302.05
302.05
Wisconsin substance abuse program. 302.05(1)
(1) The department of corrections and the department of health and family services may designate a section of a mental health institute as a correctional treatment facility for the treatment of substance abuse of inmates transferred from Wisconsin state prisons. This section shall be administered by the department of corrections and shall be known as the Wisconsin substance abuse program. The department of corrections and the department of health and family services shall ensure that the residents at the institution and the residents in the substance abuse program:
302.05(1)(a)
(a) Have access to all those facilities which are available at the institution and are necessary for the treatment programs designed by the departments.
302.05(2)
(2) Transfer to a correctional treatment facility for the treatment of substance abuse shall be considered a transfer under
s. 302.18.
302.05 History
History: 1989 a. 31;
1995 a. 27 s.
9126 (19).
302.055
302.055
Transfer of inmates to resource center. The department may transfer an inmate from a prison, jail or other criminal detention facility to the Wisconsin resource center if there is reason to believe that the inmate is in need of individualized care. The inmate is entitled to a transfer hearing by the department on the transfer to the Wisconsin resource center.
302.055 History
History: 1981 c. 20;
1989 a. 31 s.
1622; Stats. 1989 s. 302.055.
302.055 Annotation
Rights and responsibilities of counties in prisoner transfers to Wisconsin resource center discussed.
71 Atty. Gen. 170.
302.06
302.06
Delivery of persons to prisons. The sheriff shall deliver to the reception center designated by the department every person convicted in the county and sentenced to the Wisconsin state prisons or to the intensive sanctions program as soon as may be after sentence, together with a copy of the judgment of conviction. The warden or superintendent shall deliver to the sheriff a receipt acknowledging receipt of the person, naming the person, which receipt the sheriff shall file in the office of the clerk who issued the copy of the judgment of conviction. When transporting or delivering the person to any of the Wisconsin state prisons the sheriff shall be accompanied by an adult of the same sex as the person. If the sheriff and the person are of the same sex, this requirement is satisfied and a 3rd person is not required.
302.06 History
History: 1975 c. 94;
1975 c. 189 s.
99 (1);
1975 c. 224 s.
146m;
1989 a. 31 s.
1623; Stats. 1989 s. 302.06;
1991 a. 39.
302.07
302.07
Maintenance of order. The warden or superintendent shall maintain order, enforce obedience, suppress riots and prevent escapes. For such purposes the warden or superintendent may command the aid of the officers of the institution and of persons outside of the prison; and any person who fails to obey such command shall be punished by imprisonment in the county jail not more than one year or by a fine not exceeding $500. The warden or superintendent may adopt proper means to capture escaped inmates.
302.07 History
History: 1989 a. 31 s.
1624; Stats. 1989 s. 302.07;
1991 a. 316.
302.07 Annotation
Constitutional requirements for disciplinary segregation discussed. Kirsch v. Endicott, 201 W (2d) 702, 549 NW (2d) 761 (Ct. App. 1996).
302.07 Annotation
See note to 166.04, citing 68 Atty. Gen. 104.
302.07 Annotation
Correctional staff have authority of peace officer in pursuing and capturing escaped inmates. 68 Atty. Gen. 352.
302.08
302.08
Humane treatment and punishment. The wardens and the superintendents and all prison officials shall uniformly treat the inmates with kindness. There shall be no corporal or other painful and unusual punishment inflicted upon inmates.
302.08 History
History: 1989 a. 31 s.
1625; Stats. 1989 s. 302.08.
302.08 Annotation
Lawfully incarcerated persons retain only narrow range of protected liberty interests. Hewitt v. Helms, 459 US 460 (1983).
302.09
302.09
Labor and communications. Inmates shall be employed as provided in
ch. 303. Communication shall not be allowed between inmates and any person outside the prison except as prescribed by the prison regulations.
302.09 History
History: 1989 a. 31 s.
1626; Stats. s. 302.09.
302.09 Annotation
The department may be required to justify a refusal to allow a prisoner to write the Veterans Administration concerning the adequacy of his medical treatment. State ex rel. Thomas v. State, 55 W (2d) 343, 198 NW (2d) 675.
302.09 Annotation
Dividing line between publications which may be denied prisoners and those which may not is a matter not of administrative grace but of constitutional right. Gaugh v. Schmidt, 369 F Supp. 877.
302.09 Annotation
The state has no legitimate interest in requiring an inmate to sign an authorization form to have incoming and outgoing mail examined and no sanction of any kind may be imposed for refusal to sign it. Stone v. Schmidt, 398 F Supp. 768.
302.095
302.095
Delivering articles to inmate. 302.095(1)
(1) In this section, "jail" means any of the following:
302.095(2)
(2) Any officer or other person who delivers or procures to be delivered or has in his or her possession with intent to deliver to any inmate confined in a jail or state prison, or who deposits or conceals in or about a jail or prison, or the precincts of a jail or prison, or in any vehicle going into the premises belonging to a jail or prison, any article or thing whatever, with intent that any inmate confined in the jail or prison shall obtain or receive the same, or who receives from any inmate any article or thing whatever with intent to convey the same out of a jail or prison, contrary to the rules or regulations and without the knowledge or permission of the sheriff or other keeper of the jail, in the case of a jail, or of the warden or superintendent of the prison, in the case of a prison, shall be imprisoned for not more than 2 years or fined not more than $500.
302.095 History
History: 1989 a. 31 s.
1627; Stats. 1989 s. 302.095;
1991 a. 316;
1993 a. 490;
1995 a. 437.
302.10
302.10
Solitary confinement. For violation of the rules of the prison an inmate may be confined to a solitary cell, under the care and advice of the physician.
302.10 History
History: 1989 a. 31 s.
1628; Stats. s. 302.10.
302.10 Annotation
See note to Art. I, sec. 7, citing U.S. v. Gouveia, 467 US 180 (1984).
302.11
302.11
Mandatory release. 302.11(1)(1) The warden or superintendent shall keep a record of the conduct of each inmate, specifying each infraction of the rules. Except as provided in
subs. (1g),
(1m),
(7) and
(10), each inmate is entitled to mandatory release on parole by the department. The mandatory release date is established at two-thirds of the sentence. Any calculations under this subsection or
sub. (2) (b) resulting in fractions of a day shall be rounded in the inmate's favor to a whole day.
302.11(1g)(a)(a) In this subsection, "serious felony" means any of the following:
302.11(1g)(a)2.
2. Any felony under
s. 940.02,
940.03,
940.05,
940.09 (1),
940.19 (5),
940.21,
940.225 (1) or
(2),
940.305 (2),
940.31 (1) or
(2) (b),
943.02,
943.10 (2),
943.23 (1g) or
(1m),
943.32 (2),
946.43,
948.02 (1) or
(2),
948.025,
948.03 (2) (a) or
(c),
948.05,
948.06,
948.07,
948.08,
948.30 (2),
948.35 (1) (b) or
(c) or
948.36.
302.11(1g)(am)
(am) The mandatory release date established in
sub. (1) is a presumptive mandatory release date for an inmate who is serving a sentence for a serious felony committed on or after April 21, 1994.
302.11(1g)(b)
(b) Before an incarcerated inmate with a presumptive mandatory release date reaches the presumptive mandatory release date specified under
par. (am), the parole commission shall proceed under
s. 304.06 (1) to consider whether to deny presumptive mandatory release to the inmate. If the parole commission does not deny presumptive mandatory release, the inmate shall be released on parole. The parole commission may deny presumptive mandatory release to an inmate only on one or more of the following grounds:
302.11(1g)(b)2.
2. Refusal by the inmate to participate in counseling or treatment that the social service and clinical staff of the institution determines is necessary for the inmate.
302.11(1g)(c)
(c) If the parole commission denies presumptive mandatory release to an inmate under
par. (b), the parole commission shall schedule regular reviews of the inmate's case to consider whether to parole the inmate under
s. 304.06 (1).
302.11(1g)(d)
(d) An inmate may seek review of a decision by the parole commission relating to the denial of presumptive mandatory release only by the common law writ of certiorari.
302.11(1i)
(1i) An inmate serving a sentence to the intensive sanctions program is entitled to mandatory release. The mandatory release date under
sub. (1) is established at two-thirds of the sentence under
s. 973.032 (3) (a).
302.11(1m)
(1m) An inmate serving a life term is not entitled to mandatory release. Except as provided in
ss. 939.62 (2m) and
973.014, the parole commission may parole the inmate as specified in
s. 304.06 (1).
302.11(1p)
(1p) An inmate serving a term subject to
s. 961.49 (2) is entitled to mandatory release, except the inmate may not be released before he or she has complied with
s. 961.49 (2).
302.11(2)(a)(a) Any inmate who violates any regulation of the prison or refuses or neglects to perform required or assigned duties is subject to extension of the mandatory release date as follows: 10 days for the first offense, 20 days for the 2nd offense and 40 days for the 3rd or each subsequent offense.
302.11(2)(b)
(b) In addition to the sanctions under
par. (a), any inmate who is placed in adjustment, program or controlled segregation status shall have his or her mandatory release date extended by a number of days equal to 50% of the number of days spent in segregation status. In administering this paragraph, the department shall use the definition of adjustment, program or controlled segregation status under departmental rules in effect at the time an inmate is placed in that status.
302.11(2)(c)
(c) No extension under this section may require the inmate to serve more days in prison than provided for under the sentence.
302.11(3)
(3) All consecutive sentences shall be computed as one continuous sentence.
302.11(4)
(4) An inmate may waive entitlement to mandatory release if the department agrees to the waiver.
302.11 Note
NOTE: 1985 Wis. Act 27 s.
1, which amended sub. (4), explains the effect of the amendment in sections 2 and 3 of the act.
302.11(5)
(5) Before a person is released on parole under this section, the department shall so notify the municipal police department and the county sheriff for the area where the person will be residing. The notification requirement does not apply if a municipal department or county sheriff submits to the department a written statement waiving the right to be notified. If applicable, the department shall also comply with
s. 304.063.
302.11(6)
(6) Any inmate released on parole under
sub. (1) or
(1g) (b) or
s. 304.02 or
304.06 (1) is subject to all conditions and rules of parole until the expiration of the sentence or until he or she is discharged by the department. Except as provided in
ch. 304, releases from prison shall be on the Tuesday or Wednesday preceding the release date. The department may discharge a parolee on or after his or her mandatory release date or after 2 years of supervision. Any inmate sentenced to the intensive sanctions program who is released on parole under
sub. (1) or
s. 304.02 or
304.06 (1) remains in the program unless discharged by the department under
s. 301.048 (6).
302.11(7)(a)(a) The division of hearings and appeals in the department of administration, upon proper notice and hearing, or the department of corrections, if the parolee waives a hearing, may return a parolee released under
sub. (1) or
(1g) (b) or
s. 304.02 or
304.06 (1) to prison for a period up to the remainder of the sentence for a violation of the conditions of parole. The remainder of the sentence is the entire sentence, less time served in custody prior to parole. The revocation order shall provide the parolee with credit in accordance with
ss. 304.072 and
973.155.
302.11(7)(b)
(b) A parolee returned to prison for violation of the conditions of parole shall be incarcerated for the entire period of time determined by the department of corrections in the case of a waiver or the division of hearings and appeals in the department of administration in the case of a hearing under
par. (a), unless paroled earlier under
par. (c). The parolee is not subject to mandatory release under
sub. (1) or presumptive mandatory release under
sub. (1g). The period of time determined under
par. (a) may be extended in accordance with
sub. (2).
302.11(7)(c)
(c) The parole commission may subsequently parole, under
s. 304.06 (1), and the department may subsequently parole, under
s. 304.02, a parolee who is returned to prison for violation of a condition of parole.
302.11(7)(d)
(d) A parolee who is subsequently released either after service of the period of time determined by the department of corrections in the case of a waiver or the division of hearings and appeals in the department of administration in the case of a hearing under
par. (a) or by a grant of parole under
par. (c) is subject to all conditions and rules of parole until expiration of sentence or discharge by the department.
302.11(8)
(8) The department may promulgate rules under
ch. 227 establishing guidelines and criteria for the exercise of discretion under this section.
302.11(9)
(9) Except as provided in
sub. (1g) (am), this section applies to persons committing offenses occurring on or after June 1, 1984, or persons filing requests in accordance with
1983 Wisconsin Act 528, section 29 (2) or
(3).
