Chapter DOC 328

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:

DOC 328.09(3)(a) (a) The offender has read the notice, or has had it communicated to him or her, and understands the notice under this section.

DOC 328.09(3)(b) (b) The offender acknowledges that there is good cause for the extension.

DOC 328.09(3)(c) (c) The offender consents to an extension of the supervision for the specific period of time stated in the notice.

DOC 328.09(3)(d) (d) The offender was notified of the right to consult with an attorney before signing the waiver.

DOC 328.09 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

DOC 328.10 DOC 328.10 Funds and property.

DOC 328.10(1) (1) Disclosure of financial information. An agent may require the offender to disclose all financial information, including tax returns, financial institution account statements, and wage information, to assist in the management of the offender’s financial resources.

DOC 328.10(2) (2) Monitoring of offender financial obligations. Receipting, remitting, and auditing of offender financial obligations shall be done in a manner consistent with department policies.

DOC 328.10(3) (3) Voluntary wage assignment. An agent may initiate a voluntary wage assignment against an offender’s wages in order to assure collection of court ordered financial obligations and other fees. If married, the offender’s spouse must also consent to the wage assignment.

DOC 328.10(5) (5) Offender property. Agents shall not receive or store any property for an offender except as provided under s. DOC 328.23.

DOC 328.10(6) (6) Management of offender’s financial resources.

DOC 328.10(6)(a) (a) An agent may assist in the management and disbursement of the financial resources of an offender if one of the following factors applies:

DOC 328.10(6)(a)1. 1. The offender requests assistance.

DOC 328.10(6)(a)2. 2. The agent believes that management is necessary to control the offender’s funds.

DOC 328.10(6)(a)3. 3. The agent believes that management is necessary to ensure compliance with the offender’s existing restitution orders, and other financial obligations, including payment of supervision or monitoring fees under ss. DOC 328.07, 332.18, 332.19, and 332.20.

DOC 328.10(6)(b) (b) When an agent manages funds under this section, the agent shall document all actions under this section as required by the department, including the reason the offender’s money is being managed.

DOC 328.10(6)(c) (c) Management of the funds may be done only through a bank account in the offender’s name. All financial resources of an offender managed by an agent shall be deposited directly into the offender’s account upon receipt.

DOC 328.10 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13; CR 18-062: r. (4) Register October 2019 No. 766, eff. 11-1-19.

DOC 328.11 DOC 328.11 Purchase of goods and services.

DOC 328.11(1) (1) If an offender requires assistance or materials that cannot reasonably be provided through any other available resource, the department may provide assistance in accordance with s. 301.08, Stats. The department shall approve the expenditure for the assistance before services may be provided.

DOC 328.11(2) (2) The department shall require any vendors contracted for community-based residential facilities that are licensed under ch. DHS 83 to comply with the federal prison rape elimination act of 2003.

DOC 328.11 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 328.12 DOC 328.12 Offender administrative review process.

DOC 328.12(1) (1) Purpose. The department shall provide offenders an opportunity for administrative review of certain decisions by allowing offenders to raise concerns regarding their supervision in an orderly manner.

DOC 328.12(2) (2) Scope. An offender may request administrative review to challenge any department decision affecting an offender except a decision concerning:

DOC 328.12(2)(a) (a) Revocation.

DOC 328.12(2)(b) (b) Custody and detention.

DOC 328.12(2)(c) (c) Denial of use or possession of firearms pursuant to federal or state law.

DOC 328.12(2)(d) (d) Special conditions or terms of supervision imposed by a court or the parole commission.

DOC 328.12(2)(e) (e) Decisions regarding early discharge from the term of supervision.

DOC 328.12(3) (3) Request for administrative review.

DOC 328.12(3)(a) (a) Prior to initiating a request for administrative review, the offender shall attempt to resolve the concern with the agent.

DOC 328.12(3)(b) (b) If the concern is not resolved under par. (a), the offender may file within a reasonable time a written request for administrative review to the agent’s supervisor. The request and subsequent reviews shall be filed utilizing the department’s forms.

DOC 328.12(3)(c) (c) The offender may request within a reasonable time a review of the supervisor’s decision by the regional chief. If the concern is not resolved, the offender may request within a reasonable time a final review by the administrator.

DOC 328.12(4) (4) Effect of review of disputed decision. During the administrative review process, the affected parties shall comply with the decision under dispute.

DOC 328.12(5) (5) Expedited review. The department may expedite the review process under this section if the concern raised is time sensitive.

DOC 328.12 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

DOC 328.13 DOC 328.13 Temporary travel.

DOC 328.13(1) (1) The department may authorize temporary out-of-state travel when it is consistent with the purpose and goals of the offender’s supervision, applicable interstate compact provisions, and applicable civil commitment provisions. An offender may travel out of the state of Wisconsin only if he or she has submitted a written request and has received written authorization prior to the requested travel. The division may grant prior authorization for travel out of the state of Wisconsin as follows:

DOC 328.13(1)(a) (a) Agent approval is required for travel not to exceed 15 days.

DOC 328.13(1)(b) (b) Supervisory approval is required for travel exceeding 15 days.

DOC 328.13(1)(c) (c) Travel permits may be used to authorize multiple trips to another state during a specific time period.

DOC 328.13(2) (2) An authorization for temporary out of state travel shall specify that the offender is responsible for all of the following:

DOC 328.13(2)(a) (a) The costs incurred by the travel.

DOC 328.13(2)(b) (b) Reporting as required.

DOC 328.13(2)(c) (c) Returning to the state upon agent request at any time the offender is out of state.

DOC 328.13(2)(d) (d) Waiving extradition.

DOC 328.13(2)(e) (e) Carrying a travel permit.

DOC 328.13(3) (3) Offenders shall be allowed to travel to foreign countries only as follows:

DOC 328.13(3)(a) (a) As authorized by the sentencing court.

DOC 328.13(3)(b) (b) Upon verification of official military orders from the US Armed Forces or National Guard.

DOC 328.13 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

DOC 328.14 DOC 328.14 Interstate transfer.

DOC 328.14(1) (1) If the department determines that transfer to another jurisdiction is in the best interests of an offender and consistent with the goals of this chapter, an interstate transfer may be initiated upon payment of an application fee authorized under s. 20.410 (1) (gn), Stats. The fee shall not exceed $150 per application.

DOC 328.14(2) (2) An offender from another state, who has requested supervision and is present in Wisconsin prior to formal acceptance, is subject to the provisions of this chapter.

DOC 328.14(3) (3) An offender subject to supervision in another state will be accepted for supervision in Wisconsin if one of the following applies:

DOC 328.14(3)(a) (a) The offender meets the criteria established by the applicable interstate compact.

DOC 328.14(3)(b) (b) The department consents.

DOC 328.14 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13; CR 18-062: am. (1) Register October 2019 No. 766, eff. 11-1-19.

DOC 328.15 DOC 328.15 Voluntary return to a correctional facility.

DOC 328.15(1) (1) An offender may request a voluntary return to a correctional facility for a period not to exceed one year.

DOC 328.15(2) (2) The request shall be in writing in a format prescribed by the department.

DOC 328.15(3) (3) The division shall inform the offender of all of the following:

DOC 328.15(3)(a) (a) Upon return to the institution, the offender shall remain incarcerated until the agreed release date unless the department determines earlier release is appropriate.

DOC 328.15(3)(b) (b) Offenders who were convicted prior to December 30, 1999, must waive parole consideration, good time, and entitlement to mandatory release.

DOC 328.15(3)(c) (c) The department’s rules applicable to inmates in correctional facilities shall apply to the offender during the period of incarceration.

DOC 328.15(4) (4) Upon approval of the request by the regional chief, the division shall forward the request to the administrator of the division of adult institutions for a decision.

DOC 328.15(5) (5) During the period of incarceration the agent shall maintain contact with the offender and facilitate a release plan.

DOC 328.15 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

DOC 328.16 DOC 328.16 Discharge.

DOC 328.16(1) (1) Offenders shall be informed of the individualized objectives and conditions of supervision required for discharge.

DOC 328.16(2) (2) When supervision has expired, the department shall do all of the following:

DOC 328.16(2)(a) (a) For a felon, issue a certificate of discharge or a certificate of final discharge if the offender has discharged from all felony cases. A certificate of final discharge under this subdivision shall list the civil rights that have been restored to the offender and the civil rights that have not been restored to the offender.

DOC 328.16(2)(b) (b) For a misdemeanant, notify the offender that his or her period of supervision has expired.

DOC 328.16(2)(c) (c) For a probationer, the department shall notify the sentencing court that the period of probation supervision has expired.

DOC 328.16 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.