DOC 309.39(1)(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.

DOC 309.39(2)(a)(a) The warden shall establish facilities for inmate telephone use.

DOC 309.39(2)(b)(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).

DOC 309.39(2)(c)(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.

DOC 309.39(2)(d)(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.

DOC 309.39(3)(a)(a) Telephone calls not made during the month may not be banked for use at a later date.

DOC 309.39(3)(b)(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).

DOC 309.39(4)(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.

DOC 309.39(6)(a)(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.