Section 303.76. Uncontested minor disposition.

 

(1)  Staff may write a conduct report and summarily find an inmate guilty and punish the inmate for minor rule infractions in accordance with this section.

(2)  Before an inmate is found guilty and punished under this section, a staff member shall do the following:

(a) Inform the inmate of the nature of the alleged infraction and the contemplated disposition.

(b) Inform the inmate that a supervisor shall review the contemplated disposition, and may impose a different disposition.

(c) Inform the inmate that the incident may be handled under this section or s. DOC 303.77 .

(d) Inform the inmate that a disposition under this section must be agreed to and is not appealable.

(3)  If the inmate consents to the disposition, the staff shall submit the contemplated disposition to the supervisor for review.

(a) If the supervisor approves, the inmate shall be notified and sign the conduct report agreeing to the disposition.

(b) If the supervisor disapproves of the disposition under this section, the supervisor may do one of the following:

1. Recommend a different disposition.

2. Refer the alleged infraction for review under s. DOC 303.68 .

(c) If the supervisor approves of a different disposition, the staff shall inform the inmate of the supervisor's recommendation. The inmate may agree or disagree with the recommended disposition.

1. If the inmate agrees to the disposition, the inmate shall sign the conduct report.

2. If the inmate disagrees, the report shall be disposed of under s. DOC 303.77 .

(4)  If the matter is not referred for processing under s. DOC 303.77 , the staff shall impose the disposition or dispositions approved by the supervisor and agreed to by the inmate in accordance with s. DOC 303.70 .

(5)  Staff shall document dispositions under this section in the record indicating the disposition and approval by the supervisor.

(6)  An inmate may not appeal an uncontested minor disposition to which he or she has agreed.

CR 11-022 : cr. Register September 2014 No. 705 , eff. 1-1-15; correction in (2) (c) made under s. 13.92 (4) (b) 7. , Stats., Register September 2014 No. 705 .