DOC 313.08   Work rules.
DOC 313.09   Discipline.
DOC 313.10   Termination.
DOC 313.11   Compensation.
DOC 313.12   Work day.
DOC 313.13   Placement priority upon transfer.
DOC 313.14   Employee suggestions.
DOC 313.15   Employee labor unions.
DOC 313.16   Affirmative action.
DOC 313.17   Total shop shutdown and layoff.
DOC 313.18   Private sector/prison industry enhancement certification programs.
Ch. DOC 313 Note Note: Chapter HSS 313 was renumbered chapter DOC 313 and revised under s. 13.93 (2m) (b) 1., 2., 6. and 7., Stats., Register, April, 1990, No. 412; Chapter DOC 313 as it existed on March 31, 1994 was repealed and new chapter DOC 313 was created effective April 1, 1994.
DOC 313.01 DOC 313.01Purpose. The purposes of prison industries are to provide meaningful employment opportunities, to assist inmates in reintegration into their communities and to maintain self-supporting industries through the sale of products and services. The following goals have been established to promote the achievement of these purposes:
DOC 313.01(1) (1) To provide the inmate with work skills, habits and training necessary to compete in the job market, thereby increasing the potential for a successful return to society;
DOC 313.01(2) (2) To be self-supporting to the degree possible, while maintaining inmate wages based on productivity;
DOC 313.01(3) (3) To utilize production methods and business practices consistent with those used by private industry;
DOC 313.01(4) (4) To develop, produce and market products and services of benefit to customers at a competitive price; and
DOC 313.01(5) (5) To provide products and services which do not unfairly compete with Wisconsin-based manufacturers and service providers.
DOC 313.01 History History: Cr. Register, March, 1994, No. 459, eff. 4-1-94.
DOC 313.02 DOC 313.02Authority and definitions.
DOC 313.02(1) (1) This chapter is created under the authority of s. 227.11 (2) (a), Stats., and implements ss. 302.09, 303.01, 303.03, and 303.06, Stats.
DOC 313.02(2) (2) In this chapter:
DOC 313.02(2)(a) (a) “Department" means the department of corrections.
DOC 313.02(2)(b) (b) “Employee" means an inmate who works for and is compensated by the prison industries program. An inmate employee is not an employee of the State.
DOC 313.02(2)(c) (c) “Program review committee" or “PRC" means the committee established in s. DOC 302.18.
DOC 313.02(3) (3) The definitions in chs. DOC 303 and 310 apply to this chapter.
DOC 313.02 History History: Cr. Register, March 1994, No. 459, eff. 4-1-94.
DOC 313.025 DOC 313.025Establishment of a prison industry.
DOC 313.025(1)(1) For purposes of s. 303.01 (1) (c), Stats., and this chapter, an established “prison industry" means the production by prison inmates of a product or service or a family of related products or services used for similar purposes. The material or method used to produce the product or service does not define a prison industry.
DOC 313.025(2) (2) A prison industry established under s. 303.01, Stats., may be located at, or moved or expanded to, one or more prisons or other locations owned by the department and may acquire new or additional customers.
DOC 313.025(3) (3) An increase of the number of inmate employees in an established prison industry by 200 or more full time equivalent positions in a biennium is subject to s. 303.01 (1) (c), Stats.
DOC 313.025 History History: Cr. Register, September, 1997, No. 501, eff. 10-1-97.
DOC 313.03 DOC 313.03Documentation. Prison industries shall document in writing its operations including but not limited to job positions, titles and descriptions, pay scales, probationary term, work hours, work rules and policies. These documents shall be available to inmates and the public and shall be updated to reflect any change.
DOC 313.03 History History: Cr. Register, March 1994, No. 459, eff. 4-1-94.
DOC 313.04 DOC 313.04Authority of PRC. The PRC has authority over an inmate's program assignment under ch. DOC 302 and approval must be obtained from the PRC before industries may hire an inmate. PRC approval is not required to terminate an employee.
DOC 313.04 History History: Cr. Register, March, 1994, No. 459, eff. 4-1-94.
DOC 313.05 DOC 313.05Application and approval.
DOC 313.05(1) (1) Any inmate, if first determined eligible by a prison industries supervisor, may apply for a position in prison industries. The application may include the inmate's preferences for positions.
DOC 313.05(2) (2) The shop supervisor or designee, shall:
DOC 313.05(2)(a) (a) Interview applicants for specific positions under the shop supervisor's supervision. If an opening occurs, the shop supervisor may select any inmate applicant for the position and recommend that the PRC approve the inmate for the program assignment. The selection shall be consistent with current education requirements, employment opportunities, and affirmative action policies.
DOC 313.05(2)(b) (b) The following criteria shall be used in the selection of employees:
DOC 313.05(2)(b)1. 1. Education requirements;
DOC 313.05(2)(b)2. 2. Attitude and willingness to learn;
DOC 313.05(2)(b)3. 3. Experience and training;
DOC 313.05(2)(b)4. 4. Physical or mental ability or limitation, if relevant to the position, as permitted by the Americans with Disabilities Act of 1990, 42 USC 12101;
DOC 313.05(2)(b)5. 5. Past employment record with prison industries or other institution work experience; and
DOC 313.05(2)(b)6. 6. Documented security concerns.