302.11 Annotation
The department cannot delegate to a review board the authority to forfeit good time; it cannot affirm the decision of such a board. State ex rel. Farrell v. Schubert, 52 W (2d) 351, 190 NW (2d) 529.
302.11 Annotation
Due process requirements in a disciplinary proceeding listed. Steele v. Gray, 64 W (2d) 422, 219 NW (2d) 312. Rehearing.
302.11 Annotation
A defendant convicted of a sex crime and committed to the department of health and social services for a mandatory examination not to exceed 60 days to determine whether he is in need of specialized treatment is not entitled to credit therefor against a maximum sentence thereafter imposed. Mitchell v. State, 69 W (2d) 695, 230 NW (2d) 884.
302.11 Annotation
Subsequent to the revocation of parole, a mandatory release parolee—or a discretionary parolee whose mandatory release has occurred during his parole—is entitled at the discretionary determination as to how much of his good time will be forfeited to at least those due process procedures presently available to a discretionary parole violator in the same situation. Putnam v. McCauley, 70 W (2d) 256, 234 NW (2d) 75.
302.11 Annotation
Inmate's procedural rights in disciplinary proceeding discussed. State ex rel. Meeks v. Gagnon, 95 W (2d) 115, 289 NW (2d) 357 (Ct. App. 1980).
302.11 Annotation
Due process in disciplinary hearing requires record sufficient for judicial review. Major change in condition of confinement gives rise to minimum due process requirements under Wolff v. McDonald, 418 US 539. State ex rel. Irby v. Israel, 95 W (2d) 697, 291 NW (2d) 643 (Ct. App. 1980).
302.11 Annotation
A person serving consecutive sentences is subject to revocation and reincarceration for the remainder of both sentences if a parole violation is committed prior to discharge of the first sentence. Ashford v. Division of Hearings and Appeals, 177 W (2d) 34, 501 NW (2d) 824 (Ct. App. 1993).
302.11 Annotation
Calculation of mandatory release dates for pre-June 1, 1994 crimes discussed. State ex. rel. Parker v. Sullivan, 184 W (2d) 668, 517 NW (2d) 449 (1994).
302.11 Annotation
The department is not at this time required by law to restore forfeited good time allowances or immediately to release anyone committed under the sex crimes act whose maximum term of commitment including forfeited good time has not expired. 61 Atty. Gen. 77.
302.11 Annotation
Mandatory release parolee has a protectible interest, including a conditional liberty interest, in being free from involuntary use of psychotropic drugs; Wisconsin procedure imposing administration of these drugs as parole condition is unconstitutional. Felce v. Feidler, 974 F (2d) 1484 (1992).
302.11 Annotation
A prisoner released on parole is not entitled to an absolute discharge because this was granted other prisoners, in the absence of a showing of an abuse of discretion by the department. Hansen v. Schmidt, 329 F Supp. 141.
302.11 Annotation
A prisoner is not entitled to counsel at a hearing at which his good time is forfeited for parole violation. Sanchez v. Schmidt, 352 F Supp. 628.
302.11 Annotation
See note to 973.15, citing Monsour v. Gray, 375 F Supp. 786.
302.11 Annotation
Prisoner whose parole was revoked on or about May 27, 1970 was entitled to a hearing prior to revocation of his good time credits. Sillman v. Schmidt, 394 F Supp. 1370.
302.115
302.115
Notification prior to expiration of sentence. 302.115(1)(a)
(a) "Member of the family" means spouse, child, sibling, parent or legal guardian.
302.115(1)(b)
(b) "Victim" means a person against whom a crime has been committed.
302.115(2)
(2) Before an inmate who is in a prison serving a sentence for a violation of
s. 940.01,
940.03,
940.05,
940.225 (1) or
(2),
948.02 (1) or
(2),
948.025,
948.06 or
948.07 is released from imprisonment because he or she has reached the expiration date of his or her sentence, the department shall make a reasonable effort 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):
302.115(2)(a)
(a) The victim of the crime committed by the inmate or, if the victim died as a result of the crime, an adult member of the victim's family or, if the victim is younger than 18 years old, the victim's parent or legal guardian.
