DOC 310.10DOC 310.10Processing complaints.
DOC 310.10(1)(1) The ICE shall collect and date stamp all complaints with the date collected.
DOC 310.10(2)(2) The ICE shall accept the complaint, return the complaint in accordance with sub. (5), or reject the complaint in accordance with sub. (6).
DOC 310.10(3)(3) The ICE shall assign a file number and classification code to an accepted or rejected complaint.
DOC 310.10(4)(4) The ICE shall give written notice to the inmate within 10 days of collection that the complaint has been received.
DOC 310.10(5)(5) The ICE may return a complaint within 10 days if it does not meet the criteria under s. DOC 310.07 (1), (3), (4), and (5) to permit the inmate to resubmit the complaint after correcting issues noted by the ICE. Inmates shall be given one opportunity to correct and resubmit a returned complaint. The ICE shall grant 10 days for receipt of the corrected complaint.
DOC 310.10(6)(6) The ICE may reject a complaint for the following reasons:
DOC 310.10(6)(a)(a) The inmate submitted the complaint solely for the purpose of harassing or causing a person to suffer emotional distress or to fear bodily injury.
DOC 310.10(6)(b)(b) The inmate does not raise an issue regarding policies, rules, living conditions, or employee actions that personally affect the inmate or institution environment.
DOC 310.10(6)(c)(c) The issue lacks merit or is otherwise frivolous.
DOC 310.10(6)(d)(d) The inmate does not provide sufficient information to support a complaint.
DOC 310.10(6)(e)(e) The inmate submitted the complaint beyond 14 days after the date of the occurrence giving rise to the complaint and provides no good cause for the ICE to extend the time limits.
DOC 310.10(6)(f)(f) The issue is moot.
DOC 310.10(6)(g)(g) The issue has already been addressed through the inmate’s prior use of the ICRS.
DOC 310.10(6)(h)(h) The complaint contains obscene, profane, abusive, or threatening language unless such language is necessary to describe the factual basis of the substance of the complaint.
DOC 310.10(6)(i)(i) The complaint contains a foreign substance, in which case all of the following apply:
DOC 310.10(6)(i)1.1. Complaints that contain a foreign substance will not be included in the complaint record and will be disposed of in accordance with institution procedure.
DOC 310.10(6)(i)2.2. Inmates who submit a complaint containing a foreign substance may be subject to disciplinary action in accordance with ch. DOC 303.
DOC 310.10(7)(7) The ICE shall have full access to the institution, inmates, employees, and department records to investigate the complaint.
DOC 310.10(8)(8) The ICE shall give priority to complaints dealing with health or personal safety.
DOC 310.10(9)(9) The ICE shall either reject the complaint or send a recommendation to the appropriate reviewing authority within 30 days from the date of receipt.
DOC 310.10(10)(10) An inmate may appeal a rejected complaint within 10 days to the appropriate reviewing authority who shall only review the basis for the rejection of the complaint. The reviewing authority’s decision is final.
DOC 310.10(11)(11) The complaint record shall include the names of persons interviewed and evidence that is relevant, material, and not repetitious.
DOC 310.10(12)(12) The ICE may recommend to the reviewing authority that the complaint be affirmed or dismissed in whole or in part.
DOC 310.10 HistoryHistory: CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18.
DOC 310.11DOC 310.11Reviewing authority decision.
DOC 310.11(1)(1) The reviewing authority shall make a decision within 15 days following receipt of the recommendation under s. DOC 310.10 (12) or appeal of a rejected complaint.
DOC 310.11(2)(2) The reviewing authority shall affirm or dismiss the complaint in whole or in part or return the complaint to the ICE for further investigation.
DOC 310.11(3)(3) If the inmate does not receive a decision within 45 days after the date of acknowledgement under s. DOC 310.10 (4), the inmate may appeal to the CCE.