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DOC 302.04(2)(g) (g) Pending legal processes.
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(5)(a) (a) Work or study release under ch. DOC 324.
DOC 302.05(5)(b) (b) Off-grounds projects under the supervision of non-correctional staff under ch. DOC 325.
DOC 302.05(5)(c) (c) Driving institution vehicles under ch. DOC 325.
DOC 302.05(5)(d) (d) Leave for qualified inmates under ch. DOC 326.
DOC 302.05(5)(e) (e) Community residential confinement under ch. DOC 327.
DOC 302.05(5)(f) (f) Intensive sanctions under ch. DOC 333.
DOC 302.05(5)(g) (g) Other programs which the department may establish.
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)(a) (a) Potential of physical danger to another.
DOC 302.07(1)(b) (b) Harm done to the victim in the commission of the offense.
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(3) (3) The length of sentence being served.
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(2)(a) (a) Reached parole eligibility or be within 5 years of extended supervision eligibility as defined in ss. 304.06 (1) and 973.014, Stats.
DOC 302.08(2)(b) (b) A recommendation for minimum custody classification made by the PRC under s. DOC 302.17.
DOC 302.08(2)(c) (c) Director's approval for minimum custody classification.
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(2) (2) There is space available in the program.
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(1)(a) (a) Factors under s. DOC 302.07.
DOC 302.10(1)(b) (b) Program or treatment prerequisites.
DOC 302.10(1)(c) (c) The inmate's past performance in programs.
DOC 302.10(1)(d) (d) Federal or state law requirements.
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(1) (1) To assess an inmate's risk under s. DOC 302.04 (2).
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)(c) (c) Document the inmate's views.
DOC 302.13(1)(d) (d) Prepare a report that includes all of the following:
DOC 302.13(1)(d)1. 1. A summary of the information gathered through pars. (a), (b), and (c).
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 302.15Purpose 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.
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