Chapter DOC 309

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;

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.