In determining whether to approve a group, the superintendent shall:
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;
Consider whether the proposed activities can be accommodated within the available resources of the institution;
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)
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.
The superintendent shall approve or disapprove a request submitted under sub. (4)
within 14 calendar days after receipt of the request.
If the superintendent approves an activity group, he or she shall specify in writing:
Whether persons from outside the institution may participate in the group's meetings or activities, and the maximum number of those persons permitted;
Whether a staff member's presence is required at group meetings and activities;
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
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 superintendent may withdraw approval of an activity group if he or she has reasonable grounds to believe that:
The group has developed a purpose or practice outside the scope of its original charter, constitution or by-laws;
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
The group has violated a statute, administrative rule or institutional policy or procedure.
The superintendent shall notify the activity group in writing of the withdrawal of approval and of the reasons for the withdrawal.
DOC 309.365 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.
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.
The warden shall establish facilities for inmate telephone use.
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)
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.
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.
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.
Telephone calls not made during the month may not be banked for use at a later date.
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.
Calls shall not exceed 6 minutes in duration, without permission.
A corrections officer or supervisor may do all of the following:
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.
Record the date, time, destination, number, duration of a call, and the conversation.
Disclose the contents of a recording of an inmate's telephone conversation to any of the following:
Use the contents of a recording of an inmate's telephone conversation for any of the following reasons:
For investigations of threats to the security of the correctional facility.
For investigations of threats to the safety, health or welfare of employees, the public, and other inmates.
A corrections officer or supervisor may use a recording of an inmate telephone call only for the purposes stated in sub. (6) (d)
During assessment and evaluation an inmate shall be given a notice written in English and Spanish which informs the inmate of the monitoring and recording of any calls. A non-English or non-Spanish speaking inmate shall be provided notice written in the inmate's native language or, if the notice can not be translated, provided orally in the inmate's native language. The inmate shall sign a receipt for the notice or the institution staff member shall note in writing the inmate's receipt of the notice if the inmate declines to sign the receipt.
A written notice in English and Spanish shall be posted on the telephone or near enough to the telephone used by an inmate that the inmate will be able to read the notice when the inmate uses the telephone. The notice shall inform the inmate that a call other than a properly approved call to an attorney shall be monitored and recorded and that the use of the telephone constitutes consent to the monitoring and recording.
In order to preserve the security and orderly management of the institution and to protect the public, the warden may establish policy or procedures subject to the approval of the administrator relating to the use of telephones.
DOC 309.39 History
Cr. Register, October, 1981
. No. 310, eff. 11-1-81; am. (1) and (4), r. and recr. (2), cr. (6) to (10), Register, September, 1995, No. 477
, eff. 10-1-95; renum. from DOC 309.56, Register, September, 1998, No. 513
, eff. 10-1-98.
Each inmate shall be provided with adequate clothing. Inmates are required to maintain this clothing in good condition. Worn clothing shall be exchanged.
Each institution shall make policies relating to wearing personal clothing. These policies must be approved by the administrator of the division of adult institutions.
Inmates shall dress in a clean, neat, and appropriate manner.
DOC 309.40 History
Cr. Register, October, 1981, No. 310
, eff. 11-1-81.
Inmates may call attorneys regarding legal matters with the permission of the appropriate staff member. Such calls may be made regardless of the inmate's security status.
An inmate's telephone calls to an attorney are not subject to the maximum limit in number, and an attorney's name need not be on the inmate's approved visiting list.
An inmate's telephone calls to an attorney shall be made collect unless payments from the inmate's general account is approved.
Staff shall give permission for calls to attorneys for the following reasons:
When there is a statutory time limit that would be missed and the inmate needs to convey information to the attorney.
When it appears to staff that a call to an attorney is in the best interest of the inmate.
DOC 309.405 History
Renum. from DOC 309.57 and am. (4) (a) to (d), Register, September, 1998, No. 513
, eff. 10-1-98.
DOC 309.41 Incoming and emergency calls.