302.383(2)(b)
(b) The length of stay in the treatment facility of each prisoner reported under
par. (a).
302.383(2)(c)
(c) The number of prisoners committed to treatment on an outpatient basis in the jail or house of correction under
s. 51.20 (1) (av) who were treated in the jail or house of correction with psychotropic drugs during the year and, for each such prisoner, the prisoner's diagnosis and the types of drugs used.
302.383(3)
(3) The report under
sub. (2) shall include a description of the mental health services that are available to prisoners on either a voluntary or involuntary basis.
302.383 History
History: 1987 a. 394;
1989 a. 31 s.
1658; Stats. 1989 s. 302.383.
302.383 Note
NOTE: 1987 Wis. Act 394, which created this section contains explanatory notes.
302.384
302.384
Procedure if a prisoner refuses appropriate care or treatment. A sheriff, jailer, keeper of any prison, jail or house of correction and the arresting officer are immune from civil liability for any acts or omissions that occur as the result of a good faith effort to allow a prisoner to refuse appropriate care or treatment if all of the following occur:
302.384(1)
(1) A sheriff, jailer, keeper or officer arranges for a health care professional, as defined in
s. 154.01 (3), to observe the prisoner.
302.384(2)
(2) The health care professional informs the prisoner of the availability of appropriate care or treatment.
302.384(3)
(3) The health care professional indicates on records kept by a sheriff, jailer, keeper or officer that appropriate care or treatment was offered and that the prisoner refused that care or treatment.
302.384 History
History: 1987 a. 269,
403;
1989 a. 31 s.
1659; Stats. 1989 s. 302.384.
302.385
302.385
Correctional institution health care. The standards for delivery of health services in state correctional institutions governed under
s. 301.02 shall be based on the essential standards of the American medical association standards for health services in prisons, published in July 1979 and standards for health services in juvenile correctional facilities, published in August 1979.
302.385 History
History: 1979 c. 221;
1983 a. 27;
1989 a. 31 s.
1660; Stats. 1989 s. 302.385.
302.386
302.386
Medical and dental services for prisoners and forensic patients. 302.386(1)(1) Except as provided in
sub. (5), liability for medical and dental services furnished to residents housed in prisons identified in
s. 302.01 or in a secured correctional facility as defined in
s. 938.02 (15m), or in a secured child caring institution, as defined in
s. 938.02 (15g), or to forensic patients in state institutions for those services which are not provided by employes of the department shall be limited to the amounts payable under
ss. 49.43 to
49.47, except
s. 49.468, for similar services. The department may waive any such limit if it determines that needed services cannot be obtained for the applicable amount. No provider of services may bill the resident or patient for the cost of services exceeding the amount of the liability under this subsection.
302.386(2)
(2) The liability of the state for medical and dental services under
sub. (1) does not extend to that part of the medical or dental services of a resident housed in a prison identified in
s. 302.01, a secured correctional facility as defined in
s. 938.02 (15m), or a secured child caring institution, as defined in
s. 938.02 (15g), for which any of the following applies:
302.386(2)(b)
(b) The service is payable under any of the following:
302.386(2)(b)3.
3. Benefits from the state department of veterans affairs or the federal department of veterans affairs.
302.386(2m)
(2m) The department shall collect moneys under
sub. (2) for medical and dental services furnished to residents under
sub. (1) and credit those moneys to the appropriation account under
s. 20.410 (1) (gi).
302.386(3)(a)(a) Except as provided in
par. (b), the department may require a resident housed in a prison identified in
s. 302.01 or in a secured correctional facility as defined in
s. 938.02 (15m) who earns wages during residency and who receives medical or dental services to pay a deductible, coinsurance, copayment or similar charge upon the medical or dental service that he or she receives. The department shall collect the allowable deductible, coinsurance, copayment or similar charge.
302.386(3)(b)
(b) If the resident under
par. (a) requests the medical services or dental services, the department shall require the resident to pay the deductible, coinsurance, copayment or similar charge. The department may not charge the person less than $2.50 for each request. The requirements under this paragraph are subject to the exception and waiver provisions under
par. (c).
302.386(3)(c)
(c) No provider of services may deny care or services because the resident is unable to pay the applicable deductible, coinsurance, copayment or similar charge, but an inability to pay these charges does not relieve the resident of liability for the charges unless the department excepts or waives the liability under criteria that the department shall establish by rule.
302.386(3)(d)
(d) The department shall credit all moneys that it collects under this subsection to the appropriation account under
s. 20.410 (1) (gi).
302.386(4)
(4) The department shall promulgate rules to establish all of the following:
302.386(4)(a)
(a) The specific medical or dental services on which a deductible, coinsurance, copayment or similar charge may be imposed under
sub. (3) (a) or must be imposed under
sub. (3) (b).
302.386(4)(b)
(b) The amounts of deductibles, coinsurances, copayments or similar charges for the medical or dental services under
par. (a).
302.386(5)
(5) The state is not required to provide medical or dental services to any of the following:
302.386(5)(b)
(b) Any participant in the intensive sanctions program under
s. 301.048 unless he or she is imprisoned in a Type 1 prison other than the institution authorized in
s. 301.046 (1).
302.386(5)(c)
(c) Any participant in the corrective sanctions program under
s. 938.533 unless he or she is placed in a Type 1 secured correctional facility, as defined in
s. 938.02 (19).
302.386(5)(d)
(d) Any participant in the serious juvenile offender program under
s. 938.538 unless he or she is placed in a Type 1 secured correctional facility, as defined in
s. 938.02 (19), or in a Type 1 prison other than the institution authorized under
s. 301.046 (1).
302.386(6)
(6) The department may collect a deductible, coinsurance, copayment or similar charge 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.
302.386 History
History: 1985 a. 29;
1989 a. 31 ss.
1661,
1662; Stats. 1989 s. 302.386;
1991 a. 39;
1995 a. 27,
77.
302.39
302.39
Freedom of worship; religious ministration. Insofar as practicable,
s. 301.33 shall apply to county jails.
302.39 History
History: 1989 a. 31 s.
1663; Stats. 1989 s. 302.39.
302.40
302.40
Discipline; solitary confinement. For violating the rules of the jail, an inmate may be kept in solitary confinement, under the care and advice of a physician, but not over 10 days.
302.40 History
History: 1989 a. 31 s.
1664; Stats. 1989 s. 302.40.
302.40 Annotation
Pretrial detainees in jail are entitled to a due process hearing prior to more than slight deprivation of privileges, including loss of any privilege for more than one day. Representation by counsel is not essential. Inmates of Milwaukee Co. Jail v. Petersen, 353 F Supp. 1157.
302.41
302.41
Care of prisoners. Whenever there is a prisoner in any jail there shall be at least one person of the same sex on duty who is wholly responsible to the sheriff or keeper for the custody, cleanliness, food and care of such prisoner.
302.41 History
History: 1975 c. 94;
1989 a. 31 s.
1665; Stats. 1989 s. 302.41.
302.41 Annotation
This section does not conflict with Wisconsin fair employment act. Concept of "bona fide occupational qualification" under Title VII of the 1964 Civil Rights Act discussed. Counties must comply with this section when they can do so without conflict with Title VII. 70 Atty. Gen. 202.
302.42
302.42
Jailer constantly at jail. There shall be a keeper or custodian or attendant present at every jail while there is a prisoner therein.
302.42 History
History: 1989 a. 31 s.
1666; Stats. 1989 s. 302.42.
302.425
302.425
Home detention programs. 302.425(2)
(2) Sheriff's or superintendent's general authority. Subject to the limitations under
sub. (3), a county sheriff or a superintendent of a house or correction may place in the home detention program any person confined in jail who has been arrested for, charged with, convicted of or sentenced for a crime. The sheriff or superintendent may transfer any prisoner in the home detention program to the jail.
