Wisconsin Legislature: DOC 379.09(2)(d)

(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).

(2) Youth participating in religious practices.

(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.

(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.

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

1. Whether there is literature stating religious principles that support the belief.

2. Whether the beliefs are recognized by a group of persons who share common ethical, moral or intellectual views.

(d) The superintendent shall deny the request if the tenets of the religion or a reasonable variation of those tenets do not support the request.

(e) If the superintendent determines that the request is supported by tenets of the religion, the superintendent shall grant permission to participate in practices that are consistent with orderly confinement, security of the institution and fiscal, staff and space limitations.

(f) The superintendent shall establish written guidelines consistent with this section and institution security needs to govern youth participation in religious practices. The guidelines shall be made available to all youth.

(g) The superintendent shall require a youth to identify a religious preference, if any, to participate in religious activities. A youth may change this religious preference once every six months.

(3) Religious services and prayers.

(a) Each superintendent shall, upon the recommendation of a chaplain or staff with appropriate religious training, coordinate religious programming to the extent possible at the times prescribed or encouraged by the youth’s religion.

(b) The superintendent may, upon the recommendation of a chaplain or staff with appropriate religious training, permit representatives of approved religious groups from outside the institution to visit youth, hold services and provide counseling and services commonly provided by chaplains.

(4) Religious property. A superintendent may permit youth to possess approved religious property required by the youth’s religion in accordance with sub. (2).

(5) Dietary laws.

(a) To the extent possible, the institution shall plan meals so that youth may maintain a nutritious diet while complying with dietary restrictions prescribed by the youth’s approved religion.

(b) An institution may accommodate youth requests for special foods for religious observances.

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

DOC 379.12 Leisure time activities. Each institution shall provide the youth in the general population with structured and approved leisure time activity, including outdoor recreation, on a regular basis consistent with security, available resources and the priorities of school attendance, scheduled programs and work. Outdoor leisure time activities shall be provided when weather conditions do not pose a risk to health and safety.

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

DOC 379.13 Education programs.

(1) Institutions shall make the following educational programs and services available to youth:

(a) Elementary education, as appropriate.

(b) Junior high school/middle school classes.

(d) High school credit-generating classes.

(e) High school equivalency programs.

(f) Training in independent living skills.

(g) Pre-vocational and vocational/technical education including work experience.

(h) Reintegration services at the time the youth is released from the institution, including transfer of records and consultation with education staff at the school the youth will attend in the community.

(2) Teachers and staff shall meet state licensing or training requirements from the department of public instruction or the technical college system board. Teachers are required to obtain and maintain their required license or certification.

(3) A youth under the age of 18 years who has not earned a high school diploma or high school equivalency diploma will participate in an education program as required by law.

(4) A youth 18 years or older who has not earned a high school diploma or high school equivalency diploma may participate in educational or vocational programming, but is not legally required to participate.