DOC 302.17 DOC 302.17 Reclassification procedure.

DOC 302.17(1) (1) Reclassification hearings shall be conducted by a reclassification committee to determine custody, institution placement, program need, and the date of the next reclassification hearing.

DOC 302.17(2) (2) The director may alter the scope, purpose, and duration of the reclassification process to meet security, resource, or bed needs of the department.

DOC 302.17(3) (3) Before a reclassification hearing is conducted, institution staff designated by the warden or superintendent shall do all of the following:

DOC 302.17(3)(a) (a) Collect, investigate and document information necessary to evaluate risk and need factors under ss. DOC 302.11 and 302.13.

DOC 302.17(3)(b) (b) Complete department required risk and need instruments.

DOC 302.17(3)(c) (c) Conduct an interview with the inmate that allows the inmate an opportunity to provide information about custody, program need, or institution placement.

DOC 302.17(3)(d) (d) Prepare a report for the reclassification hearing that includes all of the following:

DOC 302.17(3)(d)1. 1. The reason for the review and the facts being considered.

DOC 302.17(3)(d)2. 2. A summary of the information gathered through pars. (a), (b) and (d).

DOC 302.17(3)(d)3. 3. A recommendation of custody, program needs, and institution placement.

DOC 302.17(3)(d)4. 4. A statement as to whether the inmate wants to appear or waive attendance at the reclassification hearing.

DOC 302.17(4) (4) The classification specialist shall conduct a reclassification hearing that ensures all of the following:

DOC 302.17(4)(a) (a) The inmate has been informed of the reason for the review.

DOC 302.17(4)(b) (b) Completion of the requirements under sub. (3).

DOC 302.17(4)(c) (c) The inmate has been afforded an opportunity to provide information about custody, program need, or institution placement.

DOC 302.17(4)(d) (d) Review of information obtained in sub. (3).

DOC 302.17(4)(e) (e) The inmate has been advised of the reclassification hearing recommendation regarding custody classification, program needs, institution placement and next reclassification hearing date.

DOC 302.17(4)(f) (f) Production of a report that includes all of the following:

DOC 302.17(4)(f)1. 1. A reason for the inmate’s absence if not present during the hearing.

DOC 302.17(4)(f)2. 2. A reason for the hearing and the facts considered.

DOC 302.17(4)(f)3. 3. The reclassification hearing staff comments regarding custody, program need, and institution placement.

DOC 302.17(4)(f)4. 4. Documentation of information used to evaluate and support risk and need factors under ss. DOC 302.11 and 302.13.

DOC 302.17(4)(f)5. 5. A recommendation of custody classification, program needs, and institution placement.

DOC 302.17(4)(f)6. 6. A recommended date for a reclassification hearing not to exceed 12 months from the date of the classification hearing.

DOC 302.17(5) (5) A change in an inmate’s custody or institution placement requires a unanimous recommendation by the reclassification committee. If the committee cannot reach an unanimous recommendation, the classification specialist shall refer the case to the classification sector chief and the warden for a recommendation. If the classification sector chief and the warden cannot reach a unanimous recommendation, the classification sector chief shall refer the case to the director for decision.

DOC 302.17(6) (6) A recommendation for program need assignment requires a majority consent by the reclassification committee. If the committee cannot reach a majority recommendation, the classification specialist shall refer the case to the classification sector chief and the warden for a recommendation. If the classification sector chief and the warden cannot reach a unanimous recommendation, the classification sector chief shall refer the case to the director for decision.

DOC 302.17(7) (7) The classification specialist may suspend a hearing to investigate any issue affecting custody classification, institution placement, or program need.

DOC 302.17(8) (8) If an inmate is unable to be physically present for the interview under sub. (3) (c) or the hearing under sub. (4), the department may utilize technology such as telephone, video, or other electronic devices to meet the requirements of this section.