reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.375 - Restrictions on liquor and dangerous drugs; placement of prisoners.

302.375
Restrictions on liquor and dangerous drugs; placement of prisoners.
(1g)
In this section:
(a)
“Controlled substance" has the meaning given in s. 961.01 (4).
(am)
“Controlled substance analog" has the meaning given in s. 961.01 (4m).
(b)
“Precinct" means a place where any activity is conducted by the prison, jail or house of correction.
(1m)
Except as provided in sub. (2m), any sheriff, jailer or keeper of any prison, jail or house of correction or any other person who does any of the following with respect to a prisoner within the precincts of any prison, jail or house of correction shall be fined not more than $10,000 or imprisoned not more than 9 months or both:
(a)
Sells, gives or delivers any intoxicating liquor to the prisoner.
(b)
Willfully permits a prisoner to have any controlled substance, controlled substance analog or intoxicating liquor.
(c)
Has within his or her possession in the prison, jail or house of correction any intoxicating liquor, with intent to sell, give or deliver the liquor to the prisoner.
(2)
Except as provided in sub. (2m), any prisoner who uses intoxicating liquor in violation of s. 302.37 (2) shall be fined not more than $10,000 or imprisoned for not more than 9 months or both.
(2m)
A member of the clergy may possess no more than 2 ounces of wine in a prison, jail, or house of correction if he or she intends to use it in a religious service. A member of the clergy may give or deliver a reasonable amount of wine to an inmate and an inmate may consume that wine as part of a religious service. The department is not required to purchase or store wine for an inmate, a chaplain, or any other member of the clergy who is acting under this subsection.
(3)
(a)
Any sheriff, jailer or keeper of any prison, jail or house of correction or any other person who places, keeps together or knowingly permits to be kept together prisoners of different sexes within the precincts of any prison, jail or house of correction shall be fined not more than $500 or imprisoned not more than 6 months or both.
(b)
Notwithstanding par. (a), the sheriff, jailer or keeper may permit prisoners of different sexes to participate together in treatment or in educational, vocational, religious or athletic activities or to eat together, under such supervision as the sheriff, jailer or keeper deems necessary.
History:  1977 c. 337; 1979 c. 116; 1983 a. 185; 1989 a. 31 s. 1654; Stats. 1989 s. 302.375; 1995 a. 448; 2001 a. 103; 2005 a. 67; 2021 a. 240 s. 30.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.381 - Emergency services for crisis intervention for prisoners.

302.381
Emergency services for crisis intervention for prisoners.
The costs of providing emergency services for crisis intervention for prisoners of a jail or house of correction with medical illnesses or disabilities, mental illnesses, developmental disabilities or alcohol or other drug abuse problems are payable according to the criteria under s. 302.38 (2). If applicable, a county may seek payment under this section or seek reimbursement under s. 302.372, but may not collect for the same expenses twice.
History:  1987 a. 394; 1989 a. 31 s. 1657; Stats. 1989 s. 302.381; 1995 a. 281.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.383 - Mental health treatment of prisoners.

302.383
Mental health treatment of prisoners.
(2)
On or before January 30 annually, the sheriff or other keeper of a jail or house of correction shall report to the department on all of the following for the previous calendar year:
(a)
The number of prisoners from the jail or house of correction who were transferred to a state treatment facility and the number who were transferred to a county treatment facility under each of the following:
1.
A commitment under s. 51.20 (1) (a).
3.
A voluntary transfer under s. 51.37 (5).
4.
An emergency transfer under s. 51.37 (5).
(b)
The length of stay in the treatment facility of each prisoner reported under par. (a).
(3)
The report under sub. (2) shall include a description of the mental health services that are available to prisoners on either a voluntary or involuntary basis.
History:  1987 a. 394; 1989 a. 31 s. 1658; Stats. 1989 s. 302.383; 2009 a. 260.
NOTE:  1987 Wis. Act 394, which created this section, contains explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.384 - Procedure if a prisoner refuses appropriate care or treatment.

302.384
Procedure if a prisoner refuses appropriate care or treatment.
(1m)
In this section, “health care professional" means a person licensed, certified, or registered under ch. 441, 448, or 455; or a person who holds a compact privilege under subch. XI of ch. 448; or a psychologist who is exercising the temporary authorization to practice, as defined in s. 455.50 (2) (o), in this state or who is practicing under the authority to practice interjurisdictional telepsychology, as defined in s. 455.50 (2) (b).
NOTE: Sub. (1m) is shown as affected by 2021 Wis. Acts 131 and 240 and as merged by the legislative reference bureau under s. 13.92 (2) (i). The cross-reference to subch. XI of ch. 448 was changed from subch. X of ch. 448 by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of subch. X of ch. 448.
(2m)
A sheriff, jailer, keeper of any prison, jail or house of correction and the arresting officer are immune from civil liability for any acts or omissions that occur as the result of a good faith effort to allow a prisoner to refuse appropriate care or treatment if all of the following occur:
(a)
A sheriff, jailer, keeper or officer arranges for a health care professional to observe the prisoner.
(b)
The health care professional informs the prisoner of the availability of appropriate care or treatment.
(c)
The health care professional indicates on records kept by a sheriff, jailer, keeper or officer that appropriate care or treatment was offered and that the prisoner refused that care or treatment.
History:  1987 a. 269, 403; 1989 a. 31 s. 1659; Stats. 1989 s. 302.384; 2019 a. 90; 2021 a. 131, 240; s. 13.92 (1) (bm) 2.; s. 13.92 (2) (i).
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.385 - Correctional institution health care.

302.385
Correctional institution health care.
The standards for delivery of health services in state correctional institutions governed under s. 301.02 shall be based on the standards of any professional organization that establishes standards for health services in prisons and that is recognized by the department.
History:  1979 c. 221; 1983 a. 27; 1989 a. 31 s. 1660; Stats. 1989 s. 302.385; 1997 a. 289.
This section does not confer a constitutionally protected substantive property right in an inmate's prescription medication. An inmate denied medication need not have been afforded procedural due process either before or after the deprivation. Ledford v. Sullivan, 105 F.3d 354 (1997).
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.39 - Freedom of worship; religious ministration.

302.39
Freedom of worship; religious ministration.
Insofar as practicable, s. 301.33 shall apply to county jails.
History:  1989 a. 31 s. 1663; Stats. 1989 s. 302.39.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.40 - Discipline; solitary confinement.

302.40
Discipline; solitary confinement.
For violating the rules of the jail, an inmate may be kept in solitary confinement, under the care and advice of a physician, but not over 10 days.
History:  1989 a. 31 s. 1664; Stats. 1989 s. 302.40.
Pretrial detainees in jail are entitled to a due process hearing prior to more than a slight deprivation of privileges, including a loss of any privilege for more than one day. Representation by counsel is not essential. Inmates of Milwaukee County Jail v. Petersen, 353 F. Supp. 1157 (1973).
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.41 - Care of prisoners.

302.41
Care of prisoners.
Whenever there is a prisoner in any jail there shall be at least one person of the same sex on duty who is wholly responsible to the sheriff or keeper for the custody, cleanliness, food and care of such prisoner.
History:  1975 c. 94; 1989 a. 31 s. 1665; Stats. 1989 s. 302.41.
This section does not conflict with the Wisconsin Fair Employment Act. Discussing a “bona fide occupational qualification" under Title VII of the federal 1964 Civil Rights Act. Counties must comply with this section when they can do so without conflict with Title VII. 70 Atty. Gen. 202.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.42 - Jailer constantly at jail.

302.42
Jailer constantly at jail.
There shall be a keeper or custodian or attendant present at every jail while there is a prisoner therein.
History:  1989 a. 31 s. 1666; Stats. 1989 s. 302.42.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.43 - Good time.

302.43
Good time.
Every inmate of a county jail is eligible to earn good time in the amount of one-fourth of his or her term for good behavior if sentenced to at least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects or refuses to perform any duty lawfully required of him or her, may be deprived by the sheriff of good time under this section, except that the sheriff shall not deprive the inmate of more than 2 days good time for any one offense without the approval of the court. An inmate who files an action or special proceeding, including a petition for a common law writ of certiorari, to which s. 807.15 applies shall be deprived of the number of days of good time specified in the court order prepared under s. 807.15 (3). This section does not apply to a person who is confined in the county jail in connection with his or her participation in a substance abuse treatment program that meets the requirements of s. 165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10).
History:  1977 c. 353; 1989 a. 31 s. 1667; Stats. 1989 s. 302.43; 1997 a. 133; 2005 a. 25; 2013 a. 20.
A person confined in jail as a condition of probation is not entitled to earn good time. State v. Fearing, 2000 WI App 229, 239 Wis. 2d 105, 619 N.W.2d 115, 99-2849.
When the defendant was sentenced to ten months in the house of correction for battery and seven years in state prison for intimidation, the defendant was not entitled to “good time" credit for the house of correction sentence, which should be applied to the prison sentence. The trial court was required to construe the defendant's sentences as a single sentence, which put the sentences under the purview of s. 973.01. Because the defendant was, under the terms of the statutes, an inmate of the prison system rather than the county jail, this section, the county jail “good time" statute, does not apply to the defendant's sentence. State v. Harris, 2011 WI App 130, 337 Wis. 2d 222, 805 N.W.2d 386, 10-1955.
One confined for civil (remedial) contempt is not eligible to earn good time, but one confined for criminal (punitive) contempt is eligible. 74 Atty. Gen. 96.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.445 - Confinement of county jail prisoners in tribal jails.

