Section 333.11. Detention for inmates in DIS placements.

 

(1)  In this section, "detention" means secure or non-secure confinement in a Type 1 prison, jail, county reforestation camp, residential treatment facility or community-based residential facility under s. 301.048 (3) (a) 1. , Stats.

(2)  An inmate may be placed in detention by any DIS staff or by a law enforcement officer at the request of DIS staff and kept there if the decision maker is satisfied that it is more likely than not that one or more of the following is true:

(a) If the inmate remains in the DIS placement, the inmate will seek to intimidate a witness in a pending investigation, disciplinary action or termination action.

(b) If the inmate remains in the DIS placement, the inmate will encourage others by example, expressly, or by the inmate's presence, to defy staff authority and thereby erode staff's ability to control a particular situation.

(c) If the inmate remains in the DIS placement, it will create a substantial danger to the physical safety of the inmate or another person.

(d) If the inmate remains in the DIS placement, there is a substantial danger that the inmate will try to escape.

(e) If the inmate remains in the DIS placement, a criminal, disciplinary or termination investigation will thereby be inhibited.

(f) If the inmate remains in the DIS placement, there is a substantial danger that the inmate will commit a crime.

(g) If, in the discretionary judgement of DIS staff, the inmate's retention in the DIS placement is not reasonably calculated to serve the interests stated in s. DOC 333.01 .

(3)  DIS supervisory staff shall review the placement of an inmate in detention within 3 working days after it takes place. Before this review, the inmate shall be provided with the reason for detention and with an opportunity to respond, either orally or in writing. Review of the decision shall include consideration of the inmate's response to the detention. If, upon review, it is determined that detention is not appropriate, the inmate shall be returned to the DIS placement.

(4)  No inmate may remain in detention more than 21 days, except that the administrator may extend this period for up to 21 additional days for cause. After the review under sub. (3) , DIS supervisory staff shall review the status of each inmate in detention every 7 days to determine whether detention continues to be appropriate. If upon review it is determined that detention is not appropriate, the inmate shall be returned to his or her DIS placement.

(5)  When an inmate is placed in detention, the person who makes the placement shall state in writing the reasons for the detention. The inmate shall be given a copy of the written statement. Upon review, the supervisory staff person shall indicate on the statement approval or disapproval of detention.

History: Cr. Register, February, 1993, No. 446 , eff. 3-1-93.