302.425(2g)
(2g) County departments and department; general authority. Subject to the limitations under
sub. (3m), a county department or the department may place in the home detention program any child who is in its custody or under its supervision.
302.425(2m)
(2m) Intensive sanctions program participants. Notwithstanding the agreement requirements under
sub. (3), the department may place any intensive sanctions program participant in a home detention program.
302.425(3)
(3) Placement of a prisoner in the program. If a prisoner described under
sub. (2) and the department agree, the sheriff or superintendent may place the prisoner in the home detention program and provide that the prisoner be detained at the prisoner's place of residence or other place designated by the sheriff or superintendent and be monitored by an active electronic monitoring system. The sheriff or superintendent shall establish reasonable terms of detention and ensure that the prisoner is provided a written statement of those terms, including a description of the detention monitoring procedures and requirements and of any applicable liability issues. The terms may include a requirement that the prisoner pay the county a daily fee to cover the county costs associated with monitoring him or her. The county may obtain payment under this subsection or
s. 302.372, but may not collect for the same expenses twice.
302.425 Note
NOTE: Sub. (3) is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c).
302.425(3m)
(3m) Placement of a child in the program. The department or, upon the agreement of the department, the county department may place the child in the home detention program and provide that the child be detained at the child's place of residence or other place designated by the department or the county department and be monitored by an active electronic monitoring system. The department or the county department shall provide reasonable terms of detention and ensure that the child receives a written statement of those terms, including a description of the detention monitoring procedures and requirements and of any applicable liability issues. The terms may include a requirement that the child or his or her parent or guardian pay the county or state a daily fee to cover the costs associated with monitoring him or her.
302.425(4)
(4) Departmental duties. The department shall ensure that electronic monitoring equipment units are available, pursuant to contractual agreements with county sheriffs and county departments, throughout the state on an equitable basis. If a prisoner is chosen under
sub. (3) or a child is chosen under
sub. (3m) to participate in the home detention program, the department shall install and monitor electronic monitoring equipment. The department shall charge the county a daily per prisoner fee or per child fee, whichever is applicable, to cover the department's costs for these services.
302.425(5)(a)(a) Except as provided in
par. (b), a prisoner in the home detention program is considered to be a jail prisoner but the place of detention is not subject to requirements for jails under this chapter.
302.425(6)
(6) Escape. Any intentional failure of a prisoner to remain within the limits of his or her detention or to return to his or her place of detention, as specified in the terms of detention under
sub. (3), is considered an escape under
s. 946.42 (3) (a).
302.425(7)
(7) Court-ordered detention. This section does not apply to persons sentenced under
s. 973.04.
302.425 Annotation
A person subject to home detention under s. 302.425 is not "in custody" and therefore is not entitled to sentence credit for time served under s. 973.155. State v. Swadley, 190 W (2d) 139, 526NW (2d) 778 (Ct. App. 1994).
302.43
302.43
Good time. Every inmate of a county jail is eligible to earn good time in the amount of one-fourth of his or her term for good behavior if sentenced to at least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit for time served prior to sentencing under
s. 973.155, including good time under
s. 973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects or refuses to perform any duty lawfully required of him or her, may be deprived by the sheriff of good time under this section, except that the sheriff shall not deprive the inmate of more than 2 days good time for any one offense without the approval of the court.
302.43 History
History: 1977 c. 353;
1989 a. 31 s.
1667; Stats. 1989 s. 302.43.
302.43 Annotation
One confined for civil (remedial) contempt is not eligible to earn good time, but one confined for criminal (punitive) contempt is eligible.