302.445
Confinement of county jail prisoners in tribal jails.
The county board and the sheriff of any county may enter into an agreement with the elected governing body of a federally recognized American Indian tribe or band in this state for the confinement in a tribal jail of county jail prisoners. The sheriff retains responsibility for the prisoners for providing custody, care, treatment, services, leave privileges and food and determining good time as if they remained county jail prisoners, except that the sheriff may delegate, under the agreement, any of the responsibility to the tribal chief of police. The tribal jail is subject to s. 301.37 (4) but is not subject to the requirements for county jails unless otherwise provided under the agreement.
History:  1993 a. 48.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.446 - Confinement of tribal prisoners in county jails.

302.446
Confinement of tribal prisoners in county jails.
(1)
The county board and the sheriff of any county may enter into an agreement with the elected governing body of a federally recognized American Indian tribe or band in this state for the confinement in the county jail of a person who is being confined for any of the following reasons:
(a)
The person has been arrested by a tribal law enforcement officer for violating a tribal statute or ordinance.
(b)
The person has been ordered incarcerated by a tribal court.
(c)
The person is being held in custody for any cause authorized by tribal law.
(2)
Notwithstanding ss. 302.33 (1), 302.37, 302.38, 302.381, 302.383, 302.41, 302.43 and 303.08, the tribe or tribal official designated by the tribe retains responsibility for the prisoners for providing custody, care, treatment, services, leave privileges and food and for determining good time as if they remained tribal prisoners, except that the tribe or tribal official designated by the tribe may delegate, under the agreement, any of the responsibility to the sheriff. The county jail is not subject to any of the requirements for tribal jails unless otherwise provided under the agreement.
History:  1995 a. 379.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.45 - State-local shared correctional facilities.

302.45
State-local shared correctional facilities.
(1)
The department and any county or group of counties may contract for the cooperative establishment and use of state-local shared correctional facilities. Inmates sentenced to the Wisconsin state prisons, a county jail, a county reforestation camp or a county house of correction may be transferred to a shared facility by the department, sheriff or superintendent, respectively, under the agreement covering use of the facility. Any inmate confined in a state-local shared correctional facility shall be deemed to be serving time in the penal institution to which he or she was sentenced and shall be eligible to earn good time credit against his or her sentence as provided under ss. 302.11, 302.12, 302.43, 303.07 and 303.19 for that institution.
(2)
Costs of establishment and use of state-local shared correctional facilities shall be borne in accordance with the contract between the department and the cooperating county or counties. The contract shall provide for administration of the facility, establish criteria and a procedure for transfer of inmates to and from the facility and allow for dissolution of the agreement. The contract may exempt inmates at the shared facility from rules governing inmates at other prisons and county correctional facilities and, within statutory authority, establish separate rules for the facility.
(3)
Any county jail, reforestation camp established under s. 303.07, county house of correction or rehabilitation facility established under s. 59.53 (8), whether operated by one county or more than one county, may be a state-local shared correctional facility.
(4)
The Taycheedah Correctional Institution may not be used as a state-local shared correctional facility.
History:  1983 a. 332; 1989 a. 31 s. 1669; Stats. 1989 s. 302.45; 1995 a. 201; 2013 a. 165 s. 115.
NOTE:  1983 Wis. Act 332, which created this section, contains a long prefatory note explaining the bill. See 1983 Session Laws.
2023 Wisconsin Statutes & Annotations › Chapter 302 - Prisons; state, county and municipal. › 302.46 - Jail surcharge.

302.46
Jail surcharge.
(1)
(a)
If a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) or (2m), for a financial responsibility violation under s. 344.62 (2), or for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations, violations under s. 343.51 (1m) (b), or safety belt use violations under s. 347.48 (2m), the court, in addition, shall impose a jail surcharge under ch. 814 in an amount of 1 percent of the fine or forfeiture imposed or $10, whichever is greater. If multiple offenses are involved, the court shall determine the jail surcharge on the basis of each fine or forfeiture. If a fine or forfeiture is suspended in whole or in part, the court shall reduce the jail surcharge in proportion to the suspension.
(b)
If a fine or forfeiture is imposed by a court of record, after a determination by the court of the amount due for the jail surcharge, the clerk of the court shall collect and transmit the jail surcharge to the county treasurer as provided in s. 59.40 (2) (n). The county treasurer shall place the amount in the county jail fund as provided in s. 59.25 (3) (g).
(c)
If a fine or forfeiture is imposed by a municipal court, after a determination by the court of the amount due for the jail surcharge, the court shall collect and transmit the jail surcharge to the county treasurer under s. 800.10 (2). The county treasurer shall place the amount in the county jail fund as provided in s. 59.25 (3) (g).
(d)
If any deposit of bail is made for a noncriminal offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the jail surcharge under this section for forfeited bail. If bail is forfeited, the amount of the jail surcharge shall be transmitted to the county treasurer under this section. If bail is returned, the jail surcharge shall also be returned.
(2)
Counties may make payments for construction, remodeling, repair or improvement of county jails and for costs related to providing educational and medical services to inmates from county jail funds.
(3)
This section applies only to violations occurring on or after October 1, 1987.
History:  1987 a. 27; 1989 a. 22; 1989 a. 31 s. 1670c, 1670g; Stats. 1989 s. 302.46; 1989 a. 97, 359; 1991 a. 26, 32, 130, 189; 1993 a. 313; 1995 a. 201; 1999 a. 72; 2001 a. 16; 2003 a. 30, 139, 268, 326, 327; 2005 a. 455; 2009 a. 12, 28, 100, 256; 2011 a. 260.
The imposition of a fine or forfeiture is a prerequisite to the imposition of a jail assessment under sub. (1). State v. Carter, 229 Wis. 2d 200, 598 N.W.2d 619 (Ct. App. 1999), 98-1688.
2023 Wisconsin Statutes & Annotations › Chapter 303 - Prison labor. › 303.015 - Prison industries board.

