Voluntary return to a correctional facility.
Subchapter III — Enforcement Options and Related Matters
Firearms or other weapons.
Search and seizure; pat-down.
Custody and detention.
Psychotropic medication as a condition of supervision.
DOC 328.01 Purpose.
The purpose of this chapter is to provide rules, services, and programs for offenders who are under supervision of the department. All of the following specific goals and objectives assist the department in fulfilling this purpose:
To supervise offenders to the extent necessary to meet public, victim, staff, and offender safety responsibilities.
To assist in providing opportunities to achieve the critical success factors of residence, employment, appropriate treatment, and general stability in the living situation.
To assist in providing access to community-based programs for offenders on community supervision.
To establish necessary guidelines, procedures, and controls to maintain program, staff, and fiscal accountability and to promote program efficiency and effectiveness.
To cooperate with other agencies and communities in activities for the purpose of prevention of crime and victimization.
To protect the health, rights, and dignity of all offenders involved in the department's programs and activities.
DOC 328.01 History
: cr. Register June 2013 No. 690
, eff. 7-1-13.
DOC 328.02 Applicability.
This chapter applies to the department and to offenders under the division's custody and supervision for correctional purposes. It implements ss. 165.76
, 304.06 (3)
, and 973.20
, Stats., and chs. 950
DOC 328.02 History
: cr. Register June 2013 No. 690
, eff. 7-1-13; correction made under s. 13.92 (4) (b) 7.
, Stats., Register March 2017 No. 735
DOC 328.03 Definitions.
In this chapter:
“Abscond" means the failure of an offender to make himself or herself available as directed by the agent.
“Administrator" means the administrator of the division or designee.
“Advocate" means a person who assists in the presentation of the offender's position, is independent, and able to act in an offender's best interest. The advocate may not be a person in the custody or under the supervision of the department or an employee of the department.
“Agent" means an employee of the division who may be assigned the responsibilities under this chapter.
“Alternative to revocation" means placement in a program or imposition of a sanction in lieu of revocation.
“Bodily harm" means physical pain or injury, illness, or any impairment of physical condition.
“Body contents search" means a search in which the offender is required to provide a biological specimen, including but not limited to a sample of urine, breath, blood, stool, hair, fingernails, saliva, semen, or other identifying physical material.
“Collateral" means any person who has contact with or information about an offender.
“Commitment term" or “term" means that period of time during which the offender is subject to the control and supervision of the department.
“Community supervision" or “supervision" means the control and management of offenders on probation, parole, extended supervision, or other statuses as authorized by court order or statute.
“Conditions" means specific regulations imposed on the offender by the court or earned release review commission.
“Contacts" means communications between an agent and an offender or collateral.
Any item which the offender may not possess under the rules or conditions of the offender's custody or supervision.
“Deadly force" means force which the user reasonably believes will create a substantial risk of causing death or great bodily harm to another.
“Discharge" means the completion of the term of supervision by an offender.
“Division" means the division of community corrections.
“Extended supervision" means that portion of a bifurcated sentence that is ordered to be served on community supervision as provided in s. 973.01
“Extension" means the continuation by the sentencing court of supervision beyond the current discharge date.
“Financial resources" of an offender means any income or assets from any source under the offender's sole or joint control.
“Force" means the exercise of strength or power to overcome resistance or to compel another to act or to refrain from acting in a particular way. It includes the use of mechanical or physical power or strength.
“Great bodily harm" means bodily injury which creates a substantial risk of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury.
“Hearing examiner" means a person appointed to preside over a hearing to determine whether the department may impose a condition of supervision requiring compliance with prescribed psychotropic medication. The hearing examiner may not currently be involved in the offender's treatment, diagnosis, or supervision, or the direct supervisor of the agent or psychiatrist treating the offender.
“Incapacitating agent" means any product or device commercially manufactured for the purpose of temporary control of an offender.
“Interstate compact" means an agreement between Wisconsin and another state in the United States or territory of the United States, which provides the means for community supervision of offenders between states as authorized under ss. 304.13
, and 304.16
“Intoxicating substance" means anything which if taken into the body may alter or impair normal mental or physical functions.
“Non-deadly force" means force which the user reasonably believes will not create a substantial risk of causing death or great bodily harm to another.
“Offender" means a person who is committed to the custody of the department for correctional purposes and is under community supervision of the division.
“Pat-down" means a frisk of the offender's body outside the clothing.
“Personal search" means a search of an offender's person, including but not limited to the offender's pockets, an examination of the offender's shoes, hat, and other clothing, and a visual inspection inside the offender's mouth.
“Regional chief" means an employee or designee of the division responsible for the administration of a region.
“Reporting" means a contact between an agent and offender determined by the rules or conditions of supervision.
“Revocation" means the removal of an offender from community supervision in accordance with chs. DOC 331
and HA 2
“Rules" means departmental regulations applicable to a specific offender under supervision.
“Secretary" means the secretary of the department or designee.
“Supervision fees" means financial obligations imposed on offenders pursuant to s. 304.074
“Supervisor" means an employee of the division responsible for the oversight and management of staff involved in direct supervision of offenders.
“Tolled time" means the period of time between the date of an offender's violation and the date the offender's supervision is reinstated or revoked.
“Waiver" means the written relinquishment of known rights by an offender.
DOC 328.03 History
: cr. Register June 2013 No. 690
, eff. 7-1-13; correction in (38) made under s. 13.92 (4) (b) 7.
, Register June 2013 No. 690
Division employees are to provide individualized supervision of offenders in a manner consistent with the goals and objectives of this chapter.
When an offender is placed on supervision, an agent's duties shall include all of the following:
Obtain information necessary for appropriate supervision of the offender.
Determine the short-term and long-term goals and overall objectives of the offender's supervision.
Establish rules and explain and provide the offender with a copy of the rules and conditions.
Inform the offender of the possible consequences of not abiding by the rules and conditions.
Cooperate with and assist the district attorney who is responsible for determining restitution.
Inform the offender of applicable state and local law enforcement registration requirements.
Monitor the offender's compliance with the conditions and rules including through the use of monitoring and tracking technology at the discretion of the department.
Maintain complete and accurate case records for each offender.