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.
DOC 302.15 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 302.16
DOC 302.16
Program review personnel. Every correctional institution and center shall have a program review committee composed of the following members:
DOC 302.16(1)
(1) The director shall designate a classification specialist as the chairperson of the program review committee in a correctional institution.
DOC 302.16(2)
(2) The superintendent shall designate a staff member to serve as the chairperson of the program review committee in a community correctional center.
DOC 302.16(3)
(3) The warden shall designate at least one additional staff member to serve on the committee.
DOC 302.16 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 302.17(1)
(1) Before the scheduled program review, an institution staff member, designated by the warden or superintendent, shall do all of the following:
DOC 302.17(1)(a)
(a) Investigate and document the inmate's adjustment and conduct, program or treatment assignments and other relevant factors to make a determination of progress and accomplishments.
DOC 302.17(1)(b)
(b) Make written comments to the program review committee regarding custody classification, program or treatment assignment, and institution placement, including the inmate's opinion of the appropriate security classification, program assignment or assignment to an institution.
DOC 302.17(2)
(2) Before the scheduled review, classification staff will inform the inmate of the following:
DOC 302.17(2)(c)
(c) That if the inmate disrupts the interview or refuses to attend the interview, staff shall conduct the review procedure without the inmate being present.
DOC 302.17(2)(d)
(d) The criteria for the review and the facts to be considered.
DOC 302.17(3)
(3) At the program review committee interview, staff shall inform the inmate of the following:
DOC 302.17(3)(b)
(b) The staff comments regarding custody classification, program or treatment assignments, and institution placement.
DOC 302.17(4)
(4) The inmate may present additional information and state an opinion about the custody classification, program or treatment assignment, or institution placement at the PRC interview. The inmate may present the additional information in writing if the inmate is unavailable for the PRC interview.
DOC 302.17(5)
(5) The program review chairperson may suspend the program review in order to investigate any issue affecting custody classification, institution placement and program or treatment assignment.
DOC 302.17(6)
(6) Each member of the committee shall have one vote. A recommendation for a change in custody classification, transfer, or institution placement requires a unanimous vote. If the vote is not unanimous, the classification specialist shall refer the decision to the classification section chief and the warden for a recommendation. If they are not able to agree, the classification section chief shall refer the case with comments to the director, who will make the decision. A recommendation for program or treatment assignment requires a majority vote.
DOC 302.17(7)
(7) The committee shall consider as factors in assigning custody classification those stated in
s. DOC 302.07. In addition, the criteria under
s. DOC 302.08 shall apply to the custody classification of inmates serving a life sentence. Factors other than those in
ss. DOC 302.07 and
302.08 may be considered to preserve the security and safety needs of inmates, staff, facilities or community.
DOC 302.17(8)
(8) The committee's recommendation for custody or transfer requires the director's approval.
DOC 302.17(9)
(9) If an inmate is unavailable to appear in person, the PRC may use interactive medium such as telephone conference calls, video or other electronic devices for program review.
DOC 302.17(10)
(10) The classification specialist shall give the program review decision to the inmate in writing.
DOC 302.17(11)(a)
(a) A significant change affecting custody, program or treatment assignments, or institution placement as determined by the classification specialist.
DOC 302.17(11)(d)
(d) An inmate request for PR, made to an assigned social worker, who shall deliver the request to the PRC
DOC 302.17 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 302.18
DOC 302.18
Administrative review of a classification decision. DOC 302.18(1)(1) W
ithin 10 calendar days of an inmate's receipt of a written decision concerning custody classification, institution placement, program need, or treatment need, the inmate may request a review of the decision made under
s. DOC 302.13 (2) or
302.17 (8) if the inmate believes that the decision was based on erroneous information.
DOC 302.18(3)
(3) The inmate shall submit a request for review under this section on a form approved by the department.
DOC 302.18(4)
(4) The review shall be completed by one of the following:
DOC 302.18(5)
(5) The director or administrator shall respond within a reasonable period of time, following receipt of the administrative review request.
DOC 302.18 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. r. and recr. eff. 12-31-09;
CR 10-120: r. and recr.
Register November 2010 No. 659, eff. 12-1-10.
DOC 302.19(1)(1) The director may transfer an inmate to any facility authorized by the department under either of the following circumstances:
DOC 302.19(1)(b)
(b) Temporary placement due to a clinical, medical or security emergency. PR shall be conducted according to the following:
DOC 302.19(1)(b)1.
1. Except as provided in
subd. 2., the department shall conduct a PR as provided under
s. DOC 302.17 within 10 working days following placement under
par. (b).
DOC 302.19(1)(b)2.
2. When temporary placement is made pursuant to a disciplinary infraction the department shall complete the PR no later than 10 working days following the completion of the disciplinary process under
ch. DOC 303.
DOC 302.19(2)
(2) Notwithstanding
ss. DOC 302.17 and
302.13, when the PRC screens an inmate to determine eligibility for transfer to another institution, or decides to transfer the inmate to another institution, the department shall notify the inmate of the criteria and factors upon which the decisions are based, unless the department determines that release of such information would threaten the security of the prison system.
DOC 302.19 History
History: Cr.
Register, August, 1979, No. 284, eff. 9-1-79; am. (7), renum. (9) to be (10), cr. (9),
Register, February, 1987, No. 374, eff. 3-1-87; 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 302.20(1)(1) The director, section chief or a classification specialist may record information concerning an inmate between regularly scheduled PR regarding:
DOC 302.20(2)
(2) The classification specialist shall provide the inmate a copy of the record and shall permit the inmate to provide information at the next regularly scheduled program review.
