(1) POLICY.
The department shall permit inmates to have personal property in their
possession in an institution subject to this section and the policies and
procedures established under this section by the administrator or by the
warden, relating to the acquisition, possession, use and disposal of inmate
property.
(2) INVENTORY. Each
institution shall monitor and control authorized property in an inmate's
possession. A written inventory shall be maintained of all authorized personal
property in an inmate's possession. An inmate is responsible for notifying the
institution property department immediately if a discrepancy exists between the
inventory and the property in the inmate's possession.
(3) ACQUISITION, POSSESSION AND USE. Each
warden shall develop policies and procedures subject to the approval of the
administrator, relating to the acquisition, possession and use of the personal
property of inmates within the institution, and including the following
components:
(a) A written list of the personal
property items permitted at the institution. The list and any changes to it
shall be approved by the administrator of the division of adult
institutions.
(b) Permissible
methods by which personal property may be acquired by an inmate, including
either of the following:
1. Purchase from
institution canteen.
2. Purchase
from approved retail outlets.
3.
Gifts from friends and relatives brought in on visits; or
4. Other methods approved by the
institution.
(c) An
inmate shall store all personal property as specified by each institution. The
volume of an inmate's possession may not exceed the maximums provided under
this section.
(d) All inmate
personal property, excluding medically prescribed items, hobby materials, legal
materials, electronic equipment, typewriters, fans or other large items, shall
fit in a receptacle which is no larger than 326 x 166 x 166 or 8192 cubic
inches.
(e) All inmate hobby
materials shall fit in a receptacle which is no larger than 146 x 146 x 146 or
2744 cubic inches, except one oversized item.
(f) The department shall allow an inmate
legal materials which are necessary for that inmate's legal actions or the
actions of another inmate whom the first inmate is assisting. All of an
inmate's legal materials which are kept in the inmate's cell or room shall fit
in a receptacle which is no larger than 206 x 206 x 206 or 8000 cubic inches. A
warden may authorize additional storage space on a temporary basis upon
demonstrated need in connection with on-going litigation and consistent with
fire codes and regulations.
(g)
Repair of inmate property shall be at the inmate's expense. Loss or damage to
property caused by another inmate is not the responsibility of the institution.
Repair or replacement of loss or damage caused by institution staff shall be at
the expense of the institution. Value of property shall be determined in
accordance with sub. (5).
(4) DISPOSAL. Each warden shall develop
policies and procedures subject to the approval of the administrator, relating
to the disposal of personal property of inmates within the institution. The
department shall provide inmates the option of choosing the method of disposal
subject to security concerns. The department shall include the following
components:
(a) Inmates released to
discretionary parole, mandatory parole or discharge shall be notified in
advance of their release date that the options for disposal of their personal
property are as follows:
1. Property may be
taken with the inmate at the time of release.
2. Property may be sent by commercial carrier
on or before the date of release. An inmate shall make arrangements through the
institution business office prior to release for this service and payment shall
be made from the inmate's account.
3. Arrangements may be made in advance for
pickup of all property, on or before the date of release, except for
necessities which are required by the inmate during the balance of
incarceration, and which the inmate can take on the day of release.
4. Upon an inmate's release to parole or
mandatory release, the department shall disburse funds in the inmate's account
as specified in s. DOC 309.49 (5).
5. Unclaimed property shall be held for a one
year period after the date of release, after which time the property shall be
disposed of in accordance with s. DOC 303.09 (2). The institution shall not be
responsible for damage due to prolonged storage.
(b) Upon the escape of any inmate, the
institution shall collect all personal property of the inmate as soon as
possible, prepare an inventory of such property and place the property in a
secure area for safekeeping.
1. The
institution shall hold property and funds of an inmate who has escaped for a
period of 30 days after which time the property shall be considered abandoned.
The institution shall dispose of the abandoned inmate personal property in
accordance with the policies and procedures of the institution. The institution
shall not be responsible for damage due to prolonged storage. The institution
shall not release property to family members solely at the request of the
inmate's family members.
2. If an
inmate is apprehended and returned to an institution within one year of the
date of escape, the inmate's property stored under this paragraph shall be
transferred to the institution of placement by the institution from which the
inmate escaped. If an inmate is incarcerated in a prison or jail which is not
under the jurisdiction of the department, the property may be transferred upon
the written request of the inmate and at the inmate's expense to the location
of the inmate's confinement.
(c) Upon the death of an inmate, and
satisfactory verification of next of kin, the warden shall:
1. Approve the disbursement of property and
funds to next of kin if the property and funds do not exceed $150.00 in value
in accordance with s. 302.14, Stats.
2. Prepare an affidavit for transfer of
property under s. 867.03, Stats., if the property and funds value more than
$150.00 and less than $10,000.00. The affidavit shall be signed by the person
claiming the property and filed with the institution and the Wisconsin
department of revenue prior to transfer of property to the next of kin in
accordance with s. 867.03, Stats.
3. Unclaimed property shall be held for a one
year period after the date of death, after which time the property shall be
disposed of in accordance with s. DOC 303.09 (2). The institution shall not be
responsible for damage due to prolonged storage.
(d) Inmates who are currently incarcerated
shall be notified that the options for disposal of their personal property are
as follows:
1. The department shall, upon
notification to the inmate, return to the sender items received at an
institution which are not approved. The department shall forward these items by
commercial carrier to a person on the inmate's visiting list at the inmate's
expense, or arrange to have these items picked up by a person on the inmate's
approved visiting list within 30 days. The institution shall immediately
dispose of items which are not approved and pose a security concern to the
institution. The warden shall dispose of property which cannot be disposed of
as provided in this paragraph, at the discretion of the warden.
2. Items which are contraband shall be
disposed of in accordance with s. DOC 303.09 (2).
3. Inmates shall be given written notice
within 10 days of the disposal of any of their personal property.
4. The department shall permit inmates to
sell to other inmates only property items which are specified in policies and
procedures established by each warden and subject to approval by the
administrator.
(5) VALUE OF PROPERTY. The cost of a musical
instrument or individual or combination electronic item may not exceed $500.00,
excluding taxes and shipping costs. The cost of other items except those which
are medically prescribed may not exceed $150.00 for each item, excluding taxes
and shipping costs. Personal property shall require a receipt from the
merchandise supplier. In case of loss or damage caused by the staff of an
institution, the value of an inmate's personal property shall equal its value
at the time of loss or damage, not to exceed its purchase price.
(6) TRANSPORTATION OF PROPERTY. The
administrator of the division of adult institutions shall develop procedures
regulating the transportation of inmate personal property between institutions,
subject to the following:
(a) Items of
personal property may not exceed the size limitations under sub. (3) (d)
through (f). Property in excess of these limitations shall be disposed of in
accordance with sub. (4).
(b) For
the purposes of transportation, an inmate's legal materials shall fit in a
receptacle which is no larger than 206 x 206 x 206 or 8000 cubic inches.
Commercial carrier shall ship materials in excess of this amount at the
inmate's expense. The warden may authorize payment of shipping costs for excess
materials if the inmate can establish indigence in accordance with s. DOC 309.36.
(7) CONTRABAND.
The institution shall consider items not permitted at an institution or
permitted but not on an inmate's property list under sub. (2) contraband and
subject the items to seizure and disposition under s. DOC 303.09 (2). The
institution may subject an inmate to discipline for possessing contraband under
ss. DOC 303.42 through 303.49.
