Chapter DOC 333

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:

DOC 333.07(2)(f)1.a. a. Leaves a place without proper authorization from DIS staff;

DOC 333.07(2)(f)1.b. b. Leaves the custody of a staff member;

DOC 333.07(2)(f)1.c. c. Does not follow his or her assigned schedule;

DOC 333.07(2)(f)1.d. d. Leaves the confines of an area to which he or she is assigned.

DOC 333.07(2)(g) (g) The following is substituted for s. DOC 303.27 on lying: Any inmate who knowingly makes a false written or oral statement to a DIS staff member is guilty of an offense.

DOC 333.07(2)(h) (h) Section DOC 303.29 on talking does not apply.

DOC 333.07 Note Note: DOC 303.29 was repealed eff. 1-1-01.

DOC 333.07(2)(i) (i) Section DOC 303.30 on unauthorized forms of communication does not apply.

DOC 333.07(2)(j) (j) The following is substituted for s. DOC 303.32 on enterprises and fraud: Any inmate who offers to buy or orders any item with the intention of not paying for it or incurs debt without permission of DIS staff is guilty of an offense.

DOC 333.07(2)(k) (k) Section DOC 303.33 on attire does not apply.

DOC 333.07 Note Note: DOC 303.33 was repealed eff. 1-1-01.

DOC 333.07(2)(L) (L) Section DOC 303.40 on unauthorized transfer of property does not apply.

DOC 333.07(2)(m) (m) Section DOC 303.42 on possession of money does not apply.

DOC 333.07(2)(n) (n) The following is substituted for s. DOC 303.43 on possession of intoxicants:

DOC 333.07(2)(n)1. 1. Except as specifically authorized by DIS staff, any inmate who knowingly has in his or her possession or uses any intoxicating substance as defined under s. DOC 303.02 (14) which is not prescribed by an approved physician is guilty of an offense.

DOC 333.07(2)(n)2. 2. All intoxicating substances prohibited by this chapter shall be confiscated.

DOC 333.07(2)(o) (o) Section DOC 303.46 on possession of excess smoking materials does not apply.

DOC 333.07 Note Note: DOC 303.46 was repealed eff. 1-1-01.

DOC 333.07(2)(p) (p) The following is substituted for s. DOC 303.47 on possession of contraband-miscellaneous: Any inmate who knowingly possesses any items of a type which is not allowed under s. DOC 333.13 (6) (b) 1. through 6 or under the inmate’s special conditions of DIS placement is guilty of an offense.

DOC 333.07(2)(q) (q) Section DOC 303.48 on unauthorized use of the mail does not apply.

DOC 333.07(2)(r) (r) The following is substituted for s. DOC 303.49 on punctuality and attendance: Inmates shall attend and be on time for all events, classes, meetings, appointments, jobs and other activities, services or treatment for which they are scheduled. Any inmate who violates this section is guilty of an offense, unless one of the following applies:

DOC 333.07(2)(r)1. 1. DIS staff have been notified that the inmate is sick.

DOC 333.07(2)(r)2. 2. DIS staff have granted the inmate permission to be in some other location.

DOC 333.07(2)(r)3. 3. DIS staff have authorized the inmate to change his or her schedule.

DOC 333.07(2)(s) (s) Section DOC 303.50 on loitering does not apply.

DOC 333.07(2)(t) (t) The following is substituted for s. DOC 303.51 on leaving assigned area: Any inmate who leaves an area where he or she is attending a scheduled activity or who leaves the immediate area of a work or school assignment before the activity or the work or school assignment is over is guilty of an offense, unless absence from the assigned area has been approved by DIS staff.

DOC 333.07(2)(u) (u) Section DOC 303.52 on entry of another inmate’s quarters does not apply.

DOC 333.07(2)(v) (v) Section DOC 303.54 on improper storage does not apply.

DOC 333.07(2)(w) (w) Section DOC 303.55 on dirty quarters does not apply.

DOC 333.07(2)(x) (x) The following is substituted for s. DOC 303.57 on misuse of prescription medication: Any inmate who knowingly does any of the following is guilty of an offense:

DOC 333.07(2)(x)1. 1. Takes more of a prescription medication than was prescribed.

DOC 333.07(2)(x)2. 2. Takes a prescription medication which was not prescribed for him or her.

DOC 333.07(2)(y) (y) Section DOC 303.59 on use of intoxicants applies except that subs. (2) (a) and (3) are modified to include tests, examinations and specimens requested in accordance with this chapter.

DOC 333.07(2)(z) (z) Section DOC 303.63 on violations of institution policies and procedures does not apply.

DOC 333.07(3) (3) In addition to the rules listed under this subsection, which includes the list of offenses under ss. DOC 303.11 to 303.64 as affected by this subsection, DIS staff may develop additional rules of supervision for an inmate’s DIS placement which are reasonably calculated to serve the interests stated in s. DOC 333.01. These additional rules may be modified at any time with written notice to the inmate.

DOC 333.07(4) (4) Violation of any of the rules of supervision is an offense.

DOC 333.07 History History: Cr. Register, February, 1993, No. 446, eff. 3-1-93; corrections in (2) (e) (intro.) and (n) 1. made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612; corrections in (2) (intro.), (3) made under s. 13.92 (4) (b) 7., Stats., Register March 2017 No. 735.

DOC 333.08 DOC 333.08 Discipline.

DOC 333.08(1) (1) An inmate in a DIS placement may receive a sanction under s. 301.048 (3), Stats., if the department determines, after completing a review under sub. (2), that the inmate has committed one of the following:

DOC 333.08(1)(a) (a) A violation of a state or federal statute or a local ordinance.

DOC 333.08(1)(b) (b) A violation of the rules of any facility, institution or program in which the inmate is held or to which the inmate is assigned.

DOC 333.08(1)(c) (c) A violation of this chapter, including any rules referenced and incorporated in this chapter.

DOC 333.08(1)(d) (d) A violation of the rules of supervision.

DOC 333.08(2) (2) The review procedure to determine if the inmate has committed a violation shall be conducted as follows:

DOC 333.08(2)(a) (a) A written violation report shall be prepared by a DIS staff member which:

DOC 333.08(2)(a)1. 1. Sets forth all facts obtained in the DIS staff member’s investigation and includes the proposed penalty and a written statement or a report of an oral statement from the inmate. No statement concerning the alleged violation shall be taken from the inmate until 24 hours after the inmate receives a written notice of the alleged violation which shall include the rule allegedly violated, how the rule was violated and the date and place of the violation. The requirement of prior written notice may be waived by the inmate in writing. A defective notice can be cured by issuing a proper notice.

DOC 333.08(2)(a)2. 2. Includes witness statements or summaries of witness statements.

DOC 333.08(2)(a)3. 3. Identifies the evidence and the names of witnesses reported by the inmate. The DIS staff member shall include in his or her report what efforts were made to interview witnesses and gather evidence identified by the inmate.

DOC 333.08(2)(b) (b) A copy of the violation report shall be served on the inmate within 5 working days after review and approval by a supervisor who was not involved in the alleged violation and did not prepare the violation report. A minor penalty may be imposed by DIS staff after approval by the supervisor and prior to service of the violation report on the inmate.

DOC 333.08(2)(c) (c) A major penalty may be imposed by a DIS staff member after review and approval of the violation report by the supervisor under par. (b), service of the violation report on the inmate and completion of the following appeal procedure: