Wis. Admin. Code Department of Corrections DOC 302.03

Current through November 25, 2024

Section DOC 302.03 - Definitions

In this chapter:

(1) "Administrator" means the administrator of the DAI or designee.

(1m) "Admission to DAI" means the placement of a person under the custody and control of the DAI, following sentencing or revocation of probation, discretionary parole, mandatory release parole, or extended supervision.

(2) "Agent" means a probation and parole agent.

(4) "Applicable percentage" means 85% for a Class C to E felony or 75% for a Class F to I felony.

(5) "Assaultive activity" means an action that occurs inside or outside an institution and that results in or is intended to result in physical harm to another.

(6) "Bifurcated sentence" means a sentence under s. 973.01, Stats.

(7) "Bureau of offender classification and movement" or "BOCM" means the DAI bureau that administers the classification and movement of inmates.

(8) "Challenge incarceration program" or "CIP" means a program that incorporates manual labor, personal development counseling, substance abuse treatment and education, military drill and ceremony, counseling, and age appropriate strenuous physical exercise resulting in earned release from confinement under s. 302.045, Stats.

(9) "Classification sector chief" means a BOCM supervisor.

(10) "Classification specialist" means a BOCM staff member who completes processes associated with the assignment of inmate custody, program need, and institution placement.

(11) "Custody classification" means the assessed risk level assigned to an inmate for purposes of institution placement.

(12) "DAI" means the division of adult institutions in the department of corrections.

(13) "DCC" means the division of community corrections in the department of corrections.

(14) "Department" means the department of corrections.

(15) "Detainer" means a writ or other legal instrument issued by a competent officer directing the warden or superintendent of an institution to notify the issuing authority when the named person is about to be released so that the issuing authority may obtain custody of the named person if appropriate.

(16) "Director" means the director of BOCM or designee.

(17) "Disciplinary hearing" means a hearing authorized under ch. DOC 303 for the discipline of inmates for misconduct.

(18) "Discretionary parole" means release of an inmate from an institution by parole grant under ch. PAC 1.

(19) "Discretionary parole violator" means an inmate who has been released by the parole commission under s. 304.06, Stats., and who violated parole prior to their mandatory release date.

(20) "Disturbance" means a riot or other disturbance to institutional order caused by a group of two or more inmates that may include one of the following:

(a) An assault on any person by two or more inmates.

(b) The taking of one or more hostages.

(c) The destruction of state property or the property of another by two or more inmates.

(d) The refusal by two or more inmates, acting in concert, to comply with an order.

(e) Any words or acts which incite or encourage inmates to take any of the actions under pars. (a) to (d).

(21) "Earned release program" or "ERP" means a program that incorporates substance abuse treatment resulting in earned release from confinement under the Wisconsin substance abuse program.

(22) "Emergency" means an immediate threat to the safety of the public, staff, or inmates of an institution, other than a disturbance. An emergency may include any of the following:

(a) A public health threat.

(b) A utility malfunction.

(c) A fire.

(d) A bomb threat or explosion.

(e) An employee job action.

(f) Any natural disaster.

(g) A civil disturbance.

(h) An inmate escape.

(23) "Enrolled victim" means a victim who has submitted a request to the office of victim services and programs for notification of inmate or offender status changes.

(24) "Extended supervision" or "ES" means the portion of a bifurcated sentence imposed under s. 973.01, Stats., which is served in the community under the supervision of the DCC.

(25) "Extended supervision violator" is an offender who violated extended supervision after the release date.

(26) "Extra good time" means credit for diligence and is earned according to the conditions and procedures set forth in ss. DOC 302.22, 302.26, and 302.33.

(27) "Extraordinary health condition" or "EHC" means a condition afflicting an inmate such as advanced age, infirmity or disability, or a need for medical treatment or services not available within a correctional institution.

(28) "Good time" means credit earned by inmates that diminishes the period of incarceration and includes both statutory and extra good time. This applies to inmates who committed crimes before June 1, 1984, and did not choose to have 1983 Wis. Act 528 apply to them.

(29) "In custody" means any time an offender spent confined, as described in s. 973.155(1), Stats., in connection with the violation.

(30) "Initial classification" or "IC" means the process associated with the assignment of inmate custody, program need, and institution placement upon admission to DAI.

(31) "Inmate" means a person who is committed to, under sentence to, and confined in a state prison under s. 302.01, Stats.

(32) "Institution" means a correctional facility under s. 302.01, Stats., a prison under s. 301.048, Stats., and s. 301.046 Stats., or a facility that the department contracts with for incarceration of inmates.

(33) "Interstate correctional compact" or "ICC" means the agreement between the department and other correctional jurisdictions for the incarceration of inmates under ss. 301.21 and 302.25, Stats.

