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.
DOC 328.25 HistoryHistory: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.
DOC 328.26DOC 328.26Reinstatement.
DOC 328.26(1)(1)The department may reinstate an offender upon the offender’s request and written admission of a violation of the rules or conditions of supervision sufficient to warrant revocation.
DOC 328.26(2)(2)
DOC 328.26(2)(a)(a) The request under sub. (1) shall acknowledge both of the following:
DOC 328.26(2)(a)1.1. The date of the violation.
DOC 328.26(2)(a)2.2. The offender’s awareness that the period between the date of violation and the date of reinstatement or revocation may be tolled.
DOC 328.26(2)(b)(b) An offender’s request for reinstatement and written admission shall be submitted to the regional chief to determine whether reinstatement is appropriate.
DOC 328.26(2)(c)(c) A copy of the regional chief’s decision, including the reasons for it, shall be sent to the offender and the original returned to the agent.
DOC 328.26(2)(d)(d) If the regional chief determines that reinstatement should not occur, the revocation process may be initiated in accordance with s. DOC 331.03.
DOC 328.26 HistoryHistory: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.
DOC 328.27DOC 328.27Custody and detention. Whenever feasible, an employee shall rely on law enforcement authorities to take an offender into custody. When law enforcement assistance is not available, the employee shall decide whether to disengage and issue an apprehension request or take the offender into custody in accordance with this section.
DOC 328.27(1)(1)Custody order. An agent shall order an offender into custody if the offender is alleged to have been involved in assaultive or dangerous conduct. A regional chief may permit exceptions to this subsection.
DOC 328.27(2)(2)Detention. An offender may be taken into custody and detained for one of the following purposes:
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.