Wisconsin Legislature: Register499A

SECTION 69. DOC 303.43 (1) is amended to read:

DOC 303.43 Possession of intoxicants. (1) Except as specifically authorized, any inmate who knowingly has in his or her the inmate's possession any intoxicating substance to include including items which have a legitimate use and are used under the supervision of a staff member, such as approved glue or cough syrup, is guilty of an offense.

SECTION 70. DOC 303.46 (1) is amended to read:

DOC 303.46 Possession of excess smoking materials. (1) Any inmate who knowingly has in his or her the inmate's possession over 4 cartons of cigarettes or over 50 cigars is guilty of an offense.

SECTION 71. DOC 303.47 (2) (a) to (d) are amended to read:

DOC 303.47 (2) (a) Items of a type which are not allowed, according to the posted list;.

(b) Allowable items in excess of the quantity allowed, according to the posted list;.

(d) Items which do not belong to the inmate, except state property issued to the inmate for his or her the inmate's use, such as sheets and uniforms.

SECTION 72. DOC 303.47 (3) is renumbered DOC 303.47 (4).

SECTION 73. DOC 303.47 (3) is created to read:

DOC 303.47 (3) Any inmate who possesses any personal written information relating to any staff of the department, including a staff's or staff's immediate family home address or telephone number is guilty of an offense.

SECTION 74. DOC 303.48 (2) is amended to read:

DOC 303.48 (2) Any inmate who sends through the mail anything which, according to ss. DOC 303.42 to 303.47, he or she the inmate may not have in his or her the inmate's possession, is guilty of an offense. Items in safekeeping may be sent out at the inmate's expense. Some items which were seized may be sent out at the inmate's expense, in accordance with s. DOC 303.10.

SECTION 75. DOC 303.48 (3) to (6) are created to read:

(3) Any inmate who does any of the following is guilty of an offense:

(a) Intentionally makes or alters any postage stamp or alters or erases a postal cancellation mark or possesses any postage stamp that has been altered.

(b) Knowingly mails or attempts to mail any letter or parcel on which is affixed a canceled postage stamp.

(4) Any inmate who attempts to circumvent the rules under s. DOC 309.04 related to mail or correspondence by sending a second envelope or letter intended to be mailed elsewhere within a sealed envelope is guilty of an offense. This subsection does not prevent an inmate from sending pre-addressed legal documents to someone to mail.

(5) Any inmate who sends food samples through the U. S. mail or through any other mailing system is guilty of an offense.

(6) Any inmate who sends body fluids or body wastes, including pubic hair, through the mail is guilty of an offense.

SECTION 76. DOC 303.49 (intro.), (1) and (2) are amended to read:

DOC 303.49 Punctuality and attendance. Inmates shall attend and be on time for all events, classes, meetings, meals, appointments , work assignments, counts, and the like for any similar activities for which they are scheduled. Any inmate who intentionally, recklessly or negligently violates this section is guilty of an offense, unless one of the following exist:

(1) The inmate is sick and reports this fact as required by posted institution policies and procedures;.

(2) The inmate has a valid pass to be in some other location; or.

SECTION 77. DOC 303.51 (intro.) and (1) are amended to read:

DOC 303.51 Leaving assigned area. Any inmate who intentionally leaves a room or area where he or she the inmate is attending any scheduled activity such as a class, meal, religious service, group meeting or other event, or who leaves the immediate area of a work or school assignment before the event or the work or school assignment is over is guilty of an offense, unless one of the following exists:

(1) The inmate gets permission to leave from a staff member supervising the activity; or.

SECTION 78. DOC 303.511 is amended to read:

DOC 303.511 Being in an unassigned area. Any inmate who, without a staff member's permission, intentionally enters or remains in a room or area other than the one to which he or she the inmate is assigned is guilty of an offense.

SECTION 79. DOC 303.52 (1) (intro.) and (1) (a) are amended to read:

DOC 303.52 Entry of another inmate's quarters. (1) Any inmate who enters the quarters of any other inmate or permits another to enter his or her the inmate's quarters, is guilty of an offense, unless such entry is the result of one of the following:

(1) (a) Part of a work assignment and under the supervision of a staff member; or.

SECTION 80. DOC 303.55 is amended to read:

DOC 303.55 Dirty quarters. Each institution or residence hall shall adopt and post specific procedures regulating the organization, neatness and cleanliness of inmates' quarters. Any inmate whose quarters do not comply with the posted procedures is guilty of an offense, provided that the inmate had knowledge of the condition of his or her the inmate's quarters and had the opportunity to clean or rearrange it.

SECTION 81. DOC 303.56 (1) is amended to read:

DOC 303.56 Poor grooming. (1) Any inmate whose personal cleanliness or grooming is a health hazard to himself or herself the inmate, or others, and who has knowledge of this condition and the opportunity to correct it, but does not, is guilty of an offense.

SECTION 82. DOC 303.57 (1) to (4) are amended to read:

DOC 303.57 (1) Takes more of a prescription medication than was prescribed;.

(2) Takes a prescription medication more often than was prescribed;.

(3) Takes a prescription medication which was not prescribed for him or her; or the inmate.

(4) Possesses or takes any prescription medication except at the time and place where he or she the inmate is supposed to take it.

SECTION 83. DOC 303.57 (5) is created to read:

DOC 303.57 (5) Improperly disposes of any prescription medication. The inmate shall return unused medication to staff.

SECTION 84. DOC 303.58 is amended to read:

DOC 303.58 Disfigurement. Any inmate who intentionally cuts, pierces, removes, mutilates, discolors or tattoos any part of his or her the inmate's body or the body of another, is guilty of an offense.

SECTION 85. DOC 303.59 (1), (2) (b), and (2) (d) are amended to read:

DOC 303.59 Use of intoxicants. (1) Any inmate who intentionally takes into his or her the inmate's body any intoxicating substance, except prescription medication in accordance with the prescription, is guilty of an offense.

(2) (b) The results of a test conducted under par. (a) on a specimen of an inmate's urine shall be confirmed by a second test if all of the following conditions are met:

1. The test under par. (a) is the sole evidence of use of intoxicants;.

2. A major penalty as defined in s. DOC 303.68 (1) (a) will may be imposed as a result of the test under par. (a); .

3. The inmate does not admit the use of intoxicating substances ; and.

4. The inmate requests a confirmatory test immediately after being informed of a positive test result.

(2) (d) An inmate who requests a confirmatory test shall pay for half the cost of the test. If the inmate does not have sufficient funds to pay for half the cost of the test, the institution in which the inmate is confined shall loan the inmate the necessary funds. If the confirmatory test does not validate the results of the first test, the inmate shall be refunded any money he or she the inmate contributed to the cost of the confirmatory test.

SECTION 86. DOC 303.60 is amended to read:

DOC 303.60 Gambling. (1) Any inmate who gambles or possesses any gambling material is guilty of an offense. “Gambles” includes betting money or anything of value 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.

(2) Any inmate who organizes a lottery or betting pool or game played for money or anything of value or possesses any materials relating to a lottery or betting pool, is guilty of an offense.

SECTION 87. DOC 303.60 (3) is created to read:

DOC 303.60 (3) Any inmate who participates in any lottery, sweepstakes, or other form of gambling, is guilty of an offense.

SECTION 88. DOC 303.61 is amended to read:

DOC 303.61 Refusal to work or attend school. Any inmate who intentionally refuses to perform a work assignment or attend school, and who is physically able to do so, is guilty of an offense, unless he or she the inmate has specific permission to do so.

SECTION 89. DOC 303.63 (1) (intro.) and (a) to (j) are amended to read:

DOC 303.63 Violations of institution policies and procedures. (1) Each institution may make specific substantive disciplinary policies and procedures relating to any of the following:

(a) Visiting;.

(b) Recreation;.

(d) Movement within and outside the institution; .

(e) Attire;.

(f) Personal property;.

(g) The use of institution facilities;.

(h) Talking;.

(i) Sale of craft items;.

(j) Authorized enterprises; and.

SECTION 90. DOC 303.63 (1) (L) is created to read:

DOC 303.63 (1) (L) Any other area requiring regulation for the orderly operation of the institution by the institution that will not conflict with the laws, rules, and regulations of the state of Wisconsin and are deemed necessary for the safety and security of the inmates, staff, and public.

SECTION 91. DOC 303.631 is amended to read:

DOC 303.631 Violating conditions of leave. Any inmate who violates conditions imposed under s. DOC 326.07 326.06 (1) or (2) for leave is guilty of an offense.

SECTION 92. DOC 303.64 (3) and (4) are amended to read:

DOC 303.64 (3) The violation may be referred to the security supervisor director in writing by a conduct report as provided under s. DOC 303.66. Violations referred to the security supervisor may be dealt with as follows:

(a) The security supervisor director may dismiss, alter or correct the report as provided under s. DOC 303.67.

(b) If the violation is a minor one, the security supervisor director shall refer the matter to a hearing officer to be disposed of in accordance with s. DOC 303.75.

(c) If the violation is a major one, the security supervisor director shall refer the matter to a hearing officer to be disposed of in accordance with ss. DOC 303.76 to 303.84.

(4) Violations of the criminal law may be referred to the sheriff for further investigation and to the district attorney for prosecution. See s. DOC 303.73. Whether or not prosecution is started, the incident may be handled as a disciplinary offense.

SECTION 93. DOC 303.64 (5) is created to read:

DOC 303.64 (5) If found guilty, an inmate may be referred to program review to review the inmate's program assignment and custody level.

SECTION 94. DOC 303.65 (1) (intro.), (1) (a), (b) and (c) and (4) are amended to read:

DOC 303.65 Offenses that do not require a conduct report. (1) Staff members are not required to make official conduct reports on all observed violations of the disciplinary rules. Under any of the following conditions, the staff member may merely inform the inmate that his or her the inmate's behavior is against the rules and discuss the inmate's behavior and give a warning if:

(a) The inmate is unfamiliar with the rule;.