Chapter DOC 303

DOC 303.02(13)(a) (a) An assault on any person by two or more inmates.

DOC 303.02(13)(b) (b) The taking of one or more hostages.

DOC 303.02(13)(c) (c) The destruction of state property or the property of another by two or more inmates.

DOC 303.02(13)(d) (d) The refusal by two or more inmates, acting in concert, to comply with an order.

DOC 303.02(13)(e) (e) Any words or acts which incite or encourage inmates to take any of the actions under pars. (a) to (d).

DOC 303.02(14) (14) “Division” means the division of adult institutions, department of corrections.

DOC 303.02(15) (15) “Employee” means any department staff member, an employee of a contract agency, an independent contractor, or a volunteer of the department or institution.

DOC 303.02(16) (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.

DOC 303.02(17) (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.

DOC 303.02(18) (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.

DOC 303.02(19) (19) “Harass” means to annoy or irritate persistently.

DOC 303.02(20) (20) “Hearing officer” means a supervisor assigned to conduct disciplinary hearings.

DOC 303.02(21) (21) “Institution” means a correctional institution or correctional facility defined under s. 302.01, Stats.

DOC 303.02(22) (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.

DOC 303.02(23) (23) “Intoxicating substance” means anything which if taken into the body may alter or impair normal mental or physical functions.

DOC 303.02(24) (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.

DOC 303.02(25) (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.

DOC 303.02(26) (26) “Personally identifiable information” means information that can be associated with a particular individual through one or more identifiers or other information or circumstances.

DOC 303.02(27) (27) “Possession” means on one’s person, in any area to which the inmate has been assigned, or under one’s control.

DOC 303.02(28) (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.

DOC 303.02(29) (29) “Security director” means the security director at an institution or designee.

DOC 303.02(30) (30) “Security threat group” means a group of individuals which threatens, intimidates, coerces or harasses others or which engages in any activity which violates or encourages the violation of statutes, administrative rules or department policy.

DOC 303.02(31) (31) “Serious mental illness” means a diagnosed major mental disorder that is usually characterized by psychotic symptoms, significant functional impairments, or both, including schizophrenia, bipolar disorder, or major depressive disorder.

DOC 303.02(32) (32) “Sexual contact” means any of the following:

DOC 303.02(32)(a) (a) Touching by the intimate parts of one person to any part of another person whether clothed or unclothed.

DOC 303.02(32)(b) (b) Any touching by any part of one person or with any object or device of the intimate parts of another person or any other parts of the body that may result in sexual arousal or gratification for either party.

DOC 303.02(33) (33) “Sexual intercourse” means any penetration, however slight, by the penis into the mouth, vagina, or anus of another person, or any penetration by any part of the body or an object into the anus or vagina of another person.

DOC 303.02(34) (34) “Staff member” or “staff” means a person employed by the department as permanent, project and limited term employee.

DOC 303.02(35) (35) “Stalking” means an act by an inmate with the purpose of causing that person to suffer emotional distress or to fear bodily injury or death of himself or herself or a member of his or her family or household.

DOC 303.02(36) (36) “Substantial bodily harm” means bodily injury that causes a laceration that requires stitches, staples, or a tissue adhesive; any fracture of a bone; a broken nose; a burn; a petechia; a temporary loss of consciousness, sight or hearing; a concussion; or a loss or fracture of a tooth.

DOC 303.02(37) (37) “Substantial involvement” means direct involvement with an alleged infraction, including being a witness or victim or serving as an investigator of an incident.

DOC 303.02(38) (38) “Suffer serious emotional distress” means to feel terrified, intimidated, threatened, harassed, or tormented. For an offense to be proved, it is not required that a victim has received or shall receive treatment from a mental health professional in order to prove that the victim suffered serious emotional distress.

DOC 303.02(39) (39) “Targeted person” means a person who is the subject of stalking. Targeted person may include a close family member, friend, co-worker or household member of the targeted person.

DOC 303.02(40) (40) “Temporary lock up” or “TLU” means a temporary nonpunitive segregated status allowing an inmate to be separated from the general population pending further administrative action.

DOC 303.02(41) (41) “Victim” means a person, other than the actor, against whom a violation under this chapter or a crime has been committed.

DOC 303.02(42) (42) “Warden” means the warden of an institution, or designee.

DOC 303.02(43) (43) “Without consent” means no consent in fact or that consent is given for any of the following reasons:

DOC 303.02(43)(a) (a) Because the actor put the victim in fear.

DOC 303.02(43)(b) (b) Because the actor purported to be acting under legal authority.

DOC 303.02(43)(c) (c) Because the victim did not understand the nature of the act, conduct, or other matter, to which the victim consented.

DOC 303.02(44) (44) “Working days” means all days except Saturdays, Sundays, and state legal holidays.

DOC 303.02 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

DOC 303.03 DOC 303.03 Lesser included offenses.

DOC 303.03(1) (1) If an offense is a lesser included offense of another and the reporting employee charges an inmate with the greater offense, the inmate is also charged with the lesser included offense.

DOC 303.03(2) (2) The hearing officer may find an inmate guilty of a lesser included offense even if the reporting employee did not expressly charge the inmate with the lesser included offense.

DOC 303.03(3) (3) The hearing officer may not find an inmate guilty of 2 offenses or punish the inmate for 2 offenses based on a single incident if one offense is a lesser included offense of the other.

DOC 303.03(4) (4) The hearing officer may not find an offense a lesser included offense of another unless it is so listed in the following table:

DOC 303.03(5) (5) All offenses which are lesser included offenses of a substantive offense are listed in Table DOC 303.03.

DOC 303.03(6) (6) Aiding and abetting, attempt, and conspiracy are lesser included offenses of any offense.

DOC 303.03 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

DOC 303.04 DOC 303.04 Conspiracy.

DOC 303.04(1) (1) If 2 or more inmates or others plan or agree to commit one or more acts which are prohibited under this chapter, all inmates may be guilty of an offense.

DOC 303.04(2) (2) An inmate who plans or agrees with individuals to commit one or more acts which are forbidden under this chapter is guilty of an offense.

DOC 303.04(3) (3) The penalty for conspiracy may be the same as the penalty for the most serious of the planned offenses. See Table DOC 303.72.

DOC 303.04(4) (4) The number used for conspiracy, in recordkeeping and conduct reports, shall be the number of the offense plus the suffix C.

DOC 303.04 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

DOC 303.05 DOC 303.05 Attempt.

DOC 303.05(1) (1) An inmate is guilty of attempt to violate a rule if either of the following is true:

DOC 303.05(1)(a) (a) The inmate planned to commit one or more acts which would have been a rule violation if actually committed.

DOC 303.05(1)(b) (b) The inmate committed one or more acts which showed a plan to violate the rule when the act or acts occurred.

DOC 303.05(2) (2) The number used for attempt, in recordkeeping and conduct reports, shall be the offense’s number plus the suffix A.

DOC 303.05(3) (3) The penalty for an attempt may be the same as for the completed offense. See Table DOC 303.72.

DOC 303.05 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

DOC 303.06 DOC 303.06 Aiding and abetting.

DOC 303.06(1) (1) An inmate who does any of the following is guilty of aiding and abetting a rule violation:

DOC 303.06(1)(a) (a) Directs, requests, or hires another to commit a rule violation.

DOC 303.06(1)(b) (b) Assists another in planning or preparing for a rule violation.

DOC 303.06(1)(c) (c) Assists another during commission of an offense, whether or not the assistance was planned in advance.

DOC 303.06(1)(d) (d) Assists another to prevent discovery of a violation or the identity of the person who committed it.

DOC 303.06(1)(e) (e) Has knowledge of a major violation under this chapter that may also violate a criminal law and fails to report the information to an employee.

DOC 303.06(2) (2) The reporting employee may charge and the disciplinary committee may find an inmate guilty of aiding and abetting even if no one is charged or found guilty of committing the offense. The principal should, if possible, be identified when the inmate is charged.

DOC 303.06(3) (3) The disciplinary committee may impose the same penalty for aiding and abetting as for the substantive offense. See Table DOC 303.72.

DOC 303.06(4) (4) The penalty for aiding and abetting shall be based on an appropriate assessment of the facts and the individual’s involvement and need not be the same for all participants.

DOC 303.06(5) (5) The number used for aiding and abetting, in recordkeeping and conduct reports, shall be the offense’s number plus the suffix B.

DOC 303.06 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

DOC 303.07 DOC 303.07 Department policy.

DOC 303.07(1) (1) Institutions may make specific procedures for the operation of the institution in accordance with department policy. Inmates may be disciplined for violations of department policy, including institution regulations or procedures.

DOC 303.07(2) (2) Each institution shall maintain at least one official method for notifying inmates about notices of general applicability.

DOC 303.07 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

DOC 303.08 DOC 303.08 Notice of disciplinary rules.

DOC 303.08(1) (1) The department shall provide inmates with a copy of this chapter when they enter the prison system.

DOC 303.08(2) (2) The department shall provide notice of any published changes to this chapter.

DOC 303.08 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

DOC 303.09 DOC 303.09 Seizure and disposition of contraband.

DOC 303.09(1) (1) Seizure. Any employee who believes that an item is contraband may seize the item. The institution shall return property which is not contraband to the owner or dispose of the property in accordance with s. DOC 309.20 (4) and department policy.

DOC 303.09(2) (2) Disposition. The hearing officer or security director shall dispose of items in accordance with s. DOC 309.20 (4) and department policy. If an inmate files a complaint under ch. DOC 310 regarding the seizure or disposition of property, the institution shall retain the property until the final decision on the complaint is made in the inmate complaint review system. Contraband funds shall be deposited in the state general fund.

DOC 303.09(3) (3) Inmate reporting. Inmates shall immediately report to staff any property item that becomes damaged.

DOC 303.09 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

DOC 303.10 DOC 303.10 Temporary lock up: use.