reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.47 - Sex offender name changes prohibited.

301.47
Sex offender name changes prohibited.
(1)
In this section, “sex offender" means a person who is subject to s. 301.45 (1g) but does not include a person who, as a result of a proceeding under s. 301.45 (1m), is not required to comply with the reporting requirements of s. 301.45.
(2)
A sex offender may not do any of the following before he or she is released, under s. 301.45 (5) or (5m), from the reporting requirements of s. 301.45:
(a)
Change his or her name.
(b)
Identify himself or herself by a name unless the name is one by which the person is identified with the department.
(3)
Whoever intentionally violates sub. (2) is subject to the following penalties:
(a)
Except as provided in par. (b), the person is guilty of a Class H felony.
(b)
The person may be fined not more than $10,000 or imprisoned for not more than 9 months or both if all of the following apply:
1.
The person was ordered under s. 51.20 (13) (ct) 1m., 938.34 (15m) (am), 938.345 (3), 971.17 (1m) (b) 1m., or 973.048 (1m) to comply with the reporting requirements under s. 301.45 based on a finding that he or she committed or solicited, conspired, or attempted to commit a misdemeanor.
2.
The person was not convicted of another offense under this section before committing the present violation.
(4)
The department shall make a reasonable attempt to notify each person required to comply with the reporting requirements under s. 301.45 of the prohibition in sub. (2), but neither the department's failure to make such an attempt nor the department's failure to notify a person of that prohibition is a defense to a prosecution under this section.
History:  2003 a. 52, 320.
The name change prohibition in sub. (2) (a) does not implicate the right to free speech by infringing expressive conduct. The 1st amendment right to free speech does not encompass the power to compel the state to facilitate a change of a legal name. Producing one's legal name is properly understood as conduct subject to government regulation, not speech. State v. C.G., 2022 WI 60, 403 Wis. 2d 229, 976 N.W.2d 318, 18-2205.
The common law right to use an alias is distinguishable from the common law rule that continuous and consistent use of an alias effectuates a legal name change. The plain text of sub. (2) abrogates the latter rule but not the former right. In other words, a registered sex offender can use an alias, but, even if the use of that alias would otherwise be sufficiently continuous and consistent to effectuate a legal name change if the offender was not a registered sex offender, by operation of law, the offender's legal name would remain unchanged. State v. C.G., 2022 WI 60, 403 Wis. 2d 229, 976 N.W.2d 318, 18-2205.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.50 - Notification of intent to chaperone sex offenders.

301.50
Notification of intent to chaperone sex offenders.
(1)
In this section, “substantial parental relationship" means the acceptance and exercise of significant responsibility for the daily supervision, education, protection, and care of the child. In evaluating whether an individual has had a substantial parental relationship with the child, factors that may be considered include, but are not limited to, whether the individual has expressed concern for or interest in the support, care, or well-being of the child; whether the individual has neglected or refused to provide care or support for the child; and whether, with respect to an individual who is or may be the father of the child, the individual has expressed concern for or interest in the support, care, or well-being of the mother during her pregnancy.
(2)
The department shall design a form to be signed by any individual who intends to be a chaperone for sex offenders. The form must include a place for the individual's signature as well as a statement that the individual has, unless par. (a), (b), or (c) applies, informed, in writing, or has made a good faith effort to inform, any individual with whom the individual who intends to be a chaperone has a child in common, whether through blood, marriage, or adoption, of his or her intent to chaperone a sex offender. The individual does not have to inform an individual with whom he or she has a child in common if any of the following applies:
(a)
The child in common is over the age of 18.
(b)
The individual who intends to be a chaperone is not the child's parent or has not had a substantial parental relationship with the child.
(c)
The individual who has a child in common with the individual who intends to be a chaperone is not the child's parent or has not had a substantial parental relationship with the child.
(3)
The department is immune from any civil liability for any good faith act or omission of the department in connection with the requirements under this section.
History:  2009 a. 257.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.01 - State prisons defined and named.

