Chapter DOC 309

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:

DOC 309.20(6)(a) (a) Items of personal property may not exceed the size limitations under sub. (3) (d) through (f). Property in excess of these limitations shall be disposed of in accordance with sub. (4).

DOC 309.20(6)(b) (b) For the purposes of transportation, an inmate’s legal materials shall fit in a receptacle which is no larger than 20″ x 20″ x 20″ or 8000 cubic inches. Commercial carrier shall ship materials in excess of this amount at the inmate’s expense. The warden may authorize payment of shipping costs for excess materials if the inmate can establish indigence in accordance with s. DOC 309.36.

DOC 309.20(7) (7) Contraband. The institution shall consider items not permitted at an institution or permitted but not on an inmate’s property list under sub. (2) contraband and subject the items to seizure and disposition under s. DOC 303.09 (2). The institution may subject an inmate to discipline for possessing contraband under ss. DOC 303.42 through 303.49.

DOC 309.20 History History: Renum. from DOC 309.35, am. (1), (3), (b) (intro.), 1., 2., (c), (f), (4) (intro.), (a) 4., (b) 1., (c) (intro.), (d) 1., 4., (6) (b) and (7), Register, September, 1998, No. 513, eff. 10-1-98; correction in (4) (a) 4. made under s. 13.93 (2m) (b) 7., Stats., Register August 2001 No. 548; CR 11-022: am. (4) (a) 5., (c) 3., (d) 2., (7) Register September 2014 No. 705, eff. 1-1-15: EmR2307: emerg. am. (5), eff. 5-3-23; CR 23-029: am. (5) Register February 2024 No. 818, eff. 3-1-24.

DOC 309.23 DOC 309.23 Food.

DOC 309.23(1) (1) The department shall provide nutritious and quality food for all inmates. Menus shall satisfy generally accepted nutritional standards. The sanitation requirements set by the warden at each institution shall be in writing and shall also be satisfied.

DOC 309.23(2) (2) Each institution shall make written policies regulating eating outside the dining area. Institutions may forbid taking certain foods into or out of the dining area and living quarters.

DOC 309.23(3) (3) The menu for each institution shall be posted once a week for the following week. However, menus may be subject to change.

DOC 309.23(4) (4) Consistent with available resources, inmates who require a modified diet for medical reasons shall be provided with such a modified diet.

DOC 309.23(5) (5) An inmate may abstain from any foods that violate the inmate’s religion. Consistent with available resources, staff shall provide a substitute from other available foods from the menu at that meal. The substitution shall be consistent with sub. (1).

DOC 309.23 History History: Cr. Register, October, 1981, No. 310, eff. 11-1-81; renum. from DOC 309.37 and am., Register, November, 1997, No. 503, eff. 12-1-97.

DOC 309.24 DOC 309.24 Personal hygiene.

DOC 309.24(1) (1) Each institution shall enforce the maintenance of good personal hygiene standards for its inmates. Personal cleanliness shall be the responsibility of each inmate. Adequate facilities shall be provided for this purpose.

DOC 309.24(2) (2) Institutions shall provide a minimum of 2 bathing periods per week for each inmate. Clean undergarments, shirts, and stockings shall be allowed for or provided at least twice each week. Inmates whose work or other activity makes it desirable shall be allowed more frequent bathing and changes of clothing.

DOC 309.24(3) (3) Grooming shall be regulated as follows:

DOC 309.24(3)(a) (a) Specific policies and procedures for hairdressing, use of cosmetics, and personal hygiene shall be made by the division of adult institutions.

DOC 309.24(3)(b) (b) The department has the authority to regulate the length of hair, mustaches, and beards based upon institution health and safety concerns.

DOC 309.24(3)(c) (c) Inmates assigned to food preparation and serving areas shall be required to wear hairnets or other suitable hair covering.

DOC 309.24(3)(d) (d) Inmates performing work assignments that may reasonably be considered to be hazardous shall maintain suitably cropped hair or wear protective appliances or headgear for safety purposes.

DOC 309.24(3)(e) (e) The length of an inmate’s fingernails may not exceed the end of the inmate’s fingertips.

DOC 309.24(3)(f) (f) Use of hair pins, barrettes, or curlers are permitted under such policies and procedures established by the warden. These policies and procedures shall be in writing.

DOC 309.24(3)(g) (g) An institution may require new identification photographs of any inmate whose appearance changes.

DOC 309.24 History History: Cr. Register, October, 1981, No. 310, eff. 11-1-81; renum. from DOC 309.38 and am. (3) (d) and (f), cr. (3) (b), (e) and (g), Register, November, 1997, No. 503, eff. 12-1-97.

DOC 309.245 DOC 309.245 Maintaining orderly and clean living quarters.

DOC 309.245(1) (1) An inmate shall keep assigned quarters neat and clean. Institution staff shall make necessary cleaning materials available to the inmate for this purpose.

DOC 309.245(2) (2) Bed sheets, pillow cases, and towels shall be changed at least once a week. Each inmate shall be provided with a standard issue of blankets and similar items necessary for physical comfort. The inmate shall take proper care of these items.

DOC 309.245(3) (3) The warden may establish other appropriate specific policies and procedures to ensure the maintenance of clean quarters to maintain institution health and safety. These policies and procedures shall be in writing.

