Section 328.27. Custody and detention.

  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)   Detention of offender on extended supervision.

(a) The department may confine an offender on 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.

CR 10-126 : cr. Register June 2013 No. 690 , eff. 7-1-13.