reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 303 - Discipline › Subchapter VI - Contraband Offenses › Section DOC 303.48 - Possession of electronic communication or data storage devices

Current through June 24, 2024
Except as specifically authorized, any inmate who possesses
				  any electronic communication, data storage device or related accessories is
				  guilty of possession of electronic communication or data storage
				  devices.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 303 - Discipline › Subchapter VI - Contraband Offenses › Section DOC 303.49 - Unauthorized use of the mail

Current through June 24, 2024
Any inmate who does any of the following is guilty of
				  unauthorized use of the mail:
(1)
				Uses a postal service to communicate with a person with whom the inmate has
				been denied correspondence privileges.
(2) Sends through the mail anything which
				could be considered contraband.
(3)
				Makes or alters any postage stamp or alters or erases a postal cancellation
				mark or possesses any postage stamp that has been altered.
(4) Mails any letter or parcel on which is
				affixed a canceled postage stamp.
(5) Uses a forged, counterfeit, or altered
				document, postage stamp or postal cancellation mark.
(6) Attempts to circumvent the requirements
				under s.
				DOC
				309.04 by sending a letter to a destination with the
				intent it be forwarded.
(7) Sends
				food through the mail.
(8) Sends a
				foreign substance, body fluids, or body wastes, including hair, through the
				mail.
(9) Sends correspondence
				which harms, harasses, or intimidates any person.
(10) Falsifies the identity or location of
				the actual recipient of a letter or parcel.
(11) Mailing or attempting to mail items
				using a non-institution mailbox or mail collection.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 303 - Discipline › Subchapter VII - Movement Offenses › Section DOC 303.50 - Punctuality and attendance

Current through June 24, 2024
Inmates shall attend and be on time for scheduled activities.
				  An inmate who violates this section is guilty of punctuality and attendance,
				  unless one of the following exists:
(1) The inmate is sick and reports this fact
				as required by department policy.
(2) The inmate is authorized to be in another
				location.
(3) The inmate is
				authorized to be absent from the activity.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 303 - Discipline › Subchapter VII - Movement Offenses › Section DOC 303.51 - Loitering

Current through June 24, 2024
Inmates shall proceed at a normal pace and without stopping
				  or delay, following a designated route when going to and from all activities.
				  Any inmate who violates this section or department policy relating to this
				  section is guilty of loitering.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 303 - Discipline › Subchapter VII - Movement Offenses › Section DOC 303.52 - Leaving assigned area

Current through June 24, 2024
Any inmate who leaves a room or area either inside or outside
				  the institution where the inmate is required to be is guilty of leaving
				  assigned area, unless one of the following exists:
(1) The inmate receives permission to leave
				from an employee supervising the activity.
(2) The inmate has authorization to be
				elsewhere at that time.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 303 - Discipline › Subchapter VII - Movement Offenses › Section DOC 303.53 - Being in an unassigned area

Current through June 24, 2024
Any inmate who, without an employee's permission, enters or
				  remains in a room or area either inside or outside the institution other than
				  the one to which the inmate is assigned is guilty of being in an unassigned
				  area.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 303 - Discipline › Subchapter VII - Movement Offenses › Section DOC 303.54 - Entry into another inmate's assigned living area

Current through June 24, 2024
Any inmate who reaches, leans or puts any object or part of
				  the body into the assigned living area of another inmate or permits another to
				  do the same in their assigned living area, is guilty of entry into another
				  inmate's assigned living area, unless the entry is the result of one of the
				  following:
(1) Part of a work
				assignment and under the supervision of an employee.
(2) Allowed according to department
				policy.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 303 - Discipline › Subchapter VIII - Offenses Against Safety and Health › Section DOC 303.55 - Improper storage

Current through June 24, 2024
Any inmate shall keep toiletries, hobby materials,
				  medications, cleaning supplies, food and any other items in the original
				  containers, and in a designated area. Any inmate who stores any of these items
				  in a different container or in an unauthorized area is guilty of improper
				  storage.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 303 - Discipline › Subchapter VIII - Offenses Against Safety and Health › Section DOC 303.56 - Dirty assigned living area

Current through June 24, 2024
Any inmate who does not comply with department policy for
				  orderly and clean assigned living area is guilty of dirty assigned living area,
				  provided the inmate had knowledge of the condition of his or her assigned
				  living area and had the opportunity to clean or rearrange it.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 303 - Discipline › Subchapter VIII - Offenses Against Safety and Health › Section DOC 303.57 - Poor personal hygiene

Current through June 24, 2024
(1) Any inmate whose personal hygiene is a
				health risk to the inmate or others, or is offensive to others, and who has
				knowledge of this condition and the opportunity to correct it, but does not, is
				guilty of poor personal hygiene.
(2) Any inmate who fails to comply with
				department policy regarding personal hygiene is guilty of poor personal
				hygiene.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 303 - Discipline › Subchapter VIII - Offenses Against Safety and Health › Section DOC 303.58 - Misuse of medication

