Section DOC 309.39 - Inmate telephone calls(1) The department shall encourage communication between an inmate and an inmate's family, friends, government officials, courts, and people concerned with the welfare of the inmate. Communication fosters reintegration into the community and the maintenance of family ties. It helps to motivate the inmate and thus contributes to morale and to the security of the inmate and staff. A telephone shall be used in a lawful manner.(2)(a) The warden shall establish facilities for inmate telephone use.(b) An inmate who wishes to use an institution telephone shall use a telephone provided for inmate telephone calls, shall comply with these rules, and shall comply with institution policies and procedures established under sub. (10).(c) An inmate may be permitted to phone individuals of the inmate's choice who are on the approved visiting list as provided under s. DOC 309.12 and others as provided in this chapter.(d) An inmate may make a properly placed telephone call to an attorney. For the purposes of this section, "properly placed" means an inmate telephone call to an attorney placed in compliance with this section, these rules, and the procedures of the institution.(3) Each inmate shall be permitted to make a minimum of one telephone call per month. Where resources permit, more than one telephone call may be allowed and is encouraged. (a) Telephone calls not made during the month may not be banked for use at a later date.(b) The inmate may be prohibited from calling if in segregated status, but may be permitted to make calls under s. DOC 309.405 or 309.41(2).(4) All calls shall be made collect unless payment from the inmate's general account is approved. Third party billing or electronic transfer of an inmate's call to a third party is not permitted. The inmate is responsible for any misuse of the telephone subject to this section and the policies and procedures established by the administrator of the division of adult institutions or by the warden, relating to the use of telephones. The warden shall refer an incident of unlawful telephone use by an inmate to appropriate law enforcement authority.(5) Calls shall not exceed 6 minutes in duration, without permission.(6) A corrections officer or supervisor may do all of the following: (a) Monitor and record an inmate's phone call. A corrections officer or supervisor may not knowingly monitor or record a properly placed telephone call to an attorney. For the purpose of this paragraph, "knowingly" means that the corrections officer or supervisor is aware that the inmate has obtained approval from the appropriate staff member for the telephone call to an attorney or the telephone number which the inmate calls is the inmate's attorney telephone number or that during a monitored telephone conversation the corrections officer or supervisor becomes aware that the call is a telephone call to an attorney. For the purpose of this paragraph, "attorney" means the inmate's lawyer of record or an attorney with whom the inmate has a client-attorney relationship or an attorney with whom the inmate seeks to establish a client-attorney relationship. A telephone call to an attorney which is recorded under this section shall be considered privileged to the extent provided under s. 905.03, Stats., and shall not be disclosable under s. 19.35, Stats. Upon learning that a telephone call to an attorney was monitored or recorded, the warden of the institution which monitored or recorded the telephone call shall notify the pertinent inmate and the attorney that the telephone call was monitored or recorded.(b) Record the date, time, destination, number, duration of a call, and the conversation.(c) Disclose the contents of a recording of an inmate's telephone conversation to any of the following: 1. A member of the adjustment committee.2. The director of the office of offender classification.4. The administrator of the division of adult institutions.5. The secretary of the department of corrections.6. An investigative officer.7. A law enforcement officer.(d) Use the contents of a recording of an inmate's telephone conversation for any of the following reasons:1. For disciplinary purposes.2. In deciding placement or transfer of an inmate.3. For investigations of an inmate's plans to escape.4. For investigations of threats to the security of the correctional facility.5. For investigations of threats to the safety, health or welfare of employees, the public, and other inmates.6. For investigations of threats against witnesses.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.(7) A corrections officer or supervisor may use a recording of an inmate telephone call only for the purposes stated in sub. (6) (d).(8) During assessment and evaluation an inmate shall be given a notice written in English and Spanish which informs the inmate of the monitoring and recording of any calls. A non-English or non-Spanish speaking inmate shall be provided notice written in the inmate's native language or, if the notice can not be translated, provided orally in the inmate's native language. The inmate shall sign a receipt for the notice or the institution staff member shall note in writing the inmate's receipt of the notice if the inmate declines to sign the receipt.(9) A written notice in English and Spanish shall be posted on the telephone or near enough to the telephone used by an inmate that the inmate will be able to read the notice when the inmate uses the telephone. The notice shall inform the inmate that a call other than a properly approved call to an attorney shall be monitored and recorded and that the use of the telephone constitutes consent to the monitoring and recording.(10) In order to preserve the security and orderly management of the institution and to protect the public, the warden may establish policy or procedures subject to the approval of the administrator relating to the use of telephones.Wis. Admin. Code Department of Corrections § DOC 309.39
Cr. Register, October, 1981. No. 310, eff. 11-1-81; am. (1) and (4), r. and recr. (2), cr. (6) to (10), Register, September, 1995, No. 477, eff. 10-1-95; renum. from DOC 309.56, Register, September, 1998, No. 513, eff. 10-1-98.