Chapter DOC 333

Ch. DOC 333 Note Note: Chapter DOC 333 was created as an emergency rule effective 7-23-92.

DOC 333.01 DOC 333.01 Authority and purpose. This chapter is promulgated under the authority of ss. 227.11 (2) (a) and 301.048, Stats., to provide rules for the administration of the intensive sanctions program. The purposes of the intensive sanctions program are to:

DOC 333.01(1) (1) Provide a cost-effective sentencing and placement option which satisfies punishment and public safety issues for offenders who would otherwise be incarcerated;

DOC 333.01(2) (2) Provide public safety through the administration of sanctions and supervision standards appropriate to the needs and requirements of the offender;

DOC 333.01(3) (3) Provide the necessary treatment and services to assist the offender in making meaningful, positive changes;

DOC 333.01(4) (4) Promote a crime-free lifestyle by requiring offenders to be employed, perform community service, make restitution and remain drug free; and

DOC 333.01(5) (5) Increase communication among victims, victim service agencies and legal professionals.

DOC 333.01 History History: Cr. Register, February, 1993, No. 446, eff. 3-1-93.

DOC 333.02 DOC 333.02 Applicability. This chapter applies to the department of corrections and to inmates in its custody who are eligible for a minimum security/intensive sanctions confinement classification. This chapter and other administrative rules referenced in this chapter are the only administrative rules of the department that apply to inmates in the intensive sanctions program. Any inconsistencies between rule provisions within this chapter and other chapters shall be resolved in favor of this chapter.

DOC 333.02 History History: Cr. Register, February, 1993, No. 446, eff. 3-1-93.

DOC 333.03 DOC 333.03 Definitions. In this chapter:

DOC 333.03(1) (1) “Administrator” means the administrator of the division of intensive sanctions or that person’s designee.

DOC 333.03(2) (2) “Classification chief” means the chief of the department’s office of classification or that person’s designee.

DOC 333.03(3) (3) “DAI” means the department’s division of adult institutions.

DOC 333.03(4) (4) “Department” means the Wisconsin department of corrections.

DOC 333.03(5) (5) “DIS” means the division of intensive sanctions or the intensive sanctions program.

DOC 333.03(6) (6) “Intensive sanctions program placement” or “DIS placement” means a placement in which a person is sentenced, transferred or paroled to the intensive sanctions program or participating in the program as an alternative to revocation, in accordance with s. 301.048 (2), Stats.

DOC 333.03(7) (7) “Major penalty” means placement in a Type 1 prison, jail, county reforestation camp, residential treatment facility or community-based residential facility under s. 301.048 (3) (a) 1., Stats.

DOC 333.03(8) (8) “Minimum security DIS classification” or “MS/DIS” means the inmate security classification described under s. DOC 302.12 (1) (e) 1.

DOC 333.03 Note Note: DOC 302.12 (1) (e) was repealed eff. 2-1-02.

DOC 333.03(9) (9) “Minor penalty” means one or more of the following:

DOC 333.03(9)(a) (a) Intensive or other field supervision.

DOC 333.03(9)(b) (b) Electronic monitoring.

DOC 333.03(9)(c) (c) Community service.

DOC 333.03(9)(d) (d) Restitution.

DOC 333.03(9)(e) (e) Other programs as prescribed by DIS.

DOC 333.03(9)(f) (f) Reprimand, either oral or written.

DOC 333.03(9)(g) (g) Loss of one or more privileges which includes any activity, including employment, outside the home.

DOC 333.03(10) (10) “Offense” is a violation of a rule of supervision.

DOC 333.03(11) (11) “Reclassification” or “RC” means the process associated with the assignment of inmate custody, institution placement and program need subsequent to an initial classification.

DOC 333.03(12) (12) “Rules of supervision” means the conditions of placement in the community.

DOC 333.03(13) (13) “Secretary” means the head of the department or that person’s designee.

DOC 333.03(14) (14) “State correctional facility” or “state correctional institution” means the prisons named under s. 302.01, Stats.

DOC 333.03(15) (15) “Type 1 prison” has the meaning given in s. 301.01 (5), Stats.

DOC 333.03 History History: Cr. Register, February, 1993, No. 446, eff. 3-1-93; CR 17-026: r. & recr. (11), Register June 2018 No. 750 eff. 7-1-18.

DOC 333.04 DOC 333.04 Eligibility for MS/DIS classification. A person is eligible for an MS/DIS confinement classification if both of the following apply:

DOC 333.04(1) (1) The person is any of the following:

DOC 333.04(1)(a) (a) Sentenced by a court to a felony in accordance with ss. 301.048 (2) (am) 1. and 973.032, Stats.

DOC 333.04(1)(b) (b) Paroled by the parole commission in accordance with ss. 301.048 and 304.06, Stats.

DOC 333.04(1)(c) (c) Transferred to DIS by the department in lieu of revocation of probation or parole upon agreement between the department and the inmate in accordance with s. 301.048 (2) (am) 4., Stats.

