Wisconsin Administrative Code › Department of Corrections › Chapter DOC 303 - Discipline › Subchapter X - Disciplinary Procedure and Penalties › Appendix - Appendix

Current through June 24, 2024
Note:
				  DOC
				  303.01. These rules apply to all inmates in the legal
				  custody of the department regardless of whether the inmate is housed in a
				  prison, jail, half-way house, or any other facility. It is the Department's
				  policy and practice not to impose discipline on an inmate if the inmate has
				  been subjected to a formal due process procedure in another jurisdiction for
				  the same actions. See
				  DOC
				  303.08 and
				  303.63. Differences among
				  institutions make some differences in specific policies and procedures relating
				  to conduct necessary. Delegating authority to permit these differences, limited
				  though they are, is provided for under this chapter. Chapter
				  DOC 303 sets forth the procedure
				  for inmate discipline. It structures the exercise of discretion at various
				  decision making stages in the disciplinary process, including the decision to
				  issue a conduct report, the decision to classify an alleged violation as major
				  or minor, and sentencing. Codifying the rules of discipline in a clear,
				  specific way serves important objectives by itself. Thus, having specific,
				  written rules which deal with prison discipline has the advantages of stating
				  clearly what conduct is prohibited, of eliminating unnecessary discretion,
				  increasing equality of treatment, increasing fairness, and raising the
				  probability that inmates will follow the rules. In addition, there are
				  advantages to the formal rulemaking process:
(1) Rules are made by top officers and administrators in
				  consultation with line staff and others, rather than ad hoc by correctional
				  officers. Thus, greater experience can be brought to bear on the
				  decision-making. This is superior to following unquestioned tradition.
(2) The rulemaking process results in public input. The
				  "sunshine" effect results in the elimination of abuses and can also provide new
				  perspectives on more subtle questions. Also, corrections officers are public
				  servants and rulemaking, by exposing their decision-making process to the
				  public, is more democratic than a system of following unwritten or at least
				  unpublished traditional policies.
Note:
				  DOC
				  303.03. The concept of a lesser included offense is
				  derived from the theory of the same name in the criminal law. In these rules,
				  it serves 2 distinct functions. First, it serves to put the inmate on notice
				  that, while charged in writing with one offense, is also charged and may be
				  convicted of either the offense charged or a lesser included offense.
The second function is to insure that an inmate is not
				  punished twice for a single act which satisfies the elements of more than one
				  offense, where conviction for more than one offense is unfair.
If an inmate is charged with a lesser included offense and
				  the committee considers the case, the inmate cannot be later charged with the
				  greater offense. Similarly, if an inmate is charged and found guilty of a
				  higher offense, he or she cannot later be charged with a lesser included
				  offense.
If an act violates more than one section, the offense which
				  best describes the conduct should be charged. This would not prevent separate
				  convictions for a series of related but distinct acts.
Note:
				  DOC
				  303.05. A purpose of conspiracy statutes in general
				  and of this section is to enable law enforcement and correctional officers to
				  prevent group criminal or prohibited activities at an earlier stage than the
				  stage of attempt. Group activities against the rules pose a greater risk than
				  similar individual activities, and this justifies intervention at an earlier
				  stage and punishment for acts which, if done by an individual, would not be
				  against the rules.
The reason that conspiracy has been made a lesser included
				  offense is the similarity between conspiracy and attempt. Both kinds of
				  offenses provide a sanction against activity which is preparatory to an actual
				  offense. If the offense is completed, however, conspiracy should be included in
				  the other offense just as attempt is.
This section has some overlap with
				  DOC
				  303.20, Group resistance. However, an inmate need not
				  personally break any substantive rule to be guilty of conspiracy; if a group of
				  inmates agree to participate and then one inmate starts to put the plan into
				  effect,
all
are guilty of conspiracy. On the other hand, no
				  plan or agreement need be shown to prove a violation of
				  DOC
				  303.20.
				  DOC
				  303.20 is intended to deal with nonviolent group
				  activity of a public, disruptive type, such as group refusal to work, while
				  DOC 303.21
				  is aimed at secret plans for violations of all types.
Conspiracy is a lesser included offense of the planned
				  offense and also of
				  DOC
				  303.07, Aiding and abetting.
Note:
				  DOC
				  303.06. Under sub.
(3), the maximum penalty for an attempt may be the same as
				  for a completed offense. This is based on the belief that an event over which
				  the actor had no control should not reduce liability so greatly, and on the
				  knowledge that the perpetrator of an attempt is just as dangerous and just as
				  much in need of a deterrent (punishment) as the perpetrator of a completed
				  offense. Of course, the circumstances of an attempt may lead to mitigation in
				  punishment.
Note:
				  DOC
				  303.07. Sub. (3) states a principle which is followed
				  in modern criminal law. In Wisconsin a person cannot be found guilty of aiding
				  and abetting and the offense itself based on the same incident. In factually
				  ambiguous situations, however, sub. (3) leaves open the option of charging a
				  person with both and letting the hearing officer or adjustment committee decide
				  which is most appropriate.
Sub.
(5) provides that the maximum sentence for aiding and
				  abetting is the same as that provided for the offense itself in
				  DOC
				  303.84. Obviously, however, in many cases the aider or
				  abettor will not be as culpable as the actual perpetrator of the offense. In
				  such cases, the committee or hearing officer should use its discretion to
				  select an appropriate lower sentence.
Note:
				  DOC
				  303.08. It is necessary to permit institutions to
				  discipline inmates for violations of specific policies and procedures of the
				  institution. For example, violation of work place policies or procedures
				  regarding recreation may result in a penalty. Likewise, housing units may have
				  policies and procedures necessary for the maintenance of order. These policies
				  will vary from institution to institution and place to place within
				  institutions.
Note:
				  DOC
				  303.09. This section requires that the rules and notes
				  pertaining to inmate discipline be published.
Due process and fundamental fairness require that inmates be
				  given notice of the rules they are expected to follow. Major changes which
				  require written notice to inmates include, an additional offense, a change in
				  process or any change affecting MR date. In addition, awareness and
				  understanding of the rules and of the sanctions for breaking them should
				  increase compliance with them. Authorities on correctional standards agree that
				  disciplinary rules should be made available to inmates in the form of a
				  rulebook. See the note to
				  DOC
				  303.01.
Note:
				  DOC
				  303.10. In a prison it is necessary to regulate very
				  carefully the property which may be kept by the inmates. See "Contraband
				  offenses,"
				  DOC
				  303.42 -
				  303.48. This section provides the
				  authority to deal with contraband in situations where no one is charged with an
				  offense, as well as when someone is charged and found guilty.
Note:
				  DOC
				  303.11. The main purpose of the section authorizing
				  temporary lockup is to allow temporary detention of an inmate until it is
				  possible to complete an investigation, cool down a volatile situation or hold a
				  disciplinary hearing. The effort is to avoid punitive segregation without a
				  prior hearing, while assuring that inmates can be separated from the general
				  population when there is good reason to do so. The policy is to keep an inmate
				  in TLU only as long as necessary and then either to release the inmate or put
				  the inmate in segregation based on a disciplinary hearing which conforms to the
				  provisions of this chapter. The frequent reviews by high-ranking administrators
				  and the 21-day limit, both provided by sub. (3), are designed to implement this
				  policy, as well as to give the inmate an opportunity to be heard on the issue
				  of whether TLU is appropriate.
Placement in TLU does not affect MR.
The policy is to use TLU only for an appropriate reason.
				  Where TLU is no longer appropriate, it should be discontinued. There are
				  situations, however, when its use for periods up to 21 days, or an additional
				  period of time, is justified. This period may be extended. It is anticipated
				  that such extensions will be relatively rare.
Sub. (4) identifies the situations in which TLU may be
				  appropriate.
It must be emphasized that there are dangers in correctional
				  institutions that may not exist outside them. For example, an inmate who
				  encourages others to defy authority may create an immediate and real danger. If
				  TLU cannot be relied on to isolate such an individual, it is likely that
				  measures have to be taken against the group, though the group is not
				  culpable.
Likewise, an inmate who is intimidating a witness should be
				  restricted, rather than the victim of the intimidation. This may be the only
				  choice available to correctional officers. Sub. (4) (a). Also, an inmate's
				  presence in the general population may greatly inhibit an investigation because
				  the inmate may destroy evidence not yet discovered by authorities. Temporary
				  isolation until the evidence is found is required. Sub. (4) (a).
During evening recreation, the staff is small, yet large
				  numbers of inmates may be outside their cells. Unless the authority exists to
				  temporarily isolate one who is trying to create a disturbance, it will be
				  necessary to cut short recreation for everyone to prevent trouble. This seems
				  unfair, yet would result if an inmate who was encouraging defiance were not
				  isolated in such a situation. Sub. (4) (b).
Some inmates need to be temporarily isolated for their own
				  protection. For example, an inmate may be endangered by virtue of having
				  cooperated in an investigation. The threat may be such that the only effective
				  way to protect him or her is through TLU. Sub. (4) (c).
Sometimes TLU is necessary to prevent escape. For example, an
				  inmate in a camp who has committed an infraction that is ultimately going to
				  affect an expected parole may panic and try to escape. Sub. (4) (d).
Note:
				  DOC
				  303.12. This section and
				  DOC
				  303.17, Fighting, have considerable overlap. An inmate
				  should not be found guilty of violating both sections based on a single
				  incident. If it is possible to determine the aggressor in a fight, this section
				  rather than
				  DOC
				  303.17 should be used.
Lesser-included offenses:
				  DOC
				  303.17, Fighting and
				  DOC
				  303.28 Disruptive Conduct.
Note:
				  DOC
				  303.13. Most of the various situations covered by s.
				  940.225, Stats.,
				  such as intercourse with a child, are not relevant to the prison situation.
				  Therefore, the only distinction in these sections is between non-consensual
				  intercourse and all other types of non-consensual sexual contact. Intercourse
				  is considered to be the more serious offense.
Lesser included offenses:
				  DOC
				  303.14, Sexual assault-contact;
				  DOC
				  303.15, Sexual conduct.
Note:
				  DOC
				  303.14. Examples of violations of this section are
				  kissing or handholding, grabbing or touching another person's breast, buttocks
				  or genitals (even through clothing), rubbing one's genitals against another
				  person (even through clothing). If the other person consents to the contact,
				  this section is not violated, but both persons have violated
				  DOC
				  303.15, Sexual conduct.
Violation of this section is less serious than violation of
				  DOC
				  303.13, and this section is a lesser included offense
				  of that one. See
				  DOC
				  303.03 on lesser included offenses. However, where an
				  inmate has violated this section in an attempt to rape the other person, a
				  charge of attempted sexual assault-intercourse would be appropriate. See ch.
				  DOC 309 for permissible displays of affection during visits.
Lesser included offense:
				  DOC
				  303.15, Sexual conduct.
Note:
				  DOC
				  303.15. It is not always possible to prove lack of
				  consent to sexual activity in situations where it is likely that one inmate is
				  taking advantage of another. Thus, prohibiting consensual sexual contact helps
				  to prevent sexual assault. This section also forbids consensual sex between
				  married people. See chapter
				  DOC 309 for permissible displays
				  of affection during visits.
Note:
				  DOC
				  303.16. As with all of the offenses against persons,
				  the purpose of this section is the protection of the safety and security of
				  inmates, staff and the public.
DOC
				  303.28, Disruptive conduct and
				  DOC
				  303.25, Disrespect, are related offenses.
Note:
				  DOC
				  303.18. In order that the record of an inmate more
				  accurately reflects the seriousness of his or her acts, there are three
				  distinct offenses.
				  DOC
				  303.18 is the most serious and should be used against
				  "ringleaders" of a serious disturbance which involves violence.
				  DOC
				  303.20 is designed for a non-violent disturbance-for
				  example, a sit-down strike.
Lesser included offenses:
				  DOC
				  303.19, Participating in a riot;
				  DOC
				  303.20, Group resistance and petitions;
				  DOC
				  303.28, Disruptive conduct.
Note:
				  DOC
				  303.19. See the note to
				  DOC
				  303.18.
Lesser included offenses:
				  DOC
				  303.20, Group resistance and petitions;
				  DOC
				  303.28, Disruptive conduct.
Note:
				  DOC
				  303.20.
				  DOC
				  303.20(1) differs from conspiracy
				  (DOC
				  303.05 ) in that under this section each individual
				  must actually disobey a rule or participate in unauthorized group activity,
				  while under
				  DOC
				  303.05 an inmate may be punished for merely planning
				  an offense. Also, under
				  DOC
				  303.05 a plan or agreement is required, while under
				  sub. (1) spontaneous group action can be punished. Finally, punishment under
				  this section can be added to punishment for the particular rule violated, while
				  punishment for conspiracy cannot, because conspiracy is a lesser included
				  offense of the planned offense.
The inmate complaint review system in sub. (2) is the
				  appropriate method for bringing group complaints. To permit such complaints or
				  statements outside the system could seriously disrupt a prison. Experience has
				  proven that it is important that there be as few opportunities as possible for
				  coercion of one inmate by another. Unrestricted rights to petition in groups
				  generate intimidation and coercion as inmates try to force others to join them.
				  The authorized methods are thought to protect inmates' rights to petition and
				  to express their views.
The complaint system provides a structured way to investigate
				  and respond to complaints. It requires, for example, time limits for responses,
				  to insure that the complaints are addressed. It requires that complaints be
				  signed. Without this, adequate investigation is usually impossible.
Reliance on the complaint system seems to restrict first
				  amendment rights only as is necessary to permit the maintenance of order in
				  institutions. Sub. (2) prohibits petitions only within an institution. There is
				  no intention to limit petitions addressed to those outside an institution.
