Chapter DOC 309

DOC 309.01 DOC 309.01 Applicability. This chapter applies to the department of corrections, and to all inmates in the legal custody of the department, except for inmates placed by the department in county penal facilities used by the department or other state or federal penal facilities. The department promulgates this rule pursuant to authority conferred by ss. 227.11 (2), 301.02, and 301.03, Stats., and interprets ss. 46.07, 301.32, 302.07, 302.08, 302.12, 303.01, and 303.065, Stats.

DOC 309.01 History History: Cr. Register, October, 1981, No. 310, eff. 11-1-81; correction made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1987, No. 378; am. Register, September, 1998, No. 513, eff. 10-1-98; correction made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2000, No. 534.

DOC 309.02 DOC 309.02 Definitions. As used in this chapter:

DOC 309.02(1) (1) “Adjustment committee” means the adjustment committee authorized under the departmental disciplinary rules to impose disciplinary measures for inmate misconduct.

DOC 309.02(2) (2) “Administrator” means the administrator of the division of adult institutions, department of corrections, or designee.

DOC 309.02(3) (3) “Clinical services unit supervisor” means the clinical services unit supervisor at an institution, or designee.

DOC 309.02(4) (4) “Close family member” under ss. DOC 309.08 and 309.41 to 309.49 means the inmate’s natural, adoptive, step, and foster parents; spouse, children, grandparents, grandchildren, or siblings. A parent surrogate is within the definition of parent if an inmate substantiates that a claimed surrogate did in fact act as a parent to the inmate, although the parent surrogate was not an adoptive, foster, or stepparent.

DOC 309.02(5) (5) Contraband has the meaning given in s. DOC 303.02 (8).

DOC 309.02(6) (6) “Department” means the department of corrections.

DOC 309.02(7) (7) “Division” means the department of corrections, division of adult institutions.

DOC 309.02(7m) (7m) “Features” means the publication contains depictions of nudity on a routine or regular basis or promotes itself based upon depictions of nudity in the case of individual one-time issues. The department will not prohibit a publication solely because it contains nudity that has a medical, educational or anthropological purpose.

DOC 309.02(8) (8) “General or trust account” means an account established by an institution to receive all funds for the benefit of an inmate.

DOC 309.02(9) (9) “Human sexual behavior” means the actual or simulated act of any of the following:

DOC 309.02(9)(a) (a) Sexual intercourse, which 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.

DOC 309.02(9)(b) (b) Fellatio or cunnilingus.

DOC 309.02(9)(c) (c) Sodomy.

DOC 309.02(9)(d) (d) Bestiality.

DOC 309.02(9)(e) (e) Masturbation.

DOC 309.02(9)(f) (f) Necrophilia.

DOC 309.02(9)(g) (g) Sexual sadism or sexual masochistic abuse including, but not limited to, flagellation, torture, or bondage.

DOC 309.02(9)(h) (h) Sexual excitement.

DOC 309.02(10) (10) “Institution business manager” means the person designated to receive and disburse money and property at each institution or that person’s designee.

DOC 309.02(12) (12) “Mail” means materials such as letters and other items of correspondence processed through the United States postal service and letters and other items of correspondence processed within an institution.

DOC 309.02(14) (14) “Nudity” for commercially published material means the showing of human male or female genitals or pubic area with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of the areola or nipple, or the depiction of covered male genitals in a discernibly turgid state. “Nudity” for purposes of a personal photograph means the showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of the areola or nipple, or the depiction of covered male genitals in a discernibly turgid state.

DOC 309.02(15) (15) “Photograph” means an image on film, video tape, or electronic transmission.

DOC 309.02(16) (16) “Pornography” means any of the following:

DOC 309.02(16)(a) (a) Any material, other than written material, that depicts any of the following:

DOC 309.02(16)(a)1. 1. Human sexual behavior.

DOC 309.02(16)(a)2. 2. Sadomasochistic abuse, including but not limited to flagellation, bondage, brutality to or mutilation or physical torture of a human being.

DOC 309.02(16)(a)3. 3. Unnatural preoccupation with human excretion.

DOC 309.02(16)(a)4. 4. Nudity which is not part of any published photograph or printed material, such as a personal nude photograph.

DOC 309.02(16)(a)5. 5. Nudity of any person who has not attained the age of 18.

DOC 309.02(16)(b) (b) A publication that features nudity.

DOC 309.02(16)(c) (c) Written material which the average person, applying state contemporary community standards, would find, when taken as a whole does all of the following:

DOC 309.02(16)(c)1. 1. Appeals to the prurient interest.

DOC 309.02(16)(c)2. 2. Describes human sexual behavior in a patently offensive way.

DOC 309.02(16)(c)3. 3. Lacks serious literary, artistic, political, educational, or scientific value.

DOC 309.02(18) (18) “Release account” means an account established for an inmate in which a percentage of the inmate’s income is deposited, in accordance with s. DOC 309.466 so that the inmate has sufficient funds when released from the institution to purchase release clothing, out-of-state transportation, and other items and services needed on release.

DOC 309.02(19) (19) “Representatives of the news media” means persons whose principle employment is to gather or report news for any of the following:

DOC 309.02(19)(a) (a) A newspaper that qualifies as a general circulation newspaper of record in the community in which it is published.

DOC 309.02(19)(b) (b) A news magazine that publishes news of a general character and of general interest which has a statewide or national circulation and is distributed at newsstands or by mail subscription to the general public.

DOC 309.02(19)(c) (c) A statewide, national, or international news service.

DOC 309.02(19)(d) (d) A radio or television news program of general character and general interest, at a station holding a federal communications commission license.

DOC 309.02(20) (20) “Secretary” means the secretary of the department of corrections, or designee.

DOC 309.02(21) (21) “Security director” means the security director at an institution, or designee.

DOC 309.02(22) (22) “Segregated account” means an account established for the receipt and disbursement of funds received by inmates for participation in a work or study release program under ch. DOC 324 and certain institution educational programs. Such funds include, but are not limited to, social security, veterans administration, and railroad retirement funds.

DOC 309.02(23) (23) “Sexual excitement” means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

DOC 309.02(24) (24) “Warden” means the warden at an institution, or designee.

DOC 309.02 History History: Cr. Register, October, 1981, No. 310, eff. 11-1-81; emerg. cr. (9m), eff. 5-15-86; cr. (9m), Register, September, 1986, No. 369, eff. 10-1-86; cr. (2m) and (8m), Register, April, 1994, No. 460, eff. 5-1-94; renum. and am. (2), (4), (7), (9m), (10), (13) to be (4), (2), (8), (18), (19), (24), renum. (2m), (3), (5), (6), (8), (8m), (9), (11), (12) to be (5), (6), (7), (3), (10), (13), (15), (21), (22), cr. (9), (12), (14), (16), (20), (23), Register, September, 1998, No. 513, eff. 10-1-98; correction in (4) made under s. 13.93 (2m) (b) 7., Stats., Register, August, 2001, No. 548; CR 01-022: cr. (7m), am. (14) and (16), Register August 2001 No. 548, eff. 9-1-01; CR 11-022: am. (5) Register September 2014 No. 705, eff. 1-1-15.

DOC 309.03 DOC 309.03 News media access to inmates.

DOC 309.03(1) (1) Representatives of the news media shall be permitted to visit correctional institutions. Visits and interviews by media representatives with correctional staff and inmates can foster the public’s understanding of the qualities, problems, and needs of inmates and institutions. Such understanding helps to develop community acceptance and support of correctional objectives, including the objective of successful reintegration of offenders into the community.

DOC 309.03(2) (2) The warden may permit news media representatives to interview individual inmates, unless one of the following exists:

DOC 309.03(2)(a) (a) The warden believes that an interview will jeopardize or be detrimental to any of the following:

DOC 309.03(2)(a)1. 1. The safety or order of the institution.

DOC 309.03(2)(a)2. 2. The welfare of the inmate.

DOC 309.03(2)(a)3. 3. The welfare of the victim, the victim’s family or the community.

DOC 309.03(2)(a)4. 4. Legitimate correctional objectives, including resources.

DOC 309.03(2)(b) (b) The inmate is confined in segregation.

