Chapter DOC 328

DOC 328.03(21) (21) “Force” means the exercise of strength or power to overcome resistance or to compel another to act or to refrain from acting in a particular way. It includes the use of mechanical or physical power or strength.

DOC 328.03(22) (22) “Great bodily harm” means bodily injury which creates a substantial risk of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury.

DOC 328.03(23) (23) “Hearing examiner” means a person appointed to preside over a hearing to determine whether the department may impose a condition of supervision requiring compliance with prescribed psychotropic medication. The hearing examiner may not currently be involved in the offender’s treatment, diagnosis, or supervision, or the direct supervisor of the agent or psychiatrist treating the offender.

DOC 328.03(24) (24) “Incapacitating agent” means any product or device commercially manufactured for the purpose of temporary control of an offender.

DOC 328.03(25) (25) “Interstate compact” means an agreement between Wisconsin and another state in the United States or territory of the United States, which provides the means for community supervision of offenders between states as authorized under ss. 304.13, 304.135, 304.14, and 304.16, Stats.

DOC 328.03(26) (26) “Intoxicating substance” means anything which if taken into the body may alter or impair normal mental or physical functions.

DOC 328.03(27) (27) “Non-deadly force” means force which the user reasonably believes will not create a substantial risk of causing death or great bodily harm to another.

DOC 328.03(28) (28) “Offender” means a person who is committed to the custody of the department for correctional purposes and is under community supervision of the division.

DOC 328.03(29) (29) “Pat-down” means a frisk of the offender’s body outside the clothing.

DOC 328.03(30) (30) “Personal search” means a search of an offender’s person, including but not limited to the offender’s pockets, an examination of the offender’s shoes, hat, and other clothing, and a visual inspection inside the offender’s mouth.

DOC 328.03(31) (31) “Region” means a subunit of the division.

DOC 328.03(32) (32) “Regional chief” means an employee or designee of the division responsible for the administration of a region.

DOC 328.03(33) (33) “Reporting” means a contact between an agent and offender determined by the rules or conditions of supervision.

DOC 328.03(34) (34) “Revocation” means the removal of an offender from community supervision in accordance with chs. DOC 331 and HA 2.

DOC 328.03(35) (35) “Rules” means departmental regulations applicable to a specific offender under supervision.

DOC 328.03(36) (36) “School” means a public school under s. 115.01 (1), Stats., a charter school as defined in s. 115.001 (1), Stats., or a private school as defined in s. 115.001 (3r), Stats.

DOC 328.03(37) (37) “Secretary” means the secretary of the department or designee.

DOC 328.03(38) (38) “Supervision fees” means financial obligations imposed on offenders pursuant to s. 304.074, Stats.

DOC 328.03(39) (39) “Supervisor” means an employee of the division responsible for the oversight and management of staff involved in direct supervision of offenders.

DOC 328.03(40) (40) “Tolled time” means the period of time between the date of an offender’s violation and the date the offender’s supervision is reinstated or revoked.

DOC 328.03(41) (41) “Waiver” means the written relinquishment of known rights by an offender.

DOC 328.03(42) (42) “Working day” means each day, except Saturday, Sunday, and holidays designated in s. 230.35 (4) (a), Stats.

DOC 328.03 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13; correction in (38) made under s. 13.92 (4) (b) 7., Register June 2013 No. 690.

subch. II of ch. DOC 328 Subchapter II — Offender under Supervision

DOC 328.04 DOC 328.04 Community supervision.

DOC 328.04(1) (1) Division employees are to provide individualized supervision of offenders in a manner consistent with the goals and objectives of this chapter.

DOC 328.04(2) (2) When an offender is placed on supervision, an agent’s duties shall include all of the following:

DOC 328.04(2)(a) (a) Obtain information necessary for appropriate supervision of the offender.

DOC 328.04(2)(b) (b) Evaluate the offender’s needs and risk to re-offend.

DOC 328.04(2)(c) (c) Determine the short-term and long-term goals and overall objectives of the offender’s supervision.

DOC 328.04(2)(d) (d) Establish rules and explain and provide the offender with a copy of the rules and conditions.

DOC 328.04(2)(e) (e) Inform the offender of the possible consequences of not abiding by the rules and conditions.

DOC 328.04(2)(f) (f) Cooperate with and assist the district attorney who is responsible for determining restitution.

DOC 328.04(2)(g) (g) Inform the offender of the administrative review process under s. DOC 328.12.

DOC 328.04(2)(h) (h) Inform the offender of applicable state and local law enforcement registration requirements.

DOC 328.04(2)(i) (i) Monitor the offender’s compliance with the conditions and rules including through the use of monitoring and tracking technology at the discretion of the department.

DOC 328.04(2)(j) (j) Maintain complete and accurate case records for each offender.

DOC 328.04(2)(k) (k) Supervise persons committed under s. 971.17, Stats., and ch. 980, Stats., in accordance with the agreement between the department and the department of health services.

DOC 328.04(2)(L) (L) Report suspected child abuse cases to the appropriate authorities.

DOC 328.04(2)(m) (m) Report to a supervisor as directed on the status of the offender.

DOC 328.04(2)(n) (n) Report all violations of the criminal law by the offender to a supervisor and if appropriate, to law enforcement.

DOC 328.04(2)(o) (o) Conduct investigations and prepare institution release plans in accordance with s. DOC 328.05.

DOC 328.04(2)(p) (p) Collect restitution and other court ordered financial obligations, and fees as authorized by statute.

DOC 328.04(2)(q) (q) Inform the offender of the process to petition for termination of lifetime supervision under s. 939.615 (6), Stats., if applicable.

