Chapter DOC 309

DOC 309.48(4) (4) Who approves or disapproves requests;

DOC 309.48(5) (5) Notice that the inmate may appeal to the superintendent any decision not made by the superintendent;

DOC 309.48(6) (6) Notice that all decisions shall be in writing, shall state the underlying facts and shall be based on reasons consistent with s. DOC 309.45;

DOC 309.48(7) (7) Time limits for decisions; and

DOC 309.48(8) (8) Notice to the inmate that, if the recipient of funds is receiving government aid, the recipient may have a duty to report receipt of the inmate’s funds.

DOC 309.48 History History: Cr. Register, October, 1981, No. 310, eff. 11-1-81; EmR0920: emerg. am. (title), eff. 9-10-09; CR 09-075: am. (title) Register March 2010 No. 651, eff. 4-1-10.

DOC 309.49 DOC 309.49 Disbursement of inmate account funds.

DOC 309.49(1) (1) General account funds, in excess of the amount specified for canteen, under s. DOC 309.52 (1) (b), shall be disbursed by the institution business manager under sub. (3). All disbursements shall be consistent with the purposes under s. DOC 309.45.

DOC 309.49(2) (2) Inmates may request to have general account funds disbursed for any reason. The procedure for processing inmate requests is required to be written under s. DOC 309.48.

DOC 309.49(3) (3) Requests for disbursement in excess of $25 to more than one close family member and to other persons under sub. (4) (a) may be made only with written permission of the superintendent or designee. All other disbursements are approved or disapproved by the person designated by the institution under s. DOC 309.48 (4).

DOC 309.49(4) (4) The objectives of s. DOC 309.45 may be fulfilled by disbursements of general account funds in excess of the canteen limit including, but not limited to, the following:

DOC 309.49(4)(a) (a) To any source not including sources under par. (b), (c), (d), or (f) only with written permission from the superintendent under sub. (3).

DOC 309.49(4)(b) (b) Twenty-five dollars or less to the inmate’s one close family member once every 30 days. Such disbursements do not require approval by the superintendent.

DOC 309.49(4)(c) (c) To deposit in an interest bearing account established in the inmate’s name at a bank designated by the department. All interest shall accrue to the inmate. Such disbursements do not require approval by the superintendent.

DOC 309.49(4)(d) (d) To purchase United States savings bonds. Bonds purchased for others are subject to the limitations under par. (b). Bonds purchased shall be retained by the institution business manager until redeemed or until the inmate’s release. Any redemption money shall be returned to the general account. Such disbursements do not require approval by the superintendent.

DOC 309.49(4)(e) (e) To pay creditors’ claims acknowledged in writing by the inmate and claims reduced to judgment. Such disbursements require approval by the superintendent. If necessary, the claims may be verified.

DOC 309.49(4)(f) (f) To pay costs of temporary release under ch. DOC 325 and leave for qualified inmates under ch. DOC 326. Such disbursements do not require approval by the superintendent.

DOC 309.49(4m) (4m) An inmate may request that the institution business office disburse release account funds. The institution business office shall disburse release account funds only for reasons consistent with the purposes under s. DOC 309.466 or subject to a lawful court order.

DOC 309.49(5) (5) Before releasing an inmate to field supervision, the releasing institution shall inform the parole agent of the balances in the inmate’s general account, release account under s. DOC 309.466 and segregated account, if any, under s. DOC 309.50. The agent shall instruct the institution business manager as to where these balances shall be transferred. Following release, the former inmate may use funds formerly held in his or her institution accounts only with the approval of the agent. When the client is discharged from field supervision, any remaining funds from these accounts shall be paid to the client.

DOC 309.49(6) (6) Inmates may not open charge accounts or possess charge cards.

DOC 309.49 History History: Cr. Register, October, 1981, No. 310, eff. 11-1-81; emerg. r. (5), eff. 5-15-86; r. and recr. (5), September, 1986, No. 369, eff. 10-1-86; EmR0920: emerg. am. (title), cr. (4m), eff. 9-10-09; CR 09-075: am. (title), cr. (4m) Register March 2010 No. 651, eff. 4-1-10.

