Wisconsin Administrative Code
Department of Corrections
Chapter DOC 309 - Resources For Inmates
Section DOC 309.365 - Inmate activity groups

Universal Citation: WI Admin Code ยง DOC 309.365

Current through August 26, 2024

(1) DEFINITIONS. In this section:

(a) "Activity group" means a group of inmates organized to promote educational, social, cultural, religious, recreational or other lawful leisure time activities.

(b) "Inmate union" means an organization of inmates formed for the sole purpose of serving the inmates' collective interest with respect to conditions of confinement issues such as inmate wages, working conditions, housing conditions, programming and services.

(2) APPROVAL REQUIRED.

(a) With the exception of organizational activities approved by the superintendent under sub. (3), no group of inmates may refer to itself by a collective name, conduct meetings or engage in any organized activity which promotes identification with a particular group unless the group has been approved by the superintendent under sub. (5).

(b) With the exception of organizational activities approved by the superintendent under sub. (3), no individual inmate or other person from inside or outside the institution may attempt to carry out organized activities within an institution which promote identification with a particular group unless the group has been approved under sub. (5).

(3) APPROVAL OF ORGANIZATIONAL ACTIVITIES. A group of inmates or an inmate on behalf of a group may submit a written request to the superintendent for permission to engage in organizational activities necessary to formulate a request for approval as an activity group under sub. (4). The request submitted under this subsection shall state the objectives and proposed activities of the proposed activity group and the activities necessary to formulate a request for approval under sub. (4). Using the criteria listed in sub. (5) (b) 1., the superintendent shall determine within 14 calendar days after receipt of the request whether to permit the requested organizational activities.

(4) REQUESTS FOR APPROVAL. A group of inmates or an inmate on behalf of a group may submit a written request to the superintendent for approval as an activity group. The request shall include:

(a) The name of the group;

(b) The group's mailing address and phone number, if other than that of the institution;

(c) The names of the group's officers;

(d) The group's objectives and proposed activities;

(e) The inmate population the group intends to include;

(f) The group's charter, constitution or by-laws, or all 3 documents;

(g) The institutional services and resources, such as staff time or meeting rooms, needed for the group's activities; and

(h) The anticipated length and frequency of group meetings or activities.

(5) CRITERIA FOR APPROVAL OF GROUPS.

(a) The decision to approve a group as an activity group rests solely with the superintendent.

(b) In determining whether to approve a group, the superintendent shall:
1. Consider whether the objectives of the group promote educational, social, cultural, religious, recreational or other lawful leisure time interests of the inmates who will participate in the group's activities;

2. Consider whether the proposed activities can be accommodated within the available resources of the institution;

3. Balance the benefits of the group's activities and services against the necessary allocation of staff time and institution resources to the group. The consideration of the group's benefits to inmates is subject to s. DOC 309.61(1) (a).

4. Consider whether the activities, services or benefits offered by the group are adequately provided by existing programs, groups or resources readily available to the inmate population.

(c) The superintendent may not approve:
1. An inmate union; or

2. A group that he or she has reasonable grounds to believe is a security threat group, as defined in s. DOC 303.02(30).

(d) The superintendent shall approve or disapprove a request submitted under sub. (4) within 14 calendar days after receipt of the request.

(e) If the superintendent approves an activity group, he or she shall specify in writing:
1. The types of activities the group may undertake;

2. The times at which the group may hold its meetings and activities;

3. The places where the group may hold its meetings and activities;

4. The maximum number of members of the group;

5. Whether persons from outside the institution may participate in the group's meetings or activities, and the maximum number of those persons permitted;

6. The name of the staff member assigned as advisor to the group;

7. Whether a staff member's presence is required at group meetings and activities;

8. Whether the group is required to provide the superintendent with an agenda prior to meetings, minutes of its meetings, and a list of inmates and other persons who attend its meetings; and

9. Whether the group is required to provide the superintendent with an up-to-date list of group members.

(6) INSTITUTIONAL POLICIES. Each superintendent shall establish written policies which cover:

(a) Money-making activities by groups;

(b) Group membership dues;

(c) Group activities off-grounds;

(d) The responsibilities of staff advisors to groups; and

(e) Fiscal responsibility requirements of groups.

(7) WITHDRAWAL OF APPROVAL.

(a) A superintendent may withdraw approval of an activity group if he or she has reasonable grounds to believe that:
1. The group has created a disturbance as defined in s. DOC 306.22;

2. The group poses a threat to the order and security of the institution;

3. The group has developed a purpose or practice outside the scope of its original charter, constitution or by-laws;

4. The group's purposes and activities no longer provide benefits to inmates which, on balance, warrant the staff time and institution resources which must be allocated to the group; or

5. The group has violated a statute, administrative rule or institutional policy or procedure.

(b) The superintendent shall notify the activity group in writing of the withdrawal of approval and of the reasons for the withdrawal.

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