Wisconsin Administrative Code
Department of Corrections
Chapter DOC 327 - Community Residential Confinement
Section DOC 327.13 - Disciplinary procedure and penalties

Universal Citation: WI Admin Code ยง DOC 327.13

Current through August 26, 2024

The due process fact finding hearing to determine if the inmate has committed a violation under s. DOC 327.12 shall be conducted in accordance with the procedures under ss. DOC 303.65 to 303.90.

(1) Any department supervisory staff member may be substituted for the security director or shift supervisor.

(2) Under s. DOC 303.68, on review by the security office, the person who wrote the conduct report shall send it to the department supervisory staff person designated to review conduct reports in his or her area within 24 hours after writing the conduct report. The staff person who is designated to review the conduct report shall review it under s. DOC 303.68 within 24 hours after receipt.

(3) Under s. DOC 303.71(2), in addition to the listed offenses, the violation of any of the following sections is a major offense: s. DOC 303.43 on possession of intoxicants; s. DOC 303.44 on possession of intoxicant paraphernalia; s. DOC 303.52 on leaving assigned area; and s. DOC 303.53 on being in an unassigned area.

(4) Under s. DOC 303.80(1) on hearing procedure for major violations, a copy of the approved conduct report shall be given to the inmate within 4 working days after approval under s. DOC 303.68.

(5) Under s. DOC 303.80(4), 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) Section is modified to read: The superintendent shall designate staff representatives for inmates in disciplinary hearings at the institution. If an inmate or staff representative provides information and evidence to the superintendent that there is a conflict of interest in the case that would impair a staff representative's ability to perform his or her duties, the superintendent shall evaluate the information and evidence to determine if a different representative should be assigned.

(7) Under s. DOC 303.84(4), if an inmate witness must be transported to another institution or facility to testify, the inmate does not have to attend the disciplinary hearing. However, the hearing officer shall attempt to get a signed statement from the witness to be used at the disciplinary hearing or the staff representative shall attempt to interview the witness and report on the testimony to the committee in lieu of a personal appearance by the witness.

(8) Under ss. DOC 303.77 and 303.79, the superintendent shall designate a hearing officer.

(9) A penalty listed in s. DOC 303.72 need not be imposed as a result of a finding of guilt.

(10) Under s. DOC 303.73, disciplinary separation may be served in any state correctional institution, a county jail or other facility designated by the department to hold CRC inmates in disciplinary separation status.

Note: Section 327.13 is shown as amended by CR 11-022 eff. 1-1-15. Prior to 1-1-15 it reads:

DOC 327.13Disciplinary procedure and penalties.The due process fact finding hearing to determine if the inmate has committed a violation under s. DOC 327.12 shall be conducted in accordance with the procedures under ss. DOC 303.64 to 303.87, modified as follows:

(1)Any department supervisory staff member may be substituted for the security director or shift supervisor.

(2) Under s. DOC 303.67, on review by the security office, the person who wrote the conduct report shall send it to the department supervisory staff person designated to review conduct reports in his or her area within 24 hours after writing the conduct report. The staff person who is designated to review the conduct report shall review it under s. DOC 303.67 within 24 hours after receipt.

(3) Under s. DOC 303.68(3), in addition to the listed offenses, the violation of any of the following sections is a major offense: s. DOC 303.43 on possession of intoxicants; s. DOC 303.44 on possession of drug paraphernalia; s. DOC 303.51 on leaving assigned area; and s. DOC 303.511 on being in an unassigned area.

(4) Under s. DOC 303.76(1) on hearing procedure for major violations, a copy of the approved conduct report shall be given to the inmate within 4 working days after approval under s. DOC 303.67.

(5) Under s. DOC 303.76(4), the due process hearing may take place at the CRC residence, any state correctional institution, a county jail or other facility designated by the department.

(6) Section DOC 303.78(1) is modified to read: The superintendent may designate or hire staff members to serve as advocates for inmates in disciplinary hearings at the institution, or staff members may volunteer to serve as advocates. The superintendent shall assign advocates to inmates. If an inmate objects to the assignment of a particular advocate because the advocate has a known and demonstrated conflict of interest in the case, the superintendent shall assign a different staff member to serve as the inmate's advocate.

(7) Under s. DOC 303.81(3), if an inmate witness must be transported to another institution or facility to testify, the inmate does not have to attend the disciplinary hearing. However, the hearing officer shall attempt to get a signed statement from the witness to be used at the disciplinary hearing or the advocate shall attempt to interview the witness and report on the testimony to the committee in lieu of a personal appearance by the witness.

(8) Under ss. DOC 303.75(3) and 303.82, any department staff member designated by the superintendent may serve on an adjustment committee or serve as a hearing officer.

(9) A penalty listed in s. DOC 303.84 need not be imposed as a result of a finding of guilt.

(10) Under ss. DOC 303.69 and 303.70, adjustment segregation or program segregation may be served in any state correctional institution, a county jail or other facility designated by the department to hold CRC inmates in adjustment segregation or program segregation status.

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