Chapter DOC 379

DOC 379.03(19) (19) “Obscene material” means a writing, picture, sound recording or film, about which all of the following are true:

DOC 379.03(19)(a) (a) The average person, applying contemporary community standards, would find it appeals to the prurient interest if taken as a whole.

DOC 379.03(19)(b) (b) Under contemporary community standards, describes or shows sexual conduct in a patently offensive way.

DOC 379.03(19)(c) (c) Lacks serious literary, artistic, political, educational or scientific value, if taken as a whole.

DOC 379.03(20) (20) “Parent” has the meaning given in s. 938.02 (13), Stats.

DOC 379.03(21) (21) “Representative of the news media” means any person 18 years old or older who is a credentialed member of the press, including broadcast or print journalism, who visits an institution for the purpose of investigation and reporting.

DOC 379.03(22) (22) “Restitution” means payment owed by a youth to a victim, the court or the department pursuant to s. 938.34 (5) (a) or (8d), Stats.

DOC 379.03(23) (23) “Secretary” means the secretary of the department of corrections or that person’s designee.

DOC 379.03(24) (24) “Special events” means activities beyond regularly scheduled program events, including but not limited to, sporting events, guest speakers, concerts or recognition events.

DOC 379.03(25) (25) “Staff” means an employee of the institution, where a youth is housed.

DOC 379.03(26) (26) “Superintendent” means the superintendent of a type 1 secured correctional facility or that person’s designee.

DOC 379.03(27) (27) “Type 1 secured correctional facility” has the meaning given in s. 938.02 (19), Stats.

DOC 379.03(28) (28) “Type 2 secured correctional facility” has the meaning given in s. 938.02 (20), Stats.

DOC 379.03(29) (29) “Youth” means a person or persons supervised by the department in an institution consistent with the requirements of law, regardless of age.

DOC 379.03 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 379.04 DOC 379.04 Mail.

DOC 379.04(1) (1) Policy. Communication fosters reintegration into the community and the maintenance of family ties. A youth may communicate with government offices, courts, approved family members and other persons concerned with the youth’s welfare as approved by the superintendent and consistent with program needs and the need to protect the public.

DOC 379.04(2) (2) Correspondence list. There shall be an approved correspondence list for each youth. The list shall include the name, date of birth, address, and relationship to the youth for all approved correspondents.

DOC 379.04(2)(b) (b) Except as otherwise provided in this chapter, only individuals on a youth’s approved list will be permitted to correspond with the youth. To the extent compatible with program goals and institution needs, a youth shall be permitted to correspond with close family members. If the superintendent grants prior approval, other relatives, friends, or interested persons may also correspond with the youth.

DOC 379.04(3) (3) Incoming mail.

DOC 379.04(3)(a) (a) Mail addressed to youth shall be promptly delivered, except as provided in this section.

DOC 379.04(3)(b) (b) Incoming mail to a youth, except as provided in sub. (5), may be opened, read and inspected for contraband, if the youth consents in writing to receive mail through institution mail services. Contraband shall not be delivered and shall be returned to the sender, unless it is a violation of the laws of Wisconsin or the United States to possess the contraband, in which case, the contraband shall be disposed of as provided in s. DOC 376.17.

DOC 379.04(3)(c) (c) If a youth does not consent under par. (b), the institution shall return incoming mail addressed to the youth to the post office unopened and marked “refused.”

DOC 379.04(3)(d) (d) If a letter has no return address, it shall be opened, inspected and read to identify the sender and determine if the sender is on the approved correspondence list. If the sender cannot be identified, the mail will be disposed of consistent with institution procedures.

DOC 379.04(3)(e) (e) If incoming mail is not given to the youth, the mail and a written notice stating why the mail was not delivered shall be promptly sent by the superintendent to the sender. The mail and written notice will not be sent if the sender is a youth or an adult under the supervision of or in the custody of the department. The youth to whom the letter was sent shall be given a written notice within 3 working days that the mail was not delivered, the reason for non-delivery and the identity of the sender.

DOC 379.04(4) (4) Outgoing mail.

DOC 379.04(4)(a) (a) At least one letter per week may be sent at department expense. Additional mail may be sent at department expense as authorized by the superintendent. If a youth pays for the postage, additional letters may be sent by the youth.

