In voluntary confinement status if that status was requested by the inmate upon the recommendation or approval of the security director for the inmate's personal safety and the inmate was receiving pay immediately prior to the placement in voluntary confinement.
An inmate who is in sick cell status or hospital confinement as a result of injury sustained in a job-related accident shall be compensated at the rate he or she was earning in his or her previous status.
(8) Status changes.
An inmate in temporary lockup shall be compensated at the rate earned in his or her previous status. An inmate in administrative confinement or observation status and eligible for compensation under this section shall receive the rate earned in his or her previous status.
An inmate who has a work or program assignment shall be compensated for the period of any lockdown required for search of an institution pursuant to ch. DOC 306
, unless the lockdown is precipitated by the misconduct of any inmate, in which case, under s. DOC 306.14 (2)
, only those inmates allowed to work to perform necessary housekeeping chores shall be compensated.
DOC 309.55 Note
Note: DOC 306.14 (2) was repealed eff. 8-1-01.
DOC 309.55 History
Cr. Register, October, 1981, No. 310
, eff. 11-1-81; r. and recr. Register, June, 1989, No. 402
, eff. 7-1-89; CR 11-022
: r. (4) (e) 4. to 6., cr. (4) (e) 4., 5. Register September 2014 No. 705
, eff. 1-1-15; correction in (4) (e) 1. made under s. 13.92 (4) (b) 7.
, Stats., Register February 2019 No. 758
DOC 309.61 Religious beliefs and practice. DOC 309.61(1)(a)
The department may not discriminate against an inmate or an inmate group on the basis of the inmate's or group's religious beliefs. The department recognizes that religious beliefs can provide support to inmates which may aid in their adjustment to institutional life and can lead to development of community ties which may aid in the inmates' successful reintegration into the community upon release.
Inmates may pursue lawful religious practices required or encouraged by their respective religions which are consistent with their orderly confinement, the security of the institution and fiscal limitations.
The department may not require inmates to participate in religious activities and may not maintain information concerning an inmate's religious activities other than records required for administrative purposes.
To the extent feasible, institutions shall make facilities and other resources available to inmates for religious practices permitted under sub. (2)
An inmate who wants to participate in religious practices that involve others or that affect the inmate's appearance or institution routines shall submit a written request to the superintendent for permission to participate in specific religious practices. The request shall include a statement that the inmate professes, or adheres to, a particular religion and shall specify the practices of the religion in which the inmate requests permission to participate.
Upon receipt of the request, the superintendent, with the assistance of the chaplain or designated staff person with appropriate religious training, shall determine if the request is motivated by religious beliefs.
In determining whether the request is motivated by religious beliefs, the superintendent may consider:
Whether there is literature stating religious principles that support the beliefs; and
Whether the beliefs are recognized by a group of persons who share common ethical, moral or intellectual views.
In determining whether the request is motivated by religious beliefs, the superintendent may not consider:
If the superintendent determines that the request is not motivated by religious beliefs, he or she shall deny the request.
If the superintendent determines that the request is motivated by religious beliefs, he or she shall grant permission to participate in practices that are consistent with orderly confinement, the security of the institution and fiscal limitations.
The superintendent shall establish guidelines consistent with this section to govern inmate participation in religious practices and the guidelines shall be posted in a conspicuous place or distributed to all inmates.
(3) Religious services and prayers.
To the extent feasible, each superintendent, upon the recommendation of the chaplain or designated staff person with appropriate religious training, shall arrange the institution's schedule so that inmates may attend religious services, pray or meditate at the times prescribed or encouraged by their religion.
The superintendent may employ one or more chaplains to coordinate and supervise the institution's religious programs.
The chaplain shall hold services, provide counseling and provide other pastoral services or shall arrange for other qualified persons to provide these pastoral services.
The chaplain or designated staff person with appropriate religious training shall develop and maintain close relationships with religious resources from outside the institution and shall encourage religious groups from outside the institution to take part in institution religious activities.
The superintendent, upon the recommendation of the chaplain or designated staff person with appropriate religious training, may permit representatives of religious groups from outside the institution to visit inmates, hold services, provide counseling, perform marriages and provide other services commonly provided by chaplains. The superintendent may compensate these representatives.
(5) Religious literature.
Religious literature transmitted through the U.S. mail or otherwise distributed shall be delivered to inmates unless the security director has reasonable grounds to believe that the literature will jeopardize the safety of the institution or that the literature promotes illegal activity.
Inmates may wear garments, religious medals and other symbols required by their religion, unless this interferes with the identification of inmates or the security of the institution.
Upon request of an inmate, the superintendent shall provide the inmate with a list of the contents of each meal in advance of the meal.
To the extent feasible, institutions shall plan meals so that an inmate may maintain a nutritious diet while complying with dietary restrictions prescribed by the inmate's religion.
An institution may accommodate inmate requests for special foods for religious observances.
DOC 309.61 History
Emerg. cr. eff. 6-16-86; cr. Register, January, 1987, No. 373
, eff. 2-1-87.