303.015
Prison industries board.
(1)
The prison industries board has the following powers and duties:
(a)
The department shall submit each department biennial budget request for prison industries and every substantial department-proposed modification of the prison industries budget to the board for review before it is submitted to the department of administration, governor, joint committee on finance or legislature. If the board does not approve the budget request or modification, the board may develop an alternative proposal or a statement that shall be appended to the budget request or modification and submitted with it.
(b)
The board shall develop a plan containing recommendations for the manufacture and marketing of prison industries products, the provision of prison industries services and the provision of research and development activities. Whenever feasible, the plan shall include research activities with a facility involved in the cocomposting of solid waste and sludge from wastewater treatment facilities. The plan may include, but is not limited to, recommended market research, product modifications, manufacturing techniques, pricing policies, advertising and elimination or establishment of specific industries or products. No prison industry may be established or permanently closed without approval of the board.
(c)
Prior to submission to the legislative council staff for review under s. 227.15, departmental rules relating to hiring, termination, evaluation and compensation of, or other conditions of employment for, inmates or residents in prison industries shall be submitted to the board for approval. Board authority over rules shall not extend to determination of which inmates or residents are eligible for employment in prison industries or to security matters.
(d)
No purchase of more than $250,000 may be made for prison industries without prior approval of the board.
(e)
The board shall review and either approve or deny a proposal under s. 303.06 (5) to offer for sale in the open market a product or type of product manufactured in whole or in part by inmates as part of a hobby-craft program or vocational training. Once the board has approved the sale of a particular product or type of product under this paragraph, the product or type of product may be offered for sale by any tax-supported or nonprofit agency under s. 303.06 (5) without further approval by the board under this paragraph.
(2)
When exercising its powers, the board shall consider the effect of its actions on private business, industry and labor.
(3)
In this section, “prison industries" does not include any correctional farm operation.
History:  1983 a. 27, 333; 1985 a. 182 s. 57; 1989 a. 31 s. 1675; Stats. 1989 s. 303.015; 1989 a. 335; 1991 a. 39; 1995 a. 27, 389.
2023 Wisconsin Statutes & Annotations › Chapter 303 - Prison labor. › 303.016 - Accounting system.

303.016
Accounting system.
The department shall establish and implement an accounting system for prison industries, in conformance with generally accepted accounting principles, for purposes of internal budget control. The department shall continue to provide cash-based financial reports and information for prison industries that are required by the department of administration.
History:  1983 a. 27; 1989 a. 31 s. 1676; Stats. 1989 s. 303.016; 1989 a. 56 s. 103.
2023 Wisconsin Statutes & Annotations › Chapter 303 - Prison labor. › 303.018 - Annual report.

303.018
Annual report.
The departments of corrections and administration shall report, on an annual basis, to the joint committee on finance and to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3) on the status of the prison industries program. The report shall include all of the following:
(1)
The cash balance of each industry at the end of the previous fiscal year.
(2)
The cash balance at the end of the previous fiscal year for all prison industries and, if this amount is negative, whether the negative balance is fully offset by applicable assets specified in s. 20.903 (2).
(3)
The amount expended by state agencies for wood furniture and for printing, and the portion of that amount for furniture and printing provided by prison industries.
History:  1983 a. 27; 1989 a. 31 s. 1677c to 1681; Stats. 1989 s. 303.018; 1989 a. 283.
2023 Wisconsin Statutes & Annotations › Chapter 303 - Prison labor. › 303.019 - Quarterly report.

303.019
Quarterly report.
The departments of corrections and administration shall report, on a quarterly basis, except for the last quarter in a fiscal year, to the joint committee on finance providing a cash balance summary for each prison industry and a projected fiscal year-end profit and loss statement for the prison industry program. The departments shall submit each report within 30 days after the end of the quarter.
History:  1989 a. 31 ss. 1681g, 1681gm; Stats. 1989 s. 303.019.
2023 Wisconsin Statutes & Annotations › Chapter 303 - Prison labor. › 303.03 - Prison labor on farms and buildings.

