DOC 303.10(1)(f)
(f) Anything used as evidence for a disciplinary hearing deemed contraband by the adjustment committee or hearing officer.
DOC 303.10(2)
(2) Seizure. Any staff member who believes that an item is contraband may seize the item. The institution shall return property which is not contraband to the owner or dispose of the property in accordance with division Internal Management Procedures.
DOC 303.10(3)
(3) Disposition. The hearing officer, adjustment committee, or security director shall dispose of items in accordance with institution policies and procedures. If the inmate files a grievance regarding the seizure or disposition of the property, the institution shall retain property until the warden makes a final decision on the grievance.
DOC 303.10(4)
(4) Inmate reporting. Inmates shall immediately report to staff any property item that becomes damaged.
DOC 303.10 History
History: Cr.
Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.11(1)
(1) A security supervisor, security director, or warden may place an inmate in temporary lockup or TLU.
DOC 303.11(2)
(2) If the security supervisor places an inmate in temporary lockup, the security director shall review this action within 2 working days. Before this review and the review provided for in
sub. (3), the institution shall provide the inmate with the reason for confinement in TLU and with an opportunity to respond, either orally or in writing. If upon review, the security director determines that TLU is not appropriate, the institution shall release the inmate from TLU immediately.
DOC 303.11(3)
(3) The institution shall not allow any inmate to remain in TLU more than 21 days, except that the warden may extend this period for up to 21 additional days. The administrator may extend an inmate's time in TLU for a second time. The security director shall review the status of each inmate in TLU every 7 days to determine whether TLU continues to be appropriate.
DOC 303.11(4)
(4) The institution may place an inmate in TLU and keep the inmate there if the decision- maker believes that one or more of the following is present:
DOC 303.11(4)(a)
(a) If the inmate remains in the general population, the inmate may impede a pending investigation or disciplinary action.
DOC 303.11(4)(b)
(b) If the inmate remains in the general population, it may be disruptive to the operation of the institution.
DOC 303.11(4)(c)
(c) If the inmate remains in the general population, it may create a danger to the physical safety of the inmate or another.
DOC 303.11(4)(d)
(d) If the inmate remains in the general population, it may create a danger that the inmate will try to escape from the institution.
DOC 303.11(5)
(5) Institution staff shall document the reasons for TLU placement and shall notify the inmate of the reasons.
DOC 303.11(6)
(6) The institution shall continue to compensate an inmate who had been earning institution compensation at the rate earned in the inmate's previous status, except that the institution shall compensate an inmate employed by prison industries in accordance with
s. DOC 313.11. If
1983 Wis. Act 528 does not apply to the inmate, the inmate shall continue to earn extra good time credit. If the reporting staff member charges an inmate in a private sector/prison industry enhancement certification program with one or more offenses under this chapter, and the adjustment committee finds the inmate not guilty of all charges, the institution in which the inmate is confined shall pay the inmate at the prison's maximum pay rate for all hours absent from work due to the disciplinary process including temporary lock-up time. If the adjustment committee finds the inmate in a private sector/prison industry enhancement certification program guilty, the department shall not pay the inmate any pay for hours absent due to the disciplinary process.
DOC 303.11(7)
(7) TLU time shall not be considered time served for disciplinary penalty purposes.
DOC 303.11 History
History: Cr.
Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.12(1)(1) Any inmate who causes bodily injury or harm to another is guilty of an offense.
DOC 303.12(2)
(2) Any inmate who spits or throws or uses body fluids or waste or any substance on another is guilty of an offense.
DOC 303.12(3)
(3) Any inmate who causes the death of another is guilty of an offense.
DOC 303.12 History
History: Cr.
Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.13
DOC 303.13
Sexual assault—intercourse. Any inmate who has sexual intercourse, as defined in
s. DOC 303.02 (20), with another person without that person's consent is guilty of an offense.
DOC 303.13 History
History: Cr.
Register, December, 2000, No. 540, eff. 1-1-01; correction made under s. 13.93 (2m) (b) 7., Stats.,
Register May 2003 No. 569.
DOC 303.14
DOC 303.14
Sexual assault—contact. Any inmate who has sexual contact, as defined in
s. DOC 303.02 (19), with another person without that person's consent is guilty of an offense.
DOC 303.14 History
History: Cr.
Register, December, 2000, No. 540, eff. 1-1-01; correction made under s. 13.93 (2m) (b) 7., Stats.,
Register May 2003 No. 569.
DOC 303.15(1)(1) Any inmate who does any of the following is guilty of an offense:
DOC 303.15(1)(c)
(c) Requests, hires or tells another person to have sexual intercourse or sexual contact.
DOC 303.15(1)(d)
(d) Exposes the inmate's own intimate parts to another person for the purpose of sexual arousal or gratification.
DOC 303.15(1)(e)
(e) Has contact with or performs acts with an animal that would be sexual intercourse or sexual contact if with another person.
DOC 303.15(1)(f)
(f) Clutches, fondles, or touches the inmate's own intimate parts, whether clothed or unclothed, while observable by others.
DOC 303.15(2)
(2) Lack of consent is not an element of the offense of sexual conduct.
DOC 303.15 History
History: Cr.
Register, December, 2000, No. 540, eff. 1-1-01; corrections in (1) (a) and (b) made under s. 13.93 (2m) (b) 7., Stats.,
Register May 2003 No. 569.
