Chapter DOC 333

DOC 333.11 DOC 333.11 Detention for inmates in DIS placements.

DOC 333.11(1) (1) In this section, “detention” means secure or non-secure confinement 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 333.11(2) (2) An inmate may be placed in detention by any DIS staff or by a law enforcement officer at the request of DIS staff and kept there if the decision maker is satisfied that it is more likely than not that one or more of the following is true:

DOC 333.11(2)(a) (a) If the inmate remains in the DIS placement, the inmate will seek to intimidate a witness in a pending investigation, disciplinary action or termination action.

DOC 333.11(2)(b) (b) If the inmate remains in the DIS placement, the inmate will encourage others by example, expressly, or by the inmate’s presence, to defy staff authority and thereby erode staff’s ability to control a particular situation.

DOC 333.11(2)(c) (c) If the inmate remains in the DIS placement, it will create a substantial danger to the physical safety of the inmate or another person.

DOC 333.11(2)(d) (d) If the inmate remains in the DIS placement, there is a substantial danger that the inmate will try to escape.

DOC 333.11(2)(e) (e) If the inmate remains in the DIS placement, a criminal, disciplinary or termination investigation will thereby be inhibited.

DOC 333.11(2)(f) (f) If the inmate remains in the DIS placement, there is a substantial danger that the inmate will commit a crime.

DOC 333.11(2)(g) (g) If, in the discretionary judgement of DIS staff, the inmate’s retention in the DIS placement is not reasonably calculated to serve the interests stated in s. DOC 333.01.

DOC 333.11(3) (3) DIS supervisory staff shall review the placement of an inmate in detention within 3 working days after it takes place. Before this review, the inmate shall be provided with the reason for detention and with an opportunity to respond, either orally or in writing. Review of the decision shall include consideration of the inmate’s response to the detention. If, upon review, it is determined that detention is not appropriate, the inmate shall be returned to the DIS placement.

DOC 333.11(4) (4) No inmate may remain in detention more than 21 days, except that the administrator may extend this period for up to 21 additional days for cause. After the review under sub. (3), DIS supervisory staff shall review the status of each inmate in detention every 7 days to determine whether detention continues to be appropriate. If upon review it is determined that detention is not appropriate, the inmate shall be returned to his or her DIS placement.

DOC 333.11(5) (5) When an inmate is placed in detention, the person who makes the placement shall state in writing the reasons for the detention. The inmate shall be given a copy of the written statement. Upon review, the supervisory staff person shall indicate on the statement approval or disapproval of detention.

DOC 333.11 History History: Cr. Register, February, 1993, No. 446, eff. 3-1-93.

DOC 333.12 DOC 333.12 Inmate funds.

DOC 333.12(1) (1) An inmate in a DIS placement is not eligible for compensation under s. DOC 309.55.

DOC 333.12(2) (2) The inmate shall sign an agreement acknowledging the department’s authority to collect all funds earned and compensation received by the inmate while in a DIS placement and to disburse those funds in accordance with this section. Refusal to sign an agreement is an offense.

DOC 333.12(3) (3) The DIS business manager or a financial institution designated to handle DIS inmate accounts shall establish a separate DIS account for each inmate and make disbursements in accordance with this section. All paychecks from DIS work assignments and other funds received for inmates shall be sent to the DIS business manager or a financial institution designated to handle DIS inmate accounts.

DOC 333.12(4) (4) Upon an inmate’s placement in DIS, funds in an inmate’s general account, if any, shall be transferred to his or her DIS account.

DOC 333.12(5) (5) The DIS business manager or the designated financial institution shall disburse money received while an inmate is in a DIS placement in the following order:

DOC 333.12(5)(a) (a) Payment of restitution under s. 973.20, Stats., and payment of the crime victim and witness assistance surcharge under s. 973.045 (4), Stats., and s. DOC 309.465;

DOC 333.12(5)(b) (b) Unless waived by DIS staff, an electronic monitoring fee pursuant to s. 301.135 (4), Stats., to cover the actual costs associated with electronic monitoring and

DOC 333.12(5)(c) (c) The balance to the inmate in a DIS placement.

DOC 333.12(6) (6) Prior to disbursing funds under sub. (5) (c), the business manager or designated financial institution may disburse money from the inmate’s DIS account to pay the inmate’s obligations that have been acknowledged by the inmate in writing or that have been reduced to judgment or court order.

DOC 333.12(7) (7) Income earned by or received for the benefit of an inmate while in DIS placement is not subject to release account deductions under s. DOC 309.466.

DOC 333.12(8) (8) After approval for DIS placement, an inmate who is transferred from a state correctional facility may receive a single disbursement from his or her release account under s. DOC 309.466 for initial expenses such as security deposits, clothing, fees, tuition and books, if approved by DIS staff.

