reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.04 - Legal actions.

301.04
Legal actions.
The department may sue and be sued.
History:  1989 a. 31.
The Department of Corrections (DOC) is entitled to sovereign immunity. DOC lacks sufficient attributes to render it an independent going concern. Despite the breadth of its statutory powers, the character of those powers reveals that the legislature did not intend DOC to be anything other than an arm of the state. The legislature has not expressly waived DOC's sovereign immunity. This section is not an express waiver of DOC's tort immunity but rather addresses DOC's capacity to be sued. Mayhugh v. State, 2015 WI 77, 364 Wis. 2d 208, 867 N.W.2d 754, 13-1023.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.049 - Mother-young child care program.

301.049
Mother-young child care program.
(1)
Program. The department shall administer a mother-young child care program allowing females to retain, during participation in the program, the physical custody of their children.
(2)
Eligibility.
(a)
The department shall provide the program for females who are:
1.
Prisoners; or
2.
On probation, extended supervision or parole and who, if approved by the department under par. (b), would participate in the program as an alternative to revocation of probation, extended supervision or parole.
(b)
A female covered under par. (a) and her child may enter the program if all of the following conditions are met:
1.
The female covered under par. (a) consents to participate.
2.
The department approves and the female covered under par. (a) is pregnant or has a child who has not attained the age of one year.
(3)
Services. The department shall do all of the following under the program:
(a)
Place program participants in the least restrictive placement consistent with community safety and correctional needs and objectives.
(b)
Provide a stable, safe and stimulating environment for each child participating in the program.
(d)
Provide program services with the goal of achieving a stable relationship between each mother and her child during and after participation in the program.
(e)
Prepare each mother to be able to live in a safe, lawful and stable manner in the community upon parole, extended supervision or discharge.
(4)
Purchase of services. The department shall purchase the services of a private, nonprofit organization to administer the mother-young child care program.
History:  1991 a. 39, 189; 1997 a. 283.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.05 - Gifts; trustee duty.

301.05
Gifts; trustee duty.
The department may:
(1)
Accept gifts, grants or donations of money or property from private sources to be administered by the department for the execution of its functions. All moneys so received shall be paid into the general fund and are appropriated as provided in s. 20.410 (1) (i).
(2)
Take and hold in trust all property transferred to the state to be applied to any specified purpose, use or benefit pertaining to any of the institutions under its control or the inmates thereof, and apply the same in accordance with the trust.
History:  1989 a. 31.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.055 - Prisoner population limits.

301.055
Prisoner population limits.
The department shall promulgate rules providing limits on the number of prisoners at all state prisons, but excluding those prisoners confined in the institution authorized under s. 301.046 (1) or in a Type 2 prison. The rules shall provide systemwide limits and limits for each state prison, except the department may provide a single limit for the Wisconsin correctional center system. The rules may provide procedures allowing the department to exceed any systemwide, institution or center system limit in an emergency situation.
History:  1989 a. 31 ss. 968r, 968rc; Stats. 1989 s. 301.055; 1989 a. 107; 1991 a. 39; 1993 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.06 - Education and prevention.

301.06
Education and prevention.
The department may do all of the following:
(1)
Develop and maintain education and prevention programs.
(2)
Study causes and methods of prevention and treatment of juvenile delinquency and related social problems. The department may utilize all powers provided by the statutes, including the authority to accept grants of money or property from federal, state or private sources, and enlist the cooperation of other agencies and state departments.
History:  1989 a. 31, 107; 1995 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.07 - Cooperation and contracts with federal government.

301.07
Cooperation and contracts with federal government.
The department may cooperate with the federal government in carrying out federal acts concerning adult corrections and juvenile correctional services and may enter into contracts with the federal government under 18 USC 5003.
History:  1989 a. 31, 107; 1995 a. 27; 1997 a. 27; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.073 - American Indian tribal community reintegration program.

301.073
American Indian tribal community reintegration program.
The department shall establish a program to facilitate the reintegration of American Indians who have been incarcerated in a state prison into their American Indian tribal communities. Under the program, each participant shall be provided an integration plan that addresses the participant's needs and shall be provided services that are customized for the participant. The program shall encourage confidence, responsibility, and independence among participants. The department shall ensure that the program incorporates tribal practices and traditions that meet the participant's community reintegration needs.
History:  2013 a. 20 s. 181; Stats. 2013 s. 301.073.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.075 - Disbursement of funds and facsimile signatures.

