DOC 324.10 History History: Cr. Register, September, 1981, No. 309, eff. 10-1-81; am. Register February, 1987, No. 374, eff. 3-1-87; am. (1), r. (2) and (3) (d), renum. (3) (intro.), (a) to (c) to be (2) (intro.) (a) to (c), (4) to be (3) and am., Register, September, 1997, No. 501, eff. 10-1-97.
DOC 324.11 DOC 324.11 Custody. Inmates placed in work or study release remain in the legal custody of the department.
DOC 324.11 Note Note: Since inmates are in the custody of the department at all times, a failure to report to or return from the placement site is an escape under s. 946.42 (3), Stats.
DOC 324.11 History History: Cr. Register, September, 1981, No. 309, eff. 10-1-81; am., Register, September, 1997, No. 501, eff. 10-1-97.
DOC 324.12 DOC 324.12 Inmate conduct on work and study release.
DOC 324.12(1)(1) The following provisions apply to inmate conduct on work and study release and shall be included as part of the work release and study release agreements:
DOC 324.12(1)(a) (a) Inmates shall not leave the immediate confines of the placement site or the assigned designated area.
DOC 324.12(1)(b) (b) Inmates shall not possess weapons or possess or use any form of alcohol, marijuana, narcotics, or drugs except as authorized and directed by a physician.
DOC 324.12(1)(c) (c) Inmates shall abide by all the rules of the employer or the educational or training facility to which they are assigned.
DOC 324.12(1)(d) (d) Inmates shall not send or receive personal letters or property and shall not make or receive personal telephone calls at the placement site unless authorized by the warden or superintendent. Personal visits are not permitted at the placement site.
DOC 324.12(1)(e) (e) Inmates shall not enter into contracts or agreements without prior approval by the warden or superintendent. Prohibited contracts include but are not limited to: purchases of property, time payments, and marriage.
DOC 324.12(1)(f) (f) The inmate may not remove any tools, equipment, or shop-built items from the state correctional facility or bring any such item into the state correctional facility without the prior approval of the warden or superintendent.
DOC 324.12(1)(g) (g) Money shall be considered contraband unless authorized in advance by the warden or superintendent for incidental expenses.
DOC 324.12(1)(h) (h) Inmates shall use only the transportation authorized under s. DOC 324.10.
DOC 324.12(1)(i) (i) Inmates shall abide by these administrative rules, the specific policies and procedures of the institution to which they are assigned.
DOC 324.12(1)(j) (j) Failure to report or return from a work or study placement may be referred for prosecution as an escape under s. 946.42 (3), Stats., and may be administratively charged with an escape under s. DOC 303.26.
DOC 324.12 Note Note: Par. (j) is shown as amended by CR 11-022 eff. 1-1-15. Prior to 1-1-15 it reads:
DOC 324.12 Note (j) Failure to report or return from a work or study placement may be referred for prosecution as an escape under s. 946.42 (3), Stats., and may be administratively charged with an escape under s. DOC 303.22.
DOC 324.12(1)(k) (k) An inmate may not remain on work or study release if a medical or psychological problem of the inmate would go untreated.
DOC 324.12(2) (2) The following additional requirements apply only to study release and shall be included in the study release agreement:
DOC 324.12(2)(a) (a) Inmates shall attend all regularly scheduled classes even if the instructor does not require attendance. The warden or superintendent must approve all schedules and schedule changes.
DOC 324.12(2)(b) (b) Inmates shall maintain passing grades in all courses and a cumulative 2 point (2.0) grade point average (C average) or better on a 4 point (4.0) scale. Incompletes may result in termination.
DOC 324.12(2)(c) (c) Unless approved in advance by the warden or superintendent, inmates may not enroll in or attend evening courses, courses requiring attendance at events away from the placement site, theater activities, field trips, athletic functions, or social events.
DOC 324.12(2)(d) (d) Unless approved in advance by the warden or superintendent, the inmate shall not sign up for additional projects that require fees or the purchase of additional books and materials.
DOC 324.12(2)(e) (e) Books and nonexpendable items shall be used appropriately and not sold or exchanged during placement without approval.
DOC 324.12(3) (3) Violation of this section may result in termination of work or study release under s. DOC 324.13.
