Wisconsin Legislature: DOC 303.70(5)(a)

DOC 303.68 Review by security office.

(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:

(a) Dismiss a conduct report.

(b) Strike any section number if the statement of facts could not support a finding of guilty of violating that section.

(c) Add any section number if the statement of facts could support a finding of guilty of violating that section and the addition is appropriate.

(d) Refer a conduct report for further investigation.

(e) Determine whether the conduct report should be processed as a major or minor offense. In deciding whether an alleged violation should be treated as a major or minor offense, the security director shall consider the following criteria and shall indicate in the record of disciplinary action the reason for the decision based on these criteria:

1. Whether the inmate has previously been found guilty of the same or a similar offense, how often, and how recently.

2. Whether the inmate has recently been warned about the same or similar conduct.

3. Whether the alleged violation created a risk of serious disruption at the institution or in the community.

4. Whether the alleged violation created a risk of serious injury.

5. The value of the property involved.

6. Whether the alleged violation created a risk of serious financial impact.

7. Psychological services input for seriously mentally ill inmates.

(2) The security office shall treat any alleged violation of a rule which may result in a suspension of visiting or mail privileges under ch. DOC 309, work or study release under ch. DOC 324, or leave under ch. DOC 325 or 326, as a major offense.

(3) The security office shall treat any conduct report containing at least one charge of a major offense as a major offense, even if it also includes minor offenses.

(4) The security director shall only process one conduct report for an inmate for the same incident.

(5) The security director’s decision under sub. (1) is final.

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

DOC 303.69 Minor offenses. A minor offense is any violation of a disciplinary rule which is not a major offense under s. DOC 303.71 or which the security director has not classified as a major offense.

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

DOC 303.70 Minor penalties. Minor dispositions are limited to one or more of the following penalties:

(1) Reprimand. A reprimand is an oral statement to an inmate addressing the inmate’s behavior when the inmate is found guilty of an offense. The hearing officer or supervisor shall only record the reprimand if no other penalty is given.

(2) Loss of recreation privileges. Recreation privileges include sports and leisure activities outside the cell, either on grounds or off grounds. Recreation privileges may be suspended for a period of time as follows:

(a) 1 to 60 days for inmates in the general population.

(b) 1 to 8 days for inmates in disciplinary separation.

(3) Building confinement. Building confinement is confinement to the building in which the inmate resides. During the period of confinement, the inmate may not leave the building without specific permission. The warden may authorize movement to other areas, including religious services, medical appointments, showers, and visits. Building confinement may be imposed for a period of 1 to 30 days.

(4) Room or cell confinement. During the hours of confinement, the inmate may not leave the inmate’s assigned living area without specific permission. The warden may authorize movement to other areas, including attendance at religious services, medical appointments, showers, and visits, if these must occur during the hours of confinement. Room or cell confinement may be imposed for a period of 1 to 15 days.

(5) Loss of privileges. One or more privileges may be suspended for a single offense, including use of inmate electronics, phone calls, participation in off grounds activities, eating meals in the dining area, or canteen privileges. Specified privileges may be suspended for a period of time as follows:

(a) 1 to 60 days for inmates in general population.

(b) 1 to 8 days for inmates in disciplinary separation.

(6) Assignments without pay. An inmate may be required to work or attend school for up to 80 hours without pay. Work assignments under this provision may be in addition to current assignments.

(7) Restitution. Full or partial restitution may be imposed as a penalty. Restitution is payment to reimburse any person or organization which has incurred expenses or sustained loss by reason of the inmate’s violation of ch. DOC 303 or the violation of ch. DOC 303 by those with whom the inmate acted, including the replacement cost of property, the expenses for medical goods and services, the costs of apprehending, holding, and return of an escaped inmate or inmates, and the costs of investigation of the violation of this chapter. Restitution may be taken from an inmate’s account or from any other assets of the inmate. If the inmate has insufficient assets to pay the ordered restitution in full at the time of the hearing, his or her obligation to pay the restitution shall remain in full force and effect until the time it has been paid in full. Transfer to another institution, release from incarceration, or release from custody of the department shall not terminate the inmate’s obligation to pay ordered restitution. When the amount of restitution is unknown at the time of the hearing, the hearing officer may impose an estimated maximum restitution amount. If the actual amount of restitution is less than the estimated amount, only the actual amount shall be assessed. Restitution may not exceed the estimated amount.

(8) Secure work crews. The hearing officer may give uncompensated secure work crew assignments under ch. DOC 304 as a minor disciplinary sanction to inmates.

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

DOC 303.71 Major offenses.

(1) A major offense is a violation of a disciplinary rule for which a major penalty may be imposed.

(2) Any violation of the following sections is a major offense:

- See PDF for table

(3) Except for an offense listed under sub. (2), an offense may be designated by the security director as either a major or a minor offense under s. DOC 303.68 (1) (e).

