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(h) An investigative agency of the federal government.
(i) An attorney.
(6)Restrictions. Except as provided in sub. (5), the following restrictions apply to all youth correspondence:
(a) Incoming and outgoing mail may not be delivered if it does any of the following:
1. Threatens criminal activity.
2. Threatens or attempts blackmail or extortion.
3. Relates to sending contraband in or out of an institution or contains contraband.
4. Relates to plans to escape.
5. Relates to any gang activity.
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.
7. Is in code.
8. Solicits gifts from a person other than a family member or a person on the visiting list.
9. Is obscene material.
10. Contains information that, if communicated, would create a danger of physical or mental harm to any person.
11. Relates to a contract that the youth is asked to enter into or seeks to enter into.
(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.
(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.
(7)Record.
(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.
(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.
(c) The institution shall maintain a record of items of personal property received through the mail as under s. DOC 379.10.
(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.
(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.
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 379.05Publications.
(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.
(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.
(3) Youth may not possess, receive or read publications that do any of the following:
(a) Teach or advocate violence or hatred.
(b) Present a danger to institution security and order.
(c) Teach or advocate behavior that violates the laws of Wisconsin or the United States or the rules of the department.
(d) Teach or describe the manufacture or use of weapons, explosives, drugs or intoxicating substances.
(e) Meet the definition of obscene material.
(f) Teach or describe the manufacture or use of a device that creates a substantial danger of physical harm to self or others.
(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.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 379.06News media access to youth.
(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.
(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:
(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.
(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.
(c) The youth is in close confinement.
(d) The youth refuses to be interviewed.
(e) The parents of a youth under the age of 18 years object to the interview.
(f) The welfare of the victim, the victim’s family or the community would be jeopardized.
(3) Representatives of the news media may not photograph any youth in a manner that would reveal the identity of the youth.
(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.
(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.
(6) A superintendent may permit anonymous interviews of a youth.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 379.07Visitation.
(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.
(2)Visiting list.
(a) There shall be an approved visitor list for each youth. A youth’s approved visitors list shall show the name, date of birth, address and relationship to the youth of all approved visitors.
(b) Except as otherwise provided in this chapter, only visitors on a youth’s approved list will be permitted to visit the youth. To the extent compatible with program goals and institution needs, a youth shall be permitted to receive visits from close family members. If the superintendent grants prior approval, other relatives, friends, or interested persons may also visit.
(c) Children of the youth and children of approved visitors who have not attained their 18th birthday may visit. Children of the youth and approved visitors may not visit unless they have the written approval of a non-incarcerated custodial parent or guardian or a court order directing the visit. The names of children must appear on the approved visitors’ list. Approved children may visit if accompanied by an approved adult, subject to exceptions that may be granted by the superintendent.
(d) All of the following procedures apply to proposed visitors:
1. A youth or proposed visitor may submit a written request to the superintendent asking that the proposed visitor be added to the list.
2. If additional information is required from a proposed visitor, staff shall send a questionnaire to a proposed visitor for completion and return to the institution. If the questionnaire is not returned, the request may not be approved.
3. If additional information is required from a youth, staff shall request the information from the youth. If the youth fails to provide the needed information, the request may not be approved.
4. A copy of the visiting rules shall be sent to each person on the approved visitors’ list.
5. The superintendent may request a field investigation if further information is necessary.
(e) The superintendent may deny the addition of a person to the approved visitor’s list or remove a person from the approved visitors’ list based on any of the following:
1. The requesting youth provided false or incorrect information or knowingly provided incomplete information.
2. The proposed visitor provided false or incorrect information or knowingly provided incomplete information.
3. There is no signed and dated approval of a non-incarcerated custodial parent or guardian for a proposed visitor less than 18 years of age.
4. There are reasonable grounds to believe that the visitor has attempted to bring contraband into any correctional institution.
5. There are reasonable grounds to believe the visitor poses a threat to the safety and security of visitors, staff, youth or the institution.
6. There are reasonable grounds to believe that the youth’s reintegration into the community or rehabilitation would be hindered.
7. There is a court order prohibiting a visit.
8. There are reasonable grounds to believe that the youth may victimize the proposed visitor or the proposed visitor may victimize the youth.
9. The proposed visitor has been arrested, incarcerated or under correctional supervision within the previous 12 months. Exceptions may be made for close family members under sub. (7).
10. A visitor was approved by mistake or based on inadequate or incorrect information.
11. The proposed visitor is a current or former employee of the department or a person who provided services to the department within the past 12 months and the proposed visitor has violated the department’s policy regarding fraternization.
(f) The superintendent shall also determine, every 60 days, whether visits shall be no-contact visits, based on institution security or any of the following:
1. The visitor has violated department rules or institution policies and procedures relating to visiting at any institution operated by the department.
2. The visitor introduced contraband into any correctional institution, engaged in behavior that threatened the security of any correctional institution or interfered with the rights of others at any correctional institution.
3. The youth has been found guilty of a violation of department rules or institution policies and procedures relating to visiting.
4. The youth has violated s. DOC 373.46 relating to intoxicants and drug paraphernalia.
5. The youth is in close or modified confinement because of a major penalty.
(g) Consistent with available resources and program goals, an institution may place a reasonable limit on the number of persons on a youth’s visitors’ list. Youth shall retain visitors on the visitors’ list for a minimum of 90 days from the date of approval, unless the superintendent waives this provision for cause.
(h) If a person is disapproved by the superintendent for visiting or approved for no contact visiting only, the youth and the person shall be informed of the reasons for the action in writing. A youth may appeal the decision using the complaint procedure in ch. DOC 380. The disapproved person may appeal the decision in writing to the superintendent who shall issue a decision within 15 days of receipt of the appeal and send a copy of the decision to the youth and the disapproved person.
(i) A youth may submit a written request to the superintendent for visits by family members not on the approved visitors list. The superintendent may permit occasional visits by family members not on the approved visiting list and may require notification from the family members in advance of the visits.
(3)Regulation of visits.
(a) Each institution shall develop written policies and procedures relating to youth in the general population concerning all of the following:
1. The time for visits.
2. Weekday, weekend and night visits.
3. The duration of visits.
4. The number or frequency of visits.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.