Chapter DOC 303

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:

DOC 303.70(5)(a) (a) 1 to 60 days for inmates in general population.

DOC 303.70(5)(b) (b) 1 to 8 days for inmates in disciplinary separation.

DOC 303.70(6) (6) Assignments without pay. An inmate may be required to work or attend school for up to 80 hours without pay. Work assignments under this provision may be in addition to current assignments.

DOC 303.70(7) (7) Restitution. Full or partial restitution may be imposed as a penalty. Restitution is payment to reimburse any person or organization which has incurred expenses or sustained loss by reason of the inmate’s violation of ch. DOC 303 or the violation of ch. DOC 303 by those with whom the inmate acted, including the replacement cost of property, the expenses for medical goods and services, the costs of apprehending, holding, and return of an escaped inmate or inmates, and the costs of investigation of the violation of this chapter. Restitution may be taken from an inmate’s account or from any other assets of the inmate. If the inmate has insufficient assets to pay the ordered restitution in full at the time of the hearing, his or her obligation to pay the restitution shall remain in full force and effect until the time it has been paid in full. Transfer to another institution, release from incarceration, or release from custody of the department shall not terminate the inmate’s obligation to pay ordered restitution. When the amount of restitution is unknown at the time of the hearing, the hearing officer may impose an estimated maximum restitution amount. If the actual amount of restitution is less than the estimated amount, only the actual amount shall be assessed. Restitution may not exceed the estimated amount.

DOC 303.70(8) (8) Secure work crews. The hearing officer may give uncompensated secure work crew assignments under ch. DOC 304 as a minor disciplinary sanction to inmates.

DOC 303.70 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

DOC 303.71 DOC 303.71 Major offenses.

DOC 303.71(1) (1) A major offense is a violation of a disciplinary rule for which a major penalty may be imposed.

DOC 303.71(2) (2) Any violation of the following sections is a major offense:

DOC 303.71(3) (3) Except for an offense listed under sub. (2), an offense may be designated by the security director as either a major or a minor offense under s. DOC 303.68 (1) (e).

DOC 303.71 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

DOC 303.72 DOC 303.72 Major penalties.

DOC 303.72(1) (1) A major disposition must include one or more of the following and may include one or more of the penalties under s. DOC 303.70:

DOC 303.72(1)(a) (a) Extension of release date for inmates under one of the following:

DOC 303.72(1)(a)1. 1. Loss of good time for an inmate who is eligible for credit under s. 53.11 or 53.12, 1981 Stats.

DOC 303.72(1)(a)2. 2. Extension of the mandatory release date for an inmate who is eligible for mandatory release under s. 302.11, Stats.

DOC 303.72(1)(a)3. 3. Extension of extended supervision date for an inmate who is eligible for release under s. 302.113 (3), Stats.

DOC 303.72(1)(b) (b) Disciplinary separation under s. DOC 303.73.

DOC 303.72(1)(c) (c) Room or cell confinement of 16 to 30 calendar days.

DOC 303.72(1)(d) (d) Loss of recreation privileges for more than 60 calendar days for inmates in the general population.

DOC 303.72(1)(e) (e) Loss of out of cell recreation privileges for more than 8 calendar days for inmates in disciplinary separation.

DOC 303.72(1)(f) (f) Building confinement for more than 30 calendar days.

DOC 303.72(1)(g) (g) Loss of specific privileges for more than 60 calendar days for inmates in the general population.

DOC 303.72(1)(h) (h) Loss of specific privileges for more than 8 calendar days for inmates in disciplinary separation.

DOC 303.72(2) (2) The maximum disposition which may be imposed is the most severe disposition the inmate could receive for any individual offense of which the inmate is found guilty. The disposition may not exceed the schedule of penalties in Table DOC 303.72.

DOC 303.72(3) (3) Disciplinary separation shall be given for a specific term of 1 to 30 days, and thereafter in increments of 30 days not to exceed the maximum penalty under Table DOC 303.72.

DOC 303.72(4) (4) More than one minor or major disposition may be imposed for a single offense and both a major and minor disposition may be imposed for a major offense.

DOC 303.72(5) (5) Loss of accumulated good time or extension of the mandatory release or extended supervision date may be imposed as a disposition only where the violation is listed as a major offense under s. DOC 303.71 or is designated as a major offense by the security director under s. DOC 303.68.

DOC 303.72(6) (6) For those inmates to whom s. 53.11 or 53.12, 1981 Stats., applies, the number of days of good time lost on one occasion may be based on the number of prior occasions on which the inmate lost good time but shall not exceed the following: