Wis. Admin. Code Department of Corrections DOC 327.11 - Termination procedure
(1) For the purpose of considering the
termination of a CRC placement, the CRC PRC shall consist of 3 members
including a social worker, a correctional officer and a department supervisory
staff member. The superintendent may designate persons to sit as
alternates.
(2) The procedure for
termination at the inmate's request under s.
DOC
327.10(1) or as the result of a
change in circumstance under s.
DOC
327.10(2) shall be as follows:
(a) The division may transport the inmate to
any state correctional institution, a county jail or any other facility that
has agreed to hold CRC inmates in lockup status; and
(b) No hearing under s.
DOC 327.13
is required. However, the termination shall be subject to PRC approval in
accordance with the procedures under sub. (6).
(3) If the placement is terminated under s.
DOC
327.10(3), the inmate shall be
afforded a hearing under s.
DOC 327.13
for the purpose of determining whether the alleged violation
occurred.
(4) Pending the outcome
of the hearing or the PRC review under sub. (6), the department may take any
action with reference to the inmate that it considers necessary for protection
of the public including temporary removal from the CRC placement if the
conditions for temporary lockup under s.
DOC 327.14
are met.
(5) The due process
fact-finding hearing shall be conducted in accordance with s.
DOC
327.13.
(6) In order to terminate the CRC placement,
if the inmate is found under sub. (5) to have committed the violation alleged,
the case shall be referred to the CRC PRC for review. The PRC may recommend a
termination in the inmate's CRC placement, a change in the inmate's security
classification, a transfer or take any other action considered appropriate. PRC
review of the inmate's CRC placement shall be conducted in accordance with ss.
DOC 302.19
and
302.20.
(7) An inmate who has been removed from a CRC
placement pending a hearing and who is found not guilty of the alleged
violation shall be returned to the placement as soon as practicable following
the determination.
(8) If an inmate
is unable to attend work, school or treatment programs due to a pending hearing
or PRC review, CRC staff shall notify the appropriate school official, employer
or treatment staff.
Notes
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