Wisconsin Legislature: subch. I of ch. DOC 303

Subchapter X — Disciplinary Procedure and Penalties

DOC 303.65 Disciplinary violation dispositions.

DOC 303.66 Offenses that do not require a conduct report.

DOC 303.67 Conduct report.

DOC 303.68 Review by security office.

DOC 303.69 Minor offenses.

DOC 303.70 Minor penalties.

DOC 303.71 Major offenses.

DOC 303.72 Major penalties.

DOC 303.73 Major penalty: disciplinary separation.

DOC 303.74 Controlled separation.

DOC 303.75 Referral for prosecution.

DOC 303.76 Uncontested minor disposition.

DOC 303.77 Contested minor disposition.

DOC 303.78 Uncontested major disposition.

DOC 303.79 Hearing officer.

DOC 303.80 Contested major disposition.

DOC 303.81 Contested major disposition: waiver of due process hearing.

DOC 303.82 Appeal of contested major or minor disposition or contested major waiver.

DOC 303.83 Due process hearing: staff representative.

DOC 303.84 Due process hearing: witnesses.

DOC 303.85 Disposition considerations.

DOC 303.86 Recordkeeping.

DOC 303.87 Evidence.

DOC 303.88 Harmless error.

DOC 303.89 Warden-initiated review.

DOC 303.90 Administrative assignment or transfer.

Note: Chapter DOC 303 as it existed on December 31, 2014 was repealed and a new Chapter DOC 303 was created, Register September 2014 No. 708, effective January 1, 2015.

Subchapter I — General Provisions

DOC 303.01 Applicability and purposes.

(1) Pursuant to authority vested in the department of corrections by s. 227.11 (2), Stats., the department adopts this chapter which applies to all inmates in its legal custody regardless of the inmates’ physical placement. This section does not preclude another jurisdiction that has physical custody of the inmate from enforcing its rules related to inmate behavior. This chapter implements ss. 301.03 (2), 302.04, 302.07, 302.08, and 302.11 (2), Stats. The rules governing inmate conduct under this chapter describe the conduct for which an inmate may be disciplined and the procedures for the imposition of discipline.

(2) Discipline includes the dispositions described in ss. DOC 303.70 and DOC 303.72. The objectives of the disciplinary rules under this chapter are the following:

(a) The maintenance of order in correctional facilities.

(b) The maintenance of a safe setting in which inmates can participate in constructive programs.

(d) Fairness in the treatment of inmates.

(e) The development and maintenance of respect for authority, the correctional system, and for our system of government through fair treatment of inmates.

(f) Punishment of inmates for misbehavior.

(g) Deterrence of misbehavior.

(3) Corporal punishment of inmates is prohibited.

History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

DOC 303.02 Definitions. In this chapter:

(1) “Administrator” means an administrator of a division of the department, or designee.

(2) “Authorized” means any of the following:

(a) According to departmental rules.

(b) According to policies, procedures and handbooks.

(d) With permission from the appropriate employee.

(3) “Bodily harm” means physical pain or injury, illness, or any impairment of physical condition.

(4) “Body specimen” means biological specimen, including a sample of urine, breath, blood, stool, hair, finger nails, saliva, semen, skin cells, or DNA.

(5) “Case record” means a method of storing information which is accessible by the use of an individual inmate’s name or department identification number.

(6) “Close family member” means natural, adoptive, step and foster parent, spouse, domestic partner, children, grandparent, grandchildren, or sibling. A surrogate parent is within the definition of parent if it is substantiated that the claimed surrogate has stood in the place of a parent and has been charged with the parent’s rights, duties, and responsibilities, either by virtue of voluntary assumption or court appointment.

(7) “Communicate” means to express verbally, in writing, or by means of a gesture or other action, to include electronic transmission.

(8) “Contraband” means any of the following:

(a) Any item which inmates may not possess under this chapter or is not authorized by department policy.

(b) Any item which is not state property and is on the institution grounds but not in the possession of any person.

(c) Any allowable item which comes into an inmate’s possession through unauthorized means or is required to be on the inmate’s property list and is not.

(d) Stolen property.

(e) Damaged or altered property.

(f) Items deemed contraband by the disciplinary committee or hearing officer.

(g) Items directly or indirectly derived from or realized through the commission of any offense under this chapter.

(h) Item used in the commission of any offense under this chapter.

(i) Items in excess of allowable limits.

(9) “Corporal punishment” means the deliberate infliction of pain as retribution for an offense or requiring the performance of tasks meant to humiliate or degrade.

(10) “Department” means the department of corrections.

(11) “Department policy” means any department or division policy, facility procedure, inmate or unit handbook, or other official notice available to the inmate.

(12) “Disciplinary separation” means a punitive, segregated status which is the result of a major penalty.

(13) “Disturbance” means a riot or other disturbance to institutional order caused by a group of two or more inmates that may include one of the following:

(a) An assault on any person by two or more inmates.

(b) The taking of one or more hostages.

(d) The refusal by two or more inmates, acting in concert, to comply with an order.

(e) Any words or acts which incite or encourage inmates to take any of the actions under pars. (a) to (d).

(14) “Division” means the division of adult institutions, department of corrections.

(15) “Employee” means any department staff member, an employee of a contract agency, an independent contractor, or a volunteer of the department or institution.

(16) “Evidence” means any statement or object which could be presented at a disciplinary hearing or in a court of law, whether or not it is admissible.

(17) “Gambling” means betting on the outcome of all or any part of any game of skill or chance or an athletic contest or on the outcome of any event, or participation in any lottery or sweepstakes.

(18) “Great bodily harm” means bodily injury which creates a substantial risk of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury.

(19) “Harass” means to annoy or irritate persistently.

(20) “Hearing officer” means a supervisor assigned to conduct disciplinary hearings.

(21) “Institution” means a correctional institution or correctional facility defined under s. 302.01, Stats.

(22) “Intimate parts” means breast, penis, buttocks, anus, scrotum, or vaginal area or any other parts of the body that may result in sexual arousal or gratification for either party.

(23) “Intoxicating substance” means anything which if taken into the body may alter or impair normal mental or physical functions.

(24) “Member of a household” means a person who regularly resides in the household of another or who within the previous 6 months regularly resided in the household of another.

(25) “Negotiable instrument” means a writing, signed by the maker or drawer, which contains a promise to pay which is payable on demand or at a specified time, and which is payable to the order of the bearer.

(26) “Personally identifiable information” means information that can be associated with a particular individual through one or more identifiers or other information or circumstances.

(27) “Possession” means on one’s person, in any area to which the inmate has been assigned, or under one’s control.

(28) “Record” means any material on which written, drawn, printed, spoken, visual, electromagnetic, electronic or other information recorded or preserved, regardless of physical form or characteristics, which has been created or is being kept by an authority.