DOC 303.10 DOC 303.10Temporary lock up: use.
DOC 303.10(1) (1) A security supervisor, security director, correctional center superintendent or warden may place an inmate in TLU.
DOC 303.10(2) (2) If the security supervisor places an inmate in TLU, the security director or correctional center superintendent shall review this action within 2 working days. Before this review and the review provided for in sub. (3), the institution shall provide the inmate with the reason for confinement and with an opportunity to respond, either orally or in writing. If upon review, the security director or the correctional center superintendent determines that TLU is not appropriate, the institution shall release the inmate from TLU as soon as practicable.
DOC 303.10(3) (3) The institution may not allow any inmate to remain in TLU more than 21 days, except that the warden may extend this period for up to 21 additional days. The administrator may extend an inmate's time in TLU for a second time. The security director or correctional center superintendent shall review the status of each inmate in TLU every 7 days to determine whether TLU continues to be appropriate.
DOC 303.10(4) (4) The institution may place or retain an inmate in TLU for one or more of the following reasons:
DOC 303.10(4)(a) (a) The inmate's presence in general population may impede a pending investigation or disciplinary action.
DOC 303.10(4)(b) (b) The inmate's presence in general population may be disruptive to the operation of the institution.
DOC 303.10(4)(c) (c) The inmate's presence in general population may create a danger to the physical safety of the inmate or another.
DOC 303.10(4)(d) (d) The inmate's presence in general population may create a risk that the inmate shall try to escape from the institution.
DOC 303.10(4)(e) (e) If the inmate completes disciplinary separation or administrative confinement and is awaiting placement at the appropriate security level or status.
DOC 303.10(5) (5) Institution staff shall document the reasons for TLU placement and shall notify the inmate of the reasons.
DOC 303.10(6) (6) The institution shall continue to compensate an inmate who had been earning institution compensation at the rate earned in the inmate's previous status, except that the institution shall compensate an inmate employed by prison industries in accordance with ch. DOC 313.
DOC 303.10(7) (7) If 1983 Act 528 does not apply to the inmate, the inmate shall continue to earn extra good time credit. If an inmate was eligible for positive adjustment time under s. 302.113, 2009 Stats., or under s. 304.06, 2009 Stats., the inmate may earn positive adjustment time while in TLU status between October 1, 2009 and August 3, 2011.
DOC 303.10(8) (8) TLU time shall not be considered time served for disciplinary penalty purposes.
DOC 303.10 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.
subch. II of ch. DOC 303 Subchapter II — Offenses Against Bodily Security
DOC 303.11 DOC 303.11Assault. An inmate who does any of the following is guilty of assault:
DOC 303.11(1) (1) Causes bodily harm to another.
DOC 303.11(2) (2) Engages in a physical altercation with another person.
DOC 303.11 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.
DOC 303.12 DOC 303.12Aggravated assault. An inmate who does any of the following is guilty of aggravated assault:
DOC 303.12(1) (1) Causes substantial bodily harm or great bodily harm to another.
DOC 303.12(2) (2) Impedes the normal breathing or circulation of blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person.
DOC 303.12(3) (3) Spits, throws, or uses body fluids or waste or any substance on another.
DOC 303.12(4) (4) Causes the death of another.
DOC 303.12(5) (5) Uses any item as a weapon to cause bodily harm to another.
DOC 303.12 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.
DOC 303.13 DOC 303.13Assault on employee. An inmate who does any of the following is guilty of assault on an employee:
DOC 303.13(1) (1) Causes bodily injury or harm to an employee.
DOC 303.13(2) (2) Impedes the normal breathing or circulation of blood by applying pressure on the throat or neck or by blocking the nose or mouth of an employee.
DOC 303.13(3) (3) Spits, throws, or uses bodily fluids or waste or any substance on an employee.
DOC 303.13(4) (4) Causes the death of an employee.
DOC 303.13(5) (5) Uses any item as a weapon to cause bodily harm to an employee.
DOC 303.13 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.
DOC 303.14 DOC 303.14Sexual conduct.
DOC 303.14(1) (1) An inmate who does any of the following is guilty of sexual conduct:
DOC 303.14(1)(a) (a) Requests, hires or tells another person to have sexual intercourse, sexual contact, or engage in sexual conduct.
DOC 303.14(1)(b) (b) Exposes the inmate's own intimate parts to another person for the purpose of sexual arousal or gratification.
DOC 303.14(1)(c) (c) Has contact with or performs acts with an animal that would be sexual intercourse or sexual contact if with another person.
DOC 303.14(1)(d) (d) Clutches, fondles, or touches the inmate's own intimate parts, whether clothed or unclothed, while observable by another.
DOC 303.14(1)(e) (e) Simulates a sexual act while observable by another.
DOC 303.14(1)(f) (f) Kissing, hand holding, hugging, stroking or other physical displays of affection except for that allowed under department policy.
DOC 303.14(1)(g) (g) Engages in sexual harassment including repeated and unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or offensive sexual nature.
DOC 303.14(2) (2) Consensual acts are prohibited under this section.
DOC 303.14 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.
DOC 303.15 DOC 303.15Sexual contact or intercourse.
DOC 303.15(1)(1) An inmate who does any of the following is guilty of sexual contact or intercourse:
DOC 303.15(1)(a) (a) Has sexual intercourse.
DOC 303.15(1)(b) (b) Has sexual contact.
DOC 303.15(1)(c) (c) Commits an act of sexual gratification with another person.
DOC 303.15(2) (2) Consensual acts are prohibited under this section.
DOC 303.15 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.
DOC 303.16 DOC 303.16Sexual assault.
DOC 303.16(1) (1) An inmate who does any of the following with another person with force or the threat of force is guilty of sexual assault:
DOC 303.16(1)(a) (a) Has sexual intercourse.
DOC 303.16(1)(b) (b) Has sexual contact.
DOC 303.16(1)(c) (c) Commits an act of sexual gratification.
DOC 303.16(2) (2) Consensual acts are prohibited under this section.
DOC 303.16 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.
DOC 303.17 DOC 303.17Sexual assault-aggravated.
DOC 303.17(1) (1) An inmate who does any of the following is guilty of sexual assault-aggravated:
DOC 303.17(1)(a) (a) Causes physical injury as a result of a sexual assault.
DOC 303.17(1)(b) (b) Uses a weapon in the commission of a sexual assault.
DOC 303.17(1)(c) (c) Has sexual contact or sexual intercourse with a person who has not attained the age of 16 years.
DOC 303.17(2) (2) Consensual acts are prohibited under this section.
DOC 303.17 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.
DOC 303.18 DOC 303.18Threats. An inmate who communicates intent to do any of the following to a person is guilty of threats:
DOC 303.18(1) (1) Physically harm, harass or intimidate that person or another.
DOC 303.18(2) (2) Cause damage to or loss of that person's or another person's property.
DOC 303.18(3) (3) Make an accusation he or she knows is false.
DOC 303.18 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.
DOC 303.19 DOC 303.19Stalking. An inmate who engages in, causes, or requests a person to engage in any of the acts described in subs. (1) to (12) is guilty of stalking :
DOC 303.19(1) (1) Maintaining a visual or physical proximity to the targeted person.
DOC 303.19(2) (2) Approaching or confronting the targeted person.
DOC 303.19(3) (3) Appearing at the targeted person's residence, place of employment, or places the targeted person frequents.
DOC 303.19(4) (4) Contacting the targeted person or the targeted person's neighbors, friends, co-workers, household members, or family members.
DOC 303.19(5) (5) Causing the targeted person's telephone to ring repeatedly or continuously, regardless of whether a conversation ensues.
DOC 303.19(6) (6) Photographing, videotaping, audio taping, or, through any other means, monitoring, recording, or logging the activities of the targeted person, regardless of where the act occurs and regardless of the means by which the monitoring, recording, or logging is conducted.
DOC 303.19(7) (7) Sending material by any means to the targeted person.
DOC 303.19(8) (8) Making information available about the targeted person by any means, whether true or false, to any person or in a manner in which the information would become available to any person.
DOC 303.19(9) (9) Touching or placing an object on or delivering an object to property owned, leased, or occupied by the targeted person.
DOC 303.19(10) (10) Seeking out in any way or possessing documents with personal identifying information pertaining to the targeted person.
DOC 303.19(11) (11) Possessing a photograph of, or media article pertaining to, a targeted person whom the inmate has previously been found guilty of stalking. This section shall not apply to an inmate who possesses a photograph of, or media article pertaining to, the inmate's child, so long as the possession is not otherwise prohibited.
DOC 303.19(12) (12) Falsely representing himself or herself as the current or former spouse, boyfriend, girlfriend, close family member, relative, or household member of the targeted person.
DOC 303.19 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.
subch. III of ch. DOC 303 Subchapter III — Offenses Against Institutional Security
DOC 303.20 DOC 303.20Endangering safety. An inmate who endangers the health or safety of employees, inmates, others, or property by any means is guilty of endangering safety.
DOC 303.20 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.
DOC 303.21 DOC 303.21Inciting a disturbance. An inmate who encourages, directs, commands, coerces or signals one or more other persons to participate in a disturbance is guilty of inciting a disturbance.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.