Chapter DOC 309

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.

DOC 309.40 DOC 309.40 Clothing.

DOC 309.40(1) (1) Each inmate shall be provided with adequate clothing. Inmates are required to maintain this clothing in good condition. Worn clothing shall be exchanged.

DOC 309.40(2) (2) Each institution shall make policies relating to wearing personal clothing. These policies must be approved by the administrator of the division of adult institutions.

DOC 309.40(3) (3) Inmates shall dress in a clean, neat, and appropriate manner.

DOC 309.40 History History: Cr. Register, October, 1981, No. 310, eff. 11-1-81.

DOC 309.405 DOC 309.405 Telephone calls to attorneys.

DOC 309.405(1) (1) Inmates may call attorneys regarding legal matters with the permission of the appropriate staff member. Such calls may be made regardless of the inmate’s security status.

DOC 309.405(2) (2) An inmate’s telephone calls to an attorney are not subject to the maximum limit in number, and an attorney’s name need not be on the inmate’s approved visiting list.

DOC 309.405(3) (3) An inmate’s telephone calls to an attorney shall be made collect unless payments from the inmate’s general account is approved.

DOC 309.405(4) (4) Staff shall give permission for calls to attorneys for the following reasons:

DOC 309.405(4)(a) (a) To allow an inmate to return a call from an attorney.

DOC 309.405(4)(b) (b) When there is a statutory time limit that would be missed and the inmate needs to convey information to the attorney.

DOC 309.405(4)(c) (c) When it appears to staff that a call to an attorney is in the best interest of the inmate.

DOC 309.405(4)(d) (d) When an inmate is unable to write.

DOC 309.405(4)(e) (e) When an emergency exists.

DOC 309.405 History History: Renum. from DOC 309.57 and am. (4) (a) to (d), Register, September, 1998, No. 513, eff. 10-1-98.

DOC 309.41 DOC 309.41 Incoming and emergency calls.

DOC 309.41(1) (1) Because of the difficulty of reaching inmates for incoming calls, a person calling an inmate should be asked to leave a message. The message shall be delivered to the inmate as soon as possible.

DOC 309.41(2) (2) In the case of emergencies, including but not limited to critical illness or death of a close family member of an inmate, a special telephone call may be permitted regardless of the security status of the inmate or the number of calls already made during that month.

DOC 309.41 History History: Renum. from DOC 309.58, Register, September, 1998, No. 513, eff. 10-1-98.

DOC 309.42 DOC 309.42 Calls between inmates.

DOC 309.42(1) (1) The department shall permit an inmate to make telephone calls to the inmate’s spouse, parent, or child committed to another Wisconsin correctional or mental health institution. The department shall permit calls under this section only after prior arrangements through appropriate staff have been made. Calls under this section shall be paid for from the account of the inmate originally requesting the call.

DOC 309.42(2) (2) Calls under this section are subject to the limits under s. DOC 309.39 (3).

DOC 309.42 History History: Renum. from DOC 309.59 and am. (1), Register, September, 1998, No. 513, eff. 10-1-98.

DOC 309.43 DOC 309.43 Procedure for approval.

DOC 309.43(1) (1) Each institution shall make a written policy available to inmates that contains a specific procedure for requesting telephone calls and that sets time limits for the calls. The procedure shall be consistent with this chapter.

DOC 309.43(2) (2) The warden may make exceptions to any limits on inmate calls consistent with the policy of this chapter.

DOC 309.43 History History: Renum. from DOC 309.60 and am. (2), Register, September, 1998, No. 513, eff. 10-1-98.

DOC 309.45 DOC 309.45 Inmate funds and canteen — purpose. The department shall manage inmate funds and permit and forbid spending to achieve the following objectives:

DOC 309.45(1) (1) To promote the eventual successful reintegration of inmates into society through a policy designed to ensure that an inmate will have funds available upon release and can manage them responsibly;

DOC 309.45(2) (2) To prevent the exchange of contraband and victimization within institutions by prohibiting inmates from carrying money and by requiring all inmate funds to be deposited in accounts for the inmate;

DOC 309.45(3) (3) To develop a sense of responsibility on the part of inmates for payment of family financial obligations and debts;

DOC 309.45(4) (4) To permit inmates to obtain personal property in accordance with s. DOC 309.20; and

DOC 309.45(5) (5) To give inmates the opportunity to manage their funds in a manner consistent with ss. DOC 309.45 to 309.52.

DOC 309.45 History History: Cr. Register, October, 1981, No. 310, eff. 11-1-81; emerg. am. (1), eff. 5-15-86; am. Register, September, 1986, No. 369, eff. 10-1-86; correction in (4) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1998, No. 513.

DOC 309.46 DOC 309.46 Deposit of money. All money in any form delivered to any institution for the benefit of an inmate shall be delivered to the institution business manager. The institution business manager shall credit the appropriate account in the name of the inmate in accordance with these sections and ch. DOC 324.

DOC 309.46 History History: Cr. Register, October, 1981, No. 310, eff. 11-1-81.

