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(7) (7) The motivation for 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(11) (11) Any other relevant factors.
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)(a) (a) Reprimand.
DOC 303.84(1)(b) (b) Loss of recreational privilege.
DOC 303.84(1)(c) (c) Room confinement.
DOC 303.84(1)(d) (d) Building confinement.
DOC 303.84(1)(e) (e) Loss of a specific privilege.
DOC 303.84(1)(f) (f) Mail as provided in the departmental rules relating to mail.
DOC 303.84(1)(g) (g) Adjustment segregation.
DOC 303.84(1)(h) (h) Extra duty without pay.
DOC 303.84(1)(i) (i) Program segregation or disciplinary separation.
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(1)(k) (k) Restitution.
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 PDF
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 PDF
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 PDF
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 DOC 303.85 Recordkeeping.
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 Note Note: See s. DOC 303.74.
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 Note Note: See s. DOC 303.82.
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.
DOC 303.85 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.86 DOC 303.86 Evidence.
DOC 303.86(1)(a) (a) "Evidence" is any statement or object which could be presented at a disciplinary hearing or in a court of law, whether or not it is admissible.
DOC 303.86(1)(b) (b) Evidence is relevant if that evidence makes it appear more likely or less likely that the inmate committed the offense of which the inmate is accused.
DOC 303.86 Note Note: For example: an inmate is accused of threatening another inmate. Testimony that the accused inmate and the other inmate had a loud argument the day before is relevant. It indicates a possible motive for a threat and makes it appear more likely that a threat occurred. An officer testifies that the accused inmate has lied to the officer on previous occasions. This is relevant if the testimony of the accused inmate varies from the conduct report.
DOC 303.86(2)(a)(a) An adjustment committee or a hearing officer may consider any relevant evidence, whether or not it would be admissible in a court of law and whether or not any violation of any state law or any DOC administrative code provision occurred in the process of gathering the evidence.
DOC 303.86(2)(b) (b) An adjustment committee or a hearing officer may refuse to hear or admit relevant evidence for any of the following reasons:
DOC 303.86(2)(b)1. 1. The evidence is not reliable.
DOC 303.86 Note Note: For example: opinions which are not supported by factual observation; hearsay or statements made outside of the hearing; reputation of the witness.
DOC 303.86(2)(b)2. 2. The evidence, even if true, would be of marginal relevance.
DOC 303.86 Note Note: For example: evidence of prior acts by the accused inmate or a witness, to show that the inmate is repeating a pattern.
DOC 303.86(2)(b)3. 3. The evidence is merely cumulative of evidence already received at the hearing and is no more reliable than the already admitted evidence, for example: testimony of other inmates corroborating the accused's story, when corroboration has already occurred.
DOC 303.86(3) (3) 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 303.86(4) (4) 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 signed statement from a staff member getting the statement from that witness. The adjustment committee shall reveal 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 303.86(4)(a) (a) By other evidence which substantially corroborates the facts alleged in the statement such as, eyewitness account by a staff member or circumstantial evidence.
DOC 303.86(4)(b) (b) By evidence of a very similar violation by the same person.
DOC 303.86(5) (5) After disposition has been reached by the adjustment committee, and if a finding of guilt results, the adjustment committee shall then forward restricted informant material to the security office for retention in the restricted security department file.
DOC 303.86(6) (6) The institution shall place the original conduct report and all due process documents in the inmate's case record. However, the institution shall place restricted informant reports only in the security department restricted file.
DOC 303.86 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01.
DOC 303.87 DOC 303.87 Harmless error. If staff does not adhere to a procedural requirement under this chapter, the error is harmless if it does not substantially affect a finding of guilt or the inmate's ability to provide a defense.
DOC 303.87 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01.
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