Wisconsin Legislature: DOC 328.19(2)(c)

(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.

(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.

(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.

(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.

(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.

(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.

(d) The place where the search or seizure is to occur.

(e) The consequences of not complying with the search or seizure.

(5) Pat down. A pat-down may be conducted at any time an employee has a reasonable concern that an offender may possess a weapon or other object which may be used as a weapon. After a pat-down, if the employee has reasonable grounds to believe that the offender may be in possession of a weapon or contraband, the employee may proceed with a personal search of the offender.

(6) Personal search.

(a) Any staff member may conduct a personal search of an offender.

(b) Every personal search shall be documented in the offender’s case record.

(7) Search of living quarters or property.

(a) An agent shall obtain supervisory approval prior to any search under this subsection.

(b) The employee who conducted the search shall complete a written report of every search of an offender’s living quarters or property. The report shall state all of the following:

1. The identity of the offender whose living quarters or property was searched.

2. The identity of any employee who conducted the search and any other persons present during the search.

3. The date, time, and place of the search.

4. The reason for conducting the search.

5. Any items seized pursuant to the search with documentation of chain of custody.

6. Whether any damage was done to the premises or property during the search.

(c) During searches an employee may read business records and personal mail of offenders. The employee may not read any privileged legal materials, including any communication between an offender and an attorney, or any materials prepared in anticipation of a lawsuit.

(d) An employee may not forcibly enter any property to conduct a search.

(8) Seizure of body contents.

(a) Only licensed or certified medical staff may take a blood or stool sample.

(b) When the agent or supervisor requires the collection of a urine specimen to be observed, an employee of the same sex as the offender shall observe and collect the urine specimen.

(d) A report of a test on a specimen of an offender’s urine, breath, blood, stool, hair, fingernails, saliva, semen, or other identifying physical material produced by the offender may be presented as evidence in a revocation hearing. The expert who made the findings need not be called as a witness in a hearing or proceeding under this chapter, ch. DOC 331, or ch. HA 2.

History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

DOC 328.23 Contraband.

(1) Any employee who reasonably believes that an item in an offender’s possession is contraband may seize the item, whether or not the employee believes a violation of the offender’s rules or conditions of supervision has occurred. Any items seized must be documented with chain of custody.

(2) The supervisor shall dispose of seized contraband after all proceedings in which it may be required have been completed. Disposition shall be as follows:

(a) All confiscated currency, whose true owner cannot be determined, shall be placed in the general fund.

(b) Checks and other negotiable instruments shall be returned to the maker. If it is not possible to determine an address for the maker of the check, the check shall be destroyed.