DOC 302.20 History
History: Cr.
Register, August, 1979, No. 284, eff. 9-1-79; emerg. r. and recr. (1) and (3), eff. 12-7-88; r. and recr. (1) and (3),
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 302.205
DOC 302.205
Emergency suspension of rules. The secretary may temporarily suspend the rules specified in this chapter if the warden determines that there is a disturbance or an emergency.
DOC 302.205 History
History: CR 00-140: cr.
Register January 2002 No. 553, eff. 2-1-02.
DOC 302.21(1)
(1)
Timeliness in computing dates and informing inmates. DOC 302.21(1)(a)(a) Within 10 working days after a person arrives at a correctional institution following sentencing or after an inmate returns from escape, the registrar shall compute the inmate's parole eligibility date, projected mandatory release date and projected discharge date, and shall inform the inmate in writing of these dates.
DOC 302.21(1)(b)
(b) Within a reasonable time after an inmate arrives at a correctional institution following revocation of probation, discretionary parole or mandatory release parole, the registrar shall inform the inmate in writing of the inmate's parole eligibility date, projected mandatory release date and projected discharge date.
DOC 302.21(1)(c)
(c) Within a reasonable time after the registrar becomes aware of any change in an inmate's parole eligibility date, projected mandatory release date or projected discharge date, the registrar shall inform the inmate in writing of that change. For an inmate not covered by
1983 Wis. Act 528, the projected mandatory release date may change due to loss of good time or failure to earn extra good time. For an inmate who, on or after June 1, 1984, committed the crime for which he or she was sentenced and for other inmates who chose to have
1983 Wis. Act 528 apply to them, the mandatory release date may be extended as a penalty for misconduct under
ch. DOC 303.
DOC 302.21(2)(a)(a) Except for an inmate serving a life sentence and as otherwise specified in
chs. DOC 302 to
326, an inmate who committed a crime before November 3, 1983, shall be eligible for parole when one-half of the minimum sentence for the crime for which the person was convicted less all credit to which the inmate is entitled pursuant to s.
973.155, Stats., has been served. An inmate who committed a crime on or after November 3, 1983, shall be eligible for parole when 25% of the sentence imposed, or 6 months, whichever is greater, less all credit to which the inmate is entitled pursuant to s.
973.155, Stats., has been served. However, in no case may any inmate be eligible for parole before 60 days has elapsed from the date of the inmate's arrival at the institution. If an inmate was sentenced for more than one crime, he or she shall be eligible for parole on each sentence in order to be considered for parole. If an inmate has received a consecutive sentence, the inmate may not begin serving the consecutive sentence for purposes of parole eligibility until the person has become eligible for parole on the first sentence.
DOC 302.21(2)(b)1.1. An inmate serving a life sentence who is not covered by
1983 Wis. Act 528 is eligible for parole after serving 11 years and 3 months, a period which may be extended for misconduct by forfeiture of good time under
ch. DOC 303.
DOC 302.21(2)(b)2.
2. An inmate serving a life sentence who is covered by
1983 Wis. Act 528 is eligible for parole after serving 13 years and 4 months, a period which may be extended for misconduct under
ch. DOC 303.
DOC 302.21(3)
(3) Determination of projected mandatory release date. DOC 302.21(3)(a)1.
1. The projected mandatory release date is the date on which the inmate is to be released from the institution, if not granted parole earlier, and provided that the inmate earns all the statutory and extra good time for which he or she is eligible unless good time is waived or forfeited in accordance with this chapter and
ch. DOC 303;
DOC 302.21(3)(a)2.
2. The projected mandatory release date shall be the maximum term to which the inmate was sentenced, reduced by any sentence credit granted pursuant to s.
973.155, Stats., and by the statutory and extra good time the inmate may earn during the sentence. Statutory good time shall be credited from the beginning date of the inmate's sentence. Extra good time shall be credited beginning on the date following the inmate's date of arrival at the institution;
DOC 302.21(3)(a)3.
3. The registrar, in determining the projected mandatory release date of an inmate who is serving consecutive sentences for crimes which occurred before the person was committed under any of the sentences, shall treat the sentences as one continuous sentence for the purposes of good time credit; and
DOC 302.21(3)(a)4.
4. The registrar, in determining the projected mandatory release date of an inmate who is serving a consecutive sentence for a crime which was committed while the person was serving another sentence or on parole, shall treat the second sentence as a separate sentence. Accordingly, statutory good time shall be computed on the second sentence as if it were a first sentence.
DOC 302.21(3)(b)1.
1. The projected mandatory release date is the date on which the inmate is to be released from the institution, if not granted parole earlier, unless that date is extended pursuant to
s. DOC 303.84 for violation of a disciplinary rule or the resident waives entitlement to mandatory release in accordance with this chapter;
DOC 302.21(3)(b)2.
2. The projected mandatory release date shall be two-thirds the maximum term to which the inmate was sentenced, reduced by any sentence credit granted pursuant to s.
973.155, Stats. Inmates whose crimes were committed before June 1, 1984, but who chose to have
1983 Wis. Act 528 apply to them shall have their mandatory release dates extended by prior forfeitures of statutory and extra good time for misconduct in the institution or on parole. Inmates covered by
1983 Wis. Act 528 do not earn statutory or extra good time; and
DOC 302.21(3)(b)3.
3. The registrar, in determining the projected mandatory release date of an inmate who is serving consecutive sentences, shall treat all consecutive sentences, no matter when the crimes were committed, as one continuous sentence.
