24. Improperly disposing of any prescription medication.
D. This rule modifies the following offenses:
1. Broadens the definition of “conspiracy" by making it an offense for inmates to plan or agree with inmates or “others" to do acts prohibited by these rules.
2. Changes “Attempt" from a necessity to find both s. DOC 303.06 (1) (a) and (b) to a finding of “either" for guilt.
3. Changes “Aiding and abetting" to an offense if inmate acts in concert with “another" and not just another inmate, and removes the requirement for staff to name the principal actor when charging inmate.
4. Removes the language “knowledge of the condition of his or her quarters and had the opportunity to clean or rearrange it" from the offense of “dirty quarters."
5. Removes the language “knowledge of this condition and the opportunity to correct it" from the offense of “poor grooming."
6. Adds solicitation of “acquaintance" to the offense of “soliciting staff."
7. Exempts the formal complaint process from the offense “disrespect."
E. This rule deletes the following specific offenses:
1. “Possession of excess smoking materials."
2. “Talking."
3. “Attire."
F. This rule modifies disciplinary penalties and procedures to provide:
1. A new penalty--disciplinary separation. Disciplinary separation is being added to the major penalty selection as an alternative to program segregation. The difference is it is less punitive for the first time offender or the offender who normally follows the rules. That difference being there is not an automatic extension of mandatory release date with disciplinary separation. By law, program segregation requires an extension of one day for every 2 days served.
2. Removes specific requirements that each institution (a) maintain a bulletin board for bulletins of general applicability; (b) post bulletins on such bulletin boards at time of alleged violation in order to administer discipline for violations; and (c) maintain a notebook of current bulletins. Requires, instead, that institutions maintain at least one official method and location for notifying inmates about notices of general applicability.
3. Removes requirement that inmate have actual knowledge or have received copy of bulletins before discipline may be imposed.
4. Inmates in segregation shall have a copy of all bulletins that are applicable to the inmate.
5. Removes specific instructions regarding seizure and disposition of contraband and provides that the hearing officer, adjustment committee, or security director shall dispose of items in accordance with institution policies and procedures.
6. Deletes the listing of absolute defenses available to inmates charged with rule violations.
7. Restitution may include escape expenses and any other expense caused by the inmate's actions whether intentional or reckless.
8. Adds possession of intoxicants and possession of drug paraphernalia to major penalties.
9. Grants inmates the right to request, regardless of other evidence, a confirmatory test for intoxicating substances following an initial positive result.
10. Grants inmates in adjustment segregation the opportunity to exercise outside the cell at least once every eight days.
11. The time periods for adjustment segregation are consecutive to the time in adjustment segregation and concurrent to the time in program segregation.
12. The time periods in program segregation are concurrent to all segregation or disciplinary separation time.
13. Specifies that time in TLU cannot be considered as time served.
14. TLU is changed in the following ways:
• Changes security director placement review from “next working day" to “within 2 working days," and;
• Allows administrator to extend TLU for 21 days but removes words “for cause," and;
• Allows inmate to be in TLU if decision-maker believes certain elements are “possible." This is changed from “more likely than not."
• Provides for treatment of inmates in a private sector/prison industry enhancement certification program.
15. Loss of recreation privileges for inmates in the general population is 1 to 60 days for a minor penalty and more than 60 days for a major penalty.
16. Loss of recreation privileges for inmates in segregation is 1 to 8 days for a minor penalty and 9 to 60 days for a major penalty.
17. Room confinement for minor penalty is increased from a maximum of 10 days to a period of 1 to 15 days and a major penalty is 16 to 30 days.
18. Building confinement for a minor penalty is set at 1 to 30 days and a major penalty is a period more than 30 days.
19. Days in program segregation may be 150, 210, 240, 270, 330, or 360 days in addition to the current 30, 60, 90, 120, and 180.
20. Maximum days in segregation have been increased for the following offenses to:
a. Sexual conduct 8 and 180
b. Fighting 360
c. Lying 180
d. False names & titles 180
e. Gambling 180
21. Allows the adjustment committee, upon a finding of guilt, to refer the inmate to program review to review the inmate's program assignment and custody level.
22. Removes the enumerated list of factors the warden must consider when reviewing inmate program segregation status, while still providing for review at least once every 30 days.
23. Adds “secure work crew" as a minor disciplinary sanction.
24. Removes requirement that “only persons who are eligible to serve on the adjustment committee" serve as hearing officers for minor violations.
