Chapter DOC 333

DOC 333.07(2) (2) All of the offenses listed in ss. DOC 303.11 to 303.64 shall apply to inmates in DIS placement who are not in a state correctional institution, with the following exceptions, substitutions and modifications:

DOC 333.07(2)(a) (a) Section DOC 303.15 on sexual conduct does not apply.

DOC 333.07(2)(b) (b) The following is substituted for s. DOC 303.18 on inciting a riot: Any inmate who intentionally encourages, directs, commands, coerces or signals one or more other persons to participate in a riot is guilty of an offense. “Riot” means a serious disturbance caused by a group of 2 or more persons which creates a serious risk of injury to persons or property.

DOC 333.07(2)(c) (c) The following is substituted for s. DOC 303.19 on participating in a riot: Any inmate who intentionally or recklessly participates in a riot, as defined under par. (b), or who intentionally or recklessly remains in a group of 2 or more inmates which has been ordered to disperse if some members of the group are participating in a riot, is guilty of an offense.

DOC 333.07(2)(d) (d) Section DOC 303.20 on group resistance and petitions does not apply.

DOC 333.07(2)(e) (e) The following is substituted for s. DOC 303.05 on conspiracy:

DOC 333.07(2)(e)1. 1. If an inmate plans or agrees to do acts which are forbidden under this chapter with another person or persons, the inmate is guilty of an offense.

DOC 333.07(2)(e)2. 2. The penalty for conspiracy may be the same as the penalty for the most serious of the planned offenses;

DOC 333.07(2)(f) (f) The following is substituted for s. DOC 303.22 on escape:

DOC 333.07(2)(f)1. 1. An inmate who does any of the following without permission is guilty of an offense:

DOC 333.07(2)(f)1.a. a. Leaves a place without proper authorization from DIS staff;

DOC 333.07(2)(f)1.b. b. Leaves the custody of a staff member;

DOC 333.07(2)(f)1.c. c. Does not follow his or her assigned schedule;

DOC 333.07(2)(f)1.d. d. Leaves the confines of an area to which he or she is assigned.

DOC 333.07(2)(g) (g) The following is substituted for s. DOC 303.27 on lying: Any inmate who knowingly makes a false written or oral statement to a DIS staff member is guilty of an offense.

DOC 333.07(2)(h) (h) Section DOC 303.29 on talking does not apply.

DOC 333.07 Note Note: DOC 303.29 was repealed eff. 1-1-01.

DOC 333.07(2)(i) (i) Section DOC 303.30 on unauthorized forms of communication does not apply.

DOC 333.07(2)(j) (j) The following is substituted for s. DOC 303.32 on enterprises and fraud: Any inmate who offers to buy or orders any item with the intention of not paying for it or incurs debt without permission of DIS staff is guilty of an offense.

DOC 333.07(2)(k) (k) Section DOC 303.33 on attire does not apply.

DOC 333.07 Note Note: DOC 303.33 was repealed eff. 1-1-01.

DOC 333.07(2)(L) (L) Section DOC 303.40 on unauthorized transfer of property does not apply.

DOC 333.07(2)(m) (m) Section DOC 303.42 on possession of money does not apply.

DOC 333.07(2)(n) (n) The following is substituted for s. DOC 303.43 on possession of intoxicants:

DOC 333.07(2)(n)1. 1. Except as specifically authorized by DIS staff, any inmate who knowingly has in his or her possession or uses any intoxicating substance as defined under s. DOC 303.02 (14) which is not prescribed by an approved physician is guilty of an offense.

DOC 333.07(2)(n)2. 2. All intoxicating substances prohibited by this chapter shall be confiscated.

DOC 333.07(2)(o) (o) Section DOC 303.46 on possession of excess smoking materials does not apply.

DOC 333.07 Note Note: DOC 303.46 was repealed eff. 1-1-01.

DOC 333.07(2)(p) (p) The following is substituted for s. DOC 303.47 on possession of contraband-miscellaneous: Any inmate who knowingly possesses any items of a type which is not allowed under s. DOC 333.13 (6) (b) 1. through 6 or under the inmate’s special conditions of DIS placement is guilty of an offense.

DOC 333.07(2)(q) (q) Section DOC 303.48 on unauthorized use of the mail does not apply.

DOC 333.07(2)(r) (r) The following is substituted for s. DOC 303.49 on punctuality and attendance: Inmates shall attend and be on time for all events, classes, meetings, appointments, jobs and other activities, services or treatment for which they are scheduled. Any inmate who violates this section is guilty of an offense, unless one of the following applies:

DOC 333.07(2)(r)1. 1. DIS staff have been notified that the inmate is sick.

DOC 333.07(2)(r)2. 2. DIS staff have granted the inmate permission to be in some other location.

DOC 333.07(2)(r)3. 3. DIS staff have authorized the inmate to change his or her schedule.

DOC 333.07(2)(s) (s) Section DOC 303.50 on loitering does not apply.

DOC 333.07(2)(t) (t) The following is substituted for s. DOC 303.51 on leaving assigned area: Any inmate who leaves an area where he or she is attending a scheduled activity or who leaves the immediate area of a work or school assignment before the activity or the work or school assignment is over is guilty of an offense, unless absence from the assigned area has been approved by DIS staff.

DOC 333.07(2)(u) (u) Section DOC 303.52 on entry of another inmate’s quarters does not apply.

DOC 333.07(2)(v) (v) Section DOC 303.54 on improper storage does not apply.

DOC 333.07(2)(w) (w) Section DOC 303.55 on dirty quarters does not apply.

DOC 333.07(2)(x) (x) The following is substituted for s. DOC 303.57 on misuse of prescription medication: Any inmate who knowingly does any of the following is guilty of an offense:

DOC 333.07(2)(x)1. 1. Takes more of a prescription medication than was prescribed.

DOC 333.07(2)(x)2. 2. Takes a prescription medication which was not prescribed for him or her.

DOC 333.07(2)(y) (y) Section DOC 303.59 on use of intoxicants applies except that subs. (2) (a) and (3) are modified to include tests, examinations and specimens requested in accordance with this chapter.

DOC 333.07(2)(z) (z) Section DOC 303.63 on violations of institution policies and procedures does not apply.

DOC 333.07(3) (3) In addition to the rules listed under this subsection, which includes the list of offenses under ss. DOC 303.11 to 303.64 as affected by this subsection, DIS staff may develop additional rules of supervision for an inmate’s DIS placement which are reasonably calculated to serve the interests stated in s. DOC 333.01. These additional rules may be modified at any time with written notice to the inmate.

DOC 333.07(4) (4) Violation of any of the rules of supervision is an offense.

DOC 333.07 History History: Cr. Register, February, 1993, No. 446, eff. 3-1-93; corrections in (2) (e) (intro.) and (n) 1. made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612; corrections in (2) (intro.), (3) made under s. 13.92 (4) (b) 7., Stats., Register March 2017 No. 735.

DOC 333.08 DOC 333.08 Discipline.

DOC 333.08(1) (1) An inmate in a DIS placement may receive a sanction under s. 301.048 (3), Stats., if the department determines, after completing a review under sub. (2), that the inmate has committed one of the following:

DOC 333.08(1)(a) (a) A violation of a state or federal statute or a local ordinance.

DOC 333.08(1)(b) (b) A violation of the rules of any facility, institution or program in which the inmate is held or to which the inmate is assigned.

DOC 333.08(1)(c) (c) A violation of this chapter, including any rules referenced and incorporated in this chapter.

DOC 333.08(1)(d) (d) A violation of the rules of supervision.

DOC 333.08(2) (2) The review procedure to determine if the inmate has committed a violation shall be conducted as follows:

DOC 333.08(2)(a) (a) A written violation report shall be prepared by a DIS staff member which:

DOC 333.08(2)(a)1. 1. Sets forth all facts obtained in the DIS staff member’s investigation and includes the proposed penalty and a written statement or a report of an oral statement from the inmate. No statement concerning the alleged violation shall be taken from the inmate until 24 hours after the inmate receives a written notice of the alleged violation which shall include the rule allegedly violated, how the rule was violated and the date and place of the violation. The requirement of prior written notice may be waived by the inmate in writing. A defective notice can be cured by issuing a proper notice.

DOC 333.08(2)(a)2. 2. Includes witness statements or summaries of witness statements.

DOC 333.08(2)(a)3. 3. Identifies the evidence and the names of witnesses reported by the inmate. The DIS staff member shall include in his or her report what efforts were made to interview witnesses and gather evidence identified by the inmate.

DOC 333.08(2)(b) (b) A copy of the violation report shall be served on the inmate within 5 working days after review and approval by a supervisor who was not involved in the alleged violation and did not prepare the violation report. A minor penalty may be imposed by DIS staff after approval by the supervisor and prior to service of the violation report on the inmate.

DOC 333.08(2)(c) (c) A major penalty may be imposed by a DIS staff member after review and approval of the violation report by the supervisor under par. (b), service of the violation report on the inmate and completion of the following appeal procedure:

DOC 333.08(2)(c)1. 1. The inmate may appeal the violation report to the sector chief or designee by service of a written appeal within 5 working days of receipt of the violation report.

DOC 333.08(2)(c)2. 2. If the appeal is to the sector chief’s designee, the designee shall not be the immediate supervisor of the DIS staff member who conducted the investigation.

DOC 333.08(2)(c)3. 3. The sector chief or designee shall review the violation report and the appeal and issue a final decision within 7 working days of receipt of the appeal.

DOC 333.08(2)(c)4. 4. A major penalty may be imposed at any time after the expiration of the appeal time if the inmate does not appeal.

DOC 333.08(3) (3) A “major offense” is a violation of one or more of the rules of supervision for which a major penalty may be imposed if the accused inmate is found guilty.

DOC 333.08(4) (4) A “minor offense” is any violation of one or more of the rules of supervision which is not a ‘major offense’ under sub. (5) or which a DIS supervisor has not classified as a major offense. If an offense not listed in sub. (5) is a ‘major offense’ for an inmate, it shall be identified as a ‘major offense’ in the DIS rules of supervision.

DOC 333.08(5) (5) Any violation of the following sections is a major offense:

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DOC 333.08 History History: Cr. Register, February, 1993, No. 446, eff. 3-1-93.

DOC 333.09 DOC 333.09 Termination of DIS placement.

DOC 333.09(1) (1) If an inmate has been transferred to DIS from a state correctional facility under s. 301.048 (2), Stats., the placement in DIS may be terminated for any of the following reasons:

DOC 333.09(1)(a) (a) If there is a change of circumstances such as the loss, for any reason, of a job, school or treatment program.

DOC 333.09(1)(b) (b) If the department determines that the inmate has committed one or more of the following violations:

DOC 333.09(1)(b)1. 1. Violation of a state or federal statute or local ordinance.

DOC 333.09(1)(b)2. 2. Violation of the rules of any facility, institution or program in which the inmate is held or to which the inmate is assigned.

DOC 333.09(1)(b)3. 3. Violation of the DIS rules of supervision.

DOC 333.09(1)(c) (c) For any other reason, which, in the discretionary judgment of the department, is reasonably calculated to serve the interests stated in s. DOC 333.01.

DOC 333.09(2) (2) If an inmate is placed in DIS as an alternative to revocation of probation or parole pursuant to s. 301.048 (2) (am) 4., Stats., or is placed in DIS as a condition of parole by the parole commission pursuant to s. 301.048 (2) (am) 3., Stats., the placement in DIS shall be terminated if the inmate’s probation or parole is revoked under ch. DOC 331.

DOC 333.09 History History: Cr. Register, February, 1993, No. 446, eff. 3-1-93; corrections in (2) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612.

DOC 333.10 DOC 333.10 Termination procedure.

DOC 333.10(1) (1) The proposed termination of a DIS placement by DIS staff under s. DOC 333.09 (1) shall be reviewed by the PRC which shall consist of 2 or more members appointed by the administrator. The administrator may designate persons to sit as alternates.

DOC 333.10(2) (2) RC may recommend to the administrator or the administrator’s designee that the inmate’s DIS placement be terminated and the inmate returned to a type 1 prison or that the inmate be transferred to another community or another living arrangement or that any other appropriate action be taken. RC review of the inmate’s DIS placement shall be conducted in accordance with ss. DOC 302.17 and 302.19, except that “administrator or their designee” shall be substituted for “superintendent” in those provisions and no disciplinary hearing shall be held to determine if a violation has occurred. The decision of the administrator or the administrator’s designee shall be final.

DOC 333.10(3) (3) If the placement is to be terminated under s. DOC 333.09 (1) (b), the review process in s. DOC 333.08 (2) shall be completed before the placement is terminated.

DOC 333.10(4) (4) An inmate who has been removed from a DIS placement pending completion of the review procedure in s. DOC 333.08 (2) and who is found not guilty of the alleged violation shall be returned to the placement as soon as practicable following the determination.

DOC 333.10(5) (5) Prior to completion of the termination procedure or the revocation procedure under ch. DOC 331, the department may take any action it considers necessary for protection of the public including detention of the inmate in any state correctional institution, county jail or other facility that has agreed to hold DIS inmates in detention status, provided that the conditions for detention under s. DOC 333.11 are met.

DOC 333.10(6) (6) If an inmate is unable to attend work, school or treatment programs due to the termination procedure, DIS staff shall notify the appropriate school official, employer or treatment staff.

DOC 333.10 History History: Cr. Register, February, 1993, No. 446, eff. 3-1-93; CR 17-026: am. (2), Register June 2018 No. 750 eff. 7-1-18.

DOC 333.11 DOC 333.11 Detention for inmates in DIS placements.

DOC 333.11(1) (1) In this section, “detention” means secure or non-secure confinement in a Type 1 prison, jail, county reforestation camp, residential treatment facility or community-based residential facility under s. 301.048 (3) (a) 1., Stats.