Wisconsin Legislature: Register543

(b) A recommendation for minimum custody classification made by the PRC under s. DOC 302.17.

DOC 302.09 Program consideration. Unless otherwise specified by the rules of the department or by state and federal law, inmates may be considered for school assignments, vocational programs or treatment assignments within the Wisconsin correctional system if all of the following conditions are met:

(1) The inmate has a program or treatment need that the program being considered would meet.

(2) There is space available in the program.

(3) The inmate attains the custody classification needed for transfer to the site where the program is available.

(4) The inmate meets program or the treatment prerequisites.

DOC 302.10 Factors in assigning a program or treatment component. (1) The department may consider factors including but not limited to the following in assigning an inmate to a program or treatment component:

(a) Factors under s. DOC 302.07.

(b) Program or treatment prerequisites.

(d) Federal or state law requirements.

(2) The inmate may choose not to participate in program and treatment with an understanding that a refusal may affect custody classification and placement.

DOC 302.11 Purposes of A&E. The purposes of A&E shall be all of the following:

(1) To assess an inmate's risk under s DOC 302.04 (2).

(2) To determine an inmate's custody classification.

(3) To provide an inmate with orientation to the department.

(4) To assess an inmate's criminal and social background, sentence structure, and academic and vocational requirements.

(5) To evaluate an inmate's academic, vocational, medical, social, and treatment needs.

(6) To determine an inmate's treatment and program needs and priorities and coordinate these with custody classification and institution or program placement.

DOC 302.12 Applicability of the assessment and evaluation. (1) Every inmate shall participate in an assessment and evaluation or an alternative process as approved by the department. This process shall be completed as expeditiously as possible.

(2) The director may alter the scope, purpose and duration of the assessment and evaluation process to meet security and bed needs of the department.

DOC 302.13 Procedure for custody classification at conclusion of A&E. (1) The classification specialist shall do all of the following:

(a) Collect and review information pertaining to the inmate such as offense history, adjustment, risk factors, program goals and other relevant concerns.

(b) Interview the inmate and afford the inmate an opportunity to provide information.

(d) Prepare a report that includes all of the following:

1. A summary of the information gathered through (a), (b) and (c).

2. A recommendation of custody classification, program or treatment needs, institution placement, and a date for program review not to exceed 12 months.

(2) The director shall review the recommendations and make a final custody classification decision.

(3) The department shall make available to the inmate a written copy of the decision.

DOC 302.14 Applicability of program review. The department shall monitor custody classification, risk rating, institution placement and program or treatment assignments for every inmate.

DOC 302.15 Purpose of program review. The purpose of program review is the following:

(1) To provide systematic review of the inmate's needs relating to education, medical, clinical, social, offense-related and other treatment needs.

(2) To assess the inmate's custody classification.

(3) To assess the inmate's motivation to become involved in treatment and programs.

(4) To secure program or treatment space as needed to permit the inmate to complete an assignment.

(5) To provide the inmate with supplemental or alternative treatment or program assignments.

(6) To provide a review of the inmate's adjustment, conduct and program participation.

(7) To evaluate the inmate's risk.

(8) To establish a date not to exceed 12 months for the next program review.

(9) To permit program review prior to the date set in (8) when one of the following occur:

(a) A significant change affecting custody, program or treatment assignments, or institution placement as determined by the classification specialist.

(b) An order of the director or warden.

(10) To recommend placement changes to accommodate program objectives.

DOC 302.16 Program review personnel. Every correctional institution and center shall have a program review committee.

(1) The director shall designate a classification specialist as the chairperson of the program review committee in a correctional institution.

(2) The superintendent shall designate a staff member to serve as the chairperson of the program review committee in a community correctional center.

(3) The warden or superintendent may designate up to 2 staff members to represent their respective division on the committee.

DOC 302.17 Program review procedure. (1) Before the scheduled program review, an institution staff member, designated by the Warden or Superintendent, shall do all of the following:

(a) Investigate and document the inmate's adjustment and conduct, program or treatment assignments and other relevant factors to make a determination of progress and accomplishments.

(b) Make written comments to the program review committee regarding custody classification, program or treatment assignment, and institution placement.

(2) Before the scheduled review, classification staff will inform the inmate of the following:

(a) The program review date.

(b) The inmate's option to waive the interview appearance.

(c) That if the inmate disrupts the interview or refuses to attend the interview, staff shall conduct the review procedure without the inmate being present.

(3) At the program review committee interview, staff shall inform the inmate of the following:

(a) The purpose of the review.

