Wisconsin Legislature: DOC 310.04

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.

(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.

(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.

(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.

(b) A foreign substance.

(5) Each complaint may contain only one clearly identified issue.

(6) A complaint must contain sufficient information for the department to investigate and decide the complaint.

(7) An inmate may not file more than one complaint per calendar week except that any of the following are not subject to the filing restrictions contained in this paragraph:

(a) Complaints regarding the inmate’s health and personal safety.

(b) Complaints made under PREA.

(8) An inmate shall submit a signed complaint by placing it in a receptacle designated for complaints or by submitting it to the ICE office through institution or USPS mail.

(9) If an inmate is transferred after an incident but before filing a complaint, the inmate shall file a complaint related to the incident at the currently assigned institution. The ICE shall refer the complaint to the ICE at the appropriate institution for investigation and reviewing authority decision. If the transfer is to a contracted facility, the inmate shall file the complaint with the institution where the issue arose.

(10) Inmates shall file complaints with the institution where the incident occurred.

(11) The ICE may waive any requirements under this section for good cause.

History: CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18.

DOC 310.08 PREA complaint procedure. An inmate may file a complaint alleging sexual abuse using the procedures under this chapter. The following provisions apply to complaints alleging sexual abuse or sexual harassment:

(1) Notwithstanding s. DOC 310.07 (2), an inmate may file a complaint regarding sexual abuse or sexual harassment at any time. If a portion of the complaint alleges an issue that does not relate to sexual abuse or sexual harassment, the time limits under s. DOC 310.07 apply.

(2) Notwithstanding s. DOC 310.07 (1) or (8), an inmate is not required to attempt to resolve the issue with the staff member who is the subject of the complaint or to file a complaint regarding sexual abuse or sexual harassment with the staff member who is the subject of the complaint. The inmate may use an alternative method of filing, including submission of the complaint directly to the warden.

(3) Complaints filed under this section will be referred for a PREA investigation. Department policy shall address the requirements that investigations regarding allegations of sexual abuse or sexual harassment be completed within established time frames.