Wisconsin Legislature: DOC 303.74

(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:

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(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.

History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15; correction in numbering in (2) to (13) made under s. 13.92 (4) (b) 1., Stats., Register September 2014 No. 705.

DOC 303.74 Controlled separation.

(1) Use. A security supervisor may order into controlled separation any inmate in segregated status who exhibits disruptive, destructive, or out of control behavior. Staff shall not place an inmate in controlled separation unless a conduct report or incident report is written for the conduct giving rise to the use of controlled separation. When the inmate’s behavior is no longer disruptive, destructive, or out of control, a security supervisor shall remove the inmate from controlled separation.

(a) A security supervisor may not order controlled separation for more than 72 hours.

(b) The security director may extend the placement if the behavior continues. The security director shall review extensions every 24 hours.

(2) Conditions.

(a) The institution shall provide inmates in controlled separation all of the following:

1. Clean mattress.

2. Sufficient light by which to read at least 12 hours per day.

3. Sanitary toilet and sink.

4. Adequate ventilation and heating.

5. Clothing consistent with the level of risk.

6. Essential hygiene supplies.

7. Nutritionally adequate meals.

(b) While an inmate is acting in a disruptive manner, the institution shall maintain close control of all property in subd. (a) 1., 5., and 6.

(3) Visits. Inmates in controlled separation may not receive visits, except from their attorney or with permission from the warden or security director.

(4) Special rules.

(a) Inmates in controlled separation may not possess any property in the cell except the property described in sub. (2), letters received while in controlled separation, legal materials, and writing materials as long as the property does not pose a security risk. Institutions may establish procedures for the orderly operation of the facilities for inmates in controlled separation.

(b) Inmates in controlled separation may not leave their cells except in emergencies endangering their safety in the cell or with permission from the warden or security director. The warden may require inmates in controlled separation to wear mechanical restraints, as defined in s. DOC 306.02 (13), while outside their cells if the use of mechanical restraints is necessary to protect employees or inmates or to maintain the security of the institution.

(5) Pay. An inmate in controlled separation shall earn compensation if the inmate earned compensation in the previous status.

(6) Records. Staff shall visually check inmates in controlled separation at least once every 30 minutes and make a written record or log entry at each interval noting the condition of the inmate.

(7) Credit. The institution shall give an inmate in controlled separation credit toward a term of disciplinary separation during the period of confinement.

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

DOC 303.75 Referral for prosecution. In addition to enforcing this chapter, the department shall work with local law enforcement and the district attorney so that violations of criminal statutes may be investigated and appropriately referred for prosecution.

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

DOC 303.76 Uncontested minor disposition.

(1) Staff may write a conduct report and summarily find an inmate guilty and punish the inmate for minor rule infractions in accordance with this section.

(2) Before an inmate is found guilty and punished under this section, a staff member shall do the following:

(a) Inform the inmate of the nature of the alleged infraction and the contemplated disposition.

(b) Inform the inmate that a supervisor shall review the contemplated disposition, and may impose a different disposition.

(d) Inform the inmate that a disposition under this section must be agreed to and is not appealable.

(3) If the inmate consents to the disposition, the staff shall submit the contemplated disposition to the supervisor for review.

(a) If the supervisor approves, the inmate shall be notified and sign the conduct report agreeing to the disposition.

(b) If the supervisor disapproves of the disposition under this section, the supervisor may do one of the following:

1. Recommend a different disposition.

2. Refer the alleged infraction for review under s. DOC 303.68.

(c) If the supervisor approves of a different disposition, the staff shall inform the inmate of the supervisor’s recommendation. The inmate may agree or disagree with the recommended disposition.

1. If the inmate agrees to the disposition, the inmate shall sign the conduct report.

2. If the inmate disagrees, the report shall be disposed of under s. DOC 303.77.

(4) If the matter is not referred for processing under s. DOC 303.77, the staff shall impose the disposition or dispositions approved by the supervisor and agreed to by the inmate in accordance with s. DOC 303.70.

(5) Staff shall document dispositions under this section in the record indicating the disposition and approval by the supervisor.

(6) An inmate may not appeal an uncontested minor disposition to which he or she has agreed.

History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15; correction in (2) (c) made under s. 13.92 (4) (b) 7., Stats., Register September 2014 No. 705.

DOC 303.77 Contested minor disposition.

(1) Staff may process a conduct report for a minor rule infraction in accordance with this section when an inmate refuses to accept an uncontested minor disposition.

(2) Staff shall do all of the following:

(a) Inform the inmate of the nature of the alleged infraction.

(b) Offer the inmate an opportunity to provide a statement. Staff shall document the inmate’s statement on the appropriate form.

(c) Inform the inmate the conduct report and the inmate’s statement shall be forwarded to the supervisor for review and determination of disposition.

(3) The supervisor shall review the conduct report and inmate’s statement, render a decision and notify the inmate within 5 working days.

(4) If there is a finding of guilt, the supervisor shall impose one or more dispositions in accordance with s. DOC 303.70.

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

DOC 303.78 Uncontested major disposition.

(1) An employee may write a conduct report and a supervisor may summarily find an inmate guilty and discipline the inmate for major rule infractions in accordance with this section.

(2) Before an inmate is found guilty and disciplined under this section, a supervisor shall do all of the following:

(a) Inform the inmate of the nature of the alleged infraction and the contemplated disposition.

(b) Inform the inmate that the security director shall review the contemplated disposition, and may impose a different disposition.

(3) If the inmate consents to the disposition, the supervisor shall submit the contemplated disposition to the security director for review.

(a) If the security director approves the disposition under this section, the inmate shall be notified and sign the conduct report agreeing to the disposition.