Pursuant to 45.4(2) a parole officer, with supervisory approval, may arrest a parolee when there is probable cause to believe the parolee has violated conditions of parole which may result in parole revocation. The arresting agent may request temporary detention of the parolee in a local detention facility. A parole officer may also proceed without arrest by filing a complaint with the Iowa board of parole pursuant to Iowa Code section 908.8. When a parolee is arrested the agent shall immediately notify the board of parole. Under 45.4(3), upon receipt of information that a parolee has absconded from supervision, preliminary parole violation information shall immediately be filed with a judge, an associate judge, or a magistrate and a warrant for arrest requested. DOC 328 has similar provisions for the arrest and temporary detention of a parolee, outlined in 328.29. However, Wisconsin includes more detailed provisions for such arrests and requirements for the conduct of correctional staff during such arrests.
Discharge from Parole: Pursuant to 20 IAC 205-13.1, an offender released on parole will be discharged when the person's term of parole equals the period of imprisonment specified in the person's sentence, less all time served in confinement. However, discharge from parole may be granted earlier, if appropriate. There are some exceptions: a person convicted of a violation of the Iowa Code section 709.3, 709.4, or 709.8 committed on or with a child, or a person serving a sentence under section 902.12, shall not be discharged from parole until the person's term of parole equals the period of imprisonment specified in the person's sentence, less all time served in confinement.
Wisconsin's discharge requirements differ slightly from Iowa's. Pursuant to DOC 328.16, the Department of Corrections must comply with certain discharge requirements depending on whether the discharged offender is a felon, misdemeanant, or probationer. For felons, the department must issue a certificate of discharge or a certificate of final discharge if the offender has discharged from all felony cases. The offender shall receive 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. For misdemeanants, the department notify the offender that their period of supervision has expired. For probationers, the department shall notify the sentencing court that the period of probation supervision has expired.
Pursuant to DOC 328.17(1), the Department of Corrections may grant an offender 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. In making this determination, the department will consider whether the goals and objectives of supervision have been satisfied, for offenders on probation, the offender has served at least fifty percent of the term of probation, for offenders on parole, the offender has reached their mandatory release date or has been under supervision for two years.
In Wisconsin, an offender on extended supervision is not eligible for early discharge under this section if convicted of any of the following offenses: Class B felony offenses, or violations of s.
940.03,
940.06,
940.11(1),
940.235,
940.302,
940.31(1),
940.32(3),
941.21,
946.465,
948.03(2)(a),
948.40(4)(a), Stats., or offenses against elderly or vulnerable persons as defined in s.
939.22(20d), Stats., offenses related to ethical government, as defined in s.
939.22(20m), Stats., or offenses related to school safety as defined in s.
939.22(20s). Offenders serving a life sentence are eligible for discharge as provided by s.
973.013(2) Stats. The department may not discharge an offender on lifetime supervision under s.
939.615. Notwithstanding these requirements, the department may grant an early discharge if extraordinary circumstances exist.
Under 205 IAC 9.2-9.3, Iowa has a unique certificate of employability program, the goal of which is to maximize the opportunities for rehabilitation and employability of offenders and provide protection of the community while considering the needs of potential employers. Upon the successful completion of the required programming and receipt of a positive recommendation from the Department of Corrections or community-based corrections in the state of Iowa, participants receive certificates of employability. The board will not issue any certificate of employability unless it is satisfied that the person to whom it is to be granted is an eligible offender, the relief to be granted by the certificate is consistent with the employability of the eligible offender and the relief to be is consistent with the public interest.
In Iowa, when an inmate is discharged, paroled, or placed on work release, the warden or superintendent furnishes the inmate, at state expense, appropriate clothing and transportation to the place in this state indicated in the inmate's discharge, parole, or work release plan. Similarly, as provided in section 904.508, the warden or superintendent will provide the inmate, at state expense or through inmate savings, $100 upon parole release and $50 upon work release.
