Section DOC 333.26 - Inmate complaints(1) Inmates in DIS shall be provided an opportunity for review of decisions through the inmate complaint process. This process is used to encourage communication and cooperation between inmates and staff while resolving problems in an orderly and uniform fashion.(2) In this section: (a) "Calendar days" means all days including Saturdays, Sundays and legal holidays.(b) "Complaint" means a written statement by a DIS inmate which identifies a decision, states the reasons for the complaint and complies with the time limit stated in this section, except that a late complaint may be accepted for cause.(c) "Request for review" means a written request submitted by a DIS inmate to his or her agent's supervisor which states the reason for the request and complies with the time limits set forth in this section, except that a late request may be accepted for cause.(d) "Working days" means all days except Saturdays, Sundays and legal holidays.(3) Decisions related to the following may not be challenged through the inmate complaint process: (a) Custody and detention.(b) Parole revocation or any sanctions.(c) Violation of criminal law or ordinance.(d) Denial of firearms in accordance with the Federal Gun Control Act of 1968 and s. 941.29, Stats.(e) All decisions, special conditions or terms of supervision imposed by a court or the parole commission.(f) Discharge under s. 301.048(6), Stats., and s. DOC 333.25.(h) A decision on a challenge to an inmate record.(i) The denial of a special action parole under s. 304.02, Stats.(4) The procedure for filing an inmate complaint is as follows: (a) An inmate shall file a complaint with his or her agent within 14 calendar days after the occurrence giving rise to the complaint.(b) The agent shall issue a written decision within 7 working days of receipt of the complaint.(c) If the review by the agent does not produce a resolution, the inmate may file a request for review with the agent's supervisor within 5 working days of receipt of the agent's decision.(d) The supervisor shall issue a written decision within 10 working days of receipt of the request for review.(e) If the review by the supervisor does not produce a resolution, the inmate may file a request for review within 5 working days of receipt of the supervisor's decision to the sector chief who shall issue a final written decision within 10 working days of receipt of the request for review.(5) While the review process is pending, the inmate shall comply with the decision or directive being reviewed.(6) An inmate may not be sanctioned for filing a complaint.(7) The complaint process shall be expedited in circumstances where the complaint will be invalidated by the passage of time limits.Wis. Admin. Code Department of Corrections DOC 333.26
Cr. Register, February, 1993, No. 446, eff. 3-1-93.