DOC 302.03(5)
(5) "DAI" means the division of adult institutions, department of corrections.
DOC 302.03(6)
(6) "DCC" means the division of community corrections, department of corrections.
DOC 302.03(7)
(7) "Department" means the department of corrections.
DOC 302.03(7m)
(7m) "Detainer" means a writ or other legal instrument issued by a competent officer, directing the warden or superintendent of a correctional facility to notify the issuing authority when the named person is about to be released so that the issuing authority may obtain custody of the named person if appropriate.
DOC 302.03(8)
(8) "Director" means the director of the bureau of offender classification and movement, department of corrections, or his or her designee.
DOC 302.03(9)
(9) "Disciplinary hearing" means a hearing authorized under
ch. DOC 303 for the discipline of inmates for misconduct.
DOC 302.03(9g)
(9g) "Enrolled victim" means a victim who has submitted a request to the office of victim services and programs for notification of inmate or offender status changes.
DOC 302.03(9r)
(9r) "Extended supervision" means the portion of a bifurcated sentence imposed under s.
973.01, Stats., to be served in the community under the supervision of the department.
DOC 302.03(10)
(10) "Institution" means a correctional institution, correctional facility, or center or a prison defined under intensive sanctions in
ch. DOC 333 or a facility that the department contracts with for services to inmates.
DOC 302.03(11)
(11) "IS" means intensive sanctions administered by the department of corrections.
DOC 302.03(11m)
(11m) "Office of victim services and programs" means the office in the department, which is responsible for victim information and advocacy.
DOC 302.03(12m)
(12m) "Positive adjustment time" means a period of time measured in days that can be earned to reduce an inmate's period of confinement.
DOC 302.03(13)
(13) "Program needs" means the program or treatment needs of an individual inmate which reduce the risk to re-offend, escape, or be a security problem during confinement and promote readiness for community reintegration.
DOC 302.03(14)
(14) "Program review" or "PR" means the ongoing process of monitoring of custody classification, institution placement and program or treatment assignments as performed under
s. DOC 302.17.
DOC 302.03(15)
(15) "Program or treatment" means the programs, treatment and services provided by an institution or the department such as education, alcohol and drug abuse treatment, sex offender treatment, and clinical and social service counseling.
DOC 302.03(15r)
(15r) "Release eligibility date" means the date that an inmate who is serving a risk reduction sentence under s.
973.031, Stats., has served 75% of the confinement portion of his or her sentence or the date that an inmate who is serving a bifurcated sentence under s.
973.01, Stats., has served 75% or 85% of the confinement portion of his or her sentence.
DOC 302.03(16)
(16) "Secretary" means the secretary of the department of corrections, or his or her designee.
DOC 302.03(17)
(17) "Security classification" means the security level of an institution based upon the physical plant characteristics, staff resources and degree of supervision of inmates.
DOC 302.03(17m)
(17m) "Social worker" means the institution social worker to whom an inmate is assigned.
DOC 302.03(18)
(18) "Superintendent" means a superintendent, or designee, at a correctional center as established under s.
301.13, Stats.
DOC 302.03(19)
(19) "Warden" means the warden, or designee, at an institution.
DOC 302.03(20)
(20) "Working days" means all days except Saturday, Sunday, and state legal holidays.
DOC 302.03 History
History: Cr.
Register, August, 1979, No. 284, eff. 9-1-79;
CR 00-140: r. and recr.
Register January 2002 No. 553, eff. 2-1-02;
EmR0939: emerg. cr. as listed in
CR 09-120, eff. 12-31-09;
CR 09-120: cr. (1d), (1h), (1p), (1t), (7m), (9g), (9r), (11m), (12m), (15g), (15r), (17m), (18m)
Register November 2010 No. 659, eff. 12-1-10.
DOC 302.04(1)
(1) The purpose of a custody classification is to determine the appropriate placement of an inmate in order to regulate the supervision and movement of inmates among institutions, and between institutions and community programs.
DOC 302.04(2)
(2) Custody classification is determined by assessing the risk of each inmate regarding all of the following:
DOC 302.04(3)
(3) The department initiates custody classification at A&E and changes it by an individualized assessment through the program review process using factors identified in
s. DOC 302.07.
DOC 302.04 History
History: Cr.
Register, August, 1979, No. 284, eff. 9-1-79;
CR 00-140: r. and recr.,
Register January 2002 No. 553, eff. 2-1-02.
DOC 302.05
DOC 302.05
Custody classification levels. An inmate is classified under one of the following 5 custody classification levels based upon the result of an assessment of the inmate's risk under the A&E or PR process:
DOC 302.05(1)
(1) Maximum custody requires very close monitoring of inmate conduct, behavior and activities.
DOC 302.05(2)
(2) Medium custody requires moderate monitoring of inmate conduct, behavior and activities.
