DOC 303.82(4)(4) The warden’s decision is final regarding the sufficiency of the evidence. An inmate may appeal claims of procedural errors as provided under s. DOC 310.06 (2).

DOC 303.82 HistoryHistory: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15; correction in numbering in (4) made under s. 13.92 (4) (b) 1., Stats., Register September 2014 No. 705; CR 16-054: am. (4), Register March 2018 No. 747 eff. 4-1-18.

DOC 303.83(1)(1) At each institution, the warden shall designate staff representatives for inmates in disciplinary hearings at the institution.

DOC 303.83(2)(2) If an inmate or staff representative provides information and evidence to the warden 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 warden shall evaluate the information and evidence to determine if a different representative should be assigned.

DOC 303.83(3)(3) The role of the staff representative is to help the accused inmate understand the charges against the inmate and to provide direction and guidance regarding the disciplinary process. The staff representative may use discretion in the performance of this role, including gathering relevant evidence and testimony and preparing the inmate’s own statement. The staff representative may speak on behalf of the accused inmate at a disciplinary hearing or may help the inmate prepare to speak.

DOC 303.83 HistoryHistory: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15; correction in (title) made under s. 13.92 (4) (b) 2., Stats., Register September 2014 No. 705.

DOC 303.84(1)(1) The accused inmate may make a request to the security director for no more than two identified witnesses in addition to the reporting employee and shall explain the relevance of the witness testimony. The inmate shall make this request within two days of the service of notice of major disciplinary hearing rights. The security director may waive the two day time limit for good cause.

DOC 303.84(2)(2) After all witness requests have been received, the security director shall review them to determine whether the witnesses possess relevant information and shall be called.

DOC 303.84(3)(3) Written witness statements shall only be accepted if approved by the hearing officer. The hearing officer may consider a legibly printed written statement limited to 500 words on no more than two sheets of paper, a transcript of an oral statement, or a recorded statement.

DOC 303.84(4)(4) Witnesses requested by the accused who are staff or inmates shall attend the disciplinary hearing unless one of the following exists:

DOC 303.84(4)(b)(b) The witness is unavailable. Unavailability means death, transfer, release, hospitalization, or escape in the case of an inmate; unavailability means death, illness, vacation, no longer being employed at that location, or being on a different shift in the case of an employee.

DOC 303.84(5)(5) If the security director finds that testifying would pose a risk of harm to the witness, the hearing officer may consider a confidential statement signed under oath from that witness without revealing the witness’s identity or a signed statement from an employee getting the statement from that witness. The hearing officer shall reveal the contents of the statement to the accused inmate, except the hearing officer may edit or summarize the statement to avoid revealing the identity of the witness. The hearing officer may question a confidential witness if the witness is available.

DOC 303.84(6)(6) The hearing officer may consider written statements that can be corroborated in one of the following ways:

DOC 303.84(6)(a)(a) By other evidence which substantially corroborates the facts alleged in the statement, including an eyewitness account by an employee or circumstantial evidence.

DOC 303.84(7)(7) If it is not possible to get a signed statement in accordance with subs. (3) and (5), the hearing officer may consider other evidence of what the witness would say if present.

DOC 303.84(8)(8) After determining which witnesses shall be called for the accused inmate, staff shall notify the inmate of the decision in writing.

DOC 303.84(9)(9) Witnesses other than inmates or employees may not attend hearings but the staff representative with the hearing officer’s permission may contact them. The hearing officer may designate a staff member to interview the witnesses and report to the hearing officer.

DOC 303.84(10)(10) The hearing officer may call additional witnesses as deemed necessary.

DOC 303.84(11)(11) After a decision has been reached by the hearing officer, and if a finding of guilt results, the hearing officer shall forward restricted or confidential information to the security director for retention in a restricted file.

DOC 303.85(1)(1) In deciding the disposition for a violation or group of violations, the supervisor making uncontested dispositions or the hearing officer may consider any of the following: