Chapter DOC 379

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.

DOC 379.07(2) (2) Visiting list.

DOC 379.07(2)(a) (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.

DOC 379.07(2)(b) (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.

DOC 379.07(2)(c) (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.

DOC 379.07(2)(d) (d) All of the following procedures apply to proposed visitors:

DOC 379.07(2)(d)1. 1. A youth or proposed visitor may submit a written request to the superintendent asking that the proposed visitor be added to the list.

DOC 379.07(2)(d)2. 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.

DOC 379.07(2)(d)3. 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.

DOC 379.07(2)(d)4. 4. A copy of the visiting rules shall be sent to each person on the approved visitors’ list.

DOC 379.07(2)(d)5. 5. The superintendent may request a field investigation if further information is necessary.

DOC 379.07(2)(e) (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:

DOC 379.07(2)(e)1. 1. The requesting youth provided false or incorrect information or knowingly provided incomplete information.

DOC 379.07(2)(e)2. 2. The proposed visitor provided false or incorrect information or knowingly provided incomplete information.

DOC 379.07(2)(e)3. 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.

DOC 379.07(2)(e)4. 4. There are reasonable grounds to believe that the visitor has attempted to bring contraband into any correctional institution.

DOC 379.07(2)(e)5. 5. There are reasonable grounds to believe the visitor poses a threat to the safety and security of visitors, staff, youth or the institution.

DOC 379.07(2)(e)6. 6. There are reasonable grounds to believe that the youth’s reintegration into the community or rehabilitation would be hindered.

DOC 379.07(2)(e)7. 7. There is a court order prohibiting a visit.

DOC 379.07(2)(e)8. 8. There are reasonable grounds to believe that the youth may victimize the proposed visitor or the proposed visitor may victimize the youth.

DOC 379.07(2)(e)9. 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).

DOC 379.07(2)(e)10. 10. A visitor was approved by mistake or based on inadequate or incorrect information.

DOC 379.07(2)(e)11. 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.

DOC 379.07(2)(f) (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:

DOC 379.07(2)(f)1. 1. The visitor has violated department rules or institution policies and procedures relating to visiting at any institution operated by the department.

DOC 379.07(2)(f)2. 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.

DOC 379.07(2)(f)3. 3. The youth has been found guilty of a violation of department rules or institution policies and procedures relating to visiting.

DOC 379.07(2)(f)4. 4. The youth has violated s. DOC 373.46 relating to intoxicants and drug paraphernalia.

DOC 379.07(2)(f)5. 5. The youth is in close or modified confinement because of a major penalty.

DOC 379.07(2)(g) (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.

DOC 379.07(2)(h) (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.

DOC 379.07(2)(i) (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.

DOC 379.07(3) (3) Regulation of visits.

DOC 379.07(3)(a) (a) Each institution shall develop written policies and procedures relating to youth in the general population concerning all of the following:

DOC 379.07(3)(a)1. 1. The time for visits.

DOC 379.07(3)(a)2. 2. Weekday, weekend and night visits.

DOC 379.07(3)(a)3. 3. The duration of visits.

DOC 379.07(3)(a)4. 4. The number or frequency of visits.

DOC 379.07(3)(a)5. 5. The number of visitors permitted on each visit.

DOC 379.07(3)(a)6. 6. Immediate termination of a visit for a violation of laws of the United States or of the state of Wisconsin, department rules or institution policies and procedures.

DOC 379.07(3)(a)7. 7. Items which may be brought into the institution during a visit.

DOC 379.07(3)(a)8. 8. The place of visits.

DOC 379.07(3)(a)9. 9. No-contact visiting.

DOC 379.07(3)(b) (b) Institutions may require visitors of any age to provide picture identification or other identification before permitting the visit.

DOC 379.07(3)(c) (c) Each institution shall develop written policies and procedures which may limit visitation for youth in major penalty status by issuing restrictions concerning specific visitors, visitors under the age of 18 years, number of visitors, and the hours for and the location of visits. Each institution shall permit a youth in a major penalty status to visit at least 1 hour per week.

DOC 379.07(3)(d) (d) Each institution shall provide visiting access on weekends and some weekdays and evenings consistent with scheduled activities and available resources.

DOC 379.07(3)(e) (e) Each institution shall permit a youth in the general institution population to have visits at least six hours per week in visits of such duration as the institution specifies under par. (a).

DOC 379.07(3)(f) (f) Specific policies adopted under this section may include requirements necessary to manage the visiting population within the physical space and staff limitations of each institution.

DOC 379.07(4) (4) Visits to youth on control status or observation status. Visits to youth on control status under s. DOC 373.82 (2) or observation status under ch. DOC 375 require the approval of the superintendent.

DOC 379.07(5) (5) Special visits.

DOC 379.07(5)(a) (a) Public officials and members of private or public organizations who provide services to youth may visit with the approval of the superintendent. Prior arrangements for the visits shall be made with the superintendent to minimize interference with normal operations and activities. The superintendent may limit the number of visitors, visits and the duration of visits and restrict visitors to certain areas of the institution for security reasons.

DOC 379.07(5)(b) (b) Attorneys, attorney assistants, approved law students and legal interns shall be permitted to visit their clients to provide professional services with the approval of the superintendent, consistent with institution security. The visits shall not count against the allowable number or hours of visits for a youth.

DOC 379.07(6) (6) No contact visiting. The superintendent may impose no-contact visiting in response to an initial application to visit or upon subsequent review of the visiting status of a youth or visitor, consistent with sub. (2) (f).

DOC 379.07(7) (7) Inter-institution visits by family members. The superintendent may approve visits between a youth and the youth’s spouse, and between parents and children who are confined in a prison or another type 1 secured correctional facility within the state of Wisconsin. The criteria for approval are the same as for other visitors under this section.

DOC 379.07(8) (8) Contact during visits.

DOC 379.07(8)(a) (a) Visitors are required to obey the laws of the United States and the state of Wisconsin, the department’s rules and policies and procedures of the institution relating to visiting.

DOC 379.07(8)(b) (b) Only physical contact approved by the superintendent is permitted.

DOC 379.07(8)(c) (c) Youth and visitors may not pass or exchange items during a visit, unless the superintendent gives prior approval.

DOC 379.07(9) (9) Suspension or termination of visiting privileges.

DOC 379.07(9)(a) (a) The superintendent may suspend or terminate visiting privileges for a violation of the laws of the United States or the state of Wisconsin, the department’s rules or those institution policies and procedures of which a youth or visitor had actual or constructive notice, consistent with s. DOC 373.65 (3) (a) and (b), subject to the following: