Chapter DOC 309

DOC 309.04(4)(c)8.c. c. Is inconsistent with or poses a threat to the safety, treatment or rehabilitative goals of an inmate.

DOC 309.04(4)(c)8.d. d. Facilitates criminal activity.

DOC 309.04(4)(c)9. 9. Contains information that, if communicated, would create a clear danger of physical or mental harm to any person.

DOC 309.04(4)(c)10. 10. Teaches or advocates illegal activity, disruption, or behavior consistent with a gang or a violent ritualistic group.

DOC 309.04(4)(c)11. 11. Is determined by the warden, on a case by case basis, to interfere with an inmate’s penological interests, goals, or needs.

DOC 309.04(4)(c)12. 12. Is determined by the warden, for reasons other than those listed in this paragraph, to be inappropriate for distribution throughout the institution.

DOC 309.04(4)(d) (d) The security director shall keep a record of any mail that is read, except inmate to inmate mail. The record shall include the name of the sender and receiver, the date, the reason for reading it, and the name of the reader. Inmates shall address questions regarding mail inspection to the security director.

DOC 309.04(4)(e) (e) A record of any mail that is not delivered shall be kept by the security director. It shall include the name of the sender and intended receiver, the date, and the reason for not delivering it.

DOC 309.04(4)(e)1. 1. If it is incoming mail, the letter and a written notice stating why the letter was not delivered shall be sent to the sender, unless the sender was an inmate. The inmate to whom the letter was sent shall be given a written notice that the letter was not delivered and the identity of the sender.

DOC 309.04(4)(e)2. 2. If the letter is outgoing mail, the department shall provide the sender a notice stating why the letter was not delivered. Correctional staff shall dispose of the letter consistent with s. DOC 303.09 (2).

DOC 309.04(4)(f) (f) An inmate may appeal decisions regarding non-delivery of mail to the warden, who shall decide the appeal in accordance with this subsection.

DOC 309.04(4)(g) (g) A record of cash, checks, money orders, and any negotiable instruments shall be made. It shall include the name of the sender and receiver, the amount, and date.

DOC 309.04(4)(h) (h) If the inspection or reading of mail reveals an attempt to send contraband in or out of an institution or to secure delivery of mail that may not be delivered pursuant to par. (c), the security director may order that mail to or from the inmate or sender shall be opened and read for a reasonable period of time.

DOC 309.04(5) (5) Parcels, packages, and any other incoming or outgoing items other than correspondence that are mailed or delivered to an inmate may be opened for inspection for contraband. If, upon opening, the contents are found to be damaged, the inmate should be notified.

DOC 309.04(6) (6) The department shall dispose of contraband found through inspections conducted pursuant to this section in accordance with s. DOC 303.09 (2).

DOC 309.04(7) (7) For violations of administrative rules or policies and procedures made by institutions relating to mail, mail privileges may be suspended by the security director or adjustment committee.

DOC 309.04(8) (8) If an inmate is alleged to have violated these rules or institution policies and procedures relating to mail, institution staff may write a conduct report which shall be disposed of in accordance with the rules providing for disciplinary procedures for major offenses. For such violation, the department may impose a penalty which may include suspension of mail privileges with a specific person for a specific period, subject to the following:

DOC 309.04(8)(a) (a) An inmate may appeal a suspension of 6 months or less to the warden within 10 days of the imposition.

DOC 309.04(8)(b) (b) An inmate may appeal a suspension of more than 6 months to the warden within 10 days of its imposition and thereafter to the administrator.

DOC 309.04(9) (9) If a member of the public is alleged to have violated these sections or institution policies and procedures relating to mail, the security director shall investigate and decide if such a violation occurred. If such a violation occurred, the security director may suspend mail privileges with a specific person for a specific period. Suspension of mail privileges may be appealed in accordance with sub. (8).