DOC 333.12(9) (9) Upon termination of a DIS placement, funds in an inmate’s DIS account shall be deposited in the inmate’s general account after disbursements under sub. (5) and (6) are made.

DOC 333.12(10) (10) Before releasing an inmate to field supervision as a parolee, the DIS business manager shall inform the parole agent of the balance in the inmate’s DIS account. The agent shall instruct the business manager as to where the funds shall be transferred.

DOC 333.12 History History: Cr. Register, February, 1993, No. 446, eff. 3-1-93.

DOC 333.13 DOC 333.13 Resources for DIS inmates.

DOC 333.13(1) (1) Disclaimer. The department does not assume responsibility for the condition or safety of any DIS residence, including the inmate’s food and property at the residence, or for the safety of others or their property at a DIS residence. In this subsection, “DIS residence” does not include a type 1 prison, jail, county reforestation camp, residential treatment facility or a community-based residential treatment facility.

DOC 333.13(2) (2) Access to legal materials. Inmates shall be permitted to do reasonable legal research at local law libraries with the prior approval of DIS staff. “Reasonable research” means a maximum of four hours per week, including travel time. Inmates with court imposed deadlines may request additional research time.

DOC 333.13(3) (3) Medical care.

DOC 333.13(3)(a) (a) Inmates with private health insurance may use any medical personnel and facilities covered by their policy with prior approval of DIS staff.

DOC 333.13(3)(b) (b) DIS staff shall assist inmates without private health insurance to identify the public health and social service agencies which can assist them with their health care needs. Prior approval by the assigned agent is required for utilization of medical personnel or facilities.

DOC 333.13(4) (4) Religious services. With the prior approval of DIS staff, inmates motivated by religious beliefs shall be given a reasonable opportunity to attend religious services. “Reasonable opportunity” means required worship time not to exceed 2 hours per week, including travel time. “Religious services” does not include social activities sponsored by a religion or related to religious activities. Inmates may request additional time for required worship.

DOC 333.13(5) (5) Recreation time. Recreation time shall be administered as follows:

DOC 333.13(5)(a) (a) In this subsection, “recreation time” means activities outside the inmate’s residence other than those required for job, school or treatment programs and include, but are not limited to exercise and recreational activities. Time which the inmate must be permitted to spend at religious services or law libraries under subs. (2) and (4) is not recreation time. Recreation time may be used by an inmate for legal research at law libraries or religious services, in addition to the time provided under subs. (2) and (4).

DOC 333.13(5)(b) (b) Recreation time may be provided at the discretion of DIS staff. Recreation time shall be conditioned upon satisfactory participation in the program.

DOC 333.13(5)(c) (c) A request for recreation time shall be made by an inmate in writing to his or her agent. All recreation time shall have prior approval by DIS staff and shall be included in the inmate’s schedule. The request shall include the following:

DOC 333.13(5)(c)1. 1. Date and starting and ending time of recreation activity.

DOC 333.13(5)(c)2. 2. Specific location of recreation.

DOC 333.13(5)(c)3. 3. Names of persons involved in the recreation activity.

DOC 333.13(5)(c)4. 4. Description of the recreation activity.

DOC 333.13(5)(d) (d) An inmate may lose the privilege of participating in recreation activities through the disciplinary process under s. DOC 333.08.

DOC 333.13(6) (6) Property.

DOC 333.13(6)(a) (a) Inmates may have personal property in their possession or in their residence in accordance with this subsection and the inmate’s rules of supervision.

DOC 333.13(6)(b) (b) An inmate in a DIS placement may possess any personal property except:

DOC 333.13(6)(b)1. 1. Property which is prohibited by state, federal or local law or this chapter.

DOC 333.13(6)(b)2. 2. An alcohol beverage as defined in s. 125.02 (1), Stats., or a controlled substance as defined in s. 961.01 (4), Stats., which was not prescribed by an approved physician.

DOC 333.13(6)(b)3. 3. Any item designed exclusively to be used as a weapon or to be used in the manufacture of a weapon.

DOC 333.13(6)(b)4. 4. Drug paraphernalia, as defined in s. DOC 303.44.

DOC 333.13(6)(b)5. 5. Obscene material, as defined in s. DOC 309.05 (6) (c) 8.

DOC 333.13 Note Note: DOC 309.05 (6) (c) 8. was repealed eff. 10-1-98.

DOC 333.13(6)(b)6. 6. Property which is prohibited by the inmate’s rules of supervision.

DOC 333.13(6)(c) (c) Items not permitted under this section or under an inmate’s rules of supervision are contraband. An inmate may be subject to discipline for possessing contraband. The items may be seized in accordance with the procedure in s. DOC 303.10, except that contraband shall not be disposed of, if a violation report will be or has been issued, until the procedures in s. DOC 333.08 have been completed.

DOC 333.13(7) (7) Inmate contacts. Special conditions may be placed on an inmate’s contacts while in a DIS placement, including mail, visits and telephone if, in the discretion of DIS staff, it will be helpful to the rehabilitation of the inmate or the protection of the public. Communication with the courts or the parties identified in s. DOC 309.04 (4) shall not be restricted.

DOC 333.13 History History: Cr. Register, February, 1993, No. 446, eff. 3-1-93; corrections in (6) (b) 2. and (7) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612.

DOC 333.14 DOC 333.14 Use of force. The use of force on inmates in DIS placements shall comply with s. DOC 306.07, modified as follows:

DOC 333.14(1) (1) In addition to the conditions for use of non-deadly force under s. DOC 306.07 (2), non-deadly force may be used by DIS staff against a DIS inmate if the user of force reasonably believes it is necessary to prevent the inmate from fleeing the control of the correctional staff member.

DOC 333.14(2) (2) Deadly force may not be used by DIS staff against a DIS inmate except to prevent death or great bodily injury to oneself or another.

DOC 333.14(3) (3) If the DIS inmate is held in a state correctional institution, the use of force rules under ch. DOC 306 apply.

DOC 333.14 History History: Cr. Register, February, 1993, No. 446, eff. 3-1-93; corrections in (intro.) and (1) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612.

DOC 333.15 DOC 333.15 Mechanical restraints.

DOC 333.15(1) (1) Mechanical restraints which may be used on inmates in DIS placements are limited to handcuffs, handcuffs with restraining belt or chain, restraining chain and leg restraints.

DOC 333.15(2) (2) Mechanical restraints may be used only in the following circumstances:

DOC 333.15(2)(a) (a) To protect staff or others from a DIS inmate who poses an immediate risk of flight or physical injury to others unless restrained.

DOC 333.15(2)(b) (b) To protect a DIS inmate who poses an immediate threat of physical injury to himself or herself unless restrained.

DOC 333.15(2)(c) (c) To protect staff when staff is conducting a search of the inmate’s residence.

DOC 333.15(2)(d) (d) When taking a DIS inmate into custody.

DOC 333.15(2)(e) (e) To transport a DIS inmate.

DOC 333.15(3) (3) Mechanical restraints may not be used:

DOC 333.15(3)(a) (a) As a method of punishment.

DOC 333.15(3)(b) (b) About the head or neck of an inmate.

DOC 333.15(3)(c) (c) In a way that causes undue physical discomfort, inflicts physical pain or restricts the blood circulation or breathing of the inmate.

DOC 333.15(3)(d) (d) To restrain an inmate to a moving vehicle.

DOC 333.15(4) (4) A DIS staff member shall observe a DIS inmate in restraints at least once every 15 minutes until the restraints are removed or the inmate is admitted to a state correctional institution, a detention facility, a mental health facility or a medical facility.

DOC 333.15(5) (5) If feasible, an inmate shall be released from restraints to perform bodily functions and for meals.

DOC 333.15(6) (6) A written record shall be made each time the inmate is placed in restraints. The record shall include:

DOC 333.15(6)(a) (a) The inmate’s full name, number, and the date and time the inmate was placed in restraints.

DOC 333.15(6)(b) (b) The name of the staff member who placed the inmate in restraints.

DOC 333.15(6)(c) (c) The reason for placing the inmate in restraints.

DOC 333.15(6)(d) (d) A statement indicating when and under what circumstances the restraints were removed.

DOC 333.15(7) (7) DIS staff shall periodically examine the supply of mechanical restraints. Any excessively worn or defective restraints shall be removed from the supply. Only commercially manufactured mechanical restraints may be used.

DOC 333.15(8) (8) If the DIS inmate is held in a state correctional institution, the mechanical restraints rules under ss. DOC 306.09 and 306.10 apply.

DOC 333.15 History History: Cr. Register, February, 1993, No. 446, eff. 3-1-93.

DOC 333.16 DOC 333.16 Oleoresin of capsicum, firearms and other weapons.

DOC 333.16(1) (1) Oleoresin of capsicum. For the purpose of this section, “oleoresin of capsicum” means the oleoresin extracted from fruits of plants of the genus capsicum. The oleoresin contains the active ingredient capsaicin and related compounds classified as capsaicinoids.

DOC 333.16(2) (2) Use of oleoresin of capsicum. An employee may carry or use oleoresin of capsicum, as permitted under s. 941.26 (4) (a), Stats., while on duty, only under the following conditions: