DOC 309.04 (4) (e) 2. If the letter is outgoing mail, the department shall provide he sender a notice stating why the letter was not delivered. Correctional staff shall dispose of the letter consistent with s. DOC 303.10 DOC 309.20 (4).
DOC 309.04 (6) The department shall dispose of contraband found through inspections conducted pursuant to this section in accordance with s. DOC 303.10 DOC 309.20 (4).
DOC 309.20 (4) (a) 5. Unclaimed property shall be held for a one year period after the date of release, after which time the property shall be disposed of in accordance with s. DOC 303.10 (3) DOC 303.09 (2). The institution shall not be responsible for damage due to prolonged storage.
DOC 309.20 (4) (b) 3. Unclaimed property shall be held for a one year period after the date of death, after which time the property shall be disposed of in accordance with s. DOC 303.10 (3) DOC 303.09 (2). The institution shall not be responsible for damage due to prolonged storage.
DOC 309.20 (4) (c) 3. Unclaimed property shall be held for a one year period after the date of death, after which time the property shall be disposed of in accordance with s. DOC 303.10 (3) DOC 303.09 (2).
DOC 309.20 (4) (d) 2. Items which are contraband shall be disposed of in accordance with s. DOC 303.10 DOC 303.09 (2).
DOC 309.20 (7) Contraband. The institution shall consider items not permitted at an institution or permitted but not on an inmate's property list under sub (2) contraband and subject the items to seizure and disposition under s.
DOC 303.10
DOC 303.09 (2). The institution may subject an inmate to discipline for possessing contraband under ss.
DOC 303.43 through
303.48 303.49.
DOC 309.65 (5) (c) 2. A group that he or she has reasonable grounds to believe is a inmate gang security threat group as defined in s. DOC 303.02 (9) DOC 303.02 (30).
DOC 310.08 (3) After exhausting the appeal process in s.
DOC 302.18,
303.75, 303.76 303.78,
303.80, 308.04, or 326.06, an inmate may use the ICRS to challenge only the procedure used in the program review process, the disciplinary process, the administrative confinement review process, or by any decisionmaker acting on a request for authorized leave.
DOC 310.10 (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 DOC 303.24 and shall not subject the complainants to discipline under that section.
DOC 303 APPENDIX DOC 310.16, PARA 3 This is not to say that inmates are free to make threatening or false statements about staff, knowing they are false, especially if those false statements are made public. There have been malicious lies about staff corruption and sexual behavior made in the ICRS. This rule does not prohibit disciplinary action for the bad faith use, or rather abuse, of the ICRS under DOC 303.271 DOC 303.32.
DOC 311.07 (2) (f) 3. The right to an advocate
a staff representative in accordance with s. DOC 303.78 DOC 303.83.
DOC 313.08 (10) Reporting for work or while at work manifesting any evidence of having used or being under the influence of an intoxicating substance, as defined in s.
DOC 303.02 (11) DOC 303.02 (23), or in possession of an intoxicating substance or drug paraphernalia or device
as defined in
under s.
DOC 303.44.
DOC 324.12 (1) (j) Failure to report o return from a work or study placement may be referred for prosecution as an escape under s.
946.42(3), Stats., and may be administratively charged with an escape under s.
DOC 303.22 DOC 303.26.
DOC 324.13 (6) A hearing shall be conducted in accordance with the procedures under ss. DOC 303.75 to 303.84 DOC 303.78, 303.80 to 303.87, modified as follows:
(a) In accordance with s. DOC 303.81 DOC 303.80 with the permission of the hearing officer, the work release coordinator shall interview employers or school officials who have relevant evidence and report to the hearing officer.
(b) A penalty listed in s. DOC 303.84 DOC 303.87 need not be imposed as a result of a finding of guilt.
DOC 327.09 (1) (a) An inmate may not possess or use any form of alcohol, or other intoxicating substance as defined under s. DOC 302.02 (11) DOC 303.02 (23) except as authorized and directed by an approved physician.
DOC 327.09 (2) (intro) All offenses listed in ss. DOC 303.12 to 303.631 DOC 303.11 to 303.64 apply to inmates in community residential confinement placement with the following exceptions, substitutions and modifications;
DOC 327.09 (2) (a) Section DOC 303.15 DOC 303.14 on sexual conduct does not apply.
DOC 327.09 (2) (b) The following is substituted for s.
DOC 303.18 DOC 303.21 on inciting a
riot disturbance: Any inmate who intentionally encourages, directs, commands, coerces or signals one or more other persons to participate in a
riot
disturbance is guilty of an offense. “Disturbance"
means a serious disturbance caused by a group of 2 or more persons which creates a serious risk of injury to persons or property has the meaning given in s. DOC 303.02 (14).
