Section 373.11. Major and minor penalties and conduct rule violations.

 

(1)  Any minor penalty may be imposed for a conduct rule violation for which a major penalty may be imposed.

(2)  Restitution may be imposed in addition to or in lieu of any major penalty.

(3)  Except for a conduct rule violation listed under sub. (4) or covered by sub. (6) , a conduct rule violation is neither a major nor a minor conduct rule violation until a supervisor classifies it as major or minor using the criteria under sub. (5) .

(4)  All of the following are classified as major conduct rule violations:

(a) Section DOC 373.14 Causing the death of another

(b) Section DOC 373.15 Sexual intercourse

(c) Section DOC 373.16 Sexual contact

(d) Section DOC 373.17 Restraint of another

(e) Section DOC 373.18 Fighting

(f) Section DOC 373.19 Battery

(g) Section DOC 373.21 Inciting a disturbance

(h) Section DOC 373.22 Participating in a disturbance

(i) Section DOC 373.26 Escape

(j) Section DOC 373.28 Obstruction

(k) Section DOC 373.41 Arson

(L) Section DOC 373.42 Causing an explosion

(m) Section DOC 373.46 Intoxicants and paraphernalia

(n) Section DOC 373.47 Weapons

(o) Section DOC 373.56 Misuse of medication

(p) Section DOC 373.57 Self-harm and disfigurement

(q) Section DOC 373.62 Violation of conditions of leave

(r) An attempted violation of a conduct rule listed in this subsection

(5)  An alleged violation of any section of this chapter other than those listed in sub. (4) or covered by sub. (6) may be treated as a major conduct rule violation. If the conduct rule violation has not been disposed of summarily in accordance with s. DOC 373.68 , a supervisor shall decide whether the alleged violation shall be treated as a major conduct rule violation. In deciding whether an alleged violation should be treated as a major conduct rule violation, the supervisor shall consider all of the following criteria and shall indicate in the record of disciplinary action the reason for the decision based on these criteria:

(a) Whether the youth has previously been found guilty of the same or a similar conduct rule violation, how often a finding of guilt has been established, and how recently.

(b) Whether the youth has recently been warned about the same or similar conduct.

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

(d) Whether the alleged violation created a risk of serious injury to another person.

(e) The value of the property involved, if the alleged violation was actual or attempted damage to property, misuse of property, possession of money, gambling, unauthorized transfer of property, soliciting staff or theft.

(6)  Any conduct report containing at least one charge of a major conduct rule violation shall be processed as a major conduct rule violation, which may result in a major penalty, even if the conduct report also includes minor conduct rule violations.

(7)  If a youth commits a conduct rule violation during the course of a visit, the hearing officer may suspend visiting privileges as a disposition, under s. DOC 379.07 (9) (b) .

(8)  If a conduct rule violation occurred as a result of misuse of the mail, the hearing officer may suspend mail privileges as a disposition, under s. DOC 379.04 (6) .

History: Cr. Register, June, 2000, No. 534 , eff. 7-1-00.