Section DOC 310.16 - Confidentiality(1) Except as otherwise provided in this section, the department shall ensure that complaints filed under this chapter are confidential.(2) ICRS staff may reveal the identity of inmates and the nature of the complaint to the extent reasonably necessary to investigate the complaint, implement the remedy, or to respond to litigation.(3) The reviewing authority or secretary may waive confidentiality of a complaint if the security, safety, or health of the institution or any person is involved.(4) The reviewing authority or secretary may waive confidentiality of a complaint to satisfy PREA standards and reporting requirements.(5) A copy of or reference to a complaint or decision may not be placed in the inmate's institution files except with authorization from the reviewing authority or as required under sub. (2) or (3).(6) An inmate may file a complaint alleging a breach of confidentiality under this section.(7) An inmate waives confidentiality by making known any aspect of a complaint to persons outside the ICRS.(8) The confidentiality of the complaint process does not prohibit disciplinary action under ch. DOC 303 for misuse of the ICRS. Misuse of the ICRS includes complaints that are intended to do any of the following:(b) Cause emotional distress.(c) Threaten to cause harm or bodily injury.(d) Erode the integrity or credibility of employees by knowingly providing false statements.(e) Disrupt department or institution operations.(9) ICRS staff may access an inmates protected health information to investigate, make recommendations, render decisions, and decide appeals when access is related to the complaint, subject to any of the following: (a) Written authorization is not required from the inmate.(b) Access may include verbal information from a health provider and written health records related to the inmate complaint.(c) Protected health information entered into the record shall be limited to the minimum necessary to process the inmate complaint.(10) For inmates in restrictive housing, staff may inspect correspondence in the presence of the inmate only to the extent necessary to determine if it contains contraband.(11) Inmates will not have access to other inmate's complaints through the ICRS.Wis. Admin. Code Department of Corrections § DOC 310.16
CR 02-038: cr. Register November 2002 No. 563, eff. 12-1-02.Amended by, CR 16-054: cr., Register March 2018 No. 747, eff. 4/1/2018