Current through June 24, 2024
Any inmate who does any of the following is guilty of misuse
				  of medication:
(1) Takes more of a
				prescription medication than prescribed.
(2) Takes a prescription medication more
				often than prescribed.
(3) Takes a
				prescription medication which was not prescribed for the inmate.
(4) Possesses or takes any prescription
				medication except at the time and place specified by the department.
(5) Improperly stores or disposes of
				medication.
(6) Deceives or
				attempts to deceive staff as to whether medication has been consumed.
(7) Takes a non-prescribed medication more
				often than recommended by the medication's label or health services unit
				employees.
(8) Gives to or receives
				from a person any medication without authorization.
(9) Uses or takes medication in a manner that
				is not prescribed or intended.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 303 - Discipline › Subchapter VIII - Offenses Against Safety and Health › Section DOC 303.59 - Disfigurement

Current through June 24, 2024
(1) Any inmate who disfigures, cuts, pierces,
				removes, mutilates, discolors or tattoos any part of his or her or another
				person's body, is guilty of disfigurement.
(2) Any inmate who possesses any item which
				has been used, altered, or intended to be used to disfigure, cut, pierce,
				remove, mutilate, discolor, or tattoo is guilty of disfigurement.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 303 - Discipline › Subchapter IX - Miscellaneous Offenses › Section DOC 303.60 - Use of intoxicants

Current through June 24, 2024
(1) Any inmate who takes into the inmate's
				body any intoxicating substance, except prescription medication in accordance
				with the prescription, is guilty of use of intoxicants.
(2) When a test on an inmate's body specimen
				or a physical examination of an inmate indicates use of an intoxicating
				substance, the inmate is guilty of use of intoxicants. Confirmation tests shall
				be completed as follows:
(a) The institution
				shall confirm results of a test conducted under sub. (2) by a second test if
				the inmate requests a confirmatory test in accordance with department policy.
(b) An inmate who requests a
				confirmatory test shall pay for the cost of the test. If the inmate does not
				have sufficient funds to pay for the cost of the test, the institution in which
				the inmate is confined shall loan the inmate the necessary funds. If the
				confirmatory test does not validate the results of the first test, the
				institution shall refund any money the inmate contributed to the cost of the
				confirmatory test.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 303 - Discipline › Subchapter IX - Miscellaneous Offenses › Section DOC 303.63 - Inadequate work or school performance

Current through June 24, 2024
Any inmate whose work fails to meet the standards set for
				  performance on a work assignment, including a work release placement and
				  project crew, or school program, including study release, and who has the
				  ability to meet those standards, or an inmate who fails to follow work or
				  school rules or safety standards, is guilty of inadequate work or school
				  performance.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 303 - Discipline › Subchapter X - Disciplinary Procedure and Penalties › Section DOC 303.65 - Disciplinary violation dispositions

Current through June 24, 2024
The institution may deal with a violation of ss.
				  DOC
				  303.11 to i n 303.64 the following ways:
(1) If a staff member determines that a
				conduct report is not required, the staff member may counsel and warn the
				inmate under s.
				DOC
				303.66.
(2) The staff member may dispose of a minor
				violation under s.
				DOC
				303.76 or
				303.77.
(3) Employees may refer any violation to the
				security director by writing a conduct report as provided under s.
				DOC
				303.67 or an incident report if further investigation
				is necessary. The security director may deal with these reports as follows:
(a) Dismiss, alter or correct the conduct
				report as provided under s.
				DOC
				303.68.
(b) Refer the matter to a supervisor to be
				disposed of in accordance with s.
				DOC
				303.76 or if 303.77 the violation is a minor
				one.
(c) Refer the matter to a
				hearing officer to be disposed of in accordance with ss.
				DOC
				303.78,
				303.80, or if 303.81 the violation is
				a major one.
(d) Assign the report
				for further investigation.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 303 - Discipline › Subchapter X - Disciplinary Procedure and Penalties › Section DOC 303.66 - Offenses that do not require a conduct report

Current through June 24, 2024
(1) The department
				does not require employees to write conduct reports on all observed violations
				of the disciplinary rules. Under any of the following conditions, employees may
				inform the inmate that the inmate's behavior is against the rules, discuss the
				inmate's behavior, offer an informal resolution and give a warning if one of
				the following applies:
(a) The inmate is
				unfamiliar with the rule.
(b) The
				inmate has not violated the same or a closely related rule within the previous
				year, regardless of whether or not a conduct report was issued.
(c) The inmate is unlikely to repeat the
				offense if warned and counseled.
(d) Although the inmate's acts were a
				technical violation of a rule, the purposes of this chapter would not be served
				by writing a conduct report in the particular situation.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 303 - Discipline › Subchapter X - Disciplinary Procedure and Penalties › Section DOC 303.67 - Conduct report

