Current through June 27, 2022
Section DOC 310.10 - Processing complaints(1) The ICE shall collect and date stamp all complaints with the date collected.(2) The ICE shall accept the complaint, return the complaint in accordance with sub. (5), or reject the complaint in accordance with sub. (6).(3) The ICE shall assign a file number and classification code to an accepted or rejected complaint.(4) The ICE shall give written notice to the inmate within 10 days of collection that the complaint has been received.(5) The ICE may return a complaint within 10 days if it does not meet the criteria under s. DOC 310.07(1), (3), (4), and (5) to permit the inmate to resubmit the complaint after correcting issues noted by the ICE. Inmates shall be given one opportunity to correct and resubmit a returned complaint. The ICE shall grant 10 days for receipt of the corrected complaint.(6) The ICE may reject a complaint for the following reasons:(a) The inmate submitted the complaint solely for the purpose of harassing or causing a person to suffer emotional distress or to fear bodily injury.(b) The inmate does not raise an issue regarding policies, rules, living conditions, or employee actions that personally affect the inmate or institution environment.(c) The issue lacks merit or is otherwise frivolous.(d) The inmate does not provide sufficient information to support a complaint.(e) The inmate submitted the complaint beyond 14 days after the date of the occurrence giving rise to the complaint and provides no good cause for the ICE to extend the time limits.(g) The issue has already been addressed through the inmate's prior use of the ICRS.(h) The complaint contains obscene, profane, abusive, or threatening language unless such language is necessary to describe the factual basis of the substance of the complaint.(i) The complaint contains a foreign substance, in which case all of the following apply: 1. Complaints that contain a foreign substance will not be included in the complaint record and will be disposed of in accordance with institution procedure.2. Inmates who submit a complaint containing a foreign substance may be subject to disciplinary action in accordance with ch. DOC 303.(7) The ICE shall have full access to the institution, inmates, employees, and department records to investigate the complaint.(8) The ICE shall give priority to complaints dealing with health or personal safety.(9) The ICE shall either reject the complaint or send a recommendation to the appropriate reviewing authority within 30 days from the date of receipt.(10) An inmate may appeal a rejected complaint within 10 days to the appropriate reviewing authority who shall only review the basis for the rejection of the complaint. The reviewing authority's decision is final.(11) The complaint record shall include the names of persons interviewed and evidence that is relevant, material, and not repetitious.(12) The ICE may recommend to the reviewing authority that the complaint be affirmed or dismissed in whole or in part.
Wis. Admin. Code Department of Corrections § DOC 310.10CR 02-038: cr. Register November 2002 No. 563, eff. 12-1-02; CR 11-022: am. (7) Register September 2014 NO. 705, eff. 1-1-15.Adopted by, CR 16-054: cr., Register March 2018 No. 747, eff. 4/1/2018