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.
DOC 302.09 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 302.10
DOC 302.10
Factors in assigning a program or treatment component. DOC 302.10(1)(1) The department may consider factors including but not limited to the following in assigning an inmate to a program or treatment component:
DOC 302.10(2)
(2) The inmate may choose not to participate in program and treatment with an understanding that a refusal may affect custody classification and placement.
DOC 302.10 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 302.11
DOC 302.11
Purposes of A&E. The purposes of A&E shall be all of the following:
DOC 302.11(2)
(2) To determine an inmate's custody classification.
DOC 302.11(3)
(3) To provide an inmate with orientation to the department.
DOC 302.11(4)
(4) To assess an inmate's criminal and social background, sentence structure, and academic and vocational requirements.
DOC 302.11(5)
(5) To evaluate an inmate's academic, vocational, medical, social, and treatment needs.
DOC 302.11(6)
(6) To determine an inmate's treatment and program needs and priorities and coordinate these with custody classification and institution or program placement.
DOC 302.11 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 302.12
DOC 302.12
Applicability of the assessment and evaluation. DOC 302.12(1)(1) Every inmate shall participate in an assessment and evaluation or an alternative process as approved by the department. This process shall be completed not more than 8 weeks after the inmate's arrival.
DOC 302.12(2)
(2) The director may alter the scope, purpose and duration of the assessment and evaluation process to meet security and bed needs of the department.
DOC 302.12 History
History: Cr.
Register, August, 1979, No. 284, eff. 9-1-79; emerg. am. (intro.) and cr. (1) (f), eff. 1-1-90; am. (1) (intro.), cr. (1) (f),
Register, September, 1990, No. 417, eff. 10-1-90; correction in (1) (c) 3 made under s. 13.93 (2m) (b) 5., Stats.,
Register, June, 1994, No. 462;
CR 00-140: r. and recr.,
Register January 2002 No. 553, eff. 2-1-02.
DOC 302.13
DOC 302.13
Procedure for custody classification at conclusion of A&E. DOC 302.13(1)(1) The classification specialist shall do all of the following:
DOC 302.13(1)(a)
(a) Collect and review information pertaining to the inmate such as offense history, adjustment, risk factors, program goals and other relevant concerns.
DOC 302.13(1)(b)
(b) Interview the inmate and afford the inmate an opportunity to provide information.
DOC 302.13(1)(d)2.
2. A recommendation of custody classification, program or treatment needs, institution placement, and a date for program review not to exceed 12 months.
DOC 302.13(2)
(2) The director shall review the recommendations and make the final custody classification, program, treatment, and institution placement decisions and establish a date for program review not to exceed 12 months.
DOC 302.13(3)
(3) The department shall make available to the inmate a written copy of the decision.
DOC 302.13 History
History: Cr.
Register, August, 1979, No. 284, eff. 9-1-79; emerg. r. and recr. eff. 1-1-90; r. and recr.
Register, September, 1990, No. 417, eff. 10-1-90;
CR 00-140: r. and recr.,
Register January 2002 No. 553, eff. 2-1-02.
DOC 302.14
DOC 302.14
Applicability of program review. The department shall monitor custody classification, risk rating, institution placement and program or treatment assignments for every inmate.
DOC 302.14 History
History: Cr.
Register, August, 1979, No. 284, eff. 9-1-79; emerg. r. and recr. eff. 12-7-88; r. and recr.
Register, August, 1989, No. 404, eff. 9-1-89;
CR 00-140: r. and recr.,
Register January 2002 No. 553, eff. 2-1-02.
DOC 302.15
DOC 302.15 Purpose of program review. The purpose of program review is the following:
DOC 302.15(1)
(1) To provide systematic review of the inmate's needs relating to education, medical, clinical, social, offense-related and other treatment needs.
DOC 302.15(3)
(3) To assess the inmate's motivation to become involved in treatment and programs.
DOC 302.15(4)
(4) To secure program or treatment space as needed to permit the inmate to complete an assignment.
DOC 302.15(5)
(5) To provide the inmate with supplemental or alternative treatment or program assignments.
DOC 302.15(6)
(6) To provide a review of the inmate's adjustment, conduct and program participation.
DOC 302.15(8)
(8) To establish a date not to exceed 12 months for the next program review.
DOC 302.15(9)
(9) To recommend placement changes to accommodate program objectives.