301.075
Disbursement of funds and facsimile signatures.
Withdrawal or disbursement of moneys deposited in a public depository, as defined in s. 34.01 (5), to the credit of the department or any of its divisions or agencies shall be by check, share draft or other draft signed by the secretary or by one or more persons in the department designated by written authorization of the secretary. The checks, share drafts and other drafts shall be signed personally or by use of a mechanical device adopted by the secretary or the secretary's designees for affixing a facsimile signature. Any public depository shall be fully warranted and protected in making payment on any check, share draft or other draft bearing the facsimile signature notwithstanding that the facsimile signature may have been placed on the check, share draft or other draft without the authority of the secretary or the designees.
History:  1989 a. 31.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.085 - Payment of benefits.

301.085
Payment of benefits.
(1)
The department may make payments of benefits directly to persons who are authorized to receive those payments in accordance with law and rules of the department on behalf of the counties. The department may charge the counties for the cost of making those payments.
(2)
The department may make payments for juvenile correctional services directly to recipients, vendors, or providers in accordance with law and rules of the department on behalf of the counties which have contracts to have those payments made on their behalf.
(3)
The county department under s. 46.215, 46.22 or 46.23 shall provide the department with information which the department shall use to determine each person's eligibility and amount of payment. The county department under s. 46.215, 46.22 or 46.23 shall provide the department all necessary information in the manner prescribed by the department.
(4)
The department shall disburse from state or federal funds or both the entire amount and charge the county for its share under s. 301.26.
History:  1995 a. 27; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.09 - Grants for pilot programs or demonstration projects.

301.09
Grants for pilot programs or demonstration projects.
Whenever the department provides a grant after August 15, 1991, for a pilot program or demonstration project, the department shall do all of the following:
(1)
State on the grant application that the funding for the program or project will be provided by the department once or for a limited period of time, whichever is applicable.
(2)
Require the applicant to provide, as part of the grant application, a plan that describes:
(a)
How activities funded by the grant will be phased out or how the program or project will be eliminated; or
(b)
What other funding sources will be available to support the program or project when state funding is eliminated.
History:  1991 a. 39.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.095 - Council on offender reentry.

301.095
Council on offender reentry.
The council on offender reentry shall do all of the following:
(1)
Inform the public as to the time and place of council meetings and, for at least one meeting per year, encourage public participation and receive public input in a means determined by the chairperson.
(2)
Coordinate reentry initiatives across the state and research federal grant opportunities to ensure initiatives comply with eligibility requirements for federal grants.
(3)
Identify methods to improve collaboration and coordination of offender transition services, including training across agencies and sharing information that will improve the lives of the offenders and the families of offenders.
(4)
Establish a means to share data, research, and measurement resources that relate to reentry initiatives.
(5)
Identify funding opportunities that should be coordinated across agencies to maximize the use of state and community-based services as the services relate to reentry.
(6)
Identify areas in which improved collaboration and coordination of activities and programs would increase effectiveness or efficiency of services.
(7)
Promote research and program evaluation that can be coordinated across agencies with an emphasis on research and evaluation practices that are based on evidence of success in treatment and intervention programs.
(8)
Identify and review existing reentry policies, programs, and procedures to ensure that each policy, program, and procedure is based on evidence of success in allowing an offender to reenter the community, improves the chances of successful offender reentry into the community, promotes public safety, and reduces recidivism.
(9)
Promote collaboration and communication between the department and community organizations that work in offender reentry.
(10)
Work to include victims in the reentry process and promote services for victims, including payments of any restitution and fines by the offenders, safety training, and support and counseling, while the offenders are incarcerated and after the offenders are released.
(11)
Annually submit a report to the governor, any relevant state agencies, as identified by the council, and to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) that provides information on all of the following:
(a)
The progress of the council's work.
(b)
Any impact the council's work has had on recidivism.
(c)
The effectiveness of agency coordination and communication.
(d)
The implementation of a reentry strategic plan.
(e)
Recommendations on legislative initiatives and policy initiatives that are consistent with the duties of the council.
History:  2009 a. 28, 104.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.10 - Purchases, bills, audits, payments.

