(2) The department may keep conduct reports which have been dismissed or in which the inmate was found not guilty for statistical purposes, and security reasons, but the department may not consider them in making program assignment, transfer, or release decisions, nor may the department include them in any inmate's case record.

DOC 303.89 Evidence. (1) Evidence is relevant if that evidence makes it appear more likely or less likely that the inmate committed the offense of which the inmate is accused.

(2)   (a) A disciplinary committee may consider any relevant evidence, whether or not it would be admissible in a court of law and whether or not any violation of any state law or any DOC administrative code provision occurred in the process of gathering the evidence.

(b)   A disciplinary committee may refuse to hear or admit relevant evidence for any of the following reasons:

1.   The evidence is not reliable.

2.   The evidence, even if true, would be of marginal relevance.

3.   The evidence is unduly cumulative or repetitious.

4.   The evidence is requested more than two days after the service of notice of major disciplinary hearing rights.

(3)   The institution shall place the original conduct report and all due process documents in the inmate's record.

DOC 303.90 Harmless error. If staff does not adhere to a procedural requirement under this chapter, the error is harmless if it does not substantially affect a finding of guilt or the inmate's ability to provide a defense.

DOC 303.91 Warden-initiated review. The warden may at any time initiate a review of the decision and disposition of a conduct report and act on it unilaterally.

DOC 303.92 Administrative assignment or transfer. Not withstanding any action taken under this chapter, the department may administratively change an inmate's work, program, or housing assignment, restrict privileges, or transfer the inmate to another institution.

SECTION 2. DOC 303 Appendix is repealed.

SECTION 3. DOC 302.17 (11) (c), 302.21 (3) (b) 1., 302.33 (1) (b), 302.34 (1) (a), 302.35 (1) (a), 304.04 (2), 306.05 (4) (a), 308.03 (4) (intro), (b), and (d), 308.04 (4) (e) 5., (5) (a) 2., and (10), 308.04 Note to sub. (4), 309.02 (5), 309.04 (4) (e) 2. and (6), 309.20 (4) (a) 5., (4) (b) 3., (4) (c) 3., (4) (d) 2., and (7), 309.65 (5) (c) 2., 310.08 (3), 310.10 (7), 303 APPENDIX DOC 310.16, PARA 3, 311.07 (2) (f) 3., 313.08 (10), 324.12 (1) (j), 324.13 (6), 327.09 (1) (a), (2) (intro), (2) (b), (2) (c), (2) (d) (intro), (2) (e) (intro), (2) (f), (2) (h), (2) (i), (2) (m) 1., (2) (q) (intro), (2) (r), (2) (s), (2) (t), (2) (u), (2) (v), (2) (w), (2) (x) (intro), (2) (y), (2) (z) (intro), (3), 327.13 (intro), (2), (3), (4),(5), (6), (7), (8), (9), and (10), are amended to read:

DOC 302.17 (11) (c) Referral by the institution adjustment committee disciplinary committee as defined in s. DOC 302.21(1) 303.02(12).

DOC 302.21 (3) (b) 1. The projected mandatory release date is the date on which the inmate is to be released from the institution, if not granted parole earlier, unless that date is extended pursuant to s. DOC 303.84 DOC 303.87.

DOC 302.33 (1) (b) The inmate has not received a major penalty under s. DOC 303.68 (1) (a) DOC 303.72.

DOC 302.34 (1) (a) The inmate has not received a major penalty under s. DOC 303.68 (1) DOC 303.72.

DOC 302.35 (1) (a) The inmate has not received a major penalty under s. DOC 303.68 (1) DOC 303.72 on any day counted toward positive adjustment time.

DOC 304.04 (2) Inmates who otherwise meet the eligibility requirements of this section may be assigned to the secure work program as a disciplinary disposition under s. DOC 303.72 (9) DOC 303.75 (6).

DOC 306.05 (4) (a) Inmates in protective confinement shall have privileges and property at least equivalent to privileges and property allowed to inmates in program segregation under s. DOC 303.70 DOC 303.73.

DOC 308.03 (4) (intro) “Disturbance" means a riot or other disturbance to institutional order caused by a group of 2 or more inmates that may include one any of the following:

DOC 308.03 (4) (b) The taking of a one or more hostage hostages by an inmate.

