(1) Inmates in DIS shall be provided an
opportunity for review of decisions through the inmate complaint process. This
process is used to encourage communication and cooperation between inmates and
staff while resolving problems in an orderly and uniform fashion.
(2) In this section:
(a) "Calendar days" means all days including
Saturdays, Sundays and legal holidays.
(b) "Complaint" means a written statement by
a DIS inmate which identifies a decision, states the reasons for the complaint
and complies with the time limit stated in this section, except that a late
complaint may be accepted for cause.
(c) "Request for review" means a written
request submitted by a DIS inmate to his or her agent's supervisor which states
the reason for the request and complies with the time limits set forth in this
section, except that a late request may be accepted for cause.
(d) "Working days" means all days except
Saturdays, Sundays and legal holidays.
(3) Decisions related to the following may
not be challenged through the inmate complaint process:
(a) Custody and detention.
(b) Parole revocation or any
sanctions.
(c) Violation of
criminal law or ordinance.
(d)
Denial of firearms in accordance with the Federal Gun Control Act of 1968 and
s. 941.29, Stats.
(e) All decisions, special conditions or
terms of supervision imposed by a court or the parole commission.
(f) Discharge under s.
301.048(6),
Stats., and s.
DOC
333.25.
(h) A decision on a challenge to an inmate
record.
(i) The denial of a special
action parole under s.
304.02, Stats.
(4) The procedure for filing an
inmate complaint is as follows:
(a) An inmate
shall file a complaint with his or her agent within 14 calendar days after the
occurrence giving rise to the complaint.
(b) The agent shall issue a written decision
within 7 working days of receipt of the complaint.
(c) If the review by the agent does not
produce a resolution, the inmate may file a request for review with the agent's
supervisor within 5 working days of receipt of the agent's decision.
(d) The supervisor shall issue a written
decision within 10 working days of receipt of the request for review.
(e) If the review by the supervisor does not
produce a resolution, the inmate may file a request for review within 5 working
days of receipt of the supervisor's decision to the sector chief who shall
issue a final written decision within 10 working days of receipt of the request
for review.
(5) While
the review process is pending, the inmate shall comply with the decision or
directive being reviewed.
(6) An
inmate may not be sanctioned for filing a complaint.
(7) The complaint process shall be expedited
in circumstances where the complaint will be invalidated by the passage of time
limits.
