DOC 303.49(2) (2) The inmate has a valid pass to be in some other location.
DOC 303.49(3) (3) The inmate is authorized to skip the event.
DOC 303.49 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.50 DOC 303.50 Loitering. Inmates shall walk at a normal pace, following a normal route, and without delay when going to and from all activities and their quarters. Any inmate who violates this section is guilty of an offense.
DOC 303.50 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.51 DOC 303.51 Leaving assigned area. Any inmate who leaves a room or area where the inmate is required to be is guilty of an offense, unless one of the following exists:
DOC 303.51(1) (1) The inmate gets permission to leave from a staff member supervising the activity.
DOC 303.51(2) (2) The inmate has a valid pass to go somewhere else at that time.
DOC 303.51 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.511 DOC 303.511 Being in an unassigned area. Any inmate who, without a staff member's permission, enters or remains in a room or area other than the one to which the inmate is assigned is guilty of an offense.
DOC 303.511 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.52 DOC 303.52 Entry of another inmate's quarters. Any inmate who enters the quarters of any other inmate or permits another to enter their own quarters, is guilty of an offense, unless such entry is the result of one of the following:
DOC 303.52(1)(a)(a) Part of a work assignment and under the supervision of a staff member.
DOC 303.52(1)(b) (b) Allowed according to institution policies and procedures.
DOC 303.52(2) (2) Reaching, leaning, or putting any object or part of the body into another inmate's quarters is included in "entering."
DOC 303.52 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01.
subch. VIII of ch. DOC 303 Subchapter VIII — Offenses Against Safety And Health
DOC 303.54 DOC 303.54 Improper storage. The inmate shall keep toiletries, hobby materials, medications, cleaning supplies and certain other items in the original containers, unless otherwise specified, and in the authorized place. Any inmate who stores any of these items in a different container or in an unauthorized place is guilty of an offense.
DOC 303.54 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.55 DOC 303.55 Dirty quarters. Any inmate who does not comply with institution procedures for orderly and clean quarters is guilty of an offense, provided the inmate had knowledge of the condition of his or her quarters and had the opportunity to clean or rearrange it.
DOC 303.55 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.56 DOC 303.56 Poor grooming.
DOC 303.56(1)(1) Any inmate whose personal cleanliness or grooming is a health hazard to the inmate or others or is offensive to others, and who has knowledge of this condition and the opportunity to correct it, but does not, is guilty of an offense.
DOC 303.56(2) (2) Any inmate who fails to shower at least once a week, unless the inmate has a medical excuse, is guilty of an offense.
DOC 303.56(3) (3) The institution may require inmates performing work assignments which may be hazardous to maintain suitably cut hair, or to wear protective equipment. Any inmate who fails to wear such required equipment or who fails to maintain suitably cut hair is guilty of an offense.
DOC 303.56 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.57 DOC 303.57 Misuse of prescription medication. Any inmate who does any of the following is guilty of an offense:
DOC 303.57(1) (1) Takes more of a prescription medication than was prescribed.
DOC 303.57(2) (2) Takes a prescription medication more often than was prescribed.
DOC 303.57(3) (3) Takes a prescription medication which was not prescribed for the inmate.
DOC 303.57(4) (4) Possesses or takes any prescription medication except at the time and place where the inmate is supposed to take it.
DOC 303.57(5) (5) Improperly disposes of any prescription medication. The inmate shall return unused medication to staff.
DOC 303.57 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.58 DOC 303.58 Disfigurement. Any inmate who disfigures, cuts, pierces, removes, mutilates, discolors or tattoos any part of the inmate's body or the body of another, is guilty of a offense.
DOC 303.58 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01.
subch. IX of ch. DOC 303 Subchapter IX — Miscellaneous Offenses
DOC 303.59 DOC 303.59 Use of intoxicants.
DOC 303.59(1)(1) Any inmate who takes into the inmate's body any intoxicating substance, except prescription medication in accordance with the prescription, is guilty of an offense.
DOC 303.59(2)(a)(a) When a test on an inmate's body specimen or a physical examination of an inmate indicates use of an intoxicating substance, the inmate is guilty of an offense.
DOC 303.59(2)(b) (b) The institution shall confirm results of a test conducted under par. (a) by a second test if the inmate requests a confirmatory test immediately after the institution informs the inmate of a positive test result.
DOC 303.59(2)(c) (c) Any confirmatory test shall be conducted in accordance with department procedures.
DOC 303.59(2)(d) (d) An inmate who requests a confirmatory test shall pay for the cost of the test. If the inmate does not have sufficient funds to pay for the cost of the test, the institution in which the inmate is confined shall loan the inmate the necessary funds. If the confirmatory test does not validate the results of the first test, the institution shall refund any money the inmate contributed to the cost of the confirmatory test.
DOC 303.59(3) (3) An inmate who refuses to provide a body specimen, submit to a physical examination, or a breathalyzer test, is guilty of the offense of use of intoxicants.
DOC 303.59 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.60 DOC 303.60 Gambling. Any inmate who is involved in gambling, gambles or possesses any gambling material is guilty of an offense. "Gambles" includes betting money or anything of value on the outcome of all or any part of any game of skill or chance or an athletic contest or on the outcome of any event, or participation in any lottery or sweepstakes.
