Chapter DOC 309

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.

DOC 309.20(3) (3) Acquisition, possession and use. Each warden shall develop policies and procedures subject to the approval of the administrator, relating to the acquisition, possession and use of the personal property of inmates within the institution, and including the following components:

DOC 309.20(3)(a) (a) A written list of the personal property items permitted at the institution. The list and any changes to it shall be approved by the administrator of the division of adult institutions.

DOC 309.20(3)(b) (b) Permissible methods by which personal property may be acquired by an inmate, including either of the following:

DOC 309.20(3)(b)1. 1. Purchase from institution canteen.

DOC 309.20(3)(b)2. 2. Purchase from approved retail outlets.

DOC 309.20(3)(b)3. 3. Gifts from friends and relatives brought in on visits; or

DOC 309.20(3)(b)4. 4. Other methods approved by the institution.

DOC 309.20(3)(c) (c) An inmate shall store all personal property as specified by each institution. The volume of an inmate’s possession may not exceed the maximums provided under this section.

DOC 309.20(3)(d) (d) All inmate personal property, excluding medically prescribed items, hobby materials, legal materials, electronic equipment, typewriters, fans or other large items, shall fit in a receptacle which is no larger than 32″ x 16″ x 16″ or 8192 cubic inches.

DOC 309.20(3)(e) (e) All inmate hobby materials shall fit in a receptacle which is no larger than 14″ x 14″ x 14″ or 2744 cubic inches, except one oversized item.

DOC 309.20(3)(f) (f) The department shall allow an inmate legal materials which are necessary for that inmate’s legal actions or the actions of another inmate whom the first inmate is assisting. All of an inmate’s legal materials which are kept in the inmate’s cell or room shall fit in a receptacle which is no larger than 20″ x 20″ x 20″ or 8000 cubic inches. A warden may authorize additional storage space on a temporary basis upon demonstrated need in connection with on-going litigation and consistent with fire codes and regulations.

DOC 309.20(3)(g) (g) Repair of inmate property shall be at the inmate’s expense. Loss or damage to property caused by another inmate is not the responsibility of the institution. Repair or replacement of loss or damage caused by institution staff shall be at the expense of the institution. Value of property shall be determined in accordance with sub. (5).

DOC 309.20(4) (4) Disposal. Each warden shall develop policies and procedures subject to the approval of the administrator, relating to the disposal of personal property of inmates within the institution. The department shall provide inmates the option of choosing the method of disposal subject to security concerns. The department shall include the following components:

DOC 309.20(4)(a) (a) Inmates released to discretionary parole, mandatory parole or discharge shall be notified in advance of their release date that the options for disposal of their personal property are as follows:

DOC 309.20(4)(a)1. 1. Property may be taken with the inmate at the time of release.

DOC 309.20(4)(a)2. 2. Property may be sent by commercial carrier on or before the date of release. An inmate shall make arrangements through the institution business office prior to release for this service and payment shall be made from the inmate’s account.

DOC 309.20(4)(a)3. 3. Arrangements may be made in advance for pickup of all property, on or before the date of release, except for necessities which are required by the inmate during the balance of incarceration, and which the inmate can take on the day of release.

DOC 309.20(4)(a)4. 4. Upon an inmate’s release to parole or mandatory release, the department shall disburse funds in the inmate’s account as specified in s. DOC 309.49 (5).

DOC 309.20(4)(a)5. 5. Unclaimed property shall be held for a one year period after the date of release, after which time the property shall be disposed of in accordance with s. DOC 303.09 (2). The institution shall not be responsible for damage due to prolonged storage.

DOC 309.20(4)(b) (b) Upon the escape of any inmate, the institution shall collect all personal property of the inmate as soon as possible, prepare an inventory of such property and place the property in a secure area for safekeeping.

DOC 309.20(4)(b)1. 1. The institution shall hold property and funds of an inmate who has escaped for a period of 30 days after which time the property shall be considered abandoned. The institution shall dispose of the abandoned inmate personal property in accordance with the policies and procedures of the institution. The institution shall not be responsible for damage due to prolonged storage. The institution shall not release property to family members solely at the request of the inmate’s family members.

DOC 309.20(4)(b)2. 2. If an inmate is apprehended and returned to an institution within one year of the date of escape, the inmate’s property stored under this paragraph shall be transferred to the institution of placement by the institution from which the inmate escaped. If an inmate is incarcerated in a prison or jail which is not under the jurisdiction of the department, the property may be transferred upon the written request of the inmate and at the inmate’s expense to the location of the inmate’s confinement.

DOC 309.20(4)(c) (c) Upon the death of an inmate, and satisfactory verification of next of kin, the warden shall:

DOC 309.20(4)(c)1. 1. Approve the disbursement of property and funds to next of kin if the property and funds do not exceed $150.00 in value in accordance with s. 302.14, Stats.

DOC 309.20(4)(c)2. 2. Prepare an affidavit for transfer of property under s. 867.03, Stats., if the property and funds value more than $150.00 and less than $10,000.00. The affidavit shall be signed by the person claiming the property and filed with the institution and the Wisconsin department of revenue prior to transfer of property to the next of kin in accordance with s. 867.03, Stats.

DOC 309.20(4)(c)3. 3. Unclaimed property shall be held for a one year period after the date of death, after which time the property shall be disposed of in accordance with s. DOC 303.09 (2). The institution shall not be responsible for damage due to prolonged storage.

DOC 309.20(4)(d) (d) Inmates who are currently incarcerated shall be notified that the options for disposal of their personal property are as follows:

DOC 309.20(4)(d)1. 1. The department shall, upon notification to the inmate, return to the sender items received at an institution which are not approved. The department shall forward these items by commercial carrier to a person on the inmate’s visiting list at the inmate’s expense, or arrange to have these items picked up by a person on the inmate’s approved visiting list within 30 days. The institution shall immediately dispose of items which are not approved and pose a security concern to the institution. The warden shall dispose of property which cannot be disposed of as provided in this paragraph, at the discretion of the warden.

DOC 309.20(4)(d)2. 2. Items which are contraband shall be disposed of in accordance with s. DOC 303.09 (2).

DOC 309.20(4)(d)3. 3. Inmates shall be given written notice within 10 days of the disposal of any of their personal property.

DOC 309.20(4)(d)4. 4. The department shall permit inmates to sell to other inmates only property items which are specified in policies and procedures established by each warden and subject to approval by the administrator.

DOC 309.20(5) (5) Value of property. The cost of a musical instrument or individual or combination electronic item may not exceed $500.00, excluding taxes and shipping costs. The cost of other items except those which are medically prescribed may not exceed $150.00 for each item, excluding taxes and shipping costs. Personal property shall require a receipt from the merchandise supplier. In case of loss or damage caused by the staff of an institution, the value of an inmate’s personal property shall equal its value at the time of loss or damage, not to exceed its purchase price.

DOC 309.20(6) (6) Transportation of property. The administrator of the division of adult institutions shall develop procedures regulating the transportation of inmate personal property between institutions, subject to the following: