Chapter DOC 310

Ch. DOC 310 Note Note: Chapter DOC 310 as it existed on February 28, 2018 was repealed and a new chapter DOC 310 was created, Register March 26, 2018 No. 747, effective April 1, 2018.

DOC 310.01 DOC 310.01 Purpose and authority.

DOC 310.01(1) (1) The purpose of this chapter is to afford inmates in institutions a process by which grievances may be expeditiously raised, investigated, and decided.

DOC 310.01(2) (2) The inmate complaint review system serves the following objectives:

DOC 310.01(2)(a) (a) To allow inmates to raise in an orderly fashion issues regarding department policies, rules, living conditions, and employee actions that personally affect the inmate or institution environment, including civil rights claims.

DOC 310.01(2)(b) (b) To provide the department an opportunity to resolve the issue before an inmate commences a civil action or special proceeding.

DOC 310.01(2)(c) (c) To encourage communication between inmates and employees.

DOC 310.01(2)(d) (d) To review and explain correctional policy or practice to inmates and employees.

DOC 310.01(2)(e) (e) To identify errors and deficiencies in correctional policy or practice.

DOC 310.01(3) (3) This chapter interprets ss. 301.02 and 301.03 (2), Stats.

DOC 310.01 History History: CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18.

DOC 310.02 DOC 310.02 Applicability.

DOC 310.02(1) (1) This chapter applies to all inmates in the department’s legal custody.

DOC 310.02(2) (2) Inmates may file complaints with the department for matters under the department’s authority.

DOC 310.02(3) (3) Inmates housed in other jurisdictions are required to file complaints with that jurisdiction for all matters under that jurisdiction’s control.

DOC 310.02 History History: CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18.

DOC 310.03 DOC 310.03 Definitions. In this chapter:

DOC 310.03(1) (1) “Calendar week” means Sunday through Saturday.

DOC 310.03(2) (2) “Calendar year” means 12 calendar months beginning January 1 and ending December 31.

DOC 310.03(3) (3) “Complaint record” means ICRS forms and evidence compiled in connection with an ICRS complaint by the ICE or CCE.

DOC 310.03(4) (4) “Corrections complaint examiner” or “CCE” means the employee of the department who is designated by the secretary to process and review complaints appealed to the secretary.

DOC 310.03(5) (5) “Days” means all calendar days including Saturdays, Sundays, and state legal holidays.

DOC 310.03(6) (6) “Department” means the department of corrections.

DOC 310.03(7) (7) “Division” means the division of adult institutions.

DOC 310.03(8) (8) “Employee” means any staff member, an employee of a contract agency, an independent contractor, or a volunteer of the department or an institution.

DOC 310.03(9) (9) “Good cause” means substantial grounds, justification, or reason to take a certain action as determined by the examiner.

DOC 310.03(10) (10) “Inmate complaint review system” or “ICRS” means the process by which complaints filed by inmates of adult correctional institutions are investigated and resolved.

DOC 310.03(11) (11) “Institution” means a correctional institution or correctional facility defined under s. 302.01, Stats.

DOC 310.03(12) (12) “Institution complaint examiner” or “ICE” means the person or persons at each institution designated by the warden to process, investigate, and make recommendations on complaints filed under this chapter.

DOC 310.03(13) (13) “Moot” means any of the following:

DOC 310.03(13)(a) (a) Abstract and not arising from existing facts or rights.

DOC 310.03(13)(b) (b) Already resolved.

DOC 310.03(14) (14) “PREA” means the prison rape elimination act, 42 U.S.C. 15601, et seq. and the standards issued thereunder, 28 C.F.R. Part 115.

DOC 310.03(15) (15) “Reviewing authority” means a person who is authorized to review and decide an inmate complaint.

DOC 310.03(16) (16) “Secretary” means the secretary of the department or designee.

DOC 310.03(17) (17) “Sexual abuse” means the definition given under 28 C.F.R. s. 115.6.

DOC 310.03(18) (18) “Sexual harassment” means the definition given under 28 C.F.R. s. 115.6

DOC 310.03(19) (19) “Staff member” or “staff” means a person employed by the department as a permanent, project, or limited term employee.

DOC 310.03(20) (20) “Warden” means the warden, superintendent, or designee.

DOC 310.03 History History: CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18; correction in (20) made under s. 35.17, Stats, Register March 2018, No. 747.

DOC 310.04 DOC 310.04 Inmate complaint review system.

DOC 310.04(1) (1) The department shall maintain an inmate complaint review system that shall be accessible to all inmates in institutions. The department shall do all of the following:

DOC 310.04(1)(a) (a) Provide access to written notification of the complaint procedures to inmates.

DOC 310.04(1)(b) (b) Provide each inmate written or oral explanation of the complaint procedures.

DOC 310.04(1)(c) (c) Provide an inmate the opportunity to ask and have questions answered relating to the complaint procedure.

DOC 310.04(1)(d) (d) Provide complaint and appeal forms.

DOC 310.04(1)(e) (e) Permit an inmate to seek assistance to file a complaint.

DOC 310.04(1)(f) (f) Not subject an inmate to retaliation for participation in the ICRS.

DOC 310.04(1)(g) (g) Allow an inmate to pursue a complaint of retaliation through the ICRS.

DOC 310.04(1)(h) (h) Review and investigate inmate complaints.

DOC 310.04(2) (2) Inappropriate use of the ICRS per s. DOC 310.07 (4) may be subject to discipline under ch. DOC 303.

DOC 310.04(3) (3) The warden shall designate an employee to function as an institution complaint examiner or to assist in the process.

DOC 310.04 History History: CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18; correction in (2) made under s. 35.17, Stats., Register March 2018.

DOC 310.05 DOC 310.05 Exhaustion of administrative remedies. Before an inmate may commence a civil action or special proceedings, the inmate shall exhaust all administrative remedies the department has promulgated by rule.

DOC 310.05 History History: CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18.

DOC 310.06 DOC 310.06 Scope of complaint review system.

DOC 310.06(1) (1) An inmate may use the ICRS to raise issues regarding policies, rules, living conditions, or employee actions that personally affect the inmate or institution environment.

DOC 310.06(2) (2) An inmate may raise issues, including civil rights claims, through the ICRS regarding classification, disciplinary actions, administrative confinement, or request for qualified leave, and decisions regarding requests to authorize new religious practice or religious property only after exhausting any of the following, as appropriate:

DOC 310.06(2)(a) (a) The classification administrative review process under ch. DOC 302.

DOC 310.06(2)(b) (b) The disciplinary appeal process under ch. DOC 303.

DOC 310.06(2)(c) (c) The administrative confinement review process under ch. DOC 308.

DOC 310.06(2)(d) (d) A request for qualified leave process under ch. DOC 326.

DOC 310.06(2)(e) (e) A review process designated by the department for the request of new religious practice or property.

DOC 310.06(3) (3) An inmate may not use the ICRS to challenge any of the following:

DOC 310.06(3)(a) (a) A complaint or submission returned under the provisions of s. DOC 310.09 (3) or 310.12 (4) (a) to (e).

DOC 310.06(3)(b) (b) A parole commission decision.

DOC 310.06(3)(c) (c) A classification decision.

DOC 310.06(3)(d) (d) Records or actions not originated by the division.

DOC 310.06(3)(e) (e) The declination or denial of a public record request.

DOC 310.06(3)(f) (f) The content of health care records.

DOC 310.06(3)(g) (g) Actions of the legislature.

DOC 310.06(3)(h) (h) Court decisions or orders.

DOC 310.06 History History: CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18; correction in (3) (a) made under s. 35.17, Stats., Register March 2018 No. 747.

DOC 310.07 DOC 310.07 Filing of complaints.

DOC 310.07(1) (1) Prior to filing a formal complaint, an inmate shall attempt to resolve the issue by following the designated process specific to the subject of the complaint. The ICE may request inmates to provide evidence of having followed the specified process.

DOC 310.07(2) (2) An inmate shall file a complaint within 14 days after the occurrence giving rise to the complaint. At the discretion of the ICE, a late complaint may be accepted for good cause. An inmate shall request to file a late complaint in the written complaint and explicitly provide the reason for the late filing.

DOC 310.07(3) (3) Each complaint shall meet all of the following requirements:

DOC 310.07(3)(a) (a) Be submitted on a complaint form provided by the department.

DOC 310.07(3)(b) (b) Be legibly handwritten or typed.

DOC 310.07(3)(c) (c) Be filed only under the name by which the inmate was committed to the department or the legal name granted by a court.

DOC 310.07(3)(d) (d) Include the inmate’s original signature.

DOC 310.07(3)(e) (e) Not exceed 500 words total and not exceed two pages.

DOC 310.07(3)(f) (f) Provide relevant supporting documentation, which may be accepted at the discretion of the ICE.

DOC 310.07(4) (4) A complaint will not be processed and a referral for disciplinary action may occur in accordance with ch. DOC 303 if the complaint contains any of the following:

DOC 310.07(4)(a) (a) Obscene, profane, abusive, or threatening language unless such language is necessary to describe the factual basis of the complaint.

DOC 310.07(4)(b) (b) A foreign substance.

DOC 310.07(5) (5) Each complaint may contain only one clearly identified issue.

DOC 310.07(6) (6) A complaint must contain sufficient information for the department to investigate and decide the complaint.

DOC 310.07(7) (7) An inmate may not file more than one complaint per calendar week except that any of the following are not subject to the filing restrictions contained in this paragraph: