Chapter DOC 324

DOC 324.06 History History: Cr. Register, September, 1981, No. 309, eff. 10-1-81; am. (6) and (7), (8) renum. from HSS 324.15 and am., Register, February, 1987, No. 374, eff. 3-1-87; am. (1), (2), r. (3), (7) and (8), renum. (4) and (6) to be (3) and (5) and am. (3) and (5) (a) to (e) and r. and recr. (4), Register, September, 1997, No. 501, eff. 10-1-97.

DOC 324.07 DOC 324.07 Placement in work release. The following requirements apply to all placements in work release:

DOC 324.07(1) (1) The inmate shall have a confirmed job offer.

DOC 324.07(2) (2) Financial compensation shall be comparable to that of other workers employed in similar positions by the same employer.

DOC 324.07(3) (3) No inmate may be placed with a relative or in a private home or any place where a potential conflict exists.

DOC 324.07(4) (4) The placement is not effective until the inmate actually begins working on the job.

DOC 324.07 History History: Cr. Register, September, 1981, No. 309, eff. 10-1-81; am. (1), r. (2), renum. (3) to (6) to be (2) to (5), Register, February, 1987, No. 374, eff. 3-1-87; am. (1), r. (3), renum. (4) and (5) to be (3) and (4) and am. (3), Register, September, 1997, No. 501, eff. 10-1-97.

DOC 324.08 DOC 324.08 Placement in study release. The following requirements apply to all study release placements:

DOC 324.08(1) (1) Before placement, the inmate shall be accepted for enrollment at the school. All financial arrangements shall be agreed upon by the inmate and the state correctional facility.

DOC 324.08(2) (2) The warden or superintendent shall determine the length of time of the placement and may extend that time period. Study release placements shall be for the same length of time as the educational program unless there is good cause for a different length of time.

DOC 324.08(3) (3) The placement is not effective until the first day of scheduled class attendance.

DOC 324.08 History History: Cr. Register, September, 1981, No. 309, eff. 10-1-81; am. Register, February, 1987, No. 374, eff. 3-1-87; am. (2), r. (3), renum. (4) to be (3), Register, September, 1997, No. 501, eff. 10-1-97.

DOC 324.09 DOC 324.09 Inmate funds.

DOC 324.09(1) (1) Under s. DOC 324.06 (1), during the application process for work or study release, each inmate shall list all financial obligations. Inmates approved for study release shall apply for all benefits to which they are entitled as a result of placement in an educational or training program.

DOC 324.09(2) (2) Appropriate department personnel shall investigate and determine the following:

DOC 324.09(2)(a) (a) Cost of the inmate’s food and clothing in the placement assigned.

DOC 324.09(2)(b) (b) Cost of an educational placement, including but not limited to tuition and books.

DOC 324.09(2)(c) (c) Necessary travel expenses to and from the placement and other incidental expenses.

DOC 324.09(2)(d) (d) Support obligations for the inmate’s dependents.

DOC 324.09(2)(e) (e) Reasonable room charges as determined by the department.

DOC 324.09(2)(f) (f) Financial obligations set by a court judgment and debts acknowledged in writing by the inmate.

DOC 324.09(3) (3) The inmate shall sign an agreement acknowledging the department’s authority to disburse funds earned while on work release or funds received for study release in accordance with s. 303.065 (5), Stats. Refusal to sign shall make an inmate ineligible for participation.

DOC 324.09(4) (4) The state correctional facility business manager shall disburse money received as wages or educational benefits in the following order:

DOC 324.09(4)(a) (a) For board including food and clothing for the inmate, any fee charged under s. 301.135, Stats., plus, if the inmate is on study release, tuition, books, fees, tools, and other supplies or, if the inmate is on work release, work related expenses.

DOC 324.09(4)(b) (b) Necessary travel expense to and from the placement and other incidental expenses of the inmate.

DOC 324.09(4)(c) (c) Payment of the crime victim and witness assistance surcharge under s. 973.045 (4), Stats.

DOC 324.09(4)(d) (d) Payment of the deoxyribonucleic acid analysis surcharge under s. 973.046 (4), Stats.

DOC 324.09(4)(e) (e) Support of the inmate’s dependents, if any.

DOC 324.09(4)(f) (f) A reasonable room charge as determined by the department.

DOC 324.09(4)(g) (g) After investigation under sub. (2), payment, either in full or proportionately, of the inmate’s obligations that were acknowledged by the inmate in writing or that have been reduced to judgment.

DOC 324.09(4)(h) (h) Wages to the inmates on work or study release until the current canteen limit under s. DOC 309.52 (1) (b) is reached. Unspent money shall be deposited in the inmate’s general account. Before releasing an inmate to field supervision, the releasing institution shall inform the parole agent of the balances in the inmate’s general account under s. DOC 309.49, release account under s. DOC 309.466 and segregated account under s. DOC 309.50. The agent shall instruct the institution business manager as to where these balances shall be transferred and as to disbursement of work or study release funds from general and segregated accounts.

DOC 324.09(5) (5) Books, tools, supplies, and other items necessary for study release purchased with the inmate’s funds remain the inmate’s property.

DOC 324.09(6) (6) The institution business manager shall establish a separate account for each inmate and make disbursements under sub. (4) and s. 303.065 (5), Stats. All paychecks from work release and funds received for study release shall be sent to the institution business manager unless the work release coordinator approves other arrangements.

DOC 324.09 History History: Cr. Register, September, 1981, No. 309, eff. 10-1-81; am. (4), Register, February, 1987, No. 374, eff. 3-1-87; am. (2) (a) to (e), (4) (a) to (c), (5) renum. to be (4) (d) to (g) to be (4) (e) to (h) and am., cr. (4) (d), Register, September, 1997, No. 501, eff. 10-1-97; corrections in (4) (h) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 2001, No. 545.

DOC 324.10 DOC 324.10 Transportation.

DOC 324.10(1) (1) All transportation arrangements between a state correctional facility and a work or study placement require approval by the warden or superintendent, of the state correctional facility to which the inmate is assigned. All vehicles transporting inmates shall be insured.

DOC 324.10(2) (2) The following means of transportation may be used:

DOC 324.10(2)(a) (a) Institution vehicles.

DOC 324.10(2)(b) (b) Public carriers.

DOC 324.10(2)(c) (c) Approved vehicles driven by members of the public.

DOC 324.10(3) (3) Inmates on work release shall pay the cost of transportation to and from the work site. If the department provides transportation, it may assess a reasonable charge.

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(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(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 RC for a review of custody level in accordance with s. DOC 302.17.

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; CR 17-026: am. (7), Register June 2018 No. 750 eff. 7-1-18.