Wisconsin Legislature: Ch. DOC 333 TOC

DOC 333.01 Authority and purpose. This chapter is promulgated under the authority of ss. 227.11 (2) (a) and 301.048, Stats., to provide rules for the administration of the intensive sanctions program. The purposes of the intensive sanctions program are to:

(1) Provide a cost-effective sentencing and placement option which satisfies punishment and public safety issues for offenders who would otherwise be incarcerated;

(2) Provide public safety through the administration of sanctions and supervision standards appropriate to the needs and requirements of the offender;

(3) Provide the necessary treatment and services to assist the offender in making meaningful, positive changes;

(4) Promote a crime-free lifestyle by requiring offenders to be employed, perform community service, make restitution and remain drug free; and

(5) Increase communication among victims, victim service agencies and legal professionals.

History: Cr. Register, February, 1993, No. 446, eff. 3-1-93.

DOC 333.02 Applicability. This chapter applies to the department of corrections and to inmates in its custody who are eligible for a minimum security/intensive sanctions confinement classification. This chapter and other administrative rules referenced in this chapter are the only administrative rules of the department that apply to inmates in the intensive sanctions program. Any inconsistencies between rule provisions within this chapter and other chapters shall be resolved in favor of this chapter.

History: Cr. Register, February, 1993, No. 446, eff. 3-1-93.

DOC 333.03 Definitions. In this chapter:

(1) “Administrator” means the administrator of the division of intensive sanctions or that person’s designee.

(2) “Classification chief” means the chief of the department’s office of classification or that person’s designee.

(3) “DAI” means the department’s division of adult institutions.

(4) “Department” means the Wisconsin department of corrections.

(5) “DIS” means the division of intensive sanctions or the intensive sanctions program.

(6) “Intensive sanctions program placement” or “DIS placement” means a placement in which a person is sentenced, transferred or paroled to the intensive sanctions program or participating in the program as an alternative to revocation, in accordance with s. 301.048 (2), Stats.

(7) “Major penalty” means placement in a Type 1 prison, jail, county reforestation camp, residential treatment facility or community-based residential facility under s. 301.048 (3) (a) 1., Stats.

(8) “Minimum security DIS classification” or “MS/DIS” means the inmate security classification described under s. DOC 302.12 (1) (e) 1.

Note: DOC 302.12 (1) (e) was repealed eff. 2-1-02.

(9) “Minor penalty” means one or more of the following:

(a) Intensive or other field supervision.

(b) Electronic monitoring.

(d) Restitution.

(e) Other programs as prescribed by DIS.

(f) Reprimand, either oral or written.

(g) Loss of one or more privileges which includes any activity, including employment, outside the home.

(10) “Offense” is a violation of a rule of supervision.

(11) “Reclassification” or “RC” means the process associated with the assignment of inmate custody, institution placement and program need subsequent to an initial classification.

(12) “Rules of supervision” means the conditions of placement in the community.

(13) “Secretary” means the head of the department or that person’s designee.

(14) “State correctional facility” or “state correctional institution” means the prisons named under s. 302.01, Stats.

(15) “Type 1 prison” has the meaning given in s. 301.01 (5), Stats.

History: Cr. Register, February, 1993, No. 446, eff. 3-1-93; CR 17-026: r. & recr. (11), Register June 2018 No. 750 eff. 7-1-18.

DOC 333.04 Eligibility for MS/DIS classification. A person is eligible for an MS/DIS confinement classification if both of the following apply:

(1) The person is any of the following:

(a) Sentenced by a court to a felony in accordance with ss. 301.048 (2) (am) 1. and 973.032, Stats.

(b) Paroled by the parole commission in accordance with ss. 301.048 and 304.06, Stats.

(c) Transferred to DIS by the department in lieu of revocation of probation or parole upon agreement between the department and the inmate in accordance with s. 301.048 (2) (am) 4., Stats.

(d) Transferred to DIS by DAI in accordance with s. 301.048 (2) (am) 2., Stats., provided that the inmate has a case plan that includes an intended residence, either a school or job placement or an alternative acceptable to the RC and a proposal for meeting treatment goals in the community. community.

(2) The person is not serving a life sentence in a Type 1 prison.

History: Cr. Register, February, 1993, No. 446, eff. 3-1-93; corrections in (1) (a), (c) and (d) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612; CR 17-026: am. (1) (d), Register June 2018 No. 750 eff. 7-1-18.

DOC 333.05 DIS placement.

(1) Before the inmate’s placement in the community, in the case of a transfer from DAI, and as soon as practicable in the case of other placements under s. 301.048 (2), Stats.:

(a) The inmate shall be assigned to a DIS agent and DIS staff shall provide the inmate with the name and business address of the inmate’s agent, the agent’s supervisor and the DIS sector chief.

(b) DIS staff shall advise the inmate’s employer, appropriate school administrators and persons sharing the residence with the inmate of their responsibilities to the inmate and the program. Other occupants of the residence shall agree in writing to searches of the residence, including the grounds, in accordance with s. DOC 333.18.