DOC 328.27(2)(a) (a) For investigation of an alleged violation of a rule or condition of supervision.

DOC 328.27(2)(b) (b) After an alleged violation to determine whether to commence revocation proceedings.

DOC 328.27(2)(c) (c) For disciplinary purposes.

DOC 328.27(2)(d) (d) To prevent a possible violation by the offender.

DOC 328.27(2)(e) (e) Pending placement in a program as an alternative to revocation.

DOC 328.27(3) (3) Length of detention. An offender may be detained in accordance with one or more of the following:

DOC 328.27(3)(a) (a) Except as provided in sub. (6) and (7), an agent may authorize the detention of an offender under sub. (1) or (2) for a maximum of 5 working days.

DOC 328.27(3)(b) (b) A supervisor may approve additional detention for a maximum of 5 working days.

DOC 328.27(3)(c) (c) A regional chief may approve detention for an additional 5 working days.

DOC 328.27(3)(d) (d) The administrator may authorize detention beyond the foregoing time limits.

DOC 328.27(3)(e) (e) An offender detained under sub. (2) (c) may be detained with supervisory approval for only a maximum of 5 working days.

DOC 328.27(3)(f) (f) This subsection does not apply to detentions pending final revocation which are authorized by an agent’s immediate supervisor under s. DOC 331.05 (7) when a preliminary hearing is not held pursuant to s. DOC 331.05 (2).

DOC 328.27(4) (4) Custody decisions. Custody decisions during revocation proceedings shall be made in accordance with s. DOC 331.05 (7).

DOC 328.27(5) (5) Detention in a state correctional facility. The department may detain an offender on parole, extended supervision, or on felony probation with an imposed and stayed sentence in a state correctional institution including a probation and parole holding facility pending revocation proceedings.

DOC 328.27(5)(a) (a) For placement of an offender in a state correctional facility other than a probation and parole holding facility, the regional chief shall make a detention request to the director of the bureau of offender classification and movement in the division of adult institutions. The request shall include both of the following:

DOC 328.27(5)(a)1. 1. Court case information that permits legal admission for detention under this subsection.

DOC 328.27(5)(a)2. 2. Reason for requested detention in a state correctional institution rather than a county facility.

DOC 328.27(5)(b) (b) The director of the bureau of offender classification and movement shall review the request and determine whether admission for detention in a state correctional institution will be authorized.

DOC 328.27(6) (6) Custody of an offender on lifetime supervision. The department may take an offender on lifetime supervision into custody under sub. (1) or (2) (a) for as long as reasonably necessary to investigate a possible violation of a condition or regulation of lifetime supervision. The department may hold an offender in custody for a maximum of 72 hours following completion of the investigation in order to refer the offender to the appropriate prosecuting agency for commencement of prosecution under s. 939.615 (7), Stats.

DOC 328.27(7) (7) Short-term sanctions.

DOC 328.27(7)(a) (a) The department may confine an offender on probation, parole, or extended supervision beyond the time limits provided under sub. (3) as a sanction when both of the following occur:

DOC 328.27(7)(a)1. 1. The offender admits to the violation in writing.

DOC 328.27(7)(a)2. 2. The regional chief or designee approves of the sanction.

DOC 328.27(7)(b) (b) The sanction may be served within a county jail if the sheriff approves.

DOC 328.27(7)(c) (c) Confinement under the sanction will not exceed 90 days.

DOC 328.27(7)(d) (d) Consistent with goals and requirements set forth in s. 301.03 (3) (b), Stats., the department will adopt an evidence-based response to violations.

DOC 328.27 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13; CR 18-062: am. (7) (title), (a) (intro.), cr. (7) (d) Register October 2019 No. 766, eff. 11-1-19.

DOC 328.28 DOC 328.28 Psychotropic medication as a condition of supervision. The purpose of this section is to provide a process for imposing a condition of supervision that requires compliance with prescribed psychotropic medications.

DOC 328.28(1) (1) Psychotropic medication as a condition of supervision. Psychotropic medication may be made a condition of supervision only when one of the following applies: