Compensation to prisoners or residents injured in prison industries employment.
Work on Sundays and holidays.
Ch. 303 Cross-reference
See definitions in s. 301.01
Prison industries. 303.01(1)(a)(a)
In this subsection "manufacturing" includes reprocessing, repairing, salvaging, servicing and storing.
The department, with the approval of the prison industries board and after a hearing is held under par. (c)
, may establish industries for the employment of inmates in the state prisons or residents in any correctional institution operated by the department for holding in secure custody persons adjudged delinquent. Except as provided in par. (d)
, prison industries may engage in manufacturing articles for and providing services to the state and its political subdivisions and any tax-supported institution or nonprofit agency and for sale of such articles and services to other states or political divisions thereof or to the United States. The department shall fix the price of all products and services as near the market price as possible. Supplies, materials and equipment may be reconditioned by prison industries for sale under s. 16.72
Prior to establishing any prison industry, the department shall provide written notification of its proposed action to the cochairpersons of the joint committee on finance. The cochairpersons shall hold a public hearing before the committee concerning the proposal.
Prison industries may sell wood and metal office furniture and laundry services only to state agencies, as defined in s. 20.001 (1)
(2) Powers of department.
In the administration of the prison industries program, the department may:
Submit bids for any contract or subcontract with a nonprofit organization as defined in s. 108.02 (19)
Operate a central warehouse and central generating station with the employment of prisoners to supply its institutions;
Maintain auto shops in connection with auto schools and may receive from licensed automobile dealers and regularly established automobile repair shops vehicles to be repaired, painted or otherwise processed by inmates or residents of the school;
Lease space, with or without equipment, within the precincts of state prisons, as specified in s. 302.02
, or within the confines of correctional institutions operated by the department for holding in secure custody persons adjudged delinquent, to not more than 3 private businesses to employ prison inmates and institution residents to manufacture products or components or to provide services for sale on the open market. The department shall comply with s. 16.75
in selecting businesses under this paragraph. [The department may select a business or enter into a lease under this paragraph only with the approval of the joint committee on finance.] The department shall consult with appropriate trade organizations and labor unions prior to issuing requests for proposals and prior to selecting proposals under this paragraph. Each such private business may conduct its operations as a private business, subject to the wage standards under sub. (4)
, the disposition of earnings under sub. (8)
, the requirements for notification and hearing under sub. (1) (c)
, the requirement for prison industries board approval under s. 303.015 (1) (b)
and the authority of the department to maintain security and control in its institutions. The private business and its operations are not a prison industry. Inmates employed by the private business are not subject to the requirements of inmates participating in prison industries, except as provided in this paragraph;
Par. (em) is shown as amended by 1995 Wis. Act 27
, s. 6385
, but the bracketed language was deleted from the creation of this provision by the governor's partial veto of 1995 Wis. Act 27
, s. 6384
. Section 6385 shows the vetoed language as if it had been enacted by section 6384.
Lease or purchase land within the state for the employment of prisoners or residents; and
Construct barracks for the safekeeping of prisoners or residents employed in the prison industries outside the prison or institution proper on the prison or institution premises.
(4) Wage standards.
All inmates and residents shall be paid a wage that is based on the productivity of the work the inmates and residents perform. Wages may be established at an hourly rate plus an incentive wage based on productivity and piecework formulas may be created. However, wages shall not be set at a rate such as to cause a deficit on operations. Changes in inmate and resident wage rate schedules may not be made without approval of the prison industries board.
To the extent possible, prison industries shall be operated in a manner that is similar to private business and industry. The primary goal of prison industries shall be to operate in a profitable manner. Within this goal, inmates or residents employed in prison industries shall be provided with training and work experience that allows them to develop skills necessary to retain employment in outside business and industry. Consistent with available resources, inmates or residents employed in prison industries may be required to take education courses related to their work to enhance their capacity for employment upon release from prison or an institution specified under sub. (1) (b)
(8) Disposition of earnings.
The department has the authority to determine how much, if any, of the earnings of an inmate or resident may be spent and for what purposes they may be spent within the confines of the prison or institution. The department shall distribute earnings for the crime victim and witness assistance surcharge under s. 973.045 (4)
, for the deoxyribonucleic acid analysis surcharge under s. 973.046 (4)
and for compliance with s. 303.06 (2)
and may distribute earnings for the support of the inmate's or resident's dependents and for other obligations either acknowledged by the inmate or resident in writing or which have been reduced to judgment that may be satisfied according to law. The department shall credit all moneys that it collects from earnings of inmates and residents under sub. (2) (em)
to the appropriation account under s. 20.410 (1) (gi)
(9) Staff services.
The secretary shall appoint the director of prison industries outside the classified service. The department shall provide other staff services to the prison industries board within the classified service.
(10) Sales personnel.
Three sales representative positions and one sales manager position to sell and manage the sale of goods and services produced by prison industries shall be in the unclassified civil service.
Inmates are not entitled to federal minimum wage protection. Sundby v. Fiedler, 827 F Supp. 583 (1993).
Prison industries board. 303.015(1)
The prison industries board has the following powers and duties:
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.
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.
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.
No purchase of more than $250,000 may be made for prison industries without prior approval of the board.
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.
When exercising its powers, the board shall consider the effect of its actions on private business, industry and labor.
In this section, "prison industries" does not include any correctional farm operation.
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
; Stats. 1989 s. 303.016; 1989 a. 56
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:
The cash balance of each industry at the end of the previous fiscal year.
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)
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
; Stats. 1989 s. 303.018; 1989 a. 283
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
; Stats. 1989 s. 303.019.
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
; Stats. 1989 s. 303.03.