DOC 303.16
DOC 303.16
Threats. Any inmate who does any of the following is guilty of an offense:
DOC 303.16(1)
(1) Communicates to another a plan to physically harm, harass or intimidate that person or another.
DOC 303.16(2)
(2) Communicates a plan to cause damage to or loss of that person's or another person's property.
DOC 303.16(3)
(3) Communicates a plan to make an accusation he or she knows is false.
DOC 303.16 History
History: Cr.
Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.17
DOC 303.17
Fighting. Any inmate who participates in a fight is guilty of an offense. "Fight" means any situation where 2 or more people are trying to injure each other by any physical means.
DOC 303.17 History
History: Cr.
Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.18
DOC 303.18
Inciting a riot. Any inmate who encourages, directs, commands, coerces or signals one or more other persons to participate in a riot is guilty of an offense. "Riot" means a disturbance to institutional order caused by a group of 2 or more inmates which creates a risk of injury to persons or property.
DOC 303.18 History
History: Cr.
Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.19
DOC 303.19
Participating in a riot. Any inmate who participates in a riot, as defined under
s. DOC 303.18, or who remains in a group where some members of the group are participating in a riot, is guilty of an offense.
DOC 303.19 History
History: Cr.
Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.20
DOC 303.20
Group resistance and petitions. DOC 303.20(1)(1) Any inmate who participates in any group activity which is not approved under
s. DOC 309.365 or is contrary to provisions of this chapter is guilty of an offense.
DOC 303.20(2)
(2) Any inmate who joins in or solicits another to join in any group petition or statement is guilty of an offense, except that the following activities are not prohibited:
DOC 303.20(2)(d)
(d) Group petitions to government bodies, legislators, courts or newspapers.
DOC 303.20(3)
(3) Any inmate who participates in any activity with an inmate gang, as defined in
s. DOC 303.02 (11), or possesses any gang literature, creed, symbols or symbolisms is guilty of an offense. An inmate's possession of gang literature, creed symbols or symbolism is an act which shows that the inmate violates the rule. Institution staff may determine on a case by case basis what constitutes an unsanctioned group activity.
DOC 303.20 History
History: Cr.
Register, December, 2000, No. 540, eff. 1-1-01; corrections in (1) and (2) (c) made under s. 13.93 (2m) (b) 7., Stats.,
Register, March, 2001, No. 543.
DOC 303.21
DOC 303.21
Cruelty to animals. Any inmate who causes bodily injury to an animal or the unauthorized death of an animal is guilty of an offense.
DOC 303.21 History
History: Cr.
Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.22(1)(1) An inmate who does or attempts to do any of the following without permission is guilty of an offense:
DOC 303.22(1)(b)
(b) Leaves the custody of a staff member while outside of the institution.
DOC 303.22(1)(d)
(d) Leaves the authorized area to which the inmate is assigned.
DOC 303.22(2)
(2) Any inmate who makes or possesses any materials for use in escape is guilty of an offense.
DOC 303.22 History
History: Cr.
Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.23
DOC 303.23
Disguising identity. Any inmate who conceals or disguises the inmate's usual appearance to interfere with or prevent identification is guilty of an offense.
DOC 303.23 History
History: Cr.
Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.24(1)(1) Any inmate who disobeys a verbal or written directive or order from any staff member, directed to the inmate or to a group of which the inmate is or was a member is guilty of an offense.
DOC 303.24(2)
(2) An inmate is guilty of an offense if the inmate commits an act which violates an order, whether the inmate knew or should have known that the order existed.
DOC 303.24 History
History: Cr.
Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.25
DOC 303.25
Disrespect. Any inmate who shows disrespect to any person is guilty of an offense, whether or not the subject of the disrespect is present and even if the expression of disrespect is in writing. Disrespect includes, but is not limited to, derogatory or profane writing, remarks or gestures, name-calling, yelling, and other acts made outside the formal complaint process which are expressions of disrespect for authority.
DOC 303.25 History
History: Cr.
Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.26
DOC 303.26
Soliciting staff. An inmate who does any of the following is guilty of an offense:
DOC 303.26(1)
(1) Offers or gives anything to a staff member or acquaintance or family of a staff member. This subsection does not apply to anything authorized by these rules or institution policy and procedure.
DOC 303.26(2)
(2) Requests or accepts anything from a staff member or acquaintance or family of a staff member. This subsection does not apply to anything authorized by these rules or institution policy and procedure.
DOC 303.26(3)
(3) Buys anything from, or sells anything to, a staff member or acquaintance or family of a staff member. This subsection does not apply to items for sale in accordance with institutional procedures.
DOC 303.26(4)
(4) Requests a staff member or acquaintance or family of a staff member to purchase anything for the inmate. The warden may allow this by special authorization.
DOC 303.26(5)
(5) Requests another person to give anything to a staff member, or agrees with another person to give anything to a staff member or acquaintance or family of a staff member.
DOC 303.26(6)
(6) Conveys affection to, or about staff verbally or in writing whether personally written or commercially written or by drawings; or asks for addresses, phone numbers, favors or requests special attention of a staff member or acquaintance or family of a staff member.
DOC 303.26 History
History: Cr.
Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.27
DOC 303.27
Lying. Any inmate who makes a false written or oral statement which may affect the integrity, safety or security of the institution is guilty of an offense.
DOC 303.27 History
History: Cr.
Register, December, 2000, No. 540, eff. 1-1-01.