302.01
State prisons defined and named.
(1)
All of the following are state prisons:
(a)
The institutions named in this section.
(b)
The medium security correctional institutions at Redgranite and New Lisbon.
(c)
The correctional institutions authorized under s. 301.16 (1n) and (1v).
(d)
The correctional institution at Prairie du Chien authorized under s. 301.16 (1u).
(e)
The correctional institution authorized under s. 301.046 (1).
(f)
The correctional institution authorized under s. 301.048 (4) (b).
(g)
The correctional institution at Stanley authorized under 2001 Wisconsin Act 16, section 9107 (1) (b).
(h)
The minimum security correctional institutions authorized under s. 301.13.
(i)
The probation and parole holding facilities authorized under s. 301.16 (1q).
(j)
The state-local shared correctional facilities when established under s. 301.14.
(k)
The geriatric correctional institution authorized under s. 301.16 (1ww).
(2)
The penitentiary at Waupun is named “Waupun Correctional Institution."
(3)
The correctional treatment center at Waupun is named “Dodge Correctional Institution."
(4)
The penitentiary at Green Bay is named “Green Bay Correctional Institution."
(5)
The medium/maximum penitentiary at Portage is named “Columbia Correctional Institution."
(6)
The medium security institution at Oshkosh is named “Oshkosh Correctional Institution."
(7)
The medium security penitentiary near Fox Lake is named “Fox Lake Correctional Institution."
(8)
The penitentiary at Taycheedah is named “Taycheedah Correctional Institution."
(9)
The medium security penitentiary at Plymouth is named “Kettle Moraine Correctional Institution."
(10)
The penitentiary at the village of Sturtevant in Racine County is named “Racine Correctional Institution."
(10m)
The medium security correctional institution near Black River Falls is named “Jackson Correctional Institution."
(11)
The medium security penitentiary at Racine is named “Racine Youthful Offender Correctional Facility."
(12)
The resource facility at Oshkosh is named “Wisconsin Resource Center."
(13)
The adult correctional institution established under s. 301.16 (1f) is named “Lincoln County Correctional Institution.”
History:  1973 c. 90; 1975 c. 39; 1975 c. 189 s. 99 (1); 1975 c. 224, 422; 1977 c. 29; 1977 c. 418 ss. 369, 924 (18) (d); 1979 c. 221; 1981 c. 20; 1983 a. 192, 332, 538; 1985 a. 29; 1987 a. 5; 1989 a. 31 ss. 1617m, 1617n; Stats. 1989 s. 302.01; 1989 a. 359; 1991 a. 39; 1995 a. 27; 1997 a. 4, 27; 1999 a. 9; 2001 a. 16, 103; 2003 a. 33, 321; 2017 a. 59, 185.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.025 - Service of process on prison officers, employees, or inmates.

302.025
Service of process on prison officers, employees, or inmates.
(1)
Service of process may be made on the warden or superintendent of any prison named in s. 302.01 as upon any other resident of this state.
(2)
Except as provided in sub. (1), service of process within any prison under s. 302.01 on any officer, employee, or inmate of the prison shall be made by the warden or superintendent or some person appointed by the warden or superintendent to serve process.
History:  2001 a. 103 s. 262.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.03 - Oath of office.

302.03
Oath of office.
The wardens and the superintendents of the state correctional institutions, as defined in s. 301.01 (4), shall each take the official oath required by s. 19.01.
History:  1989 a. 31 s. 1619; Stats. 1989 s. 302.03; 2021 a. 247.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.04 - Duties of warden and superintendents.

302.04
Duties of warden and superintendents.
Except as provided in ss. 13.48 (14) (am) and 16.848 (1), the warden or the superintendent of each state prison shall have charge and custody of the prison and all lands, belongings, furniture, implements, stock and provisions and every other species of property within the same or pertaining thereto. The warden or superintendent shall enforce the rules of the department for the administration of the prison and for the government of its officers and the discipline of its inmates.
History:  1989 a. 31 s. 1620; Stats. 1989 s. 302.04; 1991 a. 316; 2005 a. 25; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.043 - Release of inmates serving risk reduction sentences.

302.043
Release of inmates serving risk reduction sentences.
(1)
When an inmate who is serving a risk reduction sentence imposed under s. 973.031, 2009 stats., has served not less than 75 percent of the term of confinement portion of his or her sentence under s. 973.01 and the department determines that he or she has completed the programming or treatment under his or her plan and that the inmate maintained a good conduct record during his or her term of confinement, the department shall notify the sentencing court that the inmate has successfully completed the requirements of his or her risk reduction sentence.
(2)
Upon receipt of notice under sub. (1), the court shall release the inmate to extended supervision.
(3)
Upon receiving a court order releasing the inmate under sub. (2), the department shall release the inmate within 6 working days, as defined in s. 227.01 (14) and as computed in s. 990.001 (4).
(4)
A person released under this section, his or her residence, and any property under his or her control may be searched by a law enforcement officer at any time during his or her period of supervision if the officer reasonably suspects that the person is committing, is about to commit, or has committed a crime or a violation of a condition of release to extended supervision. Any search conducted pursuant to this subsection shall be conducted in a reasonable manner and may not be arbitrary, capricious, or harassing. A law enforcement officer who conducts a search pursuant to this subsection shall, as soon as practicable after the search, notify the department.
History:  2011 a. 38; 2013 a. 79.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.055 - Transfer of inmates to resource center.

302.055
Transfer of inmates to resource center.
The department may transfer an inmate from a prison, jail or other criminal detention facility to the Wisconsin resource center if there is reason to believe that the inmate is in need of individualized care. The inmate is entitled to a transfer hearing by the department on the transfer to the Wisconsin resource center.
History:  1981 c. 20; 1989 a. 31 s. 1622; Stats. 1989 s. 302.055.
Discussing rights and responsibilities of counties in prisoner transfers to the Wisconsin resource center. 71 Atty. Gen. 170.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.06 - Delivery of persons to prisons.

302.06
Delivery of persons to prisons.
The sheriff shall deliver to the reception center designated by the department every person convicted in the county and sentenced to the Wisconsin state prisons or to the intensive sanctions program as soon as may be after sentence, together with a copy of the judgment of conviction. The warden or superintendent shall deliver to the sheriff a receipt acknowledging receipt of the person, naming the person, which receipt the sheriff shall file in the office of the clerk who issued the copy of the judgment of conviction. When transporting or delivering the person to any of the Wisconsin state prisons the sheriff shall be accompanied by an adult of the same sex as the person. If the sheriff and the person are of the same sex, this requirement is satisfied and a 3rd person is not required.
History:  1975 c. 94; 1975 c. 189 s. 99 (1); 1975 c. 224 s. 146m; 1989 a. 31 s. 1623; Stats. 1989 s. 302.06; 1991 a. 39.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.07 - Maintenance of order.

302.07
Maintenance of order.
The warden or superintendent shall maintain order, enforce obedience, suppress riots and prevent escapes. For such purposes the warden or superintendent may command the aid of the officers of the institution and of persons outside of the prison; and any person who fails to obey such command shall be punished by imprisonment in the county jail not more than one year or by a fine not exceeding $500. The warden or superintendent may adopt proper means to capture escaped inmates.
History:  1989 a. 31 s. 1624; Stats. 1989 s. 302.07; 1991 a. 316.
Because administrative segregation is the type of confinement inmates should reasonably anticipate, they have no liberty interest protected by the due process clause in not being placed in administrative segregation. The same applies to adjustment or program segregation. Kirsch v. Endicott, 201 Wis. 2d 705, 549 N.W.2d 761 (Ct. App. 1996), 94-0359.
State traffic patrol officers may act as peace officers during a prison riot or other disturbance even when this occurs during a strike of prison guards; they may not, however, perform other duties of guards. 68 Atty. Gen. 104.
Correctional staff have the authority of peace officers in pursuing and capturing escaped inmates. 68 Atty. Gen. 352.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.08 - Humane treatment and punishment.

302.08
Humane treatment and punishment.
The wardens and the superintendents and all prison officials shall uniformly treat the inmates with kindness. There shall be no corporal or other painful and unusual punishment inflicted upon inmates.
History:  1989 a. 31 s. 1625; Stats. 1989 s. 302.08.
Lawfully incarcerated persons retain only a narrow range of protected liberty interests. Hewitt v. Helms, 459 U.S. 460, 103 S. Ct. 864, 74 L. Ed. 2d 675 (1983).
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.09 - Labor and communications.

302.09
Labor and communications.
Inmates shall be employed as provided in ch. 303. Communication shall not be allowed between inmates and any person outside the prison except as prescribed by the prison regulations.
History:  1989 a. 31 s. 1626; Stats. s. 302.09.
The Department of Health and Social Services may be required to justify a refusal to allow a prisoner to write the federal Veterans Administration concerning the adequacy of the prisoner's medical treatment. State ex rel. Thomas v. State, 55 Wis. 2d 343, 198 N.W.2d 675 (1972).
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.095 - Delivering articles to inmate.

302.095
Delivering articles to inmate.
(1)
In this section, “jail" means any of the following:
(a)
A jail, as defined in s. 302.30.
(b)
A house of correction.
(c)
A Huber facility under s. 303.09.
(d)
A lockup facility, as defined in s. 302.30.
(2)
(a)
Any officer or other person who does any of the following contrary to the rules or regulations and without the knowledge or permission of the sheriff or other keeper of the jail, in the case of a jail, or the warden or superintendent of the prison, in the case of a prison, is guilty of a Class I felony:
1.
Delivers, procures to be delivered, or has in his or her possession with intent to deliver to any inmate confined in a jail or state prison, any article or thing whatever, with intent that any inmate confined in the jail or prison shall obtain or receive the same.
2.
Deposits or conceals in or about a jail or prison, or the precincts of a jail or prison, or in any vehicle going into the premises belonging to a jail or prison, any article or thing whatever, with intent that any inmate confined in the jail or prison shall obtain or receive the same.
3.
Receives from any inmate any article or thing whatever with intent to convey the same out of a jail or prison.
(b)
Any person who, contrary to the rules or regulations and without the knowledge or permission of the sheriff or other keeper of the jail, in the case of a jail, or the warden or superintendent of the prison, in the case of a prison, has in his or her possession with intent to retain for himself or herself any article or thing whatever, is guilty of a Class I felony.
History:  1989 a. 31 s. 1627; Stats. 1989 s. 302.095; 1991 a. 316; 1993 a. 490; 1995 a. 437; 1997 a. 283; 2001 a. 109; 2019 a. 111.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.10 - Solitary confinement.

