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History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.
DOC 303.03 Lesser included offenses.
(1) If an offense is a lesser included offense of another and the reporting employee charges an inmate with the greater offense, the inmate is also charged with the lesser included offense.
(2) The hearing officer may find an inmate guilty of a lesser included offense even if the reporting employee did not expressly charge the inmate with the lesser included offense.
(3) The hearing officer may not find an inmate guilty of 2 offenses or punish the inmate for 2 offenses based on a single incident if one offense is a lesser included offense of the other.
(4) The hearing officer may not find an offense a lesser included offense of another unless it is so listed in the following table:
- See PDF for table PDF
(5) All offenses which are lesser included offenses of a substantive offense are listed in Table DOC 303.03.
(6) Aiding and abetting, attempt, and conspiracy are lesser included offenses of any offense.
History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.
DOC 303.04 Conspiracy.
(1) If 2 or more inmates or others plan or agree to commit one or more acts which are prohibited under this chapter, all inmates may be guilty of an offense.
(2) An inmate who plans or agrees with individuals to commit one or more acts which are forbidden under this chapter is guilty of an offense.
(3) The penalty for conspiracy may be the same as the penalty for the most serious of the planned offenses. See Table DOC 303.72.
(4) The number used for conspiracy, in recordkeeping and conduct reports, shall be the number of the offense plus the suffix C.
History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.
DOC 303.05 Attempt.
(1) An inmate is guilty of attempt to violate a rule if either of the following is true:
(a) The inmate planned to commit one or more acts which would have been a rule violation if actually committed.
(b) The inmate committed one or more acts which showed a plan to violate the rule when the act or acts occurred.
(2) The number used for attempt, in recordkeeping and conduct reports, shall be the offense’s number plus the suffix A.
(3) The penalty for an attempt may be the same as for the completed offense. See Table DOC 303.72.
History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.
DOC 303.06 Aiding and abetting.
(1) An inmate who does any of the following is guilty of aiding and abetting a rule violation:
(a) Directs, requests, or hires another to commit a rule violation.
(b) Assists another in planning or preparing for a rule violation.
(c) Assists another during commission of an offense, whether or not the assistance was planned in advance.
(d) Assists another to prevent discovery of a violation or the identity of the person who committed it.
(e) Has knowledge of a major violation under this chapter that may also violate a criminal law and fails to report the information to an employee.
(2) The reporting employee may charge and the disciplinary committee may find an inmate guilty of aiding and abetting even if no one is charged or found guilty of committing the offense. The principal should, if possible, be identified when the inmate is charged.
(3) The disciplinary committee may impose the same penalty for aiding and abetting as for the substantive offense. See Table DOC 303.72.
(4) The penalty for aiding and abetting shall be based on an appropriate assessment of the facts and the individual’s involvement and need not be the same for all participants.
(5) The number used for aiding and abetting, in recordkeeping and conduct reports, shall be the offense’s number plus the suffix B.
History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.
DOC 303.07 Department policy.
(1) Institutions may make specific procedures for the operation of the institution in accordance with department policy. Inmates may be disciplined for violations of department policy, including institution regulations or procedures.
(2) Each institution shall maintain at least one official method for notifying inmates about notices of general applicability.
History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.
DOC 303.08 Notice of disciplinary rules.
(1) The department shall provide inmates with a copy of this chapter when they enter the prison system.
(2) The department shall provide notice of any published changes to this chapter.
History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.
DOC 303.09 Seizure and disposition of contraband.
(1) Seizure. Any employee who believes that an item is contraband may seize the item. The institution shall return property which is not contraband to the owner or dispose of the property in accordance with s. DOC 309.20 (4) and department policy.
(2) Disposition. The hearing officer or security director shall dispose of items in accordance with s. DOC 309.20 (4) and department policy. If an inmate files a complaint under ch. DOC 310 regarding the seizure or disposition of property, the institution shall retain the property until the final decision on the complaint is made in the inmate complaint review system. Contraband funds shall be deposited in the state general fund.
