Wisconsin Legislature: DOC 309.02(9)(b)

DOC 309.46 Deposit of money.

DOC 309.465 Crime victim and witness assistance surcharge.

DOC 309.466 Release account funds.

DOC 309.47 Receipts.

DOC 309.48 Procedure for inmate requests for disbursements of inmate account funds.

DOC 309.49 Disbursement of inmate account funds.

DOC 309.495 Transportation for inmates upon release.

DOC 309.50 Segregated account funds.

DOC 309.51 Funds for legal correspondence and copying.

DOC 309.52 Canteen.

DOC 309.55 Compensation.

DOC 309.61 Religious beliefs and practice.

Note: 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.

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

DOC 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.

History: 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 309.02 Definitions. As used in this chapter:

(1) “Adjustment committee” means the adjustment committee authorized under the departmental disciplinary rules to impose disciplinary measures for inmate misconduct.

(2) “Administrator” means the administrator of the division of adult institutions, department of corrections, or designee.

(3) “Clinical services unit supervisor” means the clinical services unit supervisor at an institution, or designee.

(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.

(5) Contraband has the meaning given in s. DOC 303.02 (8).

(6) “Department” means the department of corrections.

(7) “Division” means the department of corrections, division of adult institutions.

(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.

(8) “General or trust account” means an account established by an institution to receive all funds for the benefit of an inmate.

(9) “Human sexual behavior” means the actual or simulated act of any of the following:

(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.

(b) Fellatio or cunnilingus.

(d) Bestiality.

(e) Masturbation.

(f) Necrophilia.

(g) Sexual sadism or sexual masochistic abuse including, but not limited to, flagellation, torture, or bondage.

(h) Sexual excitement.

(10) “Institution business manager” means the person designated to receive and disburse money and property at each institution or that person’s designee.

(12) “Mail” means materials such as letters and other items of correspondence processed through the United States postal service and letters and other items of correspondence processed within an institution.

(14) “Nudity” for commercially published material means the showing of human male or female genitals or pubic area with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of the areola or nipple, or the depiction of covered male genitals in a discernibly turgid state. “Nudity” for purposes of a personal photograph means the showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of the areola or nipple, or the depiction of covered male genitals in a discernibly turgid state.

(15) “Photograph” means an image on film, video tape, or electronic transmission.

(16) “Pornography” means any of the following:

(a) Any material, other than written material, that depicts any of the following:

1. Human sexual behavior.

2. Sadomasochistic abuse, including but not limited to flagellation, bondage, brutality to or mutilation or physical torture of a human being.

3. Unnatural preoccupation with human excretion.

4. Nudity which is not part of any published photograph or printed material, such as a personal nude photograph.

5. Nudity of any person who has not attained the age of 18.

(b) A publication that features nudity.

(c) Written material which the average person, applying state contemporary community standards, would find, when taken as a whole does all of the following:

1. Appeals to the prurient interest.

2. Describes human sexual behavior in a patently offensive way.

3. Lacks serious literary, artistic, political, educational, or scientific value.

(18) “Release account” means an account established for an inmate in which a percentage of the inmate’s income is deposited, in accordance with s. DOC 309.466 so that the inmate has sufficient funds when released from the institution to purchase release clothing, out-of-state transportation, and other items and services needed on release.

(19) “Representatives of the news media” means persons whose principle employment is to gather or report news for any of the following:

(a) A newspaper that qualifies as a general circulation newspaper of record in the community in which it is published.

(b) A news magazine that publishes news of a general character and of general interest which has a statewide or national circulation and is distributed at newsstands or by mail subscription to the general public.

(d) A radio or television news program of general character and general interest, at a station holding a federal communications commission license.

(20) “Secretary” means the secretary of the department of corrections, or designee.

(21) “Security director” means the security director at an institution, or designee.

(22) “Segregated account” means an account established for the receipt and disbursement of funds received by inmates for participation in a work or study release program under ch. DOC 324 and certain institution educational programs. Such funds include, but are not limited to, social security, veterans administration, and railroad retirement funds.