DOC 309.245 History History: Cr. Register, November, 1997, No. 503, eff. 12-1-97; renum. from s. DOC 309.255 under s. 13.93 (2m) (b) 1., Stats., Register, January, 2000, No. 529, eff. 2-1-00.

DOC 309.36 DOC 309.36 Leisure time activities.

DOC 309.36(1) (1) The department shall provide as much leisure time activity as possible for inmates, consistent with available resources and scheduled programs and work. Leisure time activity is free time outside the cell or room during which the inmate may be involved in activities such as recreational reading, sports, film and television viewing, and handicrafts.

DOC 309.36(2) (2) Each institution shall permit inmates to participate in leisure time activities for at least 4 hours per week. Institutions with the facilities to permit more leisure time activity should do so.

DOC 309.36 History History: Cr. Register, October, 1981, No. 310, eff. 11-1-81.

DOC 309.365 DOC 309.365 Inmate activity groups.

DOC 309.365(1) (1) Definitions. In this section:

DOC 309.365(1)(a) (a) “Activity group” means a group of inmates organized to promote educational, social, cultural, religious, recreational or other lawful leisure time activities.

DOC 309.365(1)(b) (b) “Inmate union” means an organization of inmates formed for the sole purpose of serving the inmates’ collective interest with respect to conditions of confinement issues such as inmate wages, working conditions, housing conditions, programming and services.

DOC 309.365(2) (2) Approval required.

DOC 309.365(2)(a) (a) With the exception of organizational activities approved by the superintendent under sub. (3), no group of inmates may refer to itself by a collective name, conduct meetings or engage in any organized activity which promotes identification with a particular group unless the group has been approved by the superintendent under sub. (5).

DOC 309.365(2)(b) (b) With the exception of organizational activities approved by the superintendent under sub. (3), no individual inmate or other person from inside or outside the institution may attempt to carry out organized activities within an institution which promote identification with a particular group unless the group has been approved under sub. (5).

DOC 309.365(3) (3) Approval of organizational activities. A group of inmates or an inmate on behalf of a group may submit a written request to the superintendent for permission to engage in organizational activities necessary to formulate a request for approval as an activity group under sub. (4). The request submitted under this subsection shall state the objectives and proposed activities of the proposed activity group and the activities necessary to formulate a request for approval under sub. (4). Using the criteria listed in sub. (5) (b) 1., the superintendent shall determine within 14 calendar days after receipt of the request whether to permit the requested organizational activities.

DOC 309.365(4) (4) Requests for approval. A group of inmates or an inmate on behalf of a group may submit a written request to the superintendent for approval as an activity group. The request shall include:

DOC 309.365(4)(a) (a) The name of the group;

DOC 309.365(4)(b) (b) The group’s mailing address and phone number, if other than that of the institution;

DOC 309.365(4)(c) (c) The names of the group’s officers;

DOC 309.365(4)(d) (d) The group’s objectives and proposed activities;

DOC 309.365(4)(e) (e) The inmate population the group intends to include;

DOC 309.365(4)(f) (f) The group’s charter, constitution or by-laws, or all 3 documents;

DOC 309.365(4)(g) (g) The institutional services and resources, such as staff time or meeting rooms, needed for the group’s activities; and

DOC 309.365(4)(h) (h) The anticipated length and frequency of group meetings or activities.

DOC 309.365(5) (5) Criteria for approval of groups.

DOC 309.365(5)(a) (a) The decision to approve a group as an activity group rests solely with the superintendent.

DOC 309.365(5)(b) (b) In determining whether to approve a group, the superintendent shall:

DOC 309.365(5)(b)1. 1. Consider whether the objectives of the group promote educational, social, cultural, religious, recreational or other lawful leisure time interests of the inmates who will participate in the group’s activities;

DOC 309.365(5)(b)2. 2. Consider whether the proposed activities can be accommodated within the available resources of the institution;

DOC 309.365(5)(b)3. 3. Balance the benefits of the group’s activities and services against the necessary allocation of staff time and institution resources to the group. The consideration of the group’s benefits to inmates is subject to s. DOC 309.61 (1) (a).

DOC 309.365(5)(b)4. 4. Consider whether the activities, services or benefits offered by the group are adequately provided by existing programs, groups or resources readily available to the inmate population.

DOC 309.365(5)(c) (c) The superintendent may not approve:

DOC 309.365(5)(c)1. 1. An inmate union; or

DOC 309.365(5)(c)2. 2. A group that he or she has reasonable grounds to believe is a security threat group, as defined in s. DOC 303.02 (30).

DOC 309.365(5)(d) (d) The superintendent shall approve or disapprove a request submitted under sub. (4) within 14 calendar days after receipt of the request.

DOC 309.365(5)(e) (e) If the superintendent approves an activity group, he or she shall specify in writing:

DOC 309.365(5)(e)1. 1. The types of activities the group may undertake;

DOC 309.365(5)(e)2. 2. The times at which the group may hold its meetings and activities;

DOC 309.365(5)(e)3. 3. The places where the group may hold its meetings and activities;

DOC 309.365(5)(e)4. 4. The maximum number of members of the group;

DOC 309.365(5)(e)5. 5. Whether persons from outside the institution may participate in the group’s meetings or activities, and the maximum number of those persons permitted;

DOC 309.365(5)(e)6. 6. The name of the staff member assigned as advisor to the group;