(3) Inmate reporting. Inmates shall immediately report to staff any property item that becomes damaged.
History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.
DOC 303.10 Temporary lock up: use.
(1) A security supervisor, security director, correctional center superintendent or warden may place an inmate in TLU.
(2) If the security supervisor places an inmate in TLU, the security director or correctional center superintendent shall review this action within 2 working days. Before this review and the review provided for in sub. (3), the institution shall provide the inmate with the reason for confinement and with an opportunity to respond, either orally or in writing. If upon review, the security director or the correctional center superintendent determines that TLU is not appropriate, the institution shall release the inmate from TLU as soon as practicable.
(3) The institution may not allow any inmate to remain in TLU more than 21 days, except that the warden may extend this period for up to 21 additional days. The administrator may extend an inmate’s time in TLU for a second time. The security director or correctional center superintendent shall review the status of each inmate in TLU every 7 days to determine whether TLU continues to be appropriate.
(4) The institution may place or retain an inmate in TLU for one or more of the following reasons:
(a) The inmate’s presence in general population may impede a pending investigation or disciplinary action.
(b) The inmate’s presence in general population may be disruptive to the operation of the institution.
(c) The inmate’s presence in general population may create a danger to the physical safety of the inmate or another.
(d) The inmate’s presence in general population may create a risk that the inmate shall try to escape from the institution.
(e) If the inmate completes disciplinary separation or administrative confinement and is awaiting placement at the appropriate security level or status.
(5) Institution staff shall document the reasons for TLU placement and shall notify the inmate of the reasons.
(6) The institution shall continue to compensate an inmate who had been earning institution compensation at the rate earned in the inmate’s previous status, except that the institution shall compensate an inmate employed by prison industries in accordance with ch. DOC 313.
(7) If 1983 Act 528 does not apply to the inmate, the inmate shall continue to earn extra good time credit. If an inmate was eligible for positive adjustment time under s. 302.113, 2009 Stats., or under s. 304.06, 2009 Stats., the inmate may earn positive adjustment time while in TLU status between October 1, 2009 and August 3, 2011.
(8) TLU time shall not be considered time served for disciplinary penalty purposes.
History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.
Subchapter II — Offenses Against Bodily Security
DOC 303.11 Assault. An inmate who does any of the following is guilty of assault:
(1) Causes bodily harm to another.
(2) Engages in a physical altercation with another person.
History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.
DOC 303.12 Aggravated assault. An inmate who does any of the following is guilty of aggravated assault:
(1) Causes substantial bodily harm or great bodily harm to another.
(2) Impedes the normal breathing or circulation of blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person.
(3) Spits, throws, or uses body fluids or waste or any substance on another.
(4) Causes the death of another.
(5) Uses any item as a weapon to cause bodily harm to another.
History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.
DOC 303.13 Assault on employee. An inmate who does any of the following is guilty of assault on an employee:
(1) Causes bodily injury or harm to an employee.
(2) Impedes the normal breathing or circulation of blood by applying pressure on the throat or neck or by blocking the nose or mouth of an employee.
(3) Spits, throws, or uses bodily fluids or waste or any substance on an employee.
(4) Causes the death of an employee.
(5) Uses any item as a weapon to cause bodily harm to an employee.
History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.
DOC 303.14 Sexual conduct.
(1) An inmate who does any of the following is guilty of sexual conduct:
(a) Requests, hires or tells another person to have sexual intercourse, sexual contact, or engage in sexual conduct.
(b) Exposes the inmate’s own intimate parts to another person for the purpose of sexual arousal or gratification.
(c) Has contact with or performs acts with an animal that would be sexual intercourse or sexual contact if with another person.
(d) Clutches, fondles, or touches the inmate’s own intimate parts, whether clothed or unclothed, while observable by another.
(e) Simulates a sexual act while observable by another.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.