DOC 309.465 DOC 309.465 Crime victim and witness assistance surcharge. For an inmate who committed a crime on or after October 1, 1983, and who has not paid the crime victim and witness assistance surcharge required under s. 973.045, Stats., upon transfer to the first permanent placement and in all subsequent placements in correctional institutions, the institution business office shall deduct 25% of all income earned by or received for the benefit of the inmate until the surcharge is paid in full. The business office shall forward the funds to the state treasurer to satisfy the surcharge in accordance with s. 973.045, Stats.

DOC 309.465 History History: Emerg. cr. eff. 5-15-86; cr. Register, September, 1986, No. 369, eff. 10-1-86.

DOC 309.466 DOC 309.466 Release account funds.

DOC 309.466(1) (1) Upon transfer of the inmate to the first placement, following initial classification under s. DOC 302.16, and in all subsequent reclassifications under s. DOC 302.17, the institution business office shall deduct 10% of all income earned by or received for the benefit of the inmate, except from work release and study release funds under ch. DOC 324, until $5,000 is accumulated, and shall deposit the funds in a release account in the inmate’s name. The department shall adjust the maximum release account amount every 5 years by multiplying $5,000 by the percentage increase of the Consumer Price Index, as defined in s. 16.004 (8) (e) 1., Stats., from January 1, 2010 to January 1 of the next fifth year [2015, 2020] and adding that amount to $5,000, rounded to the nearest $100 increment. If the Consumer Price Index reflects a percentage decrease, the maximum release account amount will not be reduced but remain the same.

DOC 309.466(2) (2) Prior to release, the department may authorize the disbursement of release account funds for purposes that will aid the inmate’s reintegration into the community or that will reimburse the department for incarceration costs, including legal loans and restitution. Following the inmate’s release, these funds shall be disbursed in accordance with s. DOC 309.49 (5).

DOC 309.466(3) (3) An inmate may request that release account funds be deposited in an interest-bearing account established at a bank designated by the department. Deposits shall be made in accordance with department procedures. All interest earned by these funds shall accrue to the inmate and shall be exempt from release account deductions under sub. (1).

DOC 309.466(4) (4) An inmate may request that general account funds be transferred to his or her release account up to the release account limit established by the department under sub. (1).

DOC 309.466(5) (5) The institution business office shall disburse release account funds in accordance with s. DOC 309.48.

DOC 309.466 History History: Emerg. cr. eff. 5-15-86; cr. Register, September, 1986, No. 369, eff. 10-1-86; EmR0920: emerg. am. (1) and (2), cr. (5), eff. 9-10-09; CR 09-075: am. (1) and (2), cr. (5) Register March 2010 No. 651, eff. 4-1-10; CR 17-026: am. (1), Register June 2018 No. 750 eff. 7-1-18.

DOC 309.47 DOC 309.47 Receipts. Inmates shall be provided with a receipt or monthly statement of transactions involving personal funds and shall receive a periodic statement from an institution savings account containing the inmate’s funds.

DOC 309.47 History History: Cr. Register, October, 1981, No. 310, eff. 11-1-81.

DOC 309.48 DOC 309.48 Procedure for inmate requests for disbursements of inmate account funds. Each institution shall set forth in writing a procedure whereby inmates may request the disbursement of funds. This procedure shall be consistent with ss. DOC 309.45 to 309.52 and shall include the following information:

DOC 309.48(1) (1) How and to whom requests must be made;

DOC 309.48(2) (2) What information requests shall include;

DOC 309.48(3) (3) Who investigates requests;

DOC 309.48(4) (4) Who approves or disapproves requests;

DOC 309.48(5) (5) Notice that the inmate may appeal to the superintendent any decision not made by the superintendent;

DOC 309.48(6) (6) Notice that all decisions shall be in writing, shall state the underlying facts and shall be based on reasons consistent with s. DOC 309.45;

DOC 309.48(7) (7) Time limits for decisions; and

DOC 309.48(8) (8) Notice to the inmate that, if the recipient of funds is receiving government aid, the recipient may have a duty to report receipt of the inmate’s funds.

DOC 309.48 History History: Cr. Register, October, 1981, No. 310, eff. 11-1-81; EmR0920: emerg. am. (title), eff. 9-10-09; CR 09-075: am. (title) Register March 2010 No. 651, eff. 4-1-10.

DOC 309.49 DOC 309.49 Disbursement of inmate account funds.

DOC 309.49(1) (1) General account funds, in excess of the amount specified for canteen, under s. DOC 309.52 (1) (b), shall be disbursed by the institution business manager under sub. (3). All disbursements shall be consistent with the purposes under s. DOC 309.45.

DOC 309.49(2) (2) Inmates may request to have general account funds disbursed for any reason. The procedure for processing inmate requests is required to be written under s. DOC 309.48.

DOC 309.49(3) (3) Requests for disbursement in excess of $25 to more than one close family member and to other persons under sub. (4) (a) may be made only with written permission of the superintendent or designee. All other disbursements are approved or disapproved by the person designated by the institution under s. DOC 309.48 (4).

DOC 309.49(4) (4) The objectives of s. DOC 309.45 may be fulfilled by disbursements of general account funds in excess of the canteen limit including, but not limited to, the following:

DOC 309.49(4)(a) (a) To any source not including sources under par. (b), (c), (d), or (f) only with written permission from the superintendent under sub. (3).