Wis. Admin. Code DOC § 310.07

Current through August 30, 2021
Section DOC 310.07 - Filing of complaints
(1) Prior to filing a formal complaint, an inmate shall attempt to resolve the issue by following the designated process specific to the subject of the complaint. The ICE may request inmates to provide evidence of having followed the specified process.
(2) An inmate shall file a complaint within 14 days after the occurrence giving rise to the complaint. At the discretion of the ICE, a late complaint may be accepted for good cause. An inmate shall request to file a late complaint in the written complaint and explicitly provide the reason for the late filing.
(3) Each complaint shall meet all of the following requirements:
(a) Be submitted on a complaint form provided by the department.
(b) Be legibly handwritten or typed.
(c) Be filed only under the name by which the inmate was committed to the department or the legal name granted by a court.
(d) Include the inmate's original signature.
(e) Not exceed 500 words total and not exceed two pages.
(f) Provide relevant supporting documentation, which may be accepted at the discretion of the ICE.
(4) A complaint will not be processed and a referral for disciplinary action may occur in accordance with ch. DOC 303 if the complaint contains any of the following:
(a) Obscene, profane, abusive, or threatening language unless such language is necessary to describe the factual basis of the complaint.
(b) A foreign substance.
(5) Each complaint may contain only one clearly identified issue.
(6) A complaint must contain sufficient information for the department to investigate and decide the complaint.
(7) An inmate may not file more than one complaint per calendar week except that any of the following are not subject to the filing restrictions contained in this paragraph:
(a) Complaints regarding the inmate's health and personal safety.
(b) Complaints made under PREA.
(8) An inmate shall submit a signed complaint by placing it in a receptacle designated for complaints or by submitting it to the ICE office through institution or USPS mail.
(9) If an inmate is transferred after an incident but before filing a complaint, the inmate shall file a complaint related to the incident at the currently assigned institution. The ICE shall refer the complaint to the ICE at the appropriate institution for investigation and reviewing authority decision. If the transfer is to a contracted facility, the inmate shall file the complaint with the institution where the issue arose.
(10) Inmates shall file complaints with the institution where the incident occurred.
(11) The ICE may waive any requirements under this section for good cause.

Wis. Admin. Code Department of Corrections § DOC 310.07

CR 02-038: cr. Register November 2002 No. 563, eff. 12-1-02.
Adopted by, CR 16-054: cr., Register March 2018 No. 747, eff. 4/1/2018