Current through August 26, 2024
Whenever feasible, an employee shall rely on law enforcement
authorities to take an offender into custody. When law enforcement assistance
is not available, the employee shall decide whether to disengage and issue an
apprehension request or take the offender into custody in accordance with this
section.
(1) CUSTODY ORDER. An agent
shall order an offender into custody if the offender is alleged to have been
involved in assaultive or dangerous conduct. A regional chief may permit
exceptions to this subsection.
(2)
DETENTION. An offender may be taken into custody and detained for one of the
following purposes:
(a) For investigation of
an alleged violation of a rule or condition of supervision.
(b) After an alleged violation to determine
whether to commence revocation proceedings.
(c) For disciplinary purposes.
(d) To prevent a possible violation by the
offender.
(e) Pending placement in
a program as an alternative to revocation.
(3) LENGTH OF DETENTION. An offender may be
detained in accordance with one or more of the following:
(a) Except as provided in sub. (6) and (7),
an agent may authorize the detention of an offender under sub. (1) or (2) for a
maximum of 5 working days.
(b) A
supervisor may approve additional detention for a maximum of 5 working
days.
(c) A regional chief may
approve detention for an additional 5 working days.
(d) The administrator may authorize detention
beyond the foregoing time limits.
(e) An offender detained under sub. (2) (c)
may be detained with supervisory approval for only a maximum of 5 working
days.
(f) This subsection does not
apply to detentions pending final revocation which are authorized by an agent's
immediate supervisor under s.
DOC 331.05(7) when a preliminary hearing
is not held pursuant to s.
DOC 331.05(2).
(4) CUSTODY DECISIONS. Custody decisions
during revocation proceedings shall be made in accordance with s.
DOC 331.05(7).
(5) DETENTION IN A STATE CORRECTIONAL
FACILITY. The department may detain an offender on parole, extended
supervision, or on felony probation with an imposed and stayed sentence in a
state correctional institution including a probation and parole holding
facility pending revocation proceedings.
(a)
For placement of an offender in a state correctional facility other than a
probation and parole holding facility, the regional chief shall make a
detention request to the director of the bureau of offender classification and
movement in the division of adult institutions. The request shall include both
of the following:
1. Court case information
that permits legal admission for detention under this subsection.
2. Reason for requested detention in a state
correctional institution rather than a county facility.
(b) The director of the bureau of offender
classification and movement shall review the request and determine whether
admission for detention in a state correctional institution will be
authorized.
(6) CUSTODY
OF AN OFFENDER ON LIFETIME SUPERVISION. The department may take an offender on
lifetime supervision into custody under sub. (1) or (2) (a) for as long as
reasonably necessary to investigate a possible violation of a condition or
regulation of lifetime supervision. The department may hold an offender in
custody for a maximum of 72 hours following completion of the investigation in
order to refer the offender to the appropriate prosecuting agency for
commencement of prosecution under s.
939.615(7),
Stats.
(7) SHORT-TERM SANCTIONS.
(a) The department may confine an offender on
probation, parole, or extended supervision beyond the time limits provided
under sub. (3) as a sanction when both of the following occur:
1. The offender admits to the violation in
writing.
2. The regional chief or
designee approves of the sanction.
(b) The sanction may be served within a
county jail if the sheriff approves.
(c) Confinement under the sanction will not
exceed 90 days.
(d) Consistent with
goals and requirements set forth in s.
301.03(3) (b), Stats., the department will adopt an
evidence-based response to violations.
