DOC 310.07(1)(1) Prior to filing a formal complaint, an inmate shall attempt to resolve the issue by following the designated process specific to the subject of the complaint. The ICE may request inmates to provide evidence of having followed the specified process.
DOC 310.07(2)(2) An inmate shall file a complaint within 14 days after the occurrence giving rise to the complaint. At the discretion of the ICE, a late complaint may be accepted for good cause. An inmate shall request to file a late complaint in the written complaint and explicitly provide the reason for the late filing.
DOC 310.07(3)(3) Each complaint shall meet all of the following requirements:
DOC 310.07(3)(a)(a) Be submitted on a complaint form provided by the department.
DOC 310.07(3)(b)(b) Be legibly handwritten or typed.
DOC 310.07(3)(c)(c) Be filed only under the name by which the inmate was committed to the department or the legal name granted by a court.
DOC 310.07(3)(d)(d) Include the inmate’s original signature.
DOC 310.07(3)(e)(e) Not exceed 500 words total and not exceed two pages.
DOC 310.07(3)(f)(f) Provide relevant supporting documentation, which may be accepted at the discretion of the ICE.
DOC 310.07(4)(4) A complaint will not be processed and a referral for disciplinary action may occur in accordance with ch. DOC 303 if the complaint contains any of the following:
DOC 310.07(4)(a)(a) Obscene, profane, abusive, or threatening language unless such language is necessary to describe the factual basis of the complaint.
DOC 310.07(4)(b)(b) A foreign substance.
DOC 310.07(5)(5) Each complaint may contain only one clearly identified issue.
DOC 310.07(6)(6) A complaint must contain sufficient information for the department to investigate and decide the complaint.
DOC 310.07(7)(7) An inmate may not file more than one complaint per calendar week except that any of the following are not subject to the filing restrictions contained in this paragraph:
DOC 310.07(7)(a)(a) Complaints regarding the inmate’s health and personal safety.
DOC 310.07(7)(b)(b) Complaints made under PREA.
DOC 310.07(8)(8) An inmate shall submit a signed complaint by placing it in a receptacle designated for complaints or by submitting it to the ICE office through institution or USPS mail.
DOC 310.07(9)(9) If an inmate is transferred after an incident but before filing a complaint, the inmate shall file a complaint related to the incident at the currently assigned institution. The ICE shall refer the complaint to the ICE at the appropriate institution for investigation and reviewing authority decision. If the transfer is to a contracted facility, the inmate shall file the complaint with the institution where the issue arose.
DOC 310.07(10)(10) Inmates shall file complaints with the institution where the incident occurred.
DOC 310.07(11)(11) The ICE may waive any requirements under this section for good cause.
DOC 310.07 HistoryHistory: CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18.
DOC 310.08DOC 310.08PREA complaint procedure. An inmate may file a complaint alleging sexual abuse using the procedures under this chapter. The following provisions apply to complaints alleging sexual abuse or sexual harassment:
DOC 310.08(1)(1) Notwithstanding s. DOC 310.07 (2), an inmate may file a complaint regarding sexual abuse or sexual harassment at any time. If a portion of the complaint alleges an issue that does not relate to sexual abuse or sexual harassment, the time limits under s. DOC 310.07 apply.
DOC 310.08(2)(2) Notwithstanding s. DOC 310.07 (1) or (8), an inmate is not required to attempt to resolve the issue with the staff member who is the subject of the complaint or to file a complaint regarding sexual abuse or sexual harassment with the staff member who is the subject of the complaint. The inmate may use an alternative method of filing, including submission of the complaint directly to the warden.
DOC 310.08(3)(3) Complaints filed under this section will be referred for a PREA investigation. Department policy shall address the requirements that investigations regarding allegations of sexual abuse or sexual harassment be completed within established time frames.
DOC 310.08(4)(4) Third parties, including fellow inmates, staff members, family members, attorneys, and outside advocates, shall be permitted to assist an inmate in filing a request for administrative remedies relating to allegations of sexual abuse or sexual harassment and shall also be permitted to file such requests on behalf of inmates. Requests for administrative remedies filed under this section will be referred for a PREA investigation.
DOC 310.08(5)(5) Emergency grievance procedures for complaints alleging a substantial risk of imminent sexual abuse or sexual harassment will be handled in the following manner:
DOC 310.08(5)(a)(a) The inmate may contact any staff member who is not the subject of the allegation for immediate corrective action.