DOC 308.03 (4) (d) The refusal by 2 or more inmates, acting in concert, to comply with an order, to return to cells or rooms.

DOC 308.04 (4) (e) 5. The right to assistance of an advocate staff representative in accordance with s. DOC 303.78 DOC 303.83.

DOC 308.04 (5) (a) 2. Attempt to obtain a signed statement under oath from the witness and determine that the statement is corroborated in accordance with s. DOC 303.86 (4) DOC 303.84 (5) if the designated staff member finds a significant risk of bodily injury.

DOC 308.04 (10) An inmate's progress in administrative confinement shall be reviewed by the ACRC at least every 6 months following the procedures for review under this section. Monthly progress will be reviewed consistent with the segregation review process as outlined in s. DOC 303.70 (12) DOC 303.73 (13).

DOC 308.04 Note to sub. (4). Sub (4) gives the inmates certain rights. It requires that adequate written notice of the review be given the inmate. If necessary, a verbal explanation of the notice should be made in accordance with the inmate's needs. The rights also include the right to present and question a witness in the same manner as for due process hearings, s. DOC 303.81 DOC 303.84.

DOC 309.02 (5) Contraband has the meaning given in s. DOC 303.10 DOC 303.02(8).

DOC 309.04 (4) (e) 2. If the letter is outgoing mail, the department shall provide he sender a notice stating why the letter was not delivered. Correctional staff shall dispose of the letter consistent with s. DOC 303.10 DOC 309.20 (4).

DOC 309.04 (6) The department shall dispose of contraband found through inspections conducted pursuant to this section in accordance with s. DOC 303.10 DOC 309.20 (4).

DOC 309.20 (4) (a) 5. Unclaimed property shall be held for a one year period after the date of release, after which time the property shall be disposed of in accordance with s. DOC 303.10 (3) DOC 303.09 (2). The institution shall not be responsible for damage due to prolonged storage.

DOC 309.20 (4) (b) 3. Unclaimed property shall be held for a one year period after the date of death, after which time the property shall be disposed of in accordance with s. DOC 303.10 (3) DOC 303.09 (2). The institution shall not be responsible for damage due to prolonged storage.

DOC 309.20 (4) (c) 3. Unclaimed property shall be held for a one year period after the date of death, after which time the property shall be disposed of in accordance with s. DOC 303.10 (3) DOC 303.09 (2).

DOC 309.20 (4) (d) 2. Items which are contraband shall be disposed of in accordance with s. DOC 303.10 DOC 303.09 (2).

DOC 309.20 (7) Contraband. The institution shall consider items not permitted at an institution or permitted but not on an inmate's property list under sub (2) contraband and subject the items to seizure and disposition under s. DOC 303.10 DOC 303.09 (2). The institution may subject an inmate to discipline for possessing contraband under ss. DOC 303.43 through 303.48 303.49.

DOC 309.65 (5) (c) 2. A group that he or she has reasonable grounds to believe is a inmate gang security threat group as defined in s. DOC 303.02 (9) DOC 303.02 (30).

DOC 310.08 (3) After exhausting the appeal process in s. DOC 302.18, 303.75, 303.76 303.78, 303.80, 308.04, or 326.06, an inmate may use the ICRS to challenge only the procedure used in the program review process, the disciplinary process, the administrative confinement review process, or by any decisionmaker acting on a request for authorized leave.

DOC 310.10 (7) The department shall not consider group complaints filed in accordance with this section a group petition within the meaning of s. DOC 303.20 DOC 303.24 and shall not subject the complainants to discipline under that section.

DOC 303 APPENDIX DOC 310.16, PARA 3 This is not to say that inmates are free to make threatening or false statements about staff, knowing they are false, especially if those false statements are made public. There have been malicious lies about staff corruption and sexual behavior made in the ICRS. This rule does not prohibit disciplinary action for the bad faith use, or rather abuse, of the ICRS under DOC 303.271 DOC 303.32.

DOC 311.07 (2) (f) 3. The right to an advocate a staff representative in accordance with s. DOC 303.78 DOC 303.83.

DOC 313.08 (10) Reporting for work or while at work manifesting any evidence of having used or being under the influence of an intoxicating substance, as defined in s. DOC 303.02 (11) DOC 303.02 (23), or in possession of an intoxicating substance or drug paraphernalia or device as defined in under s. DOC 303.44.

DOC 324.12 (1) (j) Failure to report o return from a work or study placement may be referred for prosecution as an escape under s. 946.42(3), Stats., and may be administratively charged with an escape under s. DOC 303.22 DOC 303.26.

DOC 324.13 (6) A hearing shall be conducted in accordance with the procedures under ss. DOC 303.75 to 303.84 DOC 303.78, 303.80 to 303.87, modified as follows:

(a) In accordance with s. DOC 303.81 DOC 303.80 with the permission of the hearing officer, the work release coordinator shall interview employers or school officials who have relevant evidence and report to the hearing officer.

(b) A penalty listed in s. DOC 303.84 DOC 303.87 need not be imposed as a result of a finding of guilt.

DOC 327.09 (1) (a) An inmate may not possess or use any form of alcohol, or other intoxicating substance as defined under s. DOC 302.02 (11) DOC 303.02 (23) except as authorized and directed by an approved physician.

DOC 327.09 (2) (intro) All offenses listed in ss. DOC 303.12 to 303.631 DOC 303.11 to 303.64 apply to inmates in community residential confinement placement with the following exceptions, substitutions and modifications;

DOC 327.09 (2) (a) Section DOC 303.15 DOC 303.14 on sexual conduct does not apply.

DOC 327.09 (2) (b) The following is substituted for s. DOC 303.18 DOC 303.21 on inciting a riot disturbance: Any inmate who intentionally encourages, directs, commands, coerces or signals one or more other persons to participate in a riot disturbance is guilty of an offense. “Disturbance" means a serious disturbance caused by a group of 2 or more persons which creates a serious risk of injury to persons or property has the meaning given in s. DOC 303.02 (14).

DOC 327.09 (2) (c) Section DOC 303.20 DOC 303.24 on group resistance and petitions does not apply.

DOC 327.09 (2) (d) (intro) The following is substituted for s. DOC 303.05 DOC 303.04 on conspiracy:

DOC 327.09 (2) (e) (intro) The following is substituted for s. DOC 303.22 DOC 303.26 on escape:

DOC 327.09 (2) (f) The following is substituted for s. DOC 303.27 DOC 303.31 on lying: Any inmate who knowingly makes a false written or oral statement to a staff member is guilty of an offense.

DOC 327.09 (2) (h) Section DOC 303.30 DOC 303.34 on unauthorized forms of communication does not apply.

DOC 327.09 (2) (i) The following is substituted for s. DOC 303.32 DOC 303.36 on enterprises and fraud: Any inmate who offers to buy or orders any item with the intention of not paying for it or incurs debt without permission is guilty of an offense.

DOC 327.09 (2) (m) 1. Except as specifically authorized by CRC staff, any inmate who knowingly has in his or her possession any intoxicating substance as defined under s. DOC 303.02(14) DOC 303.02(23) is guilty of an offense ; and.

DOC 327.09 (2) (q) (intro) The following is substituted for s. DOC 303.49 DOC 303.50 on punctuality and attendance: Inmates shall attend and be on time for all events, classes, meetings, appointments, job and other activities for which they are scheduled. Any inmate who violates this section is guilty of an offense, unless one of the following applies:

DOC 327.09 (2) (r) Section DOC 303.50 DOC 303.51 on loitering does not apply;

DOC 327.09 (2) (s) The following is substituted for s. DOC 303.51 DOC 303.52 on leaving assigned area: Any inmate who leaves an area where he or she is attending a scheduled activity other work or school assignment before the activity or the work or school assignment is over is guilt of an offense, unless absence from the assigned area has been approved by an appropriate CRC member;

DOC 327.09 (2) (t) Section DOC 303.52 DOC 303.50 entry of into another inmate's quarters assigned living area does not apply.

DOC 327.09 (2) (u) Section DOC 303.54 DOC 303.55 on improper storage does not apply.

DOC 327.09 (2) (v) Section DOC 303.55 DOC 303.56 on dirty quarters assigned living area does not apply.

DOC 327.09 (2) (w) Section DOC 303.56 DOC 303.57on poor grooming personal hygiene does not apply.

DOC 327.09 (2) (x) (intro) The following is substituted for s. DOC 303.57 DOC 303.58 on misuse of prescription medication: Any inmate who knowingly does any of the following is guilty of offense:

DOC 327.09 (2) (y) Section DOC 303.59 DOC 303.60 on use of intoxicants applies except that subs. (2) and (3) are modified to include tests, examinations and specimens requested in accordance with this chapter.

DOC 327.09 (2) (z) (intro) The following is substituted for s. DOC 303.63 DOC 303.28 (3) on violations of institution policies and procedures:

DOC 327.09 (3) In addition to the rules listed under sub. (1) and the list of offenses under ss. DOC 303.12 to 303.631 DOC 303.11 to 303.64 as affected by sub. (2), CRC staff may develop additional written rules and specific conditions for an inmate's CRC placement. These specific rules and conditions may be modified at any time with written notice to the inmate.

DOC 327.13 (intro) Disciplinary 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 DOC 303.65 to 303.92.

DOC 327.13 (2) Under s. DOC 303.67,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 303.67 DOC 303.68 within 24 hours after receipt.

DOC 327.13 (3) Under s. DOC 303.68 (3) 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 drug paraphernalia; s. DOC 303.51 DOC 303.52 on leaving assigned area; and s. DOC 303.511 DOC 303.53 on being in an unassigned area.

DOC 327.13 (4) Under DOC 303.76(1) 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 303.67 DOC 303.68.

DOC 327.13 (5) Under DOC 303.76 (4) DOC 303.80 (5) 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.

DOC 327.13 (6) Section DOC 303.78(1) DOC 303.83 is modified to read: The superintendent may designate or hire staff members to serve as advocates staff representatives for inmates in disciplinary hearings at the institution, or staff members may volunteer to serve as advocates staff representatives. The superintendent shall assign advocates staff representatives to inmates. If an inmate objects to the assignment of a particular advocate staff representative because the advocate staff representative 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 staff representative.

DOC 327.13 (7) Under s. DOC 303.81 (3) 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 advocate 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.

DOC 327.13 (8) Under ss. DOC 303.75 (3) and 303.82 DOC 303.78 and 303.85, any department staff member designated by the superintendent may serve on an adjustment disciplinary committee or serve as a hearing officer.

DOC 327.13 (9) A penalty listed in s. DOC 303.84 DOC 303.87 need not be imposed as a result of a finding of guilt.

DOC 327.13 (10) Under ss. DOC 303.69 and 303.70 s. DOC 303.73 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 adjustment segregation or program segregation status.

DOC 327.15 (6) (d) Items not permitted under this section or under an inmate's special conditions of CRC placement are contraband. They may be seized in accordance with s. DOC 303.10 DOC 303.09. An inmate may be subject to discipline for possessing contraband.

SECTION 4. DOC 308.03 (6) and (8), 309.02 (13), 309.55 (e) 4., 5., and 6., 327.09 (2) (g), (j), and (n) are repealed.

SECTION 5. DOC 308.03 (8m), 309.55 (4) (e) 4. and 5. are created to read:

DOC 308.03 (8m) “Security threat group" means a group of individuals which threatens, intimidates, coerces or harasses others or engages in activities which violates or encourages the violation of statutes, administrative rules or departmental policies or institutional procedures

DOC 309.55 (4) (e) 4. Disciplinary separation under s. DOC 303.73.

DOC 309.55 (4) (e) 5. Controlled segregation under s. DOC 303.74.

SECTION 6. Effective date: This rule shall take effect on the first day of the month following publication in the Wisconsin administrative register as provided in s. 227.22 (2) (intro), Stats.

NOTICE IS HEREBY GIVEN that pursuant to the authority granted under section 601.41 (3), Stats., and the procedures set forth in under section 227.18, and 227.24 (4), Stats., OCI will hold a public hearing to consider the adoption of a proposed permanent rule and the emergency rule (EmR1101) published February 9, 2011, affecting section Ins 6.07, Wis. Adm. Code, relating to readability and electronic access to insurance policies and affecting small business.