Wisconsin Administrative Code › Department of Corrections › Chapter DOC 327 - Community Residential Confinement › Section DOC 327.13 - Disciplinary procedure and penalties

Current through June 24, 2024
The due process fact finding hearing to determine if the inmate
				has committed a violation under s.
				DOC
				327.12 shall be conducted in accordance with the
				procedures under ss.
				DOC
				303.65 to
				303.90.
(1) Any department supervisory staff member
			 may be substituted for the security director or shift supervisor.
(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.
(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.
(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.
(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.
(6) Section 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.
(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.
(8)
			 Under ss.
			 DOC
			 303.77 and
			 303.79, the superintendent shall
			 designate a hearing officer.
(9) A
			 penalty listed in s.
			 DOC
			 303.72 need not be imposed as a result of a finding of
			 guilt.
(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.
Note:
Section 327.13 is shown as amended by
				CR 11-022 eff. 1-1-15. Prior to 1-1-15 it reads:
DOC 327.13
Disciplinary procedure and
				penalties.
The due process fact finding hearing to determine if the
				inmate has committed a violation under s.
				DOC
				327.12 shall be conducted in accordance with the
				procedures under ss.
				DOC
				303.64 to
				303.87, modified as
				follows:
(1)
Any
			 department supervisory staff member may be substituted for the security
			 director or shift supervisor.
(2)
Under s.
			 DOC
			 303.67, 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
			 303.67 within 24 hours after receipt.
(3)
Under s.
			 DOC
			 303.68(3), 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 drug paraphernalia; s.
			 DOC
			 303.51 on leaving assigned area; and s. DOC 303.511 on
			 being in an unassigned area.
(4)
Under s.
			 DOC
			 303.76(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
			 303.67.
(5)
Under s.
			 DOC
			 303.76(4), the due process hearing
			 may take place at the CRC residence, any state correctional institution, a
			 county jail or other facility designated by the department.
(6)
Section
			 DOC
			 303.78(1) is modified to read: The
			 superintendent may designate or hire staff members to serve as advocates for
			 inmates in disciplinary hearings at the institution, or staff members may
			 volunteer to serve as advocates. The superintendent shall assign advocates to
			 inmates. If an inmate objects to the assignment of a particular advocate
			 because the advocate has a known and demonstrated conflict of interest in the
			 case, the superintendent shall assign a different staff member to serve as the
			 inmate's advocate.
(7)
Under s.
			 DOC
			 303.81(3), 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 advocate shall attempt to interview the witness and
			 report on the testimony to the committee in lieu of a personal appearance by
			 the witness.
(8)
Under ss.
			 DOC
			 303.75(3) and
			 303.82, any department staff member
			 designated by the superintendent may serve on an adjustment committee or serve
			 as a hearing officer.
(9)
A penalty listed in s.
			 DOC
			 303.84 need not be imposed as a result of a finding of
			 guilt.
(10)
Under ss.
			 DOC
			 303.69 and
			 303.70, adjustment segregation or
			 program segregation may be served in any state correctional institution, a
			 county jail or other facility designated by the department to hold CRC inmates
			 in adjustment segregation or program segregation status.