DOC 313.05(3) (3) The PRC, using the procedure and criteria of ch. DOC 302, shall make the decision to approve or deny the program assignment.
DOC 313.05 History History: Cr. Register, March, 1994, No. 459, eff. 4-1-94.
DOC 313.06 DOC 313.06Probationary period.
DOC 313.06(1) (1) Every inmate hired for a new position by prison industries shall serve a probationary period during which the inmate's employment may be terminated by the inmate or the supervisor under s. DOC 313.10 (1) (a) or (b). If terminated by the supervisor, an inmate may appeal through the inmate complaint review system under ch. DOC 310.
DOC 313.06(2) (2) Employees shall not receive incentive pay or the benefits covered under ss. DOC 313.11 (5) and (6) and 313.17 during their original probationary period.
DOC 313.06(3) (3) The duration of the probationary period for any position shall be established by management so as to provide adequate time for the average employee to learn the duties of the position.
DOC 313.06(4) (4) The supervisor may extend the probation for a period not to exceed 30 days, if the employee has not demonstrated satisfactory performance but can reasonably be expected to within the additional 30 days.
DOC 313.06 History History: Cr. Register, March, 1994, No. 459, eff. 4-1-94.
DOC 313.07 DOC 313.07Performance evaluation.
DOC 313.07(1) (1) Each employee's performance shall be evaluated as often as required to provide adequate training during the probationary period and to assure the employee is meeting performance and productivity expectations after the probationary period. The evaluation shall be written and shall include the specific skills and expectations of the position based upon the criteria of sub. (2).
DOC 313.07(2) (2) The criteria to be used in evaluating employees include, but are not limited to, the following:
DOC 313.07(2)(a) (a) Quality of performance of assigned duties;
DOC 313.07(2)(b) (b) Productivity level;
DOC 313.07(2)(c) (c) Initiative;
DOC 313.07(2)(d) (d) Attitude;
DOC 313.07(2)(e) (e) Contributions beyond usual job duties; and
DOC 313.07(2)(f) (f) Improvement in the criteria listed in this subsection.
DOC 313.07(3) (3) The shop supervisor or designee shall meet with the employee as part of the evaluation process to discuss the employee's performance.
DOC 313.07(4) (4) An evaluation shall be completed prior to any pay rate change and upon termination, regardless of cause.
DOC 313.07(5) (5) After successful completion of probation, if an employee's evaluation indicates performance below expectations, a counseling session shall be held with the employee during which the supervisor shall explain the performance problem and the supervisor and the employee shall attempt to find a solution to the performance problem. A counseling report documenting the results of the counseling session shall be prepared.
DOC 313.07(6) (6) Copies of the employee evaluation report and counseling report shall be distributed to the employee, the supervisor, the social services staff, and the employee's personnel file.
DOC 313.07(7) (7) A recommendation concerning extra good time for those inmates to whom 1983 Wis. Act 528 does not apply shall be included in the evaluation. The criteria for an extra good time recommendation shall be those under s. DOC 302.31 (4) to (6).
DOC 313.07 History History: Cr. Register, March, 1994, eff. 4-1-94.
DOC 313.08 DOC 313.08Work rules. The following conduct is a violation of a work rule:
DOC 313.08(1) (1) Disobedience, insubordination or refusal to carry out written or oral instructions, directions or assignments.
DOC 313.08(2) (2) Abusing, striking or deliberately causing mental anguish or injury to others.
DOC 313.08(3) (3) Unauthorized use, abuse, destruction or removal from the work site of state-owned or leased property including, but not limited to keys, shop or business equipment, products or materials.
DOC 313.08(4) (4) Unauthorized use of state provided or leased services including, but not limited to telephone or mail services.
DOC 313.08(5) (5) Inattentiveness or negligence in the performance of job duties and responsibilities.
DOC 313.08(6) (6) Violation of any health or safety procedure or instruction including, but not limited to shop or machine procedures.
DOC 313.08(7) (7) Failure to provide accurate and complete information when required by supervisory personnel, including, but not limited to application data, production information, time cards and reports.
DOC 313.08(8) (8) Unauthorized disclosure of proprietary information including, but not limited to design, engineering and business documents.
DOC 313.08(9) (9) Possession of weapons or the manufacture or alteration of material with the intent of making the material suitable for use as a weapon.
DOC 313.08(10) (10) Reporting for work or while at work manifesting any evidence of having used or being under the influence of an intoxicating substance, as defined in s. DOC 303.02 (23), or in possession of intoxicants under s. DOC 303.43 or intoxicant paraphernalia under s. DOC 303.44.
DOC 313.08(11) (11) Disorderly conduct including, but not limited to the use of loud, profane or abusive language, horseplay and gambling.
DOC 313.08(12) (12) Unauthorized solicitation for any purpose while on duty or on prison industries property.
DOC 313.08(13) (13) Unauthorized posting, changing or removal of posted material or unauthorized distribution of written material.
DOC 313.08(14) (14) Entering or permitting others to enter restricted areas without authorization or failing to comply with posted instructions.
DOC 313.08(15) (15) Tardiness, excessive absenteeism or abuse of sick leave privileges.
DOC 313.08 History History: Cr. Register, March, 1994, eff. 4-1-94; CR 11-022: am. (10) Register September 2014 No. 705, eff. 1-1-15.
DOC 313.09 DOC 313.09Discipline.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.