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 History
History: Cr.
Register, March 1994, No. 459, eff. 4-1-94.
DOC 313.025
DOC 313.025
Establishment 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 313.03
Documentation. 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 313.04
Authority 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(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)(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)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(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(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(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(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(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 313.08
Work 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 (11), or in possession of an intoxicating substance or drug paraphernalia or device as defined in
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.
DOC 313.09(1)(1)
Chapter DOC 303 applies to all employees of the prison industries. Prison industries staff shall prepare an incident report for a violation of
ch. DOC 303 and forward the incident report to appropriate staff at the prison where the employee is confined.
DOC 313.09(2)
(2) Prison industries may impose discipline for any violation of a work rule as set forth in
s. DOC 313.08 which occurs on or off the job, whether or not the violation constitutes a violation of
ch. DOC 303.
DOC 313.09(3)
(3) A prison industries supervisor may discipline an employee for violations of work rules in accordance with the following progressive discipline procedure:
DOC 313.09(3)(a)
(a) The minimum response to a first violation shall be a verbal warning with a notation in the employee's file.
DOC 313.09(3)(b)
(b) The minimum response to a second violation shall be a written reprimand.
DOC 313.09(3)(c)
(c) The minimum response to a third violation shall be a 3 day suspension without pay.
DOC 313.09(4)
(4) Prison industries supervisors may terminate an employee's employment for a violation of a work rule as provided in
s. DOC 313.10.
DOC 313.09(5)
(5) This disciplinary procedure applies only to employees who have completed their probationary period. Employees on probation may be terminated at the discretion of the supervisor.
DOC 313.09(6)
(6) An employee may appeal a discipline or termination decision made under this section through the inmate complaint review system under
ch. DOC 310.
DOC 313.09(7)
(7) After 12 consecutive months without a violation, an employee's record may be expunged of a violation for which discipline of less than time-off was assigned.
DOC 313.09 History
History: Cr.
Register, March, 1994, eff. 4-1-94.
DOC 313.10(1)(1) Prison industries has the authority to terminate an employee's employment. The types of termination are as follows;
DOC 313.10(1)(a)
(a) Voluntary. An employee may voluntarily terminate employment with prison industries at any time. The employee shall complete the scheduled work shift in process at the time of the employee's request for termination or be subject to disciplinary action.
DOC 313.10(1)(b)
(b) During the probationary period. A supervisor may terminate an employee's employment during probation because of performance, conduct or for any other reason deemed appropriate by the supervisor.
DOC 313.10(1)(c)
(c) Rule violations. A supervisor may terminate an inmate's employment for work rule violations under
s. DOC 313.08.
DOC 313.10(1)(d)
(d) Substandard performance. An employee may be terminated for substandard performance if, after 2 counseling sessions conducted by the supervisor or designee for the same or different problems, the employee's performance has not improved to meet standards.
DOC 313.10(1)(f)
(f) Unable to work. An employee who is certified as physically unable to work as determined by a physician, physician assistant or registered nurse employed by the department or is certified as mentally unable to work by a psychiatrist or licensed psychologist employed by the department may be terminated if the disability period exceeds 90 days.
DOC 313.10(1)(g)
(g) Transfer. An employee shall be terminated upon transfer to another institution. If a prison industries facility is operating at the new institution, the inmate may be given priority consideration for rehiring under
s. DOC 313.13.
DOC 313.10(1)(h)
(h) Release. An employee shall be terminated upon parole, discharge or placement in intensive sanctions.
DOC 313.10(2)
(2) Whenever an employee is terminated, the supervisor shall prepare a written decision, with copies to the inmate, the social services file, and the employee's personnel file. This written decision shall include, but is not limited to, the following information:
