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4. As part of a random testing program of all DIS inmates. Selection of inmates for random testing may not be done for the purpose of harassing or intimidating inmates; or
5. As DIS supervisory staff determine to be appropriate, if an inmate has a history of alcohol or other drug abuse.
(d) “Administrator” is substituted for “superintendent”.
(2) If the DIS inmate is held in a correctional institution, the search rules under ss. DOC 306.13 to 306.16 apply.
History: Cr. Register, February, 1993, No. 446, eff. 3-1-93.
DOC 333.20 Search of staff. Section DOC 306.18 shall regulate the search of DIS staff, except that a search is authorized before and after a staff member has contact with a DIS inmate or if there are reasonable grounds to believe the staff member is concealing an unauthorized object and except that “administrator” is substituted for “superintendent”. The report of a strip search shall be filed with the administrator.
History: Cr. Register, February, 1993, No. 446, eff. 3-1-93.
DOC 333.21 Use of contraband and test results in disciplinary review process.
(1) Contraband seized during a search which is done in violation of this chapter may be used as evidence in the disciplinary review process under s. DOC 333.08.
(2) Results of physical examinations and tests performed on body content specimens for the purpose of detecting intoxicating substances may be used as evidence in the disciplinary review process under s. DOC 333.08.
History: Cr. Register, February, 1993, No. 446, eff. 3-1-93.
DOC 333.22 Emergencies.
(1) An emergency is an immediate threat to the safety of DIS staff, inmates or the public. An emergency includes, but is not limited to:
(a) Failure of the DIS inmate’s electronic surveillance equipment;
(b) Malfunctioning of the DIS inmate’s telephone system; or
(c) A strike of department employees.
(2) The administrator shall have a written plan to be implemented in the event of an emergency that complies with the requirements of s. DOC 306.23 (2) and (3), except that copies need not be filed with DAI.
(3) If an emergency occurs that prevents the normal functioning of DIS, the administrator may suspend those sections of this chapter or other administrative rules to which this chapter refers that specifically relate to the emergency until the emergency is ended.
History: Cr. Register, February, 1993, No. 446, eff. 3-1-93.
DOC 333.23 Inmate travel. Inmates who are confined in a Type 1 prison or a jail are not eligible for out-of-state travel. All other inmates may travel out-of-state only with the prior written authorization of the administrator or his or her designee. An inmate may travel within the state only with the prior written authorization of DIS staff.
History: Cr. Register, February, 1993, No. 446, eff. 3-1-93.
DOC 333.24 Discharge. An inmate may be discharged from custody and control of the department under s. 301.048 (6), Stats., only upon the written authorization of the administrator or his or her designee.
History: Cr. Register, February, 1993, No. 446, eff. 3-1-93.
DOC 333.25 Inmates in type 1 prisons. Inmates in DIS placements who are in state correctional institutions are subject to the rules which govern those institutions, as modified by this chapter.
History: Cr. Register, February, 1993, No. 446, eff. 3-1-93.
DOC 333.26 Inmate complaints.
(1) Inmates in DIS shall be provided an opportunity for review of decisions through the inmate complaint process. This process is used to encourage communication and cooperation between inmates and staff while resolving problems in an orderly and uniform fashion.
(2) In this section:
(a) “Calendar days” means all days including Saturdays, Sundays and legal holidays.
(b) “Complaint” means a written statement by a DIS inmate which identifies a decision, states the reasons for the complaint and complies with the time limit stated in this section, except that a late complaint may be accepted for cause.
(c) “Request for review” means a written request submitted by a DIS inmate to his or her agent’s supervisor which states the reason for the request and complies with the time limits set forth in this section, except that a late request may be accepted for cause.
(d) “Working days” means all days except Saturdays, Sundays and legal holidays.
(3) Decisions related to the following may not be challenged through the inmate complaint process:
(a) Custody and detention.
(b) Parole revocation or any sanctions.
(c) Violation of criminal law or ordinance.
(d) Denial of firearms in accordance with the Federal Gun Control Act of 1968 and s. 941.29, Stats.
(e) All decisions, special conditions or terms of supervision imposed by a court or the parole commission.
(f) Discharge under s. 301.048 (6), Stats., and s. DOC 333.25.
(g) A PRC’s decision.
(h) A decision on a challenge to an inmate record.
(i) The denial of a special action parole under s. 304.02, Stats.
(4) The procedure for filing an inmate complaint is as follows:
(a) An inmate shall file a complaint with his or her agent within 14 calendar days after the occurrence giving rise to the complaint.
(b) The agent shall issue a written decision within 7 working days of receipt of the complaint.
(c) If the review by the agent does not produce a resolution, the inmate may file a request for review with the agent’s supervisor within 5 working days of receipt of the agent’s decision.
(d) The supervisor shall issue a written decision within 10 working days of receipt of the request for review.
(e) If the review by the supervisor does not produce a resolution, the inmate may file a request for review within 5 working days of receipt of the supervisor’s decision to the sector chief who shall issue a final written decision within 10 working days of receipt of the request for review.
(5) While the review process is pending, the inmate shall comply with the decision or directive being reviewed.
(6) An inmate may not be sanctioned for filing a complaint.
(7) The complaint process shall be expedited in circumstances where the complaint will be invalidated by the passage of time limits.
History: Cr. Register, February, 1993, No. 446, eff. 3-1-93.
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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.