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.
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(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)(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(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.
DOC 303.70(9)(a)(a) Inmates in program segregation earn neither extra good time nor compensation. Inmates in disciplinary separation continue to earn good time, but may not earn compensation.
DOC 303.70(9)(b)
(b) Program segregation is concurrent to all segregation or disciplinary separation time. Program segregation starts the day of the disposition. When concurrent to disciplinary separation, the rules for program segregation apply.
DOC 303.70(9)(c)
(c) Disciplinary separation is concurrent to all segregation statuses. When concurrent to other segregation statuses, the rules of the other statuses govern.
DOC 303.70(10)
(10) Canteen. Inmates in program segregation and disciplinary separation may have approved items brought in from the canteen but may not go to the canteen in person.
DOC 303.70(11)
(11) Special rules. Institutions may establish policies and procedures for the orderly operation of facilities used for inmates in program segregation and disciplinary separation.
DOC 303.70(12)
(12) Review of program segregation and disciplinary separation. The warden may review an inmate's status in program segregation and disciplinary separation at any time and may place the inmate in the general population at any time. The warden shall review such status at least every 30 days.
DOC 303.70 History
History: Cr.
Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.71(1)
(1)
Use. A security supervisor may order into controlled segregation any inmate in segregated status who exhibits disruptive or destructive behavior. Staff shall not place an inmate in controlled segregation unless a conduct report is written for the conduct giving rise to the use of controlled segregation.
DOC 303.71(1)(a)
(a) A security supervisor may not order controlled segregation for more than 72 hours for a single inmate, but the security director may extend the placement for uncontrollable behavior.
DOC 303.71(1)(b)
(b) The security director shall review extensions every 24 hours. When the inmate's behavior is brought under control, the person who authorized the extension shall remove the inmate from controlled segregation.
DOC 303.71(2)
(2) Conditions. The institution shall provide inmates in controlled segregation the following: clean mattress, sufficient light to read by for at least 12 hours per day, sanitary toilet and sink and adequate ventilation and heating.
DOC 303.71(3)
(3) Necessities. The institution shall provide the following for each inmate in controlled segregation: adequate clothing, essential hygiene supplies, and nutritionally adequate meals. While an inmate is acting in a disruptive manner, the institution shall maintain close control of all property.
DOC 303.71(4)
(4) Visits. Inmates in controlled segregation may not receive visits, including no-contact visits, except from their attorney or with permission from the security director.