DOC 333.04(1)(d) (d) Transferred to DIS by DAI in accordance with s. 301.048 (2) (am) 2., Stats., provided that the inmate has a case plan that includes an intended residence, either a school or job placement or an alternative acceptable to the RC and a proposal for meeting treatment goals in the community. community.

DOC 333.04(2) (2) The person is not serving a life sentence in a Type 1 prison.

DOC 333.04 History History: Cr. Register, February, 1993, No. 446, eff. 3-1-93; corrections in (1) (a), (c) and (d) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612; CR 17-026: am. (1) (d), Register June 2018 No. 750 eff. 7-1-18.

DOC 333.05 DOC 333.05 DIS placement.

DOC 333.05(1) (1) Before the inmate’s placement in the community, in the case of a transfer from DAI, and as soon as practicable in the case of other placements under s. 301.048 (2), Stats.:

DOC 333.05(1)(a) (a) The inmate shall be assigned to a DIS agent and DIS staff shall provide the inmate with the name and business address of the inmate’s agent, the agent’s supervisor and the DIS sector chief.

DOC 333.05(1)(b) (b) DIS staff shall advise the inmate’s employer, appropriate school administrators and persons sharing the residence with the inmate of their responsibilities to the inmate and the program. Other occupants of the residence shall agree in writing to searches of the residence, including the grounds, in accordance with s. DOC 333.18.

DOC 333.05(1)(c) (c) The inmate shall sign an agreement to abide by the rules of supervision.

DOC 333.05(2) (2) DIS staff shall explain to the inmate the DIS rules of supervision. DIS staff shall describe how the electronic monitoring equipment works, any special limitations on transportation methods or routes, the places the inmate is authorized to visit, the hours the inmate is authorized to be absent from his or her residence, the area designated as the limits of the inmate’s confinement and treatment and services available, to include mental health outpatient treatment and services and alcohol or other drug abuse outpatient treatment and services.

DOC 333.05(3) (3) DIS staff shall inform the inmate of his or her program assignment. “Program” includes work, school, treatment, community service, an approved alternative program or a combination of any of the foregoing and a more specific activity such as a particular job within a work assignment.

DOC 333.05(4) (4) Notwithstanding ch. DOC 309, DIS may limit the recreation or leisure time activities and personal property that an inmate may have in a Type 1 prison, a jail, a county reforestation camp, a residential treatment facility or a community-based residential facility.

DOC 333.05(5) (5) If the inmate was transferred to DIS from DAI in accordance with s. 301.048, Stats., the department shall give notice of the transfer to the committing court, the municipal police chief, the county sheriff and the district attorney for the area where the inmate plans to reside. Notice shall also be given to victim - witness coordinators and victims registered with the parole eligibility notification system as appropriate. The notice shall be given prior to placement in the community.

DOC 333.05(6) (6) In the case of an inmate transferred from DAI, DIS staff and DAI staff shall coordinate transportation arrangements between the state correctional facility and the approved DIS placement.

DOC 333.05 History History: Cr. Register, February, 1993, No. 446, eff. 3-1-93.

DOC 333.06 DOC 333.06 Changes in DIS program assignment.

DOC 333.06(1) (1) DIS staff may change an inmate’s program assignment at any time by giving written notice to the inmate.

DOC 333.06(2) (2) The criteria under ss. DOC 302.11 and 302.13, the availability of programs in the community and any other factor relevant to the inmate’s rehabilitation and the protection of the community shall be considered in making the decision.

DOC 333.06(3) (3) An inmate may submit a written appeal of the change in assignment to the DIS sector chief within 10 days after receipt of the notice of assignment. The decision of the DIS sector chief shall be final.

DOC 333.06 History History: Cr. Register, February, 1993, No. 446, eff. 3-1-93; CR 17-026: am. (2), Register June 2018 No. 750 eff. 7-1-18.

DOC 333.07 DOC 333.07 Rules of supervision. The following provisions together with ss. DOC 333.12 (2) and 333.13 (6) and (7) apply to the conduct of inmates in DIS placements and are the DIS rules of supervision, a copy of which shall be provided to each inmate prior to, or as soon as practicable after placement in the community:

DOC 333.07(1) (1) The violation of any of the following provisions by an inmate who is not in a state correctional institution is an offense:

DOC 333.07(1)(a) (a) An inmate shall abide by all the rules of the inmate’s employer or the educational or training facility to which the inmate is assigned.

DOC 333.07(1)(b) (b) Except for retaining an attorney, an inmate may not enter into a contract or other agreement without prior written approval of DIS staff. Contracts which require prior approval include but are not limited to the purchase of property and time payments.

DOC 333.07(1)(c) (c) An inmate shall abide by this chapter and other rules referenced in this chapter, the specific policies, procedures and rules of any facility in which the inmate is housed and all state and federal statutes and local ordinances.

DOC 333.07(1)(d) (d) Any intentional failure of the inmate to return to the DIS residence on schedule or leaving the confines of the authorized area to which he or she is assigned, without permission, is an offense and may be referred for prosecution as an escape under ss. 301.048 (5) and 946.42 (3) (a), Stats.

