Section 327.11. Termination procedure.

 

(1)  For the purpose of considering the termination of a CRC placement, the CRC PRC shall consist of 3 members including a social worker, a correctional officer and a department supervisory staff member. The superintendent may designate persons to sit as alternates.

(2)  The procedure for termination at the inmate's request under s. DOC 327.10 (1) or as the result of a change in circumstance under s. DOC 327.10 (2) shall be as follows:

(a) The division may transport the inmate to any state correctional institution, a county jail or any other facility that has agreed to hold CRC inmates in lockup status; and

(b) No hearing under s. DOC 327.13 is required. However, the termination shall be subject to PRC approval in accordance with the procedures under sub. (6) .

(3)  If the placement is terminated under s. DOC 327.10 (3) , the inmate shall be afforded a hearing under s. DOC 327.13 for the purpose of determining whether the alleged violation occurred.

(4)  Pending the outcome of the hearing or the PRC review under sub. (6) , the department may take any action with reference to the inmate that it considers necessary for protection of the public including temporary removal from the CRC placement if the conditions for temporary lockup under s. DOC 327.14 are met.

(5)  The due process fact-finding hearing shall be conducted in accordance with s. DOC 327.13 .

(6)  In order to terminate the CRC placement, if the inmate is found under sub. (5) to have committed the violation alleged, the case shall be referred to the CRC PRC for review. The PRC may recommend a termination in the inmate's CRC placement, a change in the inmate's security classification, a transfer or take any other action considered appropriate. PRC review of the inmate's CRC placement shall be conducted in accordance with ss. DOC 302.19 and 302.20 .

(7)  An inmate who has been removed from a CRC placement pending a hearing and who is found not guilty of the alleged violation shall be returned to the placement as soon as practicable following the determination.

(8)  If an inmate is unable to attend work, school or treatment programs due to a pending hearing or PRC review, CRC staff shall notify the appropriate school official, employer or treatment staff.

Cr. Register, September, 1990, No. 417 , eff. 10-1-90.