Wis. Admin. Code Department of Corrections § DOC 376.17 - Seizure and disposal of contraband

Current through March 28, 2022

(1) Staff who reasonably believe that an item is contraband may seize the item. Items seized shall be sent to the superintendent accompanied by the written report required under ss. DOC 376.13(4) and 376.14(7). Items that are not contraband shall be returned to the owner consistent with institution policy and procedure. Contraband shall be returned to the owner, given to the sheriff or local law enforcement agency or disposed of in accordance with this section.
(2) If staff writes a conduct report, as defined in s. DOC 373.03(4), the superintendent shall determine the manner of disposal of contraband under sub. (3) after completion of a disciplinary hearing under s. DOC 373.73.
(3) Disposal of contraband shall be accomplished in one of the following ways:
(a) Except as otherwise provided in this subsection, if the owner can be determined, the superintendent may direct that the contraband be returned to the owner. Contraband may not be returned to a youth unless its return is consistent with this section and the institution's policies and procedures.
(b) Property that is unlawful to possess under state or federal law shall be given to the sheriff or a local law enforcement agency.
(c) Intoxicating substances shall be given to the sheriff or a local law enforcement agency or destroyed at the direction of the superintendent.
(d) Weapons shall be given to the sheriff or a local law enforcement agency or destroyed at the direction of the superintendent.
(e) Currency shall be returned to the owner if the owner is known, except that if a youth is the owner of currency, it shall be deposited in the youth's account. Currency shall be placed in the state's general fund if the owner cannot be determined.
(f) Checks and other negotiable instruments shall be returned to the maker. If it is not possible to locate the maker, the checks or negotiable instruments shall be given to the sheriff or a local law enforcement agency.
(g) Other property, whose ownership is unknown, shall be sold through the department's purchasing office and proceeds of the sale shall be placed in the state's general fund. Items having an apparent value of $5.00 or less shall be destroyed in accordance with the policies and procedures of the institution.
(h) If it is determined that a youth is the owner of contraband that is lawful to possess, other than currency, but return of the contraband is inconsistent with the department's rules or the institution's policies and procedures, the superintendent shall do one of the following:
1. Give the contraband to the sheriff or a local law enforcement agency.
2. Store the contraband in the institution until the youth is discharged or otherwise released from the institution.
3. Deliver the contraband by mail or commercial carrier to a person on the youth's visiting list at the expense of the youth.
4. Deliver the contraband to a person on the youth's visiting list when the person visits the institution.
5. Destroy the contraband, consistent with institution policy and procedure.
(4) A youth who is the owner of property under sub. (3) shall receive notice of the proposed disposition of the property at least 3 days prior to the disposition. The youth may appeal the decision by filing a complaint under ch. DOC 380. The property shall not be disposed of until the complaint is resolved.

Notes

Wis. Admin. Code Department of Corrections § DOC 376.17
Cr. Register, June, 2000, No. 534, eff. 7-1-00.

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