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(a) The inmate’s presence in general population may impede a pending investigation or disciplinary action.
(b) The inmate’s presence in general population may be disruptive to the operation of the institution.
(c) The inmate’s presence in general population may create a danger to the physical safety of the inmate or another.
(d) The inmate’s presence in general population may create a risk that the inmate shall try to escape from the institution.
(e) If the inmate completes disciplinary separation or administrative confinement and is awaiting placement at the appropriate security level or status.
(5) Institution staff shall document the reasons for TLU placement and shall notify the inmate of the reasons.
(6) The institution shall continue to compensate an inmate who had been earning institution compensation at the rate earned in the inmate’s previous status, except that the institution shall compensate an inmate employed by prison industries in accordance with ch. DOC 313.
(7) If 1983 Act 528 does not apply to the inmate, the inmate shall continue to earn extra good time credit. If an inmate was eligible for positive adjustment time under s. 302.113, 2009 Stats., or under s. 304.06, 2009 Stats., the inmate may earn positive adjustment time while in TLU status between October 1, 2009 and August 3, 2011.
(8) TLU time shall not be considered time served for disciplinary penalty purposes.
History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.
Subchapter II — Offenses Against Bodily Security
DOC 303.11 Assault. An inmate who does any of the following is guilty of assault:
(1) Causes bodily harm to another.
(2) Engages in a physical altercation with another person.
History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.
DOC 303.12 Aggravated assault. An inmate who does any of the following is guilty of aggravated assault:
(1) Causes substantial bodily harm or great bodily harm to another.
(2) Impedes the normal breathing or circulation of blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person.
(3) Spits, throws, or uses body fluids or waste or any substance on another.
(4) Causes the death of another.
(5) Uses any item as a weapon to cause bodily harm to another.
History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.
DOC 303.13 Assault on employee. An inmate who does any of the following is guilty of assault on an employee:
(1) Causes bodily injury or harm to an employee.
(2) Impedes the normal breathing or circulation of blood by applying pressure on the throat or neck or by blocking the nose or mouth of an employee.
(3) Spits, throws, or uses bodily fluids or waste or any substance on an employee.
(4) Causes the death of an employee.
(5) Uses any item as a weapon to cause bodily harm to an employee.
History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.
DOC 303.14 Sexual conduct.
(1) An inmate who does any of the following is guilty of sexual conduct:
(a) Requests, hires or tells another person to have sexual intercourse, sexual contact, or engage in sexual conduct.
(b) Exposes the inmate’s own intimate parts to another person for the purpose of sexual arousal or gratification.
(c) Has contact with or performs acts with an animal that would be sexual intercourse or sexual contact if with another person.
(d) Clutches, fondles, or touches the inmate’s own intimate parts, whether clothed or unclothed, while observable by another.
(e) Simulates a sexual act while observable by another.
(f) Kissing, hand holding, hugging, stroking or other physical displays of affection except for that allowed under department policy.
(g) Engages in sexual harassment including repeated and unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or offensive sexual nature.
(2) Consensual acts are prohibited under this section.
History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.
DOC 303.15 Sexual contact or intercourse.
(1) An inmate who does any of the following is guilty of sexual contact or intercourse:
(a) Has sexual intercourse.
(b) Has sexual contact.
(c) Commits an act of sexual gratification with another person.
(2) Consensual acts are prohibited under this section.
History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.
DOC 303.16 Sexual assault.
(1) An inmate who does any of the following with another person with force or the threat of force is guilty of sexual assault:
(a) Has sexual intercourse.
(b) Has sexual contact.
(c) Commits an act of sexual gratification.
(2) Consensual acts are prohibited under this section.
History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.
DOC 303.17 Sexual assault-aggravated.
(1) An inmate who does any of the following is guilty of sexual assault-aggravated:
(a) Causes physical injury as a result of a sexual assault.
(b) Uses a weapon in the commission of a sexual assault.
(c) Has sexual contact or sexual intercourse with a person who has not attained the age of 16 years.
(2) Consensual acts are prohibited under this section.
History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.
DOC 303.18 Threats. An inmate who communicates intent to do any of the following to a person is guilty of threats:
(1) Physically harm, harass or intimidate that person or another.
(2) Cause damage to or loss of that person’s or another person’s property.
(3) Make an accusation he or she knows is false.
History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.
DOC 303.19 Stalking. An inmate who engages in, causes, or requests a person to engage in any of the acts described in subs. (1) to (12) is guilty of stalking:
(1) Maintaining a visual or physical proximity to the targeted person.
(2) Approaching or confronting the targeted person.
(3) Appearing at the targeted person’s residence, place of employment, or places the targeted person frequents.
(4) Contacting the targeted person or the targeted person’s neighbors, friends, co-workers, household members, or family members.
(5) Causing the targeted person’s telephone to ring repeatedly or continuously, regardless of whether a conversation ensues.
(6) Photographing, videotaping, audio taping, or, through any other means, monitoring, recording, or logging the activities of the targeted person, regardless of where the act occurs and regardless of the means by which the monitoring, recording, or logging is conducted.
(7) Sending material by any means to the targeted person.
(8) Making information available about the targeted person by any means, whether true or false, to any person or in a manner in which the information would become available to any person.
(9) Touching or placing an object on or delivering an object to property owned, leased, or occupied by the targeted person.
(10) Seeking out in any way or possessing documents with personal identifying information pertaining to the targeted person.
(11) Possessing a photograph of, or media article pertaining to, a targeted person whom the inmate has previously been found guilty of stalking. This section shall not apply to an inmate who possesses a photograph of, or media article pertaining to, the inmate’s child, so long as the possession is not otherwise prohibited.
(12) Falsely representing himself or herself as the current or former spouse, boyfriend, girlfriend, close family member, relative, or household member of the targeted person.
History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.
Subchapter III — Offenses Against Institutional Security
DOC 303.20 Endangering safety. An inmate who endangers the health or safety of employees, inmates, others, or property by any means is guilty of endangering safety.
History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.
DOC 303.21 Inciting a disturbance. An inmate who encourages, directs, commands, coerces or signals one or more other persons to participate in a disturbance is guilty of inciting a disturbance.
History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.
DOC 303.22 Participating in a disturbance. An inmate who participates in a disturbance, or who remains in a group where some members of the group are participating in a disturbance, is guilty of participating in a disturbance.
History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.
DOC 303.23 Taking a hostage. An inmate who seizes, confines, or restrains one or more persons is guilty of taking a hostage.
History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.
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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.