(34) "Life sentence" means any sentence of imprisonment under which the convicted person may remain incarcerated for the rest of their life. "Life sentence" includes the sentence of an inmate who is sentenced to life imprisonment, released on parole or to ES and returned to an institution with or without a new sentence and the sentence of an inmate sentenced to life imprisonment in another jurisdiction.

(35) "Mandatory release" or "MR" means release of an inmate from the institution to supervision as required by s. 302.11, Stats., if not granted discretionary parole or special action release earlier.

(36) "Mandatory release parole violator" means an offender who violated parole after the mandatory release date, regardless of how the offender was originally released.

(37) "Non-bifurcated sentence" means an indeterminate sentence under s. 973.013, Stats.

(38) "Offender" means a person who is committed to the custody of the department for correctional purposes and is under the community supervision of the DCC.

(39) "Office of victim services and programs" or "OVSP" means the office in the department that is responsible for victim information and advocacy.

(40) "Parole-eligible" means qualified to be considered for discretionary parole under s. 304.06, Stats., and ch. PAC 1.

(41) "Parole violator" means a discretionary parole violator or a mandatory release parole violator.

(42) "Positive adjustment time" or "PAT" means a period of time measured in days that can be earned to reduce an inmate's period of confinement.

(43) "Prisoner" means any person who is incarcerated or imprisoned under s. 301.01, Stats.

(44) "Program need" means the programs, treatment, or services identified by the department to assist in an inmate's incarceration, reduce the inmate's risk of reoffending, and enhance the inmate's successful community reentry.

(45) "Program review committee" or "PRC" means the staff designated to review petitions under s. 302.113(9g), Stats.

(46) "Projected mandatory release date" means the date an inmate may be released from prison for a non-bifurcated sentence.

(47) "Reclassification" or "RC" means the process associated with the assignment of inmate custody, institution placement and program need subsequent to an initial classification.

(48) "Records staff" means staff whose job duties include completing sentence computations along with other assigned functions.

(49) "Release eligibility date" means the date that an inmate who is serving a risk reduction sentence under s. 973.031, 2009 Stats., has served 75% of the confinement portion of their sentence.

(50) "Restrictive housing" means housing in which the movement, property, or programming of an inmate may be limited.

(51) "Reviewing authority" means the division of hearings and appeals in the department of administration, upon proper notice and hearing under ch. DOC 331, or the department, if the discretionary parole violator, extended supervision violator, mandatory release parole violator, or parole violator waives a hearing.

(52) "Risk reduction sentence" means a sentence imposed by a court under s. 971.031, 2009 Stats., that results in the inmate's release to extended supervision upon serving 75% of the sentence, completing a risk reduction plan, and maintaining good conduct as determined by the department.

(53) "Secretary" means the secretary of the department or designee.

(54) "Security classification" " means the security level of an institution as determined by the department's review of specific policies, physical plant characteristics, resources and degree of supervision of inmate supervision.

(55) "Security threat group" or "STG" means a group of individuals which threatens, intimidates, coerces or harasses others or which engages in any activity which violates or encourages the violation of statutes, administrative rules or department policy.

(56) "Social worker" means the institution social worker to whom an inmate is assigned.

(57) "Special action release" or "SAR" means release of an inmate from the institution to parole supervision by decision of the secretary prior to mandatory release.

(58) "Special action release coordinator" or "SAR coordinator" means the staff member who assembles and submits to the secretary all documents on an inmate relevant to SAR consideration.

(59) "Staff" or "staff member" means a person employed by the department as permanent, project, contract, or limited term employee.

(60) "Statutory good time" means credit for good conduct and for performing all required duties as required under s. 53.11, 1981 Stats.

(61) "Superintendent" means a superintendent or designee at a correctional center as established under s. 301.13, Stats.

(62) "Victim" has the meaning given in s. 950.02(4), Stats.

(63) "Warden" means the warden or designee at an institution.

(64) "Wisconsin substance abuse program" means a program that incorporates substance abuse treatment resulting in earned release from confinement under s. 302.05, Stats.

(65) "Working days" means all days except Saturdays, Sundays, and state legal holidays.

Wis. Admin. Code Department of Corrections DOC 302.03

Cr. Register, August, 1979, No. 284, eff. 9-1-79; CR 00-140: r. and recr. Register January 2002 No. 553, eff. 2-1-02; EmR0939: emerg. cr. as listed in CR 09-120, eff. 12-31-09; CR 09-120: cr. (1d), (1h), (1p), (1t), (7m), (9g), (9r), (11m), (12m), (15g), (15r), (17m), (18m) Register November 2010 No. 659, eff. 12-1-10.

Adopted by, CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18; (3) renum. to (1m) under s. 13.92(4) (b) 1, Stats., Register June 2018 No. 750, eff. 7/1/2018