				  Typically, this activity is a letter signed by more than one inmate to a
				  newspaper or public official. Sub. (3) makes it an offense to identify with a
				  gang by some overt act such as signing. Gangs pose a serious threat to
				  institutions. Like many prison rules, this one is aimed at conduct which taken
				  alone might not seem serious to people without experience in corrections. In
				  Wisconsin, the experience has been that permitting such activity creates
				  significant problems and can contribute to the erosion of authority which leads
				  to serious prison disturbances. States that have permitted such activity have
				  uniformly had major problems in their institutions.
See the notes to
				  DOC
				  303.18 and
				  303.05.
Note:
				  DOC
				  303.21. Cruelty to animals can evoke strong emotional
				  and physical reactions by inmates who either commit or witness the act. Not
				  only is this behavior unacceptable, but it can also lead to physically violent
				  retaliation among inmates which compromises the security and safety of both
				  inmates and staff. The purpose of this section is to prevent incidents of
				  animal cruelty and retaliatory action while ensuring a greater level of
				  security in the institution.
Note:
				  DOC
				  303.22. Since escape is an extremely serious offense
				  (it is one of the few disciplinary offenses which is frequently prosecuted), it
				  is important to define it carefully.
If an inmate is off grounds on work or study release or on
				  furlough, physical deviation from his or her assigned location is enough to
				  prove escape. Of course, an inmate who deviated from a prescribed route or left
				  an area would probably be guilty of violating
				  DOC
				  303.24, Disobeying orders.
An inmate may be prosecuted in criminal court and also for a
				  rule violation for the same incident.
Lesser included offense:
				  DOC
				  303.51, Leaving assigned area.
Note:
				  DOC
				  303.23. The purpose of this section is to help prevent
				  more serious offenses, such as escape, and to promote identification of the
				  offender in other cases.
Note:
				  DOC
				  303.24. Because of the close proximity of large
				  numbers of people in a prison, prompt obedience to orders is necessary for
				  orderly operation. Obedience is also an important aspect of learning
				  self-discipline.
Under this section, the staff member giving the order need
				  not say, "I am giving a direct order," although this is frequently a desirable
				  practice.
Note:
				  DOC
				  303.25. Disrespectful behavior of the type prohibited
				  by this section can lead to a breakdown of authority or a serious disturbance
				  This section is directed at conduct within the institution which is potentially
				  disruptive or which erodes authority, not at activity outside the
				  institution.
Note:
				  DOC
				  303.26. This section forbids all types of contacts
				  between inmates and staff which could lead to favoritism or bribery. Just as
				  theft would be very difficult to control in a prison without a rule prohibiting
				  all transfer of property (See
				  DOC
				  303.40 ), so bribery and favoritism would be difficult
				  to control in the absence of a rule prohibiting all exchanges between staff and
				  inmates. Also, the appearance of impropriety may be as destructive to inmate or
				  staff morale as would actual impropriety. The existence of unwritten exceptions
				  tends to undermine respect for the rule as a whole because it may appear to the
				  inmates to represent either half-hearted or arbitrary enforcement.
Note:
				  DOC
				  303.27. Purposes of this section are to help maintain
				  orderly and efficient operation of the institution and to encourage people to
				  tell the truth. On the outside, lying is only punished as a criminal offense if
				  the lie was made under oath. However, in prison the contacts between inmates
				  and state authorities are much more pervasive and a false statement, even one
				  not made under oath, can have serious consequences.
Note: DOC 303.271. Lying about staff can hurt the staff
				  member and affect staff morale generally. There have been several instances in
				  which inmates deliberately made false allegations concerning corruption and
				  sexual misconduct by staff. The nature of the allegations and the fact that,
				  upon investigation, it became evident the inmate was trying to injure the staff
				  member, led to the conclusion that this behavior should subject inmates to
				  punishment. The inmate complaint review system will not insulate inmates from
				  all liability. However, if the inmate does not reveal the false statement to
				  persons outside the complaint system, and actual harm to the staff member is
				  minimized. Since the implicated staff member can write the conduct report, the
				  likelihood of retaliation against inmates for legitimate use of the complaint
				  system is reduced.
Note:
				  DOC
				  303.28. This section is intended to help preserve a
				  reasonably quiet and orderly environment for the benefit of all inmates and
				  staff. Its counterpart offense outside the institution setting is "disturbing
				  the peace."
Note:
				  DOC
				  303.30. This is another example of a rule which
				  prohibits action which in itself is not harmful; however, the rule is necessary
				  as an aid in controlling more dangerous behavior. In this case, controlling
				  secret means of communication helps prevent conspiracies and escapes. If at any
				  time a deaf or mute person is an inmate at an institution, this section should
				  not be applied to use of sign language by or to that person.
Note:
				  DOC
				  303.31. This section is intended to protect members of
				  the public from being misled by an inmate concerning his or her identity or
				  status, and to avoid confusion of staff members concerning the identity of
				  inmates. This section should not be interpreted to forbid use of common and
				  recognizable nicknames, initials, or a shortened form of the first or last
				  name.
Note:
				  DOC
				  303.32. The purposes of this section are to prevent
				  inmates who set up businesses from taking advantage of any member of the
				  public; to prevent any state liability upon contracts entered into by inmates;
				  and to prevent fraud on the public by inmates who order items and do not pay.
				  If inmates were allowed to conduct businesses by mail from inside an
				  institution, this would greatly increase the amount of mail and supervision
				  required. Furthermore, it is possible an unsuspecting outsider would pay for
				  something the inmate could not supply, leading to the unsatisfactory
				  alternatives of a victim who has lost money, or state liability. Inmates have
				  opportunities to work in institutional jobs and on work release, and to sell
				  hobby items through official channels. These opportunities plus the exception
				  provide sufficient ways for inmates to work, make money, and learn
				  skills.
Note:
				  DOC
				  303.34. Most cases of theft in prison are minor and
				  criminal sanctions are not an effective means of deterring theft. In fact, this
				  section alone is not considered enough to control theft without the addition of
				  other sections such as
				  DOC
				  303.40, Unauthorized transfer of property;
				  DOC
				  303.50, Loitering; and
				  DOC 303.52,
				  Entry of another inmate's quarters.
Lesser included offense:
				  DOC
				  303.40, Unauthorized transfer of property.
Note:
				  DOC
				  303.35. A purpose of this section is to protect the
				  property of inmates, staff, and the state. There is a parallel criminal
				  statute, s.
				  943.01,
				  Stats., but except in extreme cases, violations of this section will probably
				  be handled through the disciplinary process rather than by prosecution.
Inmates may only destroy their own property with specific
				  authorization. "Authorization" is defined under
				  DOC
				  303.02. Inmates may not authorize damage or alteration
				  of property. This is because it is important to monitor such destruction.
				  Without current property lists, it is impossible to keep track of property in
				  institutions.
Note:
				  DOC 303.36.
				  See the notes to
				  DOC 303.35
				  and
				  303.37.
