1. (1) Staff who reasonably believe that an item is contraband may seize the item. Items seized shall be sent to the superintendent and documented in accordance with s. DOC 376.13 (6). Items that are not contraband shall be returned to the owner consistent with facility policy and procedure. Contraband shall be returned to the owner, given to the appropriate law enforcement agency or disposed of in accordance with this section.

2. (3) Disposal of contraband shall be accomplished in one of the following ways:

   1. (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.
   2. (b) Contraband that is unlawful to possess under state or federal law shall be given to the appropriate law enforcement agency.
   3. (c) Intoxicating substances shall be given to the sheriff or a local law enforcement agency or destroyed at the direction of the superintendent.
   4. (d) Weapons shall be given to the sheriff or a local law enforcement agency or destroyed at the direction of the superintendent.
   5. (e) Currency, checks, and other negotiable instruments shall be returned to the owner unless the owner is determined to be a youth, in which case, these items shall be held in the youth’s account. If the owner cannot be determined, currency shall be placed in the state’s general fund. Checks and other negotiable instruments shall be given to the appropriate law enforcement agency.
   6. (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.

   7. (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 facility’s policies and procedures, the superintendent shall do one of the following:

      1. 1. Give the contraband to the sheriff or a local law enforcement agency.
      2. 2. Store the contraband in the facility until the youth is discharged or otherwise released from the facility.
      3. 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. 4. Deliver the contraband to a person on the youth’s visiting list when the person visits the facility.
      5. 5. Destroy the contraband, consistent with facility policy and procedure.
3. (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.

History

History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-003:. am. (1), r. (2), am. (3) (a), (b), (e), r. (3) (f), am. (3) (g), (h) (intro.), 2., 4., 5. Register February 2025 No. 830, eff. 3-1-25.