Chapter DOC 328

DOC 328.22(7)(b)5. 5. Any items seized pursuant to the search with documentation of chain of custody.

DOC 328.22(7)(b)6. 6. Whether any damage was done to the premises or property during the search.

DOC 328.22(7)(c) (c) During searches an employee may read business records and personal mail of offenders. The employee may not read any privileged legal materials, including any communication between an offender and an attorney, or any materials prepared in anticipation of a lawsuit.

DOC 328.22(7)(d) (d) An employee may not forcibly enter any property to conduct a search.

DOC 328.22(8) (8) Seizure of body contents.

DOC 328.22(8)(a) (a) Only licensed or certified medical staff may take a blood or stool sample.

DOC 328.22(8)(b) (b) When the agent or supervisor requires the collection of a urine specimen to be observed, an employee of the same sex as the offender shall observe and collect the urine specimen.

DOC 328.22(8)(c) (c) Any trained employee may conduct breathalyzer tests or collect hair or other physical material samples.

DOC 328.22(8)(d) (d) A report of a test on a specimen of an offender’s urine, breath, blood, stool, hair, fingernails, saliva, semen, or other identifying physical material produced by the offender may be presented as evidence in a revocation hearing. The expert who made the findings need not be called as a witness in a hearing or proceeding under this chapter, ch. DOC 331, or ch. HA 2.

DOC 328.22 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

DOC 328.23 DOC 328.23 Contraband.

DOC 328.23(1) (1) Any employee who reasonably believes that an item in an offender’s possession is contraband may seize the item, whether or not the employee believes a violation of the offender’s rules or conditions of supervision has occurred. Any items seized must be documented with chain of custody.

DOC 328.23(2) (2) The supervisor shall dispose of seized contraband after all proceedings in which it may be required have been completed. Disposition shall be as follows:

DOC 328.23(2)(a) (a) All confiscated currency, whose true owner cannot be determined, shall be placed in the general fund.

DOC 328.23(2)(b) (b) Checks and other negotiable instruments shall be returned to the maker. If it is not possible to determine an address for the maker of the check, the check shall be destroyed.

DOC 328.23(2)(c) (c) U.S. bonds and other securities shall be held in the department’s cashier’s office, and upon proof of ownership, the item shall be returned to the owner.

DOC 328.23(2)(d) (d) Property items shall be returned at the offender’s expense to the owner if the owner is known unless the owner transferred the property in an unauthorized manner. Property items which an offender is not permitted to possess and which are not illegal may be transferred to another person at the offender’s expense. Property items of inherent value which were not returned to the owner shall be sold through the department’s purchasing officer and money received shall be placed in the general fund.

DOC 328.23(2)(e) (e) Intoxicating substances, such as alcohol or controlled substances, shall be disposed of in accordance with division policy.

DOC 328.23(2)(f) (f) Firearms not required for use as evidence shall be disposed of in accordance with s. 968.20, Stats.

DOC 328.23(2)(g) (g) Any item originally assigned as property of the state shall be returned to service.

DOC 328.23 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

DOC 328.24 DOC 328.24 Absconding.

DOC 328.24(1) (1) If an offender absconds, an employee shall issue an apprehension request.

DOC 328.24(2) (2) If an offender committed under s. 961.47 (1), Stats., absconds and is not located within 90 days, an employee shall request that the committing court issue a capias ordering apprehension of the offender, vacating the order committing the offender to the custody of the department, or relieve the department of further responsibility for the offender. Following court action, the agent shall cancel the apprehension request.

DOC 328.24(3) (3) Once the offender is apprehended and becomes available, an employee shall conduct a violation investigation and make a determination regarding disposition. The employee shall also cancel the apprehension request.

DOC 328.24 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

DOC 328.25 DOC 328.25 Tolled time.

DOC 328.25(1) (1) The department may toll all or any part of the period of time between the date of the violation and the date of an order of revocation or reinstatement is entered, subject to sentence credit for time the offender spent in custody pursuant to s. 973.155 (1), Stats. If the offender is subsequently reinstated rather than revoked, time shall be tolled only if the reinstatement order concludes that the offender did in fact violate the rules or conditions of his or her supervision.