DOC 309.04 History History: Cr. (3) (h) to (j), (4) (c) 8., 10. to 12., renum. and am. (1) and (2) (c), (3) (intro.) to (g), (4) (intro.), (b), (c) (intro.) to 7., (d), (e) 2., (f), (6), (8) (intro.) to (b) from DOC 309.05 (1), (2) (c), (4) (intro.) to (f), (L), (6) (intro.), (b), (c) (intro.) to 7., (d), (e) 2., (f), (8), (10) (intro.) to (b), renum. (2) (a), (b), (d), (4) (a), (c) 9., (e), 1., (g), (h), (5), (7), (9) from DOC 309.05 (2) (a), (b), (d), (6) (a), (c) 9., (e), 1., (g), (h), (7), (9), (11), r. (6) (c) 8. and 9., (12), Register, September, 1998, No. 513, eff. 10-1-98; emerg. am. (4) (c) 8. a. eff. 2/23/01; CR 01-022: am. (4) (c) 8. a., Register August 2001 No. 548, eff. 9-1-01; CR 11-022: am. (4) (e) 2., (6) Register September 2014 No. 705, eff. 1-1-15.

DOC 309.05 DOC 309.05 Publications.

DOC 309.05(1) (1) The department shall facilitate inmate reading of publications, including books, magazines, newspapers, and pamphlets.

DOC 309.05(2) (2) Section DOC 309.04 applies to receipt of publications. In addition, the department shall restrict receipt of publications by inmates as follows:

DOC 309.05(2)(a) (a) Inmates may only receive publications directly from the publisher or other recognized commercial sources in their packages.

DOC 309.05(2)(b) (b) Inmates may not receive publications that:

DOC 309.05(2)(b)1. 1. Teach or advocate violence or hatred and present a danger to institutional security and order.

DOC 309.05(2)(b)2. 2. Teach or advocate behavior that violates the law of the state or the United States or the rules of the department.

DOC 309.05(2)(b)3. 3. Teach or describe the manufacture or use of weapons, explosives, drugs, or intoxicating substances.

DOC 309.05(2)(b)4. 4. Are injurious as defined in s. DOC 309.04 (4) (c) 8.

DOC 309.05(2)(b)5. 5. Teach or describe the manufacture or use of devices that create a substantial danger of physical harm to self or others.

DOC 309.05(2)(c) (c) The department may not prohibit a publication on the basis of its appeal to a particular ethnic, racial, or religious audience or because of the political beliefs expressed therein.

DOC 309.05(3) (3) If a publication is not delivered pursuant to sub. (2), the department shall notify the inmate and the sender. The inmate may appeal the decision to the warden within 10 days of the decision.

DOC 309.05 History History: Renum. and am. (1), (2), (3) from DOC 309.06 (1), (2), (3), Register, September, 1998, No. 513, eff. 10-1-98.

DOC 309.06 DOC 309.06 Visitation. The department shall administer a visitation program which regulates visitation of inmates by family members, friends, and others consistent with resources available, the department’s responsibility for the secure and orderly operation of institutions, public safety, and the protection of visitors, staff and inmates.

DOC 309.06 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 309.07 DOC 309.07 Conduct during visits. Visitors and inmates shall obey the administrative rules and institution policies and procedures regarding visitation.

DOC 309.07 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 309.08 DOC 309.08 Visiting list.

DOC 309.08(1) (1) Each inmate shall have an approved visitor’s list.

DOC 309.08(1)(a) (a) Except as otherwise provided under this section, the warden shall only permit visitors on the inmate’s approved list to visit the inmate. Except as provided under par. (c), the warden shall only permit each inmate 12 adult visitors on the visiting list.

DOC 309.08(1)(b) (b) Children of the inmate and children of approved visitors who have not attained their 18th birthday may visit and the warden shall not count them against the 12 visitors permitted. In order to be permitted to visit an inmate, children shall have written approval of a non-incarcerated custodial parent or legal guardian, or have a court order directing the visit, and their names must appear on the approved visitors list.

DOC 309.08(1)(c) (c) The warden may approve more than 12 visitors on the visiting list if the first 12 visitors on the visiting list are close family members.

DOC 309.08(1)(d) (d) The institution may require inmates to provide accurate and complete information regarding proposed visitors, including, but not limited to, the name and address of the proposed visitor, the inmate’s relationship to the proposed visitor, and date of birth of the proposed visitor.

DOC 309.08(1)(e) (e) The institution may require and utilize information from other sources in determining a proposed visitor’s suitability for visitation.

DOC 309.08(1)(f) (f) An inmate may not make any changes in an inmate’s visiting list for a minimum of 6 months from the date of its original approval or for a minimum of 6 months after each subsequent approval or disapproval determination is made.

DOC 309.08(2) (2) The department shall establish procedures for the formulation and maintenance of visiting lists.

DOC 309.08(3) (3) The warden may place additional limitations or conditions on the visitation of inmates during periods of intensive programming or special placement for an individual inmate or a class of inmates. The additional limitations shall be related to the special programs or placements for security or program reasons. Limitations may include the number of visits or visitors and time or duration of visits. Conditions may include no contact visits or visitation provided by technological means not requiring direct personal contact, such as video connections.

DOC 309.08(4) (4) The warden shall determine whether a person may be approved for visiting, including no-contact visiting, or removed from a visiting list based on the following:

DOC 309.08(4)(a) (a) The requesting inmate has provided falsified, incorrect, or incomplete information.

DOC 309.08(4)(b) (b) The proposed visitor has provided falsified, incorrect, or incomplete information.

DOC 309.08(4)(c) (c) There is no signed and dated approval of a non-incarcerated custodial parent or legal guardian for a proposed visitor less than 18 years of age or there is no court order directing the visit.

DOC 309.08(4)(d) (d) The warden has reasonable grounds to believe the visitor has attempted to bring contraband into any penal facility, as defined in s. 19.32 (1e), Stats., or that the visitor otherwise poses a threat to the safety and security of visitors, staff, inmates or the institution.

DOC 309.08(4)(e) (e) The warden has reasonable grounds to believe that the inmate’s reintegration into the community or rehabilitation would be hindered.

DOC 309.08(4)(f) (f) The warden has reasonable grounds to believe that the inmate’s offense history indicates there may be a problem with the proposed visitation.

DOC 309.08(4)(g) (g) The warden has reasonable grounds to believe that the proposed visitor may be subjected to victimization.

DOC 309.08(4)(h) (h) The proposed visitor has been incarcerated within the last twelve months.

DOC 309.08(4)(i) (i) A visitor was approved for visiting by mistake or based on inadequate information.

DOC 309.08(4)(j) (j) The proposed visitor is a current or former employee, volunteer, contract agent or similarly situated individual within the past 12 months.

DOC 309.08(5) (5) A custodial parent, or authorized adult who is on the approved list, shall accompany visitors who have not attained their 18th birthday, unless the visitor is the spouse of the inmate.

DOC 309.08(6) (6) If the warden disapproves a proposed visitor or approves a proposed visitor for no-contact visiting only, the warden shall inform the visitor of the reasons for the action in writing. The proposed visitor may appeal this decision in writing to the warden. An inmate may appeal this decision through the inmate complaint review system.

DOC 309.08(7) (7) The warden may permit occasional visits by people not on an inmate’s visiting list. The warden may require notification in advance of such a visit.

DOC 309.08 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 309.09 DOC 309.09 Regulation of visits for inmates.

DOC 309.09(1) (1) The department shall establish policies and procedures governing visitation in prisons. Each institution shall establish written policies and procedures regarding visitation and shall make them available to inmates and visitors at each institution.

DOC 309.09(2) (2) Each institution shall establish a visitation schedule consistent with other institution activities and available resources.

DOC 309.09(3) (3) Each institution shall permit each inmate in the general population the opportunity for visitation at least 9 hours per week according to the visitation schedule established under sub. (2).

