Register February 2018 No. 746
Chapter DOC 313
Establishment of a prison industry.
Application and approval.
Termination and removal.
Inmate employee labor unions.
Shutdown and layoff.
Private sector prison industry enhancement certification programs.
Ch. DOC 313 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
Ch. DOC 313 Note
Chapter DOC 313 as it existed on March 31, 1994 was repealed and a new chapter DOC 313 was created Register March 31, 1994 No. 459
, effective April 1, 1994.
Ch. DOC 313 Note
Chapter DOC 313 as it existed on February 28, 2018 was repealed and a new chapter DOC 313 was created Register February 26, 2018 No. 746
, effective March 1, 2018.
DOC 313.01 Purpose.
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 goals of prison industries include all of the following:
Provide inmates with work skills, habits, and training necessary to compete in the job market, thereby increasing the potential for a successful return to society.
Maintain self-sufficiency of the program to the degree possible while maintaining inmate wages based on productivity.
Utilize production methods and business practices consistent with those used by private industry.
Develop, produce, and market products and services of benefit to customers at a competitive price.
Provide products and services that do not unfairly compete with Wisconsin-based manufacturers and service providers.
DOC 313.01 History
History: CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18. DOC 313.02 History
History: CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18. DOC 313.03
DOC 313.03 Definitions.
The definitions in ss. DOC 303.02
apply to this chapter. In addition, in this chapter:
“Base wage” means the official hourly rate for a position. The base wage does not include differential, holiday, incentive, or bonus pay.
“Department” means the department of corrections.
“Industries director” means the director appointed by the secretary under s. 303.01 (9)
, Stats., or the industries director designee.
“Industries supervisor “ means the industries employee assigned to supervise inmate employees.
“Inmate 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.
“Involuntary unassigned” means
inmates who are eligible, available, and waiting for placement in approved work or program assignments where such work or program assignments exist, but are not currently available.
“Prison industry” or “industry” means an industry established under s. 303.01
, Stats., for inmate employees to manufacture products or components or provide services.
“Private sector prison industry enhancement certification programs or “PSPIEC”
means prison industries programs certified by the federal private sector prison industry enhancement certification program.
DOC 313.03 History
History: CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18; correction in (8) made under s. 35.17, Stats., Register February 2018 No. 746. DOC 313.04
DOC 313.04 Establishment of a prison industry. DOC 313.04(1)(1)
The department may establish prison industries with the approval of the prison industries board and after a hearing before the joint committee on finance.
The department may locate, move, or expand prison industries to one or more prisons or other locations owned by the department.
The department shall notify the joint committee on finance under s. 303.01 (1) (c)
, Stats., if there is an increase in the number of inmate employees in a prison industry by 200 or more full time equivalent positions in a biennium.
DOC 313.04 History
History: CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18. DOC 313.05
DOC 313.05 Documentation.
The industries director shall document prison industry operations, including job positions, titles and descriptions, qualifications, compensation, probationary term, work hours, work rules, and policies. Inmate access to these documents shall be established in industry policy.
DOC 313.05 History
History: CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18.
An inmate may apply for a position in a prison industry that is available at the institution in which the inmate resides.
The application may include an inmate's preference for a position.
The industries supervisor or designee shall do all of the following:
Interview inmate applicants for specific positions under the industries supervisor's supervision.
Consider the following criteria in the selection of an inmate employee:
Physical or mental ability to perform the essential functions of the position, with or without reasonable accommodations.
Past employment record with prison industries or other institution work experience.
Select a qualified inmate applicant consistent with established requirements.
DOC 313.06 History
History: CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18
Inmates hired by prison industries shall serve a probationary period during which the inmate's employment may be terminated under s. DOC 313.11 (1) (a)
Inmate employees shall not receive incentive pay during their original probationary period.
The duration of the probationary period for any position shall be established by prison industries management so as to provide adequate time for the average inmate employee to learn the duties of the position.
The industries supervisor may extend the probationary period for an additional 30 days if the inmate employee has not demonstrated satisfactory performance but can reasonably be expected to attain satisfactory performance.
DOC 313.07 History
History: CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18. DOC 313.08(1)(1)
The industries supervisor shall evaluate each inmate employee's performance as often as required to ensure the inmate employee is meeting performance and productivity expectations. The evaluation shall be written and include the specific skills and expectations of the position.
An evaluation shall be completed upon completion of probation, at regular intervals, prior to any pay rate change and upon termination.
The criteria to be used in evaluating inmate employees shall include all of the following:
The industries supervisor or designee shall meet with the inmate employee as part of the evaluation process to discuss the inmate employee's performance.
If an inmate employee's evaluation indicates performance below expectations, the industries supervisor shall meet with the inmate employee to address the performance problem.
Copies of the inmate employee evaluation shall be distributed to the inmate employee, the industries supervisor, and the social services file.
DOC 313.08 History
History: CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18. DOC 313.09
DOC 313.09 Work rules.
The industries director has the authority to establish work rules applicable to inmate employees.