Section 309.20. Personal property.

 

(1)   Policy. The department shall permit inmates to have personal property in their possession in an institution subject to this section and the policies and procedures established under this section by the administrator or by the warden, relating to the acquisition, possession, use and disposal of inmate property.

(2)   Inventory. Each institution shall monitor and control authorized property in an inmate's possession. A written inventory shall be maintained of all authorized personal property in an inmate's possession. An inmate is responsible for notifying the institution property department immediately if a discrepancy exists between the inventory and the property in the inmate's possession.

(3)   Acquisition, possession and use. Each warden shall develop policies and procedures subject to the approval of the administrator, relating to the acquisition, possession and use of the personal property of inmates within the institution, and including the following components:

(a) A written list of the personal property items permitted at the institution. The list and any changes to it shall be approved by the administrator of the division of adult institutions.

(b) Permissible methods by which personal property may be acquired by an inmate, including either of the following:

1. Purchase from institution canteen.

2. Purchase from approved retail outlets.

3. Gifts from friends and relatives brought in on visits; or

4. Other methods approved by the institution.

(c) An inmate shall store all personal property as specified by each institution. The volume of an inmate's possession may not exceed the maximums provided under this section.

(d) All inmate personal property, excluding medically prescribed items, hobby materials, legal materials, electronic equipment, typewriters, fans or other large items, shall fit in a receptacle which is no larger than 32 ‶ x 16 ‶ x 16 ‶ or 8192 cubic inches.

(e) All inmate hobby materials shall fit in a receptacle which is no larger than 14 ‶ x 14 ‶ x 14 ‶ or 2744 cubic inches, except one oversized item.

(f) The department shall allow an inmate legal materials which are necessary for that inmate's legal actions or the actions of another inmate whom the first inmate is assisting. All of an inmate's legal materials which are kept in the inmate's cell or room shall fit in a receptacle which is no larger than 20 ‶ x 20 ‶ x 20 ‶ or 8000 cubic inches. A warden may authorize additional storage space on a temporary basis upon demonstrated need in connection with on-going litigation and consistent with fire codes and regulations.

(g) Repair of inmate property shall be at the inmate's expense. Loss or damage to property caused by another inmate is not the responsibility of the institution. Repair or replacement of loss or damage caused by institution staff shall be at the expense of the institution. Value of property shall be determined in accordance with sub. (5) .

(4)   Disposal. Each warden shall develop policies and procedures subject to the approval of the administrator, relating to the disposal of personal property of inmates within the institution. The department shall provide inmates the option of choosing the method of disposal subject to security concerns. The department shall include the following components:

(a) Inmates released to discretionary parole, mandatory parole or discharge shall be notified in advance of their release date that the options for disposal of their personal property are as follows:

1. Property may be taken with the inmate at the time of release.

2. Property may be sent by commercial carrier on or before the date of release. An inmate shall make arrangements through the institution business office prior to release for this service and payment shall be made from the inmate's account.

3. Arrangements may be made in advance for pickup of all property, on or before the date of release, except for necessities which are required by the inmate during the balance of incarceration, and which the inmate can take on the day of release.

4. Upon an inmate's release to parole or mandatory release, the department shall disburse funds in the inmate's account as specified in s. DOC 309.49 (5) .

5. Unclaimed property shall be held for a one year period after the date of release, after which time the property shall be disposed of in accordance with s. DOC 303.09 (2) . The institution shall not be responsible for damage due to prolonged storage.

(b) Upon the escape of any inmate, the institution shall collect all personal property of the inmate as soon as possible, prepare an inventory of such property and place the property in a secure area for safekeeping.

1. The institution shall hold property and funds of an inmate who has escaped for a period of 30 days after which time the property shall be considered abandoned. The institution shall dispose of the abandoned inmate personal property in accordance with the policies and procedures of the institution. The institution shall not be responsible for damage due to prolonged storage. The institution shall not release property to family members solely at the request of the inmate's family members.

2. If an inmate is apprehended and returned to an institution within one year of the date of escape, the inmate's property stored under this paragraph shall be transferred to the institution of placement by the institution from which the inmate escaped. If an inmate is incarcerated in a prison or jail which is not under the jurisdiction of the department, the property may be transferred upon the written request of the inmate and at the inmate's expense to the location of the inmate's confinement.

(c) Upon the death of an inmate, and satisfactory verification of next of kin, the warden shall:

1. Approve the disbursement of property and funds to next of kin if the property and funds do not exceed $150.00 in value in accordance with s. 302.14 , Stats.

2. Prepare an affidavit for transfer of property under s. 867.03 , Stats., if the property and funds value more than $150.00 and less than $10,000.00. The affidavit shall be signed by the person claiming the property and filed with the institution and the Wisconsin department of revenue prior to transfer of property to the next of kin in accordance with s. 867.03 , Stats.

3. Unclaimed property shall be held for a one year period after the date of death, after which time the property shall be disposed of in accordance with s. DOC 303.09 (2) . The institution shall not be responsible for damage due to prolonged storage.

(d) Inmates who are currently incarcerated shall be notified that the options for disposal of their personal property are as follows:

1. The department shall, upon notification to the inmate, return to the sender items received at an institution which are not approved. The department shall forward these items by commercial carrier to a person on the inmate's visiting list at the inmate's expense, or arrange to have these items picked up by a person on the inmate's approved visiting list within 30 days. The institution shall immediately dispose of items which are not approved and pose a security concern to the institution. The warden shall dispose of property which cannot be disposed of as provided in this paragraph, at the discretion of the warden.

2. Items which are contraband shall be disposed of in accordance with s. DOC 303.09 (2) .

3. Inmates shall be given written notice within 10 days of the disposal of any of their personal property.

4. The department shall permit inmates to sell to other inmates only property items which are specified in policies and procedures established by each warden and subject to approval by the administrator.

(5)   Value of property. The cost of a musical instrument or individual or combination electronic item may not exceed $350.00, excluding taxes and shipping costs. The cost of other items except those which are medically prescribed may not exceed $75.00 for each item, excluding taxes and shipping costs. Personal property shall require a receipt from the merchandise supplier. In case of loss or damage caused by the staff of an institution, the value of an inmate's personal property shall equal its value at the time of loss or damage, not to exceed its purchase price.

(6)   Transportation of property. The administrator of the division of adult institutions shall develop procedures regulating the transportation of inmate personal property between institutions, subject to the following:

(a) Items of personal property may not exceed the size limitations under sub. (3) (d) through (f) . Property in excess of these limitations shall be disposed of in accordance with sub. (4) .

(b) For the purposes of transportation, an inmate's legal materials shall fit in a receptacle which is no larger than 20 ‶ x 20 ‶ x 20 ‶ or 8000 cubic inches. Commercial carrier shall ship materials in excess of this amount at the inmate's expense. The warden may authorize payment of shipping costs for excess materials if the inmate can establish indigence in accordance with s. DOC 309.36 .

(7)   Contraband. The institution shall consider items not permitted at an institution or permitted but not on an inmate's property list under sub. (2) contraband and subject the items to seizure and disposition under s. DOC 303.09 (2) . The institution may subject an inmate to discipline for possessing contraband under ss. DOC 303.42 through 303.49 .

Renum. from DOC 309.35, am. (1), (3), (b) (intro.), 1., 2., (c), (f), (4) (intro.), (a) 4., (b) 1., (c) (intro.), (d) 1., 4., (6) (b) and (7), Register, September, 1998, No. 513 , eff. 10-1-98; correction in (4) (a) 4. made under s. 13.93 (2m) (b) 7., Stats., Register August 2001 No. 548 ; CR 11-022 : am. (4) (a) 5., (c) 3., (d) 2., (7) Register September 2014 No. 705 , eff. 1-1-15.