CHAPTER 303
PRISON LABOR
303.01 Prison industries.
303.015 Prison industries board.
303.016 Accounting system.
303.019 Quarterly report.
303.03 Prison labor on farms and buildings.
303.04 Correctional farms.
303.05 Vocational instruction at prisons.
303.06 Prison products; sale.
303.063 Secure work program.
303.065 Work release plan for prison inmates.
303.066 Wisconsin conservation corps projects.
303.068 Leave for qualified inmates.
303.069 Correctional institution enterprises; activities of inmates.
303.07 County reforestation camps.
303.08 "Huber Law"; employment of county jail prisoners.
303.16 County house of correction.
303.17 Administration and management.
303.18 Commitments; municipal prisoners; contract with other county.
303.19 Employment of prisoners; time credits, earnings and rewards.
303.20 United States convicts.
303.21 Compensation to injured prisoners.
303.215 Compensation to prisoners or residents injured in prison industries employment.
303.22 Work on Sundays and holidays.
Ch. 303 Cross-reference
Cross-reference: See definitions in s.
301.01.
303.01
303.01
Prison industries. 303.01(1)(a)(a) In this subsection "manufacturing" includes reprocessing, repairing, salvaging, servicing and storing.
303.01(1)(b)
(b) 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.
303.01(1)(c)
(c) 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.
303.01(1)(d)
(d) Prison industries may sell wood and metal office furniture and laundry services only to state agencies, as defined in
s. 20.001 (1).
303.01(2)
(2) Powers of department. In the administration of the prison industries program, the department may:
303.01(2)(b)
(b) Submit bids for any contract or subcontract with a nonprofit organization as defined in
s. 108.02 (19);
303.01(2)(d)
(d) Operate a central warehouse and central generating station with the employment of prisoners to supply its institutions;
303.01(2)(e)
(e) 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;
303.01(2)(em)
(em) 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;
303.01 Note
NOTE: 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.
303.01(2)(f)
(f) Lease or purchase land within the state for the employment of prisoners or residents; and
303.01(2)(g)
(g) 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.
303.01(4)
(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.
303.01(6)
(6) Goal. 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).
303.01(8)
(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).
303.01(9)
(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.
303.01(10)
(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.
303.01 Annotation
Inmates are not entitled to federal minimum wage protection. Sundby v. Fiedler, 827 F Supp. 583 (1993).
303.015
303.015
Prison industries board. 303.015(1)
(1) The prison industries board has the following powers and duties:
303.015(1)(a)
(a) 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.
303.015(1)(b)
(b) 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.
303.015(1)(c)
(c) 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.
303.015(1)(d)
(d) No purchase of more than $250,000 may be made for prison industries without prior approval of the board.
