Wis. Admin. Code Department of Corrections DOC 350.24 - Discipline

The jail shall have policies and procedures outlining inmate discipline and due process, including the following components:

(1) INMATE RULES OF BEHAVIOR. Every jail shall have written rules of behavior for inmates. At the time of admission, each person shall be notified verbally of the existence of the jail's rules for inmate behavior and the potential disciplinary actions for violation of the rules. Each inmate shall be provided with a copy of the jail rules or copies of the rules shall be posted in conspicuous places in the jail.

(2) DISCIPLINE FOR A MINOR VIOLATION.

(a) In this subsection, "minor violation" means a violation of the jail's rules of behavior for which minor discipline, or any combination of these consequences may be imposed if the accused inmate is found guilty. A minor discipline is a verbal or written reprimand, restriction of privileges for 24 hours or less, or placement in disciplinary segregation for 24 hours or less.

(b) A staff member who observes an inmate committing a minor violation shall inform the inmate of the rule that he or she has violated, the potential discipline, and the disciplinary procedures for minor violations under pars. (c) to (g).

(c) The staff member shall give the inmate an opportunity to make a verbal statement about the alleged violation to the staff member.

(d) The staff member may impose a minor discipline if he or she finds that a violation occurred.

(e) The staff member shall inform his or her supervisor of the incident and the discipline administered as soon as the supervisor is available. The supervisor shall review the incident and discipline administered. If the supervisor concludes that the violation constitutes a major violation, the alleged infraction shall be handled in accordance with sub. (3). If the supervisor finds that no violation has occurred, the inmate shall be notified that the charge has been dismissed.

(f) The inmate may appeal the supervisor's decision. The jail shall have a procedure for an inmate to follow if the inmate wishes to appeal that decision. The inmate shall be notified of his or her right to appeal the supervisor's decision and of the jail's procedure for making the appeal.

(g) Information about the incident, the discipline administered, and the supervisor's decision shall be made part of the inmate's file. If the supervisor finds that no violation occurred or if the reviewer of an appeal submitted under par. (f) finds that no violation occurred, the due process records shall reflect those findings.

(3) DISCIPLINE FOR A MAJOR VIOLATION.

(a) In this subsection, "major violation" means a violation of the jail's rules of behavior for which major discipline, or any combination of these consequences may be imposed if the accused inmate is found guilty. A major discipline is restriction of privileges for more than 24 hours, placement in solitary confinement for more than 24 hours in accordance with s. 302.40, Stats., loss of good time in accordance with s. 302.43, Stats., restrictions affecting Huber law privileges in accordance with s. 303.08, Stats., or restrictions affecting work release in accordance with s. 303.065, Stats.

(b) A staff member who observes an inmate committing a major violation shall submit a written report to his or her supervisor within 24 hours of the incident.

(c) The inmate shall be notified of the charges and of his or her right to a hearing under par. (d) at least 24 hours in advance of the hearing. The inmate may waive this time requirement.

(d) A due process hearing shall be held within seven calendar days unless an inmate waives the right to a due process hearing under par. (e). The due process hearing shall be conducted in accordance with all of the following:

1. An impartial hearing officer or committee shall conduct the due process hearing. The hearing may not be conducted by a person who may review an appeal made under par. (d) 6. or who has personally observed, been a part of, or investigated the incident which is the subject of the hearing.

2. The inmate has the right to be present at the hearing, to make a statement, and to present relevant evidence. If the inmate refuses to attend the hearing or disrupts the hearing, the hearing may be conducted without the inmate being present. The hearing officer or committee may hear the testimony of a witness outside the presence of the accused inmate if there is a significant risk of bodily harm to the witness in testifying in front of the accused inmate. The reason for the accused inmate's absence shall be documented.

3. The inmate has the right to present any relevant witness whose testimony is not cumulative of other evidence unless the safety of any other witness or the security of the jail would be threatened if that witness testified. The reasons for the absence of the witness shall be documented.

4. If the inmate is illiterate or the issues are complex, the inmate has the right to a staff advocate or adequate substitute aide to assist him or her in understanding the charges and preparing a defense.

5. The hearing officer or committee may consider the inmate's mental illness, developmental disability, or other emotional or mental disability as a mitigating factor in imposing the discipline.

6. The hearing officer or committee shall issue a written decision that shall state the discipline to be administered. The inmate shall receive a written copy of the decision.

7. The inmate shall be notified of his or her right to appeal the hearing officer or committee's decision and of the jail's procedure for making an appeal.

8. Information on the incident, the discipline administered, and the hearing officer or committee's decision shall be made part of the inmate's file. Upon appeal, if the hearing officer or committee or the reviewer under par. (d) 6. finds that no violation occurred, the due process records shall reflect those findings.

(e) An inmate may waive the right to a due process hearing under par. (d) in writing at any time. If the inmate waives the right to a due process hearing, the violation shall be disposed of in accordance with the procedures for minor violations under sub. (2), except that a major discipline may be imposed if the relevant staff member finds a violation occurred. A waiver does not constitute an admission of the alleged violation.

(4) CLASSIFICATION. An inmate may be evaluated for custody classification following the imposition of discipline.

Notes

Wis. Admin. Code Department of Corrections DOC 350.24

CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.