DOC 327.11(7)(7) An inmate who has been removed from a CRC placement pending a hearing and who is found not guilty of the alleged violation shall be returned to the placement as soon as practicable following the determination.

DOC 327.11(8)(8) If an inmate is unable to attend work, school or treatment programs due to a pending hearing or PRC review, CRC staff shall notify the appropriate school official, employer or treatment staff.

DOC 327.12DOC 327.12 Discipline. An inmate in a CRC placement may be disciplined if the department determines, after conducting a hearing under s. DOC 327.13, that the inmate has committed one of the following:

DOC 327.12(1)(1) A violation of a state or federal statute or a local ordinance;

DOC 327.12(2)(2) A violation of the rules of any facility or program in which the inmate is held or to which the inmate is assigned;

DOC 327.12(3)(3) A violation of this chapter;

DOC 327.12(4)(4) A violation of the community residential confinement agreement; or

DOC 327.12(5)(5) A violation of any special conditions imposed on the inmate’s CRC placement.

DOC 327.13DOC 327.13 Disciplinary procedure and penalties. The due process fact finding hearing to determine if the inmate has committed a violation under s. DOC 327.12 shall be conducted in accordance with the procedures under ss. DOC 303.65 to 303.90.

DOC 327.13(1)(1) Any department supervisory staff member may be substituted for the security director or shift supervisor.

DOC 327.13(2)(2) Under s. DOC 303.68, on review by the security office, the person who wrote the conduct report shall send it to the department supervisory staff person designated to review conduct reports in his or her area within 24 hours after writing the conduct report. The staff person who is designated to review the conduct report shall review it under s. DOC 303.68 within 24 hours after receipt.

DOC 327.13(3)(3) Under s. DOC 303.71 (2), in addition to the listed offenses, the violation of any of the following sections is a major offense: s. DOC 303.43 on possession of intoxicants; s. DOC 303.44 on possession of intoxicant paraphernalia; s. DOC 303.52 on leaving assigned area; and s. DOC 303.53 on being in an unassigned area.

DOC 327.13(4)(4) Under s. DOC 303.80 (1) on hearing procedure for major violations, a copy of the approved conduct report shall be given to the inmate within 4 working days after approval under s. DOC 303.68.

DOC 327.13(5)(5) Under s. DOC 303.80 (4), the due process hearing may be held in person, by telephone, video conferencing or other virtual communication means at the discretion of the hearing officer.

DOC 327.13(6)(6) Section DOC 303.83 (1) is modified to read: The superintendent shall designate staff representatives for inmates in disciplinary hearings at the institution. If an inmate or staff representative provides information and evidence to the superintendent that there is a conflict of interest in the case that would impair a staff representative’s ability to perform his or her duties, the superintendent shall evaluate the information and evidence to determine if a different representative should be assigned.

DOC 327.13(7)(7) Under s. DOC 303.84 (4), if an inmate witness must be transported to another institution or facility to testify, the inmate does not have to attend the disciplinary hearing. However, the hearing officer shall attempt to get a signed statement from the witness to be used at the disciplinary hearing or the staff representative shall attempt to interview the witness and report on the testimony to the committee in lieu of a personal appearance by the witness.

DOC 327.13(8)(8) Under ss. DOC 303.77 and 303.79, the superintendent shall designate a hearing officer.

DOC 327.13(9)(9) A penalty listed in s. DOC 303.72 need not be imposed as a result of a finding of guilt.

DOC 327.13(10)(10) Under s. DOC 303.73, disciplinary separation may be served in any state correctional institution, a county jail or other facility designated by the department to hold CRC inmates in disciplinary separation status.

DOC 327.13 HistoryHistory: Cr. Register, September, 1990, No. 417, eff. 10-1-90; CR 11-022: am. (intro.), (2) to (10) Register September 2014 No. 705, eff. 1-1-15.

DOC 327.14(1)(1) In this section, “TLU” means temporary lockup.

DOC 327.14(2)(2) An inmate may be placed in TLU by any CRC staff member or by a law enforcement officer at the request of CRC staff.

DOC 327.14(3)(3) CRC supervisory staff shall review the placement of an inmate in TLU within 3 working days after it takes place. Before this review and the review provided for in sub. (3), the inmate shall be provided with the reason for TLU and with an opportunity to respond, either orally or in writing. Review of the decision shall include consideration of the inmate’s response to TLU. If, upon review, it is determined that TLU is not appropriate, the inmate shall be returned to his or her CRC placement.

DOC 327.14(4)(4) No inmate may remain in TLU more than 21 days, except that the superintendent, with notice to the administrator, may extend this period for up to 21 additional days for cause. After the review under sub. (2), CRC supervisory staff shall review the status of each inmate in TLU every 7 days to determine whether TLU continues to be appropriate. If upon review it is determined that TLU is not appropriate, the inmate shall be returned to his or her CRC placement.

DOC 327.14(5)(5) An inmate may be placed in TLU and kept there only if the decision maker is satisfied that it is more likely than not that one or more of the following is true:

DOC 327.14(5)(a)(a) If the inmate remains in the CRC placement, the inmate will seek to intimidate a witness in a pending investigation, disciplinary action or termination action;