Wis. Admin. Code Department of Corrections 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.
Notes
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No prior version found.