303.08
303.08
"Huber Law"; employment of county jail prisoners. 303.08(1)(1) Any person sentenced to a county jail for crime, nonpayment of a fine or forfeiture, or contempt of court or subject to a confinement sanction under
s. 302.113 (8m) or
302.114 (8m) may be granted the privilege of leaving the jail during necessary and reasonable hours for any of the following purposes:
303.08(1)(a)
(a) Seeking employment or engaging in employment training.
303.08(1)(c)
(c) Conducting any self-employed occupation including housekeeping and attending the needs of the person's family.
303.08(1)(cn)
(cn) Attending court proceedings to which the person is a party or for which the person has been subpoenaed as a witness.
303.08(1)(f)
(f) Obtaining counseling or therapy from an approved public treatment facility, as defined in
s. 51.45 (2) (c), an approved private treatment facility, as defined in
s. 51.45 (2) (b), a psychiatrist, a psychologist, a licensed clinical social worker, a professional counselor licensed under
ch. 457, or a certified independent or advanced practice social worker who is authorized to practice psychotherapy under
ch. 457.
303.08(1)(g)
(g) Attending an assessment for the purpose of determining the person's need for counseling or therapy under
par. (f).
303.08(1)(i)
(i) Meeting with the person's probation, extended supervision, or parole officer.
303.08(1m)
(1m) If the sheriff of the county certifies that facilities are not available, the sentencing court may not order that persons committed for nonpayment of a forfeiture imposed for violation of a municipal or county ordinance be permitted to serve the commitment under this section.
303.08(2)
(2) Unless such privilege is expressly granted by the court or, in the case of a person subject to a confinement sanction under
s. 302.113 (8m) or
302.114 (8m), the department, the person is sentenced to ordinary confinement. A prisoner, other than a person subject to a confinement sanction under
s. 302.113 (8m) or
302.114 (8m), may petition the court for such privilege at the time of sentence or thereafter, and in the discretion of the court may renew the prisoner's petition. The court may withdraw the privilege at any time by order entered with or without notice.
303.08(2m)
(2m) In those counties with a Huber facility under
s. 303.09, the sheriff shall determine whether a person granted leave privileges under this section is to be confined in that facility or in the county jail. The sheriff may transfer persons granted leave privileges under this section between a Huber facility and the county jail.
303.08(3)
(3) The sheriff shall endeavor to secure employment or employment training for unemployed prisoners under this section. If a prisoner is employed for wages or salary or receives unemployment insurance or employment training benefits while in custody in the jail, the sheriff shall collect the wages or salary or require the prisoner to turn over the wages, salary or benefits in full when received. The sheriff shall deposit the wages, salary or benefits in a trust checking account and shall keep a ledger showing the status of the account of each prisoner. Such wages or salary are not subject to garnishment in the hands of either the employer or the sheriff during the prisoner's term, and shall be disbursed only as provided in this section; but for tax purposes they are income of the prisoner.
303.08(4)
(4) Every prisoner who is gainfully employed or who receives unemployment insurance or employment training benefits while in custody in the jail, shall be liable for charges not to exceed the full per person maintenance and cost of the prisoner's board in the jail as fixed by the county board after passage of an appropriate county ordinance. If necessarily absent from jail at a meal time the prisoner shall at the prisoner's request be furnished with an adequate nourishing lunch to carry. The sheriff shall charge the prisoner's account for such board. If the prisoner is gainfully self-employed the prisoner shall pay the sheriff for such board, in default of which the prisoner's privilege under this section is automatically forfeited. If the jail food is furnished directly by the county, the sheriff shall account for and pay over such board payments to the county treasurer. The county board may, by ordinance, provide that the county furnish or pay for the transportation of prisoners employed or receiving training under this section to and from the place of employment or training.
303.08(5)
(5) By order of the court or, for a person subject to a confinement sanction under
s. 302.113 (8m) or
302.114 (8m), by order of the department, the wages, salary and unemployment insurance and employment training benefits received by prisoners shall be disbursed by the sheriff for the following purposes, in the order stated:
303.08(5)(c)
(c) Court-ordered support of the prisoner's dependents, if any;
303.08(5)(d)
(d) Payment, either in full or ratably, of the prisoner's obligations acknowledged by the prisoner in writing or which have been reduced to judgment;
303.08(5)(e)
(e) The balance, if any, to the prisoner upon the prisoner's discharge.
303.08(5m)
(5m) A county may receive payments under
sub. (5) (b),
(cg) and
(cr) or seek reimbursement under
s. 302.372, but may not collect for the same expenses twice.
303.08(6)
(6) The department, for a person subject to a confinement sanction under
s. 302.113 (8m) or
302.114 (8m), or the sentencing court, by order, may authorize the sheriff to whom the prisoner is committed to arrange with another sheriff for the employment or employment training of the prisoner in the other's county, and while so employed or trained to be in the other's custody but in other respects to be and continue subject to the commitment.
303.08(7)(a)(a) If the prisoner was convicted in a municipal court, the circuit court for the county has authority and jurisdiction to make all determinations and orders under this section and
s. 302.43 as might otherwise be made by the sentencing court after the prisoner is received at the jail.
303.08(7)(b)
(b) If the prisoner was convicted in a court in another county, the circuit court referred to in
par. (a) may, at the request or with the concurrence of the committing court, make all determinations and orders under this section and
s. 302.43 as might otherwise be made by the sentencing court after the prisoner is received at the jail.
303.08(8)
(8) The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department may by resolution direct that functions of the sheriff under
sub. (3) or
(5), or both, be performed by the county department under
s. 46.215 or
46.22; or, if the county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department has not so directed, a court of record may order that the prisoner's earnings be collected and disbursed by the clerk of court. The order shall remain in force until rescinded by the county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department or the court, whichever made it.
303.08(9)
(9) The county department under
s. 46.215 or
46.22 shall at the request of the court investigate and report to the court the amount necessary for the support of the prisoner's dependents.
303.08(10)
(10) The sheriff may refuse to permit the prisoner to exercise the prisoner's privilege to leave the jail as provided in
sub. (1) for not to exceed 5 days for any breach of discipline or other violation of jail regulations.
303.08(10m)
(10m) The sheriff may not permit a prisoner who is imprisoned for a violation of
s. 346.63 (1),
(2),
(5) or
(6) to leave the jail under
sub. (1) if the prisoner fails to obtain the assessment or to comply with the driver safety plan ordered under
s. 343.30 (1q) (c). This subsection does not apply if the prisoner does not have sufficient funds to make any payments necessary to obtain the assessment or to comply with the driver safety plan.
303.08(10r)
(10r) The sheriff may not permit a prisoner who is subject to an order under
s. 343.301 (1g) to leave the jail under
sub. (1) unless, within 2 weeks after the court issues the order, the person submits proof to the sheriff that an ignition interlock device has been installed in each motor vehicle to which the order applies.
303.08(11)(a)
(a) "Jail" includes a house of correction and, except for purposes of
sub. (13), a Huber facility under
s. 303.09.
303.08(11)(b)
(b) "Sheriff" includes the superintendent of a house of correction.
303.08(12)
(12) In counties having a house of correction, any person violating the privilege granted under
sub. (1) may be transferred by the county jailer to the house of correction for the remainder of the term of the person's sentence or, if applicable, the remainder of the person's confinement sanction under
s. 302.113 (8m) or
302.114 (8m).
303.08(13)
(13) Any county board may contract with the department for the quartering in the county jail of inmates under
s. 303.065.
303.08(14)
(14) In counties having a population of 500,000 or more, a prisoner granted the privilege authorized under
sub. (1) (a) to
(d) or
(f) to
(i) shall be committed to the county jail or any other facility for the housing of prisoners as determined by ordinance by the county board.
