(1) An inmate in a DIS placement may receive
a sanction under s.
301.048(3),
Stats., if the department determines, after completing a review under sub. (2),
that the inmate has committed one of the following:
(a) A violation of a state or federal statute
or a local ordinance.
(b) A
violation of the rules of any facility, institution or program in which the
inmate is held or to which the inmate is assigned.
(c) A violation of this chapter, including
any rules referenced and incorporated in this chapter.
(d) A violation of the rules of
supervision.
(2) The
review procedure to determine if the inmate has committed a violation shall be
conducted as follows:
(a) A written violation
report shall be prepared by a DIS staff member which:
1. Sets forth all facts obtained in the DIS
staff member's investigation and includes the proposed penalty and a written
statement or a report of an oral statement from the inmate. No statement
concerning the alleged violation shall be taken from the inmate until 24 hours
after the inmate receives a written notice of the alleged violation which shall
include the rule allegedly violated, how the rule was violated and the date and
place of the violation. The requirement of prior written notice may be waived
by the inmate in writing. A defective notice can be cured by issuing a proper
notice.
2. Includes witness
statements or summaries of witness statements.
3. Identifies the evidence and the names of
witnesses reported by the inmate. The DIS staff member shall include in his or
her report what efforts were made to interview witnesses and gather evidence
identified by the inmate.
(b) A copy of the violation report shall be
served on the inmate within 5 working days after review and approval by a
supervisor who was not involved in the alleged violation and did not prepare
the violation report. A minor penalty may be imposed by DIS staff after
approval by the supervisor and prior to service of the violation report on the
inmate.
(c) A major penalty may be
imposed by a DIS staff member after review and approval of the violation report
by the supervisor under par. (b), service of the violation report on the inmate
and completion of the following appeal procedure:
1. The inmate may appeal the violation report
to the sector chief or designee by service of a written appeal within 5 working
days of receipt of the violation report.
2. If the appeal is to the sector chief's
designee, the designee shall not be the immediate supervisor of the DIS staff
member who conducted the investigation.
3. The sector chief or designee shall review
the violation report and the appeal and issue a final decision within 7 working
days of receipt of the appeal.
4. A
major penalty may be imposed at any time after the expiration of the appeal
time if the inmate does not appeal.
(3) A "major offense" is a violation of one
or more of the rules of supervision for which a major penalty may be imposed if
the accused inmate is found guilty.
(4) A "minor offense" is any violation of one
or more of the rules of supervision which is not a `major offense' under sub.
(5) or which a DIS supervisor has not classified as a major offense. If an
offense not listed in sub. (5) is a `major offense' for an inmate, it shall be
identified as a `major offense' in the DIS rules of supervision.
(5) Any violation of the following sections
is a major offense:
|
Section
|
Title
|
|
DOC 303.12.............
|
Battery
|
|
DOC 303.13.............
|
Sexual assault-intercourse
|
|
DOC 303.14.............
|
Sexual assault-contact
|
|
DOC 333.07(2) (b).......
|
Inciting a riot
|
|
DOC 333.07(2) (c).......
|
Participating in a riot
|
|
DOC 333.07(2) (f).......
|
Leaving assigned place
|
|
DOC 303.23.............
|
Disguising identity
|
|
DOC 303.34.............
|
Theft
|
|
DOC 303.35.............
|
Damage or alteration of property
|
|
DOC 303.37.............
|
Arson
|
|
DOC 303.41.............
|
Counterfeiting and forgery
|
|
DOC 303.45.............
|
Possession, manufacture and alteration of
weapons
|
|
DOC 333.07(2) (x).......
|
Misuse of prescription medication
|
|
DOC 333.07(2) (y).......
|
Use of intoxicants
|
Notes
Wis. Admin. Code
Department of Corrections
DOC 333.08
Cr. Register, February,
1993, No. 446, eff. 3-1-93.
