Section 303.68. Review by security office.

 

(1)  The security director shall review any conduct report not processed under s. DOC 303.76 or 303.77 within 5 working days and may do any of the following:

(a) Dismiss a conduct report.

(b) Strike any section number if the statement of facts could not support a finding of guilty of violating that section.

(c) Add any section number if the statement of facts could support a finding of guilty of violating that section and the addition is appropriate.

(d) Refer a conduct report for further investigation.

(e) Determine whether the conduct report should be processed as a major or minor offense. In deciding whether an alleged violation should be treated as a major or minor offense, the security director shall consider the following criteria and shall indicate in the record of disciplinary action the reason for the decision based on these criteria:

1. Whether the inmate has previously been found guilty of the same or a similar offense, how often, and how recently.

2. Whether the inmate has recently been warned about the same or similar conduct.

3. Whether the alleged violation created a risk of serious disruption at the institution or in the community.

4. Whether the alleged violation created a risk of serious injury.

5. The value of the property involved.

6. Whether the alleged violation created a risk of serious financial impact.

7. Psychological services input for seriously mentally ill inmates.

(2)  The security office shall treat any alleged violation of a rule which may result in a suspension of visiting or mail privileges under ch. DOC 309 , work or study release under ch. DOC 324 , or leave under ch. DOC 325 or 326 , as a major offense.

(3)  The security office shall treat any conduct report containing at least one charge of a major offense as a major offense, even if it also includes minor offenses.

(4)  The security director shall only process one conduct report for an inmate for the same incident.

(5)  The security director's decision under sub. (1) is final.

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