Chapter DOC 379

Ch. DOC 379 Note Note: Chapter HSS 339 as it existed on June 30, 2000 was repealed and a new Chapter DOC 379 was created, Register, June, 2000, No. 534, effective July 1, 2000.

DOC 379.01 DOC 379.01 Authority and purpose. This chapter is promulgated under the authority of ss. 227.11 (2) and 938.48 (16), Stats., to structure the resources available to youth to balance the need for public protection, youth accountability, youth skill-building and the provision of services to youth in a safe, humane and caring environment.

DOC 379.01 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 379.02 DOC 379.02 Applicability. This chapter applies to the department and all youth who are under its supervision in a type 1 secured correctional facility consistent with the requirements of law.

DOC 379.02 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 379.03 DOC 379.03 Definitions. In this chapter:

DOC 379.03(1) (1) “Activity group” means youth who participate in a group organized to promote educational, social, cultural or other lawful activities approved by the department.

DOC 379.03(2) (2) “Administrator” means the administrator of the division of juvenile corrections or that person’s designee.

DOC 379.03(3) (3) “Agent” means a person employed by the department or a county department to provide community supervision of a youth and authorized to make decisions regarding community supervision matters.

DOC 379.03(4) (4) “Close confinement” means restriction of a youth to the youth’s assigned room with a minimum of one hour of out-of-room time per day.

DOC 379.03(5) (5) “Close family member” means a youth’s natural, adoptive, step and foster parents, spouse, children, grandparents or siblings. A parent surrogate is within the definition of parent if investigation substantiates that a claimed surrogate did in fact act as a parent to the youth although the parent surrogate was not an adoptive, foster or stepparent.

DOC 379.03(6) (6) “Community supervision” means the corrective sanctions program under s. 938.533, Stats., aftercare under s. 938.34 (4n), Stats., the serious juvenile offender program under s. 938.538, Stats., and type 2 secured correctional facility supervision under s. 938.539 (2), Stats.

DOC 379.03(7) (7) “Contraband” means any of the following:

DOC 379.03(7)(a) (a) Any item which subch. VI of ch. DOC 373 prohibits a youth from possessing.

DOC 379.03(7)(b) (b) Any item which is not state property and is on the institution grounds, but not in the possession of any person or in an approved location.

DOC 379.03(7)(c) (c) Stolen property.

DOC 379.03(7)(d) (d) Any item that is not on a youth’s property list and is required to be.

DOC 379.03(7)(e) (e) Any item of a type that is not allowed according to posted policies and procedures.

DOC 379.03(7)(f) (f) Allowable items in excess of the quantity allowed according to policies and procedures.

DOC 379.03(7)(g) (g) Items in the possession of a youth that do not belong to the youth, except for state property issued to the youth for personal use.

DOC 379.03(7)(h) (h) Anything used as evidence in a disciplinary hearing that is deemed to be contraband by the hearing officer.

DOC 379.03(8) (8) “County department” means a county department under s. 938.02 (2g), Stats.

DOC 379.03(9) (9) “Department” means the department of corrections.

DOC 379.03(10) (10) “Gang” means a group of people that threatens, intimidates, coerces, or harasses other people or engages in activities that intentionally violate, or encourage the intentional violation of state or federal laws or regulations, municipal ordinances or institutional policies or procedures.

DOC 379.03(11) (11) “General account” means an account established to receive youth pay or allowances under s. 938.48 (13), Stats., pensions, disability payments, monetary gifts from family or any other payments to the youth from which disbursements may be made while the youth is under the supervision of the department.

DOC 379.03(12) (12) “Guardian” means the person named by the court having the duty and authority of guardianship.

DOC 379.03(13) (13) “Institution” means a type 1 secured correctional facility operated by the department.

DOC 379.03(14) (14) “Institution housing emergency” means any of the following:

DOC 379.03(14)(a) (a) The number of youth exceeds the original design bed capacity of a specific institution.

DOC 379.03(14)(b) (b) A portion of any institution’s original design bed capacity becomes unavailable for use as living quarters because of fire, storm or other damage, health-threatening contamination, staff unavailability beyond the control of the institution or a disturbance, with the result that the number of youth at a specific institution exceeds the available beds.

