(2) The director shall review the recommendations and make a final custody classification decision.
(3) The department shall make available to the inmate a written copy of the decision.
DOC 302.14 Applicability of program review. The department shall monitor custody classification, risk rating, institution placement and program or treatment assignments for every inmate.
DOC 302.15 Purpose of program review. The purpose of program review is the following:
(1) To provide systematic review of the inmate's needs relating to education, medical, clinical, social, offense-related and other treatment needs.
(2) To assess the inmate's custody classification.
(3) To assess the inmate's motivation to become involved in treatment and programs.
(4) To secure program or treatment space as needed to permit the inmate to complete an assignment.
(5) To provide the inmate with supplemental or alternative treatment or program assignments.
(6) To provide a review of the inmate's adjustment, conduct and program participation.
(7) To evaluate the inmate's risk.
(8) To establish a date not to exceed 12 months for the next program review.
(9) To permit program review prior to the date set in (8) when one of the following occur:
(a) A significant change affecting custody, program or treatment assignments, or institution placement as determined by the classification specialist.
(b) An order of the director or warden.
(c) Referral by the institution adjustment committee as defined in s. DOC. 303.02 (1).
(10) To recommend placement changes to accommodate program objectives.
DOC 302.16 Program review personnel. Every correctional institution and center shall have a program review committee.
(1) The director shall designate a classification specialist as the chairperson of the program review committee in a correctional institution.
(2) The superintendent shall designate a staff member to serve as the chairperson of the program review committee in a community correctional center.
(3) The warden or superintendent may designate up to 2 staff members to represent their respective division on the committee.
DOC 302.17 Program review procedure. (1) Before the scheduled program review, an institution staff member, designated by the Warden or Superintendent, shall do all of the following:
(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.
(b) Make written comments to the program review committee regarding custody classification, program or treatment assignment, and institution placement.
(2) Before the scheduled review, classification staff will inform the inmate of the following:
(a) The program review date.
(b) The inmate's option to waive the interview appearance.
(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.
(3) At the program review committee interview, staff shall inform the inmate of the following:
(a) The purpose of the review.
(b) The staff comments regarding custody classification, program or treatment assignments, and institution placement.
(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.
(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.
(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.
(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.
(8) The committee's recommendation for custody or transfer requires approval of the director.
(9) The PRC may use written comments, telephone conference calls, video or other electronic devices or medium for program review.
(10) The classification specialist shall give the program review decision to the inmate in writing.
DOC 302.18 Appeals. (1) An inmate may appeal procedural issues relating to custody classification, transfer, institution placement, and program or treatment assignment to the director within 30 days of the inmate's receipt of the written decision.
(2) The director shall respond to an appeal within 30 days following written receipt of the appeal.
DOC 302.19 Transfers. (1) The director may transfer an inmate to any facility authorized by the department.
(2) The director may transfer an inmate based solely on the availability of beds and security needs of the department.
(3) When an inmate is removed from an institution for a medical, clinical, or security emergency, the inmate may be segregated from the general inmate population. If the department is unable to do so, the inmate may be transferred to a county jail or other confinement facility pending the results of the disciplinary hearing or review of the inmate's custody classification and program assignment. If the jail or other facility is unable or unwilling to retain an inmate, the inmate may be transferred to another placement pending the placement in an institution within the department.
(4) If an inmate is not transferred in accordance with s. DOC 302.17, the department shall review the custody and institution placement as provided under s. DOC 302.17 within 10 working days following the decision that prompted the transfer.
(5) Notwithstanding s. DOC 302.17, when the PRC screens an inmate to determine eligibility for transfer to another institution, or decides to transfer the inmate to another institution, the inmate is not entitled to know the criteria or factors upon which the decisions are based if the department determines that release of the criteria would threaten the security of the prison system.
DOC 302.20 Recordkeeping. (1) The director, section chief or a classification specialist may record information concerning an inmate between regularly scheduled PRC regarding:
(a) Program or treatment assignments.
(b) Progress of program or treatment assignment.
(c) Physical health.
(d) Mental health.
(e) Conduct and adjustment.
(f) Placement.
(g) Custody level.
(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 302.205 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.
Appendix
Note: DOC 302.05. Section DOC 302.05 identifies the five custody classifications used in Wisconsin. Each of the five categories reflect the different level of risk portrayed by the inmate based on the purpose of custody classification as explained in s. DOC 302.04 and assessed on each of the factors presented in ss. DOC 302.07 and 302.08. Each institution determines its own method for day to day supervision to respond to the risk presented by the inmate's behavior, conduct and activities.
Note: DOC 302.11. Among the objectives of the correctional system are protection of the public through appropriate correctional supervision and the reassimilation of the inmate into the community. These require an assessment of the inmate's needs and objectives, assignment to an appropriate institution and program, motivation of the inmate, and periodic review of the inmate's progress. The A&E process is the initial effort to orient, classify and assign inmates in the Wisconsin correctional system. Its purposes are stated in s. DOC 302.11.
Note: DOC 302.17. Section. DOC 302.17 states the procedure and decision making authority for decisions concerning the ongoing academic, vocational, medical, clinical, social, offense-related or other treatment needs of an inmate. The authority of staff to classify and transfer inmates is broad.
To ensure a fair, informed decision, the process has the following elements:
1. A decision-making process that involves staff who are most informed about the inmate.
2. Centralized decision-making for the whole correctional system.
3. An opportunity for the inmate to be heard on the issues being addressed.
4. A written explanation of the decision provided to the inmate.
5. An appeal process (s. DOC 302.18).
Note: DOC 302.19. This section is intended to cover inmate transfers among state prisons, federal institutions, or a facility otherwise deemed appropriate, as well as inmate transfers to facilities located outside the state of Wisconsin.
Initial Regulatory Flexibility Analysis:
These rules are not expected to have an effect on small businesses.
Fiscal Estimate:
The Department of Corrections is proposing to repeal and recreate ch. DOC 302 relating to the classification, assessment and evaluation (A&E), and program review of inmates. While addressing the needs of the Department, including internal restructuring and reorganization, this rule change also retains and strengthens inmate involvement in the classification process, including the assignment of custody, program and placement. In general, the processes are streamlined, require fewer mandatory reviews, and provide options for dealing with emergencies and situations when the offender is not accessible. Specific changes include, but are not limited to:
•
Clearly establishing that custody classification is defined by an inmate's level of risk;
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Requiring that A&E be done as expeditiously as possible instead of the current six week timeframe;
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Providing that A&E reviews be conducted by a classification specialist with the assistance of other staff as needed and removes the requirement that A&E be conducted by a committee comprised of not less than three permanent members, and;
•
Providing a simplified program review process by reducing the committee membership and allowing the offender to deal directly with the committee rather than a social worker.
Although these rule changes are not expected to have a fiscal impact on the Department, the proposed changes are expected to reduce workload and streamline processes for already overburdened staff.
Contact Person:
Julie M. Kane (608) 267-9839
Office of Legal Counsel
149 East Wilson Street
P.O. Box 7925
Madison, Wisconsin 53707-7925
If you are hearing or visually impaired, do not speak English, or have circumstances which might make communication at the hearing difficult and if you, therefore, require an interpreter or a non-English, large print or taped version of the hearing document, contact the person at the address or phone number above. A person requesting a non-English or sign language interpreter should make that request at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written Comments:
Written comments on the proposed rules received at the above address no later than April 30, 2001 will be given the same consideration as testimony presented at the hearing.
Notice of Hearings
Natural Resources
(Fish, Game, etc., Chs. NR 1—)
NOTICE IS HEREBY GIVEN that pursuant to ss. 23.09 (2) (h), 26.35, 28.07 and 227.11 (2), Stats., interpreting ss. 26.35 and 28.07, Stats., the Department of Natural Resources will hold public hearings on the repeal and recreation of s. NR 1.212 (1) and (2), Wis. Adm. Code, relating to private forestry priorities for assistance and amendment of s. NR 1.213 (3) (b) and (d), Wis. Adm. Code, relating to the cooperating forester program.
