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.
DOC 303.78(1)(a)
(a) At each institution, the warden may designate or hire staff members to serve as advocates for inmates in disciplinary hearings at the institution.
DOC 303.78(1)(b)
(b) The warden may assign a different staff member to serve as the inmate's advocate if the inmate establishes the assigned advocate has a conflict of interest in the case.
DOC 303.78(1)(c)
(c) The warden may assign advocates to inmates. If an inmate objects to the assignment of a particular advocate because the advocate has a known and demonstrated conflict of interest in the case, the warden shall assign a different staff member to serve as the inmate's advocate.
DOC 303.78(2)
(2) When the warden assigns an advocate, the advocate's purpose is to help the accused inmate to understand the charges against the inmate and to help in the preparation and presentation of any defense the inmate has, including gathering evidence and testimony, and preparing the inmate's own statement. The advocate may speak on behalf of the accused inmate at a disciplinary hearing or may help the inmate prepare to speak.
DOC 303.78 History
History: Cr.
Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.81
DOC 303.81
Due process hearing: witnesses. DOC 303.81(1)(1) The accused may directly or through an advocate make a request to the security office for witnesses to appear at the major violation hearing, including requests for the appearance of the staff member who signed the conduct report. Except for good cause, an inmate may present no more than 2 witnesses in addition to the reporting staff member or members. The inmate shall make this request within 2 days of the service of notice when no advocate is assigned and within 2 days of the initial contact by the advocate when an advocate is assigned. The security director may waive the time limits for good cause.
DOC 303.81(2)
(2) After all witness requests have been received, the security director shall review them to determine whether the witnesses possess relevant information and shall be called.
DOC 303.81(3)
(3) Witnesses requested by the accused who are staff or inmates shall attend the disciplinary hearing unless one of the following exist:
DOC 303.81(3)(b)
(b) The testimony is irrelevant to the question of guilt or innocence.
DOC 303.81(3)(c)
(c) The testimony is merely cumulative of other evidence and would unduly prolong the hearing.
DOC 303.81(4)
(4) If a witness is unavailable to testify, the adjustment committee may consider a written statement, a transcript of an oral statement, or a tape-recorded statement. Unavailability means death, transfer, release, hospitalization, or escape in the case of an inmate; death, illness, vacation, no longer being employed at that location, or being on a different shift in the case of a staff member. The adjustment committee may consider a written statement, a transcript of an oral statement, or a tape-recorded statement if it determines that there is cause for the witness not to testify.
DOC 303.81(5)
(5) If the institution finds that testifying would pose a risk of harm to the witness, the committee may consider a corroborated, signed statement under oath from that witness without revealing the witness's identity or a corroborated signed statement from a staff member getting the statement from that witness. The adjustment committee shall reveal the contents of the statement to the accused inmate, though the adjustment committee may edit the statement to avoid revealing the identity of the witness. The committee may question the witnesses, if they are otherwise available. Two anonymous statements by different persons may be used to corroborate each other. A statement can be corroborated in either of the following ways:
DOC 303.81(5)(a)
(a) By other evidence which substantially corroborates the facts alleged in the statement such as an eyewitness account by a staff member or circumstantial evidence.
DOC 303.81(5)(b)
(b) By evidence of a very similar violation by the same person.
DOC 303.81(6)
(6) If it is not possible to get a signed statement in accordance with
subs. (4) and
(5), the hearing officer may consider other evidence of what the witness would say if present.
DOC 303.81(7)
(7) After determining which witnesses will be called for the accused inmate, staff shall notify the inmate of the decision in writing.
DOC 303.81(8)
(8) Witnesses other than inmates or staff may not attend hearings but advocates with the hearing officer's permission may contact them. The adjustment committee may designate a staff member to interview any such witness and report to the committee.
DOC 303.81 History
History: Cr.
Register, August, 1980, No. 296, eff. 9-1-80; am. (1) to (4) and (8),
Register, April, 1985, No. 352, eff. 5-1-85; r. and recr.
Register, July, 2000, No. 535, eff. 8-1-00.
DOC 303.82(1)
(1) Due process disciplinary hearings shall be conducted by an adjustment committee of one, 2 or 3 staff members appointed by the warden. At least one member of every adjustment committee shall be a supervisor.
DOC 303.82(2)
(2) No person who has substantial involvement in an incident, which is the subject of a hearing, may serve on the committee for that hearing. Committee members shall determine the subject matter of the hearing in advance in order to allow replacement of committee members if necessary and thereby avoid the necessity of postponing the hearing.
DOC 303.82(3)
(3) An adjustment committee may hold a hearing even if the inmate has waived due process.
DOC 303.82(4)
(4) When a single hearing officer is sitting on the adjustment committee pursuant to
sub. (1), or after the waiver of due process, the hearing officer has the same authority as given the adjustment committee under this chapter.
DOC 303.82 History
History: Cr.
Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.83
DOC 303.83
Sentencing considerations. In deciding the sentence for a violation or group of violations, the supervisor making summary disposition or the adjustment committee or hearing officer who is holding the hearing may consider any of the following:
DOC 303.83(1)
(1) The inmate's overall disciplinary record, especially during the last year.
DOC 303.83(2)
(2) Whether the inmate has previously been found guilty of the same or a similar offense, how often, and how recently.
DOC 303.83(3)
(3) Whether the alleged violation created a risk of serious disruption at the institution or in the community.
DOC 303.83(4)
(4) Whether the alleged violation created a risk of serious injury to another person.
DOC 303.83(5)
(5) 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 303.83(6)
(6) Whether the inmate was actually aware that the inmate was committing a crime or offense at the time of the offense.