Note:
				  DOC
				  303.37. The purpose of this section is to protect the
				  property and safety of inmates and staff and the property of the state. Because
				  of the dangerous potential of fires, arson is punishable even if no damage to
				  property occurs (see
				  DOC 303.35
				  ). If damage does occur, an inmate could be punished for violating both this
				  section and
				  DOC
				  303.35. In addition, starting a fire or creating a
				  fire hazard is punishable even where not done intentionally (see
				  DOC
				  303.39 ). Violation of this section is more serious
				  than violation of
				  DOC
				  303.39.
Lesser included offenses:
				  DOC
				  303.38, Causing an explosion or fire;
				  DOC
				  303.39, Creating a hazard;
				  DOC
				  303.47, Possession of contraband-miscellaneous.
Note:
				  DOC
				  303.38. The purpose of this section is to protect the
				  property and safety of inmates and staff and the property of the state. Because
				  of the dangerous potential of explosions; intentionally causing an explosion is
				  punishable even if no damage occurs, and if damage does occur an inmate could
				  be punished for violating both this section and
				  DOC
				  303.35. Also, negligently causing an explosion is
				  punishable under
				  DOC
				  303.39, if a hazard is thereby created.
Note:
				  DOC
				  303.39. The purpose of this section is to protect the
				  property and personal safety of inmates and staff, and to protect state
				  property. Because of the high density living situation in a prison,
				  carelessness can endanger large numbers of people and create a very serious
				  risk. Therefore, the standard of care of reasonable people must be enforceable
				  through the disciplinary process.
Note:
				  DOC
				  303.40. This section is designed to aid in the
				  prevention of a variety of other offenses or undesirable activities: theft (or
				  forced "borrowing," or unfair "sales"); gambling; selling of favors by inmates
				  with access to supplies, equipment, information, etc.; and the selling of
				  sexual favors.
Most property items of significant value are easily
				  recognizable (inmates are not allowed to keep money in their possession), so if
				  an item belonging to one inmate is found in the possession of another, a
				  violation of this section is easy to prove even though it may be impossible to
				  prove that theft, gambling or some other offense took place.
The sections on contraband (DOC
				  303.42 -
				  303.47) cover unauthorized acceptance
				  of gifts from outsiders. Unauthorized transfers involving staff members are
				  covered by
				  DOC
				  303.26, Soliciting staff.
				  DOC 303.36
				  covers unauthorized use of state property, Misuse of state property. Therefore,
				  this section only covers transfers between inmates. Misuse of state or federal
				  property is a lesser included offense of
				  DOC
				  303.34, Theft,
				  DOC
				  303.43, Possession of Intoxicants, and of
				  DOC 303.57,
				  Misuse of Prescription Medicine.
Note:
				  DOC
				  303.41. In the prison setting almost any writing is of
				  potential legal significance, since letters are sometimes monitored, many memos
				  are put into inmates' files, and notes might be used as evidence in
				  disciplinary proceedings. Also, the smooth and fair operation of the prison
				  depends on the reliability of records such as canteen books, passes, orders,
				  prescriptions and files.
This section is not a lesser included offense of theft; if a
				  forged document is successfully used to obtain someone else's property, the
				  inmate has violated both
				  DOC
				  303.34, Theft, and this section.
Note:
				  DOC
				  303.42. Circulation of money is not permitted within
				  the institutions for the same reasons that transfer of property is not allowed.
				  See the note to
				  DOC
				  303.40. Since unlike other types of personal property,
				  money is not readily identifiable, it would be impossible to prevent transfer
				  of money if inmates were allowed to keep it in the institution. Accounts have
				  been set up for all inmates in which they can deposit their money and from
				  which they can send money to friends, relatives or persons selling goods. See
				  departmental rules relating to inmate accounts.
Lesser included offense:
				  DOC
				  303.47, Possession of contraband-miscellaneous.
Note:
				  DOC
				  303.43. The purposes of this section are to prevent
				  intoxicating substances from being brought into institutions, to protect
				  inmates and staff from intoxicated persons and to prevent escape. People under
				  the influence of intoxicants often act abnormally and may injure themselves or
				  others. In a prison, intoxicants are particularly troublesome because acting
				  without inhibition can be dangerous to others. Many inmates who try to escape
				  and who attack staff and other inmates are under the influence. It is important
				  to control such conduct by controlling the substances which create the
				  risks.
See
				  DOC
				  303.02 regarding the definitions of "authorization"
				  and "intoxicating substance."
Lesser included offenses:
				  DOC
				  303.40, Unauthorized transfer of property and
				  DOC
				  303.47, Possession of contraband-miscellaneous.
Note:
				  DOC
				  303.44. This section is designed to help carry out the
				  same purposes described in the note to
				  DOC
				  303.43 as the purposes for a rule against possession
				  of intoxicating substances. It is easier to control the use of the forbidden
				  substances if the means for making or using the substances are
				  unavailable.
Lesser included offense:
				  DOC
				  303.47, Possession of contraband-miscellaneous.
Note:
				  DOC
				  303.45. The purpose of this section is to protect the
				  safety of inmates and staff by taking dangerous items away from inmates
				  whenever it appears that an inmate is planning to use an item as a weapon, and
				  by making possession of weapons a punishable offense.
Many items which an inmate may legitimately possess could
				  also be used as weapons. For example, possession of a razor blade which is
				  located in a razor or in a box of blades and with other toiletry items would
				  not, in itself, be an offense. But carrying around a single razor blade,
				  especially outside the cell, would probably be an offense. Sub. (1) deals with
				  items which are still in their original form and which have both a legitimate
				  use and use as a weapon. Examples are knives, kitchen utensils, matches,
				  cigarettes, tools and heavy objects. On the other hand, sub. (2) deals with
				  items which have been altered from their original form. Examples include a
				  spoon or table knife which has been sharpened and a razor blade which has been
				  taped or fitted to a handle. If an inmate makes or alters such an item, there
				  is no need to show that he or she intended to use it as a weapon. Finally, sub.
				  (3) deals with items which have no other purpose than to be used as weapons.
				  Examples include guns, explosives, switchblade knives and many of the homemade
				  items which are also covered by sub. (2). Inmates are not allowed to have such
				  items under any circumstances and they will be confiscated.
Lesser included offense:
				  DOC
				  303.47, Possession of contraband-
				  miscellaneous.
Note:
				  DOC
				  303.47. The purposes of controlling the types and
				  quantities of property which inmates may have with them are:
(1) to prevent trading, and more serious offenses associated
				  with it, among inmates (see
				  DOC
				  303.40 and note);
(2) to simplify storage;
(3) to keep out items which are likely to be misused; and
(4) to keep out extremely valuable items which may create
				  jealousy among inmates. Items in sub. (2) (b)-(d) are included in order to help
				  prevent trading and theft.
