Chapter DOC 333

DOC 333.18(1) (1) A search of a DIS inmate’s residence, including the grounds, his or her vehicle, areas occupied by other occupants of the residence or any property under the inmate’s control, may be made at any time by any DIS staff member. There is no requirement that there be any evidence that contraband is concealed in the residence before a search is conducted.

DOC 333.18(2) (2) Before the search occurs, it shall be approved orally or in writing by a DIS supervisor unless exigent circumstances, such as suspicion the inmate will destroy contraband or use a weapon, require search without approval.

DOC 333.18(3) (3) There shall be a written report of all searches conducted under sub. (1). This report shall be prepared by the DIS staff who conducted the search. The report shall state:

DOC 333.18(3)(a) (a) The identity of the DIS staff who conducted the search and the supervisor who approved it.

DOC 333.18(3)(b) (b) The date and time of the search.

DOC 333.18(3)(c) (c) The identity of the inmate whose residence or property was searched.

DOC 333.18(3)(d) (d) The location of the property which is searched.

DOC 333.18(3)(e) (e) The reason for conducting the search. If the search was a random search, the report shall state that fact.

DOC 333.18(3)(f) (f) Any objects which were seized pursuant to the search.

DOC 333.18(3)(g) (g) Whether any damage was done to the premises during the search.

DOC 333.18(4) (4) If any objects were seized or property was damaged during the search of an inmate’s residence or property, the inmate shall be informed in writing. The inmate shall be reimbursed for damage to any property which is not contraband. Property which is damaged shall be valued at its fair market value, not its replacement cost.

DOC 333.18(5) (5) In conducting a search, DIS staff shall disturb the effects of the inmate as little as possible, consistent with thoroughness.

DOC 333.18(6) (6) DIS staff shall not read legal materials belonging to the inmate during a search.

DOC 333.18 History History: Cr. Register, February, 1993, No. 446, eff. 3-1-93.

DOC 333.19 DOC 333.19 Search of DIS inmates.

DOC 333.19(1) (1) Searches of inmates approved for DIS placements shall comply with s. DOC 306.16, modified as follows:

DOC 333.19(1)(a) (a) In addition to the reasons for a personal search of an inmate listed under s. DOC 306.16 (2), a personal search of an inmate in a DIS placement may be conducted by DIS staff before an inmate enters and after an inmate leaves the security enclosure of a jail or detention facility and when an inmate is taken into custody;

DOC 333.19(1)(b) (b) In addition to the reasons for a strip search of an inmate listed under s. DOC 306.16 (3), a strip search may be conducted before an inmate enters and after an inmate leaves the security enclosure of a jail or detention facility and when an inmate is taken into custody;

DOC 333.19(1)(c) (c) In addition to the reasons for a body contents search listed under s. DOC 306.16 (5), a body contents search may be conducted under the following circumstances:

DOC 333.19(1)(c)1. 1. Immediately before transfer to the DIS placement;

DOC 333.19(1)(c)2. 2. Upon arrival at the DIS placement;

DOC 333.19(1)(c)3. 3. If an inmate is found to possess intoxicating substances or intoxicating substances are detected or found in the inmate’s residence or in an area controlled, occupied or inhabited by the inmate;

DOC 333.19(1)(c)4. 4. As part of a random testing program of all DIS inmates. Selection of inmates for random testing may not be done for the purpose of harassing or intimidating inmates; or

DOC 333.19(1)(c)5. 5. As DIS supervisory staff determine to be appropriate, if an inmate has a history of alcohol or other drug abuse.

DOC 333.19(1)(d) (d) “Administrator” is substituted for “superintendent”.

DOC 333.19(2) (2) If the DIS inmate is held in a correctional institution, the search rules under ss. DOC 306.13 to 306.16 apply.

DOC 333.19 History History: Cr. Register, February, 1993, No. 446, eff. 3-1-93.

DOC 333.20 DOC 333.20 Search of staff. Section DOC 306.18 shall regulate the search of DIS staff, except that a search is authorized before and after a staff member has contact with a DIS inmate or if there are reasonable grounds to believe the staff member is concealing an unauthorized object and except that “administrator” is substituted for “superintendent”. The report of a strip search shall be filed with the administrator.

DOC 333.20 History History: Cr. Register, February, 1993, No. 446, eff. 3-1-93.

DOC 333.21 DOC 333.21 Use of contraband and test results in disciplinary review process.

DOC 333.21(1) (1) Contraband seized during a search which is done in violation of this chapter may be used as evidence in the disciplinary review process under s. DOC 333.08.

DOC 333.21(2) (2) Results of physical examinations and tests performed on body content specimens for the purpose of detecting intoxicating substances may be used as evidence in the disciplinary review process under s. DOC 333.08.

DOC 333.21 History History: Cr. Register, February, 1993, No. 446, eff. 3-1-93.

DOC 333.22 DOC 333.22 Emergencies.