Current through June 24, 2024
(1) Except as provided under s.
				DOC
				303.66, any employee who observes or becomes aware of
				a rule violation shall verify that a violation has occurred and shall write a
				conduct report. If more than one employee knows of the same incident, only one
				of them shall write a conduct report.
(2) In the conduct report, the employee shall
				describe the facts and list the sections of this chapter which were allegedly
				violated.
(3) If more than one
				conduct report is written for an inmate for the same incident, the institution
				shall only complete the disciplinary process on one conduct report.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 303 - Discipline › Subchapter X - Disciplinary Procedure and Penalties › Section DOC 303.68 - Review by security office

Current through June 24, 2024
(1) The security
				director shall review any conduct report not processed under s.
				DOC
				303.76 or within 303.775 working days and may do any
				of the following:
(a) Dismiss a conduct
				report.
(b) Strike any section
				number if the statement of facts could not support a finding of guilty of
				violating that section.
(c) Add any
				section number if the statement of facts could support a finding of guilty of
				violating that section and the addition is appropriate.
(d) Refer a conduct report for further
				investigation.
(e) Determine
				whether the conduct report should be processed as a major or minor offense. In
				deciding whether an alleged violation should be treated as a major or minor
				offense, the security director shall consider the following criteria and shall
				indicate in the record of disciplinary action the reason for the decision based
				on these criteria:
1. Whether the inmate has
				previously been found guilty of the same or a similar offense, how often, and
				how recently.
2. Whether the inmate
				has recently been warned about the same or similar conduct.
3. Whether the alleged violation created a
				risk of serious disruption at the institution or in the community.
4. Whether the alleged violation created a
				risk of serious injury.
5. The
				value of the property involved.
6.
				Whether the alleged violation created a risk of serious financial
				impact.
7. Psychological services
				input for seriously mentally ill inmates.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 303 - Discipline › Subchapter X - Disciplinary Procedure and Penalties › Section DOC 303.69 - Minor offenses

Current through June 24, 2024
A minor offense is any violation of a disciplinary rule which
				  is not a major offense under s.
				  DOC
				  303.71 or which the security director has not
				  classified as a major offense.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 303 - Discipline › Subchapter X - Disciplinary Procedure and Penalties › Section DOC 303.70 - Minor penalties

Current through June 24, 2024
Minor dispositions are limited to one or more of the
				  following penalties:
(1) REPRIMAND. A
				reprimand is an oral statement to an inmate addressing the inmate's behavior
				when the inmate is found guilty of an offense. The hearing officer or
				supervisor shall only record the reprimand if no other penalty is
				given.
(2) LOSS OF RECREATION
				PRIVILEGES. Recreation privileges include sports and leisure activities outside
				the cell, either on grounds or off grounds. Recreation privileges may be
				suspended for a period of time as follows:
(a)
				1 to 60 days for inmates in the general population.
(b) 1 to 8 days for inmates in disciplinary
				separation.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 303 - Discipline › Subchapter X - Disciplinary Procedure and Penalties › Section DOC 303.71 - Major offenses

Current through June 24, 2024
(1) A major offense is a violation of a
				disciplinary rule for which a major penalty may be imposed.
(2) Any violation of the following sections
				is a major offense: -
Section
Title
DOC
								303.11
Assault.
DOC
								303.12
Aggravated assault.
DOC
								303.13
Assault on employee.
DOC
								303.14
Sexual conduct.
DOC
								303.16
Sexual assault.
DOC
								303.17
Sexual assault - aggravated.
DOC
								303.19
Stalking.
DOC
								303.20
Endangering safety.
DOC 303.21
Inciting a disturbance.
DOC
								303.22
Participating in a disturbance.
DOC
								303.23
Taking a hostage.
DOC
								303.25
Cruelty to animals.
DOC
								303.26
Escape.
DOC
								303.27
Disguising identity.
DOC 303.30
Soliciting an employee.
DOC
								303.43
Possession of intoxicants.
DOC
								303.44
Possession of intoxicant paraphernalia.
DOC
								303.45
Possession, manufacture, or use of weapons.
DOC 303.46
Possession of tobacco.
DOC
								303.48
Possession of electronic communication or data
								storage devices.
DOC
								303.58
Misuse of medications.
DOC
								303.59
Disfigurement.
DOC
								303.60
Use of intoxicants.
(3)
				Except for an offense listed under sub. (2), an offense may be designated by
				the security director as either a major or a minor offense under s.
				DOC 303.68(1)
				(e).
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 303 - Discipline › Subchapter X - Disciplinary Procedure and Penalties › Section DOC 303.72 - Major penalties

