DOC 303.01(3)(b)
(b) The maintenance of a safe setting in which inmates can participate in constructive programs.
DOC 303.01(3)(c)
(c) The rehabilitation of inmates through the development of their ability to live with others, within rules.
DOC 303.01(3)(e)
(e) The development and maintenance of respect for the correctional system and for our system of government through fair treatment of inmates.
DOC 303.01 History
History: Cr.
Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.02
DOC 303.02
Definitions. In this chapter:
DOC 303.02(1)
(1) "Adjustment committee" means adjustment committee or hearing officer.
DOC 303.02(2)
(2) "Administrator" means an administrator of a division of the department of corrections, or designee.
DOC 303.02(4)
(4) "Bodily injury" means injury or physical pain, illness or any impairment of physical condition.
DOC 303.02(5)
(5) "Case record" means any file folder or other method of storing information which is accessible by the use of an individual inmate's name or other identifying symbol.
DOC 303.02(7)
(7) "Consent" means words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to have sexual intercourse or sexual contact. A person under 15 years of age is incapable of consent as a matter of law. The department presumes that the following persons are incapable of consent but the presumption may be rebutted by competent evidence:
DOC 303.02(7)(b)
(b) A person suffering from a mental illness or defect which impairs capacity to appraise personal conduct.
DOC 303.02(7)(c)
(c) A person who is unconscious or for any other reason is physically unable to communicate unwillingness to an act.
DOC 303.02(8)
(8) "Department" means the department of corrections.
DOC 303.02(9)
(9) "Division" means the division of adult institutions, department of corrections.
DOC 303.02(11)
(11) "Inmate gang" means a group of inmates which is not sanctioned by the warden under
s. DOC 309.22.
DOC 303.02(12)
(12) "Institution" means a correctional institution, correctional facility, or center or a prison defined under intensive sanctions in
ch. DOC 333 or a facility that the department contracts with for services to inmates.
DOC 303.02(13)
(13) "Intimate parts" means breast, penis, buttocks, scrotum, or vaginal area or any other parts of the body that may result in sexual arousal or gratification for either party.
DOC 303.02(14)
(14) "Intoxicating substance" means anything which if taken into the body may alter or impair normal mental or physical functions. Tobacco is not included.
DOC 303.02(15)
(15) "Negotiable instrument" is a writing, signed by the maker or drawer, which contains a promise to pay which is payable on demand or at a specified time, and which is payable to the order of the bearer.
DOC 303.02(16)
(16) "Possession" means on one's person, in one's quarters, in one's locker or under one's physical control. The department considers possession an activity under
s. DOC 303.20 (3).
DOC 303.02(17)
(17) "Public" means outside of the inmate complaint review system.
DOC 303.02(18)
(18) "Security director" means the security director at an institution, or designee.
DOC 303.02(19)(a)
(a) Kissing except for that allowed under policy and procedures of an institution.
DOC 303.02(19)(b)
(b) Handholding except for that allowed under policy and procedures of an institution.
DOC 303.02(19)(c)
(c) Touching by the intimate parts of one person to any part of another person whether clothed or unclothed.
DOC 303.02(19)(d)
(d) Any touching by any part of one person or with any object or device of the intimate parts of another person or any other parts of the body that may result in sexual arousal or gratification for either party except as provided for in
s. DOC 309.11 (2).
DOC 303.02(20)
(20) "Sexual intercourse" means any penetration, however slight, by the penis into the mouth, vagina, or anus of another person, or any penetration by any part of the body or an object into the anus or vagina of another person.
DOC 303.02(21)
(21) "Staff" means any state employee, an employee of a contract facility, an independent contractor, or a volunteer of the department or institution.
DOC 303.02(22)
(22) "TLU" means temporary lock up which is a nonpunitive segregated status allowing an inmate to be removed from the general population pending further administrative action.
DOC 303.02(23)
(23) "Warden" means the warden at an institution, or the warden's designee.
DOC 303.02(24)
(24) "Without consent" means no consent in fact or that consent is given for any of the following reasons:
DOC 303.02(24)(b)
(b) Because the actor purported to be acting under legal authority.