DOC 303.60 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.61 DOC 303.61 Refusal to work or attend school. Any inmate who refuses to perform a work assignment or attend school, is guilty of an offense.
DOC 303.61 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.62 DOC 303.62 Inadequate work or study performance. Any inmate whose work fails to meet the standards set for performance on a job or school program and who has the ability to meet those standards, is guilty of an offense.
DOC 303.62 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.63 DOC 303.63 Violations of institution policies and procedures. Each institution may make specific substantive disciplinary policies and procedures. Any inmate who violates any of these specific disciplinary policies and procedures is guilty of an offense.
DOC 303.63 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.631 DOC 303.631 Violating conditions of leave. Any inmate who violates conditions of leave imposed under s. DOC 326.10 is guilty of an offense.
DOC 303.631 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01.
subch. X of ch. DOC 303 Subchapter X — Disciplinary Procedure And Penalties
DOC 303.64 DOC 303.64 Disciplinary violations—possible dispositions. The institution may deal with a violation of ss. DOC 303.12 to 303.63 in the following ways:
DOC 303.64(1) (1) If a staff member determines that a conduct report is not required, the staff member may counsel and warn the inmate under s. DOC 303.65.
DOC 303.64(2) (2) The staff member may dispose of a minor violation summarily under s. DOC 303.74.
DOC 303.64(3) (3) Staff may refer any violation to the security director in writing by a conduct report as provided under s. DOC 303.66. The security director may deal with these violations as follows:
DOC 303.64(3)(a) (a) The security director may dismiss, alter or correct the report as provided under s. DOC 303.67.
DOC 303.64(3)(b) (b) If the violation is a minor one, the security director shall refer the matter to a hearing officer to be disposed of in accordance with s. DOC 303.75.
DOC 303.64(3)(c) (c) If the violation is a major one, the security director shall refer the matter to a hearing officer to be disposed of in accordance with ss. DOC 303.76 to 303.84.
DOC 303.64(4) (4) The security director may refer violations of the criminal law to law enforcement authorities for further investigation and prosecution. Whether or not prosecution is started, the institution may handle the incident as a disciplinary offense.
DOC 303.64(5) (5) If the adjustment committee finds an inmate guilty, the adjustment committee may refer the inmate to program review to review the inmate's program assignment and custody level.
DOC 303.64 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.65 DOC 303.65Offenses that do not require a conduct report.
DOC 303.65(1)(1) The department does not require staff members to make official conduct reports on all observed violations of the disciplinary rules. Under any of the following conditions, staff may merely inform the inmate that the inmate's behavior is against the rules and discuss the inmate's behavior and give a warning if:
DOC 303.65(1)(a) (a) The inmate is unfamiliar with the rule.
DOC 303.65(1)(b) (b) The inmate has not violated the same or a closely related rule within the previous year (whether or not a conduct report was made).
DOC 303.65(1)(c) (c) The inmate is unlikely to repeat the offense if warned and counseled.
DOC 303.65(1)(d) (d) Although the inmate's acts were a technical violation of a rule, the purposes of this chapter would not be served by writing a conduct report in the particular situation.
DOC 303.65(2) (2) The staff member shall write a conduct report if an inmate commits a major offense.
DOC 303.65(3) (3) The department does not require staff to make official reports of dispositions made in accordance with sub. (1).
DOC 303.65(4) (4) The security director may strike a charge if the security director believes the charge is inappropriate, in accordance with s. DOC 303.67. The hearing officer, adjustment committee or warden may not review the security director's decision to strike a charge.
DOC 303.65 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.66 DOC 303.66 Conduct report.
DOC 303.66(1)(1) Except under the conditions described in s. DOC 303.65, any staff member who observes or finds out about a rule violation shall do any investigation necessary to assure that a violation occurred, and if the staff member believes a violation has occurred, shall write a conduct report. If more than one staff member knows of the same incident, only one of them shall write a conduct report.
DOC 303.66(2) (2) In the conduct report, the staff member shall describe the facts in detail and what other staff members reported, and list the sections of ch. DOC 303 which were allegedly violated, even if they overlap.
DOC 303.66(3) (3) The institution shall issue only one conduct report for each act or transaction that is alleged to violate these sections. If one act or transaction is a violation of more than one section, the institution shall only issue one conduct report.
DOC 303.66 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.67 DOC 303.67 Review by security office.
DOC 303.67(1) (1) Within 2 working days of the date of issuance, the security director shall review all conduct reports.
DOC 303.67(2) (2) The security director shall review and approve conduct reports which resulted in summary disposition prior to entry in any of the inmate's records.
DOC 303.67(3) (3) The security director shall review conduct reports for the appropriateness of the charge.
DOC 303.67(3)(a) (a) The security director may dismiss a conduct report.
DOC 303.67(3)(b) (b) The security director shall strike any section number if the statement of facts could not support a finding of guilty of violating that section.
DOC 303.67(3)(c) (c) The security director may add any section number if the statement of facts could support a finding of guilty of violating that section and the addition is appropriate.
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