Wisconsin Legislature: DOC 350.28 History

(c) The inmate shall be notified of the charges and of his or her right to a hearing under par. (d) at least 24 hours in advance of the hearing. The inmate may waive this time requirement.

(d) A due process hearing shall be held within seven calendar days unless an inmate waives the right to a due process hearing under par. (e). The due process hearing shall be conducted in accordance with all of the following:

1. An impartial hearing officer or committee shall conduct the due process hearing. The hearing may not be conducted by a person who may review an appeal made under par. (d) 6. or who has personally observed, been a part of, or investigated the incident which is the subject of the hearing.

2. The inmate has the right to be present at the hearing, to make a statement, and to present relevant evidence. If the inmate refuses to attend the hearing or disrupts the hearing, the hearing may be conducted without the inmate being present. The hearing officer or committee may hear the testimony of a witness outside the presence of the accused inmate if there is a significant risk of bodily harm to the witness in testifying in front of the accused inmate. The reason for the accused inmate’s absence shall be documented.

3. The inmate has the right to present any relevant witness whose testimony is not cumulative of other evidence unless the safety of any other witness or the security of the jail would be threatened if that witness testified. The reasons for the absence of the witness shall be documented.

4. If the inmate is illiterate or the issues are complex, the inmate has the right to a staff advocate or adequate substitute aide to assist him or her in understanding the charges and preparing a defense.

5. The hearing officer or committee may consider the inmate’s mental illness, developmental disability, or other emotional or mental disability as a mitigating factor in imposing the discipline.

6. The hearing officer or committee shall issue a written decision that shall state the discipline to be administered. The inmate shall receive a written copy of the decision.

7. The inmate shall be notified of his or her right to appeal the hearing officer or committee’s decision and of the jail’s procedure for making an appeal.

8. Information on the incident, the discipline administered, and the hearing officer or committee’s decision shall be made part of the inmate’s file. Upon appeal, if the hearing officer or committee or the reviewer under par. (d) 6. finds that no violation occurred, the due process records shall reflect those findings.

(e) An inmate may waive the right to a due process hearing under par. (d) in writing at any time. If the inmate waives the right to a due process hearing, the violation shall be disposed of in accordance with the procedures for minor violations under sub. (2), except that a major discipline may be imposed if the relevant staff member finds a violation occurred. A waiver does not constitute an admission of the alleged violation.

(4) Classification. An inmate may be evaluated for custody classification following the imposition of discipline.

History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

DOC 350.25 Administrative confinement. In this section, “administrative confinement” means a nonpunitive, segregated confinement of an inmate in his or her cell or other designated area to ensure personal safety and security within the jail. The jail shall have policies and procedures outlining the administrative confinement process, including the following components:

(1) An inmate may be placed in administrative confinement if the inmate’s continued presence in the general population meets one of the following:

(a) Presents a substantial risk of physical harm to the inmate, another person, or property.

(b) Threatens the security and order of the jail.

(2) A jail staff member shall inform his or her supervisor of any incident that may require administrative confinement of an inmate, and the supervisor shall determine whether to place the inmate in administrative confinement. In the absence of his or her supervisor, a jail staff member may place an inmate in administrative confinement. The staff member’s supervisor shall review that placement decision within 24 hours. This review shall include evaluation of the inmate’s classification.

(3) An inmate’s progress in administrative confinement shall be reviewed by a supervisor at least once every seven days. The supervisor shall determine when the inmate no longer presents a threat to the safety, security, and order of the jail and may be released to the general population. Each review shall be documented.

(4) The reason an inmate is placed in administrative confinement and the length of time the inmate remains in administrative confinement shall be documented in the inmate’s file.

History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

DOC 350.26 Grievance process. The jail shall have policies and procedures relating to an inmate grievance process and ensure it is available to all inmates and includes at least one level of appeal.

History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

DOC 350.27 Legal access. The jail shall have policies and procedures to address inmates’ access to the courts, their attorneys, and legal materials.

History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

DOC 350.28 Indigence. The jail shall have policies and procedures to address indigence, including all of the following components:

(1) The jail shall establish definitions and procedures to define indigence.

(2) Inmates’ access to health care, programming, and essential services is not precluded by inability to pay.

History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

DOC 350.29 Mail. The jail shall have policies and procedures relating to written contact between inmates and their families, friends, attorneys, the court system, governmental officials, and others, including the following components:

(1) Provision for staff inspection and reading of nonprivileged incoming and outgoing mail.

(2) Provision for the limited inspection of incoming and outgoing privileged mail.

(3) Delivery of all nonprivileged and approved privileged incoming mail.

(4) Inventory and disposition of contraband items found in mail.

(5) Provision of postage to indigent inmates.

(6) Provision for notifying inmates when incoming or outgoing mail is withheld.

History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

DOC 350.30 Visitation. The jail shall have policies and procedures relating to visitation, including the following components:

(1) Establishment of visitation schedule for family, friends, attorneys, and others. Attorney visits shall be allowed during reasonable hours, as long as security and daily routine are not unduly interrupted.

(2) Establishment of procedures for requesting visitation during nonscheduled times.

(3) Documentation of all visits through a visitor log or register.

(4) Establishment of a search policy of visitors and their possessions.

(5) Posting of visitation policies and procedures, including visitation schedule, in a place readily accessible to visitors and inmates.

(6) Establishment of a search policy for inmates before and after each visit.

History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

DOC 350.31 Programs and services. The jail shall have policies and procedures relating to the provision of inmate programs and services, including the following components:

(1) Use of community resources, contract providers, and volunteers authorized by the sheriff.

(2) Notification to inmates of availability, eligibility, and schedules.

(3) Conducting criminal background checks on all volunteers, community resources, and contract providers.

(4) Orientation and training on facility operations for all volunteers.

(5) Educational programming for inmates who are under 18 years of age consistent with the requirements of the Department of Public Instruction.

History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

DOC 350.32 Religious programming. Inmates shall have the opportunity to participate in practices of their religious faith consistent with existing state and federal statutes. The jail shall have policies and procedures relating to religious programming, including the following components:

(1) Identification of religious organizations and clergy willing to conduct religious services in the facility.

(2) Notification to inmates of the schedule of religious services available in the jail.

(3) Identification of religious items that may be kept on an inmate’s person or in the cell.

(4) Conducting criminal background checks on members of a religious organization and clergy.

(5) Orientation and training on facility operations for all volunteers.

History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

DOC 350.33 Recreation. The jail shall have policies and procedures relating to recreation, including the following components:

(1) Identification of the recreational activities that are available.

(2) Schedule of recreational activities.

(3) When and where available, at least one hour of daily exercise and recreation is outside the cell or outdoors.

History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

DOC 350.34 Publications. The jail shall have policies and procedures relating to access to publications, including the following components:

(1) Provision of publications of general interest for inmates such as books, newspapers, and magazines.

(2) Identification of publications that are prohibited for inmates because their content creates a security risk.

(3) Inspection of publications brought by visitors for inmates if the jail allows visitors to bring in reading materials.

History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

DOC 350.35 Canteen. The jail shall have policies and procedures for the establishment and use of canteen, vending, or other similar services for inmates, including the following components:

(1) Canteen shall be made available to eligible inmates.

(2) Access to canteen may be restricted by the facility based upon inmate classification or status.

History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.