DOC 327.09 (2) (c) Section DOC 303.20 DOC 303.24 on group resistance and petitions does not apply.
DOC 327.09 (2) (d) (intro) The following is substituted for s. DOC 303.05 DOC 303.04 on conspiracy:
DOC 327.09 (2) (e) (intro) The following is substituted for s. DOC 303.22 DOC 303.26 on escape:
DOC 327.09 (2) (f) The following is substituted for s. DOC 303.27 DOC 303.31 on lying: Any inmate who knowingly makes a false written or oral statement to a staff member is guilty of an offense.
DOC 327.09 (2) (h) Section DOC 303.30 DOC 303.34 on unauthorized forms of communication does not apply.
DOC 327.09 (2) (i) The following is substituted for s. DOC 303.32 DOC 303.36 on enterprises and fraud: Any inmate who offers to buy or orders any item with the intention of not paying for it or incurs debt without permission is guilty of an offense.
DOC 327.09 (2) (m) 1. Except as specifically authorized by CRC staff, any inmate who knowingly has in his or her possession any intoxicating substance as defined under s. DOC 303.02(14) DOC 303.02(23) is guilty of an offense
; and.
DOC 327.09 (2) (q) (intro) The following is substituted for s. DOC 303.49 DOC 303.50 on punctuality and attendance: Inmates shall attend and be on time for all events, classes, meetings, appointments, job and other activities for which they are scheduled. Any inmate who violates this section is guilty of an offense, unless one of the following applies:
DOC 327.09 (2) (r) Section DOC 303.50
DOC 303.51 on loitering does not apply;
DOC 327.09 (2) (s) The following is substituted for s. DOC 303.51 DOC 303.52 on leaving assigned area: Any inmate who leaves an area where he or she is attending a scheduled activity other work or school assignment before the activity or the work or school assignment is over is guilt of an offense, unless absence from the assigned area has been approved by an appropriate CRC member;
DOC 327.09 (2) (t) Section DOC 303.52 DOC 303.50 entry of into another inmate's quarters assigned living area does not apply.
DOC 327.09 (2) (u) Section DOC 303.54 DOC 303.55 on improper storage does not apply.
DOC 327.09 (2) (v) Section DOC 303.55 DOC 303.56 on dirty quarters assigned living area does not apply.
DOC 327.09 (2) (w) Section DOC 303.56 DOC 303.57on poor grooming personal hygiene does not apply.
DOC 327.09 (2) (x) (intro) The following is substituted for s. DOC 303.57 DOC 303.58 on misuse of prescription medication: Any inmate who knowingly does any of the following is guilty of offense:
DOC 327.09 (2) (y) Section DOC 303.59 DOC 303.60 on use of intoxicants applies except that subs. (2) and (3) are modified to include tests, examinations and specimens requested in accordance with this chapter.
DOC 327.09 (2) (z) (intro) The following is substituted for s. DOC 303.63 DOC 303.28 (3) on violations of institution policies and procedures:
DOC 327.09 (3) In addition to the rules listed under sub. (1) and the list of offenses under ss. DOC 303.12 to 303.631
DOC 303.11 to 303.64 as affected by sub. (2), CRC staff may develop additional written rules and specific conditions for an inmate's CRC placement. These specific rules and conditions may be modified at any time with written notice to the inmate.
DOC 327.13 (intro) Disciplinary procedure and penalties. The due process fact finding hearing to determine if the inmate has committed a violation under s.
DOC 327.12 shall be conducted in accordance with the procedures under ss.
DOC 303.64 to 303.87 DOC 303.65 to 303.92.
DOC 327.13 (2) Under s. DOC 303.67,DOC 303.68 on review by the security office the person who wrote the conduct report shall send it to the department supervisory staff person designated to review conduct reports in his or her area within 24 hours after writing the conduct report. The staff person who is designated to review the conduct report shall review it under s. DOC 303.67 DOC 303.68 within 24 hours after receipt.
DOC 327.13 (3) Under s.
DOC 303.68 (3) DOC 303.71(2) in addition to the listed offenses, the violation of any of the following sections is a major offense: s.
DOC 303.43 on possession of intoxicants; s.
DOC 303.44 on possession of drug paraphernalia; s.
DOC 303.51 DOC 303.52 on leaving assigned area; and s.
DOC 303.511 DOC 303.53 on being in an unassigned area.
DOC 327.13 (4) Under DOC 303.76(1) DOC 303.80(1)on hearing procedure for major violations, a copy of the approved conduct report shall be given to the inmate within 4 working days after approval under s. DOC 303.67 DOC 303.68.
DOC 327.13 (5) Under DOC 303.76 (4) DOC 303.80 (5) the due process hearing may take place at the CRC residence, any state correctional institution, a county jail or other facility designated by the department.