25. Allows the use of electronic conferencing for minor and major hearings.
26. Inmate's agreement to summary disposition is not appealable.
27. The 21-day time limit for disciplinary hearings is not jurisdictional.
28. Increases the time limit for the warden to review all records and forms pertaining to an appeal of a finding of guilt for a major offense from 10 days to within 60 days following receipt of request for appeal.
29. A dismissed conduct report serves as a warning that the behavior specified in the conduct report is a violation of the rules.
30. Removes the provision that property shall not be disposed of until the grievance is resolved.
31. Removes specific section on “referral for prosecution." Section DOC 303.64 does maintain security director authority to refer a criminal law violation to law enforcement authorities for further investigation and prosecution.
32. Permits the warden to designate an investigator to do the investigation and write the conduct report.
33. The warden may assign staff members to act as inmate advocate during disciplinary hearings and remove the language allowing inmates to choose the advocate from a list of 3 possible candidates.
34. Removes recommendation that “a training program for advocates should be conducted as often as possible."
35. The security director may, for good cause, waive time limits for due process hearing requests.
36. Tolls the time for commencing due process hearing when an inmate is in observation, control segregation, out of the institution by court or warden's order.
37. Removes the requirement that the hearing officer investigate whether a witness should be called.
38. Removes the language allowing inmates to opt-out of testifying at a disciplinary hearing for another inmate.
39. If testifying at a disciplinary hearing would pose a risk of harm to a witness, the committee may, instead, consider a “corroborated, signed statement under oath from that witness" (makes the language consistent with section DOC 303.86 (4) Evidence).
Initial Regulatory Flexibility Analysis
These rules are not expected to have an effect on small businesses.
Fiscal Estimate
This rule has not been updated since it was created nearly 19 years ago. This revision updates language in the original rule, amends the existing rule to add additional offenses for which inmates may be disciplined and creates a new penalty-disciplinary separation-as an alternative to program segregation.
The revised rule is intended to clarify procedures related to disciplinary actions and, with the creation of disciplinary separation, to allow more efficient management of segregation cells. In each case, the proposed rule may result in more effective allocation of DOC staff time. In 1996, inmates filed a total of 294 lawsuits arising from disciplinary actions. Each lawsuit filed requires the use of DOC staff time to collect information as part of a court record. It is anticipated that the proposed revised rule clarifying procedures related to disciplinary actions may result in fewer lawsuits filed or more lawsuits resolved earlier.
The creation of disciplinary separation will allow more efficient management of segregation cells and use of DOC staff time.
The revised rule also amends provisions relating to the cost to an inmate for a confirmatory urinalysis test, from payment of half the cost of the test to the full cost of the test. In FY 1996 (Fiscal Year 1996), 195 confirmatory tests were taken at a cost of $25 each. Assuming no change in the number or cost of tests taken, this provision would result in savings of approximately $2,500 annually.
The revised rule also creates provisions assessing monetary forfeitures by inmates ranging from $1 to $15 as part of certain disciplinary penalties. The amount of state revenue generated as a result of these provisions cannot currently be estimated.
Contact Information
Julie M. Kane
Telephone (608) 267-9839
Office of Legal Counsel
149 East Wilson Street
P.O. Box 7925
Madison, WI 53707-7925
If you are hearing or visually impaired, do not speak English, or have circumstances which might make communication at the hearing difficult and if you, therefore, require an interpreter or a non-English, large print or taped version of the hearing document, contact the person at the address or phone number above. A person requesting a non-English or sign language interpreter should make that request at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written Comments
Written comments on the proposed rules received at the above address no later than Wednesday, December 22, 1999,will be given the same consideration as testimony presented at the hearing.
Notice of Hearing
Natural Resources
(Fish, Game, etc., Chs. NR 1-)
Notice is hereby given that pursuant to ss. 29.014, 29.089(3), 29.181 and 227.11(2)(a), Stats., interpreting ss. 29.014, 29.089 and 29.181, Stats., the Department of Natural Resources will hold a public hearing on the repeal and recreation of s. NR 10.28(1) and the creation of ss. NR 10.01 (3)(e)3.e. and 10.27(8), Wis. Adm. Code, relating to deer hunting in Council Grounds state park, Lincoln county. The proposed rule will:
1. Create a shotgun season running concurrent with the regular 9-day gun deer season.
