Section 328.23. Contraband.

 

(1)  Any employee who reasonably believes that an item in an offender's possession is contraband may seize the item, whether or not the employee believes a violation of the offender's rules or conditions of supervision has occurred. Any items seized must be documented with chain of custody.

(2)  The supervisor shall dispose of seized contraband after all proceedings in which it may be required have been completed. Disposition shall be as follows:

(a) All confiscated currency, whose true owner cannot be determined, shall be placed in the general fund.

(b) Checks and other negotiable instruments shall be returned to the maker. If it is not possible to determine an address for the maker of the check, the check shall be destroyed.

(c) U.S. bonds and other securities shall be held in the department's cashier's office, and upon proof of ownership, the item shall be returned to the owner.

(d) Property items shall be returned at the offender's expense to the owner if the owner is known unless the owner transferred the property in an unauthorized manner. Property items which an offender is not permitted to possess and which are not illegal may be transferred to another person at the offender's expense. Property items of inherent value which were not returned to the owner shall be sold through the department's purchasing officer and money received shall be placed in the general fund.

(e) Intoxicating substances, such as alcohol or controlled substances, shall be disposed of in accordance with division policy.

(f) Firearms not required for use as evidence shall be disposed of in accordance with s. 968.20 , Stats.

(g) Any item originally assigned as property of the state shall be returned to service.

CR 10-126 : cr. Register June 2013 No. 690 , eff. 7-1-13.