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.
DOC 303.71(5)
(5) Correspondence. Inmates in controlled segregation may receive and send first class mail in accordance with departmental rules relating to mail. The institution may provide correspondence materials if they do not pose a threat to anyone.
DOC 303.71(6)(a)(a) The institution shall not allow any property in the cell except that described in
subs. (2) and
(3), letters received while in controlled segregation and legal materials. Institutions may establish policies and procedures for the orderly operation of the facilities used for inmates in controlled segregation.
DOC 303.71(6)(b)
(b) Inmates in controlled segregation may not leave their cells except in emergencies endangering the inmate's safety in the cell or with permission from the security director. The warden may require inmates in controlled segregation to wear mechanical restraints, as defined in
s. DOC 306.09 (1), while outside their cells if the use of mechanical restraints is necessary to protect staff or inmates or to maintain the security of the institution.
DOC 303.71(7)
(7) Good time. An inmate in controlled segregation shall earn compensation if the inmate earned compensation in the previous status. If
1983 Wis. Act 528 does not apply to the inmate, the inmate earns extra good time if the inmate earned extra good time in the previous status.
DOC 303.71(8)
(8) Records. Staff shall visually check inmates in controlled segregation every half-hour and make a written record or log entry at each such interval noting the condition of the inmate.
DOC 303.71(9)
(9) Credit. The institution shall give an inmate in controlled segregation credit toward a term of program segregation and adjustment segregation during such period of confinement.
DOC 303.71 History
History: Cr.
Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.72
DOC 303.72
Other penalties. Other penalties in accordance with
ss. DOC 303.68 and
303.84 shall include any of the following:
DOC 303.72(1)
(1) Reprimand. The adjustment committee or hearing officer may impose a reprimand as a minor penalty. A reprimand is any oral statement by the committee or hearing officer to an inmate when the inmate is found guilty of a disciplinary offense. The committee or hearing officer shall only record the reprimand if no other penalty is given.
DOC 303.72(2)(a)(a) The adjustment committee or hearing officer may impose loss of recreation privileges for 1 to 60 days as a minor penalty and for over 60 days as a major penalty for inmates in the general population. Recreation privileges include sports and leisure activities outside the cell, either on grounds or off grounds.
DOC 303.72(2)(b)
(b) The adjustment committee or hearing officer may impose loss of recreation privileges for 1 to 8 days as a minor penalty and for 9 to 60 days as a major penalty for inmates in segregation.
DOC 303.72(3)
(3) Room and cell confinement. The adjustment committee or hearing officer may impose room and cell confinement for 1 to 15 days as a minor penalty and for 16 to 30 days as a major penalty. During the hours of confinement, the inmate may not leave the inmate's quarters without specific permission. The warden may grant permission for attendance at religious services, medical appointments, showers, and visits from outside persons, if these must occur during the hours of confinement. The warden may remove any or all electronic equipment from an inmate's quarters if room confinement is imposed.
DOC 303.72(4)
(4) Loss of a specific privilege. The adjustment committee or hearing officer may impose the loss of a specific privilege for a period of 1 to 60 days as a minor penalty and for a period of over 60 days as a major penalty. Specific privileges which the adjustment committee or hearing officer may take away include but are not limited to: use of inmate's own TV, radio or cassette player; phone calls; participation in off grounds activities; having meals in the dining room; and canteen privileges. However, the adjustment committee or hearing officer may suspend mail for periods of time in accordance with
s. DOC 309.05.
DOC 303.72(5)
(5) Restitution. The adjustment committee or hearing officer may impose restitution as a minor penalty. Restitution is payment to the owner for the replacement or repair of stolen, destroyed and damaged property or for medical bills. Restitution may include escape expenses or any other expenses caused by the inmate's actions. The adjustment committee or hearing officer may order an inmate to make full or partial restitution. The institution may withhold money from earnings or take money from an inmate's account to satisfy the requirements to make restitution.
DOC 303.72(6)
(6) Extra duty. The adjustment committee or hearing officer may assign an inmate extra work or school duty for a maximum of 80 hours or require an inmate to report as ordered to a school or a work assignment for as long as 80 hours, without pay, as a minor penalty.
DOC 303.72(7)
(7) Building confinement. The adjustment committee or hearing officer may impose building confinement for a period of 1 to 30 days as a minor penalty and for a period of over 30 days as a major penalty. Building confinement is confinement to the building in which the inmate resides. During the hours of confinement, the inmate may not leave the building without specific permission. The warden may grant permission for attendance at religious services, medical appointments, showers, and visits from outside persons, if these must occur during the hours of confinement.
DOC 303.72(9)
(9) Secure work crews. The adjustment committee or hearing officer may give uncompensated secure work crew assignments under
ch. DOC 304 as a minor disciplinary sanction to inmates.
DOC 303.72 History
History: Cr.
Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.73
DOC 303.73
Referral for prosecution. The warden shall work with the local district attorney and determine when violations that may violate criminal statute shall be referred for prosecution.
DOC 303.73 History
History: Cr.
Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.74
DOC 303.74
Summary disposition procedure. DOC 303.74(1)(1) The staff member may summarily find an inmate guilty and punish the inmate for minor rule infractions in accordance with this section.
DOC 303.74(2)
(2) Before an inmate is summarily found guilty and punished, a staff member shall do the following:
DOC 303.74(2)(a)
(a) Inform the inmate of the nature of the alleged infraction and the contemplated penalty.
DOC 303.74(2)(b)
(b) Inform the inmate that the incident may be handled summarily or that it may be handled through the formal disciplinary process.
DOC 303.74(3)
(3) If the inmate agrees to summary disposition, the staff member shall inform the inmate of the punishment. This agreement is not appealable.
DOC 303.74(4)
(4) Before imposing the punishment, the staff member shall get the oral or written approval of the supervisor. If the supervisor disapproves of the summary disposition, the institution shall handle the alleged infraction through the formal disciplinary process or alter the disposition so that the supervisor approves it.
DOC 303.74(6)
(6) The reporting staff member shall make a written record of dispositions pursuant to this section on an appropriate form indicating that summary disposition has been made and approved by the supervisor.
DOC 303.74 History
History: Cr.
Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.75
DOC 303.75
Hearing procedure for minor violations. DOC 303.75(1)(1)
Notice. When an inmate is alleged to have committed a minor violation and the security director has reviewed the conduct report pursuant to
s. DOC 303.67 and staff have not disposed of the conduct report summarily in accordance with
s. DOC 303.74, staff shall give a copy of the approved conduct report to the accused inmate.
DOC 303.75(2)
(2) Time limits. The institution may not hold the hearing until at least 2 working days after the inmate receives the approved conduct report. The institution may not hold the hearing more than 21 days after the inmate receives the approved conduct report unless otherwise authorized. The security director may authorize a hearing beyond the 21 day time limit, either before or after the 21st day. The 21 day time limit is not jurisdictional. The inmate may request more time to prepare, and the security director may grant this request. An inmate may waive in writing the time limits provided in this section. The institution shall toll time for observation and control placements and for any full or partial day when the inmate is out of the institution on a temporary release order.
DOC 303.75(3)
(3) Hearing officer. The warden shall appoint one or more staff members to serve as hearing officers. A hearing officer with substantial involvement in the conduct report may not hold a hearing on that conduct report.
DOC 303.75(4)
(4) Hearing. At the hearing, a hearing officer shall review the conduct report and discuss it with the inmate. The hearing officer shall provide the inmate with an opportunity to respond to the report and make a statement about the alleged violation. The hearing officer may question the inmate. The inmate has no right to a staff advocate, to confront witnesses or to have witnesses testify on the inmate's behalf. If an inmate refuses to attend a hearing, or is disruptive, the hearing officer may conduct the hearing without the inmate being present. The institution may use electronic conferencing for hearings.
DOC 303.75(5)(a)(a) The hearing officer shall decide the guilt or innocence of the inmate on each charge, and decide the punishment. Staff shall inform the inmate of the decision. The hearing officer may impose penalties for minor violations in accordance with
s. DOC 303.72. The adjustment committee may impose penalties for major violations when a due process hearing is waived under
s. DOC 303.76 (6) in accordance with
ss. DOC 303.83 and
303.84.
DOC 303.75(5)(b)
(b) The institution shall establish guilt based on a finding that it was more likely than not that the inmate committed the act.
DOC 303.75(5)(c)
(c) The hearing officer shall state in writing the finding of guilt for each charge, the punishment and the reasons for it.
DOC 303.75(6)
(6) Appeal. An inmate may appeal the disposition of a minor hearing within 10 days to the warden.
DOC 303.75 History
History: Cr.
Register, August, 1980, No. 296, eff. 9-1-80; r. and recr.
Register, April, 1985, No. 352, eff. 5-1-85; r. and recr.
Register, July, 2000, No. 535, eff. 8-1-00.
DOC 303.76
DOC 303.76
Hearing procedure for major violations. DOC 303.76(1)(1)
Notice. When an inmate is alleged to have committed a major violation and the security director has reviewed the conduct report pursuant to
s. DOC 303.67, staff shall give the inmate a copy of the approved conduct report within 2 working days after its approval. The institution shall inform the inmate of all of the following:
DOC 303.76(1)(b)
(b) The potential penalties or other potential results that may be imposed, including but not limited to removal from work release.
DOC 303.76(1)(c)
(c) The right the inmate has to a due process hearing or to waive this right in writing.
DOC 303.76(1)(d)
(d) If the inmate waives the right to a formal due process hearing, the inmate will be given an informal hearing under
s. DOC 303.75.
DOC 303.76(1)(e)
(e) If a formal due process hearing is chosen, the inmate shall be informed of all of the following:
DOC 303.76(1)(e)1.
