Wisconsin Administrative Code
Department of Corrections
Chapter DOC 303 - Discipline
Subchapter X - Disciplinary Procedure and Penalties
Section DOC 303.81 - Contested major disposition: waiver of due process hearing

Universal Citation: WI Admin Code ยง DOC 303.81

Current through August 26, 2024

(1) NOTICE. If an inmate has waived a due process hearing under s. DOC 303.80 and the violation is not disposed of in accordance with s. DOC 303.78, the institution shall dispose of it in accordance with this section.

(2) TIME LIMITS. The institution may not hold the hearing until at least 2 working days after the inmate receives notice of disciplinary hearing rights and a copy of either the approved conduct report or amended conduct report, whichever is later. Unless otherwise authorized by the security director, the institution may not hold the hearing more than 21 calendar days after the inmate receives the hearing rights notice and conduct report. The security director may authorize a hearing beyond the 21 day time limit, either before or after the 21st day. The 21 day time limit is not jurisdictional. The inmate may also request more time to prepare, and the security director may grant the request. An inmate may waive in writing the time limits provided in this section. The institution shall toll time for observation and control placements and for any full or partial day when the inmate is out of the institution on a temporary release order.

(3) HEARING. The inmate has no right to a staff representative, to confront witnesses or to have witnesses testify on the inmate's behalf. The hearing officer shall conduct the hearing by doing all of the following:

(a) Read the conduct report aloud.

(b) Provide the inmate with an opportunity to respond to the report and make a verbal statement about the alleged violation. No written statement by the accused inmate may be submitted.

(c) Permit the offering of relevant evidence.

(d) Mark all documentary and physical evidence received into evidence from the accused as "Submitted By The Inmate."

(4) ATTENDANCE. If an inmate refuses to attend the hearing or disrupts the hearing and is removed, the inmate forfeits the right to provide a statement or evidence. The hearing officer shall administratively review the conduct report and render a decision based upon the available evidence.

(5) PLACE. The due process hearing may be held in person, by telephone, video conferencing or other virtual communication means at the discretion of the hearing officer.

(6) DECISION. After the hearing the hearing officer shall do all of the following:

(a) Consider all relevant information.

(b) Render a decision on each charge.

(c) Establish guilt based on a finding that it was more likely than not that the inmate committed the act.

(d) Find the inmate guilty or not guilty on each charge and impose a disposition if found guilty.

(e) Consider any of the inmate's defenses or other mitigating factors.

(f) Inform the inmate of the decision.

(g) Provide the accused inmate a written copy of the decision with reasons for the decision.

Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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