DOC 333.07(1)(e) (e) If an inmate is attending school, the inmate shall attend all regularly scheduled classes even if the instructor does not require attendance, unless the inmate obtains authorization not to attend class from DIS staff. Unless the inmate lacks the ability, he or she shall maintain passing grades in all courses and a cumulative 2.0 grade point average or better on a 4.0 scale without any incompletes.

DOC 333.07(1)(f) (f) Unless approved in advance by DIS staff, an inmate may not enroll in or attend evening courses, courses requiring attendance at events away from the school site, or courses which include theater activities, field trips, athletic functions or social events.

DOC 333.07(1)(g) (g) Inmates shall report all arrests and police or other law enforcement contacts to DIS staff immediately.

DOC 333.07(1)(h) (h) Inmates shall submit a schedule of daily activities to DIS staff as directed by the staff.

DOC 333.07(1)(i) (i) Inmates shall make themselves available for tests and searches ordered by DIS staff in accordance with this chapter.

DOC 333.07(1)(j) (j) Inmates shall attend and participate in programs and treatment mandated by DIS staff.

DOC 333.07(1)(k) (k) An inmate may not change his or her schedule or DIS program including specific residence, school, work or treatment situation without prior approval by DIS staff.

DOC 333.07(1)(L) (L) An inmate may not purchase, lease, possess, trade, sell, or operate a motor vehicle without advance approval by DIS staff. To obtain approval to operate a motor vehicle, the inmate shall demonstrate proof of insurance, have a valid Wisconsin driver’s license and, if the vehicle is owned by another person, have the written permission of the owner to operate the vehicle. Approval shall be denied if ownership, possession or use of a motor vehicle is inconsistent with the inmate’s rehabilitation.

DOC 333.07(1)(m) (m) An inmate shall be responsible for maintaining telephone service compatible with the DIS electronic monitoring equipment and DIS programming needs. Personal use of the telephone line may be restricted to allow for proper functioning of the electronic monitoring equipment.

DOC 333.07(1)(n) (n) When directed by DIS staff, an inmate shall wear an electronic device continuously on the inmate’s person and comply with other requirements of the electronic monitoring system as directed.

DOC 333.07(1)(o) (o) An inmate may not tamper with the electronic monitoring equipment. Inmates are responsible for lost, stolen or damaged electronic monitoring equipment, except that inmates are not responsible for malfunctioning of equipment caused by faulty manufacturing.

DOC 333.07(1)(p) (p) Pursuant to s. 301.135 (4), Stats., an inmate shall pay an electronic monitoring fee which equals the department’s cost for the electronic monitoring, unless DIS staff waive the fee. Failure of an inmate to make payments on schedule may result in imposition of a sanction under s. 301.048 (3), Stats. Inmates may not be terminated from a DIS placement solely for failure to pay an electronic monitoring fee.

DOC 333.07(1)(q) (q) An inmate shall maintain personal cleanliness, grooming and appearance as directed by DIS staff consistent with case plan objectives. Personal cleanliness and appearance includes both the person and the residence.

DOC 333.07(1)(r) (r) An inmate shall sign an authorization giving DIS staff access to all health care records and health care information relating to the inmate’s drug prescriptions and relating in any way to the use of alcohol or drugs, alcohol or drug treatment and mental health treatment or services.

DOC 333.07(2) (2) All of the offenses listed in ss. DOC 303.11 to 303.64 shall apply to inmates in DIS placement who are not in a state correctional institution, with the following exceptions, substitutions and modifications:

DOC 333.07(2)(a) (a) Section DOC 303.15 on sexual conduct does not apply.

DOC 333.07(2)(b) (b) The following is substituted for s. DOC 303.18 on inciting a riot: Any inmate who intentionally encourages, directs, commands, coerces or signals one or more other persons to participate in a riot is guilty of an offense. “Riot” means a serious disturbance caused by a group of 2 or more persons which creates a serious risk of injury to persons or property.

DOC 333.07(2)(c) (c) The following is substituted for s. DOC 303.19 on participating in a riot: Any inmate who intentionally or recklessly participates in a riot, as defined under par. (b), or who intentionally or recklessly remains in a group of 2 or more inmates which has been ordered to disperse if some members of the group are participating in a riot, is guilty of an offense.

DOC 333.07(2)(d) (d) Section DOC 303.20 on group resistance and petitions does not apply.

DOC 333.07(2)(e) (e) The following is substituted for s. DOC 303.05 on conspiracy:

DOC 333.07(2)(e)1. 1. If an inmate plans or agrees to do acts which are forbidden under this chapter with another person or persons, the inmate is guilty of an offense.

DOC 333.07(2)(e)2. 2. The penalty for conspiracy may be the same as the penalty for the most serious of the planned offenses;

DOC 333.07(2)(f) (f) The following is substituted for s. DOC 303.22 on escape:

DOC 333.07(2)(f)1. 1. An inmate who does any of the following without permission is guilty of an offense: