DOC 333.10(1)(1) The proposed termination of a DIS placement by DIS staff under s. DOC 333.09 (1) shall be reviewed by the PRC which shall consist of 2 or more members appointed by the administrator. The administrator may designate persons to sit as alternates.
DOC 333.10(2)(2) RC may recommend to the administrator or the administrator’s designee that the inmate’s DIS placement be terminated and the inmate returned to a type 1 prison or that the inmate be transferred to another community or another living arrangement or that any other appropriate action be taken. RC review of the inmate’s DIS placement shall be conducted in accordance with ss. DOC 302.17 and 302.19, except that “administrator or their designee” shall be substituted for “superintendent” in those provisions and no disciplinary hearing shall be held to determine if a violation has occurred. The decision of the administrator or the administrator’s designee shall be final.
DOC 333.10(3)(3) If the placement is to be terminated under s. DOC 333.09 (1) (b), the review process in s. DOC 333.08 (2) shall be completed before the placement is terminated.
DOC 333.10(4)(4) An inmate who has been removed from a DIS placement pending completion of the review procedure in s. DOC 333.08 (2) and who is found not guilty of the alleged violation shall be returned to the placement as soon as practicable following the determination.
DOC 333.10(5)(5) Prior to completion of the termination procedure or the revocation procedure under ch. DOC 331, the department may take any action it considers necessary for protection of the public including detention of the inmate in any state correctional institution, county jail or other facility that has agreed to hold DIS inmates in detention status, provided that the conditions for detention under s. DOC 333.11 are met.
DOC 333.10(6)(6) If an inmate is unable to attend work, school or treatment programs due to the termination procedure, DIS staff shall notify the appropriate school official, employer or treatment staff.
DOC 333.10 HistoryHistory: 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 333.11DOC 333.11Detention 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 HistoryHistory: Cr. Register, February, 1993, No. 446, eff. 3-1-93.
DOC 333.12DOC 333.12Inmate 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