DOC 303.02(24)(c)
(c) Because the victim did not understand the nature of the thing to which the victim consented.
DOC 303.02(25)
(25) "Working days" means all days except Saturdays, Sundays, and state legal holidays.
DOC 303.02 History
History: Cr.
Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.03(1)
(1) If one offense is a lesser included offense of another, then if the reporting staff member charges an inmate with the greater offense, the staff member has charged the inmate with the lesser included offense.
DOC 303.03(2)
(2) The adjustment committee may find an inmate guilty of a lesser included offense of the offense charged, even if the reporting staff member did not expressly charge the inmate with the lesser included offense.
DOC 303.03(3)
(3) The adjustment committee may not find an inmate guilty of 2 offenses or punish the inmate for 2 offenses based on a single incident if one offense is a lesser included offense of the other.
DOC 303.03(4)
(4) The adjustment committee may not find an offense a lesser included offense of another unless it is so listed in the following table:
-
See PDF for table 
DOC 303.03(5)
(5) After each note to a substantive offense under this chapter, all offenses which are lesser included offenses of the offense are listed, except that aiding and abetting, attempt, and conspiracy are not listed. They are always lesser included offenses of the completed offense.
DOC 303.03 History
History: Cr.
Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.05(1)(1) If 2 or more inmates or others plan or agree to do acts which are prohibited under this chapter, all inmates may be guilty of an offense.
DOC 303.05(2)
(2) An inmates who plans or agrees with individuals to do acts which are forbidden under this chapter is guilty of an offense.
DOC 303.05(3)
(3) The penalty for conspiracy may be the same as the penalty for the most serious of the planned offenses.
DOC 303.05(4)
(4) The number used for conspiracies in recordkeeping and conduct reports shall be the offense's number plus the suffix C.
DOC 303.05 History
History: Cr.
Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.06(1)(1) An inmate is guilty of attempt to violate a rule if either of the following are true:
DOC 303.06(1)(a)
(a) The inmate planned to do something which would have been a rule violation if actually committed.
DOC 303.06(1)(b)
(b) The inmate did acts which showed a plan to violate the rule when the acts occurred.
DOC 303.06(2)
(2) The number used for attempts in recordkeeping and conduct reports shall be the offense's number plus the suffix A.
DOC 303.06 Note
Note: Note: Battery is DOC 303.12. Attempted battery is DOC 303.12-A.
DOC 303.06(3)
(3) The penalty for an attempt may be the same as for the completed offense. See Table DOC 303.84.
DOC 303.06(4)
(4) Staff may charge an inmate with both a substantive offense and attempt to commit that offense, based on the same incident, but may find an inmate guilty of only one.
DOC 303.06 History
History: Cr.
Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.07(1)
(1) An inmate who does any of the following is guilty of aiding and abetting a rule violation:
DOC 303.07(1)(b)
(b) Assists another in planning or preparing for a rule violation.
DOC 303.07(1)(c)
(c) Assists another during commission of an offense, whether or not the assistance was planned in advance.
DOC 303.07(1)(d)
(d) Assists another to prevent discovery of a violation or the identity of the person who committed it.
DOC 303.07(2)
(2) The institution shall use the offense's number plus the suffix B for aiding and abetting in record keeping and conduct reports.
DOC 303.07 Note
Note: Battery is DOC 303.12. Aiding and abetting a battery is DOC 303.12-B.
DOC 303.07(3)
(3) The reporting staff member may charge an inmate with both a substantive offense and aiding and abetting that offense, based on the same incident, but the adjustment committee may find the inmate guilty of only one offense.
DOC 303.07(4)
(4) The reporting staff member may charge and the adjustment committee may find an inmate guilty of aiding and abetting even if no one is charged or found guilty of committing the offense. The principal should, if possible, be identified when the inmate is charged.
DOC 303.07(5)
(5) The adjustment committee may impose the same penalty for aiding and abetting as for the substantive offense. See Table DOC 303.84.
DOC 303.07(6)
(6) The adjustment committee need not base the penalty given to an inmate who aids and abets in any way on the penalty, if any, given to the inmate who actually committed the offense.
DOC 303.07 History
History: Cr.
Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.08
DOC 303.08
Institutional policies and procedures.
