Wisconsin Legislature: DOC 309.365(4)(h)

(e) The length of an inmate’s fingernails may not exceed the end of the inmate’s fingertips.

(f) Use of hair pins, barrettes, or curlers are permitted under such policies and procedures established by the warden. These policies and procedures shall be in writing.

(g) An institution may require new identification photographs of any inmate whose appearance changes.

History: Cr. Register, October, 1981, No. 310, eff. 11-1-81; renum. from DOC 309.38 and am. (3) (d) and (f), cr. (3) (b), (e) and (g), Register, November, 1997, No. 503, eff. 12-1-97.

DOC 309.245 Maintaining orderly and clean living quarters.

(1) An inmate shall keep assigned quarters neat and clean. Institution staff shall make necessary cleaning materials available to the inmate for this purpose.

(2) Bed sheets, pillow cases, and towels shall be changed at least once a week. Each inmate shall be provided with a standard issue of blankets and similar items necessary for physical comfort. The inmate shall take proper care of these items.

(3) The warden may establish other appropriate specific policies and procedures to ensure the maintenance of clean quarters to maintain institution health and safety. These policies and procedures shall be in writing.

History: Cr. Register, November, 1997, No. 503, eff. 12-1-97; renum. from s. DOC 309.255 under s. 13.93 (2m) (b) 1., Stats., Register, January, 2000, No. 529, eff. 2-1-00.

DOC 309.36 Leisure time activities.

(1) The department shall provide as much leisure time activity as possible for inmates, consistent with available resources and scheduled programs and work. Leisure time activity is free time outside the cell or room during which the inmate may be involved in activities such as recreational reading, sports, film and television viewing, and handicrafts.

(2) Each institution shall permit inmates to participate in leisure time activities for at least 4 hours per week. Institutions with the facilities to permit more leisure time activity should do so.

History: Cr. Register, October, 1981, No. 310, eff. 11-1-81.

DOC 309.365 Inmate activity groups.

(1) Definitions. In this section:

(a) “Activity group” means a group of inmates organized to promote educational, social, cultural, religious, recreational or other lawful leisure time activities.

(b) “Inmate union” means an organization of inmates formed for the sole purpose of serving the inmates’ collective interest with respect to conditions of confinement issues such as inmate wages, working conditions, housing conditions, programming and services.

(2) Approval required.

(a) With the exception of organizational activities approved by the superintendent under sub. (3), no group of inmates may refer to itself by a collective name, conduct meetings or engage in any organized activity which promotes identification with a particular group unless the group has been approved by the superintendent under sub. (5).

(b) With the exception of organizational activities approved by the superintendent under sub. (3), no individual inmate or other person from inside or outside the institution may attempt to carry out organized activities within an institution which promote identification with a particular group unless the group has been approved under sub. (5).

(3) Approval of organizational activities. A group of inmates or an inmate on behalf of a group may submit a written request to the superintendent for permission to engage in organizational activities necessary to formulate a request for approval as an activity group under sub. (4). The request submitted under this subsection shall state the objectives and proposed activities of the proposed activity group and the activities necessary to formulate a request for approval under sub. (4). Using the criteria listed in sub. (5) (b) 1., the superintendent shall determine within 14 calendar days after receipt of the request whether to permit the requested organizational activities.

(4) Requests for approval. A group of inmates or an inmate on behalf of a group may submit a written request to the superintendent for approval as an activity group. The request shall include:

(a) The name of the group;

(b) The group’s mailing address and phone number, if other than that of the institution;

(d) The group’s objectives and proposed activities;

(e) The inmate population the group intends to include;

(f) The group’s charter, constitution or by-laws, or all 3 documents;

(g) The institutional services and resources, such as staff time or meeting rooms, needed for the group’s activities; and

(h) The anticipated length and frequency of group meetings or activities.

(5) Criteria for approval of groups.

(a) The decision to approve a group as an activity group rests solely with the superintendent.

(b) In determining whether to approve a group, the superintendent shall:

1. Consider whether the objectives of the group promote educational, social, cultural, religious, recreational or other lawful leisure time interests of the inmates who will participate in the group’s activities;

2. Consider whether the proposed activities can be accommodated within the available resources of the institution;

3. Balance the benefits of the group’s activities and services against the necessary allocation of staff time and institution resources to the group. The consideration of the group’s benefits to inmates is subject to s. DOC 309.61 (1) (a).

4. Consider whether the activities, services or benefits offered by the group are adequately provided by existing programs, groups or resources readily available to the inmate population.

1. An inmate union; or

2. A group that he or she has reasonable grounds to believe is a security threat group, as defined in s. DOC 303.02 (30).

(d) The superintendent shall approve or disapprove a request submitted under sub. (4) within 14 calendar days after receipt of the request.

(e) If the superintendent approves an activity group, he or she shall specify in writing:

1. The types of activities the group may undertake;

2. The times at which the group may hold its meetings and activities;

3. The places where the group may hold its meetings and activities;

4. The maximum number of members of the group;

5. Whether persons from outside the institution may participate in the group’s meetings or activities, and the maximum number of those persons permitted;

6. The name of the staff member assigned as advisor to the group;

7. Whether a staff member’s presence is required at group meetings and activities;

8. Whether the group is required to provide the superintendent with an agenda prior to meetings, minutes of its meetings, and a list of inmates and other persons who attend its meetings; and

9. Whether the group is required to provide the superintendent with an up-to-date list of group members.

(6) Institutional policies. Each superintendent shall establish written policies which cover:

(a) Money-making activities by groups;

(b) Group membership dues;

(d) The responsibilities of staff advisors to groups; and

(e) Fiscal responsibility requirements of groups.

(7) Withdrawal of approval.

(a) A superintendent may withdraw approval of an activity group if he or she has reasonable grounds to believe that:

1. The group has created a disturbance as defined in s. DOC 306.22;

2. The group poses a threat to the order and security of the institution;

3. The group has developed a purpose or practice outside the scope of its original charter, constitution or by-laws;

4. The group’s purposes and activities no longer provide benefits to inmates which, on balance, warrant the staff time and institution resources which must be allocated to the group; or

5. The group has violated a statute, administrative rule or institutional policy or procedure.

(b) The superintendent shall notify the activity group in writing of the withdrawal of approval and of the reasons for the withdrawal.

History: Emerg. cr. eff. 12-5-86; cr. Register, June, 1987, No. 378, eff. 7-1-87; CR 11-022: am. (5) (c) 2. Register September 2014 No. 705, eff. 1-1-15.

DOC 309.39 Inmate telephone calls.

(1) The department shall encourage communication between an inmate and an inmate’s family, friends, government officials, courts, and people concerned with the welfare of the inmate. Communication fosters reintegration into the community and the maintenance of family ties. It helps to motivate the inmate and thus contributes to morale and to the security of the inmate and staff. A telephone shall be used in a lawful manner.

(2)

(a) The warden shall establish facilities for inmate telephone use.

(b) An inmate who wishes to use an institution telephone shall use a telephone provided for inmate telephone calls, shall comply with these rules, and shall comply with institution policies and procedures established under sub. (10).

(c) An inmate may be permitted to phone individuals of the inmate’s choice who are on the approved visiting list as provided under s. DOC 309.12 and others as provided in this chapter.

(d) An inmate may make a properly placed telephone call to an attorney. For the purposes of this section, “properly placed” means an inmate telephone call to an attorney placed in compliance with this section, these rules, and the procedures of the institution.

(3) Each inmate shall be permitted to make a minimum of one telephone call per month. Where resources permit, more than one telephone call may be allowed and is encouraged.

(a) Telephone calls not made during the month may not be banked for use at a later date.

(b) The inmate may be prohibited from calling if in segregated status, but may be permitted to make calls under s. DOC 309.405 or 309.41 (2).

(4) All calls shall be made collect unless payment from the inmate’s general account is approved. Third party billing or electronic transfer of an inmate’s call to a third party is not permitted. The inmate is responsible for any misuse of the telephone subject to this section and the policies and procedures established by the administrator of the division of adult institutions or by the warden, relating to the use of telephones. The warden shall refer an incident of unlawful telephone use by an inmate to appropriate law enforcement authority.

(5) Calls shall not exceed 6 minutes in duration, without permission.

(6) A corrections officer or supervisor may do all of the following:

(a) Monitor and record an inmate’s phone call. A corrections officer or supervisor may not knowingly monitor or record a properly placed telephone call to an attorney. For the purpose of this paragraph, “knowingly” means that the corrections officer or supervisor is aware that the inmate has obtained approval from the appropriate staff member for the telephone call to an attorney or the telephone number which the inmate calls is the inmate’s attorney telephone number or that during a monitored telephone conversation the corrections officer or supervisor becomes aware that the call is a telephone call to an attorney. For the purpose of this paragraph, “attorney” means the inmate’s lawyer of record or an attorney with whom the inmate has a client-attorney relationship or an attorney with whom the inmate seeks to establish a client-attorney relationship. A telephone call to an attorney which is recorded under this section shall be considered privileged to the extent provided under s. 905.03, Stats., and shall not be disclosable under s. 19.35, Stats. Upon learning that a telephone call to an attorney was monitored or recorded, the warden of the institution which monitored or recorded the telephone call shall notify the pertinent inmate and the attorney that the telephone call was monitored or recorded.

(b) Record the date, time, destination, number, duration of a call, and the conversation.

1. A member of the adjustment committee.

2. The director of the office of offender classification.

3. The warden.

4. The administrator of the division of adult institutions.

5. The secretary of the department of corrections.

6. An investigative officer.

7. A law enforcement officer.