Chapter DOC 309

DOC 309.55 DOC 309.55 Compensation.

DOC 309.55(1) (1) Purposes and applicability.

DOC 309.55(1)(a) (a) Except as provided under sub. (7), this section shall govern compensation for inmates participating in approved work and program assignments while confined in a correctional institution. This section does not apply to corrections industries or the prison farms. Inmates participating in work and program assignments are not employees of the state.

DOC 309.55(1)(b) (b) The purposes of this section are:

DOC 309.55(1)(b)1. 1. To provide uniform and fair compensation standards to encourage and reinforce positive inmate behavior;

DOC 309.55(1)(b)2. 2. To enable inmates to make purchases from the canteen and accumulate funds to assist them upon their release;

DOC 309.55(1)(b)3. 3. To encourage inmates to complete their assignments successfully;

DOC 309.55(1)(b)4. 4. To promote institutional order by providing inmates with an incentive for good behavior; and

DOC 309.55(1)(b)5. 5. To encourage inmates to develop skills that will be useful in helping them to become reintegrated into the community upon release.

DOC 309.55(2) (2) Definitions. In this subsection:

DOC 309.55(2)(a) (a) “Full performance level” means the maximum level of performance expected on a work assignment or program assignment other than school or vocational training in terms of skills exhibited, output achieved, responsibility, diligence and effort shown, and level of supervision required.

DOC 309.55(2)(b) (b) “Program assignment” means a placement in a school, vocational training or other program to which the inmate has been assigned by a program review committee in accordance with ch. DOC 302.

DOC 309.55(2)(c) (c) “Range” means the ranking established by an institution for a work assignment or for a program assignment other than school or vocational training, based on the skill and responsibility required for the assignment.

DOC 309.55(3) (3) Eligibility. Except as provided under sub. (7), only inmates participating in approved work and program assignments while confined in a correctional institution shall be compensated.

DOC 309.55(4) (4) Exceptions. No compensation may be paid under this section to an inmate who:

DOC 309.55(4)(a) (a) Participates in a work release program approved under ch. DOC 324, unless the inmate participates in a work or program assignment in a correctional institution in addition to the work release program;

DOC 309.55(4)(b) (b) Participates in a work or program assignment while assigned to the assessment and evaluation program at Dodge correctional institution;

DOC 309.55(4)(c) (c) Refuses any work or program assignment;

DOC 309.55(4)(d) (d) Is voluntarily unassigned; or

DOC 309.55(4)(e) (e) Is placed in one of the following segregated statuses:

DOC 309.55(4)(e)1. 1. Voluntary confinement under s. DOC 306.05, unless the inmate requested placement in this status upon the recommendation or approval of the security director for the purpose of ensuring the inmate’s personal safety and the inmate was receiving pay immediately prior to placement in voluntary confinement;

DOC 309.55(4)(e)2. 2. Administrative confinement under ch. DOC 308, if the inmate was not receiving pay immediately prior to that placement and is not participating in an approved work or program assignment while in administrative confinement;

DOC 309.55(4)(e)3. 3. Observation under ch. DOC 311, if the inmate was not receiving pay immediately prior to that placement and is not participating in an approved work or program assignment while in observation status;

DOC 309.55(4)(e)4. 4. Disciplinary separation under s. DOC 303.73.

DOC 309.55(4)(e)5. 5. Controlled separation under s. DOC 303.74.

DOC 309.55(5) (5) Work assignment pay plan.

DOC 309.55(5)(a) (a) Each institution shall rank its work assignments on a scale of one to 5 based on the level of skill and responsibility required by each assignment. Range 5 shall include work assignments requiring the most skill and responsibility and range one shall include work assignments requiring the least. The department shall ensure that the ranking of comparable work assignments within an institution is consistent. The range of the work assignment shall determine the pay rate for the full performance level of the work assignment.

DOC 309.55(5)(b) (b) The number of work assignments an institution may have in each range may vary to meet institutional needs, but an institution may not exceed the total allocation of work assignment funds made available to it on the basis of the percentages in Table 309.55.

- See PDF for table

DOC 309.55(5)(c) (c) Compensation for inmates in work assignments shall be computed on an hourly basis. The department shall determine an hourly pay rate for the full performance level of each range. The hourly pay rate for work assignments requiring more skill and greater responsibility shall be higher than the hourly pay rate for work assignments requiring less skill and responsibility.

DOC 309.55(5)(d) (d) The department shall set hourly pay rates for weekend and legal holiday work which are higher than the full performance level pay rates determined under par. (c).

