The ICE shall collect and date stamp all complaints with the date collected.
The ICE shall accept the complaint, return the complaint in accordance with sub. (5)
, or reject the complaint in accordance with sub. (6)
The ICE shall assign a file number and classification code to an accepted or rejected complaint.
The ICE shall give written notice to the inmate within 10 days of collection that the complaint has been received.
The ICE may return a complaint within 10 days if it does not meet the criteria under s. DOC 310.07 (1)
, and (5)
to permit the inmate to resubmit the complaint after correcting issues noted by the ICE. Inmates shall be given one opportunity to correct and resubmit a returned complaint. The ICE shall grant 10 days for receipt of the corrected complaint.
The ICE may reject a complaint for the following reasons:
The inmate submitted the complaint solely for the purpose of harassing or causing a person to suffer emotional distress or to fear bodily injury.
The inmate does not raise an issue regarding policies, rules, living conditions, or employee actions that personally affect the inmate or institution environment.
The inmate does not provide sufficient information to support a complaint.
The inmate submitted the complaint beyond 14 days after the date of the occurrence giving rise to the complaint and provides no good cause for the ICE to extend the time limits.
The issue has already been addressed through the inmate's prior use of the ICRS.
The complaint contains obscene, profane, abusive, or threatening language unless such language is necessary to describe the factual basis of the substance of the complaint.
The complaint contains a foreign substance, in which case all of the following apply:
Complaints that contain a foreign substance will not be included in the complaint record and will be disposed of in accordance with institution procedure.
Inmates who submit a complaint containing a foreign substance may be subject to disciplinary action in accordance with ch. DOC 303
The ICE shall have full access to the institution, inmates, employees, and department records to investigate the complaint.
The ICE shall give priority to complaints dealing with health or personal safety.
The ICE shall either reject the complaint or send a recommendation to the appropriate reviewing authority within 30 days from the date of receipt.
An inmate may appeal a rejected complaint within 10 days to the appropriate reviewing authority who shall only review the basis for the rejection of the complaint. The reviewing authority's decision is final.
The complaint record shall include the names of persons interviewed and evidence that is relevant, material, and not repetitious.
The ICE may recommend to the reviewing authority that the complaint be affirmed or dismissed in whole or in part.
DOC 310.10 History
History: CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18. DOC 310.11
DOC 310.11 Reviewing authority decision.
The reviewing authority shall make a decision within 15 days following receipt of the recommendation under s. DOC 310.10 (12)
or appeal of a rejected complaint.
The reviewing authority shall affirm or dismiss the complaint in whole or in part or return the complaint to the ICE for further investigation.
If the inmate does not receive a decision within 45 days after the date of acknowledgement under s. DOC 310.10 (4)
, the inmate may appeal to the CCE.
DOC 310.11 History
History: CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18. DOC 310.12
DOC 310.12 Review by corrections complaint examiner. DOC 310.12(1)(1)
An inmate may appeal the reviewing authority decision within 14 days after the date of the decision by filing a typed or legibly printed request for review with the CCE on forms supplied for that purpose. The institution shall make these forms accessible to inmates.
The CCE may accept, return, or recommend rejection of an appeal or complaint.
The CCE will only address issues raised in the original complaint.
The CCE shall return an appeal if any of the following apply:
The appeal does not list the complaint file number or contains more than one complaint file number.
Upon good cause as determined by the CCE, an appeal filed later than 14 days after the date of the reviewing authority decision may be accepted.
The CCE shall have full access to the institution, inmates, employees, and department records to investigate the appeal.
The CCE shall give priority to health or personal safety complaints.
For all accepted appeals, the CCE shall recommend that the reviewing authority decision be affirmed or dismissed, in whole or in part, and send its recommendation to the secretary within 45 days of receipt of the appeal. The CCE may extend the time for submitting a recommendation with notice provided to the inmate.
DOC 310.12 History
History: CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18. DOC 310.13(1)
The secretary shall make a decision within 45 days following receipt of the CCE's recommendation. The secretary may extend the time for making a decision for good cause with notice provided to the inmate.
The secretary shall affirm or dismiss the CCE's recommendation, in whole or in part, or return the appeal to the CCE for further investigation.
If the inmate does not receive the secretary's written decision within 90 days of the date of receipt of the appeal in the CCE's office, the inmate shall consider the administrative remedies to be exhausted, unless the time has been extended under sub. (1)
DOC 310.13 History
History: CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18. DOC 310.14
DOC 310.14 Complaint processing following release.
If an inmate is released from an institution
prior to a decision being made on a complaint or appeal, the complaint will be processed in accordance with this chapter.
DOC 310.14 History
History: CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18. DOC 310.15
DOC 310.15 Resolution of affirmed complaint. DOC 310.15(1)(1)
If the decision requires a change in administrative practice or policy, the department shall implement the change as soon as practicable.
If the resolution of an affirmed complaint has not been implemented within 60 days, the inmate may inform the decision-maker in writing.
DOC 310.15 History
History: CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18. DOC 310.16(1)
Except as otherwise provided in this section, the department shall ensure that complaints filed under this chapter are confidential.
ICRS staff may reveal the identity of inmates and the nature of the complaint to the extent reasonably necessary to investigate the complaint, implement the remedy, or to respond to litigation.
The reviewing authority or secretary may waive confidentiality of a complaint if the security, safety, or health of the institution or any person is involved.
The reviewing authority or secretary may waive confidentiality of a complaint to satisfy PREA standards and reporting requirements.
A copy of or reference to a complaint or decision may not be placed in the inmate's institution files except with authorization from the reviewing authority or as required under sub. (2)
An inmate may file a complaint alleging a breach of confidentiality under this section.
An inmate waives confidentiality by making known any aspect of a complaint to persons outside the ICRS.
The confidentiality of the complaint process does not prohibit disciplinary action under ch. DOC 303
for misuse of the ICRS. Misuse of the ICRS includes complaints that are intended to do any of the following:
Erode the integrity or credibility of employees by knowingly providing false statements.
ICRS staff may access an inmate’s protected health information to investigate, make recommendations, render decisions, and decide appeals when access is related to the complaint, subject to any of the following:
Access may include verbal information from a health provider and written health records related to the inmate complaint.
Protected health information entered into the record shall be limited to the minimum necessary to process the inmate complaint.
For inmates in restrictive housing, staff may inspect correspondence in the presence of the inmate only to the extent necessary to determine if it contains contraband.
Inmates will not have access to other inmate's complaints through the ICRS.
DOC 310.16 History
History: CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18.