Wisconsin Administrative Code › Department of Corrections › Chapter DOC 309 - Resources For Inmates › Appendix - APPENDIX

Current through June 24, 2024
Note:
				DOC
				309.06
. Although visitation serves several
				important corrections objectives: maintenance of family and community ties,
				maintenance of morale and motivation of inmates, opportunity for the exchange
				of ideas and information, the department must regulate visitation of inmates
				consistent with resources, security and orderly operation of
				institutions.
Note:
				DOC
				309.07.
DOC 309.07
				requires visitors as well as inmates to obey visiting rules.
Note:
				DOC
				309.08.
DOC
				309.08 regulates visitation and the criteria for
				approval to visit. Each inmate is to have an approved visiting list. It may
				have only 12 people on it because institutions cannot accommodate unlimited
				numbers of visitors. Setting a limit by number has the virtue of permitting a
				substantial number of family visitors for those who desire them and of
				permitting people without family to include a substantial number of friends. It
				is an easier system to administer and, on the whole, seems fairer. It leaves to
				the inmate the choice of who may visit.
People who have not attained their 18th birthday who are the
				children of visitors or the inmate do not count against the 12. This is to
				enlarge the number of visitors and for the convenience of visitors. Children
				who have not attained the age of 18 are required to have written approval of a
				non-incarcerated custodial parent or legal guardian or there is a court order
				directing the visit.
Subsection (1) (d) is to prevent hardship to inmates with large
				families. This exception to the limit of 12 requires that only close family
				members be on the visiting list.
Subsection (1) (d) requires inmates to provide accurate and
				complete information. Under sub. (4), the warden, in determining whether to
				approve visitation, is required to consider whether the inmate has provided
				falsified, incorrect, or incomplete information.
In determining whether to approve visitation, sub. (1) (d)
				permits staff to acquire and utilize information from other sources other than
				that provided by the inmate.
Subsection (1) (f) is to limit the administrative burden that
				results from frequent changes of visitors on the list.
Subsection (3) permits the warden to place other limits on
				visitations, including, the number of visits, visitors, or the time or duration
				of visits.
Subsection (4) states the criteria for a warden approving or
				removing a person from a visiting list.
The purpose of sub. (6) is to make known to non-approved or
				no-contact visitors and inmates the reasons for non-approval or no-contact
				visiting and to permit review of the decision.
An example is the best way to illustrate what is contemplated
				under sub. (8). An inmate may have a relative in California who visits
				Wisconsin once a year. Such a person may be allowed to visit the inmate without
				being added to the inmate's visiting list.
Note:
				DOC
				309.09.
DOC
				309.09 regulates some aspects of visiting by requiring
				institutions to make policies and procedures. Flexibility is needed in the
				rules relating to visitation because of the great differences among
				institutions. For example, at maximum security institutions with large
				populations, visitation can be during daytime, nighttime, and weekends, to
				accommodate the large numbers of visitors, the difficulty some visitors have
				getting to institutions except at night and on weekends, and the need to avoid
				unnecessary disruption of correctional programs.
On the other hand, some correctional centers are in remote
				areas of the state. The majority of inmates are working in the community during
				the day, and the camps are not heavily staffed. Therefore, visitation is
				feasible only on weekends and by special arrangement.
For the above reasons, the rules simply direct each institution
				to make policies and procedures and set some minimal requirements. In some
				cases, no change in present policy is necessary.
Subsection (3) requires the opportunity for a minimum of 9
				hours of visitation per week per inmate in general population. Subsection (4)
				requires the opportunity for a minimum of one hour of visitation per week for
				inmate in segregation, except for the inmate in controlled segregation or
				observation. Visitation for inmates in controlled segregation and observation
				requires the approval of the warden.
Note:
				DOC
				309.10.
DOC
				309.10 regulates visits by state officials, groups,
				attorneys, and clergy.
It is important that state officials and the public have access
				to correctional institutions. Such access develops an understanding of the
				correctional process, dispels misconceptions, and encourages the exchange of
				ideas and information among leaders and members of the public, inmates, and
				correctional staff. Such visits are not subject to the restrictions under
				DOC
				309.09, but advance notice is necessary to accommodate
				groups. Such visitors should have virtually unlimited access to institutions,
				unless a security problem dictates that the visit be limited. Staff and
				visitors should also be sensitive to the inmates' desire for privacy and try to
				be as unobtrusive as possible.
Attorneys and clergy are permitted access to their clients any
				time during business hours. No attempt is made to define "clergy."
				Superintendents are now making the decision as to who should be admitted based
				on the activity that ensues, not on the credentials of the leader of the
				activity. This same access is accorded law students and aides who have written
				authorization from their referring attorney.
Pell v. Procunier, 417
				U.S. 817 (1974)
. In emergencies, efforts should be made to allow
				lawyers and clergy to visit outside of business hours. Advance notice is
				desirable though not always possible. Of course, visits by attorneys, clergy,
				law students, and attorneys' aides do not count against allowable visitation
				hours.
This section is consistent with present policy and in
				substantial agreement with the ABA, standards 6.2 (d) and (f), and
				substantially satisfies ACA, standard 4306.
Note:
				DOC
				309.11.
No-contact visiting refers to the
				inability of the inmate and visitor to physically touch during a visit.
				DOC
				309.11(1) states the policy for
				no-contact visits. The need to decrease the risk to the security of the
				institution may require such action.
Subsection (2) permits the warden to impose no-contact visiting
				based on criteria in s. DOC 309.98(4). No-contact visiting may be imposed up to
				a year. After the year, the inmate or visitor may request a review of the
				no-contact visiting.
Subsection (3) permits the security director or adjustment
				committee to impose no-contact visiting if the inmate is found guilty of
				violation of administrative rules, institution policies or procedures, or a
				violation of the listed rules. Sub. (6) permits no-contact visiting for up to a
				year if imposed by the adjustment committee and appealed to the warden.
Under sub. (4), if no-contact visiting is imposed on an inmate
				or a visitor, no-contact visits may apply to all visitors of the inmate and to
				all visits. Under sub. (5), if no-contact visiting is imposed on a visitor, it
				applies to all visits.
Subsection (8) permits no-contact visiting to be imposed for
				the period of time an inmate is in segregation.
Note:
				DOC
				309.12.
DOC
				309.12(2) provides for the
				termination, suspension, or rescission of visiting privileges for violations of
				administrative rules or institution policies or procedures relating to
				visiting.