Current through June 24, 2024
(1) A major disposition must include one or
				more of the following and may include one or more of the penalties under s.
				DOC
				303.70:
(a)
				Extension of release date for inmates under one of the following:
1. Loss of good time for an inmate who is
				eligible for credit under s. or , 1981 Stats.
2. Extension of the mandatory release date
				for an inmate who is eligible for mandatory release under s.
				302.11,
				Stats.
3. Extension of extended
				supervision date for an inmate who is eligible for release under s.
				302.113(3),
				Stats.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 303 - Discipline › Subchapter X - Disciplinary Procedure and Penalties › Section DOC 303.73 - Major penalty: disciplinary separation

Current through June 24, 2024
(1) CONDITIONS.
				Disciplinary separation may not exceed the period specified in s.
				DOC
				303.72(2). The hearing officer may
				impose disciplinary separation for a major offense. The institution shall
				provide inmates in disciplinary separation all of the following:
(a) Clean mattress.
(b) Sufficient light by which to read at
				least 12 hours per day.
(c)
				Sanitary toilet and sink.
(d)
				Adequate ventilation and heating.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 303 - Discipline › Subchapter X - Disciplinary Procedure and Penalties › Section DOC 303.74 - Controlled separation

Current through June 24, 2024
(1) USE. A security supervisor may order into
				controlled separation any inmate in segregated status who exhibits disruptive,
				destructive, or out of control behavior. Staff shall not place an inmate in
				controlled separation unless a conduct report or incident report is written for
				the conduct giving rise to the use of controlled separation. When the inmate's
				behavior is no longer disruptive, destructive, or out of control, a security
				supervisor shall remove the inmate from controlled separation.
(a) A security supervisor may not order
				controlled separation for more than 72 hours.
(b) The security director may extend the
				placement if the behavior continues. The security director shall review
				extensions every 24 hours.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 303 - Discipline › Subchapter X - Disciplinary Procedure and Penalties › Section DOC 303.75 - Referral for prosecution

Current through June 24, 2024
In addition to enforcing this chapter, the department shall
				  work with local law enforcement and the district attorney so that violations of
				  criminal statutes may be investigated and appropriately referred for
				  prosecution.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 303 - Discipline › Subchapter X - Disciplinary Procedure and Penalties › Section DOC 303.76 - Uncontested minor disposition

Current through June 24, 2024
(1) Staff may write
				a conduct report and summarily find an inmate guilty and punish the inmate for
				minor rule infractions in accordance with this section.
(2) Before an inmate is found guilty and
				punished under this section, a staff member shall do the following:
(a) Inform the inmate of the nature of the
				alleged infraction and the contemplated disposition.
(b) Inform the inmate that a supervisor shall
				review the contemplated disposition, and may impose a different
				disposition.
(c) Inform the inmate
				that the incident may be handled under this section or s.
				DOC
				303.77
(d) Inform the inmate that a disposition
				under this section must be agreed to and is not appealable.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 303 - Discipline › Subchapter X - Disciplinary Procedure and Penalties › Section DOC 303.77 - Contested minor disposition

Current through June 24, 2024
(1) Staff may
				process a conduct report for a minor rule infraction in accordance with this
				section when an inmate refuses to accept an uncontested minor
				disposition.
(2) Staff shall do all
				of the following:
(a) Inform the inmate of
				the nature of the alleged infraction.
(b) Offer the inmate an opportunity to
				provide a statement. Staff shall document the inmate's statement on the
				appropriate form.
(c) Inform the
				inmate the conduct report and the inmate's statement shall be forwarded to the
				supervisor for review and determination of disposition.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 303 - Discipline › Subchapter X - Disciplinary Procedure and Penalties › Section DOC 303.78 - Uncontested major disposition

Current through June 24, 2024
(1) An employee may
				write a conduct report and a supervisor may summarily find an inmate guilty and
				discipline the inmate for major rule infractions in accordance with this
				section.
(2) Before an inmate is
				found guilty and disciplined under this section, a supervisor shall do all of
				the following:
(a) Inform the inmate of the
				nature of the alleged infraction and the contemplated disposition.
(b) Inform the inmate that the security
				director shall review the contemplated disposition, and may impose a different
				disposition.
(c) Inform the inmate
				that a disposition under this section must be agreed to and is not
				appealable.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 303 - Discipline › Subchapter X - Disciplinary Procedure and Penalties › Section DOC 303.79 - Hearing officer

Current through June 24, 2024
(1) The warden shall assign a hearing officer
				to conduct a hearing.
(2) The
				warden may assign a committee to conduct a hearing. No more than three staff
				may be assigned. One member of the committee shall be a hearing
				officer.
(3) No person who has
				substantial involvement in the incident which is the subject of a hearing may
				serve as a hearing officer or committee member for that hearing. The hearing
				officer shall determine the subject matter of the hearing in advance in order
				to allow substitution of a hearing officer or committee member.
(4) A hearing officer may hold a hearing even
				if the inmate has waived due process.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 303 - Discipline › Subchapter X - Disciplinary Procedure and Penalties › Section DOC 303.80 - Contested major disposition

