Chapter DOC 328

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.

DOC 328.17 DOC 328.17 Early discharge.

DOC 328.17(1) (1) Offenders may be eligible for discharge as provided by s. 973.09 (3) (d), Stats.

DOC 328.17(1m) (1m) The department may grant a parolee early discharge when there is a reasonable probability that supervision is no longer necessary for the rehabilitation and treatment of the offender and for the protection of the public. The offender must have reached his or her mandatory release date or have been under supervision for two years under s. 302.11 (6), Stats.

DOC 328.17(2) (2) Offenders are eligible for discharge by the governor as provided by s. 973.013 (2), Stats.

DOC 328.17(3) (3) The department may not discharge an offender on lifetime supervision under s. 939.615, Stats.

DOC 328.17 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13; CR 18-062: r. and recr. (1), cr. (1m), am. (2), r. (4) Register October 2019 No. 766, eff. 11-1-19.

subch. III of ch. DOC 328 Subchapter III — Enforcement Options and Related Matters

DOC 328.18 DOC 328.18 Use of force. Whenever feasible, staff shall rely on law enforcement authorities to exercise force against offenders. When such assistance is not available, staff may use force subject to this section.

DOC 328.18(1) (1) Non-deadly force may be used by staff against offenders only if the user of force reasonably believes it is immediately necessary to realize one of the following objectives:

DOC 328.18(1)(a) (a) To prevent death or bodily harm to oneself or another.

DOC 328.18(1)(b) (b) To prevent unlawful damage to property, including damage that may result in death or bodily harm to oneself or another.

DOC 328.18(1)(c) (c) To prevent an offender from fleeing the control of a staff member.

DOC 328.18(1)(d) (d) To change the location of an offender.

DOC 328.18(2) (2) Staff may use deadly force only to prevent death or great bodily injury to oneself or another.

DOC 328.18(3) (3) Staff may not use deadly force if its use creates a substantial danger of harm to innocent third parties, unless the danger created by not using such force is greater than the danger created by using it.

DOC 328.18(4) (4) The use of excessive force is forbidden. Only as much force may be used as is reasonably necessary to achieve the objective.

DOC 328.18 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

DOC 328.19 DOC 328.19 Mechanical restraints.

DOC 328.19(1) (1) An employee may use mechanical restraints authorized by the department to restrain an offender only in accordance with the following:

DOC 328.19(1)(a) (a) To protect staff or others from an offender who poses an immediate risk of flight or physical injury to others.

DOC 328.19(1)(b) (b) To protect an offender who poses an immediate threat of physical injury to self.

DOC 328.19(1)(c) (c) To take an offender into custody.

DOC 328.19(1)(d) (d) To transport an offender while in custody.

DOC 328.19(2) (2) Mechanical restraints may not be used under any of the following circumstances:

DOC 328.19(2)(a) (a) As a method of punishment.

DOC 328.19(2)(b) (b) In a manner that intentionally causes undue physical discomfort, inflicts physical pain, or restricts the blood circulation or breathing of the offender.

DOC 328.19(2)(c) (c) To restrain an offender to a vehicle.

DOC 328.19(3) (3) Staff shall monitor an offender in restraints at regular intervals until the restraints are removed or custody of the offender is transferred.

DOC 328.19(4) (4) Offenders should be released from restraints to perform bodily functions and for meals when the removal does not jeopardize safety and security.

DOC 328.19 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

DOC 328.20 DOC 328.20 Incapacitating agents. An employee may possess and use only those incapacitating agents and delivery systems approved by the department.

DOC 328.20(1) (1) Authorized use of incapacitating agents. An employee who is on duty may possess or use incapacitating agents only under the following conditions:

DOC 328.20(1)(a) (a) After successfully completing a department approved training program for use of incapacitating agents.

DOC 328.20(1)(b) (b) While acting in self-defense or defense of a third person.

DOC 328.20(2) (2) Contamination response. An employee using incapacitating agents shall provide an exposed person an opportunity for necessary medical attention.

DOC 328.20(3) (3) Documentation. The employee using incapacitating agents shall document its use according to department policy and procedure.

DOC 328.20 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

DOC 328.21 DOC 328.21 Firearms or other weapons. No employee of the division may possess or use a firearm or other weapons while on duty, except as permitted under s. DOC 328.23.

DOC 328.21 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

DOC 328.22 DOC 328.22 Search and seizure; pat-down.

DOC 328.22(1) (1) General policy. A search of an offender, the offender’s living quarters or property, or seizure of the offender’s body contents may be made at any time, but only in accordance with this section. Strip searches or body cavity searches are prohibited. For purposes of this section, the mouth is not a body cavity.

DOC 328.22(2) (2) Justification. A search or seizure is appropriate and consistent with the goals and objectives of supervision under any of the following circumstances:

DOC 328.22(2)(a) (a) When an employee has reasonable grounds to believe the offender possesses contraband or evidence of a rule violation on or within his or her person or property.