DOC 379.03(15) (15) “Mail” includes materials such as letters, other items of correspondence and packages processed through the United States postal service or courier including but not limited to United Parcel Service, Federal Express and Dunham Express, and letters and other items of correspondence processed within an institution.

DOC 379.03(16) (16) “Major penalty” means removal from general population under s. DOC 373.80 (3).

DOC 379.03(17) (17) “Modified confinement” means restriction of a youth to the youth’s assigned room with a minimum of 4 hours of out-of-room time per day.

DOC 379.03(18) (18) “No-contact visiting” means visitation during which no physical contact is permitted between a youth and a visitor.

DOC 379.03(19) (19) “Obscene material” means a writing, picture, sound recording or film, about which all of the following are true:

DOC 379.03(19)(a) (a) The average person, applying contemporary community standards, would find it appeals to the prurient interest if taken as a whole.

DOC 379.03(19)(b) (b) Under contemporary community standards, describes or shows sexual conduct in a patently offensive way.

DOC 379.03(19)(c) (c) Lacks serious literary, artistic, political, educational or scientific value, if taken as a whole.

DOC 379.03(20) (20) “Parent” has the meaning given in s. 938.02 (13), Stats.

DOC 379.03(21) (21) “Representative of the news media” means any person 18 years old or older who is a credentialed member of the press, including broadcast or print journalism, who visits an institution for the purpose of investigation and reporting.

DOC 379.03(22) (22) “Restitution” means payment owed by a youth to a victim, the court or the department pursuant to s. 938.34 (5) (a) or (8d), Stats.

DOC 379.03(23) (23) “Secretary” means the secretary of the department of corrections or that person’s designee.

DOC 379.03(24) (24) “Special events” means activities beyond regularly scheduled program events, including but not limited to, sporting events, guest speakers, concerts or recognition events.

DOC 379.03(25) (25) “Staff” means an employee of the institution, where a youth is housed.

DOC 379.03(26) (26) “Superintendent” means the superintendent of a type 1 secured correctional facility or that person’s designee.

DOC 379.03(27) (27) “Type 1 secured correctional facility” has the meaning given in s. 938.02 (19), Stats.

DOC 379.03(28) (28) “Type 2 secured correctional facility” has the meaning given in s. 938.02 (20), Stats.

DOC 379.03(29) (29) “Youth” means a person or persons supervised by the department in an institution consistent with the requirements of law, regardless of age.

DOC 379.03 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 379.04 DOC 379.04 Mail.

DOC 379.04(1) (1) Policy. Communication fosters reintegration into the community and the maintenance of family ties. A youth may communicate with government offices, courts, approved family members and other persons concerned with the youth’s welfare as approved by the superintendent and consistent with program needs and the need to protect the public.

DOC 379.04(2) (2) Correspondence list. There shall be an approved correspondence list for each youth. The list shall include the name, date of birth, address, and relationship to the youth for all approved correspondents.

DOC 379.04(2)(b) (b) Except as otherwise provided in this chapter, only individuals on a youth’s approved list will be permitted to correspond with the youth. To the extent compatible with program goals and institution needs, a youth shall be permitted to correspond with close family members. If the superintendent grants prior approval, other relatives, friends, or interested persons may also correspond with the youth.

DOC 379.04(3) (3) Incoming mail.

DOC 379.04(3)(a) (a) Mail addressed to youth shall be promptly delivered, except as provided in this section.

DOC 379.04(3)(b) (b) Incoming mail to a youth, except as provided in sub. (5), may be opened, read and inspected for contraband, if the youth consents in writing to receive mail through institution mail services. Contraband shall not be delivered and shall be returned to the sender, unless it is a violation of the laws of Wisconsin or the United States to possess the contraband, in which case, the contraband shall be disposed of as provided in s. DOC 376.17.

DOC 379.04(3)(c) (c) If a youth does not consent under par. (b), the institution shall return incoming mail addressed to the youth to the post office unopened and marked “refused.”

DOC 379.04(3)(d) (d) If a letter has no return address, it shall be opened, inspected and read to identify the sender and determine if the sender is on the approved correspondence list. If the sender cannot be identified, the mail will be disposed of consistent with institution procedures.

DOC 379.04(3)(e) (e) If incoming mail is not given to the youth, the mail and a written notice stating why the mail was not delivered shall be promptly sent by the superintendent to the sender. The mail and written notice will not be sent if the sender is a youth or an adult under the supervision of or in the custody of the department. The youth to whom the letter was sent shall be given a written notice within 3 working days that the mail was not delivered, the reason for non-delivery and the identity of the sender.

DOC 379.04(4) (4) Outgoing mail.

DOC 379.04(4)(a) (a) At least one letter per week may be sent at department expense. Additional mail may be sent at department expense as authorized by the superintendent. If a youth pays for the postage, additional letters may be sent by the youth.

DOC 379.04(4)(b) (b) Outgoing mail from a youth, except as provided in sub. (5), may be opened, read and inspected for contraband, if the youth consents in writing to send mail through institution mail services. The contraband shall be disposed of as provided in s. DOC 376.17.

DOC 379.04(4)(c) (c) If outgoing mail is not sent, the superintendent shall promptly send a notice to the youth stating why the letter was not sent. The letter will be disposed of consistent with institution procedures.

DOC 379.04(5) (5) Special correspondence. Staff may open and inspect, but not read mail received by youth from or sent by a youth to any of the persons listed below only in the presence of the youth. Staff shall inspect the document to determine if the mail contains contraband. Mail containing contraband shall be confiscated. This subsection applies to mail clearly identifiable as being from or to one or more of the following parties:

DOC 379.04(5)(a) (a) The governor of Wisconsin.

DOC 379.04(5)(b) (b) Members of the legislature.

DOC 379.04(5)(c) (c) Members of the United States congress or the president of the United States.

DOC 379.04(5)(d) (d) The secretary.

DOC 379.04(5)(e) (e) Department staff acting within their official capacity.

DOC 379.04(5)(f) (f) The attorney general of Wisconsin or an assistant attorney general of Wisconsin.

DOC 379.04(5)(g) (g) The clerk or judge of any state or federal court.

DOC 379.04(5)(h) (h) An investigative agency of the federal government.

DOC 379.04(5)(i) (i) An attorney.

DOC 379.04(6) (6) Restrictions. Except as provided in sub. (5), the following restrictions apply to all youth correspondence:

DOC 379.04(6)(a) (a) Incoming and outgoing mail may not be delivered if it does any of the following:

DOC 379.04(6)(a)1. 1. Threatens criminal activity.

DOC 379.04(6)(a)2. 2. Threatens or attempts blackmail or extortion.

DOC 379.04(6)(a)3. 3. Relates to sending contraband in or out of an institution or contains contraband.

DOC 379.04(6)(a)4. 4. Relates to plans to escape.

DOC 379.04(6)(a)5. 5. Relates to any gang activity.

DOC 379.04(6)(a)6. 6. Relates to activity that, if completed, would violate the laws of Wisconsin or of the United States or the administrative rules of the department.

DOC 379.04(6)(a)7. 7. Is in code.

DOC 379.04(6)(a)8. 8. Solicits gifts from a person other than a family member or a person on the visiting list.

DOC 379.04(6)(a)9. 9. Is obscene material.

DOC 379.04(6)(a)10. 10. Contains information that, if communicated, would create a danger of physical or mental harm to any person.

DOC 379.04(6)(a)11. 11. Relates to a contract that the youth is asked to enter into or seeks to enter into.

DOC 379.04(6)(b) (b) Mail shall not be delivered to a youth or sent by a youth if the sender or recipient is not on the approved correspondence list for the youth. Mail to or from a person not on the approved correspondence list shall be returned to the sender or disposed of consistent with institution procedures.

DOC 379.04(6)(c) (c) The department shall obtain written approval from the parents or guardian of a person under 18 years of age with whom a youth requests permission to correspond. If the parents or guardian approve, correspondence may be permitted. If the parents or guardian do not approve, permission to correspond shall be denied. A youth may not correspond with another youth in an institution.