Current through November 25, 2024
(1) The department shall encourage
communication between an inmate and an inmate's family, friends, government
officials, courts, and people concerned with the welfare of the inmate.
Communication fosters reintegration into the community and the maintenance of
family ties. It helps to motivate the inmate and thus contributes to morale and
to the security of the inmate and staff. A telephone shall be used in a lawful
manner.
(2)
(a) The warden shall establish facilities for
inmate telephone use.
(b) An inmate
who wishes to use an institution telephone shall use a telephone provided for
inmate telephone calls, shall comply with these rules, and shall comply with
institution policies and procedures established under sub. (10).
(c) An inmate may be permitted to phone
individuals of the inmate's choice who are on the approved visiting list as
provided under s.
DOC 309.12 and others as provided in this
chapter.
(d) An inmate may make a
properly placed telephone call to an attorney. For the purposes of this
section, "properly placed" means an inmate telephone call to an attorney placed
in compliance with this section, these rules, and the procedures of the
institution.
(3) Each
inmate shall be permitted to make a minimum of one telephone call per month.
Where resources permit, more than one telephone call may be allowed and is
encouraged.
(a) Telephone calls not made
during the month may not be banked for use at a later date.
(b) The inmate may be prohibited from calling
if in segregated status, but may be permitted to make calls under s.
DOC 309.405 or 309.41(2).
(4) All calls shall be made
collect unless payment from the inmate's general account is approved. Third
party billing or electronic transfer of an inmate's call to a third party is
not permitted. The inmate is responsible for any misuse of the telephone
subject to this section and the policies and procedures established by the
administrator of the division of adult institutions or by the warden, relating
to the use of telephones. The warden shall refer an incident of unlawful
telephone use by an inmate to appropriate law enforcement authority.
(5) Calls shall not exceed 6 minutes in
duration, without permission.
(6) A
corrections officer or supervisor may do all of the following:
(a) Monitor and record an inmate's phone
call. A corrections officer or supervisor may not knowingly monitor or record a
properly placed telephone call to an attorney. For the purpose of this
paragraph, "knowingly" means that the corrections officer or supervisor is
aware that the inmate has obtained approval from the appropriate staff member
for the telephone call to an attorney or the telephone number which the inmate
calls is the inmate's attorney telephone number or that during a monitored
telephone conversation the corrections officer or supervisor becomes aware that
the call is a telephone call to an attorney. For the purpose of this paragraph,
"attorney" means the inmate's lawyer of record or an attorney with whom the
inmate has a client-attorney relationship or an attorney with whom the inmate
seeks to establish a client-attorney relationship. A telephone call to an
attorney which is recorded under this section shall be considered privileged to
the extent provided under s.
905.03,
Stats., and shall not be disclosable under s.
19.35,
Stats. Upon learning that a telephone call to an attorney was monitored or
recorded, the warden of the institution which monitored or recorded the
telephone call shall notify the pertinent inmate and the attorney that the
telephone call was monitored or recorded.
(b) Record the date, time, destination,
number, duration of a call, and the conversation.
(c) Disclose the contents of a recording of
an inmate's telephone conversation to any of the following:
1. A member of the adjustment
committee.
2. The director of the
office of offender classification.
4. The administrator of the division of adult
institutions.
5. The secretary of
the department of corrections.
6.
An investigative officer.
7. A law
enforcement officer.
(d)
Use the contents of a recording of an inmate's telephone conversation for any
of the following reasons:
1. For disciplinary
purposes.
2. In deciding placement
or transfer of an inmate.
3. For
investigations of an inmate's plans to escape.
4. For investigations of threats to the
security of the correctional facility.
5. For investigations of threats to the
safety, health or welfare of employees, the public, and other
inmates.
6. For investigations of
threats against witnesses.
7. For
investigations of trafficking of drugs or other contraband.
8. For investigations of any illegal
activity.
9. As evidence in
administrative and judicial proceedings.
(7) A corrections officer or supervisor may
use a recording of an inmate telephone call only for the purposes stated in
sub. (6) (d).
(8) During assessment
and evaluation an inmate shall be given a notice written in English and Spanish
which informs the inmate of the monitoring and recording of any calls. A
non-English or non-Spanish speaking inmate shall be provided notice written in
the inmate's native language or, if the notice can not be translated, provided
orally in the inmate's native language. The inmate shall sign a receipt for the
notice or the institution staff member shall note in writing the inmate's
receipt of the notice if the inmate declines to sign the receipt.
(9) A written notice in English and Spanish
shall be posted on the telephone or near enough to the telephone used by an
inmate that the inmate will be able to read the notice when the inmate uses the
telephone. The notice shall inform the inmate that a call other than a properly
approved call to an attorney shall be monitored and recorded and that the use
of the telephone constitutes consent to the monitoring and recording.
(10) In order to preserve the security and
orderly management of the institution and to protect the public, the warden may
establish policy or procedures subject to the approval of the administrator
relating to the use of telephones.