Current through June 24, 2024
(1) NOTICE. When an
				inmate is alleged to have committed a major violation and the security director
				has reviewed the conduct report pursuant to s.
				DOC
				303.68, staff shall give the inmate a copy of the
				conduct report within 2 working days after review. At any time prior to the
				hearing, the security director may amend the conduct report to either correct
				or add information or evidence to be considered at the hearing. The institution
				shall inform the inmate of all of the following:
(a) The rules which the inmate is alleged to
				have violated.
(b) The potential
				dispositions that may be imposed or other results that may occur, including
				removal from programming or work release.
(c) The right the inmate has to a full due
				process hearing or to waive this right in writing.
(d) If the inmate waives the right to a full
				due process hearing, the inmate shall be given a hearing under s.
				DOC
				303.81.
(e) If a full due process hearing is chosen,
				the inmate shall be informed of all of the following:
1. The inmate may present oral, documentary
				and physical evidence, and testimony from witnesses in accordance with this
				section and s.
				DOC
				303.84. The hearing officer shall reject any written
				statement that fails to conform to s.
				DOC
				303.84(3) and return the statement to
				the inmate.
2. The accused inmate
				may present an oral statement. No written statement by the accused inmate may
				be submitted, except under extraordinary circumstances as authorized by the
				security director. A written statement under this paragraph shall only be
				accepted if the statement is a legibly printed statement limited to 500 words
				on no more than two sheets of paper, a transcript of an oral statement, or a
				recorded statement.
3. The inmate
				may have the assistance of a staff representative in accordance with this
				section and s.
				DOC
				303.83.
4.
				The hearing officer may permit direct questions or require the inmate or the
				inmate's representative to submit questions to the hearing officer to be asked
				of the witness.
5. The hearing
				officer may prohibit repetitive, disrespectful or irrelevant
				questions.
6. If the inmate refuses
				to attend a hearing or is disruptive and removed, the inmate shall forfeit the
				right to present a defense or to call witnesses. The hearing officer may
				conduct the hearing without the inmate being present. The hearing officer shall
				administratively review the conduct report and render a decision based upon the
				available evidence.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 303 - Discipline › Subchapter X - Disciplinary Procedure and Penalties › Section DOC 303.81 - Contested major disposition: waiver of due process hearing

Current through June 24, 2024
(1) NOTICE. If an
				inmate has waived a due process hearing under s.
				DOC
				303.80 and the violation is not disposed of in
				accordance with s.
				DOC
				303.78, the institution shall dispose of it in
				accordance with this section.
(2)
				TIME LIMITS. The institution may not hold the hearing until at least 2 working
				days after the inmate receives notice of disciplinary hearing rights and a copy
				of either the approved conduct report or amended conduct report, whichever is
				later. Unless otherwise authorized by the security director, the institution
				may not hold the hearing more than 21 calendar days after the inmate receives
				the hearing rights notice and conduct report. The security director may
				authorize a hearing beyond the 21 day time limit, either before or after the
				21st day. The 21 day time limit is not jurisdictional. The inmate may also
				request more time to prepare, and the security director may grant the request.
				An inmate may waive in writing the time limits provided in this section. The
				institution shall toll time for observation and control placements and for any
				full or partial day when the inmate is out of the institution on a temporary
				release order.
(3) HEARING. The
				inmate has no right to a staff representative, to confront witnesses or to have
				witnesses testify on the inmate's behalf. The hearing officer shall conduct the
				hearing by doing all of the following:
(a)
				Read the conduct report aloud.
(b)
				Provide the inmate with an opportunity to respond to the report and make a
				verbal statement about the alleged violation. No written statement by the
				accused inmate may be submitted.
(c) Permit the offering of relevant
				evidence.
(d) Mark all documentary
				and physical evidence received into evidence from the accused as "Submitted By
				The Inmate."
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 303 - Discipline › Subchapter X - Disciplinary Procedure and Penalties › Section DOC 303.82 - Appeal of contested major or minor disposition or contested major waiver

Current through June 24, 2024
(1) The
				inmate may appeal a disciplinary decision under s.
				DOC
				303.77, 303.80, or 303.81, including procedural
				errors, to the warden within 10 days after the inmate receives a copy of the
				decision.
(2) The warden shall
				review all records and forms pertaining to the appeal and make the decision
				within 60 days following receipt of the request for appeal.
(3) The warden's decision shall be one or
				more of the following:
(a) Affirm the
				decision.
(b) Modify all or part of
				the decision.
(c) Reverse the
				decision, in whole or in part.
(d)
				Return the case for further consideration, to complete or correct the record,
				to correct any procedural error, or for rehearing.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 303 - Discipline › Subchapter X - Disciplinary Procedure and Penalties › Section DOC 303.83 - Due process hearing: staff representative