DOC 379.04(4)(b) (b) Outgoing mail from a youth, except as provided in sub. (5), may be opened, read and inspected for contraband, if the youth consents in writing to send mail through institution mail services. The contraband shall be disposed of as provided in s. DOC 376.17.

DOC 379.04(4)(c) (c) If outgoing mail is not sent, the superintendent shall promptly send a notice to the youth stating why the letter was not sent. The letter will be disposed of consistent with institution procedures.

DOC 379.04(5) (5) Special correspondence. Staff may open and inspect, but not read mail received by youth from or sent by a youth to any of the persons listed below only in the presence of the youth. Staff shall inspect the document to determine if the mail contains contraband. Mail containing contraband shall be confiscated. This subsection applies to mail clearly identifiable as being from or to one or more of the following parties:

DOC 379.04(5)(a) (a) The governor of Wisconsin.

DOC 379.04(5)(b) (b) Members of the legislature.

DOC 379.04(5)(c) (c) Members of the United States congress or the president of the United States.

DOC 379.04(5)(d) (d) The secretary.

DOC 379.04(5)(e) (e) Department staff acting within their official capacity.

DOC 379.04(5)(f) (f) The attorney general of Wisconsin or an assistant attorney general of Wisconsin.

DOC 379.04(5)(g) (g) The clerk or judge of any state or federal court.

DOC 379.04(5)(h) (h) An investigative agency of the federal government.

DOC 379.04(5)(i) (i) An attorney.

DOC 379.04(6) (6) Restrictions. Except as provided in sub. (5), the following restrictions apply to all youth correspondence:

DOC 379.04(6)(a) (a) Incoming and outgoing mail may not be delivered if it does any of the following:

DOC 379.04(6)(a)1. 1. Threatens criminal activity.

DOC 379.04(6)(a)2. 2. Threatens or attempts blackmail or extortion.

DOC 379.04(6)(a)3. 3. Relates to sending contraband in or out of an institution or contains contraband.

DOC 379.04(6)(a)4. 4. Relates to plans to escape.

DOC 379.04(6)(a)5. 5. Relates to any gang activity.

DOC 379.04(6)(a)6. 6. Relates to activity that, if completed, would violate the laws of Wisconsin or of the United States or the administrative rules of the department.

DOC 379.04(6)(a)7. 7. Is in code.

DOC 379.04(6)(a)8. 8. Solicits gifts from a person other than a family member or a person on the visiting list.

DOC 379.04(6)(a)9. 9. Is obscene material.

DOC 379.04(6)(a)10. 10. Contains information that, if communicated, would create a danger of physical or mental harm to any person.

DOC 379.04(6)(a)11. 11. Relates to a contract that the youth is asked to enter into or seeks to enter into.

DOC 379.04(6)(b) (b) Mail shall not be delivered to a youth or sent by a youth if the sender or recipient is not on the approved correspondence list for the youth. Mail to or from a person not on the approved correspondence list shall be returned to the sender or disposed of consistent with institution procedures.

DOC 379.04(6)(c) (c) The department shall obtain written approval from the parents or guardian of a person under 18 years of age with whom a youth requests permission to correspond. If the parents or guardian approve, correspondence may be permitted. If the parents or guardian do not approve, permission to correspond shall be denied. A youth may not correspond with another youth in an institution.

DOC 379.04(7) (7) Record.

DOC 379.04(7)(a) (a) The superintendent shall keep a record of any mail that is not delivered to the youth or mailed from the institution. It shall include the name of the youth, and the sender or recipient, the date, and the reason for non-delivery or failure to mail.

DOC 379.04(7)(b) (b) A record of cash, incoming checks, money orders and any negotiable instruments shall be kept by the institution. The record shall include the name of the sender, name and identifying number of the receiving youth, the amount and date received.

DOC 379.04(7)(c) (c) The institution shall maintain a record of items of personal property received through the mail as under s. DOC 379.10.

DOC 379.04(8) (8) Appeal. A youth may appeal a decision under this section within 10 days of receipt of the written notice to not deliver incoming or mail outgoing mail. The appeal shall be in writing to the superintendent.

