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).