DOC 328.25(2) (2) A division of hearings and appeals administrative law judge or the secretary shall determine the amount of time to be tolled.

DOC 328.25 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

DOC 328.26 DOC 328.26 Reinstatement.

DOC 328.26(1) (1) The department may reinstate an offender upon the offender’s request and written admission of a violation of the rules or conditions of supervision sufficient to warrant revocation.

DOC 328.26(2) (2) 

DOC 328.26(2)(a) (a) The request under sub. (1) shall acknowledge both of the following:

DOC 328.26(2)(a)1. 1. The date of the violation.

DOC 328.26(2)(a)2. 2. The offender’s awareness that the period between the date of violation and the date of reinstatement or revocation may be tolled.

DOC 328.26(2)(b) (b) An offender’s request for reinstatement and written admission shall be submitted to the regional chief to determine whether reinstatement is appropriate.

DOC 328.26(2)(c) (c) A copy of the regional chief’s decision, including the reasons for it, shall be sent to the offender and the original returned to the agent.

DOC 328.26(2)(d) (d) If the regional chief determines that reinstatement should not occur, the revocation process may be initiated in accordance with s. DOC 331.03.

DOC 328.26 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

DOC 328.27 DOC 328.27 Custody and detention. Whenever feasible, an employee shall rely on law enforcement authorities to take an offender into custody. When law enforcement assistance is not available, the employee shall decide whether to disengage and issue an apprehension request or take the offender into custody in accordance with this section.

DOC 328.27(1) (1) Custody order. An agent shall order an offender into custody if the offender is alleged to have been involved in assaultive or dangerous conduct. A regional chief may permit exceptions to this subsection.

DOC 328.27(2) (2) Detention. An offender may be taken into custody and detained for one of the following purposes:

DOC 328.27(2)(a) (a) For investigation of an alleged violation of a rule or condition of supervision.

DOC 328.27(2)(b) (b) After an alleged violation to determine whether to commence revocation proceedings.

DOC 328.27(2)(c) (c) For disciplinary purposes.

DOC 328.27(2)(d) (d) To prevent a possible violation by the offender.

DOC 328.27(2)(e) (e) Pending placement in a program as an alternative to revocation.

DOC 328.27(3) (3) Length of detention. An offender may be detained in accordance with one or more of the following:

DOC 328.27(3)(a) (a) Except as provided in sub. (6) and (7), an agent may authorize the detention of an offender under sub. (1) or (2) for a maximum of 5 working days.

DOC 328.27(3)(b) (b) A supervisor may approve additional detention for a maximum of 5 working days.

DOC 328.27(3)(c) (c) A regional chief may approve detention for an additional 5 working days.

DOC 328.27(3)(d) (d) The administrator may authorize detention beyond the foregoing time limits.

DOC 328.27(3)(e) (e) An offender detained under sub. (2) (c) may be detained with supervisory approval for only a maximum of 5 working days.

DOC 328.27(3)(f) (f) This subsection does not apply to detentions pending final revocation which are authorized by an agent’s immediate supervisor under s. DOC 331.05 (7) when a preliminary hearing is not held pursuant to s. DOC 331.05 (2).

DOC 328.27(4) (4) Custody decisions. Custody decisions during revocation proceedings shall be made in accordance with s. DOC 331.05 (7).

DOC 328.27(5) (5) Detention in a state correctional facility. The department may detain an offender on parole, extended supervision, or on felony probation with an imposed and stayed sentence in a state correctional institution including a probation and parole holding facility pending revocation proceedings.

DOC 328.27(5)(a) (a) For placement of an offender in a state correctional facility other than a probation and parole holding facility, the regional chief shall make a detention request to the director of the bureau of offender classification and movement in the division of adult institutions. The request shall include both of the following:

DOC 328.27(5)(a)1. 1. Court case information that permits legal admission for detention under this subsection.

DOC 328.27(5)(a)2. 2. Reason for requested detention in a state correctional institution rather than a county facility.

DOC 328.27(5)(b) (b) The director of the bureau of offender classification and movement shall review the request and determine whether admission for detention in a state correctional institution will be authorized.

DOC 328.27(6) (6) Custody of an offender on lifetime supervision. The department may take an offender on lifetime supervision into custody under sub. (1) or (2) (a) for as long as reasonably necessary to investigate a possible violation of a condition or regulation of lifetime supervision. The department may hold an offender in custody for a maximum of 72 hours following completion of the investigation in order to refer the offender to the appropriate prosecuting agency for commencement of prosecution under s. 939.615 (7), Stats.

DOC 328.27(7) (7) Short-term sanctions.

DOC 328.27(7)(a) (a) The department may confine an offender on probation, parole, or extended supervision beyond the time limits provided under sub. (3) as a sanction when both of the following occur:

DOC 328.27(7)(a)1. 1. The offender admits to the violation in writing.

DOC 328.27(7)(a)2. 2. The regional chief or designee approves of the sanction.

DOC 328.27(7)(b) (b) The sanction may be served within a county jail if the sheriff approves.

DOC 328.27(7)(c) (c) Confinement under the sanction will not exceed 90 days.

DOC 328.27(7)(d) (d) Consistent with goals and requirements set forth in s. 301.03 (3) (b), Stats., the department will adopt an evidence-based response to violations.

DOC 328.27 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13; CR 18-062: am. (7) (title), (a) (intro.), cr. (7) (d) Register October 2019 No. 766, eff. 11-1-19.

DOC 328.28 DOC 328.28 Psychotropic medication as a condition of supervision. The purpose of this section is to provide a process for imposing a condition of supervision that requires compliance with prescribed psychotropic medications.

DOC 328.28(1) (1) Psychotropic medication as a condition of supervision. Psychotropic medication may be made a condition of supervision only when one of the following applies:

DOC 328.28(1)(a) (a) Following commitment proceedings during which the offender has been found not competent to refuse psychotropic medication.

DOC 328.28(1)(b) (b) With the consent of a guardian who is able to authorize treatment of the offender with psychotropic medication.

DOC 328.28(1)(c) (c) Following a department hearing under this section, approving a condition requiring the offender’s compliance with prescribed psychotropic medication.

DOC 328.28(1)(d) (d) When the offender waives a department psychotropic medication hearing under this section.

DOC 328.28(1)(e) (e) When ordered by a court of law.

DOC 328.28(2) (2) Criteria for requesting a hearing. An agent shall request approval for a hearing from a regional chief to determine the need for requiring psychotropic medication as a condition of supervision when all of the following apply:

DOC 328.28(2)(a) (a) The use of psychotropic medication is medically indicated.

DOC 328.28(2)(b) (b) The offender refuses to take psychotropic medication.

DOC 328.28(2)(c) (c) The offender does not waive the hearing.

DOC 328.28(3) (3) Notice of hearing. The offender shall receive written notice of the hearing at least 24 hours in advance. The notice shall include all of the following:

DOC 328.28(3)(a) (a) The basis for the allegations that use of psychotropic medication is medically indicated and necessary.

DOC 328.28(3)(b) (b) The date, time, place, and purpose of the hearing.

DOC 328.28(3)(c) (c) The right to be represented by an advocate.

DOC 328.28(3)(d) (d) The right to be heard and present evidence and relevant witnesses.

DOC 328.28(3)(e) (e) The right to cross-examine department witnesses.

DOC 328.28(3)(f) (f) The right to a written decision within 10 working days of the hearing, including the reason for the decision.

DOC 328.28(4) (4) Access to departmental offender health care records. Department employees directly involved in the decision regarding psychotropic medication as a condition of supervision shall have access to the minimum necessary amount of protected health care information to enable them to make an informed decision relating to whether compliance with psychotropic medications should be required as a condition of supervision.