Wisconsin Legislature: DOC 379.07(3)(d)

5. There are reasonable grounds to believe the visitor poses a threat to the safety and security of visitors, staff, youth or the institution.

6. There are reasonable grounds to believe that the youth’s reintegration into the community or rehabilitation would be hindered.

7. There is a court order prohibiting a visit.

8. There are reasonable grounds to believe that the youth may victimize the proposed visitor or the proposed visitor may victimize the youth.

9. The proposed visitor has been arrested, incarcerated or under correctional supervision within the previous 12 months. Exceptions may be made for close family members under sub. (7).

10. A visitor was approved by mistake or based on inadequate or incorrect information.

11. The proposed visitor is a current or former employee of the department or a person who provided services to the department within the past 12 months and the proposed visitor has violated the department’s policy regarding fraternization.

(f) The superintendent shall also determine, every 60 days, whether visits shall be no-contact visits, based on institution security or any of the following:

1. The visitor has violated department rules or institution policies and procedures relating to visiting at any institution operated by the department.

2. The visitor introduced contraband into any correctional institution, engaged in behavior that threatened the security of any correctional institution or interfered with the rights of others at any correctional institution.

3. The youth has been found guilty of a violation of department rules or institution policies and procedures relating to visiting.

4. The youth has violated s. DOC 373.46 relating to intoxicants and drug paraphernalia.

5. The youth is in close or modified confinement because of a major penalty.

(g) Consistent with available resources and program goals, an institution may place a reasonable limit on the number of persons on a youth’s visitors’ list. Youth shall retain visitors on the visitors’ list for a minimum of 90 days from the date of approval, unless the superintendent waives this provision for cause.

(h) If a person is disapproved by the superintendent for visiting or approved for no contact visiting only, the youth and the person shall be informed of the reasons for the action in writing. A youth may appeal the decision using the complaint procedure in ch. DOC 380. The disapproved person may appeal the decision in writing to the superintendent who shall issue a decision within 15 days of receipt of the appeal and send a copy of the decision to the youth and the disapproved person.

(i) A youth may submit a written request to the superintendent for visits by family members not on the approved visitors list. The superintendent may permit occasional visits by family members not on the approved visiting list and may require notification from the family members in advance of the visits.

(3) Regulation of visits.

(a) Each institution shall develop written policies and procedures relating to youth in the general population concerning all of the following:

1. The time for visits.

2. Weekday, weekend and night visits.

3. The duration of visits.

4. The number or frequency of visits.

5. The number of visitors permitted on each visit.

6. Immediate termination of a visit for a violation of laws of the United States or of the state of Wisconsin, department rules or institution policies and procedures.

7. Items which may be brought into the institution during a visit.

8. The place of visits.

9. No-contact visiting.

(b) Institutions may require visitors of any age to provide picture identification or other identification before permitting the visit.

(c) Each institution shall develop written policies and procedures which may limit visitation for youth in major penalty status by issuing restrictions concerning specific visitors, visitors under the age of 18 years, number of visitors, and the hours for and the location of visits. Each institution shall permit a youth in a major penalty status to visit at least 1 hour per week.

(d) Each institution shall provide visiting access on weekends and some weekdays and evenings consistent with scheduled activities and available resources.

(e) Each institution shall permit a youth in the general institution population to have visits at least six hours per week in visits of such duration as the institution specifies under par. (a).

(f) Specific policies adopted under this section may include requirements necessary to manage the visiting population within the physical space and staff limitations of each institution.

(4) Visits to youth on control status or observation status. Visits to youth on control status under s. DOC 373.82 (2) or observation status under ch. DOC 375 require the approval of the superintendent.

(5) Special visits.

(a) Public officials and members of private or public organizations who provide services to youth may visit with the approval of the superintendent. Prior arrangements for the visits shall be made with the superintendent to minimize interference with normal operations and activities. The superintendent may limit the number of visitors, visits and the duration of visits and restrict visitors to certain areas of the institution for security reasons.

(b) Attorneys, attorney assistants, approved law students and legal interns shall be permitted to visit their clients to provide professional services with the approval of the superintendent, consistent with institution security. The visits shall not count against the allowable number or hours of visits for a youth.

(6) No contact visiting. The superintendent may impose no-contact visiting in response to an initial application to visit or upon subsequent review of the visiting status of a youth or visitor, consistent with sub. (2) (f).

(7) Inter-institution visits by family members. The superintendent may approve visits between a youth and the youth’s spouse, and between parents and children who are confined in a prison or another type 1 secured correctional facility within the state of Wisconsin. The criteria for approval are the same as for other visitors under this section.

(8) Contact during visits.

(a) Visitors are required to obey the laws of the United States and the state of Wisconsin, the department’s rules and policies and procedures of the institution relating to visiting.

(b) Only physical contact approved by the superintendent is permitted.

(9) Suspension or termination of visiting privileges.

(a) The superintendent may suspend or terminate visiting privileges for a violation of the laws of the United States or the state of Wisconsin, the department’s rules or those institution policies and procedures of which a youth or visitor had actual or constructive notice, consistent with s. DOC 373.65 (3) (a) and (b), subject to the following:

1. The visitor and youth shall be informed in writing of the suspension or termination and the reasons for the action within 5 days of the violation.

2. The youth may appeal a decision of the superintendent by filing a complaint under ch. DOC 380 within 5 days of receipt of the decision. The visitor may appeal the decision by filing an appeal with the administrator, whose decision shall be final. The administrator shall issue a decision within 15 days of receipt of the appeal and send copies of the decision to the superintendent, the youth and the visitor. Failure of the administrator to issue a decision upholds the decision of the superintendent.

3. Termination or suspension of visiting privileges under this paragraph may be ordered by the superintendent to protect the security of the institution.

(b) If a youth is alleged to have violated any conduct rule under ch. DOC 373 during a visit, the youth’s discipline under ch. DOC 373 may include suspension of visiting privileges with the visitor.

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

DOC 379.08 Special events.

(1) Special events may be held in institutions subject to the approval and regulation of the superintendent.

(2) In regulating special events, the superintendent shall consider all of the following:

(a) Any threat to security posed by the activity.

(b) The benefit to the public and youth.

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

DOC 379.09 Access to courts, legal services and materials.

(1) General policy. Youth shall have access to the courts, legal services, and legal materials.

(2) Access.

(a) Institutions may establish policies and procedures which relate to access to courts, but such regulations may not unduly delay or adversely affect the outcome of a youth’s claim or defense or discourage a youth from seeking judicial consideration of his or her claims.

(b) Appropriately identified legal documents may not be read, censored or altered by correctional staff, nor may delivery be delayed.

(d) This section does not require the department to use its resources to provide legal services.

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

DOC 379.10 Property.

(1) Possession of property. Youth are permitted to have a limited and specified amount of property in their possession in an institution in accordance with this section. The institution shall establish policies and procedures under this section relating to the acquisition, possession, use and disposal of property.

(2) Property list. Each institution shall develop and maintain a list of the personal property items permitted at the institution. The list may establish limitations as to the value, type of property and number of particular items. The superintendent may approve additions to the property list if the additions further program goals. Youth shall be provided with a copy of the list when they arrive at the institution and any changes made subsequent to their arrival.

(3) Acquiring property. Methods approved by a superintendent to acquire personal property may include any of the following:

(a) Purchase from the institution canteen.

(b) Purchase from an approved retail outlet.

(d) Other methods approved by the superintendent.

(4) Inventory. Each institution shall monitor property in a youth’s possession. A written inventory shall be maintained of all authorized property in a youth’s possession. A youth is responsible for notifying the institution immediately if a discrepancy exists between the inventory and the property in the youth’s possession.

(5) Cost of property. The cost of personal property items, except those that are medically prescribed, may not exceed an amount approved by the superintendent for each item, excluding taxes and shipping cost. Personal property shall be inventoried for its value and an institution property receipt shall be provided.

(6) Institution liability for property. The institution is not financially liable for the personal property of youth, unless staff negligence is the proximate cause of loss or damage. If staff have negligently caused loss or damage to a youth’s personal property, the institution’s liability is limited to the value of the property or the cost of repair, whichever is less, at the time of loss or damage, not to exceed the purchase price.

(7) Disposal of property.

(a) Each superintendent shall develop policies and procedures, subject to approval of the administrator and consistent with s. DOC 376.17, relating to the disposal of personal property of youth within the institution. Youth may choose the method of disposal, subject to security concerns.

(b) Upon the escape of a youth, the institution shall collect all personal property of the youth as soon as possible, prepare an inventory of the property and place the property in a secure area for safekeeping, subject to disposal under par. (a).

(d) Upon the death of a youth and satisfactory identification of the parents, the superintendent shall:

1. Prepare an affidavit for transfer of property under s. 867.03, Stats., if the property and funds of the deceased youth have a value of more than $150.00 and less than $10,000.00. The affidavit shall be signed by the person claiming the property and shall be filed with the institution prior to transfer of property to the parent in accordance with s. 867.03, Stats.

2. Property with a value of $10,000 or more is to be managed in accordance with s. 867.01, Stats.

(e) Items received at an institution but not approved shall be disposed of consistent with s. DOC 376.17.

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

DOC 379.11 Religion.

(1) Religious beliefs and practice.

(a) The department may not discriminate against a youth on the basis of the youth’s religious beliefs. The superintendent may modify a youth’s religious practices based on health and safety considerations, the security and order of the institution, the rehabilitation goals of the youth and fiscal and operational limitations.

(b) The department may not require a youth to participate in religious activities but may maintain information concerning a youth’s religious activities for administrative purposes.

(c) To the extent reasonable, institutions shall make facilities and other resources available to youth for religious practices permitted under sub. (2).