DOC 303.77 Contested minor disposition.
DOC 303.78 Uncontested major disposition.
DOC 303.79 Hearing officer.
DOC 303.80 Contested major disposition.
DOC 303.81 Contested major disposition: waiver of due process hearing.
DOC 303.82 Appeal of contested major or minor disposition or contested major waiver.
DOC 303.83 Due process hearing: staff representative.
DOC 303.84 Due process hearing: witnesses.
DOC 303.85 Disposition considerations.
DOC 303.86 Recordkeeping.
DOC 303.88 Harmless error.
DOC 303.89 Warden-initiated review.
DOC 303.90 Administrative assignment or transfer.
Ch. DOC 303 Note
Note: Chapter DOC 303 as it existed on December 31, 2014 was repealed and a new Chapter DOC 303 was created, Register September 2014 No. 708, effective January 1, 2015.
DOC 303.01(1)
(1) Pursuant to authority vested in the department of corrections by s.
227.11 (2), Stats., the department adopts this chapter which applies to all inmates in its legal custody regardless of the inmates' physical placement. This section does not preclude another jurisdiction that has physical custody of the inmate from enforcing its rules related to inmate behavior. This chapter implements ss.
301.03 (2),
302.04,
302.07,
302.08, and
302.11 (2), Stats. The rules governing inmate conduct under this chapter describe the conduct for which an inmate may be disciplined and the procedures for the imposition of discipline.
DOC 303.01(2)
(2) Discipline includes the dispositions described in
ss. DOC 303.70 and
DOC 303.72. The objectives of the disciplinary rules under this chapter are the following:
DOC 303.01(2)(b)
(b) The maintenance of a safe setting in which inmates can participate in constructive programs.
DOC 303.01(2)(c)
(c) The rehabilitation of inmates through the development of their ability to live with others, within rules.
DOC 303.01(2)(e)
(e) The development and maintenance of respect for authority, the correctional system, and for our system of government through fair treatment of inmates.
DOC 303.01 History
History: CR 11-022: cr.
Register September 2014 No. 705, eff. 1-1-15.
DOC 303.02
DOC 303.02 Definitions. In this chapter:
DOC 303.02(1)
(1) “Administrator" means an administrator of a division of the department, or designee.
DOC 303.02(3)
(3) “Bodily harm" means physical pain or injury, illness, or any impairment of physical condition.
DOC 303.02(4)
(4) “Body specimen" means biological specimen, including a sample of urine, breath, blood, stool, hair, finger nails, saliva, semen, skin cells, or DNA.
DOC 303.02(5)
(5) “Case record" means a method of storing information which is accessible by the use of an individual inmate's name or department identification number.
DOC 303.02(6)
(6) “Close family member" means natural, adoptive, step and foster parent, spouse, domestic partner, children, grandparent, grandchildren, or sibling. A surrogate parent is within the definition of parent if it is substantiated that the claimed surrogate has stood in the place of a parent and has been charged with the parent's rights, duties, and responsibilities, either by virtue of voluntary assumption or court appointment.
DOC 303.02(7)
(7) “Communicate" means to express verbally, in writing, or by means of a gesture or other action, to include electronic transmission.
DOC 303.02(8)(a)
(a) Any item which inmates may not possess under this chapter or is not authorized by department policy.
DOC 303.02(8)(b)
(b) Any item which is not state property and is on the institution grounds but not in the possession of any person.
DOC 303.02(8)(c)
(c) Any allowable item which comes into an inmate's possession through unauthorized means or is required to be on the inmate's property list and is not.
DOC 303.02(8)(f)
(f) Items deemed contraband by the disciplinary committee or hearing officer.
DOC 303.02(8)(g)
(g) Items directly or indirectly derived from or realized through the commission of any offense under this chapter.
DOC 303.02(8)(h)
(h) Item used in the commission of any offense under this chapter.
DOC 303.02(9)
(9) “Corporal punishment" means the deliberate infliction of pain as retribution for an offense or requiring the performance of tasks meant to humiliate or degrade.
DOC 303.02(11)
(11) “Department policy" means any department or division policy, facility procedure, inmate or unit handbook, or other official notice available to the inmate.
DOC 303.02(12)
(12) “Disciplinary separation" means a punitive, segregated status which is the result of a major penalty.
DOC 303.02(13)
(13) “Disturbance" means a riot or other disturbance to institutional order caused by a group of two or more inmates that may include one of the following:
DOC 303.02(13)(c)
(c) The destruction of state property or the property of another by two or more inmates.