DOC 328.04(3) (3) Standard rules require that the offender shall comply with all of the following:

DOC 328.04(3)(a) (a) Avoid all conduct which is in violation of federal or state statute, municipal or county ordinances, or tribal law.

DOC 328.04(3)(b) (b) Avoid all conduct which is not in the best interest of the public welfare or the offender’s rehabilitation.

DOC 328.04(3)(c) (c) Report all arrests or police contacts to an agent within 72 hours.

DOC 328.04(3)(d) (d) Participate in and comply with the requirements of programming recommended by the department.

DOC 328.04(3)(e) (e) Inform the agent of whereabouts and activities as directed.

DOC 328.04(3)(f) (f) Submit a written offender report and any other relevant information as may be required.

DOC 328.04(3)(g) (g) Submit to searches ordered by the agent under s. DOC 328.22.

DOC 328.04(3)(h) (h) Obtain permission from an agent prior to changing residence or employment. In the case of an emergency, notify the agent of the change within 72 hours.

DOC 328.04(3)(i) (i) Obtain permission and a travel permit from an agent before leaving the state.

DOC 328.04(3)(L) (L) Pay court ordered financial obligations and other fees as required.

DOC 328.04(3)(m) (m) Obtain permission from an agent prior to purchasing, possessing, owning or carrying a firearm or other weapon, including incapacitating agents. An offender may not be granted permission to possess a firearm if prohibited under federal or state law.

DOC 328.04(3)(n) (n) Shall not vote in any federal, state, county, municipal, or school board election held in Wisconsin while on supervision for a felony conviction.

DOC 328.04(3)(o) (o) Abide by all rules of any detention or correctional facility.

DOC 328.04(3)(p) (p) Provide true and correct information verbally and in writing as required by the department.

DOC 328.04(3)(q) (q) Report to an agent as directed.

DOC 328.04(3)(r) (r) Submit a biological specimen for testing when ordered by a court or under s. 165.76, Stats.

DOC 328.04(3)(s) (s) Comply with any additional rules that may be established by an agent. The rules may be modified at any time as appropriate.

DOC 328.04 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13; CR 18-062: am. (2) (i) Register October 2019 No. 766, eff. 11-1-19; CR 21-104: r. and recr. (3) (d), r. (3) (j), (k) Register May 2024 No. 821, eff. 6-1-24.

DOC 328.05 DOC 328.05 Institution release planning. After the inmate and institution staff have prepared a proposed release plan, the agent shall investigate the plan, comment as to its appropriateness, and suggest modifications if necessary. The plan must address any court-ordered conditions or conditions of release.

DOC 328.05 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

DOC 328.06 DOC 328.06 Notice to law enforcement of inmate release to supervision. Before releasing an inmate to supervision, the department shall notify the municipal police department and the county sheriff in the area where the individual will reside.

DOC 328.06 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

DOC 328.07 DOC 328.07 Supervision fees.

DOC 328.07(1) (1) Supervision fee. An offender shall pay a supervision fee.

DOC 328.07(2) (2) Establishment of fee. The department shall charge a fee not to exceed $60 per month to probationers, parolees, and persons on extended supervision to partially reimburse the department for the costs of providing supervision and services.

DOC 328.07(3) (3) Agent action. The assigned agent shall do all of the following:

DOC 328.07(3)(a) (a) Establish the offender’s supervision fee or exemption.

DOC 328.07(3)(b) (b) Provide the offender with a copy of the fee schedule.

DOC 328.07(4) (4) Reporting and verification of supervision fee. The department shall do all of the following:

DOC 328.07(4)(a) (a) Record all supervision fees paid by the offender.

DOC 328.07(4)(b) (b) Provide the offender access to a copy of the record of payments to verify receipt of payment.

DOC 328.07(5) (5) Refunds of supervision fees. The department shall refund supervision fees only when the offender has paid in advance for a month that the offender was not under supervision.

DOC 328.07 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13; CR 18-062: r. and recr. Register October 2019 No. 766, eff. 11-1-19.

DOC 328.08 DOC 328.08 Financial obligations. When an offender is required to pay restitution or other financial obligations pursuant to state statute or court order, the following procedures apply:

DOC 328.08(1) (1) Acceptance and disbursement of payment. The department may at any time accept a payment from or on behalf of an offender, which is made pursuant to state statute or court order. The department shall transmit the payment to the department cashier for deposit in the offender’s account. The cashier shall disburse funds from the account in accordance with the court order or state statute.

DOC 328.08(2) (2) Unpaid financial obligations.

DOC 328.08(2)(a) (a) For offenders who have not paid court ordered obligations, the department will provide notification to the sentencing court, district attorney, and victim at least 90 days prior to discharge.

DOC 328.08(2)(b) (b) If the department determines that the offender has made a good faith effort to pay ordered obligations, the department shall recommend the court order the restitution due be entered as a civil judgment in favor of the victims.

DOC 328.08(2)(c) (c) When the department determines that an offender who is on probation has not made a good faith effort to pay the ordered obligations, the department may recommend that the court extend the term of probation and modify any condition or recommend that the court enter a civil judgment in favor of the victims. The department shall inform the offender of his or her rights to a hearing and waiver under s. DOC 328.09 (2) and (3).

DOC 328.08 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

DOC 328.09 DOC 328.09 Extension of probation.

DOC 328.09(1) (1) Department recommendation. The department may recommend that a court extend the probation period under s. 973.09 (3) (a), Stats.

DOC 328.09(2) (2) Hearing. If the department recommends extension of an offender’s probation, the department shall notify the offender of the recommendation and the right to a court hearing.

DOC 328.09(3) (3) Waiver. An offender may knowingly and voluntarily waive the hearing in writing. The waiver shall state that: