The following provisions together with ss.
DOC
333.12(2) and
333.13(6)
and (7) apply to the conduct of inmates in
DIS placements and are the DIS rules of supervision, a copy of which shall be
provided to each inmate prior to, or as soon as practicable after placement in
the community:
(1) The violation of
any of the following provisions by an inmate who is not in a state correctional
institution is an offense:
(a) An inmate shall
abide by all the rules of the inmate's employer or the educational or training
facility to which the inmate is assigned.
(b) Except for retaining an attorney, an
inmate may not enter into a contract or other agreement without prior written
approval of DIS staff. Contracts which require prior approval include but are
not limited to the purchase of property and time payments.
(c) An inmate shall abide by this chapter and
other rules referenced in this chapter, the specific policies, procedures and
rules of any facility in which the inmate is housed and all state and federal
statutes and local ordinances.
(d)
Any intentional failure of the inmate to return to the DIS residence on
schedule or leaving the confines of the authorized area to which he or she is
assigned, without permission, is an offense and may be referred for prosecution
as an escape under ss.
301.048(5) and
946.42(3) (a),
Stats.
(e) If an inmate is
attending school, the inmate shall attend all regularly scheduled classes even
if the instructor does not require attendance, unless the inmate obtains
authorization not to attend class from DIS staff. Unless the inmate lacks the
ability, he or she shall maintain passing grades in all courses and a
cumulative 2.0 grade point average or better on a 4.0 scale without any
incompletes.
(f) Unless approved in
advance by DIS staff, an inmate may not enroll in or attend evening courses,
courses requiring attendance at events away from the school site, or courses
which include theater activities, field trips, athletic functions or social
events.
(g) Inmates shall report
all arrests and police or other law enforcement contacts to DIS staff
immediately.
(h) Inmates shall
submit a schedule of daily activities to DIS staff as directed by the
staff.
(i) Inmates shall make
themselves available for tests and searches ordered by DIS staff in accordance
with this chapter.
(j) Inmates
shall attend and participate in programs and treatment mandated by DIS
staff.
(k) An inmate may not change
his or her schedule or DIS program including specific residence, school, work
or treatment situation without prior approval by DIS staff.
(l) An inmate may not purchase, lease,
possess, trade, sell, or operate a motor vehicle without advance approval by
DIS staff. To obtain approval to operate a motor vehicle, the inmate shall
demonstrate proof of insurance, have a valid Wisconsin driver's license and, if
the vehicle is owned by another person, have the written permission of the
owner to operate the vehicle. Approval shall be denied if ownership, possession
or use of a motor vehicle is inconsistent with the inmate's
rehabilitation.
(m) An inmate shall
be responsible for maintaining telephone service compatible with the DIS
electronic monitoring equipment and DIS programming needs. Personal use of the
telephone line may be restricted to allow for proper functioning of the
electronic monitoring equipment.
(n)
When directed by DIS staff, an inmate shall wear an electronic
device continuously on the inmate's person and comply with other requirements
of the electronic monitoring system as directed.
(o) An inmate may not tamper with the
electronic monitoring equipment. Inmates are responsible for lost, stolen or
damaged electronic monitoring equipment, except that inmates are not
responsible for malfunctioning of equipment caused by faulty
manufacturing.
(p) Pursuant to s.
301.135(4),
Stats., an inmate shall pay an electronic monitoring fee which equals the
department's cost for the electronic monitoring, unless DIS staff waive the
fee. Failure of an inmate to make payments on schedule may result in imposition
of a sanction under s.
301.048(3),
Stats. Inmates may not be terminated from a DIS placement solely for failure to
pay an electronic monitoring fee.
(q) An inmate shall maintain personal
cleanliness, grooming and appearance as directed by DIS staff consistent with
case plan objectives. Personal cleanliness and appearance includes both the
person and the residence.
(r) An
inmate shall sign an authorization giving DIS staff access to all health care
records and health care information relating to the inmate's drug prescriptions
and relating in any way to the use of alcohol or drugs, alcohol or drug
treatment and mental health treatment or services.
(2) All of the offenses listed in ss.
DOC 303.11
to
303.64 shall apply to inmates in DIS
placement who are not in a state correctional institution, with the following
exceptions, substitutions and modifications:
(a) Section
DOC 303.15
on sexual conduct does not apply.
(b) The following is substituted for s.
DOC 303.18
on inciting a riot: Any inmate who intentionally encourages, directs, commands,
coerces or signals one or more other persons to participate in a riot is guilty
of an offense. "Riot" means a serious disturbance caused by a group of 2 or
more persons which creates a serious risk of injury to persons or
property.
(c) The following is
substituted for s.
DOC 303.19
on participating in a riot: Any inmate who intentionally or recklessly
participates in a riot, as defined under par. (b), or who intentionally or
recklessly remains in a group of 2 or more inmates which has been ordered to
disperse if some members of the group are participating in a riot, is guilty of
an offense.
(d) Section
DOC 303.20
on group resistance and petitions does not apply.
(e) The following is substituted for s.
DOC 303.05
on conspiracy:
1. If an inmate plans or
agrees to do acts which are forbidden under this chapter with another person or
persons, the inmate is guilty of an offense.
2. The penalty for conspiracy may be the same
as the penalty for the most serious of the planned offenses;
(f) The following is substituted
for s.
DOC 303.22
on escape:
1. An inmate who does any of the
following without permission is guilty of an offense:
a. Leaves a place without proper
authorization from DIS staff;
b.
Leaves the custody of a staff member;
c. Does not follow his or her assigned
schedule;
d. Leaves the confines of
an area to which he or she is assigned.
(g) The following is substituted for s.
DOC 303.27
on lying: Any inmate who knowingly makes a false written or oral statement to a
DIS staff member is guilty of an offense.
(h) Section
DOC 303.29
on talking does not apply.
Note:DOC 303.29 was repealed eff.
1-1-01.
(i) Section
DOC 303.30
on unauthorized forms of communication does not apply.
(j) The following is substituted for s.
DOC 303.32
on enterprises and fraud: Any inmate who offers to buy or orders any item with
the intention of not paying for it or incurs debt without permission of DIS
staff is guilty of an offense.
(k)
Section
DOC 303.33
on attire does not apply.
Note:DOC 303.33 was repealed eff. 1-1-01.
(l) Section
DOC 303.40
on unauthorized transfer of property does not apply.
(m) Section
DOC 303.42
on possession of money does not apply.
(n) The following is substituted for s.
DOC 303.43
on possession of intoxicants:
1. Except as
specifically authorized by DIS staff, any inmate who knowingly has in his or
her possession or uses any intoxicating substance as defined under s.
DOC
303.02(14) which is not prescribed by
an approved physician is guilty of an offense.
2. All intoxicating substances prohibited by
this chapter shall be confiscated.
(o) Section
DOC 303.46
on possession of excess smoking materials does not apply.
Note:DOC 303.46 was repealed eff.
1-1-01.
(p) The following is
substituted for s.
DOC 303.47
on possession of contraband-miscellaneous: Any inmate who knowingly possesses
any items of a type which is not allowed under s.
DOC 333.13(6) (b)
1. through 6 or under the inmate's special
conditions of DIS placement is guilty of an offense.
(q) Section
DOC 303.48
on unauthorized use of the mail does not apply.
(r) The following is substituted for s.
DOC 303.49
on punctuality and attendance: Inmates shall attend and be on time for all
events, classes, meetings, appointments, jobs and other activities, services or
treatment for which they are scheduled. Any inmate who violates this section is
guilty of an offense, unless one of the following applies:
1. DIS staff have been notified that the
inmate is sick.
2. DIS staff have
granted the inmate permission to be in some other location.
3. DIS staff have authorized the inmate to
change his or her schedule.
(s) Section
DOC 303.50
on loitering does not apply.
(t)
The following is substituted for s.
DOC 303.51
on leaving assigned area: Any inmate who leaves an area where he or she is
attending a scheduled activity or who leaves the immediate area of a work or
school assignment before the activity or the work or school assignment is over
is guilty of an offense, unless absence from the assigned area has been
approved by DIS staff.
(u) Section
DOC 303.52
on entry of another inmate's quarters does not apply.
(v) Section
DOC 303.54
on improper storage does not apply.
(w) Section
DOC 303.55
on dirty quarters does not apply.
(x) The following is substituted for s.
DOC 303.57
on misuse of prescription medication: Any inmate who knowingly does any of the
following is guilty of an offense:
1. Takes
more of a prescription medication than was prescribed.
2. Takes a prescription medication which was
not prescribed for him or her.
(y) Section
DOC 303.59
on use of intoxicants applies except that subs. (2) (a) and (3) are modified to
include tests, examinations and specimens requested in accordance with this
chapter.
(z) Section
DOC 303.63
on violations of institution policies and procedures does not apply.
(3) In addition to the rules
listed under this subsection, which includes the list of offenses under ss.
DOC 303.11
to
303.64 as affected by this
subsection, DIS staff may develop additional rules of supervision for an
inmate's DIS placement which are reasonably calculated to serve the interests
stated in s.
DOC 333.01.
These additional rules may be modified at any time with written notice to the
inmate.
(4) Violation of any of the
rules of supervision is an offense.