Chapter DOC 309

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;

DOC 309.365(5)(e)7. 7. Whether a staff member’s presence is required at group meetings and activities;

DOC 309.365(5)(e)8. 8. Whether the group is required to provide the superintendent with an agenda prior to meetings, minutes of its meetings, and a list of inmates and other persons who attend its meetings; and

DOC 309.365(5)(e)9. 9. Whether the group is required to provide the superintendent with an up-to-date list of group members.

DOC 309.365(6) (6) Institutional policies. Each superintendent shall establish written policies which cover:

DOC 309.365(6)(a) (a) Money-making activities by groups;

DOC 309.365(6)(b) (b) Group membership dues;

DOC 309.365(6)(c) (c) Group activities off-grounds;

DOC 309.365(6)(d) (d) The responsibilities of staff advisors to groups; and

DOC 309.365(6)(e) (e) Fiscal responsibility requirements of groups.

DOC 309.365(7) (7) Withdrawal of approval.

DOC 309.365(7)(a) (a) A superintendent may withdraw approval of an activity group if he or she has reasonable grounds to believe that:

DOC 309.365(7)(a)1. 1. The group has created a disturbance as defined in s. DOC 306.22;

DOC 309.365(7)(a)2. 2. The group poses a threat to the order and security of the institution;

DOC 309.365(7)(a)3. 3. The group has developed a purpose or practice outside the scope of its original charter, constitution or by-laws;

DOC 309.365(7)(a)4. 4. The group’s purposes and activities no longer provide benefits to inmates which, on balance, warrant the staff time and institution resources which must be allocated to the group; or

DOC 309.365(7)(a)5. 5. The group has violated a statute, administrative rule or institutional policy or procedure.

DOC 309.365(7)(b) (b) The superintendent shall notify the activity group in writing of the withdrawal of approval and of the reasons for the withdrawal.

DOC 309.365 History History: Emerg. cr. eff. 12-5-86; cr. Register, June, 1987, No. 378, eff. 7-1-87; CR 11-022: am. (5) (c) 2. Register September 2014 No. 705, eff. 1-1-15.

DOC 309.39 DOC 309.39 Inmate telephone calls.

DOC 309.39(1) (1) The department shall encourage communication between an inmate and an inmate’s family, friends, government officials, courts, and people concerned with the welfare of the inmate. Communication fosters reintegration into the community and the maintenance of family ties. It helps to motivate the inmate and thus contributes to morale and to the security of the inmate and staff. A telephone shall be used in a lawful manner.

DOC 309.39(2) (2) 

DOC 309.39(2)(a) (a) The warden shall establish facilities for inmate telephone use.

DOC 309.39(2)(b) (b) An inmate who wishes to use an institution telephone shall use a telephone provided for inmate telephone calls, shall comply with these rules, and shall comply with institution policies and procedures established under sub. (10).

DOC 309.39(2)(c) (c) An inmate may be permitted to phone individuals of the inmate’s choice who are on the approved visiting list as provided under s. DOC 309.12 and others as provided in this chapter.

DOC 309.39(2)(d) (d) An inmate may make a properly placed telephone call to an attorney. For the purposes of this section, “properly placed” means an inmate telephone call to an attorney placed in compliance with this section, these rules, and the procedures of the institution.

DOC 309.39(3) (3) Each inmate shall be permitted to make a minimum of one telephone call per month. Where resources permit, more than one telephone call may be allowed and is encouraged.

DOC 309.39(3)(a) (a) Telephone calls not made during the month may not be banked for use at a later date.

DOC 309.39(3)(b) (b) The inmate may be prohibited from calling if in segregated status, but may be permitted to make calls under s. DOC 309.405 or 309.41 (2).

DOC 309.39(4) (4) All calls shall be made collect unless payment from the inmate’s general account is approved. Third party billing or electronic transfer of an inmate’s call to a third party is not permitted. The inmate is responsible for any misuse of the telephone subject to this section and the policies and procedures established by the administrator of the division of adult institutions or by the warden, relating to the use of telephones. The warden shall refer an incident of unlawful telephone use by an inmate to appropriate law enforcement authority.

DOC 309.39(5) (5) Calls shall not exceed 6 minutes in duration, without permission.

DOC 309.39(6) (6) A corrections officer or supervisor may do all of the following:

DOC 309.39(6)(a) (a) Monitor and record an inmate’s phone call. A corrections officer or supervisor may not knowingly monitor or record a properly placed telephone call to an attorney. For the purpose of this paragraph, “knowingly” means that the corrections officer or supervisor is aware that the inmate has obtained approval from the appropriate staff member for the telephone call to an attorney or the telephone number which the inmate calls is the inmate’s attorney telephone number or that during a monitored telephone conversation the corrections officer or supervisor becomes aware that the call is a telephone call to an attorney. For the purpose of this paragraph, “attorney” means the inmate’s lawyer of record or an attorney with whom the inmate has a client-attorney relationship or an attorney with whom the inmate seeks to establish a client-attorney relationship. A telephone call to an attorney which is recorded under this section shall be considered privileged to the extent provided under s. 905.03, Stats., and shall not be disclosable under s. 19.35, Stats. Upon learning that a telephone call to an attorney was monitored or recorded, the warden of the institution which monitored or recorded the telephone call shall notify the pertinent inmate and the attorney that the telephone call was monitored or recorded.

DOC 309.39(6)(b) (b) Record the date, time, destination, number, duration of a call, and the conversation.

DOC 309.39(6)(c) (c) Disclose the contents of a recording of an inmate’s telephone conversation to any of the following:

DOC 309.39(6)(c)1. 1. A member of the adjustment committee.

DOC 309.39(6)(c)2. 2. The director of the office of offender classification.

DOC 309.39(6)(c)3. 3. The warden.

DOC 309.39(6)(c)4. 4. The administrator of the division of adult institutions.

DOC 309.39(6)(c)5. 5. The secretary of the department of corrections.

DOC 309.39(6)(c)6. 6. An investigative officer.

DOC 309.39(6)(c)7. 7. A law enforcement officer.

DOC 309.39(6)(d) (d) Use the contents of a recording of an inmate’s telephone conversation for any of the following reasons:

DOC 309.39(6)(d)1. 1. For disciplinary purposes.

DOC 309.39(6)(d)2. 2. In deciding placement or transfer of an inmate.

DOC 309.39(6)(d)3. 3. For investigations of an inmate’s plans to escape.

DOC 309.39(6)(d)4. 4. For investigations of threats to the security of the correctional facility.

DOC 309.39(6)(d)5. 5. For investigations of threats to the safety, health or welfare of employees, the public, and other inmates.

DOC 309.39(6)(d)6. 6. For investigations of threats against witnesses.

DOC 309.39(6)(d)7. 7. For investigations of trafficking of drugs or other contraband.

DOC 309.39(6)(d)8. 8. For investigations of any illegal activity.

DOC 309.39(6)(d)9. 9. As evidence in administrative and judicial proceedings.

DOC 309.39(7) (7) A corrections officer or supervisor may use a recording of an inmate telephone call only for the purposes stated in sub. (6) (d).

DOC 309.39(8) (8) During assessment and evaluation an inmate shall be given a notice written in English and Spanish which informs the inmate of the monitoring and recording of any calls. A non-English or non-Spanish speaking inmate shall be provided notice written in the inmate’s native language or, if the notice can not be translated, provided orally in the inmate’s native language. The inmate shall sign a receipt for the notice or the institution staff member shall note in writing the inmate’s receipt of the notice if the inmate declines to sign the receipt.

DOC 309.39(9) (9) A written notice in English and Spanish shall be posted on the telephone or near enough to the telephone used by an inmate that the inmate will be able to read the notice when the inmate uses the telephone. The notice shall inform the inmate that a call other than a properly approved call to an attorney shall be monitored and recorded and that the use of the telephone constitutes consent to the monitoring and recording.

DOC 309.39(10) (10) In order to preserve the security and orderly management of the institution and to protect the public, the warden may establish policy or procedures subject to the approval of the administrator relating to the use of telephones.

DOC 309.39 History History: Cr. Register, October, 1981. No. 310, eff. 11-1-81; am. (1) and (4), r. and recr. (2), cr. (6) to (10), Register, September, 1995, No. 477, eff. 10-1-95; renum. from DOC 309.56, Register, September, 1998, No. 513, eff. 10-1-98.