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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.
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(3) (3) Any violation of the following sections is a major offense: - See PDF for table PDF
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(1)(a) (a) Clean mattress.
DOC 303.69(1)(b) (b) Sufficient light to read by at least 12 hours per day.
DOC 303.69(1)(c) (c) Sanitary toilet and sink.
DOC 303.69(1)(d) (d) Adequate ventilation and heating.
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)(a) (a) Adequate clothing and bedding.
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(2)(c) (c) Writing materials and stamps.
DOC 303.69(2)(d) (d) Holy books.
DOC 303.69(2)(e) (e) Meals, which shall be nutritionally adequate.
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.
DOC 303.69(7) (7)Special procedures. The institution shall not allow any property in the cell except that described in subs. (1), (2) and (3), and letters received while in adjustment segregation. Institutions may establish policies and procedures for the orderly operation of facilities used for segregated inmates.
DOC 303.69(8) (8)Leaving cell. Inmates in adjustment segregation may not leave their cells except as needed for urgent medical or psychological attention, showers, visits, exercise and emergencies endangering their safety in the cell or other reasons as authorized by the warden. The warden may require inmates to wear mechanical restraints, as defined in s. DOC 306.09 (1), while the inmates are outside their cells.
DOC 303.69(9) (9)Exercise. The institution shall give an inmate in adjustment segregation an opportunity to exercise outside the inmate's cell at least once every eight days.
DOC 303.69(10) (10)Good time. An inmate shall not earn extra good time while in adjustment segregation. The institution shall not pay wages to inmates in adjustment segregation.
DOC 303.69(11) (11)Observation. The institution shall give a person placed in observation while in adjustment segregation credit toward the penalty being served.
DOC 303.69(12) (12)Time served. Adjustment segregation starts the day of the disposition. If the inmate is already in adjustment status, adjustment segregation is then consecutive to the current adjustment segregation being served and is concurrent to any other segregation or separation status being served.
DOC 303.69 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.70 DOC 303.70 Major penalties: program segregation and disciplinary separation.
DOC 303.70(1) (1) Conditions. Program segregation and disciplinary separation may not exceed the period specified in s. DOC 303.84. The adjustment committee or the hearing officer may impose program segregation or disciplinary separation for a major offense. The institution shall provide inmates in program segregation and disciplinary separation the following:
DOC 303.70(1)(a) (a) Clean mattress.
DOC 303.70(1)(b) (b) Sufficient light to read by at least 12 hours per day.
DOC 303.70(1)(c) (c) Sanitary toilet and sink.
DOC 303.70(1)(d) (d) Adequate ventilation and heating.
DOC 303.70(2) (2)Necessities. The institution shall provide the following for each inmate in program segregation or disciplinary separation, but the items need not be kept in the cell, as determined by the warden based on safety and security concerns:
DOC 303.70(2)(a) (a) Adequate clothing and bedding.
DOC 303.70(2)(b) (b) A toothbrush, toothpaste, soap, a towel, a face cloth and a small comb, unless the inmate is allowed to use personal hygiene supplies.
DOC 303.70(2)(c) (c) Writing materials and stamps.
DOC 303.70(2)(d) (d) Holy books.
DOC 303.70(2)(e) (e) Meals, which shall be nutritionally adequate.
DOC 303.70(3) (3)Other property. The institution may allow inmates in program segregation and disciplinary separation access to material pertaining to legal proceedings and law books or other property provided by the institution.
DOC 303.70(4) (4)Visits and telephone calls. The institution shall permit inmates in program segregation and disciplinary separation visitation and telephone calls in accordance with ch. DOC 309.
DOC 303.70(5) (5)Correspondence. Inmates in program segregation and disciplinary separation may receive and send first class mail in accordance with departmental rules relating to mail.
DOC 303.70(6) (6)Showers. The institution shall allow inmates in program segregation and disciplinary separation to shower at least once every 4 days.
DOC 303.70(7) (7)Services and programs. The institution shall provide social services, clinical services, program opportunities and an opportunity to exercise for inmates in program segregation and disciplinary separation, but the institution shall provide these services at the individual's cell, unless otherwise authorized by the warden.
DOC 303.70(8) (8)Leaving cell. Inmates in program segregation and disciplinary separation may not leave their cells except as needed for urgent medical or psychological attention, showers, visits, exercise and emergencies endangering their safety in the cell or other reasons as authorized by the warden. The warden may require inmates in program segregation or disciplinary separation to wear mechanical restraints, as defined in s. DOC 306.09 (1), while outside their cells.
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