Chapter DOC 303

DOC 303.57 DOC 303.57 Poor personal hygiene.

DOC 303.57(1) (1) Any inmate whose personal hygiene is a health risk to the inmate or others, or is offensive to others, and who has knowledge of this condition and the opportunity to correct it, but does not, is guilty of poor personal hygiene.

DOC 303.57(2) (2) Any inmate who fails to comply with department policy regarding personal hygiene is guilty of poor personal hygiene.

DOC 303.57 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

DOC 303.58 DOC 303.58 Misuse of medication. Any inmate who does any of the following is guilty of misuse of medication:

DOC 303.58(1) (1) Takes more of a prescription medication than prescribed.

DOC 303.58(2) (2) Takes a prescription medication more often than prescribed.

DOC 303.58(3) (3) Takes a prescription medication which was not prescribed for the inmate.

DOC 303.58(4) (4) Possesses or takes any prescription medication except at the time and place specified by the department.

DOC 303.58(5) (5) Improperly stores or disposes of medication.

DOC 303.58(6) (6) Deceives or attempts to deceive staff as to whether medication has been consumed.

DOC 303.58(7) (7) Takes a non-prescribed medication more often than recommended by the medication’s label or health services unit employees.

DOC 303.58(8) (8) Gives to or receives from a person any medication without authorization.

DOC 303.58(9) (9) Uses or takes medication in a manner that is not prescribed or intended.

DOC 303.58 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

DOC 303.59 DOC 303.59 Disfigurement.

DOC 303.59(1) (1) Any inmate who disfigures, cuts, pierces, removes, mutilates, discolors or tattoos any part of his or her or another person’s body, is guilty of disfigurement.

DOC 303.59(2) (2) Any inmate who possesses any item which has been used, altered, or intended to be used to disfigure, cut, pierce, remove, mutilate, discolor, or tattoo is guilty of disfigurement.

DOC 303.59 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

subch. IX of ch. DOC 303 Subchapter IX — Miscellaneous Offenses

DOC 303.60 DOC 303.60 Use of intoxicants.

DOC 303.60(1) (1) Any inmate who takes into the inmate’s body any intoxicating substance, except prescription medication in accordance with the prescription, is guilty of use of intoxicants.

DOC 303.60(2) (2) When a test on an inmate’s body specimen or a physical examination of an inmate indicates use of an intoxicating substance, the inmate is guilty of use of intoxicants. Confirmation tests shall be completed as follows:

DOC 303.60(2)(a) (a) The institution shall confirm results of a test conducted under sub. (2) by a second test if the inmate requests a confirmatory test in accordance with department policy.

DOC 303.60(2)(b) (b) An inmate who requests a confirmatory test shall pay for the cost of the test. If the inmate does not have sufficient funds to pay for the cost of the test, the institution in which the inmate is confined shall loan the inmate the necessary funds. If the confirmatory test does not validate the results of the first test, the institution shall refund any money the inmate contributed to the cost of the confirmatory test.

DOC 303.60(3) (3) An inmate who fails to provide a timely body specimen, refuses to provide a body specimen, submit to a physical examination, or a breathalyzer test, substitutes or attempts to substitute the specimen, or introduces or attempts to introduce a foreign substance into the specimen, is guilty of use of intoxicants.

DOC 303.60 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

DOC 303.61 DOC 303.61 Gambling. Any inmate who gambles, is involved in gambling, or possesses any gambling material is guilty of gambling.

DOC 303.61 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

DOC 303.62 DOC 303.62 Refusal to work or attend school. Any inmate who refuses to perform a work assignment or attend school is guilty of refusal to work or attend school.

DOC 303.62 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

DOC 303.63 DOC 303.63 Inadequate work or school performance. Any inmate whose work fails to meet the standards set for performance on a work assignment, including a work release placement and project crew, or school program, including study release, and who has the ability to meet those standards, or an inmate who fails to follow work or school rules or safety standards, is guilty of inadequate work or school performance.

DOC 303.63 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

DOC 303.64 DOC 303.64 Violating conditions of leave. Any inmate who violates conditions of leave imposed under ch. DOC 326 is guilty of violating conditions of leave.

DOC 303.64 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

subch. X of ch. DOC 303 Subchapter X — Disciplinary Procedure and Penalties

DOC 303.65 DOC 303.65 Disciplinary violation dispositions. The institution may deal with a violation of ss. DOC 303.11 to 303.64 in the following ways:

DOC 303.65(1) (1) If a staff member determines that a conduct report is not required, the staff member may counsel and warn the inmate under s. DOC 303.66.

DOC 303.65(2) (2) The staff member may dispose of a minor violation under s. DOC 303.76 or 303.77.

DOC 303.65(3) (3) Employees may refer any violation to the security director by writing a conduct report as provided under s. DOC 303.67 or an incident report if further investigation is necessary. The security director may deal with these reports as follows:

DOC 303.65(3)(a) (a) Dismiss, alter or correct the conduct report as provided under s. DOC 303.68.

DOC 303.65(3)(b) (b) Refer the matter to a supervisor to be disposed of in accordance with s. DOC 303.76 or 303.77 if the violation is a minor one.

DOC 303.65(3)(c) (c) Refer the matter to a hearing officer to be disposed of in accordance with ss. DOC 303.78, 303.80, or 303.81 if the violation is a major one.

DOC 303.65(3)(d) (d) Assign the report for further investigation.

DOC 303.65(4) (4) The security director may refer violations of criminal law to law enforcement authorities. The institution may continue the disciplinary process under this chapter regardless of action taken by law enforcement.

DOC 303.65(5) (5) If the hearing officer finds an inmate guilty, the hearing officer may refer the inmate to classification to review the inmate’s custody level or location.

DOC 303.65 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

DOC 303.66 DOC 303.66 Offenses that do not require a conduct report.

DOC 303.66(1) (1) The department does not require employees to write conduct reports on all observed violations of the disciplinary rules. Under any of the following conditions, employees may inform the inmate that the inmate’s behavior is against the rules, discuss the inmate’s behavior, offer an informal resolution and give a warning if one of the following applies:

DOC 303.66(1)(a) (a) The inmate is unfamiliar with the rule.

DOC 303.66(1)(b) (b) The inmate has not violated the same or a closely related rule within the previous year, regardless of whether or not a conduct report was issued.

DOC 303.66(1)(c) (c) The inmate is unlikely to repeat the offense if warned and counseled.

DOC 303.66(1)(d) (d) Although the inmate’s acts were a technical violation of a rule, the purposes of this chapter would not be served by writing a conduct report in the particular situation.

DOC 303.66(2) (2) The employee shall write a conduct report if an inmate commits a major offense listed under s. DOC 303.71.

DOC 303.66 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

DOC 303.67 DOC 303.67 Conduct report.

DOC 303.67(1) (1) Except as provided under s. DOC 303.66, any employee who observes or becomes aware of a rule violation shall verify that a violation has occurred and shall write a conduct report. If more than one employee knows of the same incident, only one of them shall write a conduct report.

DOC 303.67(2) (2) In the conduct report, the employee shall describe the facts and list the sections of this chapter which were allegedly violated.

DOC 303.67(3) (3) If more than one conduct report is written for an inmate for the same incident, the institution shall only complete the disciplinary process on one conduct report.

DOC 303.67 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

DOC 303.68 DOC 303.68 Review by security office.

DOC 303.68(1) (1) The security director shall review any conduct report not processed under s. DOC 303.76 or 303.77 within 5 working days and may do any of the following:

DOC 303.68(1)(a) (a) Dismiss a conduct report.

DOC 303.68(1)(b) (b) Strike any section number if the statement of facts could not support a finding of guilty of violating that section.

DOC 303.68(1)(c) (c) Add any section number if the statement of facts could support a finding of guilty of violating that section and the addition is appropriate.

DOC 303.68(1)(d) (d) Refer a conduct report for further investigation.

DOC 303.68(1)(e) (e) Determine whether the conduct report should be processed as a major or minor offense. In deciding whether an alleged violation should be treated as a major or minor offense, the security director shall consider the following criteria and shall indicate in the record of disciplinary action the reason for the decision based on these criteria:

DOC 303.68(1)(e)1. 1. Whether the inmate has previously been found guilty of the same or a similar offense, how often, and how recently.

DOC 303.68(1)(e)2. 2. Whether the inmate has recently been warned about the same or similar conduct.

DOC 303.68(1)(e)3. 3. Whether the alleged violation created a risk of serious disruption at the institution or in the community.

DOC 303.68(1)(e)4. 4. Whether the alleged violation created a risk of serious injury.

DOC 303.68(1)(e)5. 5. The value of the property involved.

DOC 303.68(1)(e)6. 6. Whether the alleged violation created a risk of serious financial impact.

DOC 303.68(1)(e)7. 7. Psychological services input for seriously mentally ill inmates.

DOC 303.68(2) (2) The security office shall treat any alleged violation of a rule which may result in a suspension of visiting or mail privileges under ch. DOC 309, work or study release under ch. DOC 324, or leave under ch. DOC 325 or 326, as a major offense.

DOC 303.68(3) (3) The security office shall treat any conduct report containing at least one charge of a major offense as a major offense, even if it also includes minor offenses.

DOC 303.68(4) (4) The security director shall only process one conduct report for an inmate for the same incident.

DOC 303.68(5) (5) The security director’s decision under sub. (1) is final.

DOC 303.68 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

DOC 303.69 DOC 303.69 Minor offenses. A minor offense is any violation of a disciplinary rule which is not a major offense under s. DOC 303.71 or which the security director has not classified as a major offense.

DOC 303.69 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

DOC 303.70 DOC 303.70 Minor penalties. Minor dispositions are limited to one or more of the following penalties:

DOC 303.70(1) (1) Reprimand. A reprimand is an oral statement to an inmate addressing the inmate’s behavior when the inmate is found guilty of an offense. The hearing officer or supervisor shall only record the reprimand if no other penalty is given.

DOC 303.70(2) (2) Loss of recreation privileges. Recreation privileges include sports and leisure activities outside the cell, either on grounds or off grounds. Recreation privileges may be suspended for a period of time as follows:

DOC 303.70(2)(a) (a) 1 to 60 days for inmates in the general population.

DOC 303.70(2)(b) (b) 1 to 8 days for inmates in disciplinary separation.

DOC 303.70(3) (3) Building confinement. Building confinement is confinement to the building in which the inmate resides. During the period of confinement, the inmate may not leave the building without specific permission. The warden may authorize movement to other areas, including religious services, medical appointments, showers, and visits. Building confinement may be imposed for a period of 1 to 30 days.

DOC 303.70(4) (4) Room or cell confinement. During the hours of confinement, the inmate may not leave the inmate’s assigned living area without specific permission. The warden may authorize movement to other areas, including attendance at religious services, medical appointments, showers, and visits, if these must occur during the hours of confinement. Room or cell confinement may be imposed for a period of 1 to 15 days.

DOC 303.70(5) (5) Loss of privileges. One or more privileges may be suspended for a single offense, including use of inmate electronics, phone calls, participation in off grounds activities, eating meals in the dining area, or canteen privileges. Specified privileges may be suspended for a period of time as follows: