Custody Classification
Unlike the current rule, this rule clearly establishes that custody classification is defined by an inmate's level of risk. This rule specifically provides that custody classification function is to regulate the supervision and movement of inmates among institutions and between institutions and community programs and is defined by the risk associate with any of the following:
Assaultive or predatory behavior;
Escape, walk-away, or absconding;
Misconduct;
Disruption to the orderly processes of an institution;
Participation and progress in program or treatment;
Adjustment and history under community supervision; and
Pending legal processes.
The higher the risk, the higher the inmate's overall custody level. Custody level is evaluated using a minimum of 14 different factors that summarize an offender's history as best possible. This includes the use of an objective risk rating system. This rule also adds community concerns relating to an offender's risk as one of the factors considered when determining custody classification. This rule also allows parole commission actions and stated expectations such as the likelihood of release during review period to be considered as factors in assigning a custody classification
This rule establishes that program consideration is a right that offenders have if certain prerequisites are met and space is available. The rule clarifies that no offender can be forced into programming and that program refusal may have an impact on custody classification.
This rule condenses the current six custody classifications into five by combining “maximum security close" and “maximum security-general" to create “maximum."
For each custody level, this rule requires certain levels of monitoring relating to conduct, behavior and activities and removes restrictions in the current rule regarding inmate supervision, movement and programs. This change helps to more clearly separate institutional issues from classification issues. It is the institution's responsibility to determine housing, supervision and movement methods and policies. Classification is responsible for designating the level of custody.
Specifically, this rule provides that community custody requires limited monitoring of conduct, behavior and activities and removes restrictions regarding residence, placement, purpose, allowing more flexibility within the custody classification. Provides that community custody is used for the following inmates who are in the community without Department of Corrections escort:
Work or study release;
Off-grounds projects under supervision of non-correctional staff;
Driving institution vehicles;
Leave for qualified inmates;
Community residential confinement;
Intensive sanctions; and
Other programs which the department may establish.
This rule also guarantees that an inmate's custody classification shall be no greater than the institution's designated security classification except for pending transfers, declared emergencies or disturbances.
This rule removes the 10 year old chart of institutions and their designated classifications because this information is continually changing due to new or altered institutions within the system.
This rule applies a consistent procedure for custody classification at the conclusion of A & E and deletes language distinguishing procedures at Waupun, Green Bay and Taycheedah.
Life Sentences
This rule simplifies the process for determining minimum custody eligibility for inmates serving life sentences. Offenders with life sentences are no longer designated as one of four life categories. The current rule divides life sentence inmates into four categories based on various factors surrounding the nature of the crime, the inmate and the victim. This process is tedious, difficult, and uncertain at best. This new rule will simplify that process and treat all inmates according to the same standards for determining eligibility for minimum custody. Inmates serving a life sentence who have reached the parole eligibility date will now be treated with the same procedures used for all other inmates.
This rule provides that an inmate serving a life sentence without the possibility of parole is not eligible for minimum or community custody classification.
Assessment and Evaluation
Requires that the A & E process be done as “expeditiously as possible" and removes the arbitrary timeframe of 6 weeks after arrival. Obtaining certain information, such as sentencing transcripts and Pre-Sentence Investigation reports, often takes longer than six weeks. Without this change, inmates that do not have these necessary documents would have to be staffed and transferred. When these documents become available, the PRCs would need to conduct an early recall to consider the information. It is more efficient to permit the A & E process to complete the review even though it may take longer than the currently prescribed six week time period.
This rule extends the time period to no more than 12 months for A&E review. This will reduce the number of frivolous reviews and enable staff to set recall dates to correspond to significant changes in offender plans.
Because housing, movement and supervision are institutional issues and should not be confused with classification issues, this rule removes language specifically authorizing restricted movement during the A & E process. Institutions maintain discretionary authority to separate an inmate from the general resident population via custody classification. See 302.07 and 302.12.
Provides that A & E reviews be conducted by a classification specialist with the assistance of other staff as needed and removes requirement that A & E be conducted by a committee comprised of not less than 3 permanent members. This change is necessary because the increased number of admissions add a tremendous burden on the limited resources of the institution to perform committee work. This change permits the classification specialist to work directly with the inmate in the process rather than relying on a second or third party that may not know anything about the case. This change will increase the A & E efficiency.
Program Assignment
This rule allows inmates to be considered for school assignments, vocational programs, or treatment assignments provided the following conditions are met:
Inmate has an A & E or program review need in the area considered;
Space available in the program;
Inmate attains necessary and appropriate custody classification;
State or federal laws do not exclude the inmate from participation; and
Inmate meets program or treatment prerequisites.
This rule allows the department to consider more than the currently limiting list of factors regarding criteria for program assignment.
Program Review
This rule provides a simplified program review process by reducing the committee membership and allowing the offender to deal directly with the committee rather than a social worker. The current rule requires the social worker to make comments to an inmate regarding a process they have very little knowledge about. Often, the time between the social worker's interview with the inmate and the actual PRC date may be several weeks, requiring information to be updated for the committee. Further, the social worker's comments may not clearly reflect the inmate's comments. This rule change reduces the duplication of work, shortens the time between the social worker's comments and the PRC date, and permits the inmate to discuss issues directly with the committee.
