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:

DOC 328.28(1)(a) (a) Following commitment proceedings during which the offender has been found not competent to refuse psychotropic medication.

DOC 328.28(1)(b) (b) With the consent of a guardian who is able to authorize treatment of the offender with psychotropic medication.

DOC 328.28(1)(c) (c) Following a department hearing under this section, approving a condition requiring the offender’s compliance with prescribed psychotropic medication.

DOC 328.28(1)(d) (d) When the offender waives a department psychotropic medication hearing under this section.

DOC 328.28(1)(e) (e) When ordered by a court of law.

DOC 328.28(2) (2) Criteria for requesting a hearing. An agent shall request approval for a hearing from a regional chief to determine the need for requiring psychotropic medication as a condition of supervision when all of the following apply:

DOC 328.28(2)(a) (a) The use of psychotropic medication is medically indicated.

DOC 328.28(2)(b) (b) The offender refuses to take psychotropic medication.

DOC 328.28(2)(c) (c) The offender does not waive the hearing.

DOC 328.28(3) (3) Notice of hearing. The offender shall receive written notice of the hearing at least 24 hours in advance. The notice shall include all of the following: