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(c) Returning to the state upon agent request at any time the offender is out of state.
(d) Waiving extradition.
(e) Carrying a travel permit.
(3) Offenders shall be allowed to travel to foreign countries only as follows:
(a) As authorized by the sentencing court.
(b) Upon verification of official military orders from the US Armed Forces or National Guard.
History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.
DOC 328.14 Interstate transfer.
(1) If the department determines that transfer to another jurisdiction is in the best interests of an offender and consistent with the goals of this chapter, an interstate transfer may be initiated upon payment of an application fee authorized under s. 20.410 (1) (gn), Stats. The fee shall not exceed $150 per application.
(2) An offender from another state, who has requested supervision and is present in Wisconsin prior to formal acceptance, is subject to the provisions of this chapter.
(3) An offender subject to supervision in another state will be accepted for supervision in Wisconsin if one of the following applies:
(a) The offender meets the criteria established by the applicable interstate compact.
(b) The department consents.
History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13; CR 18-062: am. (1) Register October 2019 No. 766, eff. 11-1-19.
DOC 328.15 Voluntary return to a correctional facility.
(1) An offender may request a voluntary return to a correctional facility for a period not to exceed one year.
(2) The request shall be in writing in a format prescribed by the department.
(3) The division shall inform the offender of all of the following:
(a) Upon return to the institution, the offender shall remain incarcerated until the agreed release date unless the department determines earlier release is appropriate.
(b) Offenders who were convicted prior to December 30, 1999, must waive parole consideration, good time, and entitlement to mandatory release.
(c) The department’s rules applicable to inmates in correctional facilities shall apply to the offender during the period of incarceration.
(4) Upon approval of the request by the regional chief, the division shall forward the request to the administrator of the division of adult institutions for a decision.
(5) During the period of incarceration the agent shall maintain contact with the offender and facilitate a release plan.
History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.
DOC 328.16 Discharge.
(1) Offenders shall be informed of the individualized objectives and conditions of supervision required for discharge.
(2) When supervision has expired, the department shall do all of the following:
(a) For a felon, issue a certificate of discharge or a certificate of final discharge if the offender has discharged from all felony cases. A certificate of final discharge under this subdivision shall list the civil rights that have been restored to the offender and the civil rights that have not been restored to the offender.
(b) For a misdemeanant, notify the offender that his or her period of supervision has expired.
(c) For a probationer, the department shall notify the sentencing court that the period of probation supervision has expired.
History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.
DOC 328.17 Early discharge.
(1) Offenders may be eligible for discharge as provided by s. 973.09 (3) (d), Stats.
(1m) The department may grant a parolee early discharge when there is a reasonable probability that supervision is no longer necessary for the rehabilitation and treatment of the offender and for the protection of the public. The offender must have reached his or her mandatory release date or have been under supervision for two years under s. 302.11 (6), Stats.
(2) Offenders are eligible for discharge by the governor as provided by s. 973.013 (2), Stats.
(3) The department may not discharge an offender on lifetime supervision under s. 939.615, Stats.
History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13; CR 18-062: r. and recr. (1), cr. (1m), am. (2), r. (4) Register October 2019 No. 766, eff. 11-1-19.
Subchapter III — Enforcement Options and Related Matters
DOC 328.18 Use of force. Whenever feasible, staff shall rely on law enforcement authorities to exercise force against offenders. When such assistance is not available, staff may use force subject to this section.
(1) Non-deadly force may be used by staff against offenders only if the user of force reasonably believes it is immediately necessary to realize one of the following objectives:
(a) To prevent death or bodily harm to oneself or another.
(b) To prevent unlawful damage to property, including damage that may result in death or bodily harm to oneself or another.
(c) To prevent an offender from fleeing the control of a staff member.
(d) To change the location of an offender.
(2) Staff may use deadly force only to prevent death or great bodily injury to oneself or another.
(3) Staff may not use deadly force if its use creates a substantial danger of harm to innocent third parties, unless the danger created by not using such force is greater than the danger created by using it.
(4) The use of excessive force is forbidden. Only as much force may be used as is reasonably necessary to achieve the objective.
History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.
DOC 328.19 Mechanical restraints.
(1) An employee may use mechanical restraints authorized by the department to restrain an offender only in accordance with the following:
(a) To protect staff or others from an offender who poses an immediate risk of flight or physical injury to others.
(b) To protect an offender who poses an immediate threat of physical injury to self.
(c) To take an offender into custody.
(d) To transport an offender while in custody.
(2) Mechanical restraints may not be used under any of the following circumstances:
(a) As a method of punishment.
(b) In a manner that intentionally causes undue physical discomfort, inflicts physical pain, or restricts the blood circulation or breathing of the offender.
(c) To restrain an offender to a vehicle.
(3) Staff shall monitor an offender in restraints at regular intervals until the restraints are removed or custody of the offender is transferred.
(4) Offenders should be released from restraints to perform bodily functions and for meals when the removal does not jeopardize safety and security.
History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.
DOC 328.20 Incapacitating agents. An employee may possess and use only those incapacitating agents and delivery systems approved by the department.
(1) Authorized use of incapacitating agents. An employee who is on duty may possess or use incapacitating agents only under the following conditions:
(a) After successfully completing a department approved training program for use of incapacitating agents.
(b) While acting in self-defense or defense of a third person.
(2) Contamination response. An employee using incapacitating agents shall provide an exposed person an opportunity for necessary medical attention.
(3) Documentation. The employee using incapacitating agents shall document its use according to department policy and procedure.
History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.
DOC 328.21 Firearms or other weapons. No employee of the division may possess or use a firearm or other weapons while on duty, except as permitted under s. DOC 328.23.
History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.
DOC 328.22 Search and seizure; pat-down.
(1) General policy. A search of an offender, the offender’s living quarters or property, or seizure of the offender’s body contents may be made at any time, but only in accordance with this section. Strip searches or body cavity searches are prohibited. For purposes of this section, the mouth is not a body cavity.
(2) Justification. A search or seizure is appropriate and consistent with the goals and objectives of supervision under any of the following circumstances:
(a) When an employee has reasonable grounds to believe the offender possesses contraband or evidence of a rule violation on or within his or her person or property.
(b) With the consent of the offender, when a search or seizure is necessary to verify compliance with the rules.
(c) When ordered by the court.
(3) Reasonable grounds. In deciding whether there are reasonable grounds to believe that an offender has used, possesses or is under the influence of an intoxicating substance, that an offender possesses contraband, or that an offender’s living quarters or property contain contraband or evidence of a rule violation, an employee may consider any of the following:
(a) The observations of employees.
(b) Information provided by informants. In evaluating the reliability of the information and the informant, the employee shall consider the following:
1. The detail, consistency, and corroboration of the information provided by the informant.
2. Whether the informant has provided reliable information in the past and whether the informant has reason to provide inaccurate information.
(c) The activity of the offender.
(d) Information provided by the offender.
(e) The experience of the employee with that offender or in a similar circumstance.
(f) Prior seizures of contraband from the offender.
(4) Informing the offender. Whenever possible before a search or seizure is conducted, an employee shall inform the offender of all of the following:
(a) A search or seizure is about to occur.
(b) The reason for the search or seizure.
(c) The method for conducting the search or seizure.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.