(1) The security
director shall review any conduct report not processed under s.
DOC 303.76 or within 303.775 working days and may do any
of the following:
(a) Dismiss a conduct
report.
(b) Strike any section
number if the statement of facts could not support a finding of guilty of
violating that section.
(c) Add any
section number if the statement of facts could support a finding of guilty of
violating that section and the addition is appropriate.
(d) Refer a conduct report for further
investigation.
(e) Determine
whether the conduct report should be processed as a major or minor offense. In
deciding whether an alleged violation should be treated as a major or minor
offense, the security director shall consider the following criteria and shall
indicate in the record of disciplinary action the reason for the decision based
on these criteria:
1. Whether the inmate has
previously been found guilty of the same or a similar offense, how often, and
how recently.
2. Whether the inmate
has recently been warned about the same or similar conduct.
3. Whether the alleged violation created a
risk of serious disruption at the institution or in the community.
4. Whether the alleged violation created a
risk of serious injury.
5. The
value of the property involved.
6.
Whether the alleged violation created a risk of serious financial
impact.
7. Psychological services
input for seriously mentally ill inmates.
(2) The security office shall treat any
alleged violation of a rule which may result in a suspension of visiting or
mail privileges under ch. DOC 309, work or study release under ch. DOC 324, or
leave under ch. DOC 325 or 326, as a major offense.
(3) The security office shall treat any
conduct report containing at least one charge of a major offense as a major
offense, even if it also includes minor offenses.
(4) The security director shall only process
one conduct report for an inmate for the same incident.
(5) The security director's decision under
sub. (1) is final.