302.10
Solitary confinement.
For violation of the rules of the prison an inmate may be confined to a solitary cell, under the care and advice of the physician.
History:  1989 a. 31 s. 1628; Stats. s. 302.10.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.105 - Notification prior to expiration of sentence.

302.105
Notification prior to expiration of sentence.
(1)
In this section:
(a)
“Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.
(b)
“Victim" means a person against whom a crime has been committed.
(2)
Before an inmate who is in a prison serving a sentence for a violation of s. 940.01, 940.03, 940.05, 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06, 948.07, or 948.085 is released from imprisonment because he or she has reached the expiration date of his or her sentence, the department shall make a reasonable attempt to notify all of the following persons, if they can be found, in accordance with sub. (3) and after receiving a completed card under sub. (4):
(a)
The victim of the crime committed by the inmate or, if the victim died as a result of the crime, an adult member of the victim's family or, if the victim is younger than 18 years old, the victim's parent or legal guardian.
(b)
Any witness who testified against the inmate in any court proceeding involving the offense.
(3)
The department shall make a reasonable effort to send the notice, postmarked at least 7 days before an inmate's sentence expires and he or she is released from imprisonment, to the last-known address of the persons under sub. (2).
(4)
The department shall design and prepare cards for any person specified in sub. (2) to send to the department. The cards shall have space for any such person to provide his or her name and address, the name of the applicable inmate and any other information the department determines is necessary. The department shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to persons specified in sub. (2). These persons may send completed cards to the department. All department records or portions of records that relate to mailing addresses of these persons are not subject to inspection or copying under s. 19.35 (1).
History:  1993 a. 479; 1997 a. 181; 2001 a. 16 s. 3385g; Stats. 2001 s. 302.105; 2005 a. 277; 2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.107 - Notification upon revocation.

302.107
Notification upon revocation.
(1)
In this section:
(a)
“Inmate" means the person who was convicted of an offense against the victim.
(b)
“Victim" has the meaning given in s. 950.02 (4).
(2)
Upon revocation of parole or extended supervision under s. 302.11 (7), 302.113 (9), 302.114 (9), or 304.06 (3) or (3g), the department shall make a reasonable effort to send a notice of the revocation to a victim of an offense committed by the inmate, if the victim can be found, in accordance with sub. (3) and after receiving a completed card under sub. (4).
(3)
The department shall make a reasonable effort to send the notice, postmarked not more than 10 days after the revocation, to the last-known address of the victim.
(4)
The department shall design and prepare cards for a victim of any crime for which the inmate is sentenced to confinement in prison to send to the department. The cards shall have space for any such person to provide his or her name and address, the name of the applicable inmate, and any other information the department determines is necessary. The department shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to the victims, who may send completed cards to the department. All department records or portions of records that relate to mailing addresses of these persons are not subject to inspection or copying under s. 19.35 (1).
History:  2015 a. 354.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.116 - Extended supervision conditions for sex offenders.

302.116
Extended supervision conditions for sex offenders.
(1)
In this section:
(a)
“Serious sex offense" means a violation of s. 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06, or 948.07 or a solicitation, conspiracy, or attempt to commit a violation of s. 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06, 948.07, or 948.085.
(b)
“Sex offender" means a person serving a sentence for a serious sex offense.
(2)
As a condition of extended supervision, a sex offender shall live in a residence that the department has approved.
History:  2001 a. 16; 2005 a. 277.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.117 - Notice regarding ineligibility to vote.

302.117
Notice regarding ineligibility to vote.
When an inmate who is disqualified from voting under s. 6.03 (1) (b) is released to parole or extended supervision, the department shall inform the person in writing that he or she may not vote in any election until his or her civil rights are restored. The department shall use the form designed under s. 301.03 (3a) to inform the person, and the person and a witness shall sign the form.
History:  2003 a. 121; 2005 a. 451.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.12 - Reward of merit.

302.12
Reward of merit.
(1)
The department may provide by rule for the payment of money to inmates. The rate may vary for different prisoners in accordance with the pecuniary value of the work performed, willingness, and good behavior. The payment of money to inmates working in the prison industries shall be governed by s. 303.01 (4).
(2)
Money accruing under this section remains under the control of the department, to be used for the crime victim and witness assistance surcharge under s. 973.045 (4), the deoxyribonucleic acid analysis surcharge under s. 973.046 (1r), the drug offender diversion surcharge under s. 973.043, and the benefit of the inmate or the inmate's family or dependents, under rules promulgated by the department as to time, manner and amount of disbursements. The rules shall provide that the money be used for the reasonable support of the inmate's family or dependents before it is allocated for the drug offender diversion surcharge.
History:  1975 c. 396; 1983 a. 27, 66, 528; 1985 a. 332 s. 251 (6); 1989 a. 31 s. 1631; Stats. 1989 s. 302.12; 1993 a. 16; 2005 a. 25; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.13 - Preservation of property an inmate brings to prison.

