Chapter DOC 309

DOC 309.02(9)(h) (h) Sexual excitement.

DOC 309.02(10) (10) “Institution business manager” means the person designated to receive and disburse money and property at each institution or that person’s designee.

DOC 309.02(12) (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.

DOC 309.02(14) (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.

DOC 309.02(15) (15) “Photograph” means an image on film, video tape, or electronic transmission.

DOC 309.02(16) (16) “Pornography” means any of the following:

DOC 309.02(16)(a) (a) Any material, other than written material, that depicts any of the following:

DOC 309.02(16)(a)1. 1. Human sexual behavior.

DOC 309.02(16)(a)2. 2. Sadomasochistic abuse, including but not limited to flagellation, bondage, brutality to or mutilation or physical torture of a human being.

DOC 309.02(16)(a)3. 3. Unnatural preoccupation with human excretion.

DOC 309.02(16)(a)4. 4. Nudity which is not part of any published photograph or printed material, such as a personal nude photograph.

DOC 309.02(16)(a)5. 5. Nudity of any person who has not attained the age of 18.

DOC 309.02(16)(b) (b) A publication that features nudity.

DOC 309.02(16)(c) (c) Written material which the average person, applying state contemporary community standards, would find, when taken as a whole does all of the following:

DOC 309.02(16)(c)1. 1. Appeals to the prurient interest.

DOC 309.02(16)(c)2. 2. Describes human sexual behavior in a patently offensive way.

DOC 309.02(16)(c)3. 3. Lacks serious literary, artistic, political, educational, or scientific value.

DOC 309.02(18) (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.

DOC 309.02(19) (19) “Representatives of the news media” means persons whose principle employment is to gather or report news for any of the following:

DOC 309.02(19)(a) (a) A newspaper that qualifies as a general circulation newspaper of record in the community in which it is published.

DOC 309.02(19)(b) (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.

DOC 309.02(19)(c) (c) A statewide, national, or international news service.

DOC 309.02(19)(d) (d) A radio or television news program of general character and general interest, at a station holding a federal communications commission license.

DOC 309.02(20) (20) “Secretary” means the secretary of the department of corrections, or designee.

DOC 309.02(21) (21) “Security director” means the security director at an institution, or designee.

DOC 309.02(22) (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.

DOC 309.02(23) (23) “Sexual excitement” means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

DOC 309.02(24) (24) “Warden” means the warden at an institution, or designee.

DOC 309.02 History 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 DOC 309.03 News media access to inmates.

DOC 309.03(1) (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.

DOC 309.03(2) (2) The warden may permit news media representatives to interview individual inmates, unless one of the following exists:

DOC 309.03(2)(a) (a) The warden believes that an interview will jeopardize or be detrimental to any of the following:

DOC 309.03(2)(a)1. 1. The safety or order of the institution.

DOC 309.03(2)(a)2. 2. The welfare of the inmate.

DOC 309.03(2)(a)3. 3. The welfare of the victim, the victim’s family or the community.

DOC 309.03(2)(a)4. 4. Legitimate correctional objectives, including resources.

DOC 309.03(2)(b) (b) The inmate is confined in segregation.

DOC 309.03(2)(c) (c) The inmate refuses to be interviewed.

DOC 309.03(3) (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.

DOC 309.03(4) (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.

DOC 309.03(5) (5) The warden shall regulate all visits and interviews conducted pursuant to this section as to time, location, length, and equipment used.

DOC 309.03 History 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 DOC 309.04 Inmate mail.

DOC 309.04(1) (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.

DOC 309.04(2) (2) 

DOC 309.04(2)(a) (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.

DOC 309.04(2)(b) (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.”

DOC 309.04(2)(c) (c) The department shall permit an inmate to correspond with anyone.

DOC 309.04(2)(d) (d) All outgoing inmate mail shall be stamped. The stamp shall identify the mail as coming from the Wisconsin state prison system.

DOC 309.04(3) (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:

DOC 309.04(3)(a) (a) An attorney.

DOC 309.04(3)(b) (b) The governor of Wisconsin.

DOC 309.04(3)(c) (c) Members of the Wisconsin legislature.

DOC 309.04(3)(d) (d) Members of the United States congress.

DOC 309.04(3)(e) (e) The secretary of the department.

DOC 309.04(3)(f) (f) The administrator of the division.

DOC 309.04(3)(g) (g) The attorney general or an assistant attorney general of Wisconsin.

