Chapter DOC 310

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:

DOC 310.07(7)(a) (a) Complaints regarding the inmate’s health and personal safety.

DOC 310.07(7)(b) (b) Complaints made under PREA.

DOC 310.07(8) (8) An inmate shall submit a signed complaint by placing it in a receptacle designated for complaints or by submitting it to the ICE office through institution or USPS mail.

DOC 310.07(9) (9) If an inmate is transferred after an incident but before filing a complaint, the inmate shall file a complaint related to the incident at the currently assigned institution. The ICE shall refer the complaint to the ICE at the appropriate institution for investigation and reviewing authority decision. If the transfer is to a contracted facility, the inmate shall file the complaint with the institution where the issue arose.

DOC 310.07(10) (10) Inmates shall file complaints with the institution where the incident occurred.

DOC 310.07(11) (11) The ICE may waive any requirements under this section for good cause.

DOC 310.07 History History: CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18.

DOC 310.08 DOC 310.08 PREA complaint procedure. An inmate may file a complaint alleging sexual abuse using the procedures under this chapter. The following provisions apply to complaints alleging sexual abuse or sexual harassment:

DOC 310.08(1) (1) Notwithstanding s. DOC 310.07 (2), an inmate may file a complaint regarding sexual abuse or sexual harassment at any time. If a portion of the complaint alleges an issue that does not relate to sexual abuse or sexual harassment, the time limits under s. DOC 310.07 apply.

DOC 310.08(2) (2) Notwithstanding s. DOC 310.07 (1) or (8), an inmate is not required to attempt to resolve the issue with the staff member who is the subject of the complaint or to file a complaint regarding sexual abuse or sexual harassment with the staff member who is the subject of the complaint. The inmate may use an alternative method of filing, including submission of the complaint directly to the warden.

DOC 310.08(3) (3) Complaints filed under this section will be referred for a PREA investigation. Department policy shall address the requirements that investigations regarding allegations of sexual abuse or sexual harassment be completed within established time frames.

DOC 310.08(4) (4) Third parties, including fellow inmates, staff members, family members, attorneys, and outside advocates, shall be permitted to assist an inmate in filing a request for administrative remedies relating to allegations of sexual abuse or sexual harassment and shall also be permitted to file such requests on behalf of inmates. Requests for administrative remedies filed under this section will be referred for a PREA investigation.

DOC 310.08(5) (5) Emergency grievance procedures for complaints alleging a substantial risk of imminent sexual abuse or sexual harassment will be handled in the following manner:

DOC 310.08(5)(a) (a) The inmate may contact any staff member who is not the subject of the allegation for immediate corrective action.

DOC 310.08(5)(b) (b) The inmate may file a complaint. Complaints collected under s. DOC 310.08 shall be immediately forwarded to the warden to determine if immediate action is warranted.

DOC 310.08(5)(c) (c) Reports of substantial risk of imminent sexual abuse or sexual harassment outside of the complaint process under this chapter shall be immediately forwarded to the warden to determine if immediate action is warranted.

DOC 310.08(5)(d) (d) Further response will be in accordance with department policy.

DOC 310.08(6) (6) The warden may discipline an inmate for filing a complaint related to alleged sexual abuse or sexual harassment only if the warden demonstrates that the inmate filed the complaint in bad faith.

DOC 310.08(7) (7) Time frames are waived for PREA related complaints, this does not apply to PREA related complaint appeals.

DOC 310.08 History History: CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18.

DOC 310.09 DOC 310.09 Filing of complaint appeal.

DOC 310.09(1) (1) An inmate may appeal the reviewing authority decision to the CCE within 14 days after the date of the decision or if the inmate does not receive a decision 45 days after the date the ICE enters the complaint.

DOC 310.09(2) (2) Appeals shall meet all of the following requirements:

DOC 310.09(2)(a) (a) Be submitted on a form provided by the department.

DOC 310.09(2)(b) (b) Be legibly handwritten or typed.

DOC 310.09(2)(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 310.09(2)(d) (d) Include the inmate’s original signature.

DOC 310.09(2)(e) (e) Not exceed 500 words total and not exceed two pages.

DOC 310.09(2)(f) (f) Provide relevant supporting documentation, which may be accepted at the discretion of the CCE.

DOC 310.09(2)(g) (g) Be limited to the issue raised in the original complaint.

DOC 310.09(3) (3) An appeal 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 310.09(3)(a) (a) Obscene, profane, abusive, or threatening language unless such language is necessary to describe the factual basis of the complaint.

DOC 310.09(3)(b) (b) A foreign substance.

DOC 310.09 History History: CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18.

DOC 310.10 DOC 310.10 Processing complaints.

DOC 310.10(1) (1) The ICE shall collect and date stamp all complaints with the date collected.

DOC 310.10(2) (2) The ICE shall accept the complaint, return the complaint in accordance with sub. (5), or reject the complaint in accordance with sub. (6).

DOC 310.10(3) (3) The ICE shall assign a file number and classification code to an accepted or rejected complaint.

DOC 310.10(4) (4) The ICE shall give written notice to the inmate within 10 days of collection that the complaint has been received.

DOC 310.10(5) (5) The ICE may return a complaint within 10 days if it does not meet the criteria under s. DOC 310.07 (1), (3), (4), and (5) to permit the inmate to resubmit the complaint after correcting issues noted by the ICE. Inmates shall be given one opportunity to correct and resubmit a returned complaint. The ICE shall grant 10 days for receipt of the corrected complaint.

DOC 310.10(6) (6) The ICE may reject a complaint for the following reasons:

DOC 310.10(6)(a) (a) The inmate submitted the complaint solely for the purpose of harassing or causing a person to suffer emotional distress or to fear bodily injury.

DOC 310.10(6)(b) (b) The inmate does not raise an issue regarding policies, rules, living conditions, or employee actions that personally affect the inmate or institution environment.

DOC 310.10(6)(c) (c) The issue lacks merit or is otherwise frivolous.

DOC 310.10(6)(d) (d) The inmate does not provide sufficient information to support a complaint.

DOC 310.10(6)(e) (e) The inmate submitted the complaint beyond 14 days after the date of the occurrence giving rise to the complaint and provides no good cause for the ICE to extend the time limits.

DOC 310.10(6)(f) (f) The issue is moot.

DOC 310.10(6)(g) (g) The issue has already been addressed through the inmate’s prior use of the ICRS.

DOC 310.10(6)(h) (h) The complaint contains obscene, profane, abusive, or threatening language unless such language is necessary to describe the factual basis of the substance of the complaint.

DOC 310.10(6)(i) (i) The complaint contains a foreign substance, in which case all of the following apply:

DOC 310.10(6)(i)1. 1. Complaints that contain a foreign substance will not be included in the complaint record and will be disposed of in accordance with institution procedure.

DOC 310.10(6)(i)2. 2. Inmates who submit a complaint containing a foreign substance may be subject to disciplinary action in accordance with ch. DOC 303.

DOC 310.10(7) (7) The ICE shall have full access to the institution, inmates, employees, and department records to investigate the complaint.

DOC 310.10(8) (8) The ICE shall give priority to complaints dealing with health or personal safety.

DOC 310.10(9) (9) The ICE shall either reject the complaint or send a recommendation to the appropriate reviewing authority within 30 days from the date of receipt.

DOC 310.10(10) (10) An inmate may appeal a rejected complaint within 10 days to the appropriate reviewing authority who shall only review the basis for the rejection of the complaint. The reviewing authority’s decision is final.

DOC 310.10(11) (11) The complaint record shall include the names of persons interviewed and evidence that is relevant, material, and not repetitious.

DOC 310.10(12) (12) The ICE may recommend to the reviewing authority that the complaint be affirmed or dismissed in whole or in part.

DOC 310.10 History History: CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18.

DOC 310.11 DOC 310.11 Reviewing authority decision.

DOC 310.11(1) (1) The reviewing authority shall make a decision within 15 days following receipt of the recommendation under s. DOC 310.10 (12) or appeal of a rejected complaint.

DOC 310.11(2) (2) The reviewing authority shall affirm or dismiss the complaint in whole or in part or return the complaint to the ICE for further investigation.

DOC 310.11(3) (3) If the inmate does not receive a decision within 45 days after the date of acknowledgement under s. DOC 310.10 (4), the inmate may appeal to the CCE.

DOC 310.11 History History: CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18.

DOC 310.12 DOC 310.12 Review by corrections complaint examiner.

DOC 310.12(1) (1) An inmate may appeal the reviewing authority decision within 14 days after the date of the decision by filing a typed or legibly printed request for review with the CCE on forms supplied for that purpose. The institution shall make these forms accessible to inmates.

DOC 310.12(2) (2) The CCE may accept, return, or recommend rejection of an appeal or complaint.

DOC 310.12(3) (3) The CCE will only address issues raised in the original complaint.

DOC 310.12(4) (4) The CCE shall return an appeal if any of the following apply:

DOC 310.12(4)(a) (a) An original complaint has not been filed except as provided under s. DOC 310.08.

DOC 310.12(4)(b) (b) The complaint has been rejected.

DOC 310.12(4)(c) (c) The appeal is premature.

DOC 310.12(4)(d) (d) The appeal does not list the complaint file number or contains more than one complaint file number.

DOC 310.12(4)(e) (e) The appeal does not meet the criteria listed under s. DOC 310.10.

DOC 310.12(5) (5) The CCE may recommend rejection of an appeal not filed in accordance with s. DOC 310.09.

DOC 310.12(6) (6) Upon good cause as determined by the CCE, an appeal filed later than 14 days after the date of the reviewing authority decision may be accepted.

DOC 310.12(7) (7) The CCE shall have full access to the institution, inmates, employees, and department records to investigate the appeal.

DOC 310.12(8) (8) The CCE shall give priority to health or personal safety complaints.

DOC 310.12(9) (9) For all accepted appeals, the CCE shall recommend that the reviewing authority decision be affirmed or dismissed, in whole or in part, and send its recommendation to the secretary within 45 days of receipt of the appeal. The CCE may extend the time for submitting a recommendation with notice provided to the inmate.

DOC 310.12 History History: CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18.

DOC 310.13 DOC 310.13 Secretary’s decision.

DOC 310.13(1) (1) The secretary shall make a decision within 45 days following receipt of the CCE’s recommendation. The secretary may extend the time for making a decision for good cause with notice provided to the inmate.

DOC 310.13(2) (2) The secretary shall affirm or dismiss the CCE’s recommendation, in whole or in part, or return the appeal to the CCE for further investigation.

DOC 310.13(3) (3) The secretary’s decision is final.

DOC 310.13(4) (4) If the inmate does not receive the secretary’s written decision within 90 days of the date of receipt of the appeal in the CCE’s office, the inmate shall consider the administrative remedies to be exhausted, unless the time has been extended under sub. (1).

DOC 310.13 History History: CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18.

DOC 310.14 DOC 310.14 Complaint processing following release. If an inmate is released from an institution prior to a decision being made on a complaint or appeal, the complaint will be processed in accordance with this chapter.

DOC 310.14 History History: CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18.