Section 379.21. Telephone calls.

 

(1)  Institutions shall encourage youth to communicate with their families, government officials and people concerned with the welfare of youth. This policy is intended to foster reintegration into the community, maintain family ties, motivate youth, improve morale and contribute to security. The superintendent may establish policies or procedures, subject to the approval of the administrator, relating to the use of telephones.

(2)  A telephone shall only be used in a lawful manner.

(3)  A superintendent may do any of the following:

(a) Monitor and record a youth's telephone call under s. DOC 376.05 . A properly placed call to or from an attorney, an attorney's assistant or approved law student may not knowingly be monitored or recorded.

(b) Record the conversation and the date, time, destination, number and duration of a call.

(c) Disclose the contents of a recording of a youth's telephone conversation to any of the following:

1. The department's office of juvenile offender review.

2. The administrator.

3. The secretary.

4. An investigating officer from the department or another state or federal agency.

5. A law enforcement officer.

(d) Use the contents of a recording of his or her telephone conversation for any of the following reasons:

1. For disciplinary purposes.

2. To decide placement, transfer or release of a youth.

3. For an investigation of a youth's plans to escape.

4. For investigations of threats to the security of the institution.

5. For investigations of threats to the health, safety or welfare of staff, the public or other youth.

6. For investigations of threats against witnesses or victims.

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.

10. For programming and treatment.

(4)  

(a) Each institution shall have a written policy available to youth that contains a specific procedure for telephone calls and that sets time limits for calls. The procedure shall be consistent with this chapter.

(b) The superintendent may make exceptions to any policy regarding limits on calls consistent with the policy stated in this section.

(c) Youth may be permitted to call approved close family members or other persons approved by the superintendent. If a youth has no close family members, the youth may be permitted to call persons on the approved visitor list.

(d) Each youth shall be permitted to make a minimum of 2 telephone calls per month. Where resources permit, more than 2 telephone calls may be permitted.

1. Telephone calls not made during the month may not be accrued for use at a later date.

2. A youth may be prohibited from calling under this section if segregated from the general population.

(e) Institutions shall determine who shall pay for calls.

(f) Institutions shall permit calls to be at least 5 minutes in duration.

(g) In the case of emergencies, including critical illness or death of a family member, a special telephone call may be permitted regardless of the security status of the youth or the number of calls already made during that month.

(5)  A youth may be permitted to make phone calls to a youth's spouse or parent committed to another Wisconsin correctional institution. The institution may require payment for the cost of the calls. Calls between spouses or a youth and parent are subject to the limits under sub. (4) (d) . The superintendent may approve calls between siblings in Wisconsin correctional institutions.

(6)  

(a) Youth shall be permitted to call attorneys, attorney assistants or approved law students regarding legal matters, consistent with the program and security needs of the institution.

(b) Calls are subject to superintendent approval as to time and duration.

(c) A youth's telephone calls to an attorney, attorney assistant or approved law student are not subject to the limit in number in sub. (4) (d) or the visitor list requirement.

(d) Telephone calls to attorneys, attorney assistants or approved law students shall be made collect.

History: Cr. Register, June, 2000, No. 534 , eff. 7-1-00.