Chapter DOC 309
RESOURCES FOR INMATES
DOC 309.01 Applicability.
DOC 309.03 News media access to inmates.
DOC 309.07 Conduct during visits.
DOC 309.08 Visiting list.
DOC 309.09 Regulation of visits for inmates.
DOC 309.10 Special visits.
DOC 309.11 No-contact visiting.
DOC 309.12 Revocation, suspension, and termination of visiting privileges.
DOC 309.13 Special events.
DOC 309.155 Legal services.
DOC 309.20 Personal property.
DOC 309.24 Personal hygiene.
DOC 309.245 Maintaining orderly and clean living quarters.
DOC 309.36 Leisure time activities.
DOC 309.365 Inmate activity groups.
DOC 309.39 Inmate telephone calls.
DOC 309.405 Telephone calls to attorneys.
DOC 309.41 Incoming and emergency calls.
DOC 309.42 Calls between inmates.
DOC 309.43 Procedure for approval.
DOC 309.45 Inmate funds and canteen — purpose.
DOC 309.46 Deposit of money.
DOC 309.465 Crime victim and witness assistance surcharge.
DOC 309.466 Release account funds.
DOC 309.48 Procedure for inmate requests for disbursements of inmate account funds.
DOC 309.49 Disbursement of inmate account funds.
DOC 309.495 Transportation for inmates upon release.
DOC 309.50 Segregated account funds.
DOC 309.51 Funds for legal correspondence and copying.
DOC 309.61 Religious beliefs and practice.
Ch. DOC 309 Note
Note: Chapter HSS 309 was renumbered chapter DOC 309 and revised under s. 13.93 (2m) (b) 1., 2., 6. and 7., Stats.,
Register, April, 1990, No. 412.
Ch. DOC 309 Note
Note: Several sections in this chapter have explanatory notes. This information can be found in the appendix after the last section.
DOC 309.01
DOC 309.01 Applicability. This chapter applies to the department of corrections, and to all inmates in the legal custody of the department, except for inmates placed by the department in county penal facilities used by the department or other state or federal penal facilities. The department promulgates this rule pursuant to authority conferred by ss.
227.11 (2),
301.02, and
301.03, Stats., and interprets ss.
46.07,
301.32,
302.07,
302.08,
302.12,
303.01, and
303.065, Stats.
DOC 309.01 History
History: Cr.
Register, October, 1981, No. 310, eff. 11-1-81; correction made under s. 13.93 (2m) (b) 7., Stats.,
Register, June, 1987, No. 378; am.
Register, September, 1998, No. 513, eff. 10-1-98; correction made under s. 13.93 (2m) (b) 7., Stats.,
Register, June, 2000, No. 534.
DOC 309.02
DOC 309.02 Definitions. As used in this chapter:
DOC 309.02(1)
(1) “Adjustment committee" means the adjustment committee authorized under the departmental disciplinary rules to impose disciplinary measures for inmate misconduct.
DOC 309.02(2)
(2) “Administrator" means the administrator of the division of adult institutions, department of corrections, or designee.
DOC 309.02(3)
(3) “Clinical services unit supervisor" means the clinical services unit supervisor at an institution, or designee.
DOC 309.02(4)
(4) “Close family member" under ss.
DOC 309.08 and
309.41 to
309.49 means the inmate's natural, adoptive, step, and foster parents; spouse, children, grandparents, grandchildren, or siblings. A parent surrogate is within the definition of parent if an inmate substantiates that a claimed surrogate did in fact act as a parent to the inmate, although the parent surrogate was not an adoptive, foster, or stepparent.
DOC 309.02(6)
(6) “Department" means the department of corrections.
DOC 309.02(7)
(7) “Division" means the department of corrections, division of adult institutions.
DOC 309.02(7m)
(7m) “Features" means the publication contains depictions of nudity on a routine or regular basis or promotes itself based upon depictions of nudity in the case of individual one-time issues. The department will not prohibit a publication solely because it contains nudity that has a medical, educational or anthropological purpose.
DOC 309.02(8)
(8) “General or trust account" means an account established by an institution to receive all funds for the benefit of an inmate.
DOC 309.02(9)
(9) “Human sexual behavior" means the actual or simulated act of any of the following:
DOC 309.02(9)(a)
(a) Sexual intercourse, which means any penetration, however slight, by the penis into the mouth, vagina, or anus of another person, or any penetration by any part of the body or an object into the anus or vagina of another person.
DOC 309.02(9)(g)
(g) Sexual sadism or sexual masochistic abuse including, but not limited to, flagellation, torture, or bondage.
DOC 309.02(10)
(10) “Institution business manager" means the person designated to receive and disburse money and property at each institution or that person's designee.
DOC 309.02(12)
(12) “Mail" means materials such as letters and other items of correspondence processed through the United States postal service and letters and other items of correspondence processed within an institution.
DOC 309.02(14)
(14) “Nudity" for commercially published material means the showing of human male or female genitals or pubic area with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of the areola or nipple, or the depiction of covered male genitals in a discernibly turgid state. “Nudity" for purposes of a personal photograph means the showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of the areola or nipple, or the depiction of covered male genitals in a discernibly turgid state.
DOC 309.02(15)
(15) “Photograph" means an image on film, video tape, or electronic transmission.
DOC 309.02(16)(a)
(a) Any material, other than written material, that depicts any of the following:
DOC 309.02(16)(a)2.
2. Sadomasochistic abuse, including but not limited to flagellation, bondage, brutality to or mutilation or physical torture of a human being.
DOC 309.02(16)(a)4.
4. Nudity which is not part of any published photograph or printed material, such as a personal nude photograph.
DOC 309.02(16)(c)
(c) Written material which the average person, applying state contemporary community standards, would find, when taken as a whole does all of the following:
DOC 309.02(16)(c)3.
3. Lacks serious literary, artistic, political, educational, or scientific value.
DOC 309.02(18)
(18) “Release account" means an account established for an inmate in which a percentage of the inmate's income is deposited, in accordance with s.
DOC 309.466 so that the inmate has sufficient funds when released from the institution to purchase release clothing, out-of-state transportation, and other items and services needed on release.
DOC 309.02(19)
(19) “Representatives of the news media" means persons whose principle employment is to gather or report news for any of the following:
DOC 309.02(19)(a)
(a) A newspaper that qualifies as a general circulation newspaper of record in the community in which it is published.
DOC 309.02(19)(b)
(b) A news magazine that publishes news of a general character and of general interest which has a statewide or national circulation and is distributed at newsstands or by mail subscription to the general public.
DOC 309.02(19)(d)
(d) A radio or television news program of general character and general interest, at a station holding a federal communications commission license.
DOC 309.02(20)
(20) “Secretary" means the secretary of the department of corrections, or designee.