Current through June 24, 2024
(1) At each
				institution, the warden shall designate staff representatives for inmates in
				disciplinary hearings at the institution.
(2) If an inmate or staff representative
				provides information and evidence to the warden 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 warden shall evaluate the information and
				evidence to determine if a different representative should be
				assigned.
(3) The role of the staff
				representative is to help the accused inmate understand the charges against the
				inmate and to provide direction and guidance regarding the disciplinary
				process. The staff representative may use discretion in the performance of this
				role, including gathering relevant evidence and testimony and preparing the
				inmate's own statement. The staff representative may speak on behalf of the
				accused inmate at a disciplinary hearing or may help the inmate prepare to
				speak.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 303 - Discipline › Subchapter X - Disciplinary Procedure and Penalties › Section DOC 303.84 - Due process hearing: witnesses

Current through June 24, 2024
(1) The accused
				inmate may make a request to the security director for no more than two
				identified witnesses in addition to the reporting employee and shall explain
				the relevance of the witness testimony. The inmate shall make this request
				within two days of the service of notice of major disciplinary hearing rights.
				The security director may waive the two day time limit for good
				cause.
(2) After all witness
				requests have been received, the security director shall review them to
				determine whether the witnesses possess relevant information and shall be
				called.
(3) Written witness
				statements shall only be accepted if approved by the hearing officer. The
				hearing officer may consider a legibly printed written statement limited to 500
				words on no more than two sheets of paper, a transcript of an oral statement,
				or a recorded statement.
(4)
				Witnesses requested by the accused who are staff or inmates shall attend the
				disciplinary hearing unless one of the following exists:
(a) The risk of harm to the witness if the
				witness testifies.
(b) The witness
				is unavailable. Unavailability means death, transfer, release, hospitalization,
				or escape in the case of an inmate; unavailability means death, illness,
				vacation, no longer being employed at that location, or being on a different
				shift in the case of an employee.
(c) The testimony is irrelevant to the
				question of guilt or innocence.
(d)
				The testimony is merely cumulative of other evidence and would unduly prolong
				the hearing.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 303 - Discipline › Subchapter X - Disciplinary Procedure and Penalties › Section DOC 303.85 - Disposition considerations

Current through June 24, 2024
(1) In deciding the
				disposition for a violation or group of violations, the supervisor making
				uncontested dispositions or the hearing officer may consider any of the
				following:
(a) The inmate's overall
				disciplinary record, especially during the previous 12 months.
(b) The inmate's disciplinary record of the
				same or similar offenses.
(c) The
				risk of serious disruption at the institution or in the community caused by the
				violation.
(d) The risk of serious
				injury created by the violation.
(e) The value of the property
				involved.
(f) The risk of serious
				financial impact caused by the violation.
(g) Whether the inmate was actually aware
				that the inmate was committing a crime or offense at the time of the
				offense.
(h) The motivation for the
				offense.
(i) The inmate's attitude
				toward the offense and toward the victim, if any.
(j) Mitigating factors, including coercion,
				family difficulties which may have created anxiety, and any special
				circumstances.
(k) Psychological
				input as appropriate regarding mental health status of seriously mentally ill
				inmates at the time of the behavior.
(L) The risk to the security of the
				institution, inmates, employees or the community caused by the
				violation.
(m) Any other relevant
				factors.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 303 - Discipline › Subchapter X - Disciplinary Procedure and Penalties › Section DOC 303.86 - Recordkeeping

Current through June 24, 2024
(1) The department may keep records of
				disciplinary infractions in an inmate's case record only if one of the
				following applies:
(a) The inmate was found
				guilty by uncontested disposition procedure.
(b) The inmate was found guilty by a
				supervisor or hearing officer.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 303 - Discipline › Subchapter X - Disciplinary Procedure and Penalties › Section DOC 303.87 - Evidence

Current through June 24, 2024
(1) Evidence is relevant if the evidence
				makes it appear more likely or less likely that the inmate committed the
				offense of which the inmate is accused.
(2)
(a) A
				hearing officer may consider any relevant evidence, whether or not it would be
				admissible in a court of law and whether or not any violation of any state law
				or any DOC administrative code provision occurred in the process of gathering
				the evidence.
(b) A hearing officer
				may refuse to hear or admit relevant evidence for any of the following reasons:
1. Unreliable.
2. Marginally relevant.
3. Unduly cumulative or
				repetitious.
(c) Request
				for evidence must be made within two days after the service of notice of major
				disciplinary hearing rights. This time frame may be extended by the security
				director for good cause.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 303 - Discipline › Subchapter X - Disciplinary Procedure and Penalties › Section DOC 303.88 - Harmless error

