Section 309.04. Inmate mail.

 

(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) .

Cr. (3) (h) to (j), (4) (c) 8., 10. to 12., renum. and am. (1) and (2) (c), (3) (intro.) to (g), (4) (intro.), (b), (c) (intro.) to 7., (d), (e) 2., (f), (6), (8) (intro.) to (b) from DOC 309.05 (1), (2) (c), (4) (intro.) to (f), (L), (6) (intro.), (b), (c) (intro.) to 7., (d), (e) 2., (f), (8), (10) (intro.) to (b), renum. (2) (a), (b), (d), (4) (a), (c) 9., (e), 1., (g), (h), (5), (7), (9) from DOC 309.05 (2) (a), (b), (d), (6) (a), (c) 9., (e), 1., (g), (h), (7), (9), (11), r. (6) (c) 8. and 9., (12), Register, September, 1998, No. 513 , eff. 10-1-98 ; emerg. am. (4) (c) 8. a. eff. 2/23/01; CR 01-022 : am. (4) (c) 8. a., Register August 2001 No. 548 , eff. 9-1-01; CR 11-022 : am. (4) (e) 2., (6) Register September 2014 No. 705 , eff. 1-1-15.