Items which are covered by this section and are not covered
				  by any of the more specific sections are items which are not, in themselves,
				  dangerous. Therefore, even when an inmate is guilty because he or she failed to
				  register an item, had a prohibited item or had too many of one kind of item,
				  the inmate's property is not confiscated. Property is disposed of or returned
				  in accordance with
				  DOC
				  303.10.
The types of items allowable vary from institution to
				  institution, so no actual listing is given here. Rather, a listing of all
				  allowable property should be posted at each institution in accordance with
				  department policies relating to personal property. This section gives notice
				  that the posted lists exist and that violation of them is a disciplinary
				  offense. Possession of Contraband-Miscellaneous is a lesser included offense of
				  DOC
				  303.37, Arson,
				  DOC
				  303.42, Possession of Money,
				  DOC
				  303.43, Possession of Intoxicants,
				  DOC
				  303.44, Possession of Drug Paraphernalia,
				  DOC
				  303.45, Possession, Manufacture, and Alteration of
				  Weapons, and of
				  DOC 303.46,
				  Possession of Excess Smoking Materials.
Note:
				  DOC
				  303.48. Use of the mails is an important right of
				  prisoners which is protected by the first amendment to the U.S. Constitution
				  and may not be abridged except under the following circumstances:
First, the regulation or practice in question must further an
				  important or substantial governmental interest unrelated to the suppression of
				  expression. Second, the limitation of First Amendment freedoms must be no
				  greater than necessary or essential to the protection of the particular
				  governmental interest involved.
Chapter
				  DOC 309 governs the use of the
				  mail by inmates. Basically, inmates may correspond with anyone unless the
				  inmate or the correspondent abuses the privilege. Then, the right to correspond
				  with a particular person may be terminated pursuant to ch. DOC 309 or as part
				  of a disciplinary hearing. Sub.
(1) only comes into play if the right to correspond with a
				  particular person has already been terminated. If the inmate nonetheless
				  corresponds with that person, for example by enclosing a message inside a
				  letter or package to someone else, the inmate has violated this section.
The purposes of sub.
(2) are the same as the purposes of
				  DOC
				  303.42 and
				  303.46. See the notes to those
				  sections. Inmates should not be allowed to send away, for safekeeping, items
				  which were improperly acquired, such as money, drugs, weapons or the property
				  of others. This section is only intended to apply to situations where the
				  inmate personally puts items into an envelope or package. For example, if money
				  from the inmate's account is sent out to pay for a purchase, there is no
				  violation.
A person should not be charged with a violation of
				  DOC 303.30
				  and this section for the same act.
Note:
				  DOC
				  303.49 to
				  DOC 303.52.
				  In general, all of the sections concerning movement have the following
				  purposes:
(1) to prevent escape by monitoring inmates' movements;
(2) to prevent fights, assaults and disturbances by
				  preventing gathering of groups except in closely supervised situations; and
(3) to permit the effective monitoring of inmate activity
				  both in the institution and while the inmate is on work or study release. In
				  addition,
				  DOC
				  303.49, Punctuality and attendance, is intended to
				  promote the smooth running of all programs of work, study and recreation, and
				  to promote development of punctual habits by inmates.
				  DOC 303.52
				  has the additional purposes of preventing theft and other illicit activity.
				  DOC
				  303.50 is not intended to prohibit normal conversation
				  between inmates who are walking.
Note:
				  DOC
				  303.54. The purposes of this section are to aid in the
				  enforcement of the contraband rules and to prevent possible poisoning or misuse
				  of items due to improper labeling. The exact list of items which are covered by
				  this section will be posted at each institution; this section only names the
				  types of items which are likely to be covered.
Note:
				  DOC
				  303.55. In the close living conditions of a prison, a
				  messy or dirty room could become a breeding ground for bacteria or a haven for
				  pests such as insects or mice, and thus threaten the health and safety of the
				  inmate of that room and of others. Where two or more inmates share quarters,
				  differences in habits of neatness could lead to arguments or to an unpleasant
				  environment for one person. Finally, development of the habit of neatness is
				  part of rehabilitation. For all of these reasons, neatness and cleanliness of
				  rooms is regulated. However, since the layout of rooms, the laundry
				  arrangements and the content of rooms varies greatly among institutions, the
				  particular requirements are not contained in this section but instead will be
				  posted at each residence hall or institution. See
				  DOC
				  303.08, Institutional policies and procedures.
The organization of living quarters is also important because
				  it is essential for staff to be able to observe quarters and because rooms can
				  be arranged in a way that creates a fire hazard. Thus, the organization of
				  rooms is also subject to institution policies.
Violation of
				  DOC
				  303.24, Disobeying orders, should not be charged when
				  an inmate violates this section, unless the inmate has been warned and still
				  refuses to clean up.
Note:
				  DOC
				  303.56. The purpose of this section is to protect the
				  health and safety of all inmates and staff.
Note:
				  DOC 303.57.
				  Use of prescription medications must be carefully monitored because many of the
				  medications have mind-altering qualities and could be abused just as controlled
				  substances such as heroin, cocaine, marijuana, or alcohol can be abused. See
				  note
				  DOC
				  303.43, Possession of intoxicants, for the reasons
				  behind the policy of not allowing inmates to use any mind-altering
				  drugs.
Because the very same policy explains
				  DOC
				  303.43 and
				  303.59, and this section, inmates
				  should not be found guilty of violating both this section and one of the others
				  on a single occasion unless more than one type of drug was involved. Rather,
				  the reporting officer, or the hearing officer or adjustment committee, should
				  decide which of the sections is most appropriate.
Lesser included offense:
				  DOC
				  303.40, Unauthorized Transfer of Property.
Note:
				  DOC
				  303.58. The purpose of this section is to protect the
				  safety and health of the inmates. Tattooing, ear piercing and other forms of
				  self-mutilation can lead to serious infections. In addition, some forms of
				  disfigurement could lead to identification problems.
This section is only intended to cover injury to oneself or
				  to another person with that person's consent. Injury to another person without
				  DOC
				  303.12, Battery, covers his or her consent.
Note:
				  DOC
				  303.59. The reasons for the policy of not allowing
				  inmates to use any kind of intoxicating drugs, including alcohol, are given in
				  the note to
				  DOC
				  303.43.
This section does not cover misuse of prescription
				  medications because it is already an offense covered by
				  DOC 303.57.
				  For the purpose of deciding which of the 2 sections applies, "prescription
				  medication" means only drugs obtained properly or improperly, directly or
				  indirectly, from pharmacy supplies at the institution. The fact that some
				  doctor sometimes prescribes a particular drug somewhere does not make it a
				  "prescription medication" for purposes of this section.
In sub. (2) use of intoxicating substances is proven by a
				  positive test result performed on body contents specimens or breath or through
				  physical examinations. The department uses reliable tests accepted by the
				  scientific community and follows the standards suggested by the test authors or
				  manufacturers. With respect to urinalysis, an inmate is considered to have
				  refused to submit to a body fluids search if he or she does not provide a urine
				  specimen within a reasonable time after the request.
