Section 327.09. Inmate conduct in CRC placements.

 

(1)  The following provisions apply to the conduct of inmates in community residential confinement placements and shall be included in the agreement signed by an inmate under s. DOC 327.07 (2) :

(a) An inmate may not possess or use any form of alcohol, or other intoxicating substance as defined under s. DOC 303.02 (23) except as authorized and directed by an approved physician;

(b) 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;

(c) Except for retaining an attorney, an inmate may not enter into a contract or other agreement without prior approval by the superintendent. Contracts which require prior approval include but are not limited to the purchase of property, time payments and marriage.

(d) 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, any special conditions imposed on the CRC placement, and all pertinent state and federal statutes and local ordinances. In addition, if an inmate is housed in a state correctional institution he or she shall abide by all of the department's administrative rules for institutions;

(e) Any intentional failure of the inmate to return to the CRC residence on schedule or leaving the confines of the authorized area to which he or she is assigned without permission, may be referred for prosecution as an escape under s. 946.42 (3) , Stats.;

(f) An inmate may not remain in a community residential confinement placement if, as a result, a medical or psychological problem of the inmate would go untreated;

(g) 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 an excuse from CRC staff;

(h) If an inmate attending school fails to maintain passing grades in all courses and a cumulative 2 point (2.0) grade point average (C average) or better on a 4 point (4.0) scale or receives one or more incompletes, the PRC may terminate the CRC placement;

(i) Unless approved in advance by CRC staff, an inmate may not enroll in or attend evening courses, courses requiring attendance at events away from the school site, theater activities, field trips, athletic functions or social events;

(j) Inmates shall report all arrests or official police contacts to CRC staff immediately;

(k) Inmates shall submit a schedule of activities to CRC staff as directed by the staff;

(L) Inmates shall make themselves available for tests and searches ordered by CRC staff in accordance with this chapter;

(m) Inmates shall attend and participate in programs and treatment mandated by department staff;

(n) An inmate may not change his or her schedule or CRC program including specific residence, work or treatment situation without prior approval by appropriate CRC staff;

(o) An inmate may not purchase, lease, trade, sell, or operate a motor vehicle without advance approval by CRC 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 permission of the owner to operate the vehicle;

(p) An inmate shall be responsible for maintaining telephone service compatible with the CRC electronic monitoring equipment and CRC programming needs. Personal use of the telephone line may be restricted to allow for proper functioning of the electronic monitoring equipment;

(q) 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 by appropriate CRC staff;

(r) 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.

(s) An inmate shall pay a reasonable electronic monitoring fee as determined by the department unless the superintendent waives the fee. Failure of an inmate to make payments on schedule may result in the inmate's termination from a CRC placement. Inmates may not be terminated from a CRC placement solely for failure to pay an electronic monitoring fee; and

(t) An inmate shall acknowledge the department's authority to collect all funds earned and compensation received by the inmate while in a CRC placement and to disburse those funds in accordance with s. DOC 327.15 .

(2)  All the offenses listed in ss. DOC 303.11 to 303.64 apply to inmates in community residential confinement placement with the following exceptions, substitutions and modifications:

(a) Sections DOC 303.14 and 303.15 on sexual conduct do not apply.

(b) The following is substituted for s. DOC 303.21 on inciting a disturbance: Any inmate who intentionally encourages, directs, commands, coerces or signals one or more other persons to participate in a disturbance is guilty of an offense. "Disturbance" has the meaning given in s. DOC 303.02 (13) .

(c) Section DOC 303.24 on group resistance and petitions does not apply.

(d) The following is substituted for s. DOC 303.04 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;

(e) The following is substituted for s. DOC 303.26 on escape:

1. An inmate who does any of the following without permission is guilty of an offense:

a. Leaves an institution;

b. Leaves the custody of a staff member;

c. Does not follow his or her assigned schedule;

d. Leaves the confines of the authorized area to which he or she is assigned and does not return promptly; or

e. Does not return to the CRC residence on schedule;

(f) The following is substituted for s. DOC 303.31 on lying: Any inmate who knowingly makes a false written or oral statement to a staff member is guilty of an offense;

(h) Section DOC 303.34 on unauthorized forms of communication does not apply.

(i) The following is substituted for s. DOC 303.36 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 is guilty of an offense.

(k) Section DOC 303.40 on unauthorized transfer of property does not apply;

(L) Section DOC 303.42 on possession of money does not apply;

(m) The following is substituted for s. DOC 303.43 on possession of intoxicants:

1. Except as specifically authorized by CRC staff, any inmate who knowingly has in his or her possession any intoxicating substance as defined under s. DOC 303.02 (23) is guilty of an offense; and

2. All intoxicating substances prohibited by this section shall be confiscated, whether or not any violation of this section occurred;

(o) 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 327.16 (6) (c) 1. or 5. or under the inmate's special conditions of CRC placement is guilty of an offense;

(p) Section DOC 303.49 on unauthorized use of the mail does not apply;

(q) The following is substituted for s. DOC 303.50 on punctuality and attendance: Inmates shall attend and be on time for all events, classes, meetings, appointments, job and other activities for which they are scheduled. Any inmate who violates this section is guilty of an offense, unless one of the following applies:

1. The inmate is sick and the appropriate CRC staff member has been notified;

2. A CRC staff member has granted the inmate permission to be in some other location; or

3. The inmate has been authorized to change his or her schedule by a CRC staff member;

(r) Section DOC 303.51 on loitering does not apply;

(s) The following is substituted for s. DOC 303.52 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 an appropriate CRC staff member;

(t) Section DOC 303.54 on entry into another inmate's assigned living area does not apply;

(u) Section DOC 303.55 on improper storage does not apply;

(v) Section DOC 303.56 on dirty assigned living area does not apply;

(w) Section DOC 303.57 on poor personal hygiene does not apply;

(x) The following is substituted for s. DOC 303.58 on misuse of 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 more often than was prescribed;

3. Takes a prescription medication which was not prescribed for him or her; or

4. Obtains a prescription for medication without approval by CRC staff.

(y) Section DOC 303.60 on use of intoxicants applies except that subs. (2) and (3) are modified to include tests, examinations and specimens requested in accordance with this chapter; and

(z) The following is substituted for s. DOC 303.28 (3) on violations of disobeying orders:

1. The CRC superintendent may make specific substantive disciplinary policies and procedures for inmates in CRC placements. The violation of any specific disciplinary policy or procedure is an offense. Each inmate in a CRC placement shall be given or mailed a copy of policies and procedures applicable to him or her;

2. Violation of any special conditions imposed on an inmate's CRC placement is an offense; and

3. Violation of the CRC agreement is an offense.

(3)  In addition to the rules listed under sub. (1) and the list of offenses under ss. DOC 303.11 to 303.64 as affected by sub. (2) , CRC staff may develop additional written rules and specific conditions for an inmate's CRC placement. These specific rules and conditions may be modified at any time with written notice to the inmate.

(4)  Violation of this section may result in termination of the CRC placement under s. DOC 327.10 .

Cr. Register, September, 1990, No. 417 , eff. 10-1-90; corrections in (2) (d) (intro.) and (m) 1. made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612 ; CR 11-022 : am. (1) (a), (2) (intro.), (a) to (c), (d) (intro.), (e) (intro.), (f), (h), (i), (m) 1., (q) (intro.), (r) to (w), (x) (intro.), (y), (z) (intro.), (3) Register September 2014 No. 705 , eff. 1-1-15; correction in (2) (p) made under s. 13.92 (4) (b) 7., Stats., Register December 2014 No. 708 .