DOC 309.55(5)(e) (e) Institutions may vary compensation rates for inmates working in comparable work assignments at less than the full performance level based on individual work performance. If an inmate is compensated at less than the full performance level pay rate under this paragraph, the inmate’s supervisor shall evaluate the inmate’s performance in writing at least once a month until the inmate is paid at the full performance level pay rate. The criteria to be used in evaluating the inmate’s work performance include, but are not limited to, the following:

DOC 309.55(5)(e)1. 1. Attitude toward fellow employees and staff;

DOC 309.55(5)(e)2. 2. Initiative and ability to perform assignments with minimal supervision;

DOC 309.55(5)(e)3. 3. Punctuality and attendance;

DOC 309.55(5)(e)4. 4. Quality of performance of assigned duties;

DOC 309.55(5)(e)5. 5. Diligence in applying one’s self to an assignment and willingness to acquire and apply job skills;

DOC 309.55(5)(e)6. 6. Conduct as it relates to the job assignment; and

DOC 309.55(5)(e)7. 7. Improvement.

DOC 309.55(5)(f) (f) Each institution may establish a probationary period, not to exceed 6 months, during which an inmate may be compensated at a lower rate of pay than the full performance rate for the work assignment. The pay rate may not be lower than the pay rate 2 ranges below the full performance level of the work assignment.

DOC 309.55(5)(g) (g) In exceptional circumstances, such as an inmate demonstrating a substantial improvement in effort shown or output achieved, the superintendent, upon the recommendation of the inmate’s supervisor, may compensate an inmate working above the full performance level at a higher pay rate than the full performance rate for the work assignment.

DOC 309.55(6) (6) Program assignment pay plan.

DOC 309.55(6)(a) (a) The department shall establish a single uniform pay rate higher than the pay rate for range one of work assignments for all inmates whose primary program assignment is to a school or vocational training program and who are adequately performing their school or vocational training assignments. An inmate’s supervisor shall periodically evaluate the performance of an inmate participating in a school or vocational training assignment. Criteria to be used in evaluating program performance include, but are not limited to, skills exhibited, output achieved, responsibility, diligence and effort shown, and level of supervision required. To the extent necessary because of the unique requirements of a school or vocational training assignment, the supervisor shall establish additional reasonable criteria consistent with the necessary skills and responsibilities of that assignment. An inmate who does not meet the established performance criteria for an adequate performance level shall be compensated using the pay rate for a range one work assignment.

DOC 309.55(6)(b) (b) Each institution shall rank and establish pay rates for the full performance level of program assignments other than school or vocational training. The department shall ensure that the ranking within an institution of comparable program assignments other than school or vocational training is consistent. An inmate’s supervisor shall periodically evaluate the performance of an inmate participating in a program assignment. Institutions may vary compensation rates based on individual performance evaluations for inmates working at less than the full performance level in comparable program assignments other than school or vocational training.

DOC 309.55(6)(c) (c) Each institution may establish a probationary period, not to exceed 6 months, during which an inmate may be compensated at a lower pay rate than the pay rate established for adequate performance of the school or vocational training assignment or full performance of the program assignment that is not school or vocational training. The probationary period pay rate may not be lower than 2 ranges below the adequate performance level of the school or vocational training assignment or the full performance level of the program assignment that is not school or vocational training.

DOC 309.55(6)(d) (d) Compensation for inmates in program assignments shall be determined on a daily basis. For purposes of determining daily pay for inmates in program assignments:

DOC 309.55(6)(d)1. 1. Full-time vocational training and school programs are equivalent to 7 hours a day;

DOC 309.55(6)(d)2. 2. Full-time program assignments other than vocational training and school are equivalent to 8 hours a day;

DOC 309.55(6)(d)3. 3. Half-time programs are equivalent to 4 hours a day; and

DOC 309.55(6)(d)4. 4. Quarter-time programs and programs which are less than quarter time are equivalent to 2 hours a day.

DOC 309.55(7) (7) Special categories.

DOC 309.55(7)(a) (a) Unless otherwise specified in this section, the department shall establish a uniform compensation rate less than that for range one work assignments for inmates who are:

DOC 309.55(7)(a)1. 1. Involuntarily unassigned;

DOC 309.55(7)(a)2. 2. In sick cell status;

DOC 309.55(7)(a)3. 3. In hospital placement, including inmates transferred to mental health or medical facilities;

DOC 309.55(7)(a)4. 4. Unable to perform work assignments, such as elderly or disabled inmates, and not otherwise assigned under this section; or

DOC 309.55(7)(a)5. 5. In voluntary confinement status if that status was requested by the inmate upon the recommendation or approval of the security director for the inmate’s personal safety and the inmate was receiving pay immediately prior to the placement in voluntary confinement.

DOC 309.55(7)(b) (b) An inmate who is in sick cell status or hospital confinement as a result of injury sustained in a job-related accident shall be compensated at the rate he or she was earning in his or her previous status.

DOC 309.55(8) (8) Status changes. An inmate in temporary lockup shall be compensated at the rate earned in his or her previous status. An inmate in administrative confinement or observation status and eligible for compensation under this section shall receive the rate earned in his or her previous status.

DOC 309.55(9) (9) Lockdowns. An inmate who has a work or program assignment shall be compensated for the period of any lockdown required for search of an institution pursuant to ch. DOC 306, unless the lockdown is precipitated by the misconduct of any inmate, in which case, under s. DOC 306.14 (2), only those inmates allowed to work to perform necessary housekeeping chores shall be compensated.

DOC 309.55 Note Note: DOC 306.14 (2) was repealed eff. 8-1-01.

DOC 309.55 History History: Cr. Register, October, 1981, No. 310, eff. 11-1-81; r. and recr. Register, June, 1989, No. 402, eff. 7-1-89; CR 11-022: r. (4) (e) 4. to 6., cr. (4) (e) 4., 5. Register September 2014 No. 705, eff. 1-1-15; correction in (4) (e) 1. made under s. 13.92 (4) (b) 7., Stats., Register February 2019 No. 758.

DOC 309.61 DOC 309.61 Religious beliefs and practice.

DOC 309.61(1) (1) General principles.

DOC 309.61(1)(a) (a) The department may not discriminate against an inmate or an inmate group on the basis of the inmate’s or group’s religious beliefs. The department recognizes that religious beliefs can provide support to inmates which may aid in their adjustment to institutional life and can lead to development of community ties which may aid in the inmates’ successful reintegration into the community upon release.

DOC 309.61(1)(b) (b) Inmates may pursue lawful religious practices required or encouraged by their respective religions which are consistent with their orderly confinement, the security of the institution and fiscal limitations.

DOC 309.61(1)(c) (c) The department may not require inmates to participate in religious activities and may not maintain information concerning an inmate’s religious activities other than records required for administrative purposes.

DOC 309.61(1)(d) (d) To the extent feasible, institutions shall make facilities and other resources available to inmates for religious practices permitted under sub. (2).

DOC 309.61(2) (2) Inmate participation in religious practices.

DOC 309.61(2)(a) (a) An inmate who wants to participate in religious practices that involve others or that affect the inmate’s appearance or institution routines shall submit a written request to the superintendent for permission to participate in specific religious practices. The request shall include a statement that the inmate professes, or adheres to, a particular religion and shall specify the practices of the religion in which the inmate requests permission to participate.

DOC 309.61(2)(b) (b) Upon receipt of the request, the superintendent, with the assistance of the chaplain or designated staff person with appropriate religious training, shall determine if the request is motivated by religious beliefs.

DOC 309.61(2)(c) (c) In determining whether the request is motivated by religious beliefs, the superintendent may consider:

DOC 309.61(2)(c)1. 1. Whether there is literature stating religious principles that support the beliefs; and

DOC 309.61(2)(c)2. 2. Whether the beliefs are recognized by a group of persons who share common ethical, moral or intellectual views.

DOC 309.61(2)(d) (d) In determining whether the request is motivated by religious beliefs, the superintendent may not consider:

DOC 309.61(2)(d)1. 1. The number of persons who participate in the practice;

DOC 309.61(2)(d)2. 2. The newness of the beliefs or practices;

DOC 309.61(2)(d)3. 3. The absence from the beliefs of a concept of a supreme being; or

DOC 309.61(2)(d)4. 4. The fact that the beliefs are unpopular.

DOC 309.61(2)(e) (e) If the superintendent determines that the request is not motivated by religious beliefs, he or she shall deny the request.

DOC 309.61(2)(f) (f) If the superintendent determines that the request is motivated by religious beliefs, he or she shall grant permission to participate in practices that are consistent with orderly confinement, the security of the institution and fiscal limitations.

DOC 309.61(2)(g) (g) The superintendent shall establish guidelines consistent with this section to govern inmate participation in religious practices and the guidelines shall be posted in a conspicuous place or distributed to all inmates.

DOC 309.61(3) (3) Religious services and prayers. To the extent feasible, each superintendent, upon the recommendation of the chaplain or designated staff person with appropriate religious training, shall arrange the institution’s schedule so that inmates may attend religious services, pray or meditate at the times prescribed or encouraged by their religion.

DOC 309.61(4) (4) Chaplains.

DOC 309.61(4)(a) (a) The superintendent may employ one or more chaplains to coordinate and supervise the institution’s religious programs.

DOC 309.61(4)(b) (b) The chaplain shall hold services, provide counseling and provide other pastoral services or shall arrange for other qualified persons to provide these pastoral services.

DOC 309.61(4)(c) (c) The chaplain or designated staff person with appropriate religious training shall develop and maintain close relationships with religious resources from outside the institution and shall encourage religious groups from outside the institution to take part in institution religious activities.

DOC 309.61(4)(d) (d) The superintendent, upon the recommendation of the chaplain or designated staff person with appropriate religious training, may permit representatives of religious groups from outside the institution to visit inmates, hold services, provide counseling, perform marriages and provide other services commonly provided by chaplains. The superintendent may compensate these representatives.

DOC 309.61(5) (5) Religious literature. Religious literature transmitted through the U.S. mail or otherwise distributed shall be delivered to inmates unless the security director has reasonable grounds to believe that the literature will jeopardize the safety of the institution or that the literature promotes illegal activity.