301.10
Purchases, bills, audits, payments.
Unless otherwise provided by law, no bills may be incurred in the management of the institutions nor be paid until they have been audited by the department of corrections under the supervision of the department of administration. All payments shall be made on the warrant of the department of administration drawn in accordance with the certificate of the proper designated officer of the department of corrections. All claims and accounts, before being certified to the department of administration by the department of corrections, shall be verified and approved as provided in s. 16.53.
History:  1989 a. 31; 1997 a. 289; 2011 a. 257.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.103 - Prescription drug formulary.

301.103
Prescription drug formulary.
The corrections system formulary board shall promulgate rules establishing written guidelines or procedures for making therapeutic alternate drug selections for the purposes of s. 450.01 (16) (hr). Rules promulgated under this section shall apply uniformly within all state correctional institutions.
History:  2015 a. 40.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.105 - Telephone company commissions.

301.105
Telephone company commissions.
The department shall collect moneys for commissions from telephone companies for contracts to provide telephone services to inmates. The department shall transmit those moneys to the secretary of administration. The secretary of administration shall do all of the following:
(1)
Deposit two-thirds of all moneys collected under this section in the general fund as general purpose revenue-earned.
(2)
Credit one-third of all moneys collected under this section to the appropriation account under s. 20.410 (1) (gt).
History:  1993 a. 16; 2003 a. 33.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.11 - Reports of corrections institutions.

301.11
Reports of corrections institutions.
(1)
Monthly report. The officer in charge of each state institution under the control of the department shall report monthly to the department an itemized statement of all receipts and disbursements and of the daily number of inmates, officers, teachers and employees, and of the wages paid to each.
(2)
Biennial report. On July 1 in each even-numbered year, the officer in charge of each state institution under the control of the department shall submit a report to the department, covering the preceding biennial fiscal term, which includes a summarized statement of the management of every department of the institution and of all receipts and disbursements, and any other information the department requires.
History:  1989 a. 31.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.13 - Minimum security correctional institutions.

301.13
Minimum security correctional institutions.
The department may establish and operate minimum security correctional institutions. The secretary may allocate and reallocate existing and future facilities as part of these institutions. The institutions are subject to s. 301.02 and are state prisons as defined in s. 302.01. Inmates from Wisconsin state prisons may be transferred to these institutions and they shall be subject to all laws pertaining to inmates of other penal institutions of the state. Officers and employees of the institutions shall be subject to the same laws as pertain to other penal institutions. Inmates shall not be received on direct commitment from the courts. In addition to the exemptions under s. 13.48 (13), construction or establishment of facilities at institutions which are community correctional residential centers initially established prior to July 2, 1983, shall not be subject to the ordinances or regulations relating to zoning, including zoning under ch. 91, of the county and municipality in which the construction or establishment takes place. The department shall establish a procedure for soliciting responses from interested communities and persons regarding potential sites for the institutions under this section, except the procedure does not apply to the 125-bed community correctional center in the city of Waupun. The department shall consider locations proposed under this procedure and may consider any other locations on its own initiative. The department need not promulgate rules regarding the site consideration procedures under this section.
History:  1977 c. 418; 1983 a. 27; 1985 a. 29; 1987 a. 5; 1989 a. 31 s. 961; Stats. 1989 s. 301.13.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.132 - Honesty testing of sex offenders.

301.132
Honesty testing of sex offenders.
(1)
In this section:
(a)
“Lie detector" has the meaning given in s. 111.37 (1) (b).
(b)
“Polygraph" has the meaning given in s. 111.37 (1) (c).
(c)
“Sex offender" means a person in the custody of the department who meets any of the criteria specified in s. 301.45 (1g).
(2)
The department may require a sex offender to submit to a lie detector test when directed to do so by the department. The department may require submission to a lie detector test under this subsection as part of a sex offender's correctional programming or care and treatment, as a condition of a sex offender's probation, parole or extended supervision, or both as part of a sex offender's correctional programming or care and treatment and as a condition of the sex offender's probation, parole or extended supervision.
(3)
The department shall promulgate rules establishing a lie detector test program for sex offenders. The rules shall provide for assessment of fees upon sex offenders to partially offset the costs of the program.
History:  1995 a. 440; 1997 a. 283; 1999 a. 89.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.135 - Electronic monitoring.