Note:
				  DOC
				  303.60. Gambling is forbidden for the following
				  reasons:
(1) it can result in some players being cheated or taken
				  advantage of;
(2) it can lead to serious debts which in turn lead to
				  violence, intimidation and other problems;
(3) even without cheating or large debts, it can create
				  strong emotions leading to violence or other discipline problems;
(4) some inmates have a psychological dependence on gambling
				  (similar to alcoholism) which has been associated with criminal behavior in the
				  past. Removing the opportunity for gambling could help such inmates to overcome
				  this problem.
Thus, for example, betting a pack of cigarettes on the
				  outcome of a TV football game is an offense. It would also violate
				  DOC
				  303.40, Unauthorized transfer of property, if the bet
				  was paid. The experience of staff is that even this type of betting can lead to
				  serious problems for the reasons listed earlier.
Note:
				  DOC
				  303.61. See the note to
				  DOC
				  303.62.
Note:
				  DOC
				  303.62. Performance of work assignments is vital to
				  the operation of each institution. Laundry, food preparation, cleaning, and
				  maintenance are among the tasks performed by inmates. Enforcement, through the
				  disciplinary process, of the duty to work is necessary to the smooth running of
				  the institution.
Even where an inmate is not assigned work which is vital to
				  the institution's operation, the inmate must work or study if assigned to do
				  so. These sections are designed to instill habits of dependability and
				  responsibility which are important in getting and keeping jobs on the
				  outside.
Note:
				  DOC
				  303.63. Each institution, due chiefly to its unique
				  physical facilities, security requirements and programs, must have the
				  authority to regulate matters more specifically and frequently than is possible
				  through the rulemaking process. This section provides the authority to do so.
				  Violations of policies and procedures authorized under this section may be
				  treated as violations permitting punishment. Such policies and procedures must
				  be related to the objectives under
				  DOC
				  303.01.
Note:
				  DOC
				  303.64. This section gives an overview of the
				  different ways a rule violation can be handled. In general, less serious
				  offenses are handled by informal means, such as counseling, warning or summary
				  punishment with consent of the inmate. More serious offenses are handled by
				  more formal means, including a hearing by an impartial officer or committee at
				  least 2 working days after notice is given, an opportunity to respond to the
				  charges and an opportunity for appeal. In addition, in the most serious or
				  "major" cases the accused may have the opportunity to call witnesses and
				  present evidence, the opportunity to confront and cross-examine adverse
				  witnesses and the assistance of a staff member in preparing for the
				  hearing.
The goal of fairness is advanced by the procedural rules in
				  several ways:
(1) the hearing officer or adjustment committee is impartial;
(2) the officer's or committee's decision must be based on
				  all relevant information, and on a decision that it is more likely than not
				  that the incident occurred;
(3) various safeguards assure that the inmate's side of the
				  story is fully presented. In some cases, any or all of the following are
				  allowed: a staff member's help in preparing for the hearing, an opportunity to
				  present evidence and witnesses, and an opportunity to confront and
				  cross-examine adverse witnesses. In all cases, the inmate can make a statement
				  on his or her own behalf;
(4) the officer or committee is required to make a written
				  report of the decision and reasons for it. This allows review of the decision;
(5) there are guidelines set out to help the staff member
				  make certain decisions, such as the decision whether to write a conduct report
				  and the decision of what punishment to impose.
Note:
				  DOC
				  303.65. This section recognizes that it is not
				  desirable or necessary to handle all observed rule violations through the
				  formal disciplinary process, and it provides guidelines for the exercise of
				  discretion by staff members. This helps to increase uniformity and to increase
				  understanding of the disciplinary rules and the enforcement policy among both
				  inmates and staff.
Although this section limits the staff member's discretion
				  (for example, a staff member may not handle a major offense, such as fighting,
				  informally), there is still considerable scope for the staff member's judgment,
				  for example, in deciding whether the inmate is likely to commit the offense
				  again. The staff member's experience can guide him or her in making this
				  judgment better than a detailed rule could. Also, even if the staff member may
				  handle a rule violation informally, this section does not require the staff
				  member to do so when in his or her judgment discipline is needed.
Sub.
(1)
(d) refers to the purposes of the individual sections and the
				  rules generally in
				  DOC
				  303.01. A statement of the purpose of each
				  disciplinary rule in this chapter can be found in the note to that section.
				  These notes in some cases give examples of situations where the rule should
				  normally not be enforced.
Note:
				  DOC
				  303.66. If a staff member has decided, using the
				  guidelines in
				  DOC
				  303.65, that counseling or warning an inmate is not
				  the best response to a particular infraction, the next step is to write a
				  conduct report. The contents of the conduct report are described in sub. (2). A
				  conduct report is the first step for all 3 types of formal disciplinary
				  procedures: summary punishment, minor offense hearing and major offense
				  hearing.
If the staff member did not personally observe the
				  infraction, sub.
(1) requires that he or she investigate any allegation to be
				  sure it is believable before writing a conduct report. An informal
				  investigation by the reporting staff member can save the time of the adjustment
				  committee by weeding out unsupported complaints, and can also provide
				  additional evidence to the adjustment committee if any is found.
Sub.
(3) provides that there should be a conduct report for each
				  action which is alleged to violate the sections. If one action violates 3
				  sections only one report is required. Presumably, the report would list the
				  sections violated and state the relevant facts. This is an effort to avoid
				  unnecessary use of forms.
There is no "statute of limitations" for writing the report.
				  Rather, the guiding factor, when there is time between the alleged offense and
				  the conduct report, should be whether the inmate can defend himself or herself
				  and not be unfairly precluded from doing so due to the passage of time.
Note:
				  DOC
				  303.67. A conduct report is the initial step in the
				  formal disciplinary process. Any staff member may write it. Unless the accused
				  inmate admits the charges and submits to summary punishment (see
				  DOC 303.74
				  ), the next step is review by the security office.
If summary disposition of the case has already occurred, the
				  security office also reviews the conduct report. The same type of review for
				  the appropriateness of charges should be made, as well as a review of the
				  appropriateness of writing a conduct report (see
				  DOC
				  303.65 ) and of the appropriateness of the sentence
				  imposed. The security director may reduce the punishment or charges, if a
				  violation has been treated summarily. The security director may not add to
				  them, since summary punishment is based on consent of the inmate and the inmate
				  has only admitted the charges which were originally written on the conduct
				  report. Only if the conduct report and the punishment are approved may a record
				  of the violation be included in the inmate's files.
In order to preserve the option of using a major punishment,
				  the security office will designate a conduct report as containing a "major
				  offense" whenever it seems possible that segregation, extension of the
				  mandatory release date or loss of good time will be imposed by the adjustment
				  committee. Some offenses are always major offenses; these are listed in sub.
				  (3). The security director shall consider violations of other sections
				  individually and determine whether to treat an offense as major or minor.
				  However, guidelines for the exercise of this discretion are given in sub.
(4).
