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.
DOC 303.83(8)
(8) The inmate's attitude toward the offense and toward the victim, if any.
DOC 303.83(9)
(9) Mitigating factors, such as coercion, family difficulties which may have created anxiety and any special circumstances.
DOC 303.83(10)
(10) Whether the offense created a risk to the security of the institution, inmates, staff or the community.
DOC 303.83 History
History: Cr.
Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.84
DOC 303.84
Sentencing procedure and schedule of penalties. DOC 303.84(1)(1) In every case where an inmate is found guilty of one or more violations of the disciplinary rules, one or more of the following penalties shall be imposed, except as provided in
sub. (2) and subject to the limitations under
ss. DOC 303.68 to
303.72:
DOC 303.84(1)(f)
(f) Mail as provided in the departmental rules relating to mail.
DOC 303.84(1)(j)
(j) Loss of good time for an inmate whose crime was committed before June 1, 1984, and who did not choose to have
1983 Wis. Act 528 apply to the inmate, or extension of the mandatory release date for an inmate whose crime was committed on or after June 1, 1984, and for other inmates who chose to have
1983 Wis. Act 528 apply to them.
DOC 303.84(2)
(2) Punishment imposed pursuant to
sub. (1) is subject to the following:
DOC 303.84(2)(a)
(a) Adjustment segregation, program segregation or disciplinary separation, 16 to 30 days in room confinement, and loss of good time or extension of the mandatory release date, whichever is applicable, may be imposed for a single major offense. At one hearing, the maximum penalty is the most severe penalty the inmate could receive for any single offense of which the inmate is found guilty. The duration of a penalty may not exceed the duration shown in Table 303.84.
-
See PDF for table 
DOC 303.84(2)(b)
(b) Program segregation and disciplinary separation shall be given for a specific term of 30, 60, 90, 120, 150, 180, 210, 240, 270, 300, 330 or 360 days.
DOC 303.84(2)(c)
(c) More than one minor or major penalty may be imposed for a single offense and both a major and minor penalty may be imposed for a major offense.
DOC 303.84(2)(d)
(d) Loss of accumulated good time or extension of the mandatory release date may be imposed as a penalty only where the violation is listed as a major offense under
s. DOC 303.68 (3) or is designated as a major offense by the security director because of its nature or the inmate's prior record.
DOC 303.84(2)(e)1.1. For those inmates to whom
1983 Wis. Act 528 does not apply, the number of days of good time lost on one occasion may be based on the number of prior occasions on which the inmate lost good time but shall not exceed the following:
-
See PDF for table DOC 303.84(2)(e)2.
2. For those inmates to whom
1983 Wis. Act 528 applies, the number of days the mandatory release date is extended on one occasion may be based on the number of prior occasions on which the inmate lost good time or had his or her mandatory release date extended but shall not exceed the following:
-
See PDF for table DOC 303.84(2)(f)
(f) Restitution may be imposed in addition to any other penalty.
DOC 303.84(2)(g)
(g) For those inmates to whom
1983 Wis. Act 528 applies, in addition to other penalties imposed in accordance with this subsection, the inmate's mandatory release date shall be extended by the number of days equal to 50% of the number of days spent in adjustment, program or controlled segregation status.
DOC 303.84(2)(h)
(h) TLU time may not be considered as time served for disciplinary penalty purposes.
DOC 303.84(2)(i)
(i) A guilty finding on any conduct report designated major for any reason in this chapter may result in one or more major penalties.
DOC 303.84 History
History: Cr.
Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.85(1)(1) The Department may keep records of disciplinary infractions in an inmate's case record only in the following situations:
DOC 303.85(1)(a)
(a) If the inmate was found guilty by summary disposition procedure.
DOC 303.85(1)(b)
(b) If the inmate was found guilty by a hearing officer or an adjustment committee. The institution shall remove records if an appeal is successful except a conduct report entry may remain on a warning card as it still constitutes a warning.
DOC 303.85(2)
(2) The department may keep conduct reports which have been dismissed or in which the inmate was found not guilty for statistical purposes, and security reasons, but the department may not consider them in making program assignment, transfer, or parole release decisions, nor may the department include them in any inmate's case record except that a conduct report may remain on a warning card as it constitutes a warning that the conduct specified in the conduct report is a violation.