301.135
Electronic monitoring.
(1)
The department may contract with counties to provide electronic monitoring services relating to criminal offenders. The department shall charge a fee to counties for providing these services.
(2)
The department may charge a fee to offenders under its supervision to cover the costs associated with electronic monitoring. The department may charge a fee under this subsection or the department or the attorney general may collect under s. 301.325, but the state may not collect for the same expenses twice.
(3)
The department may charge a fee to offenders who are confined under s. 301.046 or who are in the intensive sanctions program under s. 301.048.
(4)
The department shall set the fees charged to offenders under subs. (2) and (3) by rule.
History:  1989 a. 31 ss. 958, 959; Stats. 1989 s. 301.135; 1991 a. 39; 1993 a. 98; 1995 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.14 - State-local shared correctional facilities.

301.14
State-local shared correctional facilities.
In cooperation with any county or group of counties, the department may contract for the establishment and operation of state-local shared correctional facilities under s. 302.45. Except as provided in s. 302.45 (4), the secretary may allocate and reallocate existing and future facilities as state-local shared correctional facilities. The shared facilities shall be institutions under s. 301.02 and shall be prisons under s. 302.01. Inmates from Wisconsin state prisons may be transferred to these facilities and, except as to any separate rules established in the contract governing a shared facility, shall be subject to all laws pertaining to inmates of other penal institutions of this state. Officers and employees of the facilities shall be subject to the same laws as pertain to other penal institutions. Inmates may not be received on direct commitment from the courts.
History:  1983 a. 332; 1989 a. 31 s. 967; Stats. 1989 s. 301.14.
NOTE:  1983 Wis. Act 332, which created s. 46.053, the predecessor statute to this section, contains a prefatory note explaining the bill. See 1983 Session Laws.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.15 - Medium security prison.

301.15
Medium security prison.
The department may construct a medium security prison to be known as the Fox Lake Correctional Institution on state-owned land known as prison farm 10 in Dodge County. Inmates from the Wisconsin state prisons may be transferred to this institution, and they shall be subject to all laws pertaining to inmates of other penal institutions of this state. Officers and employees of the institutions shall be subject to the same laws as pertain to other penal institutions. Inmates shall not be received on direct commitment from the courts.
History:  1977 c. 418 s. 924 (18) (b); 1989 a. 31 s. 962; Stats. 1989 s. 301.15; 2001 a. 103.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.17 - Minimum security corrections institutions.

301.17
Minimum security corrections institutions.
The department may, with the approval of the joint committee on finance, increase staffing levels at minimum security institutions sufficiently to allow temporary placement of medium security inmates at existing minimum security institutions as may be necessary to relieve medium security overcrowding. The temporary placement under this section may constitute a partial use of the institution.
History:  1981 c. 20; 1989 a. 31 s. 973; Stats. 1989 s. 301.17.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.19 - Restrictions on construction or modifications of correctional facilities.

301.19
Restrictions on construction or modifications of correctional facilities.
(1)
In this section:
(a)
“Authorized jurisdiction" means a county, 2 counties acting jointly under s. 302.44, the United States, or a federally recognized American Indian tribe or band in this state.
(b)
“Correctional facility" means an institution or facility, or a portion of an institution or facility, that is used to confine juveniles alleged or found to be delinquent or a prison, jail, house of correction, or lockup facility.
(2)
No person may commence construction of a correctional facility or commence conversion of an existing building, structure, or facility into a correctional facility unless the building, structure, or facility is enumerated in the authorized state building program.
(3)
Subsection (2) does not apply to any of the following:
(a)
A building, structure, or facility that is constructed or converted under a contract with and for use by an authorized jurisdiction.
(b)
A building, structure, or facility the construction of which was completed before January 1, 2001, if the building, structure, or facility was designed to confine persons convicted of a criminal offense.
(4)
Unless the governor has declared a state of emergency under s. 323.10, the department may not expand the capacity of, or substantially modify the structure or physical security of, a juvenile correctional facility established under s. 301.16 (1w) without prior approval by the governing body of the city, village, or town in which the juvenile correctional facility is located.
History:  2001 a. 16; 2005 a. 344; 2019 a. 8; 2021 a. 239.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.205 - Reimbursement to visiting families.

301.205
Reimbursement to visiting families.
The department may reimburse families visiting girls at a juvenile correctional facility. If the department decides to provide the reimbursement, the department shall establish criteria for the level of reimbursement, which shall include family income and size and other relevant factors.
History:  1995 a. 27, 77; 1999 a. 9; 2005 a. 344.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.24 - Lands; condemnation, easements, leases, sales, purchases.

301.24
Lands; condemnation, easements, leases, sales, purchases.
(1)
Condemnation. When the department is authorized and desires to acquire land and is unable to agree with the owner upon the terms of purchase, or when agreement cannot be had without unreasonable delay, the department may condemn the land in the manner prescribed in ch. 32.
(2)
Easements. The department may grant easements for the extension of municipal and public utilities onto the lands of the institutions under its jurisdiction, for the purpose of connecting railroads, roads, water systems, sewers, electric lines and similar facilities, to serve the institutions.
(3)
Leases. The department may lease additional lands for the operation of the institutions under its jurisdiction.
(4)
Sales. Except where a sale occurs under s. 13.48 (14) (am) or 16.848 (1), the department, with the approval of the building commission, may sell and convey such lands under the jurisdiction of the department as the secretary deems to be in excess of the present or future requirements of the department for either the operation of its facilities or programs, for the maintenance of buffer zones adjacent to its facilities or for other public purposes. The proceeds of the sales shall be credited to the state building trust fund.
(4m)
Correctional institution property disposition. In addition to any other requirements under this section, except where a sale occurs under s. 13.48 (14) (am) or 16.848 (1), the department may sell or otherwise transfer or dispose of the property acquired for the correctional institution under s. 46.05 (1o), 1985 stats., only if the sale, transfer or disposition is approved by the joint committee on finance. The department shall submit a plan for any such proposed transfer or disposition to the committee.
(5)
Purchases. The department, with the approval of and release of state building trust funds by the building commission, may acquire by purchase such lands, together with such improvements as are situated thereon, as the secretary deems necessary for the department's farm programs, or for the purpose of providing adequate buffer zones to its existing facilities, or for the purpose of eliminating flexuous boundaries in cooperation with owners of lands adjoining lands under the department's jurisdiction.
(6)
Lease of lands for radio range station. The department may lease state owned lands under its control situated in section 16, township 24 north, range 18 east, town of Seymour, Outagamie County, not exceeding 2 acres in extent, to the United States of America, to be used by the civil aeronautics administration for a radio range station. The terms of the lease shall be determined by the department and may grant to the lessee authority to erect navigational aids and other structures on such lands. Such lease shall not be effective unless approved by the governor in writing.
History:  1989 a. 31 ss. 974, 975, 2569; 1989 a. 56 s. 84; 1995 a. 378; 2005 a. 25; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.25 - Sewer system at Taycheedah Correctional Institution.

301.25
Sewer system at Taycheedah Correctional Institution.
The department, with the approval of the governor, may enter into an agreement containing terms, conditions and covenants approved by the building commission, to participate in the construction of a sanitary sewer system in the area adjacent to the Taycheedah Correctional Institution in the town of Taycheedah, Fond du Lac County; to connect the sewer system of the Taycheedah Correctional Institution thereto; to pay sewage disposal charges; and to grant easements or convey land to meet construction requirements.
History:  1975 c. 189 s. 99 (1); 1975 c. 224 s. 146m; 1989 a. 31 s. 1069; Stats. 1989 s. 301.25; 2005 a. 25; 2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.27 - Meal and other charges; vending stands; commissary; and butter and cheese.

301.27
Meal and other charges; vending stands; commissary; and butter and cheese.
(1)
Charges. In compliance with the compensation plan established under s. 230.12 (3), the department may make and determine charges for meals, living quarters, laundry, and other services furnished to employees of the state correctional institutions and members of the employee's family maintained as such. All moneys received from each person on account of these services shall be used for operation of the institutions under s. 20.410 (1) (a) and (3) (a) and (hm). If a chaplain employed in any institution administered by the department is not furnished a residence by the state, $1,800 or 20 percent of the chaplain's salary, whichever is greater, is designated as his or her housing allowance.
(2)
Vending stands. The department shall establish and maintain a revolving fund not exceeding $100,000 in any of the state institutions administered by the department, for the education, recreation and convenience of the patients, inmates and employees, to be used for the operation of vending stands, canteen operations, reading clubs, musical organizations, religious programs, athletics and similar projects. The funds are exempt from s. 20.906, but are subject to audit by the department and the legislative audit bureau in its discretion.
(3)
Commissary. With the approval of the governor and the director of personnel, the department, by rule, may provide employees in its institutions with laundry, food, housing and necessary furnishings.
(4)
Butter and cheese. No butter or cheese not made wholly and directly from pure milk or cream, salt and harmless coloring matter may be used in any of the institutions of the department, except for the institution authorized under s. 301.046 (1) or a Type 2 prison.
History:  1989 a. 31; 1991 a. 39; 1995 a. 27; 1999 a. 9; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.28 - Training of correctional officers.

301.28
Training of correctional officers.
(1)
In this section, “correctional officer" means any person classified as a correctional officer employed by the state whose principal duty is the supervision of inmates at a prison, as defined in s. 302.01.
(2)
(a)
Correctional officers serving under permanent appointment prior to July 31, 1981 are not required to meet any requirement under par. (b) as a condition of continued employment. Failure of any such correctional officer to fulfill those requirements does not make that person ineligible for any promotional examination for which he or she is otherwise eligible. Those correctional officers may voluntarily participate in this program.
(b)
No person may be permanently appointed as a correctional officer unless the person has satisfactorily completed a preservice training program approved by the department.
History:  1981 c. 20; 1989 a. 31 s. 970; Stats. 1989 s. 301.28; 1993 a. 377; 1995 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.286 - State identification upon release from prison.

301.286
State identification upon release from prison.
Before an individual is released from prison upon completion of his or her sentence or to parole or extended supervision, the department shall determine if the individual has an operator's license or a state identification card under ch. 343. If the individual has neither, the department shall assist the individual in applying for a state identification card under s. 343.50. The department shall determine if the individual is able to pay all or a portion of the fee under s. 343.50 (5) from the individual's general fund account. The department shall pay any portion of the fee the individual is unable to pay from the individual's general fund account.
History:  2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.29 - Bonds of employees; police powers; investigation of complaints.

301.29
Bonds of employees; police powers; investigation of complaints.
(2)
The superintendents of all the state correctional institutions, and the employees under them to whom they delegate police power, may arrest any person within or upon the grounds of the institutions whom they have reason to believe guilty of any offense against the laws or regulations governing the institutions; and for that purpose they shall possess the powers of constables.
(3)
The department shall investigate complaints against any institution under its jurisdiction or against the officers or employees of the institutions. For that purpose, the secretary and such officers and employees as the secretary authorizes may summon and swear witnesses, take testimony and compel the production of books and papers. On its own initiative, the department may investigate the affairs of any institution. Any written communication or complaint addressed to the secretary by any inmate, employee or subordinate of an institution shall be immediately forwarded unopened to the addressee.
History:  1989 a. 31; 1997 a. 289.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.30 - Inmate wages, allowances and release payments.

301.30
Inmate wages, allowances and release payments.
The department may pay a wage or an allowance and a release payment to inmates at its institutions. The department shall prescribe the amounts of pay and such hours, health and other conditions in connection with employment as are reasonable.
History:  1989 a. 31.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.31 - Wages to prisoners.

301.31
Wages to prisoners.
The department may provide for assistance of prisoners on their discharge; for the support of their families while the prisoners are in confinement; or for the payment, either in full or ratably, of their obligations acknowledged by them in writing or which have been reduced to judgment by the allowance of moderate wages, to be paid from the operation, maintenance, farm and construction appropriations of the institution in which they are confined. Until the prisoner's final discharge, the funds arising from the wages shall be under the control of the officer in charge of the institution and shall be used for the benefit of the prisoner, the prisoner's family and other obligations specified in this section. Earnings by inmates working in the prison industries and the retention and distribution thereof shall be governed by ss. 303.01 (4) and (8) and 303.06 (2).
History:  1989 a. 31; 1991 a. 269.
This section does not state that the Department of Corrections can set a percentage for payments of a prisoner's obligation that conflicts with a sentencing court's order. State ex rel. Ortiz v. Carr, 2022 WI App 16, 401 Wis. 2d 450, 973 N.W.2d 786, 20-1394.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.315 - Corrections programs report.

