Wisconsin Administrative Code › Department of Corrections › Chapter DOC 376 - Security in Type 1 secured correctional facilities › Section DOC 376.17 - Seizure and disposal of contraband

Current through June 24, 2024
(1) Staff who
			 reasonably believe that an item is contraband may seize the item. Items seized
			 shall be sent to the superintendent accompanied by the written report required
			 under ss.
			 DOC
			 376.13(4) and
			 376.14(7). Items
			 that are not contraband shall be returned to the owner consistent with
			 institution policy and procedure. Contraband shall be returned to the owner,
			 given to the sheriff or local law enforcement agency or disposed of in
			 accordance with this section.
(2)
			 If staff writes a conduct report, as defined in s.
			 DOC
			 373.03(4), the superintendent shall
			 determine the manner of disposal of contraband under sub. (3) after completion
			 of a disciplinary hearing under s.
			 DOC
			 373.73.
(3) Disposal of contraband shall be
			 accomplished in one of the following ways:
(a) Except as otherwise provided in this
			 subsection, if the owner can be determined, the superintendent may direct that
			 the contraband be returned to the owner. Contraband may not be returned to a
			 youth unless its return is consistent with this section and the institution's
			 policies and procedures.
(b)
			 Property that is unlawful to possess under state or federal law shall be given
			 to the sheriff or a local law enforcement agency.
(c) Intoxicating substances shall be given to
			 the sheriff or a local law enforcement agency or destroyed at the direction of
			 the superintendent.
(d) Weapons
			 shall be given to the sheriff or a local law enforcement agency or destroyed at
			 the direction of the superintendent.
(e) Currency shall be returned to the owner
			 if the owner is known, except that if a youth is the owner of currency, it
			 shall be deposited in the youth's account. Currency shall be placed in the
			 state's general fund if the owner cannot be determined.
(f) Checks and other negotiable instruments
			 shall be returned to the maker. If it is not possible to locate the maker, the
			 checks or negotiable instruments shall be given to the sheriff or a local law
			 enforcement agency.
(g) Other
			 property, whose ownership is unknown, shall be sold through the department's
			 purchasing office and proceeds of the sale shall be placed in the state's
			 general fund. Items having an apparent value of $5.00 or less shall be
			 destroyed in accordance with the policies and procedures of the
			 institution.
(h) If it is
			 determined that a youth is the owner of contraband that is lawful to possess,
			 other than currency, but return of the contraband is inconsistent with the
			 department's rules or the institution's policies and procedures, the
			 superintendent shall do one of the following:
1. Give the contraband to the sheriff or a
			 local law enforcement agency.
2.
			 Store the contraband in the institution until the youth is discharged or
			 otherwise released from the institution.
3. Deliver the contraband by mail or
			 commercial carrier to a person on the youth's visiting list at the expense of
			 the youth.
4. Deliver the
			 contraband to a person on the youth's visiting list when the person visits the
			 institution.
5. Destroy the
			 contraband, consistent with institution policy and procedure.