Wisconsin Legislature: Chapter DOC 309

Ch. DOC 309 NoteNote: 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 NoteNote: Several sections in this chapter have explanatory notes. This information can be found in the appendix after the last section.

DOC 309.01DOC 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 HistoryHistory: 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 309.02DOC 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(5)(5) Contraband has the meaning given in s. DOC 303.02 (8).

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.