301.315
Corrections programs report.
The department shall report to the joint committee on finance with a proposal to address negative cash balances associated with closed industries or other corrections programs through the use of moneys appropriated under s. 20.410 as of the date of the proposal.
History:  1989 a. 31.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.323 - Vendors of personal property items.

301.323
Vendors of personal property items.
(1)
The department shall permit an inmate in a state correctional institution, or a 3rd party on behalf of an inmate, to purchase department-approved hobby, religious, and other personal property items from a vendor that is contracted with under sub. (2). The department shall ensure that inmates have equal access to the approved items offered by each vendor, and the department may not give any preference to any contracted vendor.
(2)
Through a competitive bid for contractual services under s. 16.75, the department shall contract with not fewer than 3 vendors to provide department-approved hobby, religious, and other personal property items for purchase by an inmate in a state correctional institution or by a 3rd party on behalf of an inmate. The department may contract with 2 vendors if it receives fewer than 3 bids satisfying the bid criteria. All contract specifications for contracts awarded under this subsection, including those specified in sub. (3), shall be included in a single solicitation for bids.
(3)
Each vendor that is contracted with under sub. (2) shall allow for an inmate, or a 3rd party on behalf of an inmate, to purchase the approved items from a catalog and through an online Internet site.
(4)
The department shall ensure that each vendor that receives a contract under sub. (2) offers substantially all of the types of items that are approved by the department.
History: 2021 a. 264.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.325 - Prisoner reimbursement to the state.

301.325
Prisoner reimbursement to the state.
The department may charge a prisoner or a prisoner's estate for some or all of the costs to the department of the prisoner's incarceration or burial or cremation and burial under s. 157.02 (5). The department may collect from the inmate or his or her estate during his or her incarceration or after his or her release or death, or both. If the prisoner has paid all victim restitution ordered under s. 973.20 or if the department has collected victim restitution pursuant to s. 973.20 (11) (f), the department may use any remaining money held for a prisoner under s. 301.32 (1) to pay for some or all of the costs to the department for the prisoner's burial or cremation and burial under s. 157.02 (5). Upon the request of the department, the attorney general may bring a civil action to recover costs under this section that the department has been unable to collect. The department may not recover under this section for any costs already recovered as otherwise provided in chs. 301 to 303. The department shall promulgate rules providing a method of charging under this section that is based on a prisoner's ability to pay and providing procedures for collection of the costs.
History:  1995 a. 27; 2017 a. 246.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.328 - Judgment for litigation loans to prisoners.

301.328
Judgment for litigation loans to prisoners.
(1)
In this section, “litigation loan" means a loan made to a prisoner by the department to pay for paper, photocopying, postage or other expenses associated with litigation commenced by the prisoner.
(1m)
No prisoner may receive more than $100 annually in litigation loans, except that any amount of the debt the prisoner repays during the year may be advanced to the prisoner again without counting against the $100 litigation loan limit. No prisoner may receive a litigation loan in any amount until he or she has repaid a prior loan in full or has made arrangements for repayment.
(2)
If a prisoner fails to repay a litigation loan to the department, the warden of the institution where the prisoner is incarcerated, imprisoned, confined or detained may submit a certification under oath to the clerk of circuit court in the county where the institution is located. The certification shall state the amount of litigation loans unpaid, the name and location of the prisoner and such other information as the court considers necessary. The court shall order that the amount certified by the warden be a judgment on behalf of the state and against the prisoner if the prisoner fails to submit a written objection to the court within 20 days after the court receives the certification from the warden. If the prisoner timely submits a written objection to the certification, the court shall consider the objection to be a complaint in a civil action and proceed under the rules of procedure under ch. 799, without requiring the service of a summons or the payment of filing fees.
(3)
At the same time that the warden submits the certification to the court, the warden shall provide the prisoner with a copy of the certification. The warden shall attach to the certification provided to the prisoner a notice informing the prisoner of all of the following:
(a)
That if the prisoner fails to submit a written objection to the court within 20 days after the court receives the certification from the warden, the court shall order that the amount certified by the warden be a judgment on behalf of the state and against the prisoner.
(b)
The name and address of the circuit court where the certification was submitted.
(c)
That if the prisoner timely objects to the certification, the objection will be considered a complaint for purposes of the commencement of a civil suit under ch. 799.
(d)
That the prisoner is required to submit a copy of the objection to the warden at the time he or she submits the objection to the clerk of circuit court.
History:  1997 a. 133; 2011 a. 32.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.33 - Freedom of worship; religious ministration.

