Chapter DOC 303

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:

DOC 303.72(7) (7) For those inmates to whom s. 302.113 (2) or 302.113 (3), Stats., applies, the number of days the mandatory release date or term of confinement portion of a bifurcated sentence is extended on one occasion may be based on the number of prior occasions on which the inmate lost good time or had his or her mandatory release date or term of confinement extended but shall not exceed the following:

DOC 303.72(8) (8) TLU time may not be considered as time served for disciplinary disposition purposes.

DOC 303.72 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

DOC 303.73 DOC 303.73 Major penalty: disciplinary separation.

DOC 303.73(1) (1) Conditions. Disciplinary separation may not exceed the period specified in s. DOC 303.72 (2). The hearing officer may impose disciplinary separation for a major offense. The institution shall provide inmates in disciplinary separation all of the following:

DOC 303.73(1)(a) (a) Clean mattress.

DOC 303.73(1)(b) (b) Sufficient light by which to read at least 12 hours per day.

DOC 303.73(1)(c) (c) Sanitary toilet and sink.

DOC 303.73(1)(d) (d) Adequate ventilation and heating.

DOC 303.73(2) (2) Necessities. The institution shall allow the following for each inmate in disciplinary separation, but the items need not be kept in the cell based on safety and security concerns as determined by the warden:

DOC 303.73(2)(a) (a) Adequate clothing and bedding.

DOC 303.73(2)(b) (b) A toothbrush, toothpaste, soap, a towel, a face cloth and a small comb.

DOC 303.73(2)(c) (c) Religious texts.

DOC 303.73(2)(d) (d) Nutritionally adequate meals.

DOC 303.73(3) (3) Other property. The institution may allow inmates in disciplinary separation access to material pertaining to legal proceedings, law books, and other property allowed by department policy.

DOC 303.73(4) (4) Visits and telephone calls. The institution shall permit inmates in disciplinary separation visitation and telephone calls in accordance with ch. DOC 309.

DOC 303.73(5) (5) Correspondence.

DOC 303.73(5)(a) (a) Inmates in disciplinary separation may receive and send first class mail in accordance with these rules and department policy, relating to mail.

DOC 303.73(5)(b) (b) Indigent inmates in disciplinary separation may, upon request, receive writing materials and postage in accordance with s. DOC 309.51 and department policy.

DOC 303.73(6) (6) Showers. The institution shall allow inmates in disciplinary separation to shower at least once every 4 calendar days.

DOC 303.73(7) (7) Services and programs. The institution shall provide social services, psychological and medical services, program opportunities and an opportunity to exercise for an inmate in disciplinary separation, but the institution shall provide these services at the inmate’s cell, unless otherwise authorized by the warden.

DOC 303.73(8) (8) Leaving cell. Inmates in disciplinary separation may not leave their cells except as needed for urgent medical or psychological attention, showers, visits, recreation and emergencies endangering their safety in the cell or other reasons as authorized by the warden. The warden may require inmates in disciplinary separation to wear mechanical restraints, as defined in s. DOC 306.02 (13), while outside their cells.

DOC 303.73(9) (9) Release dates. Release dates are not impacted by disciplinary separation.

DOC 303.73(10) (10) Pay. Inmates in disciplinary separation shall not earn compensation.

DOC 303.73(11) (11) Canteen. Inmates in disciplinary separation may have approved items brought in from the canteen but may not go to the canteen in person.

DOC 303.73(12) (12) Special procedures. Institutions may establish procedures for the orderly operation of facilities for inmates in disciplinary separation.

DOC 303.73(13) (13) Review of disciplinary separation. The warden may review an inmate’s status in disciplinary separation at any time and may place the inmate in the general population at any time. The warden shall review inmates in disciplinary separation at least every 30 days.

DOC 303.73 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15; correction in numbering in (2) to (13) made under s. 13.92 (4) (b) 1., Stats., Register September 2014 No. 705.

DOC 303.74 DOC 303.74 Controlled separation.

DOC 303.74(1) (1) Use. A security supervisor may order into controlled separation any inmate in segregated status who exhibits disruptive, destructive, or out of control behavior. Staff shall not place an inmate in controlled separation unless a conduct report or incident report is written for the conduct giving rise to the use of controlled separation. When the inmate’s behavior is no longer disruptive, destructive, or out of control, a security supervisor shall remove the inmate from controlled separation.

DOC 303.74(1)(a) (a) A security supervisor may not order controlled separation for more than 72 hours.

DOC 303.74(1)(b) (b) The security director may extend the placement if the behavior continues. The security director shall review extensions every 24 hours.

DOC 303.74(2) (2) Conditions.

DOC 303.74(2)(a) (a) The institution shall provide inmates in controlled separation all of the following:

DOC 303.74(2)(a)1. 1. Clean mattress.

DOC 303.74(2)(a)2. 2. Sufficient light by which to read at least 12 hours per day.

DOC 303.74(2)(a)3. 3. Sanitary toilet and sink.

DOC 303.74(2)(a)4. 4. Adequate ventilation and heating.

DOC 303.74(2)(a)5. 5. Clothing consistent with the level of risk.

DOC 303.74(2)(a)6. 6. Essential hygiene supplies.

DOC 303.74(2)(a)7. 7. Nutritionally adequate meals.

DOC 303.74(2)(b) (b) While an inmate is acting in a disruptive manner, the institution shall maintain close control of all property in subd. (a) 1., 5., and 6.

DOC 303.74(3) (3) Visits. Inmates in controlled separation may not receive visits, except from their attorney or with permission from the warden or security director.

DOC 303.74(4) (4) Special rules.

DOC 303.74(4)(a) (a) Inmates in controlled separation may not possess any property in the cell except the property described in sub. (2), letters received while in controlled separation, legal materials, and writing materials as long as the property does not pose a security risk. Institutions may establish procedures for the orderly operation of the facilities for inmates in controlled separation.

DOC 303.74(4)(b) (b) Inmates in controlled separation may not leave their cells except in emergencies endangering their safety in the cell or with permission from the warden or security director. The warden may require inmates in controlled separation to wear mechanical restraints, as defined in s. DOC 306.02 (13), while outside their cells if the use of mechanical restraints is necessary to protect employees or inmates or to maintain the security of the institution.

DOC 303.74(5) (5) Pay. An inmate in controlled separation shall earn compensation if the inmate earned compensation in the previous status.

DOC 303.74(6) (6) Records. Staff shall visually check inmates in controlled separation at least once every 30 minutes and make a written record or log entry at each interval noting the condition of the inmate.

DOC 303.74(7) (7) Credit. The institution shall give an inmate in controlled separation credit toward a term of disciplinary separation during the period of confinement.

DOC 303.74 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

DOC 303.75 DOC 303.75 Referral for prosecution. In addition to enforcing this chapter, the department shall work with local law enforcement and the district attorney so that violations of criminal statutes may be investigated and appropriately referred for prosecution.

DOC 303.75 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

DOC 303.76 DOC 303.76 Uncontested minor disposition.

DOC 303.76(1) (1) Staff may write a conduct report and summarily find an inmate guilty and punish the inmate for minor rule infractions in accordance with this section.

DOC 303.76(2) (2) Before an inmate is found guilty and punished under this section, a staff member shall do the following:

DOC 303.76(2)(a) (a) Inform the inmate of the nature of the alleged infraction and the contemplated disposition.

DOC 303.76(2)(b) (b) Inform the inmate that a supervisor shall review the contemplated disposition, and may impose a different disposition.

DOC 303.76(2)(c) (c) Inform the inmate that the incident may be handled under this section or s. DOC 303.77.

DOC 303.76(2)(d) (d) Inform the inmate that a disposition under this section must be agreed to and is not appealable.

DOC 303.76(3) (3) If the inmate consents to the disposition, the staff shall submit the contemplated disposition to the supervisor for review.

DOC 303.76(3)(a) (a) If the supervisor approves, the inmate shall be notified and sign the conduct report agreeing to the disposition.

DOC 303.76(3)(b) (b) If the supervisor disapproves of the disposition under this section, the supervisor may do one of the following:

DOC 303.76(3)(b)1. 1. Recommend a different disposition.

DOC 303.76(3)(b)2. 2. Refer the alleged infraction for review under s. DOC 303.68.

DOC 303.76(3)(c) (c) If the supervisor approves of a different disposition, the staff shall inform the inmate of the supervisor’s recommendation. The inmate may agree or disagree with the recommended disposition.

DOC 303.76(3)(c)1. 1. If the inmate agrees to the disposition, the inmate shall sign the conduct report.

DOC 303.76(3)(c)2. 2. If the inmate disagrees, the report shall be disposed of under s. DOC 303.77.

DOC 303.76(4) (4) If the matter is not referred for processing under s. DOC 303.77, the staff shall impose the disposition or dispositions approved by the supervisor and agreed to by the inmate in accordance with s. DOC 303.70.

DOC 303.76(5) (5) Staff shall document dispositions under this section in the record indicating the disposition and approval by the supervisor.

DOC 303.76(6) (6) An inmate may not appeal an uncontested minor disposition to which he or she has agreed.

DOC 303.76 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15; correction in (2) (c) made under s. 13.92 (4) (b) 7., Stats., Register September 2014 No. 705.

DOC 303.77 DOC 303.77 Contested minor disposition.