DOC 309.03(2)(c) (c) The inmate refuses to be interviewed.

DOC 309.03(3) (3) Representatives of the news media who visit correctional institutions are subject to the same rules as other visitors. They will not be counted against any limits as to the number of visitors permitted, unless they are on an inmate’s visiting list.

DOC 309.03(4) (4) With the written permission of the inmate, news media representatives may photograph the inmate. The permission shall include the date of the photo and the use to be made of it.

DOC 309.03(5) (5) The warden shall regulate all visits and interviews conducted pursuant to this section as to time, location, length, and equipment used.

DOC 309.03 History History: Cr. Register, October, 1981, No. 310, eff. 11-1-81; am. (2) (intro.), (a) (intro.), 1., 2., (5), cr. (2) (a) 3., 4., r. (2) (b), renum. and am. (2) (c) and (d) to be (2) (b) and (c), Register, September, 1998, No. 513, eff. 10-1-98.

DOC 309.04 DOC 309.04 Inmate mail.

DOC 309.04(1) (1) The department may allow inmates to communicate with their families, friends, government officials, courts, and other people concerned with the welfare of inmates consistent with the need to protect the public.

DOC 309.04(2) (2) 

DOC 309.04(2)(a) (a) Incoming mail addressed to inmates may be opened, examined, censored, and delivered under this section only if the inmate consents in writing to receive mail through institution mail services.

DOC 309.04(2)(b) (b) If an inmate does not consent under par. (a), the institution shall return incoming mail addressed to the inmate to the post office unopened marked, “refused.”

DOC 309.04(2)(c) (c) The department shall permit an inmate to correspond with anyone.

DOC 309.04(2)(d) (d) All outgoing inmate mail shall be stamped. The stamp shall identify the mail as coming from the Wisconsin state prison system.

DOC 309.04(3) (3) Institution staff may not open or read for inspection mail sent by an inmate to any of the parties listed in pars. (a) to (j), unless the security director has reason to believe that the mail contains contraband. Institution staff may open mail received by an inmate from any of these parties in the presence of the inmate. Staff may inspect the document but only to the extent necessary to determine if the mail contains contraband, or if the purpose is misrepresented. Staff may read the mail if staff has reason to believe it is other than a legal document. The department shall process contraband in accordance with sub. (4) (e) (intro.) and 1., (f) and (g). This subsection applies to mail clearly identifiable as being from one or more of the following parties:

DOC 309.04(3)(a) (a) An attorney.

DOC 309.04(3)(b) (b) The governor of Wisconsin.

DOC 309.04(3)(c) (c) Members of the Wisconsin legislature.

DOC 309.04(3)(d) (d) Members of the United States congress.

DOC 309.04(3)(e) (e) The secretary of the department.

DOC 309.04(3)(f) (f) The administrator of the division.

DOC 309.04(3)(g) (g) The attorney general or an assistant attorney general of Wisconsin.

DOC 309.04(3)(h) (h) An investigative agency of the federal government.

DOC 309.04(3)(i) (i) The clerk or judge of any state or federal court.

DOC 309.04(3)(j) (j) The President of the United States.

DOC 309.04(4) (4) Except as provided in sub. (3), the department shall apply the following restrictions to all inmate correspondence:

DOC 309.04(4)(a) (a) Incoming and outgoing mail may be opened and inspected for contraband. It shall not be delivered if it contains contraband.

DOC 309.04(4)(b) (b) Correctional staff may read mail other than mail specified in sub. (3) in order to ensure the safety of the institution, institution staff, inmates and the general public. If the correspondence is between inmates and concerns joint legal matters, staff shall not read further and staff shall submit the mail for delivery.

DOC 309.04(4)(c) (c) The department may not deliver incoming or outgoing mail if it does any of the following:

DOC 309.04(4)(c)1. 1. Threatens criminal activity or harm to any person.

DOC 309.04(4)(c)2. 2. Threatens blackmail or extortion.

DOC 309.04(4)(c)3. 3. Concerns sending contraband in or out of an institution.

DOC 309.04(4)(c)4. 4. Concerns plans to escape.