DOC 328.22(7)(b)5.5. Any items seized pursuant to the search with documentation of chain of custody.
DOC 328.22(7)(b)6.6. Whether any damage was done to the premises or property during the search.
DOC 328.22(7)(c)(c) During searches an employee may read business records and personal mail of offenders. The employee may not read any privileged legal materials, including any communication between an offender and an attorney, or any materials prepared in anticipation of a lawsuit.
DOC 328.22(7)(d)(d) An employee may not forcibly enter any property to conduct a search.
DOC 328.22(8)(8)Seizure of body contents.
DOC 328.22(8)(a)(a) Only licensed or certified medical staff may take a blood or stool sample.
DOC 328.22(8)(b)(b) When the agent or supervisor requires the collection of a urine specimen to be observed, an employee of the same sex as the offender shall observe and collect the urine specimen.
DOC 328.22(8)(c)(c) Any trained employee may conduct breathalyzer tests or collect hair or other physical material samples.
DOC 328.22(8)(d)(d) A report of a test on a specimen of an offender’s urine, breath, blood, stool, hair, fingernails, saliva, semen, or other identifying physical material produced by the offender may be presented as evidence in a revocation hearing. The expert who made the findings need not be called as a witness in a hearing or proceeding under this chapter, ch. DOC 331, or ch. HA 2.
DOC 328.22 HistoryHistory: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.
DOC 328.23DOC 328.23Contraband.
DOC 328.23(1)(1)Any employee who reasonably believes that an item in an offender’s possession is contraband may seize the item, whether or not the employee believes a violation of the offender’s rules or conditions of supervision has occurred. Any items seized must be documented with chain of custody.
DOC 328.23(2)(2)The supervisor shall dispose of seized contraband after all proceedings in which it may be required have been completed. Disposition shall be as follows:
DOC 328.23(2)(a)(a) All confiscated currency, whose true owner cannot be determined, shall be placed in the general fund.
DOC 328.23(2)(b)(b) Checks and other negotiable instruments shall be returned to the maker. If it is not possible to determine an address for the maker of the check, the check shall be destroyed.
DOC 328.23(2)(c)(c) U.S. bonds and other securities shall be held in the department’s cashier’s office, and upon proof of ownership, the item shall be returned to the owner.
DOC 328.23(2)(d)(d) Property items shall be returned at the offender’s expense to the owner if the owner is known unless the owner transferred the property in an unauthorized manner. Property items which an offender is not permitted to possess and which are not illegal may be transferred to another person at the offender’s expense. Property items of inherent value which were not returned to the owner shall be sold through the department’s purchasing officer and money received shall be placed in the general fund.
DOC 328.23(2)(e)(e) Intoxicating substances, such as alcohol or controlled substances, shall be disposed of in accordance with division policy.
DOC 328.23(2)(f)(f) Firearms not required for use as evidence shall be disposed of in accordance with s. 968.20, Stats.
DOC 328.23(2)(g)(g) Any item originally assigned as property of the state shall be returned to service.
DOC 328.23 HistoryHistory: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.
DOC 328.24DOC 328.24Absconding.
DOC 328.24(1)(1)If an offender absconds, an employee shall issue an apprehension request.
DOC 328.24(2)(2)If an offender committed under s. 961.47 (1), Stats., absconds and is not located within 90 days, an employee shall request that the committing court issue a capias ordering apprehension of the offender, vacating the order committing the offender to the custody of the department, or relieve the department of further responsibility for the offender. Following court action, the agent shall cancel the apprehension request.
DOC 328.24(3)(3)Once the offender is apprehended and becomes available, an employee shall conduct a violation investigation and make a determination regarding disposition. The employee shall also cancel the apprehension request.
DOC 328.24 HistoryHistory: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.
DOC 328.25DOC 328.25Tolled time.
DOC 328.25(1)(1)The department may toll all or any part of the period of time between the date of the violation and the date of an order of revocation or reinstatement is entered, subject to sentence credit for time the offender spent in custody pursuant to s. 973.155 (1), Stats. If the offender is subsequently reinstated rather than revoked, time shall be tolled only if the reinstatement order concludes that the offender did in fact violate the rules or conditions of his or her supervision.
DOC 328.25(2)(2)A division of hearings and appeals administrative law judge or the secretary shall determine the amount of time to be tolled.