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.
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(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)(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 303.65 Offenses 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)(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(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(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)(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.
DOC 303.67(3)(d)
(d) The security director may refer a conduct report for further investigation.
DOC 303.67(4)
(4) The security director shall divide all remaining conduct reports into major offenses, which include those with both major and minor offenses, in accordance with
ss. DOC 303.76 to
303.84, and shall dispose of minor offenses in accordance with
s. DOC 303.75.
DOC 303.67 History
History: Cr.
Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.68
DOC 303.68
Major and minor penalties and offenses. DOC 303.68(1)(a)
(a) A "major penalty" is adjustment segregation as defined in
ss. DOC 303.69 and
303.84, program segregation as defined in
ss. DOC 303.70 and
303.84, loss of earned good time or extension of mandatory release date under
s. DOC 303.84, disciplinary separation under
s. DOC 303.70, room confinement of 16 to 30 days, loss of recreation privileges for over 60 days for inmates in the general population, loss of recreation privileges for over 8 days for inmates in segregation, building confinement for over 30 days, and loss of specific privileges for over 60 days. The adjustment committee may impose a minor penalty for a violation where a major penalty could be imposed. The adjustment committee may impose restitution in addition to or in lieu of any major penalty and may impose any combination of penalties.
DOC 303.68(1)(b)
(b) A "minor penalty" is a reprimand, loss of recreation privileges for 1 to 60 days for an inmate in general population, loss of recreation privileges for 1 to 8 days for inmates in segregation, building confinement for 1 to 30 days, room confinement for 1 to 15 days, loss of a specific privilege for 1 to 60 days, extra duty for up to 80 hours, assignments to secure work crews under
ch. DOC 304, and restitution in accordance with
ss. DOC 303.72 and
303.84. The adjustment committee may impose restitution in addition to or in lieu of any other minor penalty and may impose any combination of penalties.
DOC 303.68(1)(c)
(c) A "major offense" is a violation of a disciplinary rule for which a major penalty may be imposed if the accused inmate is found guilty.
DOC 303.68(1)(d)
(d) A "minor offense" is any violation of a disciplinary rule which is not a major offense under
sub. (3) or
(5) or which the security director has not classified as a major offense.
DOC 303.68(2)
(2) Except for an offense listed under
sub. (3) or covered by
sub. (5), an offense is neither a major nor a minor offense until the security director classifies it as major or minor.
DOC 303.68(4)
(4) The institution may handle an alleged violation of any section other than ones listed in
sub. (3) as either a major or minor offense. The security director shall decide whether it shall be treated as a major or minor offense, if the offense has not been disposed of summarily in accordance with
s. DOC 303.76. In deciding whether an alleged violation should be treated as a major or minor offense, the security director shall consider the following criteria and shall indicate in the record of disciplinary action the reason for the decision based on these criteria:
DOC 303.68(4)(a)
(a) Whether the inmate has previously been found guilty of the same or a similar offense, how often, and how recently.
DOC 303.68(4)(b)
(b) Whether the inmate has recently been warned about the same or similar conduct.
DOC 303.68(4)(c)
(c) Whether the alleged violation created a risk of serious disruption at the institution or in the community.
DOC 303.68(4)(d)
(d) Whether the alleged violation created a risk of serious injury to another person.
DOC 303.68(4)(e)
(e) The value of the property involved, if the alleged violation was actual or attempted damage to property, misuse of property, possession of money, gambling, unauthorized transfer of property, soliciting staff or theft.
DOC 303.68(5)
(5) The adjustment committee shall handle any conduct report containing at least one charge of a major offense as a major offense, even if it also includes minor offenses. Any such conduct report may result in major penalties.
DOC 303.68(6)
(6) The institution shall handle any alleged violation of a rule which may result in a suspension of visiting or correspondence privileges, work or study release, or leave.
DOC 303.68 History
History: Cr.
Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.69
DOC 303.69
Major penalties: adjustment segregation. DOC 303.69(1)(1)
Conditions. Adjustment segregation may not exceed the time period specified in
s. DOC 303.84. The institution shall provide inmates in adjustment segregation the following:
DOC 303.69(2)
(2) Necessities. The institution shall provide the following for each inmate in adjustment segregation but the items need not be kept in the cell, as determined by the warden based on safety and security concerns:
DOC 303.69(2)(b)
(b) Toothbrush, toothpaste, soap, a towel, a face cloth and a small comb, unless the inmate is allowed to use personal hygiene supplies.
DOC 303.69(3)
(3) Other property. The institution may allow inmates in adjustment segregation access to material pertaining to legal proceedings and law books or other property provided by the institution.
DOC 303.69(4)
(4) Visits and telephone calls. The institution shall permit inmates in adjustment segregation visitation and telephone calls in accordance with
ch. DOC 309.
DOC 303.69(5)
(5) Correspondence. Inmates in adjustment segregation may receive and send first class mail in accordance with the departmental rules relating to inmate mail.
DOC 303.69(6)
(6) Showers. The institution shall permit inmates in adjustment segregation to shower at least once every 4 days.