1. The inmate may present oral, written, documentary and physical evidence, and evidence from witnesses in accordance with this section and
s. DOC 303.81.
DOC 303.76(1)(e)3.
3. The adjustment committee may permit direct questions or require the inmate or the inmate's advocate to submit questions to the adjustment committee to be asked of the witness.
DOC 303.76(1)(e)4.
4. The adjustment committee may prohibit repetitive, disrespectful and irrelevant questions.
DOC 303.76(1)(e)5.
5. The inmate may appeal the finding and disposition of the adjustment committee in accordance with
sub. (7).
DOC 303.76(1)(e)6.
6. If the inmate refuses to attend a hearing, or is disruptive, the adjustment committee may conduct the hearing without the inmate being present.
DOC 303.76(2)
(2) Waiver. An inmate may waive the right to a due process hearing in writing at any time. If the inmate waives a due process hearing, the institution shall dispose of the conduct report under the hearing procedures for minor violations,
s. DOC 303.75. A waiver does not constitute an admission of the alleged violation. A waiver may not be retracted without the security director's approval.
DOC 303.76(3)
(3) Time limits. The institution may not hold the hearing until at least 2 working days after the inmate receives a copy of the conduct report and hearing rights notice. The institution may not hold the hearing more than 21 days after the inmate receives the approved conduct report and hearing rights notice unless otherwise authorized. The security director may authorize a hearing beyond the 21 day time limit, either before or after the 21st day. The 21 day time limit is not jurisdictional. The inmate may request more time to prepare, and the security director may grant the request. An inmate may waive in writing the time limits provided in this section. The institution shall toll time for observation and control placements and for any full or partial day when the inmate is out of the institution on a temporary release order.
DOC 303.76(4)
(4) Place. The due process hearing may take place at the institution where the alleged conduct occurred, at a county jail or at an institution to which an inmate has been transferred.
DOC 303.76(5)
(5) Hearing. The adjustment committee, as defined in
s. DOC 303.82, shall conduct the due process hearing. If an inmate refuses to attend the hearing or disrupts the hearing, the adjustment committee may conduct the hearing without the inmate being present. The institution may use electronic conferencing for hearings. At a due process hearing, the adjustment committee:
DOC 303.76(5)(b)
(b) Shall provide all witnesses who are requested and permitted to speak for or against the accused a chance to speak.
DOC 303.76(5)(c)
(c) May require that physical evidence be offered. May permit direct questions or require the inmate or the inmate's advocate to submit questions to the adjustment committee to be asked of the witness.
DOC 303.76(5)(d)
(d) May prohibit repetitive, disrespectful or irrelevant questions.
DOC 303.76(6)
(6) Decision. After the hearing the adjustment committee:
DOC 303.76(6)(b)
(b) Shall establish guilt based on a finding that it was more likely than not that the inmate committed the act.
DOC 303.76(6)(c)
(c) May find the inmate guilty or not guilty. A committee of 3 may find the inmate guilty if at least 2 of the 3 members find that it was more likely than not that the inmate committed the act and if 2 agree upon a sentence, may sentence the inmate. A committee of 2 or of one may find the inmate guilty if the committee members unanimously find that it was more likely than not that the inmate committed the act and may sentence the inmate if they are unanimous as to the sentence. The committee may consider any of the inmate's defenses or other mitigating factors.
DOC 303.76(6)(d)
(d) May refer the matter to the warden for a decision if the adjustment committee members do not agree on a finding of guilt or a sentence.
DOC 303.76(6)(e)
(e) Shall inform the inmate of the decision or give the inmate a postponed or delayed decision.
DOC 303.76(6)(f)
(f) Provide the accused inmate and the inmate's advocate, if any, a written copy of the decision with reasons for the decision.
DOC 303.76(7)(a)(a) Any time within 10 days after either a due process hearing or after the inmate receives a copy of the decision, whichever is later. An inmate who is found guilty may appeal the decision or the sentence, or both, to the warden.
DOC 303.76(7)(b)
(b) The warden shall review all records and forms pertaining to the appeal and make the decision within 60 days following receipt of the request for appeal.
DOC 303.76(7)(c)2.
2. Modify all or part of the adjustment committee's decision or sentence.
DOC 303.76(7)(c)4.
4. Return the case to the adjustment committee for further consideration or to complete or correct the record.
DOC 303.76(7)(d)
(d) The warden's decision is final regarding the sufficiency of the evidence. An inmate may appeal procedural errors as provided under
s. DOC 310.08 (3).
DOC 303.76(7)(e)
(e) The warden may at any time review the conduct report and act on it unilaterally as if there were an appeal.
DOC 303.76 History
History: Cr.
Register, August, 1980, No. 296, eff. 9-1-80; r. and recr.
Register, April, 1985, No. 352, eff. 5-1-85; r. and recr.
Register, July, 2000, No. 535, eff. 8-1-00; correction in (1) (e) 2. made under s. 13.93 (2m) (b) 7., Stats.,
Register, December, 2000, No. 540.
