Section 326.05. Process for obtaining leave.

 

(1)  The inmate or an employee on behalf of the inmate shall apply for a leave by submitting a completed, signed application and leave agreement.

(2)  In completing these documents, the inmate shall be required to provide all necessary information, prove eligibility, and agree in advance to all conditions of the leave, including, but not limited to geographic and travel conditions, including travel routes and mode of transportation, the specific geographic confines within which the inmate is authorized to move, any other condition on movement, conduct or communication consistent with the intent of this chapter, and any urinalysis or breathalyzer tests, personal or strip searches by department staff or law enforcement personnel.

(3)  The warden or superintendent shall designate a staff member to investigate and verify the application information according to the following procedure:

(a) Verify that there are no outstanding detainers, pending charges, or revocations.

(b) Verify the accuracy of the information in the application and the inmate's eligibility under s. DOC 326.04 . This investigation shall include contact with anyone who can verify the accuracy of the information in the application. If, upon investigation, the inmate is found ineligible, the staff member shall note the reason for the ineligibility on the application.

(c) Notify the parole agent assigned to the inmate of the details of the approved leave.

(d) Attempt to determine potential community reaction to the proposed leave, including, any input from the parole agent, local law enforcement authorities and district attorneys.

(4)  The staff member designated under sub. (3) shall recommend approval or denial of the inmate's application for an unescorted leave and shall refer the recommendation to approve or deny the leave to the warden or superintendent. If a recommendation to deny the unescorted leave is based on insufficient time for institution staff to investigate, review or process the application prior to the requested leave departure date, the staff member shall advise the inmate that he or she may apply for a temporary leave under supervision as provided in ch. DOC 325 .

(5)  The warden or superintendent shall review any recommendation and shall do either of the following:

(a) Deny the leave.

(b) Approve the leave, and impose conditions. The inmate shall sign a statement agreeing to the conditions as a prerequisite to leave being granted.

History: Cr. Register, September, 1997, No. 501 , eff. 10-1-97.