Chapter DOC 310

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.

DOC 310.15 DOC 310.15 Resolution of affirmed complaint.

DOC 310.15(1) (1) If the decision requires a change in administrative practice or policy, the department shall implement the change as soon as practicable.

DOC 310.15(2) (2) If the resolution of an affirmed complaint has not been implemented within 60 days, the inmate may inform the decision-maker in writing.

DOC 310.15 History History: CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18.

DOC 310.16 DOC 310.16 Confidentiality.

DOC 310.16(1) (1) Except as otherwise provided in this section, the department shall ensure that complaints filed under this chapter are confidential.

DOC 310.16(2) (2) ICRS staff may reveal the identity of inmates and the nature of the complaint to the extent reasonably necessary to investigate the complaint, implement the remedy, or to respond to litigation.

DOC 310.16(3) (3) The reviewing authority or secretary may waive confidentiality of a complaint if the security, safety, or health of the institution or any person is involved.

DOC 310.16(4) (4) The reviewing authority or secretary may waive confidentiality of a complaint to satisfy PREA standards and reporting requirements.

DOC 310.16(5) (5) A copy of or reference to a complaint or decision may not be placed in the inmate’s institution files except with authorization from the reviewing authority or as required under sub. (2) or (3).

DOC 310.16(6) (6) An inmate may file a complaint alleging a breach of confidentiality under this section.

DOC 310.16(7) (7) An inmate waives confidentiality by making known any aspect of a complaint to persons outside the ICRS.

DOC 310.16(8) (8) The confidentiality of the complaint process does not prohibit disciplinary action under ch. DOC 303 for misuse of the ICRS. Misuse of the ICRS includes complaints that are intended to do any of the following:

DOC 310.16(8)(a) (a) Harass.

DOC 310.16(8)(b) (b) Cause emotional distress.

DOC 310.16(8)(c) (c) Threaten to cause harm or bodily injury.

DOC 310.16(8)(d) (d) Erode the integrity or credibility of employees by knowingly providing false statements.

DOC 310.16(8)(e) (e) Disrupt department or institution operations.

DOC 310.16(9) (9) ICRS staff may access an inmate’s protected health information to investigate, make recommendations, render decisions, and decide appeals when access is related to the complaint, subject to any of the following: