Wis. Admin. Code Department of Corrections DOC 328.03

Current through October 28, 2024

Section DOC 328.03 - Definitions

In this chapter:

(1) "Abscond" means the failure of an offender to make himself or herself available as directed by the agent.

(2) "Administrator" means the administrator of the division or designee.

(3) "Advocate" means a person who assists in the presentation of the offender's position, is independent, and able to act in an offender's best interest. The advocate may not be a person in the custody or under the supervision of the department or an employee of the department.

(4) "Agent" means an employee of the division who may be assigned the responsibilities under this chapter.

(5) "Alternative to revocation" means placement in a program or imposition of a sanction in lieu of revocation.

(6) "Bodily harm" means physical pain or injury, illness, or any impairment of physical condition.

(7) "Body contents search" means a search in which the offender is required to provide a biological specimen, including but not limited to a sample of urine, breath, blood, stool, hair, fingernails, saliva, semen, or other identifying physical material.

(8) "Collateral" means any person who has contact with or information about an offender.

(9) "Commitment term" or "term" means that period of time during which the offender is subject to the control and supervision of the department.

(10) "Community supervision" or "supervision" means the control and management of offenders on probation, parole, extended supervision, or other statuses as authorized by court order or statute.

(11) "Conditions" means specific regulations imposed on the offender by the court or earned release review commission.

(12) "Contacts" means communications between an agent and an offender or collateral.

(13) "Contraband" means any of the following:

(a) Any item which the offender may not possess under the rules or conditions of the offender's custody or supervision.

(b) Any item whose possession is forbidden by law.

(14) "Deadly force" means force which the user reasonably believes will create a substantial risk of causing death or great bodily harm to another.

(15) "Department" means the department of corrections.

(16) "Discharge" means the completion of the term of supervision by an offender.

(17) "Division" means the division of community corrections.

(18) "Extended supervision" means that portion of a bifurcated sentence that is ordered to be served on community supervision as provided in s. 973.01, Stats.

(19) "Extension" means the continuation by the sentencing court of supervision beyond the current discharge date.

(20) "Financial resources" of an offender means any income or assets from any source under the offender's sole or joint control.

(21) "Force" means the exercise of strength or power to overcome resistance or to compel another to act or to refrain from acting in a particular way. It includes the use of mechanical or physical power or strength.

(22) "Great bodily harm" means bodily injury which creates a substantial risk of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury.

(23) "Hearing examiner" means a person appointed to preside over a hearing to determine whether the department may impose a condition of supervision requiring compliance with prescribed psychotropic medication. The hearing examiner may not currently be involved in the offender's treatment, diagnosis, or supervision, or the direct supervisor of the agent or psychiatrist treating the offender.

(24) "Incapacitating agent" means any product or device commercially manufactured for the purpose of temporary control of an offender.

(25) "Interstate compact" means an agreement between Wisconsin and another state in the United States or territory of the United States, which provides the means for community supervision of offenders between states as authorized under ss. 304.13, 304.135, 304.14, and 304.16, Stats.

(26) "Intoxicating substance" means anything which if taken into the body may alter or impair normal mental or physical functions.

(27) "Non-deadly force" means force which the user reasonably believes will not create a substantial risk of causing death or great bodily harm to another.

(28) "Offender" means a person who is committed to the custody of the department for correctional purposes and is under community supervision of the division.

(29) "Pat-down" means a frisk of the offender's body outside the clothing.

(30) "Personal search" means a search of an offender's person, including but not limited to the offender's pockets, an examination of the offender's shoes, hat, and other clothing, and a visual inspection inside the offender's mouth.

(31) "Region" means a subunit of the division.

(32) "Regional chief" means an employee or designee of the division responsible for the administration of a region.

(33) "Reporting" means a contact between an agent and offender determined by the rules or conditions of supervision.

(34) "Revocation" means the removal of an offender from community supervision in accordance with chs. DOC 331 and HA 2.

(35) "Rules" means departmental regulations applicable to a specific offender under supervision.

(36) "School" means a public school under s. 115.01(1), Stats., a charter school as defined in s. 115.001(1), Stats., or a private school as defined in s. 115.001(3r), Stats.

(37) "Secretary" means the secretary of the department or designee.

(38) "Supervision fees" means financial obligations imposed on offenders pursuant to s. 304.074, Stats.

(39) "Supervisor" means an employee of the division responsible for the oversight and management of staff involved in direct supervision of offenders.

(40) "Tolled time" means the period of time between the date of an offender's violation and the date the offender's supervision is reinstated or revoked.

(41) "Waiver" means the written relinquishment of known rights by an offender.

(42) "Working day" means each day, except Saturday, Sunday, and holidays designated in s. 230.35(4) (a), Stats.

Wis. Admin. Code Department of Corrections DOC 328.03

CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13; correction in (38) made under s. 13.92(4) (b) 7, Register June 2013 No. 690.