DOC 350.24(3)(d)8. 8. Information on the incident, the discipline administered, and the hearing officer or committee's decision shall be made part of the inmate's file. Upon appeal, if the hearing officer or committee or the reviewer under par. (d) 6. finds that no violation occurred, the due process records shall reflect those findings.
DOC 350.24(3)(e) (e) An inmate may waive the right to a due process hearing under par. (d) in writing at any time. If the inmate waives the right to a due process hearing, the violation shall be disposed of in accordance with the procedures for minor violations under sub. (2), except that a major discipline may be imposed if the relevant staff member finds a violation occurred. A waiver does not constitute an admission of the alleged violation.
DOC 350.24(4) (4)Classification. An inmate may be evaluated for custody classification following the imposition of discipline.
DOC 350.24 History History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.
DOC 350.25 DOC 350.25Administrative confinement. In this section, “administrative confinement" means a nonpunitive, segregated confinement of an inmate in his or her cell or other designated area to ensure personal safety and security within the jail. The jail shall have policies and procedures outlining the administrative confinement process, including the following components:
DOC 350.25(1) (1) An inmate may be placed in administrative confinement if the inmate's continued presence in the general population meets one of the following:
DOC 350.25(1)(a) (a) Presents a substantial risk of physical harm to the inmate, another person, or property.
DOC 350.25(1)(b) (b) Threatens the security and order of the jail.
DOC 350.25(1)(c) (c) Inhibits a pending disciplinary investigation.
DOC 350.25(2) (2) A jail staff member shall inform his or her supervisor of any incident that may require administrative confinement of an inmate, and the supervisor shall determine whether to place the inmate in administrative confinement. In the absence of his or her supervisor, a jail staff member may place an inmate in administrative confinement. The staff member's supervisor shall review that placement decision within 24 hours. This review shall include evaluation of the inmate's classification.
DOC 350.25(3) (3) An inmate's progress in administrative confinement shall be reviewed by a supervisor at least once every seven days. The supervisor shall determine when the inmate no longer presents a threat to the safety, security, and order of the jail and may be released to the general population. Each review shall be documented.
DOC 350.25(4) (4) The reason an inmate is placed in administrative confinement and the length of time the inmate remains in administrative confinement shall be documented in the inmate's file.
DOC 350.25 History History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.
DOC 350.26 DOC 350.26Grievance process. The jail shall have policies and procedures relating to an inmate grievance process and ensure it is available to all inmates and includes at least one level of appeal.
DOC 350.26 History History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.
DOC 350.27 DOC 350.27Legal access. The jail shall have policies and procedures to address inmates' access to the courts, their attorneys, and legal materials.
DOC 350.27 History History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.
DOC 350.28 DOC 350.28Indigence. The jail shall have policies and procedures to address indigence, including all of the following components:
DOC 350.28(1) (1) The jail shall establish definitions and procedures to define indigence.
DOC 350.28(2) (2) Inmates' access to health care, programming, and essential services is not precluded by inability to pay.
DOC 350.28 History History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.
DOC 350.29 DOC 350.29Mail. The jail shall have policies and procedures relating to written contact between inmates and their families, friends, attorneys, the court system, governmental officials, and others, including the following components:
DOC 350.29(1) (1) Provision for staff inspection and reading of nonprivileged incoming and outgoing mail.
DOC 350.29(2) (2) Provision for the limited inspection of incoming and outgoing privileged mail.
DOC 350.29(3) (3) Delivery of all nonprivileged and approved privileged incoming mail.
DOC 350.29(4) (4) Inventory and disposition of contraband items found in mail.
DOC 350.29(5) (5) Provision of postage to indigent inmates.
DOC 350.29(6) (6) Provision for notifying inmates when incoming or outgoing mail is withheld.
DOC 350.29 History History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.
DOC 350.30 DOC 350.30Visitation. The jail shall have policies and procedures relating to visitation, including the following components:
DOC 350.30(1) (1) Establishment of visitation schedule for family, friends, attorneys, and others. Attorney visits shall be allowed during reasonable hours, as long as security and daily routine are not unduly interrupted.
DOC 350.30(2) (2) Establishment of procedures for requesting visitation during nonscheduled times.
DOC 350.30(3) (3) Documentation of all visits through a visitor log or register.
DOC 350.30(4) (4) Establishment of a search policy of visitors and their possessions.
DOC 350.30(5) (5) Posting of visitation policies and procedures, including visitation schedule, in a place readily accessible to visitors and inmates.
DOC 350.30(6) (6) Establishment of a search policy for inmates before and after each visit.
DOC 350.30 History History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.
DOC 350.31 DOC 350.31Programs and services. The jail shall have policies and procedures relating to the provision of inmate programs and services, including the following components:
DOC 350.31(1) (1) Use of community resources, contract providers, and volunteers authorized by the sheriff.
DOC 350.31(2) (2) Notification to inmates of availability, eligibility, and schedules.
DOC 350.31(3) (3) Conducting criminal background checks on all volunteers, community resources, and contract providers.
DOC 350.31(4) (4) Orientation and training on facility operations for all volunteers.
DOC 350.31(5) (5) Educational programming for inmates who are under 18 years of age consistent with the requirements of the Department of Public Instruction.
DOC 350.31 History History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.
DOC 350.32 DOC 350.32Religious programming. Inmates shall have the opportunity to participate in practices of their religious faith consistent with existing state and federal statutes. The jail shall have policies and procedures relating to religious programming, including the following components:
DOC 350.32(1) (1) Identification of religious organizations and clergy willing to conduct religious services in the facility.
DOC 350.32(2) (2) Notification to inmates of the schedule of religious services available in the jail.
DOC 350.32(3) (3) Identification of religious items that may be kept on an inmate's person or in the cell.
DOC 350.32(4) (4) Conducting criminal background checks on members of a religious organization and clergy.
DOC 350.32(5) (5) Orientation and training on facility operations for all volunteers.
DOC 350.32 History History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.
DOC 350.33 DOC 350.33Recreation. The jail shall have policies and procedures relating to recreation, including the following components:
DOC 350.33(1) (1) Identification of the recreational activities that are available.
DOC 350.33(2) (2) Schedule of recreational activities.
DOC 350.33(3) (3) When and where available, at least one hour of daily exercise and recreation is outside the cell or outdoors.
DOC 350.33 History History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.
DOC 350.34 DOC 350.34Publications. The jail shall have policies and procedures relating to access to publications, including the following components:
DOC 350.34(1) (1) Provision of publications of general interest for inmates such as books, newspapers, and magazines.
DOC 350.34(2) (2) Identification of publications that are prohibited for inmates because their content creates a security risk.
DOC 350.34(3) (3) Inspection of publications brought by visitors for inmates if the jail allows visitors to bring in reading materials.
DOC 350.34 History History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.
DOC 350.35 DOC 350.35Canteen. The jail shall have policies and procedures for the establishment and use of canteen, vending, or other similar services for inmates, including the following components:
DOC 350.35(1) (1) Canteen shall be made available to eligible inmates.
DOC 350.35(2) (2) Access to canteen may be restricted by the facility based upon inmate classification or status.
DOC 350.35 History History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.