DOC 303.02(13)(d)
(d) The refusal by two or more inmates, acting in concert, to comply with an order.
DOC 303.02(13)(e)
(e) Any words or acts which incite or encourage inmates to take any of the actions under
pars. (a) to
(d).
DOC 303.02(14)
(14) “Division" means the division of adult institutions, department of corrections.
DOC 303.02(15)
(15) “Employee" means any department staff member, an employee of a contract agency, an independent contractor, or a volunteer of the department or institution.
DOC 303.02(16)
(16) “Evidence" means 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 303.02(17)
(17) “Gambling" means betting on the outcome of all or any part of any game of skill or chance or an athletic contest or on the outcome of any event, or participation in any lottery or sweepstakes.
DOC 303.02(18)
(18) “Great bodily harm" means bodily injury which creates a substantial risk of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury.
DOC 303.02(20)
(20) “Hearing officer" means a supervisor assigned to conduct disciplinary hearings.
DOC 303.02(21)
(21) “Institution" means a correctional institution or correctional facility defined under s.
302.01, Stats.
DOC 303.02(22)
(22) “Intimate parts" means breast, penis, buttocks, anus, scrotum, or vaginal area or any other parts of the body that may result in sexual arousal or gratification for either party.
DOC 303.02(23)
(23) “Intoxicating substance" means anything which if taken into the body may alter or impair normal mental or physical functions.
DOC 303.02(24)
(24) “Member of a household" means a person who regularly resides in the household of another or who within the previous 6 months regularly resided in the household of another.
DOC 303.02(25)
(25) “Negotiable instrument" means a writing, signed by the maker or drawer, which contains a promise to pay which is payable on demand or at a specified time, and which is payable to the order of the bearer.
DOC 303.02(26)
(26) “Personally identifiable information" means information that can be associated with a particular individual through one or more identifiers or other information or circumstances.
DOC 303.02(27)
(27) “Possession" means on one's person, in any area to which the inmate has been assigned, or under one's control.
DOC 303.02(28)
(28) “Record" means any material on which written, drawn, printed, spoken, visual, electromagnetic, electronic or other information recorded or preserved, regardless of physical form or characteristics, which has been created or is being kept by an authority.
DOC 303.02(29)
(29) “Security director" means the security director at an institution or designee.
DOC 303.02(30)
(30) “Security threat group" means a group of individuals which threatens, intimidates, coerces or harasses others or which engages in any activity which violates or encourages the violation of statutes, administrative rules or department policy.
DOC 303.02(31)
(31) “Serious mental illness" means a diagnosed major mental disorder that is usually characterized by psychotic symptoms, significant functional impairments, or both, including schizophrenia, bipolar disorder, or major depressive disorder.
DOC 303.02(32)(a)
(a) Touching by the intimate parts of one person to any part of another person whether clothed or unclothed.
DOC 303.02(32)(b)
(b) Any touching by any part of one person or with any object or device of the intimate parts of another person or any other parts of the body that may result in sexual arousal or gratification for either party.
DOC 303.02(33)
(33) “Sexual intercourse" means any penetration, however slight, by the penis into the mouth, vagina, or anus of another person, or any penetration by any part of the body or an object into the anus or vagina of another person.
DOC 303.02(34)
(34) “Staff member" or “staff" means a person employed by the department as permanent, project and limited term employee.
DOC 303.02(35)
(35) “Stalking" means an act by an inmate with the purpose of causing that person to suffer emotional distress or to fear bodily injury or death of himself or herself or a member of his or her family or household.
DOC 303.02(36)
(36) “Substantial bodily harm" means bodily injury that causes a laceration that requires stitches, staples, or a tissue adhesive; any fracture of a bone; a broken nose; a burn; a petechia; a temporary loss of consciousness, sight or hearing; a concussion; or a loss or fracture of a tooth.
DOC 303.02(37)
(37) “Substantial involvement" means direct involvement with an alleged infraction, including being a witness or victim or serving as an investigator of an incident.
DOC 303.02(38)
(38) “Suffer serious emotional distress" means to feel terrified, intimidated, threatened, harassed, or tormented. For an offense to be proved, it is not required that a victim has received or shall receive treatment from a mental health professional in order to prove that the victim suffered serious emotional distress.
DOC 303.02(39)
(39) “Targeted person" means a person who is the subject of stalking. Targeted person may include a close family member, friend, co-worker or household member of the targeted person.
