Wis. Admin. Code Department of Corrections DOC 302.11

Current through October 28, 2024

Section DOC 302.11 - Factors in assigning a custody classification

The department may consider any of the following factors when assigning inmate custody:

(1) The nature, number, and severity of each offense. In evaluating the nature and severity of an offense, the department may consider the following:

(a) Potential of physical danger to another.

(b) Harm done to the victim in the commission of the offense.

(c) Whether the inmate exhibited physical aggressiveness that exposed another to harm.

(d) Aggravating or mitigating factors in the commission of the offense.

(e) Motivation for the offense.

(2) Length of sentence being served.

(3) Length of time in a particular custody classification, overall time served during the current period of incarceration, and time remaining to serve.

(4) Attitude regarding the offense and sentence.

(5) Criminal record and juvenile delinquency adjudications.

(6) Conduct and adjustment during current or prior confinements or community supervision.

(7) Record of escape or walk away from an institution or a mental health facility or absconding from probation, parole, or extended supervision.

(8) Security threat group incidents, activities, or affiliations.

(9) Gender.

(10) Age.

(11) Medical, dental, and mental health status, including physical or psychological treatment and observation.

(12) Risk to a victim, witness, general public, or inmate. In determining this risk, the department may consider the general public's perception of the offense and the inmate.

(13) Performance or refusal to participate in programs, treatment, or services associated with identified needs.

(14) Pending legal process, notification, or detainer.

(15) Parole commission actions, their stated expectations, and the likelihood of a release during the review period.

(16) History or characteristics of predatory behavior towards others.

(17) History or characteristics of vulnerability to hurt or harm by others.

(18) The results of assessments or instruments developed to assist with the assignment of custody classification.

Wis. Admin. Code Department of Corrections DOC 302.11

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.

Adopted by, CR 17-026: cr., Register June 2018 No. 750, eff. 7/1/2018