Section 310.16. Confidentiality.

 

(1)  Except as otherwise provided in this section, the department shall ensure that complaints filed with the inmate complaint review system are confidential. Persons working in the ICRS may reveal the identity of complainants and the nature of the complaint only to the extent necessary to investigate the complaint, implement the remedy, or in response to litigation.

(2)  The appropriate reviewing authority may waive confidentiality of a complaint if the security, safety, or health of the institution or any person is involved.

(3)  A copy of ICRS documents may not be filed in any case file, nor may any notations regarding a complaint be made in those files, except pursuant to s. DOC 310.16 (1) and (2) .

(4)  A breach of confidentiality in the process may itself be the subject of a complaint. This type of complaint shall be filed directly with the CCE.

(5)  An inmate waives confidentiality by making known any aspect of a complaint to persons outside the ICRS.

(6)  The department may not subject an inmate to reprisal for using or participating in the ICRS. An inmate shall be entitled to pursue, through the ICRS, a complaint that a reprisal has occurred.

History: CR 02-038 : cr. Register November 2002 No. 563 , eff. 12-1-02.