Current through August 26, 2024
(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.
(g) A PRC's decision.
(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.