303.03
Prison labor on farms and buildings.
The wardens and the superintendents of the state prisons may employ inmates outside the institution's yard in cultivating the farms or in doing any necessary work in the prosecution of the regular business of the institution or of other state institutions or of any other activity of the state or of any political subdivision thereof or in the construction of buildings by the state; and any such inmate who escapes shall be deemed as having escaped from the institution proper.
History:  1989 a. 31 s. 1682; Stats. 1989 s. 303.03.
2023 Wisconsin Statutes & Annotations › Chapter 303 - Prison labor. › 303.04 - Correctional farms.

303.04
Correctional farms.
The board of commissioners of public lands, the department of natural resources and the department may select from the state forest reserves a quantity of land not to exceed 5,000 acres and convert the same into farms for the state prisons.
History:  1989 a. 31 s. 1683; Stats. 1989 s. 303.04; 1991 a. 39.
2023 Wisconsin Statutes & Annotations › Chapter 303 - Prison labor. › 303.05 - Vocational instruction at prisons.

303.05
Vocational instruction at prisons.
The department may maintain in the state prisons vocational schools and instruct the inmates in trades and domestic science; and may create such industries as seem to the department for the best interests of the inmates.
History:  1989 a. 31 s. 1684; Stats. 1989 s. 303.05.
2023 Wisconsin Statutes & Annotations › Chapter 303 - Prison labor. › 303.063 - Secure work program.

303.063
Secure work program.
(1)
The department may establish a secure work program for inmates in which the inmates are assigned to work away from the grounds of the institution while appropriately restrained for security purposes.
(2)
If the department establishes a secure work program under sub. (1), the department shall, before implementing the program, promulgate rules specifying the procedures and regulations relating to the program. The rules shall require inmates who are on work assignments under the program to wear distinctively colored outer garments.
History:  1995 a. 416.
2023 Wisconsin Statutes & Annotations › Chapter 303 - Prison labor. › 303.069 - Correctional institution enterprises; activities of inmates.

303.069
Correctional institution enterprises; activities of inmates.
The department shall record the source of all moneys received under s. 20.410 (1) (kc), crediting each amount received to the institution where the inmate activity occurred or to the department. The department shall allocate moneys under s. 20.410 (1) (kc) so that the allocation of each institution or the department does not exceed its credit.
History:  1991 a. 39; 1993 a. 437.
2023 Wisconsin Statutes & Annotations › Chapter 303 - Prison labor. › 303.09 - Huber facilities.

303.09
Huber facilities.
(1)
The county board of any county may establish, relocate and maintain an unlocked facility for use exclusively by persons granted leave privileges under s. 303.08 (1) and persons confined under s. 973.09 (4) or 973.11 (1) (b). The facility need not be located at the county seat.
(2)
The county boards of 2 or more counties may jointly establish, relocate and maintain a facility described in sub. (1). The operation and expenses of the facility shall be governed by an agreement between those counties. In a jointly established facility, authority under ss. 303.08 (2m), 973.09 (4) and 973.11 (1) (b) may be exercised by a sheriff of any of the counties which jointly establish the facility. The agreement shall specify who has authority to act under ss. 303.08 (2m), 973.09 and 973.11 (1) (b).
History:  1983 a. 254; 1989 a. 31 s. 1690; Stats. 1989 s. 303.09; 1991 a. 253.
2023 Wisconsin Statutes & Annotations › Chapter 303 - Prison labor. › 303.16 - County house of correction.

303.16
County house of correction.
(1)
The county board of any county may, pursuant to s. 301.37, establish, relocate and maintain within the county a house of correction for the reformation and employment of persons sentenced to confinement therein.
(2)
The expenses of maintaining a house of correction under sub. (1), above all receipts for the labor of persons confined therein and for the support of prisoners therein whose support is not chargeable to the applicable county, shall be audited by the county board at its annual meeting, and paid out of the county treasury, and shall be raised, levied and collected as part of the ordinary expenses of the county.
(3)
Any 2 or more counties may jointly provide for one county house of correction if each of the counties has a population of less than 750,000. Any jointly established house of correction is the county house of correction of each of the counties so joining. All of the county boards must agree before any action is taken under this section or s. 303.17.
History:  1981 c. 314; 1989 a. 31 s. 1691; Stats. 1989 s. 303.16; 1993 a. 89; 2017 a. 207 s. 5.
2023 Wisconsin Statutes & Annotations › Chapter 303 - Prison labor. › 303.17 - Administration and management.

