DOC 310.09(1)(a)
(a) Be typed or written legibly on forms supplied for that purpose.
DOC 310.09(1)(c)
(c) Not contain language that is obscene, profane, abusive, or threatens others, unless such language is necessary to describe the factual basis of the substance of the complaint.
DOC 310.09(1)(d)
(d) Be filed only under the name by which the inmate was committed to the department or the legal name if an inmate has had a name change.
DOC 310.09(1)(e)
(e) Contain only one issue per complaint, and shall clearly identify the issue.
DOC 310.09(2)
(2) Inmates may not file more than 2 complaints per calendar week, except that the ICE may waive this limit for good cause. The ICE shall exclude complaints that raise health and personal safety issues from this limit.
DOC 310.09(3)
(3) The ICE shall return, and not process as complaints, submissions that do not meet the requirements under
sub. (1).
DOC 310.09(4)
(4) Prior to accepting the complaint, the ICE may direct the inmate to attempt to resolve the issue.
DOC 310.09(5)
(5) The institution shall make complaint forms accessible to inmates.
DOC 310.09(6)
(6) An inmate shall file a complaint within 14 calendar days after the occurrence giving rise to the complaint, except that the institution complaint examiner may accept a late complaint for good cause.
DOC 310.09(7)
(7) The department shall not exclude impaired, handicapped or illiterate inmates from full participation in the ICRS. If an inmate is unable to write a complaint, the inmate may seek assistance in doing so.
DOC 310.09(8)
(8) An inmate shall file a signed complaint by depositing it in a locked box designated for complaints or by submitting it to the office of the ICE via institution mail.
DOC 310.09 History
History: CR 02-038: cr.
Register November 2002 No. 563, eff. 12-1-02.
DOC 310.10(1)(1) Except as noted in this section, the ICE shall process group complaints in the same way as individual complaints.
DOC 310.10(2)
(2) Inmates who have a complaint in common may file as a group by using one complaint form. All complainants shall sign the form. The group shall designate a spokesperson or, if none is designated, the first name signed on the first complaint shall be deemed the spokesperson for the group. A group complaint counts as a complaint under
s. DOC 310.09 (2).
DOC 310.10(3)
(3) The ICE shall issue a receipt acknowledging the complaint only to the spokesperson.
DOC 310.10(4)
(4) The reviewing authority shall determine the manner in which decisions in group complaints are issued.
DOC 310.10(5)
(5) The CCE shall issue a receipt acknowledging the appeal only to the spokesperson.
DOC 310.10(6)
(6) The secretary shall determine the manner in which decisions on appeals of group complaints are issued.
DOC 310.10(7)
(7) The department shall not consider group complaints filed in accordance with this section a group petition within the meaning of
s. DOC 303.20 and shall not subject the complainants to discipline under that section.
DOC 310.10 History
History: CR 02-038: cr.
Register November 2002 No. 563, eff. 12-1-02.
DOC 310.11
DOC 310.11 Processing complaints at the institution level. DOC 310.11(2)
(2) The ICE shall assign each complaint a file number, classification code, and date for purposes of identification. The ICE shall review and acknowledge each complaint in writing within 5 working days after the date of receipt by the ICE.
DOC 310.11(3)
(3) The ICE shall use discretion in deciding the method best suited to determine the facts, including personal interviews, telephone calls, and document review, except that the processing of complaints under
s. DOC 310.08 (3) shall be limited to review of the record. The ICE shall give priority to complaints dealing with health or personal safety.
DOC 310.11(4)
(4) The ICE shall direct complaint recommendations to the appropriate reviewing authority.
DOC 310.11(5)
(5) The ICE may reject a complaint for the following reasons:
DOC 310.11(5)(a)
(a) The inmate submitted the complaint solely for the purpose of harassing or causing malicious injury to one or more of the department's employees, agents, independent contractors, or any other person.
DOC 310.11(5)(b)
(b) The inmate does not raise a significant issue regarding rules, living conditions, or staff actions affecting institution environment.
DOC 310.11(5)(c)
(c) The inmate does not allege sufficient facts upon which redress may be made.
DOC 310.11(5)(d)
(d) The inmate submitted the complaint beyond 14 calendar days from the date of the occurrence giving rise to the complaint and provides no good cause for the ICE to extend the time limits.
DOC 310.11(5)(e)
(e) The issue raised in the complaint does not personally affect the inmate.
DOC 310.11(5)(g)
(g) The issue has already been addressed through the inmate's prior use of the ICRS.
DOC 310.11(6)
(6) An inmate may appeal a rejected complaint within 10 calendar days only to the appropriate reviewing authority who shall only review the basis for the rejection of the complaint. The reviewing authority's decision is final.
DOC 310.11(7)
(7) If an ICE determines that the procedure under this chapter would subject the inmate to substantial risk of personal injury or cause other serious and irreparable harm, the ICE shall refer the complaint to the appropriate reviewing authority.
DOC 310.11(8)
(8) Staff shall respond in writing, if requested, to an inquiry by an ICE investigating a complaint.
DOC 310.11(9)
(9) If an inmate is transferred after an incident but before filing a complaint, the inmate shall file the complaint at the currently assigned institution. The ICE shall forward the complaint to the ICE at the appropriate institution for investigation and decision.
