Wisconsin Administrative Code
Department of Corrections
Chapter DOC 302 - Inmate Classification, Sentence, and Release Provisions
Subchapter II - Inmate Classification
Section DOC 302.17 - Reclassification procedure

Universal Citation: WI Admin Code ยง DOC 302.17

Current through August 26, 2024

(1) Reclassification hearings shall be conducted by a reclassification committee to determine custody, institution placement, program need, and the date of the next reclassification hearing.

(2) The director may alter the scope, purpose, and duration of the reclassification process to meet security, resource, or bed needs of the department.

(3) Before a reclassification hearing is conducted, institution staff designated by the warden or superintendent shall do all of the following:

(a) Collect, investigate and document information necessary to evaluate risk and need factors under ss. DOC 302.11 and 302.13.

(b) Complete department required risk and need instruments.

(c) Conduct an interview with the inmate that allows the inmate an opportunity to provide information about custody, program need, or institution placement.

(d) Prepare a report for the reclassification hearing that includes all of the following:
1. The reason for the review and the facts being considered.

2. A summary of the information gathered through pars. (a), (b) and (d).

3. A recommendation of custody, program needs, and institution placement.

4. A statement as to whether the inmate wants to appear or waive attendance at the reclassification hearing.

(4) The classification specialist shall conduct a reclassification hearing that ensures all of the following:

(a) The inmate has been informed of the reason for the review.

(b) Completion of the requirements under sub. (3).

(c) The inmate has been afforded an opportunity to provide information about custody, program need, or institution placement.

(d) Review of information obtained in sub. (3).

(e) The inmate has been advised of the reclassification hearing recommendation regarding custody classification, program needs, institution placement and next reclassification hearing date.

(f) Production of a report that includes all of the following:
1. A reason for the inmate's absence if not present during the hearing.

2. A reason for the hearing and the facts considered.

3. The reclassification hearing staff comments regarding custody, program need, and institution placement.

4. Documentation of information used to evaluate and support risk and need factors under ss. DOC 302.11 and 302.13.

5. A recommendation of custody classification, program needs, and institution placement.

6. A recommended date for a reclassification hearing not to exceed 12 months from the date of the classification hearing.

(5) A change in an inmate's custody or institution placement requires a unanimous recommendation by the reclassification committee. If the committee cannot reach an unanimous recommendation, the classification specialist shall refer the case to the classification sector chief and the warden for a recommendation. If the classification sector chief and the warden cannot reach a unanimous recommendation, the classification sector chief shall refer the case to the director for decision.

(6) A recommendation for program need assignment requires a majority consent by the reclassification committee. If the committee cannot reach a majority recommendation, the classification specialist shall refer the case to the classification sector chief and the warden for a recommendation. If the classification sector chief and the warden cannot reach a unanimous recommendation, the classification sector chief shall refer the case to the director for decision.

(7) The classification specialist may suspend a hearing to investigate any issue affecting custody classification, institution placement, or program need.

(8) If an inmate is unable to be physically present for the interview under sub. (3) (c) or the hearing under sub. (4), the department may utilize technology such as telephone, video, or other electronic devices to meet the requirements of this section.

(9) If the inmate disrupts or refuses to attend the hearing, the classification specialist may conduct the hearing without the inmate being present.

(10) The director shall review recommended custody, institution placement and changes, make the final decision, and ensure a date for a reclassification hearing not to exceed 12 months from the date of the classification hearing.

(11) The department shall provide the inmate a written copy of the reclassification decision concerning custody, institutional placement, and date of next reclassification hearing.

(12) The inmate shall be advised under sub. (11) of the factors upon which the classification is based unless the department determines that release of such information would threaten the security of the prison system.

(13) When a significant change affecting custody, program need, or institution placement occurs, any of the following may make a request for a reclassification hearing prior to the date set by the last classification hearing:

(a) Director.

(b) Warden or superintendent.

(c) Hearing officer under s. DOC 303.65(5).

(d) Assigned social worker.

(e) Inmate with a request through the assigned social worker submitted on a form provided by the department.

(14) The classification specialist will approve or deny requests submitted under sub. (13) (d) or (e).

Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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