Chapter DOC 309

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).

DOC 309.49(4)(b) (b) Twenty-five dollars or less to the inmate’s one close family member once every 30 days. Such disbursements do not require approval by the superintendent.

DOC 309.49(4)(c) (c) To deposit in an interest bearing account established in the inmate’s name at a bank designated by the department. All interest shall accrue to the inmate. Such disbursements do not require approval by the superintendent.

DOC 309.49(4)(d) (d) To purchase United States savings bonds. Bonds purchased for others are subject to the limitations under par. (b). Bonds purchased shall be retained by the institution business manager until redeemed or until the inmate’s release. Any redemption money shall be returned to the general account. Such disbursements do not require approval by the superintendent.

DOC 309.49(4)(e) (e) To pay creditors’ claims acknowledged in writing by the inmate and claims reduced to judgment. Such disbursements require approval by the superintendent. If necessary, the claims may be verified.

DOC 309.49(4)(f) (f) To pay costs of temporary release under ch. DOC 325 and leave for qualified inmates under ch. DOC 326. Such disbursements do not require approval by the superintendent.

DOC 309.49(4m) (4m) An inmate may request that the institution business office disburse release account funds. The institution business office shall disburse release account funds only for reasons consistent with the purposes under s. DOC 309.466 or subject to a lawful court order.

DOC 309.49(5) (5) Before releasing an inmate to field supervision, the releasing institution shall inform the parole agent of the balances in the inmate’s general account, release account under s. DOC 309.466 and segregated account, if any, under s. DOC 309.50. The agent shall instruct the institution business manager as to where these balances shall be transferred. Following release, the former inmate may use funds formerly held in his or her institution accounts only with the approval of the agent. When the client is discharged from field supervision, any remaining funds from these accounts shall be paid to the client.

DOC 309.49(6) (6) Inmates may not open charge accounts or possess charge cards.

DOC 309.49 History History: Cr. Register, October, 1981, No. 310, eff. 11-1-81; emerg. r. (5), eff. 5-15-86; r. and recr. (5), September, 1986, No. 369, eff. 10-1-86; EmR0920: emerg. am. (title), cr. (4m), eff. 9-10-09; CR 09-075: am. (title), cr. (4m) Register March 2010 No. 651, eff. 4-1-10.

DOC 309.495 DOC 309.495 Transportation for inmates upon release. The department shall arrange for the transportation of an inmate released from an institution to the inmate’s release placement location in the state, or shall give the inmate the means to procure transportation to that location.

DOC 309.495 History History: Emerg. cr. eff. 5-15-86; cr. Register, September, 1986, No. 369, eff. 10-1-86.

DOC 309.50 DOC 309.50 Segregated account funds.

DOC 309.50(1) (1) Funds received for inmates on work or study release shall be credited to a segregated account.

DOC 309.50(2) (2) Collection and disbursement of funds received under sub. (1) shall be governed under ch. DOC 324.

DOC 309.50(3) (3) Funds received by inmates for enrollment in programs within the institution and funded by the institution shall be placed in a segregated account. Inmates shall be required to pay the costs of tuition and books from these funds. If an inmate refuses to do so, it may be grounds for removal from a program.

DOC 309.50 History History: Cr. Register, October, 1981, No. 310, eff. 11-1-81.

DOC 309.51 DOC 309.51 Funds for legal correspondence and copying.

DOC 309.51(1) (1) Correspondence to courts, attorneys, parties in litigation, the inmate complaint review system under ch. DOC 310 or the parole board may not be denied due to lack of funds, except as limited in this subsection. Inmates without sufficient funds in their general account to pay for paper, photocopy work, or postage may receive a loan from the institution where they reside. No inmate may receive more than $200 annually under this subsection, except that any amount of the debt the inmate repays during the year may be advanced to the inmate again without counting against the $200 loan limit. The $200 loan limit may be exceeded with the superintendent’s approval if the inmate demonstrates an extraordinary need, such as a court order requiring submission of specified documents. The institution shall charge any amount advanced under this subsection to the inmate’s general account for future repayment. An inmate may be permitted to retain in the inmate’s general account an amount of money specified, in writing, by the bureau of adult institutions that is not subject to repayment of the loan.

DOC 309.51(2) (2) The costs to inmates of engaging in correspondence described in sub. (1) may not exceed the following:

DOC 309.51(2)(a) (a) Fifteen cents per page of photocopy; and

DOC 309.51(2)(b) (b) Two cents per sheet of paper.

DOC 309.51 History History: Cr. Register, October, 1981, No. 310, eff. 11-1-81; am. (1), r. and recr. (2), Register, December, 1989, No. 408, eff. 1-1-90.

DOC 309.52 DOC 309.52 Canteen.

DOC 309.52(1) (1) 

DOC 309.52(1)(a) (a) Each institution shall maintain a canteen accessible directly or indirectly to inmates to facilitate purchase of property approved under s. DOC 309.20. Institution staff may consult with the inmate population in selecting canteen stock.

DOC 309.52(1)(b) (b) The division of adult institutions shall establish, in writing, a maximum allowable amount of money that may be spent during a specified period of time. The division should adjust this amount periodically to reflect the impact of inflation on purchasing power.

DOC 309.52(1)(c) (c) A current list of approved and available merchandise, giving the price of each item, shall be conspicuously posted at each canteen. Copies shall be made available to inmates who do not have direct access to the canteen.