301.03 General corrections authority.

811 words·~4 min read·/wi/chapter-301/301-03

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

301.03 General corrections authority. The department shall:

(1)Supervise, manage, preserve and care for the buildings, grounds and other property pertaining to the state correctional institutions and promote the objectives for which they are established.

(2)Supervise the custody and discipline of all prisoners and the maintenance of state correctional institutions and the prison industries under s. 303.01 .

(2g)Provide alcohol or other drug abuse assessments so that a prisoner can receive such an assessment either during his or her initial assessment and evaluation period in the state prison system or at the prison where he or she is placed after the initial assessment and evaluation period.

(2m)Provide alcohol or other drug abuse treatment at each state prison except a Type 2 prison, the correctional institution authorized under s. 301.046 , a minimum security correctional institution authorized under s. 301.13 or a state-local shared correctional facility established under s. 301.14 .

(2r)Conduct drug testing of prospective parolees or persons to be placed on extended supervision who have undergone treatment while in state prison.

(3)Administer parole, extended supervision, and probation matters, except that the decision to grant or deny parole to inmates shall be made by the parole commission and the decision to revoke probation, extended supervision, or parole, in cases in which there is no waiver of the right to a hearing, shall be made by the division of hearings and appeals in the department of administration. The secretary may grant special action parole releases under s. 304.02 . The department shall promulgate rules to do all of the following:

(a)Develop a system of short-term sanctions for violations of conditions of parole, probation, extended supervision, and deferred prosecution agreements that sets forth a list of sanctions to be imposed for the most common violations.

(b)Ensure that the system of short-term sanctions developed under par.

(a)does all of the following:

1. Takes into account the objective to be accomplished by imposing the sanction, considers the level of intensity necessary to achieve the objective, and considers the extent to which sanction imposition is likely to accomplish the objective.

2. Takes into account the goals of protecting the public, correcting the offender’s behavior, and holding the offender accountable.

3. Determines when revocation is the required response to the violation.

4. Provides flexibility in imposing sanctions but also provides offenders with clear and immediate consequences for violations.

5. Provides examples of high, medium, and low level sanctions and what factors to consider when determining which level of sanction to apply.

6. Determines how to reward offenders for compliance with conditions of parole, of probation, of extended supervision, or of the agreement.

7. Ensures that efforts to minimize the impact on an offender’s employment are made when applying sanctions.

8. Ensures that efforts to minimize the impact on an offender’s family are made when applying the sanctions.

(c)Perform reviews of sanctions imposed under the system to assess disparities among sanctions, to evaluate the effectiveness of sanctions, and to monitor the impact of sanctions on the number and type of revocations for violations.

(3a)Subject to all of the following, design a form to provide notice under ss. 302.117 , 973.09

(4m), and 973.176

(2)of ineligibility to vote under s. 6.03

(b):

(a)The form shall inform the person who is ineligible to vote that he or she may not vote in any election until his or her civil rights are restored.

(b)The form shall inform the person who is ineligible to vote when his or her civil rights are expected to be restored.

(c)The form shall include a place for the person to sign indicating that he or she understands that he or she may not vote in any election until his or her civil rights are restored. The form shall include a place also for a witness signature.

(d)The department shall retain the form, and a copy shall be given to the person.

(3b)Establish regulations for persons placed on lifetime supervision under s. 939.615 , supervise and provide services to persons placed on lifetime supervision under s. 939.615 and promulgate rules for the administration of matters relating to lifetime supervision under s. 939.615 .

(3c)If requested by the department of health services, contract with that department to supervise and provide services to persons who are conditionally transferred or discharged under s. 51.37

(9), conditionally released under s. 971.17

(3), or placed on supervised release under s. 980.06

(2), 1997 stats., or s. 980.08 .

(3d)If requested by the department of health services, contract with that department to provide a secure mental health unit or facility under s. 980.065

(2).

(3g)Provide treatment for alcoholics and intoxicated persons on parole or extended supervision.

(3m)Monitor compliance with deferred prosecution agreements under s. 971.39 .