Michigan
Definitions: Pursuant to Chapter R 791.9901 of the Michigan Administrative Code, “offender" means a person convicted of a felony or misdemeanor. Wisconsin has a more expansive definition of offender: “a person who is committed to the custody of the department for correctional purposes and is under community supervision of the department." Unlike Michigan, Wisconsin's code does not include definitions of probationer, probation agent, or probation plan. Wisconsin has the term “community supervision" which encompasses the control and management of offenders on probation, parole, extended supervision or other statuses as authorized by court order or statute.
Supervision Procedures: Pursuant to R 791.9920, when an offender is placed on probation, the supervising probation agent provides the offender with a copy of the order and informs the offender of the statutory conditions, as well as all of the terms and conditions contained in the order, and the possible consequences of a failure to adhere to the conditions of probation. For the purpose of monitoring the probationer's adjustment while on probation, the probation agent may 1) inquire into the probationer's employment status, including, but not limited to, the probationer's performance on the job, relationships with fellow employees, and relationships with supervisors 2) conduct interviews with probationer, members of the probationer's family, and acquaintances, 3) make other reasonable inquiries to determine whether the objectives of probation are being met. DOC 328.04 includes a similar, but more expansive list of individualized supervision duties, including the responsibility to collect restitution and other court ordered financial obligations, and fees as and to report suspected child abuse cases to the appropriate authorities
In Michigan, if it appears to the probation agent that a modification of the terms or conditions of probation is necessary to achieve the objectives of probation, the agent may petition the sentencing court for a modification of the probation order. The petition must contain a clear statement of the requested modification and the reason for the change. The agent must provide the probationer with a copy of the modified order of probation and shall explain the changes made by the modified order to the probationer.
The Michigan Parole Board considers a variety of factors when deciding if parole is appropriate in a particular case, such as family and community ties, pending charges, and education level. A prisoner being considered for parole shall receive psychological or psychiatric evaluation before the release decision is made if the prisoner has been hospitalized for mental illness within the past two years, has a history of predatory or assaultive sexual offenses, or a history of serious or persistent assaultiveness within the investigation. The board may also consider the prisoner's marital history and prior arrests that did not result in conviction or adjudication of delinquency. However, denial of parole cannot be based solely on either of these factors.
Unlike Michigan, DOC 328.07 sets forth a schedule of supervision fees for offenders based on their gross annual income. DOC 328 also includes detailed provisions outlining the criteria for refunds and exemption from supervision fees.
Parole Release Hearings: Unlike in Wisconsin, parole boards in Michigan are divided into panels comprised of three members each. The boards are charged with making parole release, revocation, and rescission decisions for prisoners serving indeterminate sentences, except for decisions under section 34(4) of Act No. 232 of the Public Acts of 1953, as amended. The decisions specified in this subrule are by a concurrence of the majority of the parole board panel members. Panel decisions are made by a concurrence of the majority of the parole board members.
Unlike Wisconsin, the Michigan Code does not include detailed provisions regarding discharge from parole. Similarly, the Michigan Code does not include any provision that reflects the psychotropic medication hearing procedures outlined in DOC 328.28. The Michigan Code does not provide detailed enforcement rules, as does DOC 328, nor does it include specific provisions regarding travel out of state and abroad or voluntary return to an institution.
Minnesota
Definitions: The Minnesota Administrative Code employs the terms “probation" and “parole," while Wisconsin uses “community supervision" to encompass the control and management of offenders on probation, parole, extended supervision or other statuses as authorized by court order or statute.
Parole Release Hearings: All needs assessments, programs, and projected release plans must be in writing and the central office file copy must be forwarded to the hearings and release unit for informational purposes. All conditions of parole or supervised release shall be imposed by the executive officer of hearings and release.
Pursuant to the Minnesota Administrative Code, Section 2940.0300, Minnesota established a hearings and release unit to coordinate, monitor, and ensure uniformity and objectivity in the decisions of parole, supervised release, and work release. The commissioner of the unit has delegated to the executive officer of hearings and release the authority to grant parole and work release, to revoke parole, work release, and supervised release, to discharge persons under indeterminate sentences; and to approve the conditions of parole, work release, and supervised release.
Program teams are a unique feature of Minnesota's parole system. Pursuant to Section 2940.0500, each institution has one or more program review teams appointed by the institution superintendent or warden with one member of each team shall be designated as the chair. Program teams perform the following functions with regard to each inmate: 1) develop a needs assessment 2) develop a program plan 3) develop projected release plans 3) develop institutional transfer recommendations 4)develop recommendations for work release and prerelease 4) develop recommendations for work release 5) conduct program plan progress reviews at least once every 12 months 6) modify needs assessment or program plans as required 7) develop conditions of parole or supervised release jointly with the inmate's assigned field agent, and conduct reentry reviews.
Pursuant to 2940.0700, all needs assessments, program, and projected release plans must be in writing and the central office file copy must be forwarded to the hearings and release unit for informational purposes. All conditions of parole or supervised release shall be imposed by the executive officer of hearings and release.
Moreover, 2940.1700 dictates that progress reviews shall be completed annually on all offenders on parole or supervised release status by the supervising agent. Unless the expiration date occurs earlier, offenders on parole status shall be considered for discharge when consistent with public safety.
In Minnesota, the executive officer of hearings has the authority, with the exception of those inmates under life sentences, to grant parole and work release and discharge inmates with indeterminate sentences, approve or modify conditions of parole or supervised release as developed by the program review teams, restructure conditions of parole or supervised release, revoke parole, supervised release, and work release status, issue warrants for the apprehension of parolees, supervised releasees, and work releasees, authorize the extradition of absconders from parole, supervised release, and work release; and issue revocation orders to stop time on parolees, supervised releasees, and work releasees who have absconded and to start the time running on the inmates' sentences.
Unlike Wisconsin, the Minnesota Code does not include detailed provisions regarding discharge from parole. Similarly, the Minnesota Code does not include any provision that reflects the psychotropic medication hearing procedures outlined in DOC 328.28. The Michigan Code does not provide detailed enforcement rules, as does DOC 328, 8, nor does it include specific provisions regarding travel out of state and abroad or voluntary return to an institution.
Summary of the factual data and analytical methodologies
The department of corrections has determined that the rule will not have a significant economic impact on a substantial number of small businesses since the rule does not regulate small businesses as that term is defined in s.
227.114, Stats.
Any analysis and supporting documents used in determination of effect on small businesses
Not applicable.
Effect On Small Businesses
Not applicable.
Fiscal Estimate
State fiscal effect
None.
Local government fiscal effect
None.
Text Of Rule
Subchapter I — General Provisions
DOC 328.01 Purpose. The purpose of this chapter is to provide rules, services, and programs for offenders who are under supervision of the department. All of the following specific goals and objectives assist the department in fulfilling this purpose:
(1) To supervise offenders to the extent necessary to meet public, victim, staff, and offender safety responsibilities.
(2) To assist in providing opportunities to achieve the critical success factors of residence, employment, appropriate treatment and general stability in living situation.
(3) To assist in providing access to community-based programs for offenders on community supervision.
(4) To establish necessary guidelines, procedures, and controls to maintain program, staff, and fiscal accountability and to promote program efficiency and effectiveness.
(5) To cooperate with other agencies and communities in activities for the purpose of prevention of crime and victimization.
(6) To protect the health, rights and dignity of all offenders involved in the department's programs and activities.
DOC 328.02 Applicability. This chapter applies to the department and to offenders under the division's custody and supervision for correctional purposes. It implements ss.
165.76,
301.001,
301.03,
301.45,
301.46,
302.11,
302.113,
302.114 302.14,
302.19,
302.31,
302.335 304.06 (3),
304.072,
304.074,
304.075,
304.12,
304.13,
304.135,
304.137,
304.14,
939.615 941.29,
961.47,
971.17,
972.15,
973.01,
973.04,
973.06,
973.07,
973.08,
973.09,
973.10,
973.155,
973.20, Stats., and chapters 950 and 980, Stats.
DOC 328.03 Definitions. In this chapter:
(1) “Abscond" means the failure of an offender to make himself or herself available as directed by the agent.
(2) “Administrator" means the administrator of the division or designee.
(3) “Advocate" means a person who assists in the presentation of the offender's position, is independent, and able to act in an offender's best interest. The advocate may not be a person in the custody or under the supervision of the department or an employee of the department.
