Wisconsin Legislature: DOC 373.68(10)(b)

(3) The superintendent may overrule a determination that a violation has occurred. [The decision by the superintendent to overrule or not overrule is not reviewable by a hearing officer.]

Note: The bracketed material was inadvertently left in by rule CR 24-040 and will be removed in future rulemaking.

History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. (1) (intro.), r. (4) Register June 2025 No. 834, eff. 7-1-25.

DOC 373.68 Summary disciplinary dispositions.

(1) A youth may be disciplined summarily for a conduct rule violation in accordance with this chapter. When a youth is disciplined summarily under this section, staff shall make an appropriate record.

(2) When staff who have the responsibility for supervising a youth believe that a penalty listed in sub. (3) is appropriate, staff shall do all of the following:

(a) Inform the youth of the nature of the alleged infraction and the potential disposition.

(b) Obtain the youth’s version of the underlying facts.

(c) Make a finding as to whether the youth violated a conduct rule, communicate this finding to the youth and impose discipline consisting of one or more of the disciplinary actions under sub. (3).

(3) Discipline imposed by staff under this section shall be limited to one or more of the following disciplinary actions:

(a) An oral or written reprimand.

(d) Loss of a specific privilege for up to one week or loss of participation in a special event.

(e) A disposition, which may include:

1. Counseling and a warning.

2. Extra duty related to the misconduct.

3. Apology for the misconduct.

4. Monetary restitution.

5. A period of positive behavior.

(4) A supervisor shall review the findings of fact and discipline within one day, excluding weekends and holidays, of imposition of the discipline. The supervisor may affirm, modify or reverse the findings of staff or reduce the discipline. The supervisor may make any adjustment, consistent with this chapter, in the discipline imposed or in the imposition of future consequences, but may not increase the level of discipline imposed by staff unless the requirements of sub. (10) are met.

(5) A youth has no right to be present at the supervisor’s review.

(6) Imposition of discipline is not suspended while the matter is under review. A youth shall be credited for any confinement served during the review.

(7) A youth may appeal the decision of the supervisor to the superintendent consistent with s. DOC 373.81.

(8) The record of a conduct rule violation which is dealt with by a summary disposition shall be approved by the supervisor before being entered in a youth’s official records.

(9) Within a reasonable time following disposition, staff shall counsel the youth about the incident that occurred.

(10) More restrictive forms of discipline than those authorized in sub. (3), for a conduct rule violation may be imposed by a supervisor under this subsection as follows:

(a) Discipline imposed under this subsection is limited to the discipline authorized in sub. (3), modified as follows:

2. Loss of a specific privilege for not more than 2 weeks or the loss of 2 occurrences of a special event.

3. Loss of an off grounds activity for no longer than 30 days.

(b) Before a youth is disciplined under this subsection, the supervisor shall do all of the following:

1. Obtain a statement of facts with a recommendation from staff.

2. Inform the youth of the nature of the alleged infraction and the range of discipline.

3. Request that the youth relate the facts concerning the matter at issue.

(e) Within a reasonable time following a disposition under this subsection, staff shall talk to the youth and offer counseling about the incident that occurred.

(f) A youth may appeal the supervisor’s decision under this section consistent with s. DOC 373.81.

(11) Any contraband related to the incident shall be disposed of in accordance with s. DOC 376.17.

(12) If a youth commits a conduct rule violation during the course of a visit, the visiting privileges may be suspended as a disposition, under s. DOC 379.07 (9) (b).

(13) If a conduct rule violation occurred as a result of misuse of the mail, the mail privileges may be suspended as a disposition, under s. DOC 379.04 (6).

(14) If a conduct rule violation occurred as a result of misuse of federal or state property, the federal or state property privileges may be suspended as a disposition under ch. DOC 379.

History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. (1), r. (3) (b), am. (4), (10) (intro.), r. (10) (a) 1., am. (10) (c), r. (10) (d), renum. (12), (13) from DOC 373.11 (7), (8) and am., cr. (14) Register June 2025 No. 834, eff. 7-1-25.

DOC 373.79 Recordkeeping.

(1) A record of a conduct rule violation may be included in a youth’s permanent record only if the youth was found guilty by summary disciplinary procedure, as provided in s. DOC 373.68.

(2) Following an appeal in which the finding of guilty is reversed, all records of the conduct rule violation shall be removed from the youth’s records.

(3) No record of an alleged violation of the conduct rules which has been dismissed may be maintained in any official record or considered in making program or release decisions. Information concerning the alleged violation may be retained for statistical or administrative purposes only, but without personal identifiers.

History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. (1), (3) Register June 2025 No. 834, eff. 7-1-25.

DOC 373.81 Discipline: review by superintendent.

(1) A youth who has received summary discipline may appeal the decision to the superintendent within 7 days of the day the youth was notified of the decision. A youth who has difficulty preparing a written appeal shall be assisted by staff when requested to do so by the youth.

(2) The superintendent shall issue a final decision on the appeal within 7 days of receipt of the appeal. Failure to issue a final decision upholds the decision to discipline.

(3) The superintendent may do any of the following:

(a) Affirm both the finding of guilt and the discipline imposed.

(b) Affirm the finding of guilt, but reduce the discipline.

(4) Whether or not there is an appeal, the superintendent shall review all findings of guilt and the discipline imposed within 2 days, excluding weekends and holidays, of the time that the decision is imposed and may review the findings and discipline at any time thereafter. In either case, the superintendent may reverse the finding of guilt or reduce the discipline.

History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. (1), r. (3) (d), am. (4), r. (5) Register June 2025 No. 834, eff. 7-1-25.

DOC 373.83 Referral for prosecution.

(1) The superintendent of each facility shall develop, in conjunction with local law enforcement authorities, a policy regarding conduct rule violations to be considered for referral for prosecution.

(2) When a conduct rule violation which is also a crime is alleged, the superintendent shall review the incident in light of the policy to determine if the case should be referred for prosecution and if necessary, shall order an investigation to determine if sufficient evidence exists for referral.

(3) Whether or not the review described in sub. (2) results in prosecution, the incident may be handled as a conduct rule violation.

History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. (1) Register June 2025 No. 834, eff. 7-1-25.

DOC 373.84 Harmless error. If a procedural requirement under this chapter is not adhered to by staff, the error may be deemed harmless and disregarded if it does not prejudice a fair proceeding involving a youth.

History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.