DOC 324.12 History History: Cr. Register, September, 1981, No. 309, eff. 10-1-81; am. (1) (f), (h), (j) and (2) (c), Register, February, 1987, No. 374, eff. 3-1-87; am. (1) (b), (d) to (g), (i) and (j), (2) (a) to (d), Register, September, 1997, No. 501, eff. 10-1-97; CR 11-022: am. (1) (j) Register September 2014 No. 705, eff.1-1-15.
DOC 324.13 DOC 324.13 Process for termination of work and study release. The procedure for termination of an inmate's work release or study release program is as follows:
DOC 324.13(1) (1) A termination at the inmate's request is subject to the approval of the warden or superintendent.
DOC 324.13(2) (2) A termination due to withdrawal of consent to the placement by a person outside of the department whose consent is prerequisite of the placement shall occur upon receipt of oral or written notification by an appropriate authority that the authority no longer consents to the placement. If the notification is given orally, the staff member receiving the oral notification shall document the information and forward it to the warden or superintendent.
DOC 324.13(3) (3) If the placement is terminated as a result of any of the violations listed below by the inmate, the inmate shall be afforded a hearing for the purpose of determining whether the alleged violation occurred. A termination by the department may occur after determining that the inmate has committed any of the following:
DOC 324.13(3)(a) (a) Violation of a statute.
DOC 324.13(3)(b) (b) Violation of the rules of the placement site.
DOC 324.13(3)(c) (c) Violation of the administrative rules of the department.
DOC 324.13(3)(d) (d) Violation of the work or study release agreement.
DOC 324.13(3)(e) (e) Violation of any special conditions imposed on the placement.
DOC 324.13(4) (4) The warden or superintendent shall conduct a preliminary review and may take any action with reference to the inmate considered necessary for protection of the public consistent with administrative rules, including temporary removal or suspension from the placement pending the hearing.
DOC 324.13(5) (5) When an inmate's work or study release privileges have been suspended the department has no liability for loss of wages or consequences of missed classes.
DOC 324.13(6) (6) A hearing shall be conducted in accordance with the procedures under ss. DOC 303.78 and 303.80, modified as follows:
DOC 324.13(6)(a) (a) In accordance with s. DOC 303.84, with the permission of the hearing officer, the work release coordinator shall interview employers or school officials who have relevant evidence and report to the hearing officer.
DOC 324.13(6)(b) (b) A penalty listed in s. DOC 303.72 need not be imposed as a result of a finding of guilt.
DOC 324.13 Note Note: Sub. (6) is shown as amended by CR 11-022 eff. 1-1-15. Prior to 1-1-15 it reads:
DOC 324.13 Note (6) A hearing shall be conducted in accordance with the procedures under ss. DOC 303.75 to 303.84, modified as follows:
DOC 324.13 Note (a) In accordance with s. DOC 303.81, with the permission of the hearing officer, the work release coordinator shall interview employers or school officials who have relevant evidence and report to the hearing officer.
DOC 324.13 Note (b) A penalty listed in s. DOC 303.84 need not be imposed as a result of a finding of guilt.
DOC 324.13(7) (7) If the inmate is found to have committed the violation alleged, the warden or superintendent may terminate the inmate's work or study release placement. The inmate may be referred to the PRC for a review of custody level in accordance with s. DOC 302.18.
DOC 324.13(8) (8) An inmate whose work or study release placement has been suspended pending a hearing and who is found not guilty of the alleged violation may be returned to the placement as soon as practicable following the finding.
DOC 324.13(9) (9) A work or study placement may be terminated by the warden or superintendent in response to documented adverse community reaction to the placement.
DOC 324.13 History History: Cr. Register, September, 1981, No. 309, eff. 10-1-81; am. (2) and (3) (b), Register, February, 1987, No. 374, eff. 3-1-87; r. and recr., Register, September, 1997, No. 501, eff. 10-1-97; CR 11-022: am. (6) Register September 2014 No. 705, eff. 1-1-15.
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Published under authority of s. 35.93, Stats. Updated on the first day of each month. Entire code is alwaycurrent. The date shown on each chapter is the date the chapter was last published.