DOC 309.04(3)(h) (h) An investigative agency of the federal government.

DOC 309.04(3)(i) (i) The clerk or judge of any state or federal court.

DOC 309.04(3)(j) (j) The President of the United States.

DOC 309.04(4) (4) Except as provided in sub. (3), the department shall apply the following restrictions to all inmate correspondence:

DOC 309.04(4)(a) (a) Incoming and outgoing mail may be opened and inspected for contraband. It shall not be delivered if it contains contraband.

DOC 309.04(4)(b) (b) Correctional staff may read mail other than mail specified in sub. (3) in order to ensure the safety of the institution, institution staff, inmates and the general public. If the correspondence is between inmates and concerns joint legal matters, staff shall not read further and staff shall submit the mail for delivery.

DOC 309.04(4)(c) (c) The department may not deliver incoming or outgoing mail if it does any of the following:

DOC 309.04(4)(c)1. 1. Threatens criminal activity or harm to any person.

DOC 309.04(4)(c)2. 2. Threatens blackmail or extortion.

DOC 309.04(4)(c)3. 3. Concerns sending contraband in or out of an institution.

DOC 309.04(4)(c)4. 4. Concerns plans to escape.

DOC 309.04(4)(c)5. 5. Concerns activity that, if completed, would violate the laws of Wisconsin or the United States or the administrative rules of the department.

DOC 309.04(4)(c)6. 6. Is in code.

DOC 309.04(4)(c)7. 7. Solicits gifts from a person other than a family member or a person on the visiting list.

DOC 309.04(4)(c)8. 8. Is “injurious”, meaning material that:

DOC 309.04(4)(c)8.a. a. Is pornography.

DOC 309.04(4)(c)8.b. b. Poses a threat to the security, orderly operation, discipline or safety of the institution.

DOC 309.04(4)(c)8.c. c. Is inconsistent with or poses a threat to the safety, treatment or rehabilitative goals of an inmate.

DOC 309.04(4)(c)8.d. d. Facilitates criminal activity.

DOC 309.04(4)(c)9. 9. Contains information that, if communicated, would create a clear danger of physical or mental harm to any person.

DOC 309.04(4)(c)10. 10. Teaches or advocates illegal activity, disruption, or behavior consistent with a gang or a violent ritualistic group.

DOC 309.04(4)(c)11. 11. Is determined by the warden, on a case by case basis, to interfere with an inmate’s penological interests, goals, or needs.

DOC 309.04(4)(c)12. 12. Is determined by the warden, for reasons other than those listed in this paragraph, to be inappropriate for distribution throughout the institution.

DOC 309.04(4)(d) (d) The security director shall keep a record of any mail that is read, except inmate to inmate mail. The record shall include the name of the sender and receiver, the date, the reason for reading it, and the name of the reader. Inmates shall address questions regarding mail inspection to the security director.

DOC 309.04(4)(e) (e) A record of any mail that is not delivered shall be kept by the security director. It shall include the name of the sender and intended receiver, the date, and the reason for not delivering it.

DOC 309.04(4)(e)1. 1. If it is incoming mail, the letter and a written notice stating why the letter was not delivered shall be sent to the sender, unless the sender was an inmate. The inmate to whom the letter was sent shall be given a written notice that the letter was not delivered and the identity of the sender.

DOC 309.04(4)(e)2. 2. If the letter is outgoing mail, the department shall provide the sender a notice stating why the letter was not delivered. Correctional staff shall dispose of the letter consistent with s. DOC 303.09 (2).

DOC 309.04(4)(f) (f) An inmate may appeal decisions regarding non-delivery of mail to the warden, who shall decide the appeal in accordance with this subsection.

DOC 309.04(4)(g) (g) A record of cash, checks, money orders, and any negotiable instruments shall be made. It shall include the name of the sender and receiver, the amount, and date.

DOC 309.04(4)(h) (h) If the inspection or reading of mail reveals an attempt to send contraband in or out of an institution or to secure delivery of mail that may not be delivered pursuant to par. (c), the security director may order that mail to or from the inmate or sender shall be opened and read for a reasonable period of time.

DOC 309.04(5) (5) Parcels, packages, and any other incoming or outgoing items other than correspondence that are mailed or delivered to an inmate may be opened for inspection for contraband. If, upon opening, the contents are found to be damaged, the inmate should be notified.