DOC 309.495 DOC 309.495 Transportation for inmates upon release. The department shall arrange for the transportation of an inmate released from an institution to the inmate’s release placement location in the state, or shall give the inmate the means to procure transportation to that location.

DOC 309.495 History History: Emerg. cr. eff. 5-15-86; cr. Register, September, 1986, No. 369, eff. 10-1-86.

DOC 309.50 DOC 309.50 Segregated account funds.

DOC 309.50(1) (1) Funds received for inmates on work or study release shall be credited to a segregated account.

DOC 309.50(2) (2) Collection and disbursement of funds received under sub. (1) shall be governed under ch. DOC 324.

DOC 309.50(3) (3) Funds received by inmates for enrollment in programs within the institution and funded by the institution shall be placed in a segregated account. Inmates shall be required to pay the costs of tuition and books from these funds. If an inmate refuses to do so, it may be grounds for removal from a program.

DOC 309.50 History History: Cr. Register, October, 1981, No. 310, eff. 11-1-81.

DOC 309.51 DOC 309.51 Funds for legal correspondence and copying.

DOC 309.51(1) (1) Correspondence to courts, attorneys, parties in litigation, the inmate complaint review system under ch. DOC 310 or the parole board may not be denied due to lack of funds, except as limited in this subsection. Inmates without sufficient funds in their general account to pay for paper, photocopy work, or postage may receive a loan from the institution where they reside. No inmate may receive more than $200 annually under this subsection, except that any amount of the debt the inmate repays during the year may be advanced to the inmate again without counting against the $200 loan limit. The $200 loan limit may be exceeded with the superintendent’s approval if the inmate demonstrates an extraordinary need, such as a court order requiring submission of specified documents. The institution shall charge any amount advanced under this subsection to the inmate’s general account for future repayment. An inmate may be permitted to retain in the inmate’s general account an amount of money specified, in writing, by the bureau of adult institutions that is not subject to repayment of the loan.

DOC 309.51(2) (2) The costs to inmates of engaging in correspondence described in sub. (1) may not exceed the following:

DOC 309.51(2)(a) (a) Fifteen cents per page of photocopy; and

DOC 309.51(2)(b) (b) Two cents per sheet of paper.

DOC 309.51 History History: Cr. Register, October, 1981, No. 310, eff. 11-1-81; am. (1), r. and recr. (2), Register, December, 1989, No. 408, eff. 1-1-90.

DOC 309.52 DOC 309.52 Canteen.

DOC 309.52(1) (1) 

DOC 309.52(1)(a) (a) Each institution shall maintain a canteen accessible directly or indirectly to inmates to facilitate purchase of property approved under s. DOC 309.20. Institution staff may consult with the inmate population in selecting canteen stock.

DOC 309.52(1)(b) (b) The division of adult institutions shall establish, in writing, a maximum allowable amount of money that may be spent during a specified period of time. The division should adjust this amount periodically to reflect the impact of inflation on purchasing power.

DOC 309.52(1)(c) (c) A current list of approved and available merchandise, giving the price of each item, shall be conspicuously posted at each canteen. Copies shall be made available to inmates who do not have direct access to the canteen.

DOC 309.52(1)(d) (d) Institutions shall permit inmates to purchase approved personal property not carried in the canteen. The procedures to be followed shall be written and available to inmates. The procedures shall permit purchases from a sufficient number of enterprises to ensure a reasonable selection and a competitive price.

DOC 309.52(2) (2) Each institution canteen shall maintain an identification and bookkeeping system for withdrawal of funds from the inmate’s general account for purchases made through the canteen. No canteen shall use money as a means of exchange.

DOC 309.52 History History: Cr. Register, October, 1981, No. 310, eff. 11-1-81; correction in (1) (a) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1998, No. 513.

DOC 309.55 DOC 309.55 Compensation.

DOC 309.55(1) (1) Purposes and applicability.

