Wis. Admin. Code Department of Corrections DOC 303.85 - Disposition considerations

(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.

(2) A minor penalty may be imposed for a violation where a major penalty could be imposed.

(3) Restitution may be imposed in addition to any other penalty.

(4) Any combination of penalties may be imposed.

Notes

Wis. Admin. Code Department of Corrections DOC 303.85

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.