Wis. Admin. Code Department of Corrections DOC 324.13

Current through October 28, 2024
Section DOC 324.13 - Process for termination of work and study release

The procedure for termination of an inmate's work release or study release program is as follows:

(1) A termination at the inmate's request is subject to the approval of the warden or superintendent.
(2) A termination due to withdrawal of consent to the placement by a person outside of the department whose consent is prerequisite of the placement shall occur upon receipt of oral or written notification by an appropriate authority that the authority no longer consents to the placement. If the notification is given orally, the staff member receiving the oral notification shall document the information and forward it to the warden or superintendent.
(3) If the placement is terminated as a result of any of the violations listed below by the inmate, the inmate shall be afforded a hearing for the purpose of determining whether the alleged violation occurred. A termination by the department may occur after determining that the inmate has committed any of the following:
(a) Violation of a statute.
(b) Violation of the rules of the placement site.
(c) Violation of the administrative rules of the department.
(d) Violation of the work or study release agreement.
(e) Violation of any special conditions imposed on the placement.
(4) The warden or superintendent shall conduct a preliminary review and may take any action with reference to the inmate considered necessary for protection of the public consistent with administrative rules, including temporary removal or suspension from the placement pending the hearing.
(5) When an inmate's work or study release privileges have been suspended the department has no liability for loss of wages or consequences of missed classes.
(6) A hearing shall be conducted in accordance with the procedures under ss. DOC 303.78 and 303.80, modified as follows:
(a) In accordance with s. DOC 303.84, with the permission of the hearing officer, the work release coordinator shall interview employers or school officials who have relevant evidence and report to the hearing officer.
(b) A penalty listed in s. DOC 303.72 need not be imposed as a result of a finding of guilt.
(7) If the inmate is found to have committed the violation alleged, the warden or superintendent may terminate the inmate's work or study release placement. The inmate may be referred to RC for a review of custody level in accordance with s. DOC 302.17.
(8) An inmate whose work or study release placement has been suspended pending a hearing and who is found not guilty of the alleged violation may be returned to the placement as soon as practicable following the finding.
(9) A work or study placement may be terminated by the warden or superintendent in response to documented adverse community reaction to the placement.

Wis. Admin. Code Department of Corrections DOC 324.13

Cr. Register, September, 1981, No. 309, eff. 10-1-81; am. (2) and (3) (b), Register, February, 1987, No. 374, eff. 3-1-87; r. and recr., Register, September, 1997, No. 501, eff. 10-1-97; CR 11-022: am. (6) Register September 2014 No. 705, eff. 1-1-15.
Amended by, CR 17-026: am. (7), Register June 2018 No. 750, eff. 7/1/2018