DOC 333.07(2)(s) (s) Section DOC 303.50 on loitering does not apply.

DOC 333.07(2)(t) (t) The following is substituted for s. DOC 303.51 on leaving assigned area: Any inmate who leaves an area where he or she is attending a scheduled activity or who leaves the immediate area of a work or school assignment before the activity or the work or school assignment is over is guilty of an offense, unless absence from the assigned area has been approved by DIS staff.

DOC 333.07(2)(u) (u) Section DOC 303.52 on entry of another inmate’s quarters does not apply.

DOC 333.07(2)(v) (v) Section DOC 303.54 on improper storage does not apply.

DOC 333.07(2)(w) (w) Section DOC 303.55 on dirty quarters does not apply.

DOC 333.07(2)(x) (x) The following is substituted for s. DOC 303.57 on misuse of prescription medication: Any inmate who knowingly does any of the following is guilty of an offense:

DOC 333.07(2)(x)1. 1. Takes more of a prescription medication than was prescribed.

DOC 333.07(2)(x)2. 2. Takes a prescription medication which was not prescribed for him or her.

DOC 333.07(2)(y) (y) Section DOC 303.59 on use of intoxicants applies except that subs. (2) (a) and (3) are modified to include tests, examinations and specimens requested in accordance with this chapter.

DOC 333.07(2)(z) (z) Section DOC 303.63 on violations of institution policies and procedures does not apply.

DOC 333.07(3) (3) In addition to the rules listed under this subsection, which includes the list of offenses under ss. DOC 303.11 to 303.64 as affected by this subsection, DIS staff may develop additional rules of supervision for an inmate’s DIS placement which are reasonably calculated to serve the interests stated in s. DOC 333.01. These additional rules may be modified at any time with written notice to the inmate.

DOC 333.07(4) (4) Violation of any of the rules of supervision is an offense.

DOC 333.07 History History: Cr. Register, February, 1993, No. 446, eff. 3-1-93; corrections in (2) (e) (intro.) and (n) 1. made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612; corrections in (2) (intro.), (3) made under s. 13.92 (4) (b) 7., Stats., Register March 2017 No. 735.

DOC 333.08 DOC 333.08 Discipline.

DOC 333.08(1) (1) An inmate in a DIS placement may receive a sanction under s. 301.048 (3), Stats., if the department determines, after completing a review under sub. (2), that the inmate has committed one of the following:

DOC 333.08(1)(a) (a) A violation of a state or federal statute or a local ordinance.

DOC 333.08(1)(b) (b) A violation of the rules of any facility, institution or program in which the inmate is held or to which the inmate is assigned.

DOC 333.08(1)(c) (c) A violation of this chapter, including any rules referenced and incorporated in this chapter.

DOC 333.08(1)(d) (d) A violation of the rules of supervision.

DOC 333.08(2) (2) The review procedure to determine if the inmate has committed a violation shall be conducted as follows:

DOC 333.08(2)(a) (a) A written violation report shall be prepared by a DIS staff member which:

DOC 333.08(2)(a)1. 1. Sets forth all facts obtained in the DIS staff member’s investigation and includes the proposed penalty and a written statement or a report of an oral statement from the inmate. No statement concerning the alleged violation shall be taken from the inmate until 24 hours after the inmate receives a written notice of the alleged violation which shall include the rule allegedly violated, how the rule was violated and the date and place of the violation. The requirement of prior written notice may be waived by the inmate in writing. A defective notice can be cured by issuing a proper notice.

DOC 333.08(2)(a)2. 2. Includes witness statements or summaries of witness statements.

DOC 333.08(2)(a)3. 3. Identifies the evidence and the names of witnesses reported by the inmate. The DIS staff member shall include in his or her report what efforts were made to interview witnesses and gather evidence identified by the inmate.

DOC 333.08(2)(b) (b) A copy of the violation report shall be served on the inmate within 5 working days after review and approval by a supervisor who was not involved in the alleged violation and did not prepare the violation report. A minor penalty may be imposed by DIS staff after approval by the supervisor and prior to service of the violation report on the inmate.

DOC 333.08(2)(c) (c) A major penalty may be imposed by a DIS staff member after review and approval of the violation report by the supervisor under par. (b), service of the violation report on the inmate and completion of the following appeal procedure:

DOC 333.08(2)(c)1. 1. The inmate may appeal the violation report to the sector chief or designee by service of a written appeal within 5 working days of receipt of the violation report.

DOC 333.08(2)(c)2. 2. If the appeal is to the sector chief’s designee, the designee shall not be the immediate supervisor of the DIS staff member who conducted the investigation.

DOC 333.08(2)(c)3. 3. The sector chief or designee shall review the violation report and the appeal and issue a final decision within 7 working days of receipt of the appeal.