DOC 379.04(9) (9) Violation. If a youth or a member of the public is alleged to have committed a violation under this section or institution policies and procedures, the superintendent may take disciplinary action under ch. DOC 373. If a violation occurred, the superintendent may suspend the youth’s mail privileges with the person involved in the violation for a specified period of time based upon the severity of the violation and the record of prior violations, if any. A youth may file a complaint under ch. DOC 380 regarding suspension of mail privileges under this subsection.

DOC 379.04 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (4) (b) and (6) (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2000, No. 534.

DOC 379.05 DOC 379.05 Publications.

DOC 379.05(1) (1) Youth are permitted and encouraged to read. Reading fosters correctional objectives by educating youth and keeping them informed of events and issues in the community. The department shall facilitate youth reading of publications, including books, magazines, newspapers and pamphlets consistent with correctional objectives and youth program objectives.

DOC 379.05(2) (2) The superintendent may create an approved list for youth subscriptions that shall be made available to all youth. A youth may request that the superintendent add publications to the approved list. Youth shall not receive publications that are not on the approved list. Youth must receive publications directly from the publisher and the youth must have sufficient resources to pay for the publications.

DOC 379.05(3) (3) Youth may not possess, receive or read publications that do any of the following:

DOC 379.05(3)(a) (a) Teach or advocate violence or hatred.

DOC 379.05(3)(b) (b) Present a danger to institution security and order.

DOC 379.05(3)(c) (c) Teach or advocate behavior that violates the laws of Wisconsin or the United States or the rules of the department.

DOC 379.05(3)(d) (d) Teach or describe the manufacture or use of weapons, explosives, drugs or intoxicating substances.

DOC 379.05(3)(e) (e) Meet the definition of obscene material.

DOC 379.05(3)(f) (f) Teach or describe the manufacture or use of a device that creates a substantial danger of physical harm to self or others.

DOC 379.05(4) (4) If a publication is not delivered under sub. (2) or (3), the superintendent shall notify the youth within 3 working days that the publication will not be delivered and the reason it will not be delivered. The youth may file a complaint under ch. DOC 380 regarding the failure to deliver a publication under this section.

DOC 379.05 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 379.06 DOC 379.06 News media access to youth.

DOC 379.06(1) (1) It is the policy of the department to permit visits to correctional institutions by representatives of the news media. Visits and interviews by representatives of the news media with staff and youth can foster the public’s understanding of the qualities, problems and needs of youth and institutions. That understanding helps to develop community acceptance and support of correctional objectives which enhances the achievement of those objectives, including reintegration into the community.

DOC 379.06(2) (2) If a representative of the news media requests an opportunity to interview a youth, the superintendent may permit the interview consistent with institution needs and program needs of the youth. The superintendent shall obtain parental or guardian approval for a youth under the age of 18 before the interview. An interview may be refused if any of the following occur:

DOC 379.06(2)(a) (a) The superintendent determines that an interview will jeopardize or be detrimental to the safety or order of the institution or the welfare or program of a youth.

DOC 379.06(2)(b) (b) The clinical services supervisor believes that the youth has emotional problems which are likely to be exacerbated by an interview or believes the youth is mentally ill.

DOC 379.06(2)(c) (c) The youth is in close confinement.

DOC 379.06(2)(d) (d) The youth refuses to be interviewed.

DOC 379.06(2)(e) (e) The parents of a youth under the age of 18 years object to the interview.

DOC 379.06(2)(f) (f) The welfare of the victim, the victim’s family or the community would be jeopardized.

DOC 379.06(3) (3) Representatives of the news media may not photograph any youth in a manner that would reveal the identity of the youth.

DOC 379.06(4) (4) All visits and interviews conducted under this section are subject to specific policies and procedures of the superintendent as to time, location, length, staff presence and the equipment used. The superintendent may terminate an interview consistent with this chapter at any time.

DOC 379.06(5) (5) All representatives of the news media who are granted interviews under this section shall sign a prior written agreement not to reveal the identity of any youth or to disclose information that would lead to the youth’s identity.

DOC 379.06(6) (6) A superintendent may permit anonymous interviews of a youth.

DOC 379.06 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 379.07 DOC 379.07 Visitation.

DOC 379.07(1) (1) Policy. The department shall administer a visiting program that regulates visitation of youth by family members and other persons consistent with program goals and resources available, the department’s responsibility for the secure and orderly operation of institutions, public safety and the protection of visitors, staff and youth.