74 Atty. Gen. 96.
302.44
302.44
Cooperation between counties regarding prisoners. Two or more counties may agree under
s. 66.30 for the cooperative establishment and use of the jails and rehabilitation facilities of any of them for the detention or imprisonment of prisoners before, during and after trial and for sharing the expense without reference to
s. 302.34. The sheriffs of the counties shall lodge prisoners in any jail or rehabilitation facility authorized by the agreement and shall endorse the commitment, if any, under
s. 302.35 in case detention or imprisonment is in the jail or rehabilitation facility of another county. Only jails and rehabilitation facilities approved by the department for the detention of prisoners may be used under the agreement. The sheriff of the county of arrest shall transport the prisoner to and from court and to any other institution whenever necessary.
302.44 History
History: 1975 c. 94;
1983 a. 110;
1989 a. 31 s.
1668; Stats. 1989 s. 302.44.
302.445
302.445
Confinement of county jail prisoners in tribal jails. The county board and the sheriff of any county may enter into an agreement with the elected governing body of a federally recognized American Indian tribe or band in this state for the confinement in a tribal jail of county jail prisoners. The sheriff retains responsibility for the prisoners for providing custody, care, treatment, services, leave privileges and food and determining good time as if they remained county jail prisoners, except that the sheriff may delegate, under the agreement, any of the responsibility to the tribal chief of police. The tribal jail is subject to
s. 301.37 (4) but is not subject to the requirements for county jails unless otherwise provided under the agreement.
302.445 History
History: 1993 a. 48.
302.446
302.446
Confinement of tribal prisoners in county jails. 302.446(1)(1) The county board and the sheriff of any county may enter into an agreement with the elected governing body of a federally recognized American Indian tribe or band in this state for the confinement in the county jail of a person who is being confined for any of the following reasons:
302.446(1)(a)
(a) The person has been arrested by a tribal law enforcement officer for violating a tribal statute or ordinance.
302.446(1)(b)
(b) The person has been ordered incarcerated by a tribal court.
302.446(1)(c)
(c) The person is being held in custody for any cause authorized by tribal law.
302.446(2)
(2) Notwithstanding
ss. 302.33 (1),
302.37,
302.38,
302.381,
302.383,
302.41,
302.43 and
303.08, the tribe or tribal official designated by the tribe retains responsibility for the prisoners for providing custody, care, treatment, services, leave privileges and food and for determining good time as if they remained tribal prisoners, except that the tribe or tribal official designated by the tribe may delegate, under the agreement, any of the responsibility to the sheriff. The county jail is not subject to any of the requirements for tribal jails unless otherwise provided under the agreement.
302.446 History
History: 1995 a. 379.
302.45
302.45
State-local shared correctional facilities. 302.45(1)(1) The department and any county or group of counties may contract for the cooperative establishment and use of state-local shared correctional facilities. Inmates sentenced to the Wisconsin state prisons, a county jail, a county reforestation camp or a county house of correction may be transferred to a shared facility by the department, sheriff or superintendent, respectively, under the agreement covering use of the facility. Any inmate confined in a state-local shared correctional facility shall be deemed to be serving time in the penal institution to which he or she was sentenced and shall be eligible to earn good time credit against his or her sentence as provided under
ss. 302.11,
302.12;
302.43;
303.07 and
303.19 for that institution.
302.45(2)
(2) Costs of establishment and use of state-local shared correctional facilities shall be borne in accordance with the contract between the department and the cooperating county or counties. The contract shall provide for administration of the facility, establish criteria and a procedure for transfer of inmates to and from the facility and allow for dissolution of the agreement. The contract may exempt inmates at the shared facility from rules governing inmates at other prisons and county correctional facilities and, within statutory authority, establish separate rules for the facility.
302.45(3)
(3) Any county jail, reforestation camp established under
s. 303.07, county house of correction or rehabilitation facility established under
s. 59.53 (8), whether operated by one county or more than one county, may be a state-local shared correctional facility.
302.45(4)
(4) The Taycheedah correctional institution may not be used as a state-local shared correctional facility.
302.45 History
History: 1983 a. 332;
1989 a. 31 s.
1669; Stats. 1989 s. 302.45;
1995 a. 201.
