Chapter DOC 303

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.

DOC 303.77(1) (1) Staff may process a conduct report for a minor rule infraction in accordance with this section when an inmate refuses to accept an uncontested minor disposition.

DOC 303.77(2) (2) Staff shall do all of the following:

DOC 303.77(2)(a) (a) Inform the inmate of the nature of the alleged infraction.

DOC 303.77(2)(b) (b) Offer the inmate an opportunity to provide a statement. Staff shall document the inmate’s statement on the appropriate form.

DOC 303.77(2)(c) (c) Inform the inmate the conduct report and the inmate’s statement shall be forwarded to the supervisor for review and determination of disposition.

DOC 303.77(3) (3) The supervisor shall review the conduct report and inmate’s statement, render a decision and notify the inmate within 5 working days.

DOC 303.77(4) (4) If there is a finding of guilt, the supervisor shall impose one or more dispositions in accordance with s. DOC 303.70.

DOC 303.77 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

DOC 303.78 DOC 303.78 Uncontested major disposition.

DOC 303.78(1) (1) An employee may write a conduct report and a supervisor may summarily find an inmate guilty and discipline the inmate for major rule infractions in accordance with this section.

DOC 303.78(2) (2) Before an inmate is found guilty and disciplined under this section, a supervisor shall do all of the following:

DOC 303.78(2)(a) (a) Inform the inmate of the nature of the alleged infraction and the contemplated disposition.

DOC 303.78(2)(b) (b) Inform the inmate that the security director shall review the contemplated disposition, and may impose a different disposition.

DOC 303.78(2)(c) (c) Inform the inmate that a disposition under this section must be agreed to and is not appealable.

DOC 303.78(3) (3) If the inmate consents to the disposition, the supervisor shall submit the contemplated disposition to the security director for review.

DOC 303.78(3)(a) (a) If the security director approves the disposition under this section, the inmate shall be notified and sign the conduct report agreeing to the disposition.

DOC 303.78(3)(b) (b) If the security director disapproves of the disposition under this section, the security director may do one of the following:

DOC 303.78(3)(b)1. 1. Recommend a different disposition.

DOC 303.78(3)(b)2. 2. Refer the alleged infraction for review under s. DOC 303.68.

DOC 303.78(3)(c) (c) If the security director approves of a different disposition, the supervisor shall inform the inmate of the security director’s recommended disposition. The inmate may agree or disagree with the recommended disposition.

DOC 303.78(3)(c)1. 1. If the inmate agrees to the disposition, the inmate shall sign the conduct report.

DOC 303.78(3)(c)2. 2. If the inmate disagrees, the report shall be disposed of under s. DOC 303.80.

DOC 303.78(4) (4) The supervisor shall document dispositions under this section in the record, indicating the disposition and approval by the security director.

DOC 303.78(5) (5) An inmate may not appeal an uncontested major disposition to which he or she has agreed.

DOC 303.78 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

DOC 303.79 DOC 303.79 Hearing officer.

DOC 303.79(1) (1) The warden shall assign a hearing officer to conduct a hearing.

DOC 303.79(2) (2) The warden may assign a committee to conduct a hearing. No more than three staff may be assigned. One member of the committee shall be a hearing officer.

DOC 303.79(3) (3) No person who has substantial involvement in the incident which is the subject of a hearing may serve as a hearing officer or committee member for that hearing. The hearing officer shall determine the subject matter of the hearing in advance in order to allow substitution of a hearing officer or committee member.

DOC 303.79(4) (4) A hearing officer may hold a hearing even if the inmate has waived due process.

DOC 303.79 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

DOC 303.80 DOC 303.80 Contested major disposition.

DOC 303.80(1) (1) Notice. When an inmate is alleged to have committed a major violation and the security director has reviewed the conduct report pursuant to s. DOC 303.68, staff shall give the inmate a copy of the conduct report within 2 working days after review. At any time prior to the hearing, the security director may amend the conduct report to either correct or add information or evidence to be considered at the hearing. The institution shall inform the inmate of all of the following:

DOC 303.80(1)(a) (a) The rules which the inmate is alleged to have violated.

DOC 303.80(1)(b) (b) The potential dispositions that may be imposed or other results that may occur, including removal from programming or work release.