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Note: Chapter HSS 310 was renumbered Chapter DOC 310 under s. 13.93 (2m) (b) 1., 2. and 7., Stats.
Note: Chapter DOC 310 as it existed on November 30, 2002 was repealed and a new chapter DOC 310 was created, Register November 30, 2002 No. 563, effective December 1, 2002.
Note: Most of the sections in this chapter have explanatory material relating to the text of the rule. This material can be found in the appendix following the last section.
Note: Chapter DOC 310 as it existed on February 28, 2018 was repealed and a new chapter DOC 310 was created, Register March 26, 2018 No. 747, effective April 1, 2018.
DOC 310.01 Purpose and authority.
(1) The purpose of this chapter is to afford inmates in institutions a process by which grievances may be expeditiously raised, investigated, and decided.
(2) The inmate complaint review system serves the following objectives:
(a) To allow inmates to raise in an orderly fashion issues regarding department policies, rules, living conditions, and employee actions that personally affect the inmate or institution environment, including civil rights claims.
(b) To provide the department an opportunity to resolve the issue before an inmate commences a civil action or special proceeding.
(c) To encourage communication between inmates and employees.
(d) To review and explain correctional policy or practice to inmates and employees.
(e) To identify errors and deficiencies in correctional policy or practice.
(3) This chapter interprets ss. 301.02 and 301.03 (2), Stats.
History: CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18.
DOC 310.02 Applicability.
(1) This chapter applies to all inmates in the department’s legal custody.
(2) Inmates may file complaints with the department for matters under the department’s authority.
(3) Inmates housed in other jurisdictions are required to file complaints with that jurisdiction for all matters under that jurisdiction’s control.
History: CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18.
DOC 310.03 Definitions. In this chapter:
(1) “Calendar week” means Sunday through Saturday.
(2) “Calendar year” means 12 calendar months beginning January 1 and ending December 31.
(3) “Complaint record” means ICRS forms and evidence compiled in connection with an ICRS complaint by the ICE or CCE.
(4) “Corrections complaint examiner” or “CCE” means the employee of the department who is designated by the secretary to process and review complaints appealed to the secretary.
(5) “Days” means all calendar days including Saturdays, Sundays, and state legal holidays.
(6) “Department” means the department of corrections.
(7) “Division” means the division of adult institutions.
(8) “Employee” means any staff member, an employee of a contract agency, an independent contractor, or a volunteer of the department or an institution.
(9) “Good cause” means substantial grounds, justification, or reason to take a certain action as determined by the examiner.
(10) “Inmate complaint review system” or “ICRS” means the process by which complaints filed by inmates of adult correctional institutions are investigated and resolved.
(11) “Institution” means a correctional institution or correctional facility defined under s. 302.01, Stats.
(12) “Institution complaint examiner” or “ICE” means the person or persons at each institution designated by the warden to process, investigate, and make recommendations on complaints filed under this chapter.
(13) “Moot” means any of the following:
(a) Abstract and not arising from existing facts or rights.
(b) Already resolved.
(14) “PREA” means the prison rape elimination act, 42 U.S.C. 15601, et seq. and the standards issued thereunder, 28 C.F.R. Part 115.
(15) “Reviewing authority” means a person who is authorized to review and decide an inmate complaint.
(16) “Secretary” means the secretary of the department or designee.
(17) “Sexual abuse” means the definition given under 28 C.F.R. s. 115.6.
(18) “Sexual harassment” means the definition given under 28 C.F.R. s. 115.6
(19) “Staff member” or “staff” means a person employed by the department as a permanent, project, or limited term employee.
(20) “Warden” means the warden, superintendent, or designee.
History: CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18; correction in (20) made under s. 35.17, Stats, Register March 2018, No. 747.
DOC 310.04 Inmate complaint review system.
(1) The department shall maintain an inmate complaint review system that shall be accessible to all inmates in institutions. The department shall do all of the following:
(a) Provide access to written notification of the complaint procedures to inmates.
(b) Provide each inmate written or oral explanation of the complaint procedures.
(c) Provide an inmate the opportunity to ask and have questions answered relating to the complaint procedure.
(d) Provide complaint and appeal forms.
(e) Permit an inmate to seek assistance to file a complaint.
(f) Not subject an inmate to retaliation for participation in the ICRS.
(g) Allow an inmate to pursue a complaint of retaliation through the ICRS.
(h) Review and investigate inmate complaints.
(2) Inappropriate use of the ICRS per s. DOC 310.07 (4) may be subject to discipline under ch. DOC 303.
(3) The warden shall designate an employee to function as an institution complaint examiner or to assist in the process.
History: CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18; correction in (2) made under s. 35.17, Stats., Register March 2018.
DOC 310.05 Exhaustion of administrative remedies. Before an inmate may commence a civil action or special proceedings, the inmate shall exhaust all administrative remedies the department has promulgated by rule.
History: CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18.
DOC 310.06 Scope of complaint review system.
(1) An inmate may use the ICRS to raise issues regarding policies, rules, living conditions, or employee actions that personally affect the inmate or institution environment.
(2) An inmate may raise issues, including civil rights claims, through the ICRS regarding classification, disciplinary actions, administrative confinement, or request for qualified leave, and decisions regarding requests to authorize new religious practice or religious property only after exhausting any of the following, as appropriate:
(a) The classification administrative review process under ch. DOC 302.
(b) The disciplinary appeal process under ch. DOC 303.
(c) The administrative confinement review process under ch. DOC 308.
(d) A request for qualified leave process under ch. DOC 326.
(e) A review process designated by the department for the request of new religious practice or property.
(3) An inmate may not use the ICRS to challenge any of the following:
(a) A complaint or submission returned under the provisions of s. DOC 310.09 (3) or 310.12 (4) (a) to (e).
(b) A parole commission decision.
(c) A classification decision.
(d) Records or actions not originated by the division.
(e) The declination or denial of a public record request.
(f) The content of health care records.
(g) Actions of the legislature.
(h) Court decisions or orders.
History: CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18; correction in (3) (a) made under s. 35.17, Stats., Register March 2018 No. 747.
DOC 310.07 Filing of complaints.
(1) Prior to filing a formal complaint, an inmate shall attempt to resolve the issue by following the designated process specific to the subject of the complaint. The ICE may request inmates to provide evidence of having followed the specified process.
(2) An inmate shall file a complaint within 14 days after the occurrence giving rise to the complaint. At the discretion of the ICE, a late complaint may be accepted for good cause. An inmate shall request to file a late complaint in the written complaint and explicitly provide the reason for the late filing.
(3) Each complaint shall meet all of the following requirements:
(a) Be submitted on a complaint form provided by the department.
(b) Be legibly handwritten or typed.
(c) Be filed only under the name by which the inmate was committed to the department or the legal name granted by a court.
(d) Include the inmate’s original signature.
(e) Not exceed 500 words total and not exceed two pages.
(f) Provide relevant supporting documentation, which may be accepted at the discretion of the ICE.
(4) A complaint will not be processed and a referral for disciplinary action may occur in accordance with ch. DOC 303 if the complaint contains any of the following:
(a) Obscene, profane, abusive, or threatening language unless such language is necessary to describe the factual basis of the complaint.
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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.