DOC 303.64 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

subch. X of ch. DOC 303 Subchapter X — Disciplinary Procedure and Penalties

DOC 303.65 DOC 303.65 Disciplinary violation dispositions. The institution may deal with a violation of ss. DOC 303.11 to 303.64 in the following ways:

DOC 303.65(1) (1) If a staff member determines that a conduct report is not required, the staff member may counsel and warn the inmate under s. DOC 303.66.

DOC 303.65(2) (2) The staff member may dispose of a minor violation under s. DOC 303.76 or 303.77.

DOC 303.65(3) (3) Employees may refer any violation to the security director by writing a conduct report as provided under s. DOC 303.67 or an incident report if further investigation is necessary. The security director may deal with these reports as follows:

DOC 303.65(3)(a) (a) Dismiss, alter or correct the conduct report as provided under s. DOC 303.68.

DOC 303.65(3)(b) (b) Refer the matter to a supervisor to be disposed of in accordance with s. DOC 303.76 or 303.77 if the violation is a minor one.

DOC 303.65(3)(c) (c) Refer the matter to a hearing officer to be disposed of in accordance with ss. DOC 303.78, 303.80, or 303.81 if the violation is a major one.

DOC 303.65(3)(d) (d) Assign the report for further investigation.

DOC 303.65(4) (4) The security director may refer violations of criminal law to law enforcement authorities. The institution may continue the disciplinary process under this chapter regardless of action taken by law enforcement.

DOC 303.65(5) (5) If the hearing officer finds an inmate guilty, the hearing officer may refer the inmate to classification to review the inmate’s custody level or location.

DOC 303.65 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

DOC 303.66 DOC 303.66 Offenses that do not require a conduct report.

DOC 303.66(1) (1) The department does not require employees to write conduct reports on all observed violations of the disciplinary rules. Under any of the following conditions, employees may inform the inmate that the inmate’s behavior is against the rules, discuss the inmate’s behavior, offer an informal resolution and give a warning if one of the following applies:

DOC 303.66(1)(a) (a) The inmate is unfamiliar with the rule.

DOC 303.66(1)(b) (b) The inmate has not violated the same or a closely related rule within the previous year, regardless of whether or not a conduct report was issued.

DOC 303.66(1)(c) (c) The inmate is unlikely to repeat the offense if warned and counseled.

DOC 303.66(1)(d) (d) Although the inmate’s acts were a technical violation of a rule, the purposes of this chapter would not be served by writing a conduct report in the particular situation.

DOC 303.66(2) (2) The employee shall write a conduct report if an inmate commits a major offense listed under s. DOC 303.71.

DOC 303.66 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

DOC 303.67 DOC 303.67 Conduct report.

DOC 303.67(1) (1) Except as provided under s. DOC 303.66, any employee who observes or becomes aware of a rule violation shall verify that a violation has occurred and shall write a conduct report. If more than one employee knows of the same incident, only one of them shall write a conduct report.

DOC 303.67(2) (2) In the conduct report, the employee shall describe the facts and list the sections of this chapter which were allegedly violated.

DOC 303.67(3) (3) If more than one conduct report is written for an inmate for the same incident, the institution shall only complete the disciplinary process on one conduct report.

DOC 303.67 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

DOC 303.68 DOC 303.68 Review by security office.

DOC 303.68(1) (1) The security director shall review any conduct report not processed under s. DOC 303.76 or 303.77 within 5 working days and may do any of the following:

DOC 303.68(1)(a) (a) Dismiss a conduct report.