Chapter DOC 379

DOC 379.07(2)(e)10. 10. A visitor was approved by mistake or based on inadequate or incorrect information.

DOC 379.07(2)(e)11. 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.

DOC 379.07(2)(f) (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:

DOC 379.07(2)(f)1. 1. The visitor has violated department rules or institution policies and procedures relating to visiting at any institution operated by the department.

DOC 379.07(2)(f)2. 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.

DOC 379.07(2)(f)3. 3. The youth has been found guilty of a violation of department rules or institution policies and procedures relating to visiting.

DOC 379.07(2)(f)4. 4. The youth has violated s. DOC 373.46 relating to intoxicants and drug paraphernalia.

DOC 379.07(2)(f)5. 5. The youth is in close or modified confinement because of a major penalty.

DOC 379.07(2)(g) (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.

DOC 379.07(2)(h) (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.

DOC 379.07(2)(i) (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.

DOC 379.07(3) (3) Regulation of visits.

DOC 379.07(3)(a) (a) Each institution shall develop written policies and procedures relating to youth in the general population concerning all of the following:

DOC 379.07(3)(a)1. 1. The time for visits.

DOC 379.07(3)(a)2. 2. Weekday, weekend and night visits.

DOC 379.07(3)(a)3. 3. The duration of visits.

DOC 379.07(3)(a)4. 4. The number or frequency of visits.

DOC 379.07(3)(a)5. 5. The number of visitors permitted on each visit.

DOC 379.07(3)(a)6. 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.

DOC 379.07(3)(a)7. 7. Items which may be brought into the institution during a visit.

DOC 379.07(3)(a)8. 8. The place of visits.

DOC 379.07(3)(a)9. 9. No-contact visiting.

DOC 379.07(3)(b) (b) Institutions may require visitors of any age to provide picture identification or other identification before permitting the visit.

DOC 379.07(3)(c) (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.

DOC 379.07(3)(d) (d) Each institution shall provide visiting access on weekends and some weekdays and evenings consistent with scheduled activities and available resources.

DOC 379.07(3)(e) (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).

DOC 379.07(3)(f) (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.

DOC 379.07(4) (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.

DOC 379.07(5) (5) Special visits.

DOC 379.07(5)(a) (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.

DOC 379.07(5)(b) (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.

DOC 379.07(6) (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).

DOC 379.07(7) (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.

DOC 379.07(8) (8) Contact during visits.

DOC 379.07(8)(a) (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.

DOC 379.07(8)(b) (b) Only physical contact approved by the superintendent is permitted.

DOC 379.07(8)(c) (c) Youth and visitors may not pass or exchange items during a visit, unless the superintendent gives prior approval.

DOC 379.07(9) (9) Suspension or termination of visiting privileges.

DOC 379.07(9)(a) (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:

DOC 379.07(9)(a)1. 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.

DOC 379.07(9)(a)2. 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.

DOC 379.07(9)(a)3. 3. Termination or suspension of visiting privileges under this paragraph may be ordered by the superintendent to protect the security of the institution.

DOC 379.07(9)(b) (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.

DOC 379.07 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 379.08 DOC 379.08 Special events.

DOC 379.08(1) (1) Special events may be held in institutions subject to the approval and regulation of the superintendent.

DOC 379.08(2) (2) In regulating special events, the superintendent shall consider all of the following:

DOC 379.08(2)(a) (a) Any threat to security posed by the activity.

DOC 379.08(2)(b) (b) The benefit to the public and youth.

DOC 379.08(2)(c) (c) Staff and other resources available to regulate the activity.

DOC 379.08 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 379.09 DOC 379.09 Access to courts, legal services and materials.

DOC 379.09(1) (1) General policy. Youth shall have access to the courts, legal services, and legal materials.

DOC 379.09(2) (2) Access.

DOC 379.09(2)(a) (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.

DOC 379.09(2)(b) (b) Appropriately identified legal documents may not be read, censored or altered by correctional staff, nor may delivery be delayed.

DOC 379.09(2)(c) (c) A youth shall not be disciplined for seeking judicial or administrative relief.

DOC 379.09(2)(d) (d) This section does not require the department to use its resources to provide legal services.

DOC 379.09 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 379.10 DOC 379.10 Property.

DOC 379.10(1) (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.

DOC 379.10(2) (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.

DOC 379.10(3) (3) Acquiring property. Methods approved by a superintendent to acquire personal property may include any of the following:

DOC 379.10(3)(a) (a) Purchase from the institution canteen.

DOC 379.10(3)(b) (b) Purchase from an approved retail outlet.

DOC 379.10(3)(c) (c) Delivery by approved visitors or mail.

DOC 379.10(3)(d) (d) Other methods approved by the superintendent.

DOC 379.10(4) (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.

DOC 379.10(5) (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.

DOC 379.10(6) (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.

DOC 379.10(7) (7) Disposal of property.

DOC 379.10(7)(a) (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.

DOC 379.10(7)(b) (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).

DOC 379.10(7)(c) (c) The institution shall not be responsible for damage due to storage or disposal after release or escape.

DOC 379.10(7)(d) (d) Upon the death of a youth and satisfactory identification of the parents, the superintendent shall:

DOC 379.10(7)(d)1. 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.

DOC 379.10(7)(d)2. 2. Property with a value of $10,000 or more is to be managed in accordance with s. 867.01, Stats.

DOC 379.10(7)(e) (e) Items received at an institution but not approved shall be disposed of consistent with s. DOC 376.17.

DOC 379.10 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 379.11 DOC 379.11 Religion.

DOC 379.11(1) (1) Religious beliefs and practice.

DOC 379.11(1)(a) (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.

DOC 379.11(1)(b) (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.

DOC 379.11(1)(c) (c) To the extent reasonable, institutions shall make facilities and other resources available to youth for religious practices permitted under sub. (2).

DOC 379.11(2) (2) Youth participating in religious practices.

DOC 379.11(2)(a) (a) A youth who wants to participate in religious practices or request a change in religious programming, diet, special foods or authorized property that involves others or that affects the youth’s appearance or institution routines shall submit a written request to the superintendent for permission to participate in the religious practice. The request shall include a statement that the youth professes or adheres to a particular religion and shall specify the practices and tenets of the religion in which the youth requests permission to participate.

DOC 379.11(2)(b) (b) Upon receipt of the request the superintendent shall, with the assistance of a chaplain or staff with appropriate religious training, determine if the request is supported by tenets of the religion.

DOC 379.11(2)(c) (c) In determining whether the request is supported by tenets of the religion the superintendent may consider any of the following:

DOC 379.11(2)(c)1. 1. Whether there is literature stating religious principles that support the belief.