When a security director treats an offense as a major
				  offense, as allowed by sub. (4), the security director should indicate in the
				  record of the disciplinary action some reason for that decision based on the
				  criteria enumerated under sub. (4).
Note:
				  DOC
				  303.69. The purpose of this section is to promote
				  uniformity among all the institutions in applying adjustment segregation, to
				  make sure standards are met and to inform inmates what to expect.
While extra good time is not earned in adjustment
				  segregation, fractions of days are not deducted. See the departmental rules on
				  extra good time and compensation.
Note:
				  DOC
				  303.70. The purposes of this section are to promote
				  uniformity among all the institutions of program segregation and disciplinary
				  separation, to make sure standards are met and to inform inmates what to
				  expect.
Sub. (3) clarifies what personal property inmates in program
				  segregation and disciplinary separation may keep in their cells. Each
				  institution may have a policy designed to motivate inmates to improve their
				  behavior in segregated statuses so that they will be permitted to move into the
				  general population of the institution.
Since program segregation and disciplinary separation may
				  last for almost one year (or longer if a new offense is committed), the
				  conditions are not as spartan as in adjustment segregation. In particular,
				  there is an opportunity to take advantage of programs. Sub.
(7). An inmate's stay in program segregation and disciplinary
				  separation may not be extended and the inmate may be released at anytime
				  through the procedure established under this section.
DOC
				  303.70 provides for a new penalty-disciplinary
				  separation. Disciplinary separation is being added to the major penalty
				  selection as an alternative to program segregation. The difference is it is
				  less punitive for the first time offender or the offender who normally follows
				  the rules. There is not an automatic extension of mandatory release date with
				  disciplinary separation. Program segregation requires an extension of one day
				  for every 2 days served.
Note:
				  DOC
				  303.71. Controlled segregation is not intended as
				  punishment but, as its name implies, it is to be used where it has been
				  impossible to control a person in segregation. The purpose of the section is to
				  promote uniformity in the use of controlled segregation and make sure standards
				  are met. In particular, incoming and outgoing mail is still allowed as if the
				  inmate were not in segregation.
Note:
				  DOC
				  303.72. This section describes other major and minor
				  penalties which may be imposed. The purpose of this section is to standardize
				  the punishments used so that an inmate's disciplinary record is easier to
				  understand, and to inform inmates of what to expect.
Note:
				  DOC 303.74.
				  The availability of summary disposition avoids the necessity of a disciplinary
				  hearing when the inmate agrees to summary disposition. Summary disposition is
				  only allowed in relatively minor cases, those where the punishment is limited
				  to the punishments listed in sub. (5). To further limit the possibility of
				  abuse, the supervisor must approve any summarily-imposed punishment. Sub. (4).
				  Also, summary punishments must be reviewed and approved by the security office
				  before being entered in the inmate's disciplinary record or other files. See
				  DOC
				  303.67.
Note:
				  DOC
				  303.75. The hearing procedure for minor violations,
				  often called an "informal hearing," has several safeguards to protect the
				  inmate from an erroneous or arbitrary decision. It is used in the following
				  situations:
(1) When the inmate did not agree to summary disposition,
				  because he or she contested the facts or for some other reason; and
(2) When the inmate waives a due process hearing.
The protections present in the minor hearing procedure are:
				  subsection (1)-notice of charges; subsection (2-specific time limits for the
				  evidence; subsection (6-the right to appeal; and except as provided in
				  DOC
				  303.85(2), no records are kept in any
				  offender-based file if the inmate is found not guilty.
The 21-day time limit is not intended to be jurisdictional in
				  nature. This provision specifically overrules State exrel Jones v. Franklin,
				  151 Wis. 2d 419, 444 N.W. 2d 738 (Ct. App. 1989).
Note:
				  DOC
				  303.76. Subsection (2) concerns waiver. When an inmate
				  waives a hearing for a major due process violation, he or she waives all rights
				  associated with that type of hearing and has only the rights associated with
				  hearings for minor violations. Waiver includes waiving the right to question or
				  confront witnesses. In that case, a hearing of the type used for minor offenses
				  is held. The inmate still has an opportunity to make a statement, there is an
				  impartial hearing officer, a decision is based on the relevant information, and
				  an entry in the records is made only if the inmate is found guilty. Failure to
				  hold the hearing within the 21-day time limit is not intended to deprive the
				  adjustment committee of competency to proceed with the hearing. This provision
				  specifically overrules State exrel Jones v. Franklin, 151 Wis. 2d 419, 444 N.W.
				  2d 738 (Ct. App. 1989).
To ensure that any waiver is a knowing, intelligent one, the
				  inmate must be informed of his or her right to a due process hearing and what
				  that entails; be informed of what the hearing will be like if he or she waives
				  due process; and be informed that the waiver must be in writing.
A waiver is not an admission of guilt.
Subsection (3) concerns time limits, which are the same as
				  those under s.
				  DOC
				  303.75.
Subsection (4) allows the hearing to be held at one of a
				  number of places.
Generally, it is desirable to provide hearings where the
				  violation occurred. Sometimes, this is impossible. When it is impossible,
				  fairness requires that the inmate have the same protections where the hearing
				  is held as he or she would have at the institution where the violation is
				  alleged to have occurred.
Subsection (5) does not greatly limit the adjustment
				  committee's discretion to prohibit cross-examination and confrontation, as it
				  appears to do, because of the fact that the witness need not be called at all.
				  The committee may rely on hearsay testimony if there is no reason to believe it
				  is unreliable. See
				  DOC
				  303.86, Evidence.
Subsection (6) requires that the committee give the inmate
				  and his or her advocate a written copy of the decision.
Subsection (7) gives the inmate the right to appeal an
				  adverse decision. Appeal increases uniformity in decision-making, may eliminate
				  or reduce abuses of discretion, and provides an opportunity for the warden to
				  review the work of his or her subordinates in handling disciplinary
				  cases.
Note:
				  DOC
				  303.78. allows the institution to assign advocates and
				  to regulate their caseloads. The choice of an advocate, however, is not the
				  inmate's constitutional right. If an inmate objects to the assignment of a
				  particular advocate because that advocate has a known and demonstrable conflict
				  of interest in the case, the institution should assign a different advocate to
				  the inmate. An inmate has no due process or other right to know the procedure
				  by which a particular advocate is selected in a particular case.
Note:
				  DOC
				  303.81. The inmate facing a disciplinary proceeding
				  for a major violation should be allowed to call witnesses and present
				  documentary evidence in his defense when permitting him to do so will not
				  compromise institutional safety or correctional goals. Ordinarily, the right to
				  present evidence is basic to a fair hearing; but the unrestricted right to call
				  witnesses from the prison population carries obvious potential for disruption
				  and for interference with the swift punishment that in individual cases may be
				  essential to carrying out the correctional program of the institution. It may
				  be that an individual threatened with serious sanctions would normally be
				  entitled to present witnesses and relevant documentary evidence; but here we
				  must balance the inmate's interest in avoiding loss of good time against the
				  needs of the prison, and some amount of flexibility and accommodation is
				  required. Prison officials must have the necessary discretion to keep the
				  hearing within reasonable limits and to refuse
The decision of whether to allow a witness to testify has
				  been delegated to the security director. Sub. (2). The time for making requests
				  is limited under sub.