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
; Stats. 1989 s. 303.04; 1991 a. 39
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
; Stats. 1989 s. 303.05.
Prison products; sale. 303.06(1)
Except as authorized in this section, no goods, except farm machinery, farm implements and tools, cordage rope and ply goods, manufactured wholly or partly by inmates in any state, city or county penal institution may be offered for sale in the open market.
The department may enter into or renew a contract with a manufacturer or distributor to have prison industries provide products, components or services if at the time that the contract is originally entered into the products, components or services have been supplied to the manufacturer or distributor for the previous 12 months by a facility outside the United States. The department shall collect not less than 5% nor more than 20% of the gross wages of inmates or residents earned under such a contract to be credited to the appropriation under s. 20.455 (5) (i)
A private business may sell products, components or services under s. 303.01 (2) (em)
in the open market. Similar products, components or services from a prison industry program from another state may be sold in the open market.
The department may sell, in the open market, by-products of mattresses or by-products of paint from prison industries recycling operations. By-products of mattresses and by-products of paint from recycling operations of prisons in another state may be sold in the open market.
The department may enter into or renew a contract with a manufacturer or distributor to have prison industries provide by-products of mattresses or by-products of paint from prison industries recycling operations.
Prior to the establishment of a prison industry under s. 303.01 (1) (b)
relating to providing by-products of mattresses or by-products of paint from prison industries recycling operations, providing related notice under s. 303.01 (1)
and receiving related approval under s. 303.015 (1) (b)
and prior to entering into a contract under par. (b)
, the department shall provide written notification of the intent to provide those by-products or to enter into a contract to provide those by-products. The department shall provide the notification to those trade organizations and labor unions that the department determines would be interested in receiving the information. The notification shall include specific information on the proposal, the proposal's impact on private business, industry and labor and, if applicable, the method for the trade organization or labor union to communicate with the joint committee on finance before its hearing under s. 303.01 (1) (c)
and with the board before it acts under s. 303.015 (1) (b)
A tax-supported institution or a nonprofit agency may offer for sale in the open market products manufactured in whole or in part by inmates in a state penal institution as part of a hobby-craft program or vocational training if the purpose of the sale is to support the institution's or agency's mission or is for some other charitable purpose and if the sale of that product or type of product has been approved by the prison industries board under s. 303.015 (1) (e)
History: 1983 a. 272
; 1989 a. 31
; Stats. 1989 s. 303.06; 1989 a. 283
; 1991 a. 269
; 1995 a. 27
Secure work program. 303.063(1)(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.
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
Work release plan for prison inmates. 303.065(1)
The department may grant work release privileges to any person incarcerated within the state prisons, except that no person serving a life sentence may be considered for work release until he or she has reached parole eligibility under s. 304.06 (1) (b)
or 973.014 (1) (a)
, whichever is applicable, and no person serving a life sentence under s. 939.62 (2m)
or 973.014 (1) (c)
may be considered for work release.
The department shall promulgate rules for the administration of the work release program and shall determine those inmates who may participate in the plan. If any inmate violates the conditions prescribed by the institution, his or her work release privileges may be withdrawn. Failure to report to or return from the planned employment shall be considered an escape under s. 946.42 (3) (a)
. The department may approve as work release privileges placement in universities, colleges, technical, vocational or trade schools or in sheltered workshops or training programs designed to improve the skills and ability of the inmate.
The department shall designate and adapt facilities of the state prisons for the purpose of quartering inmates with work release privileges or it may arrange and contract for other facilities, including portions of county jails for inmates employed in the area. An inmate with work release privileges placed in facilities outside a state prison shall be liable for the cost of the inmate's room, board, clothing and other necessary expenses incident to the inmate's employment or placement unless other means of payment are approved by the department. No inmate shall be granted work release privileges until such suitable quarters have been provided in the area of accepted or proffered employment, or educational or training placement.
Every inmate gainfully employed under a work release program shall be liable for the cost of the inmate's board and clothing, a reasonable room charge as determined by the department, and for any expenses incident to such employment or additional living expenses as circumstances permit, in the judgment of the department, except as provided in sub. (3)
. When quartered in a prison facility, such costs and expenses shall be fixed by the department.
The wages of inmates gainfully employed shall be collected by the prison responsible for his or her care. The wages are not subject to garnishment either in the hands of the employer or the prison during the inmate's term and shall be disbursed only as provided in this section, but for tax purposes they are income of the prisoner. This paragraph does not apply to wages of inmates participating in the intensive sanctions program.
The salaries or wages of any employed inmates shall be disbursed by the department in the order stated:
The board of the prisoner including food and clothing and any fee charged under s. 301.135
Necessary travel expense to and from work and other incidental expenses of the prisoner;
A reasonable room charge as determined by the department;
Payment, either in full or ratably, of the prisoner's obligations acknowledged by the prisoner in writing or which have been reduced to judgment;
The balance, if any, to the prisoner upon the prisoner's discharge.
The department may receive payments for its costs under this section or the department or the attorney general may collect under s. 301.325
, but the state may not collect for the same expense twice.
There is no need specifically to spell out in s. 56.065 (2), 1987 stats. [now s. 303.065 (2)] the consequences of an escape where other statutes provide for the situation. Brown v. State, 73 W (2d) 703, 245 NW (2d) 670.
Section 56.065 (2), 1987 stats. [now s. 303.065 (2)] entitles participating prisoner to a hearing prior to transfer to maximum security prison. Perrote v. Percy, 444 F Supp. 1288.
Inmate cannot be deprived of liberty interest in continuation of work/study release status without disciplinary due process hearing. Perrote v. Percy, 465 F Supp. 112 (1979).