303.08 Annotation
Pursuant to sub. (1), a court may permit release from probation confinement for child visitation if the probationer establishes that he or she provides services qualifying as "housekeeping and attending the needs of the person's family." State v. Timmerman,
198 Wis. 2d 309,
542 N.W.2d 221 (Ct. App. 1995),
94-3374.
303.08 Annotation
The cost of lodging may not be satisfied out of Huber earnings. 61 Atty. Gen. 292.
303.09
303.09
Huber facilities. 303.09(1)(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.
303.09(2)
(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).
303.09 History
History: 1983 a. 254;
1989 a. 31 s.
1690; Stats. 1989 s. 303.09;
1991 a. 253.
303.10
303.10
County work camp. 303.10(1)(a)
(a) Subject to
par. (b), the county board of any county may provide a work camp for the reformation and employment of persons sentenced to the county jail. Any 2 or more counties may jointly provide one work camp.
303.10(1)(b)
(b) Before establishing a work camp under
par. (a), the county board or, if 2 or more counties want jointly to provide one work camp, the county boards of all of the counties providing the work camp shall agree with the sheriff who will administer the work camp concerning the staffing level of the work camp. If the county board or, if applicable, county boards and the sheriff do not reach an agreement concerning the staffing level of a work camp, the county board or, if applicable, county boards may not establish the work camp.
303.10(1g)
(1g) If a county board establishes a work camp under
sub. (1), the sheriff of the county or a person designated by that sheriff shall administer the work camp unless the county board provides otherwise. If 2 or more counties jointly provide for one work camp under
sub. (1), the sheriff of the county in which the work camp is located, or a person designated by that sheriff, shall administer the work camp unless the county boards of the counties that jointly established the work camp provide otherwise by unanimous agreement.
303.10(1r)
(1r) A work camp established under
sub. (1) may be located within the house of correction of the county in which the work camp is located, if the county has a house of correction and if the work camp is operated as a separate unit from the house of correction.
303.10(2)
(2) The sheriff may transfer persons between a county jail and a work camp.
303.10(3)
(3) The sheriff may provide prisoners assigned to a work camp the opportunity, on a volunteer basis, to do any of the following:
303.10(3)(a)
(a) Perform supervised work at paid employment in the community.
303.10(3)(c)
(c) Perform supervised work on a project that serves the public interest or a charitable purpose and is operated by an organization that is exempt from federal income taxation under section
501 (c) (3) of the internal revenue code, but only if the work performed does not result in a competitive disadvantage to a for-profit enterprise.
303.10(4)
(4) The sheriff shall not assign prisoners to work under
sub. (3) on projects in a manner that results in the displacement of employed persons from their jobs or the replacement of workers on strike or locked out of work. Before prisoners assigned to work under
sub. (3) begin work, the employer or other person in charge of a place of employment that is the site of the proposed work project shall post, at the locations where notices to employees are usually posted, a written notice informing employees that prisoners have been assigned under this section to work at the place of employment. If a collective bargaining agreement is in effect at a place of employment that is the site of a proposed work project under
sub. (3) (c), that bargaining unit must agree to the assignment of prisoners at the place of employment before the assignment is made.
303.10(5)
(5) Any intentional failure of a prisoner to report to or return from a work assignment is considered an escape under
s. 946.42 (3) (a).
303.10(6)
(6) Any prisoner employed under
sub. (3) (a) shall reimburse the county for food, clothing and daily travel expenses to and from work for days worked. The county may collect moneys under
sub. (8) or may seek reimbursement under
s. 302.372, but may not collect for the same expenses twice.
303.10(7)
(7) The sheriff shall collect the wages or salary of each prisoner employed under
sub. (3) or require the prisoner to turn over the wages, salary or benefits in full when received. The sheriff shall deposit the wages, salary or benefits in a trust checking account and shall keep a ledger showing the status of the account of each prisoner. The wages or salary are not subject to garnishment in the hands of either the employer or the sheriff during the prisoner's term, and shall be disbursed only as provided in this section; but for tax purposes they are income of the prisoner.
