Wis. Admin. Code DOC § 303.02

Current through March 24, 2024

Section DOC 303.02 - Definitions

In this chapter:

(1) "Administrator" means an administrator of a division of the department, or designee.

(2) "Authorized" means any of the following:

(a) According to departmental rules.

(b) According to policies, procedures and handbooks.

(c) According to the direction of an employee.

(d) With permission from the appropriate employee.

(3) "Bodily harm" means physical pain or injury, illness, or any impairment of physical condition.

(4) "Body specimen" means biological specimen, including a sample of urine, breath, blood, stool, hair, finger nails, saliva, semen, skin cells, or DNA.

(5) "Case record" means a method of storing information which is accessible by the use of an individual inmate's name or department identification number.

(6) "Close family member" means natural, adoptive, step and foster parent, spouse, domestic partner, children, grandparent, grandchildren, or sibling. A surrogate parent is within the definition of parent if it is substantiated that the claimed surrogate has stood in the place of a parent and has been charged with the parent's rights, duties, and responsibilities, either by virtue of voluntary assumption or court appointment.

(7) "Communicate" means to express verbally, in writing, or by means of a gesture or other action, to include electronic transmission.

(8) "Contraband" means any of the following:

(a) Any item which inmates may not possess under this chapter or is not authorized by department policy.

(b) Any item which is not state property and is on the institution grounds but not in the possession of any person.

(c) Any allowable item which comes into an inmate's possession through unauthorized means or is required to be on the inmate's property list and is not.

(d) Stolen property.

(e) Damaged or altered property.

(f) Items deemed contraband by the disciplinary committee or hearing officer.

(g) Items directly or indirectly derived from or realized through the commission of any offense under this chapter.

(h) Item used in the commission of any offense under this chapter.

(i) Items in excess of allowable limits.

(9) "Corporal punishment" means the deliberate infliction of pain as retribution for an offense or requiring the performance of tasks meant to humiliate or degrade.

(10) "Department" means the department of corrections.

(11) "Department policy" means any department or division policy, facility procedure, inmate or unit handbook, or other official notice available to the inmate.

(12) "Disciplinary separation" means a punitive, segregated status which is the result of a major penalty.

(13) "Disturbance" means a riot or other disturbance to institutional order caused by a group of two or more inmates that may include one of the following:

(a) An assault on any person by two or more inmates.

(b) The taking of one or more hostages.

(c) The destruction of state property or the property of another by two or more inmates.

(d) The refusal by two or more inmates, acting in concert, to comply with an order.

(e) Any words or acts which incite or encourage inmates to take any of the actions under pars. (a) to (d).

(14) "Division" means the division of adult institutions, department of corrections.

(15) "Employee" means any department staff member, an employee of a contract agency, an independent contractor, or a volunteer of the department or institution.

(16) "Evidence" means any statement or object which could be presented at a disciplinary hearing or in a court of law, whether or not it is admissible.

(17) "Gambling" means betting on the outcome of all or any part of any game of skill or chance or an athletic contest or on the outcome of any event, or participation in any lottery or sweepstakes.

(18) "Great bodily harm" means bodily injury which creates a substantial risk of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury.

(19) "Harass" means to annoy or irritate persistently.

(20) "Hearing officer" means a supervisor assigned to conduct disciplinary hearings.

(21) "Institution" means a correctional institution or correctional facility defined under s. 302.01, Stats.

(22) "Intimate parts" means breast, penis, buttocks, anus, scrotum, or vaginal area or any other parts of the body that may result in sexual arousal or gratification for either party.

(23) "Intoxicating substance" means anything which if taken into the body may alter or impair normal mental or physical functions.

(24) "Member of a household" means a person who regularly resides in the household of another or who within the previous 6 months regularly resided in the household of another.

(25) "Negotiable instrument" means a writing, signed by the maker or drawer, which contains a promise to pay which is payable on demand or at a specified time, and which is payable to the order of the bearer.

(26) "Personally identifiable information" means information that can be associated with a particular individual through one or more identifiers or other information or circumstances.

(27) "Possession" means on one's person, in any area to which the inmate has been assigned, or under one's control.

(28) "Record" means any material on which written, drawn, printed, spoken, visual, electromagnetic, electronic or other information recorded or preserved, regardless of physical form or characteristics, which has been created or is being kept by an authority.

(29) "Security director" means the security director at an institution or designee.

(30) "Security threat group" means a group of individuals which threatens, intimidates, coerces or harasses others or which engages in any activity which violates or encourages the violation of statutes, administrative rules or department policy.

(31) "Serious mental illness" means a diagnosed major mental disorder that is usually characterized by psychotic symptoms, significant functional impairments, or both, including schizophrenia, bipolar disorder, or major depressive disorder.

(32) "Sexual contact" means any of the following:

(a) Touching by the intimate parts of one person to any part of another person whether clothed or unclothed.

(b) Any touching by any part of one person or with any object or device of the intimate parts of another person or any other parts of the body that may result in sexual arousal or gratification for either party.

(33) "Sexual intercourse" means any penetration, however slight, by the penis into the mouth, vagina, or anus of another person, or any penetration by any part of the body or an object into the anus or vagina of another person.

(34) "Staff member" or "staff" means a person employed by the department as permanent, project and limited term employee.

(35) "Stalking" means an act by an inmate with the purpose of causing that person to suffer emotional distress or to fear bodily injury or death of himself or herself or a member of his or her family or household.

(36) "Substantial bodily harm" means bodily injury that causes a laceration that requires stitches, staples, or a tissue adhesive; any fracture of a bone; a broken nose; a burn; a petechia; a temporary loss of consciousness, sight or hearing; a concussion; or a loss or fracture of a tooth.

(37) "Substantial involvement" means direct involvement with an alleged infraction, including being a witness or victim or serving as an investigator of an incident.

(38) "Suffer serious emotional distress" means to feel terrified, intimidated, threatened, harassed, or tormented. For an offense to be proved, it is not required that a victim has received or shall receive treatment from a mental health professional in order to prove that the victim suffered serious emotional distress.

(39) "Targeted person" means a person who is the subject of stalking. Targeted person may include a close family member, friend, co-worker or household member of the targeted person.

(40) "Temporary lock up" or "TLU" means a temporary nonpunitive segregated status allowing an inmate to be separated from the general population pending further administrative action.

(41) "Victim" means a person, other than the actor, against whom a violation under this chapter or a crime has been committed.

(42) "Warden" means the warden of an institution, or designee.

(43) "Without consent" means no consent in fact or that consent is given for any of the following reasons:

(a) Because the actor put the victim in fear.

(b) Because the actor purported to be acting under legal authority.

(c) Because the victim did not understand the nature of the act, conduct, or other matter, to which the victim consented.

(44) "Working days" means all days except Saturdays, Sundays, and state legal holidays.

Wis. Admin. Code Department of Corrections § DOC 303.02

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.