(1) The department may allow inmates to
communicate with their families, friends, government officials, courts, and
other people concerned with the welfare of inmates consistent with the need to
protect the public.
(2)
(a) Incoming mail addressed to inmates may be
opened, examined, censored, and delivered under this section only if the inmate
consents in writing to receive mail through institution mail
services.
(b) If an inmate does not
consent under par. (a), the institution shall return incoming mail addressed to
the inmate to the post office unopened marked, "refused."
(c) The department shall permit an inmate to
correspond with anyone.
(d) All
outgoing inmate mail shall be stamped. The stamp shall identify the mail as
coming from the Wisconsin state prison system.
(3) Institution staff may not open or read
for inspection mail sent by an inmate to any of the parties listed in pars. (a)
to (j), unless the security director has reason to believe that the mail
contains contraband. Institution staff may open mail received by an inmate from
any of these parties in the presence of the inmate. Staff may inspect the
document but only to the extent necessary to determine if the mail contains
contraband, or if the purpose is misrepresented. Staff may read the mail if
staff has reason to believe it is other than a legal document. The department
shall process contraband in accordance with sub. (4) (e) (intro.) and 1., (f)
and (g). This subsection applies to mail clearly identifiable as being from one
or more of the following parties:
(a) An
attorney.
(b) The governor of
Wisconsin.
(c) Members of the
Wisconsin legislature.
(d) Members
of the United States congress.
(e)
The secretary of the department.
(f) The administrator of the
division.
(g) The attorney general
or an assistant attorney general of Wisconsin.
(h) An investigative agency of the federal
government.
(i) The clerk or judge
of any state or federal court.
(j)
The President of the United States.
(4) Except as provided in sub. (3), the
department shall apply the following restrictions to all inmate correspondence:
(a) Incoming and outgoing mail may be opened
and inspected for contraband. It shall not be delivered if it contains
contraband.
(b) Correctional staff
may read mail other than mail specified in sub. (3) in order to ensure the
safety of the institution, institution staff, inmates and the general public.
If the correspondence is between inmates and concerns joint legal matters,
staff shall not read further and staff shall submit the mail for
delivery.
(c) The department may
not deliver incoming or outgoing mail if it does any of the following:
1. Threatens criminal activity or harm to any
person.
2. Threatens blackmail or
extortion.
3. Concerns sending
contraband in or out of an institution.
4. Concerns plans to escape.
5. Concerns activity that, if completed,
would violate the laws of Wisconsin or the United States or the administrative
rules of the department.
6. Is in
code.
7. Solicits gifts from a
person other than a family member or a person on the visiting list.
8. Is "injurious", meaning material that:
a. Is pornography.
b. Poses a threat to the security, orderly
operation, discipline or safety of the institution.
c. Is inconsistent with or poses a threat to
the safety, treatment or rehabilitative goals of an inmate.
d. Facilitates criminal activity.
9. Contains information that, if
communicated, would create a clear danger of physical or mental harm to any
person.
10. Teaches or advocates
illegal activity, disruption, or behavior consistent with a gang or a violent
ritualistic group.
11. Is
determined by the warden, on a case by case basis, to interfere with an
inmate's penological interests, goals, or needs.
12. Is determined by the warden, for reasons
other than those listed in this paragraph, to be inappropriate for distribution
throughout the institution.
(d) The security director shall keep a record
of any mail that is read, except inmate to inmate mail. The record shall
include the name of the sender and receiver, the date, the reason for reading
it, and the name of the reader. Inmates shall address questions regarding mail
inspection to the security director.
(e) A record of any mail that is not
delivered shall be kept by the security director. It shall include the name of
the sender and intended receiver, the date, and the reason for not delivering
it.
1. If it is incoming mail, the letter and
a written notice stating why the letter was not delivered shall be sent to the
sender, unless the sender was an inmate. The inmate to whom the letter was sent
shall be given a written notice that the letter was not delivered and the
identity of the sender.
2. If the
letter is outgoing mail, the department shall provide the sender a notice
stating why the letter was not delivered. Correctional staff shall dispose of
the letter consistent with s.
DOC 303.09(2).
(f) An inmate may appeal decisions regarding
non-delivery of mail to the warden, who shall decide the appeal in accordance
with this subsection.
(g) A record
of cash, checks, money orders, and any negotiable instruments shall be made. It
shall include the name of the sender and receiver, the amount, and
date.
(h) If the inspection or
reading of mail reveals an attempt to send contraband in or out of an
institution or to secure delivery of mail that may not be delivered pursuant to
par. (c), the security director may order that mail to or from the inmate or
sender shall be opened and read for a reasonable period of time.
(5) Parcels, packages,
and any other incoming or outgoing items other than correspondence that are
mailed or delivered to an inmate may be opened for inspection for contraband.
If, upon opening, the contents are found to be damaged, the inmate should be
notified.
(6) The department shall
dispose of contraband found through inspections conducted pursuant to this
section in accordance with s.
DOC 303.09(2).
(7) For violations of administrative rules or
policies and procedures made by institutions relating to mail, mail privileges
may be suspended by the security director or adjustment committee.
(8) If an inmate is alleged to have violated
these rules or institution policies and procedures relating to mail,
institution staff may write a conduct report which shall be disposed of in
accordance with the rules providing for disciplinary procedures for major
offenses. For such violation, the department may impose a penalty which may
include suspension of mail privileges with a specific person for a specific
period, subject to the following:
(a) An
inmate may appeal a suspension of 6 months or less to the warden within 10 days
of the imposition.
(b) An inmate
may appeal a suspension of more than 6 months to the warden within 10 days of
its imposition and thereafter to the administrator.
(9) If a member of the public is alleged to
have violated these sections or institution policies and procedures relating to
mail, the security director shall investigate and decide if such a violation
occurred. If such a violation occurred, the security director may suspend mail
privileges with a specific person for a specific period. Suspension of mail
privileges may be appealed in accordance with sub. (8).