DOC 333.22(1) (1) An emergency is an immediate threat to the safety of DIS staff, inmates or the public. An emergency includes, but is not limited to:

DOC 333.22(1)(a) (a) Failure of the DIS inmate’s electronic surveillance equipment;

DOC 333.22(1)(b) (b) Malfunctioning of the DIS inmate’s telephone system; or

DOC 333.22(1)(c) (c) A strike of department employees.

DOC 333.22(2) (2) The administrator shall have a written plan to be implemented in the event of an emergency that complies with the requirements of s. DOC 306.23 (2) and (3), except that copies need not be filed with DAI.

DOC 333.22(3) (3) If an emergency occurs that prevents the normal functioning of DIS, the administrator may suspend those sections of this chapter or other administrative rules to which this chapter refers that specifically relate to the emergency until the emergency is ended.

DOC 333.22 History History: Cr. Register, February, 1993, No. 446, eff. 3-1-93.

DOC 333.23 DOC 333.23 Inmate travel. Inmates who are confined in a Type 1 prison or a jail are not eligible for out-of-state travel. All other inmates may travel out-of-state only with the prior written authorization of the administrator or his or her designee. An inmate may travel within the state only with the prior written authorization of DIS staff.

DOC 333.23 History History: Cr. Register, February, 1993, No. 446, eff. 3-1-93.

DOC 333.24 DOC 333.24 Discharge. An inmate may be discharged from custody and control of the department under s. 301.048 (6), Stats., only upon the written authorization of the administrator or his or her designee.

DOC 333.24 History History: Cr. Register, February, 1993, No. 446, eff. 3-1-93.

DOC 333.25 DOC 333.25 Inmates in type 1 prisons. Inmates in DIS placements who are in state correctional institutions are subject to the rules which govern those institutions, as modified by this chapter.

DOC 333.25 History History: Cr. Register, February, 1993, No. 446, eff. 3-1-93.

DOC 333.26 DOC 333.26 Inmate complaints.

DOC 333.26(1) (1) Inmates in DIS shall be provided an opportunity for review of decisions through the inmate complaint process. This process is used to encourage communication and cooperation between inmates and staff while resolving problems in an orderly and uniform fashion.

DOC 333.26(2) (2) In this section:

DOC 333.26(2)(a) (a) “Calendar days” means all days including Saturdays, Sundays and legal holidays.

DOC 333.26(2)(b) (b) “Complaint” means a written statement by a DIS inmate which identifies a decision, states the reasons for the complaint and complies with the time limit stated in this section, except that a late complaint may be accepted for cause.

DOC 333.26(2)(c) (c) “Request for review” means a written request submitted by a DIS inmate to his or her agent’s supervisor which states the reason for the request and complies with the time limits set forth in this section, except that a late request may be accepted for cause.

DOC 333.26(2)(d) (d) “Working days” means all days except Saturdays, Sundays and legal holidays.

DOC 333.26(3) (3) Decisions related to the following may not be challenged through the inmate complaint process:

DOC 333.26(3)(a) (a) Custody and detention.

DOC 333.26(3)(b) (b) Parole revocation or any sanctions.

DOC 333.26(3)(c) (c) Violation of criminal law or ordinance.

DOC 333.26(3)(d) (d) Denial of firearms in accordance with the Federal Gun Control Act of 1968 and s. 941.29, Stats.

DOC 333.26(3)(e) (e) All decisions, special conditions or terms of supervision imposed by a court or the parole commission.

DOC 333.26(3)(f) (f) Discharge under s. 301.048 (6), Stats., and s. DOC 333.25.

DOC 333.26(3)(g) (g) A PRC’s decision.

DOC 333.26(3)(h) (h) A decision on a challenge to an inmate record.

DOC 333.26(3)(i) (i) The denial of a special action parole under s. 304.02, Stats.

DOC 333.26(4) (4) The procedure for filing an inmate complaint is as follows:

DOC 333.26(4)(a) (a) An inmate shall file a complaint with his or her agent within 14 calendar days after the occurrence giving rise to the complaint.

DOC 333.26(4)(b) (b) The agent shall issue a written decision within 7 working days of receipt of the complaint.

DOC 333.26(4)(c) (c) If the review by the agent does not produce a resolution, the inmate may file a request for review with the agent’s supervisor within 5 working days of receipt of the agent’s decision.

DOC 333.26(4)(d) (d) The supervisor shall issue a written decision within 10 working days of receipt of the request for review.

DOC 333.26(4)(e) (e) If the review by the supervisor does not produce a resolution, the inmate may file a request for review within 5 working days of receipt of the supervisor’s decision to the sector chief who shall issue a final written decision within 10 working days of receipt of the request for review.

DOC 333.26(5) (5) While the review process is pending, the inmate shall comply with the decision or directive being reviewed.

DOC 333.26(6) (6) An inmate may not be sanctioned for filing a complaint.

DOC 333.26(7) (7) The complaint process shall be expedited in circumstances where the complaint will be invalidated by the passage of time limits.

DOC 333.26 History History: Cr. Register, February, 1993, No. 446, eff. 3-1-93.