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.
DOC 333.08(2)(c)4.4. A major penalty may be imposed at any time after the expiration of the appeal time if the inmate does not appeal.
DOC 333.08(3)(3) A “major offense” is a violation of one or more of the rules of supervision for which a major penalty may be imposed if the accused inmate is found guilty.
DOC 333.08(4)(4) A “minor offense” is any violation of one or more of the rules of supervision which is not a ‘major offense’ under sub. (5) or which a DIS supervisor has not classified as a major offense. If an offense not listed in sub. (5) is a ‘major offense’ for an inmate, it shall be identified as a ‘major offense’ in the DIS rules of supervision.
DOC 333.08(5)(5) Any violation of the following sections is a major offense:
DOC 333.08 HistoryHistory: Cr. Register, February, 1993, No. 446, eff. 3-1-93.
DOC 333.09DOC 333.09Termination of DIS placement.
DOC 333.09(1)(1) If an inmate has been transferred to DIS from a state correctional facility under s. 301.048 (2), Stats., the placement in DIS may be terminated for any of the following reasons:
DOC 333.09(1)(a)(a) If there is a change of circumstances such as the loss, for any reason, of a job, school or treatment program.
DOC 333.09(1)(b)(b) If the department determines that the inmate has committed one or more of the following violations:
DOC 333.09(1)(b)1.1. Violation of a state or federal statute or local ordinance.
DOC 333.09(1)(b)2.2. Violation of the rules of any facility, institution or program in which the inmate is held or to which the inmate is assigned.
DOC 333.09(1)(b)3.3. Violation of the DIS rules of supervision.
DOC 333.09(1)(c)(c) For any other reason, which, in the discretionary judgment of the department, is reasonably calculated to serve the interests stated in s. DOC 333.01.
DOC 333.09(2)(2) If an inmate is placed in DIS as an alternative to revocation of probation or parole pursuant to s. 301.048 (2) (am) 4., Stats., or is placed in DIS as a condition of parole by the parole commission pursuant to s. 301.048 (2) (am) 3., Stats., the placement in DIS shall be terminated if the inmate’s probation or parole is revoked under ch. DOC 331.