DOC 309.09(4) (4) Each institution shall permit each inmate in a segregated status the opportunity for visitation at least 1 hour per week with the exception of controlled segregation and observation, which require the approval of the warden.

DOC 309.09(5) (5) Institutions shall require visitors to provide identification before permitting the visit.

DOC 309.09(6) (6) Institutions may limit visitation for inmates in segregation by issuing restrictions concerning minor visitors, number of visitors, hours and location of visits, or if the warden determines that the visit poses a threat to the proposed visitor, staff or inmates.

DOC 309.09 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 309.10 DOC 309.10 Special visits.

DOC 309.10(1) (1) Public officials, elected tribal officials, tribal judges, and members of private and public organizations who provide services to inmates may visit institutions with the approval of the warden. These visitors shall make arrangements for all such visits in advance with the warden to minimize interference with normal operations and activities. The warden may limit the duration of such visits for security reasons. A person who has not attained the age of 18 may not participate in any group visit except with the approval of the warden, unless the person is a family member on the inmate’s approved visitor list.

DOC 309.10(2) (2) The warden shall permit attorneys, attorney aides, and law students to visit their inmate clients to provide professional services during institution business hours on weekdays. The warden shall permit pastoral visits during institution business hours on weekdays. The warden shall not count these persons against the allowable number of visitors or hours of visits of the inmate. The warden may require advance notice of these visits. The warden may approve visits of this type outside institution business hours in emergencies.

DOC 309.10 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; 2017 Wis. Act 59: am. (1) Register October 2017 No. 742, eff. 11-1-17.

DOC 309.11 DOC 309.11 No-contact visiting.

DOC 309.11(1) (1) 

DOC 309.11(1)(a) (a) The warden may impose no-contact visiting in response to an initial application to visit or upon subsequent review of the visiting status of an inmate or visitor. In making such determination, the warden shall consider the criteria in s. DOC 309.08 (4). After a period of one year the inmate or visitor may request review of the conditions of visiting.

DOC 309.11(1)(b) (b) If the warden imposes no-contact visiting on an inmate, the warden may apply no-contact visiting to all visitors of the inmate.

DOC 309.11(1)(c) (c) If the warden imposes no-contact visiting on a visitor, the warden may apply no contact visiting to all visits of the visitor, and may recommend to the administrator the no-contact visits be imposed at all other institutions. The administrator may approve the recommendation.

DOC 309.11(2) (2) The security director may impose no contact visiting if:

DOC 309.11(2)(a) (a) The security director finds that an inmate or visitor has introduced contraband into any institution or engaged in other behavior that threatens security or interferes with the rights of others.

DOC 309.11(2)(b) (b) An inmate is in temporary lockup, observation, voluntary confinement, adjustment segregation, program segregation, controlled segregation, disciplinary separation, or administrative confinement.

DOC 309.11(3) (3) 

DOC 309.11(3)(a) (a) If staff allege an inmate has violated visitation rules or institution policies or procedures relating to visitation, staff shall write and dispose of a conduct report in accordance with the rules providing for disciplinary procedures. For a visiting violation, staff may impose any penalty provided in the disciplinary rules.

DOC 309.11(3)(b) (b) In addition to any penalty imposed in par. (a), for a visiting violation the security director may impose no-contact visiting for up to one year, and the inmate may appeal this to the warden.

DOC 309.11(3)(c) (c) In addition to any penalty imposed in par. (a), for a visiting violation, the warden may impose no-contact visiting for more than one year, and the inmate may appeal this to the administrator.

DOC 309.11(4) (4) If staff allege a visitor has violated visitation rules or institution policies and procedures relating to visitation, the security director shall investigate and decide if a violation occurred. If the security director determines a violation occurred, the security director may impose no-contact visiting restrictions on that visitor. The visitor may appeal the no-contact visiting restrictions in accordance with sub. (3). The warden shall inform the visitor and inmate of the restriction promptly in writing and the reasons for it.

DOC 309.11 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.