Section 379.04. Mail.

 

(1)   Policy. Communication fosters reintegration into the community and the maintenance of family ties. A youth may communicate with government offices, courts, approved family members and other persons concerned with the youth's welfare as approved by the superintendent and consistent with program needs and the need to protect the public.

(2)   Correspondence list. There shall be an approved correspondence list for each youth. The list shall include the name, date of birth, address, and relationship to the youth for all approved correspondents.

(b) Except as otherwise provided in this chapter, only individuals on a youth's approved list will be permitted to correspond with the youth. To the extent compatible with program goals and institution needs, a youth shall be permitted to correspond with close family members. If the superintendent grants prior approval, other relatives, friends, or interested persons may also correspond with the youth.

(3)   Incoming mail.

(a) Mail addressed to youth shall be promptly delivered, except as provided in this section.

(b) Incoming mail to a youth, except as provided in sub. (5) , may be opened, read and inspected for contraband, if the youth consents in writing to receive mail through institution mail services. Contraband shall not be delivered and shall be returned to the sender, unless it is a violation of the laws of Wisconsin or the United States to possess the contraband, in which case, the contraband shall be disposed of as provided in s. DOC 376.17 .

(c) If a youth does not consent under par. (b) , the institution shall return incoming mail addressed to the youth to the post office unopened and marked "refused."

(d) If a letter has no return address, it shall be opened, inspected and read to identify the sender and determine if the sender is on the approved correspondence list. If the sender cannot be identified, the mail will be disposed of consistent with institution procedures.

(e) If incoming mail is not given to the youth, the mail and a written notice stating why the mail was not delivered shall be promptly sent by the superintendent to the sender. The mail and written notice will not be sent if the sender is a youth or an adult under the supervision of or in the custody of the department. The youth to whom the letter was sent shall be given a written notice within 3 working days that the mail was not delivered, the reason for non-delivery and the identity of the sender.

(4)   Outgoing mail.

(a) At least one letter per week may be sent at department expense. Additional mail may be sent at department expense as authorized by the superintendent. If a youth pays for the postage, additional letters may be sent by the youth.

(b) Outgoing mail from a youth, except as provided in sub. (5) , may be opened, read and inspected for contraband, if the youth consents in writing to send mail through institution mail services. The contraband shall be disposed of as provided in s. DOC 376.17 .

(c) If outgoing mail is not sent, the superintendent shall promptly send a notice to the youth stating why the letter was not sent. The letter will be disposed of consistent with institution procedures.

(5)   Special correspondence. Staff may open and inspect, but not read mail received by youth from or sent by a youth to any of the persons listed below only in the presence of the youth. Staff shall inspect the document to determine if the mail contains contraband. Mail containing contraband shall be confiscated. This subsection applies to mail clearly identifiable as being from or to one or more of the following parties:

(a) The governor of Wisconsin.

(b) Members of the legislature.

(c) Members of the United States congress or the president of the United States.

(d) The secretary.

(e) Department staff acting within their official capacity.

(f) The attorney general of Wisconsin or an assistant attorney general of Wisconsin.

(g) The clerk or judge of any state or federal court.

(h) An investigative agency of the federal government.

(i) An attorney.

(6)   Restrictions. Except as provided in sub. (5) , the following restrictions apply to all youth correspondence:

(a) Incoming and outgoing mail may not be delivered if it does any of the following:

1. Threatens criminal activity.

2. Threatens or attempts blackmail or extortion.

3. Relates to sending contraband in or out of an institution or contains contraband.

4. Relates to plans to escape.

5. Relates to any gang activity.

6. Relates to activity that, if completed, would violate the laws of Wisconsin or of the United States or the administrative rules of the department.

7. Is in code.

8. Solicits gifts from a person other than a family member or a person on the visiting list.

9. Is obscene material.

10. Contains information that, if communicated, would create a danger of physical or mental harm to any person.

11. Relates to a contract that the youth is asked to enter into or seeks to enter into.

(b) Mail shall not be delivered to a youth or sent by a youth if the sender or recipient is not on the approved correspondence list for the youth. Mail to or from a person not on the approved correspondence list shall be returned to the sender or disposed of consistent with institution procedures.

(c) The department shall obtain written approval from the parents or guardian of a person under 18 years of age with whom a youth requests permission to correspond. If the parents or guardian approve, correspondence may be permitted. If the parents or guardian do not approve, permission to correspond shall be denied. A youth may not correspond with another youth in an institution.

(7)   Record.

(a) The superintendent shall keep a record of any mail that is not delivered to the youth or mailed from the institution. It shall include the name of the youth, and the sender or recipient, the date, and the reason for non-delivery or failure to mail.

(b) A record of cash, incoming checks, money orders and any negotiable instruments shall be kept by the institution. The record shall include the name of the sender, name and identifying number of the receiving youth, the amount and date received.

(c) The institution shall maintain a record of items of personal property received through the mail as under s. DOC 379.10 .

(8)   Appeal. A youth may appeal a decision under this section within 10 days of receipt of the written notice to not deliver incoming or mail outgoing mail. The appeal shall be in writing to the superintendent.

(9)   Violation. If a youth or a member of the public is alleged to have committed a violation under this section or institution policies and procedures, the superintendent may take disciplinary action under ch. DOC 373 . If a violation occurred, the superintendent may suspend the youth's mail privileges with the person involved in the violation for a specified period of time based upon the severity of the violation and the record of prior violations, if any. A youth may file a complaint under ch. DOC 380 regarding suspension of mail privileges under this subsection.

History: Cr. Register, June, 2000, No. 534 , eff. 7-1-00; correction in (4) (b) and (6) (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2000, No. 534 .