Chapter DOC 308

Chapter DOC 308

ADMINISTRATIVE CONFINEMENT

DOC 308.01   Purpose.

DOC 308.02   Applicability.

DOC 308.03   Definitions.

DOC 308.04   Administrative confinement.

Ch. DOC 308 Note Note: Chapter HSS 308 was renumbered Chapter DOC 308 and revised under s. 13.93 (2m) (b) 1., 2., 6. and 7., Stats., Register, April, 1990, No. 412.

DOC 308.01 DOC 308.01 Purpose. The purpose of this chapter is to provide for an involuntary nonpunitive status for the segregated confinement of an inmate whose continued presence in general population poses a serious threat to life, property, self, staff, or other inmates, or to the security of the institution.

DOC 308.01 History History: Cr. Register, April, 1981, No. 304, eff. 5-1-81; am. Register, June, 1998, No. 510, eff. 7-1-98.

DOC 308.02 DOC 308.02 Applicability. Pursuant to authority vested in the department under ss. 227.11 (2), 301.02 and 301.03, Stats., the department adopts this chapter which applies to the department and all adult inmates in its legal custody. It interprets ss. 302.07 and 302.08, Stats.

DOC 308.02 History History: Cr. Register, April, 1981, No. 304, eff. 5-1-81; correction made under s. 13.93 (2m) (b) 7., Stats; Register, June, 1987, No. 378.

DOC 308.03 DOC 308.03 Definitions. In this chapter:

DOC 308.03(1) (1) “Administrative confinement review committee” or “ACRC” means the administrative confinement review committee appointed by the warden, consisting of 3 members, one of which shall be from security, one from treatment, and at least one member shall be a supervisor who will serve as the hearing officer.

DOC 308.03(2) (2) “Administrator” means the administrator of the division of adult institutions, department of corrections, or designee.

DOC 308.03(3) (3) “Department” means the department of corrections.

DOC 308.03(4) (4) “Disturbance” means a riot or other disturbance to institutional order caused by a group of 2 or more inmates that may include one of the following:

DOC 308.03(4)(a) (a) An assault on any person by 2 or more inmates.

DOC 308.03(4)(b) (b) The taking of one or more hostages.

DOC 308.03(4)(c) (c) The destruction of state property or the property of another by 2 or more inmates.

DOC 308.03(4)(d) (d) The refusal by 2 or more inmates, acting in concert, to comply with an order.

DOC 308.03(5) (5) “Division” means the division of adult institutions, department of corrections.

DOC 308.03(7) (7) “Misconduct” means behavior in violation of state or federal statutes or the administrative rules of the department.

DOC 308.03(8m) (8m) “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 departmental policy.

DOC 308.03(9) (9) “Street gang” means a group of people, outside the institution, which threatens, intimidates, coerces, or harasses other people or engages in activities that intentionally violate or encourage the intentional violation of federal statutes, state statutes or administrative rules, county or municipal ordinances or resolutions, or institutional policies or procedures.

DOC 308.03(10) (10) “Warden” means the warden at an institution, or designee.

DOC 308.03 History History: Cr. Register, April, 1981, No. 304, eff. 5-1-81; renum. (1), (3), (4), (6) to be (3), (5), (7), (10), and am. (5) and (10), cr., (1), (4), (6), (8) and (9), am. (2), Register, June, 1998, No. 510, eff. 7-1-98; CR 11-022: am. (4) (intro.), (b), (d), r. (6), (8) cr. (8m) Register September 2014 No. 705, eff. 1-1-15.

DOC 308.04 DOC 308.04 Administrative confinement.

DOC 308.04(1) (1) Administrative confinement is an involuntary nonpunitive status for the segregated confinement of an inmate whose continued presence in general population poses a serious threat to life, property, self, staff, or other inmates, or to the security or orderly running of the institution. Inmate misconduct shall be handled through the disciplinary procedures.

DOC 308.04(2) (2) An inmate may be placed in administrative confinement for any of the following reasons:

DOC 308.04(2)(a) (a) The inmate presents a substantial risk to another person, self, or institution security as evidenced by a behavior or a history of homicidal, assaultive or other violent behavior or by an attempt or threat to cause that harm.

DOC 308.04(2)(b) (b) The inmate’s presence in the general population poses a substantial risk to another person, self or institution security.

DOC 308.04(2)(c) (c) The inmate’s activity gives a staff member reason to believe that the inmate’s continued presence in general population will result in a riot or a disturbance.

DOC 308.04(2)(d) (d) The inmate has been identified as having an active affiliation with an inmate gang or street gang or there are reasonable grounds to believe that the inmate has an active affiliation with an inmate gang or street gang; and there is reason to believe that the inmate’s continued presence in the general population will result in a riot or a disturbance.

DOC 308.04(3) (3) An inmate may be placed in administrative confinement only after a review by the administrative confinement review committee in accordance with this section. An inmate may be placed in administrative confinement from the general population or any form of segregation and may be confined in temporary lockup or TLU in accordance with the departmental rules, pending a review according to this section.

DOC 308.04(4) (4) An inmate shall be given written notice of the review which shall include all of the following:

DOC 308.04(4)(a) (a) The reason under sub. (2)that administrative confinement is considered necessary.

DOC 308.04(4)(b) (b) The evidence to be considered at the review.

DOC 308.04(4)(c) (c) The sources of information relied upon unless the disclosure would threaten personal safety or institution security.

DOC 308.04(4)(d) (d) An explanation of the possible consequences of any decision.

DOC 308.04(4)(e) (e) An explanation of the inmate’s rights at a review which include all of the following:

DOC 308.04(4)(e)1. 1. The right to be present at the review.

DOC 308.04(4)(e)2. 2. The right to deny the allegation.

DOC 308.04(4)(e)3. 3. The right to present documentary evidence.

DOC 308.04(4)(e)4. 4. The right to present and question witnesses in accordance with sub. (7) and the hearing procedures for major disciplinary offenses. In the case that the witness is a confidential informant, then sub. (5) shall apply.

DOC 308.04(4)(e)5. 5. The right to assistance of a staff representative in accordance with s. DOC 303.83.

DOC 308.04(4)(e)6. 6. The right to receive a written decision, stating the reasons for it based upon the evidence.

DOC 308.04(4)(e)7. 7. The right to appeal the finding.

DOC 308.04(4)(f) (f) The date, time, and place of the review and an order that the inmate appear at the review.

DOC 308.04(5) (5) 

DOC 308.04(5)(a) (a) If a witness is a confidential informant, a designated security staff member shall do all of the following:

DOC 308.04(5)(a)1. 1. Investigate to determine whether testifying would pose a significant risk of bodily injury to the witness.

DOC 308.04(5)(a)2. 2. Attempt to obtain a signed statement under oath from the witness and determine that the statement is corroborated in accordance with s. DOC 303.84 (5) if the designated staff member finds a significant risk of bodily injury.

DOC 308.04(5)(a)3. 3. Prepare a summary of the signed, corroborated statement to avoid revealing the identity of the witness.

DOC 308.04(5)(a)4. 4. Deliver a copy of the summary to the inmate and the ACRC hearing officer.

DOC 308.04(5)(b) (b) The summary of the statement of the confidential informant may be considered as evidence.

DOC 308.04(5)(c) (c) The ACRC hearing officer shall have access to the original signed statement and may question the confidential informant if the confidential informant is available.

DOC 308.04(5)(d) (d) The original signed statement shall be available to the warden or administrator for review.

DOC 308.04(5)(e) (e) The original signed statement shall be kept in a restricted department file.

DOC 308.04(6) (6) The review shall take place not sooner than 2 days and not later than 21 days after service of notice to the inmate. The inmate may waive these time limits in writing. The administrative confinement hearing officer may extend the time limit upon written request from the inmate for good cause. The time limits will be tolled during any time the inmate is unavailable.

DOC 308.04(7) (7) At the review, all of the following shall occur:

DOC 308.04(7)(a) (a) The reason for placing the inmate in administrative confinement shall be read aloud.

DOC 308.04(7)(b) (b) All witnesses for or against the inmate, including the inmate and the staff member who recommended the placement, shall have a chance to speak.

DOC 308.04(7)(c) (c) The ACRC hearing officer may require medical or physical evidence to be offered.

DOC 308.04(7)(d) (d) The ACRC hearing officer may permit direct questions or require the inmate or the inmate’s advocate, if any, to submit questions to the ACRC hearing officer to be asked of the witnesses.

DOC 308.04(7)(e) (e) Repetitive, disrespectful, or irrelevant questions may be forbidden.

DOC 308.04(8) (8) All of the following shall occur after the review:

DOC 308.04(8)(a) (a) The ACRC shall deliberate in private considering only the evidence presented to it that supports or refutes the need for administrative confinement and the inmate’s records.

DOC 308.04(8)(b) (b) The ACRC shall decide whether the evidence and the records support the need for administrative confinement and, if so, shall order the placement.

DOC 308.04(8)(c) (c) If the vote is not unanimous, the record, with the views of each ACRC member, shall be forwarded to the warden for a decision.

DOC 308.04(8)(d) (d) The record, except portions regarding the identities of sources of information or containing statements or evidence that could, upon disclosure, threaten personal safety or institution security, shall be shared with the inmate who may make known any additional relevant information in writing to the warden.

DOC 308.04(8)(e) (e) The reasons for the decisions of the ACRC and warden shall be based upon the evidence and given to the inmate in writing.

DOC 308.04(9) (9) An inmate may appeal the ACRC’s decision to the warden within 10 days of the date of the decision and again to the administrator within 10 days of the date of the warden’s decision.

DOC 308.04(10) (10) An inmate’s progress in administrative confinement shall be reviewed by the ACRC at least every 6 months following the procedures for review under this section. Monthly progress shall be reviewed consistent with the review of disciplinary separation as outlined in s. DOC 303.73 (13).

DOC 308.04(11) (11) If an inmate has been in administrative confinement for 12 months or longer, the warden and administrator shall do all of the following:

DOC 308.04(11)(a) (a) Automatically review a decision by the ACRC to continue the inmate’s confinement in this status.

DOC 308.04(11)(b) (b) Affirm, reverse, or remand the decision within 10 working days of the earlier decision. A decision to affirm, reverse, or remand the earlier decision shall state the reasons for it based on the evidence. A failure to issue a decision within the time allotted shall constitute an affirmance of the earlier decision.

DOC 308.04(11)(c) (c) Send a copy of the warden’s and administrator’s decision to the ACRC and inmate. The decision of the warden and administrator is final except that the inmate may challenge any procedural [errors] through the inmate complaint review system under ch. DOC 310.

DOC 308.04(12) (12) While in administrative confinement, an inmate: