Chapter DOC 309

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.

DOC 309.12 DOC 309.12 Revocation, suspension, and termination of visiting privileges.

DOC 309.12(1) (1) In this section:

DOC 309.12(1)(a) (a) “Revoke” means to remove visiting privileges based upon new information or changed circumstances that affects visiting approval.

DOC 309.12(1)(b) (b) “Suspend” means to restrict the visits of an inmate by a specific visitor for a specific period of time due to an investigation or review process because of an alleged violation of visitation rules, policies and regulations.

DOC 309.12(1)(c) (c) “Terminate” means the stopping of a visit in progress, usually based on an alleged violation of visitation rules, policies and regulations during the visit.

DOC 309.12(2) (2) A supervisor may terminate a visit, and the warden or security director may suspend or revoke visiting privileges.

DOC 309.12(3) (3) If staff allege an inmate has violated visitation rules, policies or procedures during a visit, staff shall write and dispose of a conduct report in accordance with the rules provided for in disciplinary procedures. In addition to any disciplinary penalty, the warden or security director may suspend or revoke visiting privileges, and a supervisor may terminate a visit.

DOC 309.12(4) (4) If staff allege a visitor has violated these sections or institution policies and procedures relating to visits, the security director shall investigate and decide if such a violation occurred. If the security director determines that such a violation occurred, the security director may suspend visiting privileges with that visitor. The visitor may appeal the suspension of visiting privileges in accordance with sub. (2). The security director shall inform the visitor and inmate of the suspension promptly in writing and the reasons for it.

DOC 309.12 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 309.13 DOC 309.13 Special events. Special events may be held in correctional institutions subject to the approval and regulation of the warden.

DOC 309.13 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 309.155 DOC 309.155 Legal services.

DOC 309.155(1) (1) Policy. It is the policy of the department to permit inmates reasonable access to the judicial process and to legal materials, and to afford a reasonable opportunity to prepare legal documents. Such access serves important rehabilitative goals and ensures effective procedures for raising and resolving complaints about institution practices and policies.

DOC 309.155(2) (2) Access to courts. Inmates shall have access to courts and administrative agencies. Inmates’ decisions to seek judicial or administrative relief shall not adversely affect their program, security classification or assignment to an institution.

DOC 309.155(3) (3) Access to legal materials. Each institution, except correctional centers and the Wisconsin resource center, shall maintain a law library and make legal materials available to inmates at reasonable times and for reasonable periods. Special provisions shall be made to provide access to legal materials for inmates with a special legal need and for inmates with a special need, such as illiteracy. The department may employ the use of current technology in providing access to legal materials.

DOC 309.155(4) (4) Access to legal assistance. The department shall make reasonable efforts to ensure that adequate legal services are available to indigent inmates. These legal services need not be provided directly by the department, but may be provided by outside agencies. The legal services by these agencies may include services provided by lawyers, law students and aides supervised by lawyers and paraprofessionals.

DOC 309.155(5) (5) Inmate to inmate legal services. Inmates may provide legal services to other inmates except that institutions may regulate the time and place of such legal services. Compensation of any kind for the provisions of such inmate to inmate legal services is prohibited. The department is not responsible for legal materials not provided by the department that are given to other inmates.

DOC 309.155 History History: Cr. Register, January, 2000, No. 529, eff. 2-1-00.

DOC 309.20 DOC 309.20 Personal property.

DOC 309.20(1) (1) Policy. The department shall permit inmates to have personal property in their possession in an institution subject to this section and the policies and procedures established under this section by the administrator or by the warden, relating to the acquisition, possession, use and disposal of inmate property.

DOC 309.20(2) (2) Inventory. Each institution shall monitor and control authorized property in an inmate’s possession. A written inventory shall be maintained of all authorized personal property in an inmate’s possession. An inmate is responsible for notifying the institution property department immediately if a discrepancy exists between the inventory and the property in the inmate’s possession.