DOC 327.13 (6) Section DOC 303.78(1) DOC 303.83 is modified to read: The superintendent may designate or hire staff members to serve as advocates staff representatives for inmates in disciplinary hearings at the institution, or staff members may volunteer to serve as advocates staff representatives. The superintendent shall assign advocates staff representatives to inmates. If an inmate objects to the assignment of a particular advocate staff representative because the advocate staff representative has a known and demonstrated conflict of interest in the case, the superintendent shall assign a different staff member to serve as the inmate's advocate staff representative.
DOC 327.13 (7) Under s. DOC 303.81 (3) DOC 303.84 (4), if an inmate witness must be transported to another institution or facility to testify, the inmate does not have to attend the disciplinary hearing. However, the hearing officer shall attempt to get a signed statement from the witness to be used at the disciplinary hearing or the advocate staff representative shall attempt to interview the witness and report on the testimony to the committee in lieu of a personal appearance by the witness.
DOC 327.13 (8) Under ss. DOC 303.75 (3) and
303.82 DOC 303.78 and 303.85, any department staff member designated by the superintendent may serve on an adjustment disciplinary committee or serve as a hearing officer.
DOC 327.13 (9) A penalty listed in s. DOC 303.84
DOC 303.87 need not be imposed as a result of a finding of guilt.
DOC 327.13 (10) Under
ss. DOC 303.69 and 303.70 s. DOC 303.73 adjustment segregation or program segregation may be served in any state correctional institution, a county jail or other facility designated by the department to hold CRC adjustment segregation or program segregation status.
DOC 327.15 (6) (d) Items not permitted under this section or under an inmate's special conditions of CRC placement are contraband. They may be seized in accordance with s. DOC 303.10 DOC 303.09. An inmate may be subject to discipline for possessing contraband.
SECTION 4. DOC 308.03 (6) and (8), 309.02 (13), 309.55 (e) 4., 5., and 6., 327.09 (2) (g), (j), and (n) are repealed.
SECTION 5. DOC 308.03 (8m), 309.55 (4) (e) 4. and 5. are created to read:
DOC 308.03 (8m) “Security threat group" means a group of individuals which threatens, intimidates, coerces or harasses others or engages in activities which violates or encourages the violation of statutes, administrative rules or departmental policies or institutional procedures
DOC 309.55 (4) (e) 4. Disciplinary separation under s.
DOC 303.73.
DOC 309.55 (4) (e) 5. Controlled segregation under s.
DOC 303.74.
SECTION 6. Effective date: This rule shall take effect on the first day of the month following publication in the Wisconsin administrative register as provided in s.
227.22 (2) (intro), Stats.
Notice of Hearing
Insurance
NOTICE IS HEREBY GIVEN that pursuant to the authority granted under section
601.41 (3), Stats., and the procedures set forth in under section
227.18, and
227.24 (4), Stats., OCI will hold a public hearing to consider the adoption of a proposed permanent rule and the emergency rule (
EmR1101) published February 9, 2011, affecting section
Ins 6.07, Wis. Adm. Code, relating to readability and electronic access to insurance policies and affecting small business.
Hearing Information
Date and Time Location
May 3, 2011 OCI, 2nd floor, Room 227
Tuesday 125 South Webster Street
at 10:00 A.M. Madison, WI 53703
Submittal of Written Comments
Written comments can be mailed to:
Julie E. Walsh
Legal Unit - OCI Rule Comment for Rule Ins 607
Office of the Commissioner of Insurance
PO Box 7873
Madison WI 53707-7873
Written comments can be hand delivered to:
Julie E. Walsh
Legal Unit - OCI Rule Comment for Rule Ins 607
Office of the Commissioner of Insurance
125 South Webster St – 2nd Floor
Madison WI 53703-3474
Comments can be emailed to:
Julie E. Walsh
Comments submitted through the Wisconsin Administrative Rule Web site at:
http://adminrules.wisconsin
.gov on the proposed rule will be considered.
The deadline for submitting comments is 4:00 p.m. on the 10th day after the date for the hearing stated in this Notice of Hearing.
Copies of Proposed Rule
A copy of the full text of the proposed rule changes, analysis and fiscal estimate may be obtained from the OCI internet Web site at
http://oci.wi.gov/ocirules.htm or by contacting Inger Williams, Public Information and Communications, OCI, at:
inger.williams@wisconsin.gov, (608) 264-8110, 125 South Webster Street – 2
nd Floor, Madison, WI or PO Box 7873, Madison, WI 53707-7873.
Analysis Prepared by the Commissioner of Insurance
Statute(s) interpreted
Statutory authority
Explanation of agency authority