DOC 309.55(1)(a) (a) Except as provided under sub. (7), this section shall govern compensation for inmates participating in approved work and program assignments while confined in a correctional institution. This section does not apply to corrections industries or the prison farms. Inmates participating in work and program assignments are not employees of the state.

DOC 309.55(1)(b) (b) The purposes of this section are:

DOC 309.55(1)(b)1. 1. To provide uniform and fair compensation standards to encourage and reinforce positive inmate behavior;

DOC 309.55(1)(b)2. 2. To enable inmates to make purchases from the canteen and accumulate funds to assist them upon their release;

DOC 309.55(1)(b)3. 3. To encourage inmates to complete their assignments successfully;

DOC 309.55(1)(b)4. 4. To promote institutional order by providing inmates with an incentive for good behavior; and

DOC 309.55(1)(b)5. 5. To encourage inmates to develop skills that will be useful in helping them to become reintegrated into the community upon release.

DOC 309.55(2) (2) Definitions. In this subsection:

DOC 309.55(2)(a) (a) “Full performance level” means the maximum level of performance expected on a work assignment or program assignment other than school or vocational training in terms of skills exhibited, output achieved, responsibility, diligence and effort shown, and level of supervision required.

DOC 309.55(2)(b) (b) “Program assignment” means a placement in a school, vocational training or other program to which the inmate has been assigned by a program review committee in accordance with ch. DOC 302.

DOC 309.55(2)(c) (c) “Range” means the ranking established by an institution for a work assignment or for a program assignment other than school or vocational training, based on the skill and responsibility required for the assignment.

DOC 309.55(3) (3) Eligibility. Except as provided under sub. (7), only inmates participating in approved work and program assignments while confined in a correctional institution shall be compensated.

DOC 309.55(4) (4) Exceptions. No compensation may be paid under this section to an inmate who:

DOC 309.55(4)(a) (a) Participates in a work release program approved under ch. DOC 324, unless the inmate participates in a work or program assignment in a correctional institution in addition to the work release program;

DOC 309.55(4)(b) (b) Participates in a work or program assignment while assigned to the assessment and evaluation program at Dodge correctional institution;

DOC 309.55(4)(c) (c) Refuses any work or program assignment;

DOC 309.55(4)(d) (d) Is voluntarily unassigned; or

DOC 309.55(4)(e) (e) Is placed in one of the following segregated statuses:

DOC 309.55(4)(e)1. 1. Voluntary confinement under s. DOC 306.05, unless the inmate requested placement in this status upon the recommendation or approval of the security director for the purpose of ensuring the inmate’s personal safety and the inmate was receiving pay immediately prior to placement in voluntary confinement;

DOC 309.55(4)(e)2. 2. Administrative confinement under ch. DOC 308, if the inmate was not receiving pay immediately prior to that placement and is not participating in an approved work or program assignment while in administrative confinement;

DOC 309.55(4)(e)3. 3. Observation under ch. DOC 311, if the inmate was not receiving pay immediately prior to that placement and is not participating in an approved work or program assignment while in observation status;

DOC 309.55(4)(e)4. 4. Disciplinary separation under s. DOC 303.73.

DOC 309.55(4)(e)5. 5. Controlled separation under s. DOC 303.74.

DOC 309.55(5) (5) Work assignment pay plan.

DOC 309.55(5)(a) (a) Each institution shall rank its work assignments on a scale of one to 5 based on the level of skill and responsibility required by each assignment. Range 5 shall include work assignments requiring the most skill and responsibility and range one shall include work assignments requiring the least. The department shall ensure that the ranking of comparable work assignments within an institution is consistent. The range of the work assignment shall determine the pay rate for the full performance level of the work assignment.

DOC 309.55(5)(b) (b) The number of work assignments an institution may have in each range may vary to meet institutional needs, but an institution may not exceed the total allocation of work assignment funds made available to it on the basis of the percentages in Table 309.55.