(b) The staff comments regarding custody classification, program or treatment assignments, and institution placement.

(4) The inmate may present additional information and state an opinion about the custody classification, program or treatment assignment, or institution placement at the PRC interview. The inmate may present the additional information in writing if the inmate is unavailable for the PRC interview.

(5) The program review chairperson may suspend the program review in order to investigate any issue affecting custody classification, institution placement and program or treatment assignment.

(6) Each member of the committee shall have one vote. A recommendation for a change in custody classification, transfer, or institution placement requires a unanimous vote. If the vote is not unanimous, the classification specialist shall refer the decision to the classification section chief and the warden for a recommendation. If they are not able to agree, the classification section chief shall refer the case with comments to the director, who will make the decision. A recommendation for program or treatment assignment requires a majority vote.

(7) The committee shall consider as factors in assigning custody classification those stated in s. DOC 302.07. In addition, the criteria under s. DOC 302.08 shall apply to the custody classification of inmates serving a life sentence. Factors other than those in ss. DOC 302.07 and 302.08 may be considered to preserve the security and safety needs of inmates, staff, facilities or community.

(8) The committee's recommendation for custody or transfer requires approval of the director.

(9) The PRC may use written comments, telephone conference calls, video or other electronic devices or medium for program review.

(10) The classification specialist shall give the program review decision to the inmate in writing.

DOC 302.18 Appeals. (1) An inmate may appeal procedural issues relating to custody classification, transfer, institution placement, and program or treatment assignment to the director within 30 days of the inmate's receipt of the written decision.

(2) The director shall respond to an appeal within 30 days following written receipt of the appeal.

DOC 302.19 Transfers. (1) The director may transfer an inmate to any facility authorized by the department.

(2) The director may transfer an inmate based solely on the availability of beds and security needs of the department.

(3) When an inmate is removed from an institution for a medical, clinical, or security emergency, the inmate may be segregated from the general inmate population. If the department is unable to do so, the inmate may be transferred to a county jail or other confinement facility pending the results of the disciplinary hearing or review of the inmate's custody classification and program assignment. If the jail or other facility is unable or unwilling to retain an inmate, the inmate may be transferred to another placement pending the placement in an institution within the department.

(4) If an inmate is not transferred in accordance with s. DOC 302.17, the department shall review the custody and institution placement as provided under s. DOC 302.17 within 10 working days following the decision that prompted the transfer.

(5) Notwithstanding s. DOC 302.17, when the PRC screens an inmate to determine eligibility for transfer to another institution, or decides to transfer the inmate to another institution, the inmate is not entitled to know the criteria or factors upon which the decisions are based if the department determines that release of the criteria would threaten the security of the prison system.

DOC 302.20 Recordkeeping. (1) The director, section chief or a classification specialist may record information concerning an inmate between regularly scheduled PRC regarding:

(a) Program or treatment assignments.

(b) Progress of program or treatment assignment.

(d) Mental health.

(e) Conduct and adjustment.

(f) Placement.

(g) Custody level.

(2) The classification specialist shall provide the inmate a copy of the record and shall permit the inmate to provide information at the next regularly scheduled program review.

DOC 302.205 Emergency suspension of rules. The secretary may temporarily suspend the rules specified in this chapter if the warden determines that there is a disturbance or an emergency.

Appendix

Note: DOC 302.05. Section DOC 302.05 identifies the five custody classifications used in Wisconsin. Each of the five categories reflect the different level of risk portrayed by the inmate based on the purpose of custody classification as explained in s. DOC 302.04 and assessed on each of the factors presented in ss. DOC 302.07 and 302.08. Each institution determines its own method for day to day supervision to respond to the risk presented by the inmate's behavior, conduct and activities.

Note: DOC 302.11. Among the objectives of the correctional system are protection of the public through appropriate correctional supervision and the reassimilation of the inmate into the community. These require an assessment of the inmate's needs and objectives, assignment to an appropriate institution and program, motivation of the inmate, and periodic review of the inmate's progress. The A&E process is the initial effort to orient, classify and assign inmates in the Wisconsin correctional system. Its purposes are stated in s. DOC 302.11.

Note: DOC 302.17. Section. DOC 302.17 states the procedure and decision making authority for decisions concerning the ongoing academic, vocational, medical, clinical, social, offense-related or other treatment needs of an inmate. The authority of staff to classify and transfer inmates is broad.

To ensure a fair, informed decision, the process has the following elements: