State Ex Rel. Jones v. Franklin

Ricky Jones appeals from an order affirming a decision of the Kettle Moraine Correctional Institution Adjustment Committee finding him guilty of violating several prison disciplinary rules.

*421Two conduct reports are involved. The dispositive issue with respect to the first report is whether the committee's failure to hold a hearing on the allegations within twenty-one days of the issuance of the report, as required by Wis. Adm. Code, sec. HSS 303.76(3) deprives the committee of competency or jurisdiction to proceed in the matter. We hold that it does, and that, given the language of the rule, we…