Current through June 24, 2024
If staff does not adhere to a procedural requirement under
				  this chapter, the error is harmless if it does not substantially affect a
				  finding of guilt or the inmate's ability to provide a
				  defense.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 303 - Discipline › Subchapter X - Disciplinary Procedure and Penalties › Section DOC 303.90 - Administrative assignment or transfer

Current through June 24, 2024
Notwithstanding any action taken under this chapter, the
				  department may administratively change an inmate's work, program, or housing
				  assignment, restrict privileges, or transfer the inmate to another
				  institution.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 304 - Inmate Secure Work Program › Section DOC 304.01 - Purpose

Current through June 24, 2024
The purposes of the secure work program are:
(1) To provide inmates work opportunities
			 while the inmates are appropriately restrained for security purposes.
(2) To provide inmates opportunities to
			 assume responsibility in work settings to prepare them for employment upon
			 release to the community.
(3) To
			 fulfill the goals of public protection and reintegration of the inmate into the
			 community.
(4) To provide service
			 to the community.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 304 - Inmate Secure Work Program › Section DOC 304.02 - Applicability

Current through June 24, 2024
This chapter applies to the Wisconsin department of corrections
				and adult inmates in its custody. It interprets s.
				303.063,
				Stats. This chapter is adopted pursuant to the authority of s.
				303.063(2),
				Stats.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 304 - Inmate Secure Work Program › Section DOC 304.03 - Organization of the secure work program

Current through June 24, 2024
(1) An inmate is
			 eligible to participate in a secure work program if the inmate meets the
			 requirements under s.
			 DOC
			 304.04.
(2) The warden of the correctional facility
			 to which an eligible inmate is assigned or the warden's designee shall review
			 the proposed assignment of the inmate to a secure work program. An inmate may
			 participate in a secure work program only after the warden or the warden's
			 designee approves the inmate's assignment.
(3) A secure work crew may consist of a
			 maximum of 12 inmates.
(4) An
			 inmate may be assigned to any one secure work crew assignment for a maximum of
			 60 work days. An inmate may be placed on several secure work crew programs
			 during the course of the inmate's incarceration.
(5) Inmates participating in a secure work
			 program assignment shall be restrained by individual chain leg restraints and
			 may be required to wear electronic stun belts or utilize other security
			 technology during the time they are outside the secure perimeter of the
			 institution.
(6) Each work crew
			 shall be supervised by at least 2 correctional officers, and at least one of
			 those correctional officers shall be armed.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 304 - Inmate Secure Work Program › Section DOC 304.04 - Eligibility for secure work program assignment

Current through June 24, 2024
(1) An inmate is
			 eligible to participate in the secure work program if any of the following
			 apply:
(a) The inmate has a security
			 classification of medium security, medium outside security with supervision,
			 minimum security or minimum security-community residential confinement under s.
			 DOC
			 302.12(1) (c) to (f).
Note:
DOC
				302.12(1) (c) to (f) were repealed
				eff. 2-1-02.
(b) The inmate
			 is an intensive sanction inmate who has been sanctioned back to prison or is a
			 probationer or parolee who is being held in custody as an alternative to
			 revocation.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 304 - Inmate Secure Work Program › Section DOC 304.05 - Secure work program operation

Current through June 24, 2024
(1) An inmate
			 participating in a secure work program assignment may be assigned to work
			 outside the secure perimeter of the correctional institution to which the
			 inmate is assigned.
(2) Work
			 assignments may include roadside cleaning, snow removal, construction projects
			 and community service projects.
(3)
			 Inmates who are participating in secure work program assignments shall wear
			 distinctively colored outerwear during the time they are outside the secure
			 perimeter of the institution. Inmates shall be outfitted in distinctively
			 colored garments to be worn as the outermost layer of clothing and the garments
			 shall be labeled "DOC inmate."
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 306 - Security › Section DOC 306.01 - Applicability and purpose

Current through June 24, 2024
Pursuant to authority vested in the department by ss.
				301.02,
				301.03(2),
				302.07 and
				227.11(2),
				Stats., the department adopts this chapter for purposes of establishing
				security standards and practices at state correctional
				institutions.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 306 - Security › Section DOC 306.02 - Definitions

Current through June 24, 2024
(1) "Administrator" means the administrator
			 of the division or designee.
(2)
			 "Authority" means the highest-ranking individual available in the institution,
			 based on the written institution line of succession.
(3) "Bodily injury" means physical injury,
			 illness, or any impairment of physical condition.
(4) "Deadly force" means force which the user
			 reasonably believes will create a substantial risk of causing death or great
			 bodily injury to another.
(5)
			 "Department" means the department of corrections.
(6) "Disciplinary hearing" means a hearing
			 authorized under ch. DOC 303 for the disciplining of inmates accused of
			 misconduct.
(7) "Disturbance" means
			 any of the following:
(a) An assault on any
			 person by 2 or more inmates.
(b)
			 The taking of a hostage by an inmate.
(c) The destruction of state property or the
			 property of another by 2 or more inmates.
(d) The refusal by 2 or more inmates, acting
			 in concert, to comply with an order.
(e) Any words or acts which incite or
			 encourage inmates to do any of the above.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 306 - Security › Section DOC 306.05 - Protective confinement