301.33
Freedom of worship; religious ministration.
(1)
Subject to reasonable exercise of the privilege, members of the clergy of all religious faiths shall have an opportunity, at least once each week, to conduct religious services within the state correctional institutions. Attendance at the services is voluntary.
(2)
Every inmate shall receive, upon request, religious ministration and sacraments according to the inmate's faith.
(3)
Every inmate who requests it shall have the use of the Bible.
History:  1989 a. 31.
The state must make copies of the Quran available to prisoners to the same extent that Bibles are made available. Pitts v. Knowles, 339 F. Supp. 1183 (1972).
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.335 - Treatment records.

301.335
Treatment records.
Section 51.30 applies to treatment records, as defined in s. 51.30 (1) (b), maintained by the department of corrections in regard to children adjudged delinquent. The department has the same authority, including rule-making authority, with regard to treatment records maintained by the department that is granted to the department of health services under s. 51.30.
History:  1989 a. 31; 1995 a. 27 s. 9126 (19); 2007 a. 20 s. 9121 (6) (a).
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.35 - Law enforcement officer access to department records.

301.35
Law enforcement officer access to department records.
(1)
In this section:
(a)
“Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
(b)
“Record" has the meaning given in s. 19.32 (2).
(2)
The department shall allow a law enforcement officer access to a departmental record if the record pertains to any of the following persons who resides or is planning to reside in the officer's territorial jurisdiction:
(a)
A probationer.
(b)
A parolee.
(bm)
A person on extended supervision.
(c)
A prisoner confined under s. 301.046.
(d)
A participant in the intensive sanctions program under s. 301.048.
(e)
A participant in the serious juvenile offender program under s. 938.538.
History:  1993 a. 98; 1995 a. 77; 1997 a. 283.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.373 - Operating loss reimbursement program.

301.373
Operating loss reimbursement program.
The department shall reimburse a county that operates a secured residential care center for children and youth that holds female juveniles in secure custody and that was established using funding from the grant program under 2017 Wisconsin Act 185, section 110 (4), for any annual net operating loss for the services and facilities offered to female juveniles. A county seeking reimbursement under this section shall submit its request and supporting financial statements for the prior fiscal year to the department and the legislative audit bureau in a format prescribed by the department. The department shall reimburse the county for the amount of the net operating loss, as determined by the legislative audit bureau under s. 13.94 (1) (v), from the appropriation under s. 20.410 (3) (f). The department may pay for the cost of the audit by the legislative audit bureau under s. 13.94 (1) (v) from the appropriation under s. 20.410 (3) (f).
History:  2017 a. 185; 2019 a. 8.
2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.38 - Notification of victims and witnesses about prisoner escapes.

301.38
Notification of victims and witnesses about prisoner escapes.
(1)
In this section:
(a)
“Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.
(am)
“Prisoner" has the meaning given in s. 301.01 (2), but does not include any person in the intensive sanctions program under s. 301.048 or any person who is imprisoned as an alternative to the revocation of probation, extended supervision or parole.
(b)
“Victim" means a person against whom a crime has been committed.
(2)
If a prisoner escapes from a Type 1 prison, 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 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 effort to notify the person by telephone as soon as possible after the escape and after any subsequent apprehension of the prisoner.
(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, telephone number and mailing address, the name of the applicable prisoner and any other information that 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 telephone numbers and mailing addresses of these persons are not subject to inspection or copying under s. 19.35 (1).
History:  1995 a. 74; 1997 a. 181, 283; 2009 a. 28.