- See PDF for table

DOC 309.55(5)(c) (c) Compensation for inmates in work assignments shall be computed on an hourly basis. The department shall determine an hourly pay rate for the full performance level of each range. The hourly pay rate for work assignments requiring more skill and greater responsibility shall be higher than the hourly pay rate for work assignments requiring less skill and responsibility.

DOC 309.55(5)(d) (d) The department shall set hourly pay rates for weekend and legal holiday work which are higher than the full performance level pay rates determined under par. (c).

DOC 309.55(5)(e) (e) Institutions may vary compensation rates for inmates working in comparable work assignments at less than the full performance level based on individual work performance. If an inmate is compensated at less than the full performance level pay rate under this paragraph, the inmate’s supervisor shall evaluate the inmate’s performance in writing at least once a month until the inmate is paid at the full performance level pay rate. The criteria to be used in evaluating the inmate’s work performance include, but are not limited to, the following:

DOC 309.55(5)(e)1. 1. Attitude toward fellow employees and staff;

DOC 309.55(5)(e)2. 2. Initiative and ability to perform assignments with minimal supervision;

DOC 309.55(5)(e)3. 3. Punctuality and attendance;

DOC 309.55(5)(e)4. 4. Quality of performance of assigned duties;

DOC 309.55(5)(e)5. 5. Diligence in applying one’s self to an assignment and willingness to acquire and apply job skills;

DOC 309.55(5)(e)6. 6. Conduct as it relates to the job assignment; and

DOC 309.55(5)(e)7. 7. Improvement.

DOC 309.55(5)(f) (f) Each institution may establish a probationary period, not to exceed 6 months, during which an inmate may be compensated at a lower rate of pay than the full performance rate for the work assignment. The pay rate may not be lower than the pay rate 2 ranges below the full performance level of the work assignment.

DOC 309.55(5)(g) (g) In exceptional circumstances, such as an inmate demonstrating a substantial improvement in effort shown or output achieved, the superintendent, upon the recommendation of the inmate’s supervisor, may compensate an inmate working above the full performance level at a higher pay rate than the full performance rate for the work assignment.

DOC 309.55(6) (6) Program assignment pay plan.

DOC 309.55(6)(a) (a) The department shall establish a single uniform pay rate higher than the pay rate for range one of work assignments for all inmates whose primary program assignment is to a school or vocational training program and who are adequately performing their school or vocational training assignments. An inmate’s supervisor shall periodically evaluate the performance of an inmate participating in a school or vocational training assignment. Criteria to be used in evaluating program performance include, but are not limited to, skills exhibited, output achieved, responsibility, diligence and effort shown, and level of supervision required. To the extent necessary because of the unique requirements of a school or vocational training assignment, the supervisor shall establish additional reasonable criteria consistent with the necessary skills and responsibilities of that assignment. An inmate who does not meet the established performance criteria for an adequate performance level shall be compensated using the pay rate for a range one work assignment.

DOC 309.55(6)(b) (b) Each institution shall rank and establish pay rates for the full performance level of program assignments other than school or vocational training. The department shall ensure that the ranking within an institution of comparable program assignments other than school or vocational training is consistent. An inmate’s supervisor shall periodically evaluate the performance of an inmate participating in a program assignment. Institutions may vary compensation rates based on individual performance evaluations for inmates working at less than the full performance level in comparable program assignments other than school or vocational training.

DOC 309.55(6)(c) (c) Each institution may establish a probationary period, not to exceed 6 months, during which an inmate may be compensated at a lower pay rate than the pay rate established for adequate performance of the school or vocational training assignment or full performance of the program assignment that is not school or vocational training. The probationary period pay rate may not be lower than 2 ranges below the adequate performance level of the school or vocational training assignment or the full performance level of the program assignment that is not school or vocational training.

DOC 309.55(6)(d) (d) Compensation for inmates in program assignments shall be determined on a daily basis. For purposes of determining daily pay for inmates in program assignments:

DOC 309.55(6)(d)1. 1. Full-time vocational training and school programs are equivalent to 7 hours a day;