Section 333.08. Discipline.

 

(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: - See PDF for table

History: Cr. Register, February, 1993, No. 446 , eff. 3-1-93.