DOC 333.08(3) (3) A “major offense” is a violation of one or more of the rules of supervision for which a major penalty may be imposed if the accused inmate is found guilty.

DOC 333.08(4) (4) A “minor offense” is any violation of one or more of the rules of supervision which is not a ‘major offense’ under sub. (5) or which a DIS supervisor has not classified as a major offense. If an offense not listed in sub. (5) is a ‘major offense’ for an inmate, it shall be identified as a ‘major offense’ in the DIS rules of supervision.

DOC 333.08(5) (5) Any violation of the following sections is a major offense:

- See PDF for table

DOC 333.08 History History: Cr. Register, February, 1993, No. 446, eff. 3-1-93.

DOC 333.09 DOC 333.09 Termination of DIS placement.

DOC 333.09(1) (1) If an inmate has been transferred to DIS from a state correctional facility under s. 301.048 (2), Stats., the placement in DIS may be terminated for any of the following reasons:

DOC 333.09(1)(a) (a) If there is a change of circumstances such as the loss, for any reason, of a job, school or treatment program.

DOC 333.09(1)(b) (b) If the department determines that the inmate has committed one or more of the following violations:

DOC 333.09(1)(b)1. 1. Violation of a state or federal statute or local ordinance.

DOC 333.09(1)(b)2. 2. Violation of the rules of any facility, institution or program in which the inmate is held or to which the inmate is assigned.

DOC 333.09(1)(b)3. 3. Violation of the DIS rules of supervision.

DOC 333.09(1)(c) (c) For any other reason, which, in the discretionary judgment of the department, is reasonably calculated to serve the interests stated in s. DOC 333.01.

DOC 333.09(2) (2) If an inmate is placed in DIS as an alternative to revocation of probation or parole pursuant to s. 301.048 (2) (am) 4., Stats., or is placed in DIS as a condition of parole by the parole commission pursuant to s. 301.048 (2) (am) 3., Stats., the placement in DIS shall be terminated if the inmate’s probation or parole is revoked under ch. DOC 331.

DOC 333.09 History History: Cr. Register, February, 1993, No. 446, eff. 3-1-93; corrections in (2) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612.

DOC 333.10 DOC 333.10 Termination procedure.

DOC 333.10(1) (1) The proposed termination of a DIS placement by DIS staff under s. DOC 333.09 (1) shall be reviewed by the PRC which shall consist of 2 or more members appointed by the administrator. The administrator may designate persons to sit as alternates.

DOC 333.10(2) (2) RC may recommend to the administrator or the administrator’s designee that the inmate’s DIS placement be terminated and the inmate returned to a type 1 prison or that the inmate be transferred to another community or another living arrangement or that any other appropriate action be taken. RC review of the inmate’s DIS placement shall be conducted in accordance with ss. DOC 302.17 and 302.19, except that “administrator or their designee” shall be substituted for “superintendent” in those provisions and no disciplinary hearing shall be held to determine if a violation has occurred. The decision of the administrator or the administrator’s designee shall be final.

DOC 333.10(3) (3) If the placement is to be terminated under s. DOC 333.09 (1) (b), the review process in s. DOC 333.08 (2) shall be completed before the placement is terminated.

DOC 333.10(4) (4) An inmate who has been removed from a DIS placement pending completion of the review procedure in s. DOC 333.08 (2) and who is found not guilty of the alleged violation shall be returned to the placement as soon as practicable following the determination.

DOC 333.10(5) (5) Prior to completion of the termination procedure or the revocation procedure under ch. DOC 331, the department may take any action it considers necessary for protection of the public including detention of the inmate in any state correctional institution, county jail or other facility that has agreed to hold DIS inmates in detention status, provided that the conditions for detention under s. DOC 333.11 are met.

DOC 333.10(6) (6) If an inmate is unable to attend work, school or treatment programs due to the termination procedure, DIS staff shall notify the appropriate school official, employer or treatment staff.

DOC 333.10 History History: Cr. Register, February, 1993, No. 446, eff. 3-1-93; CR 17-026: am. (2), Register June 2018 No. 750 eff. 7-1-18.

DOC 333.11 DOC 333.11 Detention for inmates in DIS placements.

DOC 333.11(1) (1) In this section, “detention” means secure or non-secure confinement in a Type 1 prison, jail, county reforestation camp, residential treatment facility or community-based residential facility under s. 301.048 (3) (a) 1., Stats.

DOC 333.11(2) (2) An inmate may be placed in detention by any DIS staff or by a law enforcement officer at the request of DIS staff and kept there if the decision maker is satisfied that it is more likely than not that one or more of the following is true:

DOC 333.11(2)(a) (a) If the inmate remains in the DIS placement, the inmate will seek to intimidate a witness in a pending investigation, disciplinary action or termination action.

DOC 333.11(2)(b) (b) If the inmate remains in the DIS placement, the inmate will encourage others by example, expressly, or by the inmate’s presence, to defy staff authority and thereby erode staff’s ability to control a particular situation.

DOC 333.11(2)(c) (c) If the inmate remains in the DIS placement, it will create a substantial danger to the physical safety of the inmate or another person.