303.17
Administration and management.
(1)
The county board of supervisors shall control the management of a house of correction under s. 303.16, pursuant to such regulations and under the direct supervision and control of such officers as the county board of supervisors prescribes. No such regulation may be finally adopted on the day on which it is first presented to the county board of supervisors for consideration, nor until it has been considered and reported upon by the proper committee of the county board of supervisors. The county board of supervisors may by ordinance place the management of the house of correction under the control of the county department under s. 46.21 or 46.23, whichever is applicable, and in that event s. 46.21 or 46.23, so far as applicable, shall control. The county board of supervisors may by ordinance resume control of the management of the house of correction. The county board of supervisors shall, in accordance with the civil service law, prescribe the number and compensation of all personnel needed for the administration of the house of correction, and fix their duties.
(2)
The chief judge of the judicial administrative district and his or her designees, district attorney and sheriff for the county and the mayor or other chief executive officer and the municipal attorney of its most populous city, village or town shall constitute a board of visitors, who shall investigate the affairs of the house of correction on the first Monday of August in each year, and report in writing to the county board of supervisors at its annual meeting, or to the county department under s. 46.21 or 46.23 if the county department is in charge of the institution, setting forth its condition, and suggesting such alterations, improvements or other matters respecting the management, discipline and government of the institution as may promote the purposes thereof and the interests of the county.
History:  1977 c. 449; 1985 a. 176; 1989 a. 31 s. 1692; Stats. 1989 s. 303.17; 1993 a. 89.
Once a county establishes a house of corrections, county employees must perform the incarceration functions. There is no authority for a private security firm to perform these functions. OAG 1-96.
2023 Wisconsin Statutes & Annotations › Chapter 303 - Prison labor. › 303.19 - Employment of prisoners; time credits, earnings and rewards.

303.19
Employment of prisoners; time credits, earnings and rewards.
(1)
The superintendent of the house of correction shall place all inmates at such employments, and shall cause all inmates who are minors to be instructed in such branches of useful knowledge, as shall be prescribed by the county board, but no goods manufactured therein shall be offered for sale or sold in the open market, except creative art, literary, musical, handicraft or hobby craft products produced by a prisoner at leisure.
(2)
The superintendent may employ such prisoners outside of the institution, for the purpose of cultivating the farm of the institution or in doing any other work necessary to be done in the regular business thereof, or doing work for other county departments or institutions, or in the construction of public highways within the county. In all such cases, the superintendent shall detail a force from the house of correction as the superintendent considers necessary to guard the prisoners.
(3)
The superintendent shall keep a true record of the conduct of each prisoner, specifying each infraction of the rules of discipline; and at the end of each month shall give a certificate of good conduct to each prisoner against whom no such infraction is recorded, subject to annulment by the department for subsequent misconduct. Upon each such certificate issued to any such prisoner serving sentence for a misdemeanor the prisoner may be credited, at the discretion of the superintendent, with a diminution of the sentence not exceeding 5 days. Each such prisoner serving sentence for a felony shall receive time credits as provided in s. 302.11.
(4)
The county board may, pursuant to its regulations approved by the department, extend to those prisoners similar pecuniary earnings and rewards, subject to similar conditions and limitations as those prescribed by s. 302.12 for prisoners in the Wisconsin state prisons.
History:  1971 c. 36; 1977 c. 418 s. 924 (18) (e); 1983 a. 66; 1989 a. 31 s. 1694; Stats. 1989 s. 303.19; 1989 a. 359.
Discussing prisoners' due process rights. Wolff v. McDonnell, 418 U.S. 539, 94 S. Ct. 2963, 41 L. Ed. 2d 935 (1974).
2023 Wisconsin Statutes & Annotations › Chapter 303 - Prison labor. › 303.20 - United States convicts.

303.20
United States convicts.
A county may contract with the United States for the keeping and support, within its house of correction, of all prisoners who are sentenced to imprisonment by the courts of the United States within this state, upon such terms as may be agreed upon by the county board and the officers of the United States having authority for that purpose.
History:  1989 a. 31 s. 1695; Stats. 1989 s. 303.20; 1993 a. 89.
2023 Wisconsin Statutes & Annotations › Chapter 303 - Prison labor. › 303.21 - Compensation to injured prisoners.

303.21
Compensation to injured prisoners.
(1)
(a)
If an inmate of a state institution, in the performance of assigned work is injured so as to be permanently incapacitated or to have materially reduced earning power, the inmate may, upon being released from such institution, either upon release on parole or extended supervision or upon final discharge, be allowed and paid such compensation as the department of workforce development finds the inmate entitled to. The inmate shall be compensated on the same basis as if the injury had been covered by ch. 102, except that the total paid to any inmate may not exceed $10,000 and may be paid in installments. If the injury results from employment in a prison industry, the payment shall be made from the revolving appropriation for its operation. If there is no revolving appropriation, payment shall be made from the general fund. In case of dispute, the procedure for hearing, award and appeal shall be as set forth in ss. 102.16 to 102.26.
(b)
Inmates are included under par. (a) if they are participating in a structured work program away from the institution grounds under s. 302.15 or a secure work program under s. 303.063. Inmates are not included under par. (a) if they are employed in a prison industry under s. 303.06 (2), participating in a work release program under s. 303.065 (2), participating in employment with a private business under s. 303.01 (2) (em) or participating in the transitional employment program, but they are eligible for worker's compensation benefits under ch. 102. Residents subject to s. 303.01 (1) (b) are not included under par. (a) but they are eligible for worker's compensation benefits under ch. 102.
(2)
Section 102.29 applies to compensation paid under this section.
(3)
This section does not apply if the inmate has made a recovery against an officer, employee or agent of the state, arising out of the same incident under s. 895.46. If recovery has already been made under this section at the time that a recovery is made under s. 895.46, the state is entitled to a credit in the amount of the recovery against any obligation it has under s. 895.46 arising out of the same incident.
History:  1975 c. 147 s. 54; 1975 c. 199; 1977 c. 29, 195; 1981 c. 20; 1985 a. 29; 1989 a. 31 s. 1696; Stats. 1989 s. 303.21; 1993 a. 81; 1995 a. 27 ss. 6400, 6401, 9130 (4); 1995 a. 416; 1997 a. 3, 283.
Compensation of prisoners for injuries under this section is not determined in the same manner as worker's compensation under s. 102.03. The rules followed under s. 102.03 do not apply. Kopacka v. DILHR, 49 Wis. 2d 255, 181 N.W.2d 487 (1970).
2023 Wisconsin Statutes & Annotations › Chapter 303 - Prison labor. › 303.215 - Compensation to prisoners or residents injured in prison industries employment.

303.215
Compensation to prisoners or residents injured in prison industries employment.
In accordance with s. 102.03 (2), for an inmate of a state institution or a resident subject to s. 303.01 (1) (b) employed under s. 303.06 (2), compensation under ch. 102 on being released from the applicable institution, on parole, on extended supervision, on final discharge or in accordance with ch. 938, whichever is applicable, is the exclusive remedy against the department and any employee of the department for any injury sustained by the inmate or resident while performing service growing out of and incidental to that employment. The department shall make any payments required under this section from the revolving appropriation for the operation of prison industries or, if there is no revolving appropriation for the operation of prison industries, from the general fund.
History:  1993 a. 81; 1995 a. 27, 77; 1997 a. 283.
2023 Wisconsin Statutes & Annotations › Chapter 303 - Prison labor. › 303.22 - Work on Sundays and holidays.

303.22
Work on Sundays and holidays.
No prisoner, or resident subject to s. 303.01 (1) (b), may be compelled to work on Sunday or a legal holiday, except if the work is necessary household work or when the work is necessary to maintain the management or discipline of the institution.
History:  1989 a. 31 s. 1697; Stats. 1989 s. 303.22; 1995 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 304 - Paroles and pardons. › 304.01 - Parole commission and commission chairperson; general duties.

304.01
Parole commission and commission chairperson; general duties.
(1)
The chairperson of the parole commission shall administer and supervise the commission and its activities and shall be the final parole-granting authority, except as provided in s. 304.02.
(2)
The parole commission shall conduct regularly scheduled interviews to consider the parole of eligible inmates of the adult correctional institutions under the control of the department of corrections, eligible inmates transferred under ch. 51 and under the control of the department of health services and eligible inmates in any county house of correction. The department of corrections shall provide all of the following to the parole commission:
(a)
Records relating to inmates which are in the custody of the department and are necessary to the conduct of the commission's responsibilities.
(b)
Scheduling assistance for parole interviews at the correctional institutions.
(c)
Clerical support related to the parole interviews.
(d)
Appropriate physical space at the correctional institutions to conduct the parole interviews.
(3)
The department shall post on the department's public Internet site the individuals granted parole, denied parole, and returned to prison following the revocation of parole. The department shall post aggregate numbers that identify monthly totals and yearly totals. The yearly totals shall be presented by the crime for which the individual was convicted; the sex, race, and age of the individual; and the locality in which the individual was convicted.
(4)
Any guidance documents that the parole commission uses to guide parole decisions shall be posted on the department's public Internet site.
History:  1989 a. 31; 1995 a. 27 s. 9126 (19); 2007 a. 20 s. 9121 (6) (a); 2009 a. 28; 2011 a. 38; 2023 a. 31.
2023 Wisconsin Statutes & Annotations › Chapter 304 - Paroles and pardons. › 304.062 - Ordering parolees and persons on extended supervision to perform community service work.

304.062
Ordering parolees and persons on extended supervision to perform community service work.
(1)
The department may order that a parolee or a person on extended supervision perform community service work for a public agency or a nonprofit charitable organization. An order may apply only if agreed to by the parolee or the person on extended supervision and the organization or agency. The department shall ensure that the parolee or the person on extended supervision is provided a written statement of the terms of the community service order and shall monitor the compliance of the parolee or person on extended supervision with the community service order.
(2)
Any organization or agency acting in good faith to which a parolee or person on extended supervision is assigned under an order under this section has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the parolee or person on extended supervision. The department has immunity from any civil liability for acts or omissions by or impacting on the parolee or person on extended supervision regarding the assignment under this section.
History:  1995 a. 96; 1997 a. 283.
2023 Wisconsin Statutes & Annotations › Chapter 304 - Paroles and pardons. › 304.063 - Notification prior to release on extended supervision or parole.

304.063
Notification prior to release on extended supervision or parole.
(1)
In this section:
(a)
“Member of the family" means spouse, child, sibling, parent or legal guardian.
(b)
“Victim" means a person against whom a crime has been committed.
(2)
Before a prisoner is released on parole under s. 302.11, 304.02 or 304.06 or on extended supervision under s. 302.113 or 302.114, if applicable, 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, 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 prisoner or, if the victim died as a result of the crime, an adult member of the victim's family and any member of the victim's family who was younger than 18 years old at the time the crime was committed but is now 18 years old or older or, if the victim is younger than 18 years old, the victim's parent or legal guardian.
(b)
Any witness who testified against the prisoner in any court proceeding involving the offense.
(3)
The department shall make a reasonable attempt to send the notice, postmarked at least 7 days before a prisoner is released on parole or extended supervision, 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 prisoner 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. 97, 227, 479, 491; 1997 a. 181, 283; 2005 a. 277; 2023 a. 31.
2023 Wisconsin Statutes & Annotations › Chapter 304 - Paroles and pardons. › 304.071 - Military parole.

304.071
Military parole.
(1)
The parole commission may at any time grant a parole to any prisoner in any penal institution of this state, or the department may at any time suspend the supervision of any person who is on probation or parole to the department, if the prisoner or person on probation or parole is eligible for induction into the U.S. armed forces. The suspension of parole or probation shall be for the duration of his or her service in the armed forces; and the parole or probation shall again become effective upon his or her discharge from the armed forces in accordance with regulations prescribed by the department. If he or she receives an honorable discharge from the armed forces, the governor may discharge him or her and the discharge has the effect of a pardon. Upon the suspension of parole or probation by the department, the department shall issue an order setting forth the conditions under which the parole or probation is suspended, including instructions as to where and when and to whom the person on parole shall report upon discharge from the armed forces.
(2)
If a prisoner is not eligible for parole under s. 961.49 (2), 1999 stats., or s. 939.62 (2m) (c), 973.01 (6), 973.014 (1) (c) or (1g) or 973.032 (5), he or she is not eligible for parole under this section.
History:  1989 a. 31 ss. 1702, 1703; Stats. 1989 s. 304.071; 1991 a. 39; 1993 a. 289; 1995 a. 48, 448; 1997 a. 283, 326; 1999 a. 32; 2001 a. 109; 2009 a. 28; 2011 a. 38.
2023 Wisconsin Statutes & Annotations › Chapter 304 - Paroles and pardons. › 304.074 - Reimbursement fee for persons on probation, parole, and extended supervision.

304.074
Reimbursement fee for persons on probation, parole, and extended supervision.
(2)
The department shall charge a reasonable fee as determined by the department to probationers, parolees, and persons on extended supervision to partially reimburse the department for the costs of providing supervision and services and, as provided under s. 302.33 (2) (a) 3., to reimburse counties and tribal governing bodies. Subject to sub. (3m), the department shall collect moneys for the fees charged under this subsection and credit those moneys to the appropriation account under s. 20.410 (1) (gf).
(3)
The department may decide to waive for a period a fee under sub. (2) for reasons established under department policy, including if the person is unemployed, has a health issue or is disabled, or is participating in education or treatment-related programming.
(3m)
The department may not collect a fee charged under this section until all restitution payments due pursuant to any order under s. 973.20 from the probationer, parolee, or person on extended supervision have been paid.
(4m)
(a)
If a probationer, parolee or person on extended supervision who owes unpaid fees to the department under sub. (2) is discharged from probation or from his or her sentence before the department collects the unpaid fees, the department shall, at the time of discharge, issue a notice to the probationer, parolee or person on extended supervision that states that he or she owes unpaid fees under sub. (2) and that he or she is responsible for the payment of the unpaid fees. The notice under this paragraph shall be issued with the certificate of discharge required under s. 304.078 or 973.09 (5).
(b)
The department may request the attorney general to bring a civil action to recover unpaid fees owed to the department under sub. (2) by a person who has been discharged from probation or from his or her sentence and who, at the time of discharge, owed the department unpaid fees under sub. (2). Before requesting the attorney general to bring a civil action under this paragraph, the department shall deduct any fees owed to the department that were inaccurately assessed against the person.
(5)
The department shall promulgate rules providing the procedure and timing for collecting fees charged under sub. (2).
History:  1995 a. 27; 1997 a. 27, 283; 2001 a. 109; 2003 a. 33; 2015 a. 55, 164, 355; 2017 a. 365.
Article I, section 9m, of the Wisconsin Constitution provides for restitution only insofar as the legislature confers such rights through statute. The legislature makes restitution available to crime victims under s. 973.20 and other statutes, but crime victims are not guaranteed restitution in every instance. Section 973.20 (12) (b) makes clear that restitution payments take priority over specific statutory fees, surcharges, fines, and costs, but the priority scheme does not include supervision fees under this section. OAG 2-15.