DOC 310.11(10)
(10) The ICE shall note the persons interviewed and the documents used as a basis for the decision.
DOC 310.11(11)
(11) The ICE shall either reject the complaint or send a recommendation to the appropriate reviewing authority within 20 working days from the date of acknowledgment.
DOC 310.11 History
History: CR 02-038: cr.
Register November 2002 No. 563, eff. 12-1-02.
DOC 310.12
DOC 310.12
Appropriate reviewing authority decision. DOC 310.12(1)(1) The appropriate reviewing authority shall make a decision within 10 working days following receipt of the recommendation.
DOC 310.12(2)
(2) The appropriate reviewing authority shall do one of the following:
DOC 310.12(3)
(3) If the complainant does not receive the decision within 30 working days after the ICE acknowledges receipt of the complaint under
s. DOC 310.11 (2), the complainant may appeal to the CCE.
DOC 310.12 History
History: CR 02-038: cr.
Register November 2002 No. 563, eff. 12-1-02.
DOC 310.13
DOC 310.13
Review by corrections complaint examiner. DOC 310.13(1)(1) A complainant dissatisfied with a reviewing authority decision may, within 10 calendar days after the date of the decision, appeal that decision by filing a written request for review with the corrections complaint examiner on forms supplied for that purpose. The institution shall make these forms accessible to inmates.
DOC 310.13(2)
(2) Upon good cause, the CCE may accept for review an appeal filed later than 10 calendar days after receipt of the decision.
DOC 310.13(4)
(4) The CCE shall, within 5 working days after receiving an appeal, issue a written receipt of the appeal to the inmate.
DOC 310.13(5)
(5) The CCE shall use discretion in deciding the method best suited to determine the facts, including personal interviews, telephone calls, and document review. The CCE shall have full access to inmates, staff, physical plant, and department records. If an appeal necessitates resolution of disputed issues of fact, the CCE may require sworn statements from the principals. The CCE shall give priority to complaints dealing with health or personal safety.
DOC 310.13(6)
(6) The CCE shall recommend a decision to the secretary within 35 working days of receipt of the appeal.
DOC 310.13 History
History: CR 02-038: cr.
Register November 2002 No. 563, eff. 12-1-02.
DOC 310.14(1)
(1) The secretary shall make a decision within 10 working days following receipt of the CCE's recommendation. The secretary may extend the time for making a decision for cause and upon notice to the inmate.
DOC 310.14(2)(a)
(a) Accept the recommendation of the CCE and adopt it as the decision.
DOC 310.14(3)
(3) If the inmate does not receive the secretary's written decision within 45 working days of the CCE's acknowledgement of receipt of the appeal, the inmate shall consider the administrative remedies to be exhausted, unless the time has been extended under
sub. (1).
DOC 310.14 History
History: CR 02-038: cr.
Register November 2002 No. 563, eff. 12-1-02.
DOC 310.15
DOC 310.15
Implementation of affirmed complaint. DOC 310.15(1)(1) The department shall implement an affirmed decision within 30 working days from the date of decision.
DOC 310.15(2)
(2) If an affirmed complaint has not been implemented within 30 working days, the complainant may directly inform the decision-maker in writing of the failure to implement the decision.
DOC 310.15 History
History: CR 02-038: cr.
Register November 2002 No. 563, eff. 12-1-02.
DOC 310.16(1)(1) Except as otherwise provided in this section, the department shall ensure that complaints filed with the inmate complaint review system are confidential. Persons working in the ICRS may reveal the identity of complainants and the nature of the complaint only to the extent necessary to investigate the complaint, implement the remedy, or in response to litigation.
DOC 310.16(2)
(2) The appropriate reviewing authority may waive confidentiality of a complaint if the security, safety, or health of the institution or any person is involved.
DOC 310.16(3)
(3) A copy of ICRS documents may not be filed in any case file, nor may any notations regarding a complaint be made in those files, except pursuant to
s. DOC 310.16 (1) and
(2).
DOC 310.16(4)
(4) A breach of confidentiality in the process may itself be the subject of a complaint. This type of complaint shall be filed directly with the CCE.
DOC 310.16(5)
(5) An inmate waives confidentiality by making known any aspect of a complaint to persons outside the ICRS.
DOC 310.16(6)
(6) The department may not subject an inmate to reprisal for using or participating in the ICRS. An inmate shall be entitled to pursue, through the ICRS, a complaint that a reprisal has occurred.
DOC 310.16 History
History: CR 02-038: cr.
Register November 2002 No. 563, eff. 12-1-02.
DOC 310.17(1)(1) The department shall maintain statistics showing the number, type and disposition of complaints.
DOC 310.17(2)
(2) The department shall keep all records related to an inmate complaint according to its policies and procedures
DOC 310.17 History
History: CR 02-038: cr.
Register November 2002 No. 563, eff. 12-1-02.
DOC 310.18
DOC 310.18
Suspension of provisions of this chapter. The secretary may suspend any provisions of this chapter in an emergency. The secretary may apply the suspension to one or more institutions.
DOC 310.18 History
History: CR 02-038: cr.
Register November 2002 No. 563, eff. 12-1-02.