Current through June 24, 2024
(1) The security director may place an inmate
			 in protective confinement if one of the following exist:
(a) The inmate requests the placement in
			 writing.
(b) The security director
			 is satisfied that the placement is necessary for the safety and welfare of the
			 inmate.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 306 - Security › Section DOC 306.06 - Inmate count

Current through June 24, 2024
Each warden shall establish and maintain a system to accurately
				account for all inmates in the warden's custody at all times. The institution
				shall make a count of all inmates at least 4 times each day. The institution
				shall space these counts to minimize interference with school, work, program,
				and recreational activities.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 306 - Security › Section DOC 306.07 - Use of force

Current through June 24, 2024
(1) Corporal punishment of inmates is
			 forbidden.
(2) Staff may use
			 non-deadly force against inmates only if the user of force reasonably believes
			 it is immediately necessary to realize one of the following purposes:
(a) To prevent death or bodily injury to
			 oneself or another.
(b) To regain
			 control of an institution or part of an institution.
(c) To prevent escape or apprehend an
			 escapee.
(d) To change the location
			 of an inmate.
(e) To control a
			 disruptive inmate.
(f) To prevent
			 unlawful damage to property.
(g) To
			 enforce a departmental rule, a policy or procedure or an order of a staff
			 member.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 306 - Security › Section DOC 306.08 - Use of firearms

Current through June 24, 2024
(1) In this section, "issuance of firearms"
			 means the deployment of firearms to authorized individuals, as determined by
			 the warden, beyond designated armed posts in response to an emergency or
			 disturbance.
(2) Only the warden or
			 authority who is available may issue firearms to staff.
(3) Except in disturbances or emergencies,
			 only staff assigned to posts requiring the use of firearms shall possess a
			 firearm.
(4) Staff may only use
			 firearms approved by the department and only after successfully completing the
			 training program in sub. (5).
(5)
			 The division shall provide an annual firearms training and qualification
			 program which shall include instruction on the following:
(a) Safe handling of firearms while on
			 duty.
(b) Legal use of firearms and
			 the use of deadly force.
(c)
			 Division policies and procedures regarding firearms.
(d) Fundamentals of firearms use, including
			 range firing.
(e) When firearms may
			 and shall be used, including the use of verbal warnings and warning
			 shots.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 306 - Security › Section DOC 306.09 - Use of incapacitating agents

Current through June 24, 2024
(1) DEFINITION. In
			 this section "incapacitating agent" means any agent or device commercially
			 manufactured and approved by the department for the purpose of temporary
			 control of an inmate or area.
(2)
			 REGULATION. The use of an incapacitating agent is a form of non-deadly force
			 and is regulated by this section.
(3) AUTHORIZATION. Staff may use
			 incapacitating agents in any of the following situations:
(a) To prevent death or bodily injury to
			 oneself or another.
(b) To regain
			 control of an institution or part of an institution.
(c) To prevent escape or apprehend an
			 escapee.
(d) To change the location
			 of an inmate.
(e) To control a
			 disruptive inmate.
(f) To prevent
			 unlawful damage to property.
(g) To
			 enforce a departmental rule, policy or procedure or an order of a staff
			 member.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 306 - Security › Section DOC 306.10 - Use of mechanical restraints for transportation of inmates

Current through June 24, 2024
(1) AUTHORIZATION.
			 Staff members may use mechanical restraints if the warden determines that the
			 use of mechanical restraints is necessary to protect the public, staff or other
			 inmates or to maintain the security of the institution.
(2) MOVEMENT WITHIN INSTITUTION. Staff may
			 use mechanical restraints in the following situations if the warden determines
			 that the use of mechanical restraints is necessary to protect the public, staff
			 or other inmates or to maintain the security of the institution:
(a) In transporting an inmate from within the
			 institution to outside the institution.
(b) In transporting an inmate to segregation
			 or temporary lock-up status.
(c)
			 For an inmate who is in segregation or temporary lock-up status, while the
			 inmate is outside his or her cell.
(d) For other security reasons as determined
			 by the warden.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 306 - Security › Section DOC 306.11 - Use of mechanical restraints to immobilize inmates

Current through June 24, 2024
(1) Staff may use
			 mechanical restraints to confine inmates only with the express authorization of
			 the shift supervisor and only in the following circumstances:
(a) To protect staff and inmates from an
			 inmate who poses an immediate risk of physical injury to others unless
			 restrained.
(b) To protect an
			 inmate who poses an immediate threat of physical injury to self unless
			 restrained.
(c) To protect
			 property.