DOC 302.05(3)
(3) Medium-out custody requires moderate monitoring of inmate conduct, behavior and activities inside the institution and permits placement outside the confines of the institution under supervision.
DOC 302.05(4)
(4) Minimum custody requires general monitoring of inmate conduct, behavior and activities inside the institution and permits placement outside the confines of the institution.
DOC 302.05(5)
(5) Community custody requires limited monitoring of inmate conduct, behavior and activities. This classification is used for the following activities:
DOC 302.05 History
History: Cr.
Register, August, 1979, No. 284, eff. 9-1-79;
CR 00-140: r. and recr.,
Register January 2002 No. 553, eff. 2-1-02.
DOC 302.06
DOC 302.06
Institutional security classifications and relationship to custody classification. DOC 302.06(1)
(1) Except for inmates awaiting transfers, and institutions in which there is a declared emergency or disturbance, an inmate's custody classification shall be no greater than the designated security classification of the institution in which the inmate is placed.
DOC 302.06(2)
(2) Segregation units at any facility are considered maximum security.
DOC 302.06 History
History: Cr.
Register, August, 1979, No. 284, eff. 9-1-79;
CR 00-140: r. and recr.,
Register January 2002 No. 553, eff. 2-1-02.
DOC 302.07
DOC 302.07
Factors in assigning a custody classification. The department may consider factors that include but are not limited to the following in assigning custody classification:
DOC 302.07(1)
(1) The nature and seriousness of the offense the inmate was convicted of. In evaluating the seriousness of the offense, the department may consider the following:
DOC 302.07(1)(c)
(c) Whether the inmate exhibited physical aggressiveness that exposed another to harm.
DOC 302.07(1)(d)
(d) Aggravating or mitigating factors in the commission of the offense for which the inmate was convicted.
DOC 302.07(2)
(2) The inmate's criminal record and juvenile delinquency adjudications.
DOC 302.07(4)
(4) The inmate's motivation for the crime convicted of.
DOC 302.07(5)
(5) The inmate's attitude regarding the offense and sentence.
DOC 302.07(6)
(6) The inmate's record of adjustment and misconduct including any record of escape from a department facility, IS, a mental health facility, a local jail or any other confinement facility, or absconding from probation, parole, or extended supervision.
DOC 302.07(7)
(7) The length of time the inmate has been in a particular custody classification and overall time served during the current period of incarceration.
DOC 302.07(8)
(8) The inmate's medical and clinical needs, including physical or psychological treatment and observation.
DOC 302.07(9)
(9) The risk to a victim, witness, the general public or the inmate of placing the inmate in the community where the offense was committed or where the institution is located. In determining this risk, the department may consider the general public's perception of the offense and the inmate as evidenced by statements of elected officials, judges, sheriffs, district attorneys, a victim, or a witness.
DOC 302.07(10)
(10) The inmate's performance or refusal to participate in programs or treatment.
DOC 302.07(11)
(11) A pending legal process, notification or detainer.
DOC 302.07(12)
(12) Parole commission actions and stated expectations, and in the absence of any stated expectations, the likelihood of a release during the review period.
DOC 302.07(13)
(13) The results of specially designed and researched risk rating instruments developed to assist with the individualized and objective assessment of a custody classification or program and treatment assignments and placements.
DOC 302.07(14)
(14) The inmate's vulnerability to physical assault by other inmates.
DOC 302.07 History
History: Cr.
Register, August, 1979, No. 284, eff. 9-1-79;
CR 00-140: r. and recr.,
Register January 2002 No. 553, eff. 2-1-02.
DOC 302.08
DOC 302.08
Requirements for assigning a minimum custody classification to an inmate serving a life sentence. DOC 302.08(1)(1) In this section, "life sentence" means a sentence of life imprisonment. An inmate sentenced to life imprisonment who is released on parole, violates a condition of parole and is returned to a state correctional institution with or without a new sentence is considered to be serving a life sentence. If the governor pardons or commutes a life sentence, it is no longer a life sentence. The life sentence definition also applies to an inmate from another jurisdiction who is serving a sentence of life imprisonment under that jurisdiction's laws.
DOC 302.08(2)
(2) To be eligible for a minimum custody classification, an inmate serving a life sentence shall have:
DOC 302.08 History
History: Cr.
Register, August, 1979, No. 284, eff. 9-1-79;
CR 00-140: r. and recr.
Register January 2002 No. 553, eff. 2-1-02.
DOC 302.09
DOC 302.09
Program consideration. Unless otherwise specified by the rules of the department or by state and federal law, inmates may be considered for school assignments, vocational programs or treatment assignments within the Wisconsin correctional system if all of the following conditions are met:
DOC 302.09(1)
(1) The inmate has a program or treatment need that the program being considered would meet.
DOC 302.09(3)
(3) The inmate attains the custody classification needed for transfer to the site where the program is available.
DOC 302.09(4)
(4) The inmate meets program or treatment prerequisites.
