Wisconsin Administrative Code › Department of Corrections › Chapter DOC 379 - Living conditions for youth in Type 1 secured correctional facilities › Section DOC 379.07 - Visitation

Current through June 24, 2024
(1) POLICY. The department shall administer a
			 visiting program that regulates visitation of youth by family members and other
			 persons consistent with program goals and resources available, the department's
			 responsibility for the secure and orderly operation of institutions, public
			 safety and the protection of visitors, staff and youth.
(2) VISITING LIST.
(a) There shall be an approved visitor list
			 for each youth. A youth's approved visitors list shall show the name, date of
			 birth, address and relationship to the youth of all approved
			 visitors.
(b) Except as otherwise
			 provided in this chapter, only visitors on a youth's approved list will be
			 permitted to visit the youth. To the extent compatible with program goals and
			 institution needs, a youth shall be permitted to receive visits from close
			 family members. If the superintendent grants prior approval, other relatives,
			 friends, or interested persons may also visit.
(c) Children of the youth and children of
			 approved visitors who have not attained their 18th birthday may visit. Children
			 of the youth and approved visitors may not visit unless they have the written
			 approval of a non-incarcerated custodial parent or guardian or a court order
			 directing the visit. The names of children must appear on the approved
			 visitors' list. Approved children may visit if accompanied by an approved
			 adult, subject to exceptions that may be granted by the
			 superintendent.
(d) All of the
			 following procedures apply to proposed visitors:
1. A youth or proposed visitor may submit a
			 written request to the superintendent asking that the proposed visitor be added
			 to the list.
2. If additional
			 information is required from a proposed visitor, staff shall send a
			 questionnaire to a proposed visitor for completion and return to the
			 institution. If the questionnaire is not returned, the request may not be
			 approved.
3. If additional
			 information is required from a youth, staff shall request the information from
			 the youth. If the youth fails to provide the needed information, the request
			 may not be approved.
4. A copy of
			 the visiting rules shall be sent to each person on the approved visitors'
			 list.
5. The superintendent may
			 request a field investigation if further information is necessary.
(e) The superintendent may deny
			 the addition of a person to the approved visitor's list or remove a person from
			 the approved visitors' list based on any of the following:
1. The requesting youth provided false or
			 incorrect information or knowingly provided incomplete information.
2. The proposed visitor provided false or
			 incorrect information or knowingly provided incomplete information.
3. There is no signed and dated approval of a
			 non-incarcerated custodial parent or guardian for a proposed visitor less than
			 18 years of age.
4. There are
			 reasonable grounds to believe that the visitor has attempted to bring
			 contraband into any correctional institution.
5. There are reasonable grounds to believe
			 the visitor poses a threat to the safety and security of visitors, staff, youth
			 or the institution.
6. There are
			 reasonable grounds to believe that the youth's reintegration into the community
			 or rehabilitation would be hindered.
7. There is a court order prohibiting a
			 visit.
8. There are reasonable
			 grounds to believe that the youth may victimize the proposed visitor or the
			 proposed visitor may victimize the youth.
9. The proposed visitor has been arrested,
			 incarcerated or under correctional supervision within the previous 12 months.
			 Exceptions may be made for close family members under sub. (7).
10. A visitor was approved by mistake or
			 based on inadequate or incorrect information.
11. The proposed visitor is a current or
			 former employee of the department or a person who provided services to the
			 department within the past 12 months and the proposed visitor has violated the
			 department's policy regarding fraternization.
(f) The superintendent shall also determine,
			 every 60 days, whether visits shall be no-contact visits, based on institution
			 security or any of the following:
1. The
			 visitor has violated department rules or institution policies and procedures
			 relating to visiting at any institution operated by the department.
2. The visitor introduced contraband into any
			 correctional institution, engaged in behavior that threatened the security of
			 any correctional institution or interfered with the rights of others at any
			 correctional institution.
3. The
			 youth has been found guilty of a violation of department rules or institution
			 policies and procedures relating to visiting.
4. The youth has violated s.
			 DOC
			 373.46 relating to intoxicants and drug
			 paraphernalia.
5. The youth is in
			 close or modified confinement because of a major penalty.
(g) Consistent with available resources and
			 program goals, an institution may place a reasonable limit on the number of
			 persons on a youth's visitors' list. Youth shall retain visitors on the
			 visitors' list for a minimum of 90 days from the date of approval, unless the
			 superintendent waives this provision for cause.
(h) If a person is disapproved by the
			 superintendent for visiting or approved for no contact visiting only, the youth
			 and the person shall be informed of the reasons for the action in writing. A
			 youth may appeal the decision using the complaint procedure in ch. DOC 380. The
			 disapproved person may appeal the decision in writing to the superintendent who
			 shall issue a decision within 15 days of receipt of the appeal and send a copy
			 of the decision to the youth and the disapproved person.
(i) A youth may submit a written request to
			 the superintendent for visits by family members not on the approved visitors
			 list. The superintendent may permit occasional visits by family members not on
			 the approved visiting list and may require notification from the family members
			 in advance of the visits.