DOC 327.13(2)(2) Under s. DOC 303.68, on review by the security office, the person who wrote the conduct report shall send it to the department supervisory staff person designated to review conduct reports in his or her area within 24 hours after writing the conduct report. The staff person who is designated to review the conduct report shall review it under s. DOC 303.68 within 24 hours after receipt.

DOC 327.13(3)(3) Under s. DOC 303.71 (2), in addition to the listed offenses, the violation of any of the following sections is a major offense: s. DOC 303.43 on possession of intoxicants; s. DOC 303.44 on possession of intoxicant paraphernalia; s. DOC 303.52 on leaving assigned area; and s. DOC 303.53 on being in an unassigned area.

DOC 327.13(4)(4) Under s. DOC 303.80 (1) on hearing procedure for major violations, a copy of the approved conduct report shall be given to the inmate within 4 working days after approval under s. DOC 303.68.

DOC 327.13(5)(5) Under s. DOC 303.80 (4), the due process hearing may be held in person, by telephone, video conferencing or other virtual communication means at the discretion of the hearing officer.

DOC 327.13(6)(6) Section DOC 303.83 (1) is modified to read: The superintendent shall designate staff representatives for inmates in disciplinary hearings at the institution. If an inmate or staff representative provides information and evidence to the superintendent that there is a conflict of interest in the case that would impair a staff representative’s ability to perform his or her duties, the superintendent shall evaluate the information and evidence to determine if a different representative should be assigned.

DOC 327.13(7)(7) Under s. DOC 303.84 (4), if an inmate witness must be transported to another institution or facility to testify, the inmate does not have to attend the disciplinary hearing. However, the hearing officer shall attempt to get a signed statement from the witness to be used at the disciplinary hearing or the staff representative shall attempt to interview the witness and report on the testimony to the committee in lieu of a personal appearance by the witness.

DOC 327.13(8)(8) Under ss. DOC 303.77 and 303.79, the superintendent shall designate a hearing officer.

DOC 327.13(9)(9) A penalty listed in s. DOC 303.72 need not be imposed as a result of a finding of guilt.

DOC 327.13(10)(10) Under s. DOC 303.73, disciplinary separation may be served in any state correctional institution, a county jail or other facility designated by the department to hold CRC inmates in disciplinary separation status.

DOC 327.13 HistoryHistory: Cr. Register, September, 1990, No. 417, eff. 10-1-90; CR 11-022: am. (intro.), (2) to (10) Register September 2014 No. 705, eff. 1-1-15.

DOC 327.14(1)(1) In this section, “TLU” means temporary lockup.

DOC 327.14(2)(2) An inmate may be placed in TLU by any CRC staff member or by a law enforcement officer at the request of CRC staff.

DOC 327.14(3)(3) CRC supervisory staff shall review the placement of an inmate in TLU within 3 working days after it takes place. Before this review and the review provided for in sub. (3), the inmate shall be provided with the reason for TLU and with an opportunity to respond, either orally or in writing. Review of the decision shall include consideration of the inmate’s response to TLU. If, upon review, it is determined that TLU is not appropriate, the inmate shall be returned to his or her CRC placement.

DOC 327.14(4)(4) No inmate may remain in TLU more than 21 days, except that the superintendent, with notice to the administrator, may extend this period for up to 21 additional days for cause. After the review under sub. (2), CRC supervisory staff shall review the status of each inmate in TLU every 7 days to determine whether TLU continues to be appropriate. If upon review it is determined that TLU is not appropriate, the inmate shall be returned to his or her CRC placement.

DOC 327.14(5)(5) An inmate may be placed in TLU and kept there only if the decision maker is satisfied that it is more likely than not that one or more of the following is true:

DOC 327.14(5)(a)(a) If the inmate remains in the CRC placement, the inmate will seek to intimidate a witness in a pending investigation, disciplinary action or termination action;

DOC 327.14(5)(b)(b) If the inmate remains in the CRC placement, the inmate will encourage others by example, expressly, or by the inmate’s presence, to defy staff authority and thereby erode staff’s ability to control a particular situation;

DOC 327.14(5)(c)(c) If the inmate remains in the CRC placement, it will create a substantial danger to the physical safety of the inmate or other person;

DOC 327.14(5)(d)(d) If the inmate remains in the CRC placement, there is a substantial danger that the inmate will try to escape;

DOC 327.14(5)(e)(e) If the inmate remains in the CRC placement, a criminal, disciplinary or termination investigation will thereby be inhibited; or

DOC 327.14(5)(f)(f) If the inmate remains in the CRC placement, a medical or psychological problem of the inmate would go untreated.

DOC 327.14(6)(6) When an inmate is placed in TLU, the person who makes the placement shall state the reasons on the appropriate form and shall include the facts upon which the decision is based. The inmate shall be given a copy of the form. Upon review, the supervisory staff person shall indicate on the form approval or disapproval of TLU.

DOC 327.14(7)(7) TLU for CRC inmates may be at any state correctional institution, a county jail or any other facility designated by the department for holding CRC inmates in TLU status. If 1983 Wis. Act 528 does not apply to the inmate, he or she shall continue to earn extra good time credit. The inmate may be required to wear mechanical restraints, as defined in s. DOC 306.09 (1), while outside the cell.

DOC 327.15(1)(1) An inmate in a CRC placement is not eligible for compensation under s. DOC 309.55.

DOC 327.15(2)(2) The inmate shall sign an agreement acknowledging the department’s authority to collect all funds earned and compensation received by the inmate while in a CRC placement and to disburse those funds in accordance with this section. Refusal to sign shall make an inmate ineligible for participation.

DOC 327.15(3)(3) The CRC business manager or a financial institution designated to handle CRC inmate accounts shall establish a separate CRC account for each inmate and make disbursements in accordance with this section. All paychecks from CRC work assignments and other funds received for inmates shall be sent to the CRC business manager or a financial institution designated to handle CRC inmate accounts.