(1) POLICY. The department shall administer a
visiting program that regulates visitation of youth by family members and other
persons consistent with program goals and resources available, the department's
responsibility for the secure and orderly operation of institutions, public
safety and the protection of visitors, staff and youth.
(2) VISITING LIST.
(a) There shall be an approved visitor list
for each youth. A youth's approved visitors list shall show the name, date of
birth, address and relationship to the youth of all approved
visitors.
(b) Except as otherwise
provided in this chapter, only visitors on a youth's approved list will be
permitted to visit the youth. To the extent compatible with program goals and
institution needs, a youth shall be permitted to receive visits from close
family members. If the superintendent grants prior approval, other relatives,
friends, or interested persons may also visit.
(c) Children of the youth and children of
approved visitors who have not attained their 18th birthday may visit. Children
of the youth and approved visitors may not visit unless they have the written
approval of a non-incarcerated custodial parent or guardian or a court order
directing the visit. The names of children must appear on the approved
visitors' list. Approved children may visit if accompanied by an approved
adult, subject to exceptions that may be granted by the
superintendent.
(d) All of the
following procedures apply to proposed visitors:
1. A youth or proposed visitor may submit a
written request to the superintendent asking that the proposed visitor be added
to the list.
2. If additional
information is required from a proposed visitor, staff shall send a
questionnaire to a proposed visitor for completion and return to the
institution. If the questionnaire is not returned, the request may not be
approved.
3. If additional
information is required from a youth, staff shall request the information from
the youth. If the youth fails to provide the needed information, the request
may not be approved.
4. A copy of
the visiting rules shall be sent to each person on the approved visitors'
list.
5. The superintendent may
request a field investigation if further information is necessary.
(e) The superintendent may deny
the addition of a person to the approved visitor's list or remove a person from
the approved visitors' list based on any of the following:
1. The requesting youth provided false or
incorrect information or knowingly provided incomplete information.
2. The proposed visitor provided false or
incorrect information or knowingly provided incomplete information.
3. There is no signed and dated approval of a
non-incarcerated custodial parent or guardian for a proposed visitor less than
18 years of age.
4. There are
reasonable grounds to believe that the visitor has attempted to bring
contraband into any correctional institution.
5. There are reasonable grounds to believe
the visitor poses a threat to the safety and security of visitors, staff, youth
or the institution.
6. There are
reasonable grounds to believe that the youth's reintegration into the community
or rehabilitation would be hindered.
7. There is a court order prohibiting a
visit.
8. There are reasonable
grounds to believe that the youth may victimize the proposed visitor or the
proposed visitor may victimize the youth.
9. The proposed visitor has been arrested,
incarcerated or under correctional supervision within the previous 12 months.
Exceptions may be made for close family members under sub. (7).
10. A visitor was approved by mistake or
based on inadequate or incorrect information.
11. The proposed visitor is a current or
former employee of the department or a person who provided services to the
department within the past 12 months and the proposed visitor has violated the
department's policy regarding fraternization.
(f) The superintendent shall also determine,
every 60 days, whether visits shall be no-contact visits, based on institution
security or any of the following:
1. The
visitor has violated department rules or institution policies and procedures
relating to visiting at any institution operated by the department.
2. The visitor introduced contraband into any
correctional institution, engaged in behavior that threatened the security of
any correctional institution or interfered with the rights of others at any
correctional institution.
3. The
youth has been found guilty of a violation of department rules or institution
policies and procedures relating to visiting.
4. The youth has violated s.
DOC 373.46 relating to intoxicants and drug
paraphernalia.
5. The youth is in
close or modified confinement because of a major penalty.
(g) Consistent with available resources and
program goals, an institution may place a reasonable limit on the number of
persons on a youth's visitors' list. Youth shall retain visitors on the
visitors' list for a minimum of 90 days from the date of approval, unless the
superintendent waives this provision for cause.
(h) If a person is disapproved by the
superintendent for visiting or approved for no contact visiting only, the youth
and the person shall be informed of the reasons for the action in writing. A
youth may appeal the decision using the complaint procedure in ch. DOC 380. The
disapproved person may appeal the decision in writing to the superintendent who
shall issue a decision within 15 days of receipt of the appeal and send a copy
of the decision to the youth and the disapproved person.