303.10(8)
(8) The sheriff shall disburse wages, salary or benefits collected under
sub. (7) using the priority order under
s. 303.08 (5).
303.10(10)
(10) An employer that employs a prisoner for work under this section shall pay the prisoner at a rate set by the county board by ordinance.
303.10(11)(a)(a) Any officer, employee or agent of a county, employer or organization involved in the provision of any of the work camp options listed under
sub. (3), and the county, employer and organization, are immune from civil liability for the death or injury of a prisoner caused by the good faith act or omission of the officer, employee or agent of the county, employer or organization related to carrying out any responsibilities under a work camp option.
303.10(11)(b)
(b) The immunity under this subsection includes any good faith act or omission that occurs during the transportation of a prisoner to or from a work camp option listed under
sub. (3).
303.10(11)(c)
(c) The immunity under this subsection does not apply to any person whose act or omission involves reckless, wanton or intentional misconduct.
303.10 History
History: 1995 a. 281.
303.16
303.16
County house of correction. 303.16(1)
(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.
303.16(2)
(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.
303.16(3)
(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 500,000. 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.
303.16 History
History: 1981 c. 314;
1989 a. 31 s.
1691; Stats. 1989 s. 303.16;
1993 a. 89.
303.17
303.17
Administration and management. 303.17(1)
(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.
303.17(2)
(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.
303.17 History
History: 1977 c. 449;
1985 a. 176;
1989 a. 31 s.
1692; Stats. 1989 s. 303.17;
1993 a. 89.
303.17 Annotation
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.
303.18
303.18
Commitments; municipal prisoners; contract with other county. 303.18(1)(1) Every court of record authorized to commit any person to the county jail upon conviction of any offense, or authorized to sentence any person to imprisonment in the Wisconsin state prisons for any term not exceeding one year, may, in lieu of the sentence, commit or sentence the person to the house of correction for an equivalent term, at hard labor. All mittimuses and warrants of commitment in those cases shall be directed to the superintendent of the house of correction and shall be the authority of the superintendent for the detention of the person sentenced or committed.
303.18(2)
(2) Each city, village or town in the county shall, at a time designated by the county board, pay to the county the actual and reasonable costs of maintenance, as determined by ordinance of the county board, of all persons confined in the house of correction for the violation of any of the ordinances of the city, village or town during the preceding year.
303.18(3)
(3) The county may contract with any other county, upon such terms as may be agreed upon by their respective county boards, to receive into the house any person who may be sentenced to confinement therein by any court of record of such other county; and thereupon, so long as the contract remains in force, every court of record in such other county authorized to commit or sentence any person to the county jail may, in lieu of the sentence or commitment, sentence or commit the person to the house for an equivalent term, at hard labor; and any officer to whom the process of commitment in the case is delivered for execution shall convey the person to the house and deliver the person, with the commitment papers, to the superintendent of the house; and thereafter the person shall be detained and treated by all persons, courts and officers as if sentenced and committed to the house by any court of record in the county in which the house is established.
303.18(4)
(4) Whenever it appears that the continued presence of any person convicted of a felony and committed to the house of correction is detrimental to the person, or to other inmates, or to the discipline of the house of correction, the superintendent may immediately return the person to the committing court and the court shall sentence the person to the Wisconsin state prisons for the remainder of the term for which originally sentenced, less any credits for good behavior accumulated under
s. 303.19. The person shall be given credit for time served prior to sentencing under
s. 973.155, including good time under
s. 973.155 (4).
303.18(5)
(5) Whenever in the opinion of the superintendent of such house and the county physician in charge at the house, an inmate's life is in jeopardy because of injury or disease or that the inmate is suffering from a disease that cannot be advantageously treated at the house, a temporary transfer of such inmate may be made on their order to the Milwaukee County Hospital, but notification of such transfer shall in all cases be given to the department and shall be subject to cancellation by it at any time.
303.19
303.19
Employment of prisoners; time credits, earnings and rewards. 303.19(1)(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.
303.19(2)
(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.