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

DOC 303.72 Major penalties.

(1) A major disposition must include one or more of the following and may include one or more of the penalties under s. DOC 303.70:

(a) Extension of release date for inmates under one of the following:

1. Loss of good time for an inmate who is eligible for credit under s. 53.11 or 53.12, 1981 Stats.

2. Extension of the mandatory release date for an inmate who is eligible for mandatory release under s. 302.11, Stats.

3. Extension of extended supervision date for an inmate who is eligible for release under s. 302.113 (3), Stats.

(b) Disciplinary separation under s. DOC 303.73.

(d) Loss of recreation privileges for more than 60 calendar days for inmates in the general population.

(e) Loss of out of cell recreation privileges for more than 8 calendar days for inmates in disciplinary separation.

(f) Building confinement for more than 30 calendar days.

(g) Loss of specific privileges for more than 60 calendar days for inmates in the general population.

(h) Loss of specific privileges for more than 8 calendar days for inmates in disciplinary separation.

(2) The maximum disposition which may be imposed is the most severe disposition the inmate could receive for any individual offense of which the inmate is found guilty. The disposition may not exceed the schedule of penalties in Table DOC 303.72.

- See PDF for table

(3) Disciplinary separation shall be given for a specific term of 1 to 30 days, and thereafter in increments of 30 days not to exceed the maximum penalty under Table DOC 303.72.

(4) More than one minor or major disposition may be imposed for a single offense and both a major and minor disposition may be imposed for a major offense.

(5) Loss of accumulated good time or extension of the mandatory release or extended supervision date may be imposed as a disposition only where the violation is listed as a major offense under s. DOC 303.71 or is designated as a major offense by the security director under s. DOC 303.68.

(6) For those inmates to whom s. 53.11 or 53.12, 1981 Stats., applies, the number of days of good time lost on one occasion may be based on the number of prior occasions on which the inmate lost good time but shall not exceed the following:

- See PDF for table

(7) For those inmates to whom s. 302.113 (2) or 302.113 (3), Stats., applies, the number of days the mandatory release date or term of confinement portion of a bifurcated sentence is extended on one occasion may be based on the number of prior occasions on which the inmate lost good time or had his or her mandatory release date or term of confinement extended but shall not exceed the following:

- See PDF for table

(8) TLU time may not be considered as time served for disciplinary disposition purposes.

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

DOC 303.73 Major penalty: disciplinary separation.

(1) Conditions. Disciplinary separation may not exceed the period specified in s. DOC 303.72 (2). The hearing officer may impose disciplinary separation for a major offense. The institution shall provide inmates in disciplinary separation all of the following:

(a) Clean mattress.

(b) Sufficient light by which to read at least 12 hours per day.

(d) Adequate ventilation and heating.

(2) Necessities. The institution shall allow the following for each inmate in disciplinary separation, but the items need not be kept in the cell based on safety and security concerns as determined by the warden:

(a) Adequate clothing and bedding.

(b) A toothbrush, toothpaste, soap, a towel, a face cloth and a small comb.

(d) Nutritionally adequate meals.

(3) Other property. The institution may allow inmates in disciplinary separation access to material pertaining to legal proceedings, law books, and other property allowed by department policy.

(4) Visits and telephone calls. The institution shall permit inmates in disciplinary separation visitation and telephone calls in accordance with ch. DOC 309.

(5) Correspondence.

(a) Inmates in disciplinary separation may receive and send first class mail in accordance with these rules and department policy, relating to mail.

(b) Indigent inmates in disciplinary separation may, upon request, receive writing materials and postage in accordance with s. DOC 309.51 and department policy.

(6) Showers. The institution shall allow inmates in disciplinary separation to shower at least once every 4 calendar days.

(7) Services and programs. The institution shall provide social services, psychological and medical services, program opportunities and an opportunity to exercise for an inmate in disciplinary separation, but the institution shall provide these services at the inmate’s cell, unless otherwise authorized by the warden.

(8) Leaving cell. Inmates in disciplinary separation may not leave their cells except as needed for urgent medical or psychological attention, showers, visits, recreation and emergencies endangering their safety in the cell or other reasons as authorized by the warden. The warden may require inmates in disciplinary separation to wear mechanical restraints, as defined in s. DOC 306.02 (13), while outside their cells.

(9) Release dates. Release dates are not impacted by disciplinary separation.

(10) Pay. Inmates in disciplinary separation shall not earn compensation.

(11) Canteen. Inmates in disciplinary separation may have approved items brought in from the canteen but may not go to the canteen in person.

(12) Special procedures. Institutions may establish procedures for the orderly operation of facilities for inmates in disciplinary separation.

(13) Review of disciplinary separation. The warden may review an inmate’s status in disciplinary separation at any time and may place the inmate in the general population at any time. The warden shall review inmates in disciplinary separation at least every 30 days.