(i) A youth may submit a written request to
the superintendent for visits by family members not on the approved visitors
list. The superintendent may permit occasional visits by family members not on
the approved visiting list and may require notification from the family members
in advance of the visits.
(3) REGULATION OF VISITS.
(a) Each institution shall develop written
policies and procedures relating to youth in the general population concerning
all of the following:
2. Weekday, weekend and
night visits.
3. The duration of
visits.
4. The number or frequency
of visits.
5. The number of
visitors permitted on each visit.
6. Immediate termination of a visit for a
violation of laws of the United States or of the state of Wisconsin, department
rules or institution policies and procedures.
7. Items which may be brought into the
institution during a visit.
(b)
Institutions may require visitors of any age to provide picture identification
or other identification before permitting the visit.
(c) Each institution shall develop written
policies and procedures which may limit visitation for youth in major penalty
status by issuing restrictions concerning specific visitors, visitors under the
age of 18 years, number of visitors, and the hours for and the location of
visits. Each institution shall permit a youth in a major penalty status to
visit at least 1 hour per week.
(d)
Each institution shall provide visiting access on weekends and some weekdays
and evenings consistent with scheduled activities and available
resources.
(e) Each institution
shall permit a youth in the general institution population to have visits at
least six hours per week in visits of such duration as the institution
specifies under par. (a).
(f)
Specific policies adopted under this section may include requirements necessary
to manage the visiting population within the physical space and staff
limitations of each institution.
(4) VISITS TO YOUTH ON CONTROL STATUS OR
OBSERVATION STATUS. Visits to youth on control status under s.
DOC 373.82(2) or observation status under
ch. DOC 375 require the approval of the superintendent.
(5) SPECIAL VISITS.
(a) Public officials and members of private
or public organizations who provide services to youth may visit with the
approval of the superintendent. Prior arrangements for the visits shall be made
with the superintendent to minimize interference with normal operations and
activities. The superintendent may limit the number of visitors, visits and the
duration of visits and restrict visitors to certain areas of the institution
for security reasons.
(b)
Attorneys, attorney assistants, approved law students and legal interns shall
be permitted to visit their clients to provide professional services with the
approval of the superintendent, consistent with institution security. The
visits shall not count against the allowable number or hours of visits for a
youth.
(6) NO CONTACT
VISITING. The superintendent may impose no-contact visiting in response to an
initial application to visit or upon subsequent review of the visiting status
of a youth or visitor, consistent with sub. (2) (f).
(7) INTER-INSTITUTION VISITS BY FAMILY
MEMBERS. The superintendent may approve visits between a youth and the youth's
spouse, and between parents and children who are confined in a prison or
another type 1 secured correctional facility within the state of Wisconsin. The
criteria for approval are the same as for other visitors under this
section.
(8) CONTACT DURING VISITS.
(a) Visitors are required to obey the laws of
the United States and the state of Wisconsin, the department's rules and
policies and procedures of the institution relating to visiting.
(b) Only physical contact approved by the
superintendent is permitted.
(c)
Youth and visitors may not pass or exchange items during a visit, unless the
superintendent gives prior approval.
(9) SUSPENSION OR TERMINATION OF VISITING
PRIVILEGES.
(a) The superintendent may suspend
or terminate visiting privileges for a violation of the laws of the United
States or the state of Wisconsin, the department's rules or those institution
policies and procedures of which a youth or visitor had actual or constructive
notice, consistent with s.
DOC 373.65(3)
(a) and (b), subject to the following:
1. The visitor and youth shall be informed in
writing of the suspension or termination and the reasons for the action within
5 days of the violation.
2. The
youth may appeal a decision of the superintendent by filing a complaint under
ch. DOC 380 within 5 days of receipt of the decision. The visitor may appeal
the decision by filing an appeal with the administrator, whose decision shall
be final. The administrator shall issue a decision within 15 days of receipt of
the appeal and send copies of the decision to the superintendent, the youth and
the visitor. Failure of the administrator to issue a decision upholds the
decision of the superintendent.
3.
Termination or suspension of visiting privileges under this paragraph may be
ordered by the superintendent to protect the security of the
institution.
(b) If a
youth is alleged to have violated any conduct rule under ch. DOC 373 during a
visit, the youth's discipline under ch. DOC 373 may include suspension of
visiting privileges with the visitor.