Effect on Small Business
Not applicable.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
DOC Rule 303 is the Administrative Rule relating to inmate conduct, inmate discipline, and procedures for the imposition of discipline. This rule has not been updated since December 2000.
This revision repeals, amends, and creates several definitions related to offenses for which inmates may be disciplined to increase consistency in application of the rule and to more clearly identify inmate misconduct. Additional offenses for which inmates may be disciplined are created to reflect changes in practice and technologies. The use of program segregation and adjustment segregation as penalties is eliminated, as the loss of good time associated with these penalties has had an insufficient deterrent effect. The revised rule eliminates due process hearings for minor offenses and allows inmates to voluntarily waive the right to due process hearings for major offenses, consistent with due process requirements established by the courts. Finally, the rule requires consideration of an inmate's serious mental illness during due process hearings and the disposition stage.
In FY10, the Division of Adult Institutions incurred $27,663,400 in overtime costs. While the Department can not identify the exact amount of Salary & Fringe cost avoided through passage of this rule, in each case, the proposed rule may result in more effective allocation of DOC staff time.
In calendar year 2010, 34 lawsuits occurred 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 definitions related to disciplinary actions may result in fewer lawsuits, lawsuits resolving more quickly, or due process hearing outcomes which are more defensible in a court of law.
State fiscal effect
Decrease costs.
Fund sources affected
GPR.
Affected Chapter
20 Appropriations
20.410 (1) (a).
Local fiscal effect
No local government costs.
Agency Contact Person
Kathryn R. Anderson, Chief Legal Counsel, Department of Corrections 3099 East Washington Avenue, P.O. Box 7925, Madison, WI 53707-7925; (608) 240-5049; FAX (608) 240-3306;
Kathryn.Anderson@Wisconsin.gov.
Text of Rule
SECTION 1. DOC 303 is repealed and recreated to read:
Subchapter I — General Provisions
DOC 303.01 Applicability and purposes.
DOC 303.02 Definitions.
DOC 303.03 Lesser included offenses.
DOC 303.04 Conspiracy.
DOC 303.05 Attempt.
DOC 303.06 Aiding and abetting.
DOC 303.07 Institutional regulations and procedures.
DOC 303.08 Notice of disciplinary rules.
DOC 303.09 Seizure and disposition of contraband.
DOC 303.10 Temporary lockup: use.
Subchapter II — Offenses Against Bodily Security
DOC 303.11 Assault.
DOC 303.12 Aggravated assault.
DOC 303.13 Assault on staff.
DOC 303.14 Sexual conduct.
DOC 303.15 Sexual contact or intercourse.
DOC 303.16 Sexual assault.
DOC 303.17 Sexual assault-aggravated.
DOC 303.18 Threats.
DOC 303.19 Stalking.
Subchapter III — Offenses Against Institutional Security
DOC 303.20 Endangering safety.
DOC 303.21 Inciting a disturbance.
DOC 303.22 Participating in a disturbance.
DOC 303.23 Taking a hostage.
DOC 303.24 Group resistance and petitions.
DOC 303.25 Cruelty to animals.
DOC 303.26 Escape
DOC 303.27 Disguising identity.
Subchapter IV — Offenses Against Order
DOC 303.28 Disobeying orders.
DOC 303.29 Disrespect.
DOC 303.30 Soliciting staff.
DOC 303.31 Lying.
DOC 303.32 Lying about staff.
DOC 303.33 Disruptive conduct.
DOC 303.34 Unauthorized forms of communication.
DOC 303.35 False names and titles.
DOC 303.36 Enterprises and fraud.
Subchapter V — Offenses Against Property
DOC 303.37 Theft.
DOC 303.38 Damage or alteration of property.
DOC 303.39 Misuse of state or federal property.
DOC 303.40 Unauthorized transfer of property.
DOC 303.41 Counterfeiting and forgery.
Subchapter VI — Contraband Offenses
DOC 303.42 Possession or use of money or negotiable instruments.
DOC 303.43 Possession of intoxicants.
DOC 303.44 Possession of drug paraphernalia.
DOC 303.45 Possession, manufacture or use of weapons.
DOC 303.46 Possession of tobacco.
DOC 303.47 Possession of contraband—miscellaneous.
DOC 303.48 Possession of electronic communication or data storage devices.
DOC 303.49 Unauthorized use of the mail.
Subchapter VII — Movement Offenses
DOC 303.50 Punctuality and attendance.
DOC 303.51 Loitering.
DOC 303.52 Leaving assigned area.
DOC 303.53 Being in an unassigned area.
DOC 303.54 Entry into another inmate's assigned living area.
Subchapter VIII — Offenses Against Safety And Health
DOC 303.55 Improper storage.
DOC 303.56 Dirty assigned living area.
DOC 303.57 Poor personal hygiene.
DOC 303.58 Misuse of medication.
DOC 303.59 Disfigurement.
Subchapter IX — Miscellaneous Offenses