302.13
Preservation of property an inmate brings to prison.
The department shall preserve money and effects, except clothes, in the possession of an inmate when admitted to the prison and, subject to the crime victim and witness assistance surcharge under s. 973.045 (4), the deoxyribonucleic acid analysis surcharge under s. 973.046 (1r), the child pornography surcharge under s. 973.042, the drug offender diversion surcharge under s. 973.043, and victim restitution under s. 973.20 (11) (c) shall restore the money and effects to the inmate when discharged.
History:  1973 c. 90; 1983 a. 27; 1985 a. 120; 1989 a. 31 s. 1632; Stats. 1989 s. 302.13; 1993 a. 16; 2005 a. 25, 433; 2013 a. 20; 2015 a. 355.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.14 - Property of deceased inmates, parolees, probationers or persons on extended supervision, disposition.

302.14
Property of deceased inmates, parolees, probationers or persons on extended supervision, disposition.
When an inmate of a prison, a parolee of an institution, a person on extended supervision or a person on probation to the department dies leaving an estate, after paying all costs and obligations under ss. 301.32 and 301.325, of $150 or less in the trust of the warden, superintendent or secretary, the warden, superintendent or secretary shall try to determine whether or not the estate is to be probated. If probate proceedings are not commenced within 90 days, the warden, superintendent or secretary shall turn over the money or securities to the nearest of kin as evidenced by the records of the institution and the department.
History:  1989 a. 31 s. 1633; Stats. 1989 s. 302.14; 1997 a. 283; 2017 a. 246.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.15 - Activities off grounds.

302.15
Activities off grounds.
The wardens and superintendents of the state prisons, and all wardens and superintendents of county prisons, jails, camps and houses of correction enumerated in ch. 303, may take inmates away from the institution grounds for rehabilitative and educational activities approved by the department and under such supervision as the superintendent or warden deems necessary. While away from the institution grounds an inmate is deemed to be under the care and control of the institution in which he or she is an inmate and subject to its rules and discipline.
History:  1971 c. 54; 1989 a. 31 s. 1634; Stats. 1989 s. 302.15.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.17 - Register of inmates.

302.17
Register of inmates.
(1)
When any inmate is received into any state penal institution the department shall register the date of admission, the name, age, nativity and nationality and such other facts as may be obtained as to parentage, education and previous history and environments of such inmate.
(2)
The department shall make entries on the register to reflect the progress made by each inmate while incarcerated and the inmate's release on parole or extended supervision, condition at the time of release on parole or extended supervision and progress made while on parole or extended supervision.
History:  1987 a. 27, 403; 1989 a. 31 s. 1635; Stats. 1989 s. 302.17; 1997 a. 283; 2013 a. 334.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.18 - Transfers of inmates.

302.18
Transfers of inmates.
(1)
Inmates of a prison may be transferred and retransferred to another prison by the department.
(1m)
Inmates transferred to the Wisconsin resource center shall be afforded a transfer hearing under s. 302.055.
(2)
Inmates of a county house of correction may be transferred to a state prison. If any county discontinues its house of correction, inmates at the time of the discontinuance may be transferred to the state prison or to the county jail of the county as the commitment indicates.
(3)
A prisoner may request the department to transfer him or her to a prison in another state under s. 302.25.
(4)
With each person transferred to a state prison from another institution, the warden or superintendent of such other institution shall transmit the original commitment and the institutional record pertaining to such person.
(5)
Any person who is legally transferred by the department to a penal institution shall be subject to the same statutes, regulations and discipline as if the person had been originally sentenced to that institution, but the transfer shall not change the term of sentence.
(6)
Inmates may be transferred under ss. 302.45 and 973.035.
(7)
Except as provided in s. 973.013 (3m), the department shall keep a person under 15 years of age who has been sentenced to the Wisconsin state prisons in a juvenile correctional facility or a secured residential care center for children and youth, but the department may transfer that person to an adult correctional institution after the person attains 15 years of age. The department may not transfer any person under 18 years of age to the correctional institution authorized in s. 301.16 (1n).
History:  1981 c. 20; 1983 a. 332; 1987 a. 27; 1989 a. 31 s. 1636; Stats. 1989 s. 302.18; 1991 a. 39, 316; 1993 a. 89; 1995 a. 27, 77; 2001 a. 16; 2005 a. 344.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.185 - Transfer to foreign countries under treaty.

302.185
Transfer to foreign countries under treaty.
If a treaty is in effect between the United States and a foreign country, allowing a convicted person who is a citizen or national of the foreign country to transfer to the foreign country, the governor may commence a transfer of the person if the person requests.
History:  1981 c. 29; 1989 a. 31 s. 1637; Stats. 1989 s. 302.185.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.20 - Uniforms for correctional officers.

302.20
Uniforms for correctional officers.
The department shall furnish and, from time to time replace, a standard uniform to be prescribed by the department including items of clothing (not including overcoats), shoulder patches, caps, lapel insignia, and badge to each correctional officer in the department who is required to wear such standard uniform.
History:  1989 a. 31 s. 1639; Stats. 1989 s. 302.20.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.21 - Vocational education program in auto body repair at the Green Bay Correctional Institution.

302.21
Vocational education program in auto body repair at the Green Bay Correctional Institution.
(1)
The department may maintain and operate a vocational education program in auto body repair at the Green Bay Correctional Institution. Notwithstanding s. 303.06 (1), in connection with the vocational education program the institution may receive from licensed automobile dealers and regularly established automobile repair shops vehicles to be repaired, painted or otherwise processed by residents enrolled in the program.
(2)
Prices for repairing, painting or otherwise processing vehicles in the program shall be fixed as near as possible to the market value of the labor and materials furnished. Proceeds received from the repairing, painting or other processing of vehicles shall be deposited as provided in s. 20.410 (1) (kk) and shall be available to the institution to purchase materials, supplies and equipment necessary to operate the vocational education program in auto body repair.
History:  1975 c. 224; 1977 c. 418; 1979 c. 34 s. 2102 (20) (a); 1981 c. 314 s. 146; 1989 a. 31 s. 1640; Stats. 1989 s. 302.21; 1989 a. 283.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.26 - Corrections compact; contracts with other states; approval.

302.26
Corrections compact; contracts with other states; approval.
The secretary is responsible for performing all functions necessary or incidental to carrying out the requirements of the interstate corrections compact under s. 302.25. The secretary may delegate and redelegate any of the functions as provided in s. 15.02 (4). If a contract under s. 301.21 or 302.25 involves the transfer of more than 10 prisoners in any fiscal year to any one state or to any one political subdivision of another state, the contract may be entered into only if it is approved by the legislature by law or by the joint committee on finance.
History:  1981 c. 20; 1983 a. 27; 1989 a. 31 s. 1643; Stats. 1989 s. 302.26; 1995 a. 344.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.27 - Contracts for temporary housing for or detention of persons on probation or prisoners.

302.27
Contracts for temporary housing for or detention of persons on probation or prisoners.
(1)
The department may contract with a local unit of government, as defined in s. 16.957 (1) (k), for temporary housing or detention in county jails, county houses of correction, or tribal jails for persons placed on probation or sentenced to imprisonment in state prisons or to the intensive sanctions program. The rate under any such contract may not exceed $60 per person per day. Nothing in this subsection limits the authority of the department to place persons in jails under s. 301.048 (3) (a) 1.
(2)
Inmates who are confined or detained under sub. (1) may be granted the privilege of leaving the facility during necessary and reasonable hours to engage in employment-related activities including seeking employment, engaging in employment training, working at employment, performing community service work, or attendance at an educational institution, or for any other activity designated in the contract under sub. (1). The sheriff, superintendent of the house of correction, or tribal chief of police, in conjunction with the department, shall determine inmate eligibility to participate in such activities and may terminate participation or return an inmate to state facilities, or both, at any time.
History:  1983 a. 27; 1989 a. 31 s. 1644; Stats. 1989 s. 302.27; 1991 a. 39; 1993 a. 89, 437; 2013 a. 196; 2017 a. 89.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.30 - Definition of jail.

302.30
Definition of jail.
In ss. 302.30 to 302.43, “ jail" includes municipal prisons and rehabilitation facilities established under s. 59.53 (8) by whatever name they are known. In s. 302.37 (1) (a) and (3) (a), “jail" does not include lockup facilities. “Lockup facilities" means those facilities of a temporary place of detention at a police station which are used exclusively to hold persons under arrest until they can be brought before a court, and are not used to hold persons pending trial who have appeared in court or have been committed to imprisonment for nonpayment of fines or forfeitures. In s. 302.365, “jail" does not include rehabilitation facilities established under s. 59.53 (8).
History:  1979 c. 34; 1987 a. 394; 1989 a. 31 s. 1645; Stats. 1989 s. 302.30; 1995 a. 201.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.31 - Use of jails.

302.31
Use of jails.
The county jail may be used for any of the following purposes:
(1)
The detention of persons charged with crime and committed for trial.
(1m)
The detention of persons subject to confinement under s. 322.011.
(2)
The detention of persons committed to secure their attendance as witnesses.
(3)
To imprison persons committed pursuant to a sentence or held in custody by the sheriff for any cause authorized by law.
(4)
The detention of persons sentenced to imprisonment in state penal institutions or a county house of correction, until they are removed to those institutions.
(5)
The detention of persons participating in the intensive sanctions program.
(6)
The temporary detention of persons in the custody of the department.
(7)
The temporary placement of persons in the custody of the department, other than persons under 17 years of age, and persons who have attained the age of 17 years but have not attained the age of 25 years who are under the supervision of the department under s. 938.355 (4) and who have been taken into custody pending revocation of community supervision or aftercare supervision under s. 938.357 (5) (e).
(8)
Under an agreement under s. 66.0303, the detention of persons detained or imprisoned before, during, or after trial by a county that borders on this state and is located in the state of Michigan. The agreement under s. 66.0303 for the detention of persons from another state shall take into account the provisions of this chapter regarding the detention of persons in county jails.
(8m)
Under an agreement under s. 66.0303, the detention of persons detained or imprisoned before, during, or after trial by a county that borders on this state. An agreement under this subsection may not provide for the detention of a person detained or imprisoned in a county jail by a county that borders on this state who has been sentenced to imprisonment in a state prison in that state. The agreement under s. 66.0303 for the detention of persons from another state shall take into account the provisions of this chapter regarding the detention of persons in county jails.
(9)
Other detentions authorized by law.
History:  1981 c. 20; 1989 a. 31 s. 1646; Stats. 1989 s. 302.31; 1989 a. 336; 1991 a. 39; 1993 a. 16, 89, 385, 490; 1995 a. 27, 77; 2003 a. 81, 226, 326; 2007 a. 200; 2013 a. 334; 2015 a. 55.
The Department of Corrections has discretion to keep its detainees in a county jail, but sheriffs in their capacity as custodians of the jails have authority to refuse to keep department detainees if doing so will endanger jail safety. DOC v. Kliesmet, 211 Wis. 2d 254, 564 N.W.2d 742 (1997), 96-2292.
Out-of-state prisoners may be housed by the state, a county, or a municipality only as authorized by statute, which is currently limited to the Interstate Corrections Compact, s. 302.25. OAG 2-99.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.315 - Use of county house of correction.

302.315
Use of county house of correction.
A county house of correction may be used for the detention of any person detained in the county jail but the person shall be separated, if feasible, from the inmates of the house of correction in a manner determined by the department.
History:  1977 c. 126; 1989 a. 31 s. 1647; Stats. 1989 s. 302.315.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.336 - County jail in populous counties.

302.336
County jail in populous counties.
(1)
A county having a population of 750,000 or more shall provide, as part of its county jail, for the confinement of all persons arrested for violation of state laws or municipal ordinances or otherwise detained by police officers of a 1st class city located within the county. A contribution toward the construction and equipment of the county jail from a 1st class city accepted by a county having a population of 750,000 or more under an intergovernmental cooperation agreement under s. 66.0301 is made for a municipal purpose, and a 1st class city may borrow money under ch. 67, appropriate funds and levy taxes for that purpose.
(2)
Prisoners confined in the county jail under sub. (1) are in the legal custody of the county sheriff or other keeper of the jail. The sheriff or other keeper is legally responsible for any such prisoner's confinement; maintenance; care, including medical and hospital care; release prior to an initial appearance in court; and the initial appearance before the circuit court or the initial appearance before a municipal court at a location within the county jail.
(3)
Except as provided in sub. (4) and ss. 302.33 (2) and 302.38, a county under sub. (1) is solely responsible for:
(a)
The costs of operating and maintaining the county jail and maintaining the prisoners in the county jail.
(b)
The costs of carrying out its legal responsibilities under sub. (2).
(4)
An intergovernmental cooperation agreement under s. 66.0301 between a city and a county under sub. (1) may provide for the city to reimburse the county for its cost of custody at the initial appearance before a municipal court located within the county jail for prisoners who are in custody exclusively for violation of a municipal ordinance.
History:  1989 a. 261; 1989 a. 359 s. 200; Stats. 1989 s. 302.336; 1995 a. 43; 1999 a. 150 s. 672; 2017 a. 207 s. 5.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.34 - Use of jail of another county.

302.34
Use of jail of another county.
Courts, judges and officers of any county having no jail and no cooperative agreement under s. 302.44 may sentence, commit or deliver any person to the jail of any other county as if that jail existed in their own county. The sheriff of the other county shall receive and keep the prisoner in all respects as if committed from his or her county. The cost of the keep shall be paid by the county from which the prisoner was sentenced, committed or delivered.
History:  1983 a. 110; 1989 a. 31 s. 1649; Stats. 1989 s. 302.34.
Cross-reference:  See s. 973.03 (1) for similar provision.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.35 - Removal of prisoners in emergency.

302.35
Removal of prisoners in emergency.
In an emergency and for the safety of prisoners in any jail, the sheriff or other keeper may remove them to a place of safety and there confine them so long as necessary. If any county jail is destroyed or is insecure for keeping prisoners, the sheriff may remove them to some other county jail, where they shall be received and kept as if committed thereto, but at the expense of the county from which they were removed. An endorsement on the commitment of a prisoner, made by the sheriff in charge of such prisoner, directed to the sheriff of another county, shall be authority for the latter to hold the prisoner.
History:  1989 a. 31 s. 1650; Stats. 1989 s. 302.35.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.36 - Classification of prisoners.

302.36
Classification of prisoners.
The sheriff, jailer, or keeper of a jail shall establish a prisoner classification system to determine prisoner housing assignments, how to supervise and provide services and programs to a prisoner, and what services and programs to provide a prisoner. The prisoner classification system shall be based on objective criteria, including a prisoner's criminal offense record and gender, information relating to the current offense for which the prisoner is in jail, the prisoner's history of behavior in jail, the prisoner's medical and mental health condition, and any other factor the sheriff, jailer, or keeper of a jail considers necessary to provide for the protection of prisoners, staff, and the general public.
History:  1977 c. 7; 1983 a. 185; 1989 a. 31 s. 1651; Stats. 1989 s. 302.36; 1995 a. 201; 2005 a. 295.
This section does not require sheriffs to include any feature in the classification system that can or must be used to disregard court orders for Huber release. State ex rel. Coogan v. Michek, 2020 WI App 37, 392 Wis. 2d 885, 945 N.W.2d 752, 18-2350.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.37 - Maintenance of jail and care of prisoners.

302.37
Maintenance of jail and care of prisoners.
(1)
(a)
The sheriff or other keeper of a jail shall constantly keep it clean and in a healthful condition and pay strict attention to the personal cleanliness of the prisoners and shall cause the clothing of each prisoner to be properly laundered. The sheriff or keeper shall furnish each prisoner with clean water, towels and bedding. The sheriff or keeper shall serve each prisoner 3 times daily with enough well-cooked, wholesome food. The county board shall prescribe an adequate diet for the prisoners in the county jail.
(b)
The keeper of a lockup facility shall constantly keep it clean and in a healthful condition and pay strict attention to the personal cleanliness of the prisoners. The keeper shall serve each prisoner with clean water, towels and food.
(2)
Except as provided in s. 302.375 (2m), neither the sheriff or other keeper of any jail nor any other person shall give, sell or deliver to any prisoner for any cause whatever any alcohol beverages unless a physician certifies in writing that the health of the prisoner requires it, in which case the prisoner may be allowed the quantity prescribed.
(3)
(a)
The county or municipality shall furnish its jail with necessary bedding, clothing, toilet facilities, light and heat for prisoners.
(b)
The owner of a lockup facility shall furnish toilet facilities, light and heat for prisoners.
(4)
The sheriff or other keeper of a jail may use without compensation the labor of any prisoner sentenced to actual confinement in the county jail or, with the prisoner's consent, any other prisoner in the maintaining of and the housekeeping of the jail, including the property on which it stands. Any prisoner who escapes while working on the grounds outside the jail enclosure shall be punished as provided in s. 946.42.
History:  1979 c. 34; 1981 c. 79 s. 17; 1985 a. 167; 1989 a. 31 s. 1653; Stats. 1989 s. 302.37; 1991 a. 316; 1993 a. 213; 2005 a. 67.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.373 - Prisoner reimbursement to municipality.

302.373
Prisoner reimbursement to municipality.
(1)
In this section:
(a)
“Jail" means a county jail, a rehabilitation facility established by s. 59.53 (8), or a county house of correction under s. 303.16.
(b)
“Prisoner" means a person who is incarcerated in a jail by court order under s. 800.095 (1) (b).
(2)
(a)
Except as provided in par. (b), a city, village, or town may seek reimbursement from the prisoner for the amount paid to a county under s. 800.095 (1) (d) for the expenses incurred by the county to incarcerate the prisoner.
(b)
This section applies to expenses incurred after June 3, 2003.
(3)
Within 12 months after the release of a prisoner from jail, the city, village, or town shall commence a civil action in circuit court to obtain a judgment for the amount paid to the county under sub. (2) or be barred.
(4)
Before entering a judgment in an action under sub. (3) for a city, village, or town, the court shall consider any legal obligations of the defendant for support or maintenance under ch. 767 and any moral obligation of the defendant to support dependents and may reduce the amount of the judgment entered for the city, village, or town based on those obligations.
History:  2003 a. 28; 2009 a. 402.