(1), in order to give the security director an opportunity to
				  consider the request prior to time for the hearing, which usually must be held
				  within 21 days. See
				  DOC
				  303.76(3). Sub. (3) lists the factors
				  to be considered in deciding whether to call a requested witness. Subs. (4),
				  (5) and
(6) indicate that signed statements are preferable to other
				  hearsay, but other hearsay may be relied on if necessary. Sub. (8) forbids
				  interviewing members of the public and requesting their presence at hearings
				  without the hearing officer's permission. Members of the public are not
				  permitted to attend hearings. Such people are usually employees and school
				  officials who are involved in work and study release. There is no authority to
				  compel their involvement in hearings. More importantly, requesting their
				  involvement or permitting adversary interviewing seriously jeopardizes the
				  programs by making the people unwilling to cooperate. It also creates the
				  possibility that there will be harassment of such people. Instead, the work
				  release coordinator should get whatever information these people have and
				  provide it to the committee.
Note:
				  DOC
				  303.83. This section sets out the considerations which
				  are actually used in deciding, within a range, how severe an inmate's
				  punishment should be. It does not contain any formula for deciding the
				  punishment. The actual sentence should be made higher or lower depending on the
				  factors listed. For instance, if this is the fourth time the inmate has been in
				  a fight in the last year, his or her sentence should be greater than average,
				  unless other factors balance out the factor of the bad record.
Note:
				  DOC
				  303.84. There are 2 limits on sentences which can be
				  imposed for violation of a disciplinary rule:
(1) A major penalty cannot be imposed unless the inmate
				  either had a due process hearing or was given the opportunity for one and
				  waived it; and
(2) only certain lesser punishments can be imposed at a
				  summary disposition. Major penalties are program and adjustment segregation,
				  disciplinary separation, room confinement of 16 to 30 days, loss of
				  recreational privileges for over 60 days for inmates in the general population,
				  loss of recreation privileges for over 8 days for inmates in segregation,
				  building confinement for over 30 days, loss of specific privileges for over 60
				  days, loss of good time for those inmates to whom 1983 Wisconsin Act 528 does
				  not apply, and extension of mandatory release date for those inmates who
				  committed offenses on or after June 1, 1984, and other inmates who chose to
				  have 1983 Wisconsin Act 528 apply to them. See
				  DOC
				  303.72 and
				  DOC 303.74.
				  This section limits both the types and duration of penalties.
In every case where an inmate is found guilty of violating a
				  disciplinary rule, one of the penalties listed in sub.
(1) must be imposed. More than one penalty may be imposed.
				  For example, if adjustment segregation is imposed, program segregation may also
				  be imposed. Loss of good time or extension of mandatory release date, whichever
				  is applicable, may be imposed in conjunction with either or both of these
				  penalties. The inmate will then serve his or her time in each form of
				  segregation and lose good time or have his or her mandatory release date
				  extended. Similarly, more than one minor penalty may be imposed for a single
				  offense. A major and minor penalty may be imposed for a major offense.
Sentences for program segregation and disciplinary separation
				  may only be imposed for specific terms. The possible terms are 30, 60, 90, 120,
				  150, 180, 210, 240, 270, 300, 330 and in some cases, 360 days. The specific
				  term represents the longest time the inmate will stay in segregation unless he
				  or she commits another offense. However, release prior to the end of the term
				  is possible.
				  DOC
				  303.70 provides that a placement in program
				  segregation may be reviewed at any time and must be reviewed at least every 30
				  days.
The limits on loss of good time or extension of the mandatory
				  release date which are found in sub.
(2) (e) are required by s. 53.11(2), Stats. (1981-82). Prior
				  to the 1983 amendments, this statute limited the number of days of good time
				  which could be lost to 5 for the first offense, 10 for the second, and 20 for
				  each subsequent offense. Those limitations are still applicable to inmates who
				  committed offenses before June 1, 1984, and did not choose to have 1983 Wis.
				  Act 528 apply to them.
1983 Wis. Act 528 amended s. 53.11(2), Stats. (1981-82) (now
				  s.
				  302.11(2),
				  Stats.), in three specific ways. First, it replaced the concept of "good time"
				  with extension of the mandatory release date. Second, it allowed an extension
				  of an inmate's mandatory release date by not more than 10 days for the first
				  offense, 20 for the second, and 40 for each subsequent offense. The adjustment
				  committee must impose this extension of the mandatory release date. The third
				  change the statute made was the mandatory extension of an inmate's mandatory
				  release date by a number of days equal to 50% of the number of days spent in
				  segregation. This number must be calculated when the inmate is released from
				  segregation, since the inmate may not spend the full amount of time in
				  segregation to which he or she was sentenced. 1983 Wisconsin Act 528 applies to
				  inmates who committed offenses on or after June 1, 1984, and other inmates who
				  chose to have the act apply to them.
Sections 53.11, Stats. (1981-82) and 302.11, Stats., follow
				  current practice by limiting loss of good time or extension of the mandatory
				  release date to major offenses.
Note:
				  DOC
				  303.86. This section makes clear that courtroom rules
				  of evidence are not to be strictly followed in a disciplinary proceeding. Thus,
				  a more flexible approach is used. The main guidelines are that the hearing
				  officer or committee should try to allow only reliable evidence and evidence
				  which is of more than marginal relevance. Hearsay should be carefully
				  scrutinized since it is often unreliable: the statement is taken out of context
				  and the demeanor of the witness cannot be observed. However, there is no need
				  to find a neatly labeled exception; if a particular piece of hearsay seems
				  useful, it can be admitted. Subs. (3) and
(4) address the problem of the unavailable witness. Sub. (3)
				  contemplates that the statement and the identity of the maker will be available
				  to the accused. Sub. (4) permits the identity of the witness to be withheld
				  after a finding by the institution that to reveal it would pose a risk of harm
				  to the witness. This is not often a problem, but it does arise, particularly in
				  cases of sexual assault. To protect the accused, it is required that there be
				  corroboration; that the statement be under oath; that the content of the
				  statement be revealed, consistent with the safety of the inmate. In addition,
				  the committee or hearing officer may question the people who give the
				  statements.
Note:
				  DOC
				  303.87. This rule is to make clear that staff errors
				  which do not substantially affect a finding of guilt or the inmate's ability to
				  provide a defense, may be disregarded. For example, if an inmate were not
				  served with an approved conduct report within the time specified, this would be
				  harmless unless it affected the inmate's right to present a defense in a
				  meaningful way. This rule conforms to present practices. This rule shall take
				  effect on the first day of the month following publication in the Wisconsin
				  administrative register as provided in s.
				  227.22(2)
				  (intro.), Stats.