(23) “Sexual excitement” means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

(24) “Warden” means the warden at an institution, or designee.

History: Cr. Register, October, 1981, No. 310, eff. 11-1-81; emerg. cr. (9m), eff. 5-15-86; cr. (9m), Register, September, 1986, No. 369, eff. 10-1-86; cr. (2m) and (8m), Register, April, 1994, No. 460, eff. 5-1-94; renum. and am. (2), (4), (7), (9m), (10), (13) to be (4), (2), (8), (18), (19), (24), renum. (2m), (3), (5), (6), (8), (8m), (9), (11), (12) to be (5), (6), (7), (3), (10), (13), (15), (21), (22), cr. (9), (12), (14), (16), (20), (23), Register, September, 1998, No. 513, eff. 10-1-98; correction in (4) made under s. 13.93 (2m) (b) 7., Stats., Register, August, 2001, No. 548; CR 01-022: cr. (7m), am. (14) and (16), Register August 2001 No. 548, eff. 9-1-01; CR 11-022: am. (5) Register September 2014 No. 705, eff. 1-1-15.

DOC 309.03 News media access to inmates.

(1) Representatives of the news media shall be permitted to visit correctional institutions. Visits and interviews by media representatives with correctional staff and inmates can foster the public’s understanding of the qualities, problems, and needs of inmates and institutions. Such understanding helps to develop community acceptance and support of correctional objectives, including the objective of successful reintegration of offenders into the community.

(2) The warden may permit news media representatives to interview individual inmates, unless one of the following exists:

(a) The warden believes that an interview will jeopardize or be detrimental to any of the following:

1. The safety or order of the institution.

2. The welfare of the inmate.

3. The welfare of the victim, the victim’s family or the community.

4. Legitimate correctional objectives, including resources.

(b) The inmate is confined in segregation.

(3) Representatives of the news media who visit correctional institutions are subject to the same rules as other visitors. They will not be counted against any limits as to the number of visitors permitted, unless they are on an inmate’s visiting list.

(4) With the written permission of the inmate, news media representatives may photograph the inmate. The permission shall include the date of the photo and the use to be made of it.

(5) The warden shall regulate all visits and interviews conducted pursuant to this section as to time, location, length, and equipment used.

History: Cr. Register, October, 1981, No. 310, eff. 11-1-81; am. (2) (intro.), (a) (intro.), 1., 2., (5), cr. (2) (a) 3., 4., r. (2) (b), renum. and am. (2) (c) and (d) to be (2) (b) and (c), Register, September, 1998, No. 513, eff. 10-1-98.

DOC 309.04 Inmate mail.

(1) The department may allow inmates to communicate with their families, friends, government officials, courts, and other people concerned with the welfare of inmates consistent with the need to protect the public.

(2)

(a) Incoming mail addressed to inmates may be opened, examined, censored, and delivered under this section only if the inmate consents in writing to receive mail through institution mail services.

(b) If an inmate does not consent under par. (a), the institution shall return incoming mail addressed to the inmate to the post office unopened marked, “refused.”

(d) All outgoing inmate mail shall be stamped. The stamp shall identify the mail as coming from the Wisconsin state prison system.

(3) Institution staff may not open or read for inspection mail sent by an inmate to any of the parties listed in pars. (a) to (j), unless the security director has reason to believe that the mail contains contraband. Institution staff may open mail received by an inmate from any of these parties in the presence of the inmate. Staff may inspect the document but only to the extent necessary to determine if the mail contains contraband, or if the purpose is misrepresented. Staff may read the mail if staff has reason to believe it is other than a legal document. The department shall process contraband in accordance with sub. (4) (e) (intro.) and 1., (f) and (g). This subsection applies to mail clearly identifiable as being from one or more of the following parties:

(a) An attorney.

(b) The governor of Wisconsin.