Section 303.80. Contested major disposition.

 

(1)   Notice. When an inmate is alleged to have committed a major violation and the security director has reviewed the conduct report pursuant to s. DOC 303.68 , staff shall give the inmate a copy of the conduct report within 2 working days after review. At any time prior to the hearing, the security director may amend the conduct report to either correct or add information or evidence to be considered at the hearing. The institution shall inform the inmate of all of the following:

(a) The rules which the inmate is alleged to have violated.

(b) The potential dispositions that may be imposed or other results that may occur, including removal from programming or work release.

(c) The right the inmate has to a full due process hearing or to waive this right in writing.

(d) If the inmate waives the right to a full due process hearing, the inmate shall be given a hearing under s. DOC 303.81 .

(e) If a full due process hearing is chosen, the inmate shall be informed of all of the following:

1. The inmate may present oral, documentary and physical evidence, and testimony from witnesses in accordance with this section and s. DOC 303.84 . The hearing officer shall reject any written statement that fails to conform to s. DOC 303.84 (3) and return the statement to the inmate.

2. The accused inmate may present an oral statement. No written statement by the accused inmate may be submitted, except under extraordinary circumstances as authorized by the security director. A written statement under this paragraph shall only be accepted if the statement is a legibly printed statement limited to 500 words on no more than two sheets of paper, a transcript of an oral statement, or a recorded statement.

3. The inmate may have the assistance of a staff representative in accordance with this section and s. DOC 303.83 .

4. The hearing officer may permit direct questions or require the inmate or the inmate's representative to submit questions to the hearing officer to be asked of the witness.

5. The hearing officer may prohibit repetitive, disrespectful or irrelevant questions.

6. If the inmate refuses to attend a hearing or is disruptive and removed, the inmate shall forfeit the right to present a defense or to call witnesses. The hearing officer may conduct the hearing without the inmate being present. The hearing officer shall administratively review the conduct report and render a decision based upon the available evidence.

(2)   Waiver. An inmate may waive the right to a due process hearing in writing at any time. If the inmate waives a due process hearing, the institution shall dispose of the conduct report under s. DOC 303.81 . A waiver does not constitute an admission of the alleged violation. A waiver may not be retracted without the security director's approval.

(3)   Time limits.

(a) The institution may not hold the hearing until at least 2 working days after the inmate receives notice of disciplinary hearing rights and a copy of either the approved conduct report or amended conduct report, whichever is later. The disciplinary hearing shall be held within 21 days of the inmate receiving notice of disciplinary hearing rights unless the security director authorizes an extension of time. The security director may authorize a hearing beyond the 21 day time limit, either before or after the 21 st day.

(b) The inmate may also request more time to prepare, and the security director may grant the request. An inmate may waive in writing the time limits provided in this section.

(c) The institution shall toll time for observation and control placements and for any full or partial day when the inmate is out of the institution on a temporary release order.

(4)   Place. The due process hearing may be held in person, by telephone, video conferencing or other virtual communication means at the discretion of the hearing officer.

(5)   Hearing. The hearing officer shall conduct the due process hearing by doing all of the following:

(a) Read the conduct report aloud.

(b) Permit the accused inmate to make an oral statement. An inmate may submit a written statement in lieu of an oral statement only under extraordinary circumstances as authorized by the security director. The written statement under this paragraph shall only be accepted if the statement is a legibly printed statement limited to 500 words on no more than two sheets of paper, a transcript of an oral statement, or a recorded statement.

(c) Question approved witnesses. The hearing officer may accept a written witness statement only if it conforms to the requirements under s. DOC 303.84 (3) .

(d) Permit the offering of relevant physical evidence.

(e) Permit questions or require the inmate or the inmate's staff representative to submit written questions to the hearing officer to be asked of the witness.

(f) Prohibit repetitive, disrespectful or irrelevant questions.

(g) Mark all documentary and physical evidence received into evidence from the accused as "Submitted By The Inmate."

(h) If an inmate refuses to attend the hearing or disrupts the hearing and is removed, the inmate forfeits the right to present a defense or to call witnesses. The hearing officer shall administratively review the conduct report and render a decision based upon the available evidence.

(6)   Decision. After the hearing the hearing officer shall do all of the following:

(a) Deliberate in private as needed.

(b) Consider all relevant information.

(c) Establish guilt based on a finding that it was more likely than not that the inmate committed the act.

(d) Find the inmate guilty or not guilty on each charge and impose a disposition if found guilty. A committee of three may make a decision if at least two of the three members agree. If the committee is comprised of two members, the decision must be unanimous.

(e) Refer the matter to the warden for a decision if the disciplinary committee members do not agree on a finding of guilt or a disposition.

(f) Consider any of the inmate's defenses or other mitigating factors.

(g) Inform the inmate of the decision.

(h) Provide the accused inmate and the inmate's staff representative, if any, a written copy of the decision with reasons for the decision.

CR 11-022 : cr. Register September 2014 No. 705 , eff. 1-1-15; correction in numbering in (2) to (6) made under s. 13.92 (4) (b) 1. , Stats., September 2014 No. 705.