(4) “Agent" means an employee of the division who may be assigned the responsibilities under this chapter.
(5) “Alternative to revocation" means placement in a program or imposition of a sanction in lieu of revocation.
(6) “Bodily harm" means physical pain or injury, illness, or any impairment of physical condition.
(7) “Body contents search" means a search in which the offender is required to provide a biological specimen, including but not limited to a sample of urine, breath, blood, stool, hair, fingernails, saliva, semen, or other identifying physical material.
(8) “Collateral" means any person who has contact with or information about an offender.
(9) “Commitment term" or “term" means that period of time during which the offender is subject to the control and supervision of the department.
(10) “Community supervision" or “supervision" means the control and management of offenders on probation, parole, extended supervision or other statuses as authorized by court order or statute.
(11) “Conditions" means specific regulations imposed on the offender by the court or earned release review commission.
(12) “Contacts" means communications between an agent and an offender or collateral.
(13) “Contraband" means:
(a) Any item which the offender may not possess under the rules or conditions of the offender's custody or supervision; or
(b) Any item whose possession is forbidden by law.
(14) “Deadly force" means force which the user reasonably believes will create a substantial risk of causing death or great bodily harm to another.
(15) “Department" means the department of corrections.
(16) “Discharge" means the completion of the term of supervision by an offender.
(17) “Division" means the division of community corrections.
(18) “Extended supervision" means that portion of a bifurcated sentence that is ordered to be served on community supervision as provided in s.
973.01, Stats.
(19) “Extension" means the continuation of supervision by the sentencing court beyond the current discharge date.
(20) “Financial resources" of an offender means any income or assets from any source under the offender's sole or joint control.
(21) “Force" means the exercise of strength or power to overcome resistance or to compel another to act or to refrain from acting in a particular way. It includes the use of mechanical or physical power or strength.
(22) “Great bodily harm" means bodily injury which creates a substantial risk of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury.
(23) “Hearing examiner" means a person appointed to preside over a hearing to determine whether the department may impose a condition of supervision requiring compliance with prescribed psychotropic medication. The hearing examiner may not be currently involved in the offender's treatment, diagnosis, supervision, or the direct supervisor of the agent or psychiatrist treating the offender.
(24) ``Incapacitating agent" means any product or device commercially manufactured for the purpose of temporary control of an offender.
(25) “Interstate compact" means an agreement between Wisconsin and another state in the United States or territory of the United States which provides the means for community supervision of offenders between states as authorized under ss.
304.13,
304.135,
304.14 and
304.16 Stats.
(26) “Intoxicating substance" means anything which if taken into the body may alter or impair normal mental or physical functions.
(27) “Non-deadly force" means force which the user reasonably believes will not create a substantial risk of causing death or great bodily harm to another.
(28) “Offender" means a person who is committed to the custody of the department for correctional purposes and is under community supervision of the division.
(29) “Pat-down" means a frisk of the offender's body outside the clothing.
(30) “Personal search" means a search of an offender's person, including but not limited to the offender's pockets, an examination of the offender's shoes, hat and other clothing, and a visual inspection inside the offender's mouth.
(31) “Region" means a subunit of the division.
(32) “Regional chief" means an employee or designee of the division responsible for the administration of a region.
(33) “Reporting" means a contact between an agent and offender determined by the rules or conditions of supervision.
(34) “Revocation" means the removal of an offender from community supervision in accordance with ch.
DOC 331 and
HA 2.
(35) “Rules" means departmental regulations applicable to a specific offender under supervision.
(36) “School" means a public school under s.
115.01 (1), Stats., a charter school as defined in s.
115.001 (1), Stats., or a private school as defined in s.
115.001 (3r), Stats.
(37) “Secretary" means the secretary of the department or designee.
(38) “Standard business hours" means 7:45am to 4:30pm on a working day.
(39) “Supervision fees" means those financial obligations imposed on offenders pursuant to s.
304.073 and
304.074, Stats.
(40) “Supervisor" means an employee of the division responsible for the oversight and management of staff involved in direct supervision of offenders.
(41) “Tolled time" means the period of time between the date of an offender's violation and the date the offender's supervision is reinstated or revoked.