This rule allows for alternative forms of communication including telephone conference calls, video, written comments and other electronic devices to greater involve the inmate and ensure that program review is completed in a more timely manner.
Recordkeeping
This rule creates a process where the institution may, between regularly scheduled PRC, record certain information concerning an inmate. Occasionally, inmate records need to be updated but the PRC process is not required. This provision will allow the institution to keep more accurate records in a timely manner without confusing the need for a PRC.
Appeals
This rule creates a process whereby an inmate may appeal procedural issues relating to custody classification, transfer, institution placement, and program or treatment assignment.
Orientation
Removes language allowing orientation sessions to be conducted by inmates. Orientation is an administrative process and should clearly be presented by staff so that policies, procedures and descriptions of the system are accurately stated. Inmates should not be in a position to explain these issues to other inmates. It is unmistakably the responsibility of the Department of Corrections.
This rule change removes language requiring specific orientation procedures, including those for handicapped and non-English speaking inmates, as these requirements are a part of the Department's continuing mission to provide resources consistent with state and federal laws and regulations including fundamental fairness and due process.
This rule removes requirement that each inmate, during A & E or transfer from another institution, receive written copy of the rules of conduct. Chapter DOC 303 already provides for this.
Section 1. Chapter DOC 302 is repealed and recreated to read:
DOC 302.01 Applicability. Pursuant to authority vested in the department of corrections by ss. 227.11 (2), 301.02, 301.03 (2), and 302.07 Stats, the department adopts this chapter which applies to the department and all inmates in its legal custody for implementation of ss. 301.046, 301.048, 302.045, 302.055, 302.07, 302.08, 302.15, 302.18, 302.27, 303.065 and 303.068, Stats.
DOC 302.02 Purpose of classification. (1) The purpose of this chapter is to provide procedures for custody classification, program or treatment assignments, and transfers.
(2) The goals and objectives of this chapter are all of the following:
(a) To classify every inmate based upon risk factors relative to public safety, institutional security, and staff and inmate safety.
(b) To establish and review the custody classification, program or treatment assignments, and institution placement that ensures public, staff, and inmate safety.
(c) To involve inmates in the processes for custody classification, program or treatment assignments, and transfer consideration.
(d) To the extent possible, match inmate need to institution resources.
(e) To provide a documented current and historical reference of custody classification, program or treatment assignments, transfers and comments on each inmate.
DOC 302.03 Definitions. In this chapter:
(1) “A&E" or “assessment and evaluation" means assessment and evaluation as performed under s. DOC 302.12.
(2) “Classification section chief" means the section chief of the bureau of offender classification and movement.
(3) “Classification specialist" means the A&E or program review staff person from the bureau of offender classification and movement.
(4) “Custody classification" means the security rating applied to an inmate based on the procedures of ss. DOC 302.13 and 302.17.
(5) “DAI" means the division of adult institutions, department of corrections.
(6) “DCC" means the division of community corrections, department of corrections.
(7) “Department" means the department of corrections.
(8) “Director" means the director of the bureau of offender classification and movement, department of corrections, or his or her designee.
(9) “Disciplinary hearing" means a hearing authorized under ch. DOC 303 for the discipline of inmates for misconduct.
(10) “IS" means intensive sanctions administered by the department of corrections.
(11) “PRC" means the program review committee.
(12) “Program needs" means the program or treatment needs of an individual inmate which reduce the risk to re-offend, escape, or be a security problem during confinement and promote readiness for community reintegration.
(13) “Program review" or “PR" means the ongoing process of monitoring of custody classification, institution placement and program or treatment assignments as performed under s. DOC 302.17.
(14) “Program or treatment" means the programs, treatment and services provided by an institution or the department such as education, alcohol and drug abuse treatment, sex offender treatment, and clinical and social service counseling.
(15) “Secretary" means the secretary of the department of corrections, or his or her designee.
(16) “Security classification" means the security level of an institution based upon the physical plant characteristics, staff resources and degree of supervision of inmates.
(17) “Superintendent" means a superintendent, or designee, at a correctional center as established under s. 301.13, Stats..
(18) “Warden" means the warden, or designee, at an institution.
(19) “Working days" means all days except Saturday, Sunday, and state legal holidays.
DOC 302.04 Custody classification. (1) The purpose of a custody classification is to determine the appropriate placement of an inmate in order to regulate the supervision and movement of inmates among institutions, and between institutions and community programs.
(2) Custody classification is determined by assessing the risk of each inmate regarding all of the following:
(a) Assaultive or predatory behavior.
(b) Escape, walk-away, and absconding occurrences.
(c) Violation of inmate disciplinary rules under ch. DOC 303.
(d) Disruption to the orderly processes of an institution.
(e) Participation and progress in program or treatment.
(f) Adjustment and history under community supervision.
(g) Pending legal processes.
