301.26 History
History: 1995 a. 27 ss.
6363p,
9126 (19);
1995 a. 77,
352,
416,
417;
1997 a. 27,
35,
237,
252; s. 13.93 (2) (c).
301.263
301.263
Community intervention program. 301.263(1)
(1) From the appropriation under
s. 20.410 (3) (f), the department shall distribute $3,750,000 in each year to counties for early intervention services for first offenders and for intensive community-based intervention services for seriously chronic offenders.
301.263(2)
(2) To determine eligibility for a payment under
sub. (1), the department shall require a county to submit a plan for the expenditure of that payment that ensures that the county targets the programs to be funded under that payment appropriately.
301.263(3)
(3) The department shall distribute 33% of the amounts distributed under
sub. (1) based on each county's proportion of the violent Part I juvenile arrests reported statewide under the uniform crime reporting system of the office of justice assistance in the department of administration, during the most recent 2-year period for which that information is available. The department shall distribute 33% of the amounts distributed under
sub. (1) based on each county's proportion of the number of juveniles statewide who are placed in a juvenile correctional institution or a secured child caring institution, as defined in
s. 938.02 (15g), during the most recent 2-year period for which that information is available. The department shall distribute 34% of the amounts distributed under
sub. (1) based on each county's proportion of the total Part I juvenile arrests reported statewide under the uniform crime reporting system of the office of justice assistance, during the most recent 2-year period for which that information is available.
301.263 History
History: 1995 a. 27,
77;
1997 a. 35.
301.265
301.265
Diversion of youth from gang activities. 301.265(1)(1) From the appropriations under
s. 20.410 (3) (d) and
(kj), the department shall allocate $500,000 in each fiscal year to enter into a contract with an organization to provide services in a county having a population of 500,000 or more for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational and employment programs. Notwithstanding
s. 16.75, the department may enter into a contract under this subsection without soliciting bids or proposals and without accepting the lowest responsible bid or offer.
301.265(2)
(2) From the appropriation under
s. 20.410 (3) (kp), the department may not distribute more than $300,000 in each fiscal year to the organization that it has contracted with under
sub. (1) for alcohol and other drug abuse education and treatment services for participants in that organization's youth diversion program.
301.265(3)
(3) From the appropriations under
s. 20.410 (3) (d) and
(kj), the department shall allocate $150,000 in each fiscal year to enter into a contract with an organization to provide services in Racine County, $150,000 in each fiscal year to enter into a contract with an organization to provide services in Kenosha County, $150,000 in each fiscal year to enter into a contract with an organization that is located in ward 1 in the city of Racine to provide services in Racine County and $75,000 in each fiscal year to enter into a contract with an organization to provide services in Brown County, for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational and employment programs, and for alcohol or other drug abuse education and treatment services for participants in that organization's youth diversion program. The organization that is located in ward 1 in the city of Racine shall have a recreational facility, shall offer programs to divert youths from gang activities, may not be affiliated with any national or state association and may not have entered into a contract under s.
301.265 (3), 1995 stats. Notwithstanding
s. 16.75, the department may enter into a contract under this subsection without soliciting bids or proposals and without accepting the lowest responsible bid or offer.
301.265 History
History: 1995 a. 27;
1997 a. 27.
301.27
301.27
Meal and other charges; vending stands; commissary; and butter and cheese. 301.27(1)
(1)
Charges. In compliance with the compensation plan established under
s. 230.12 (3), the department may make and determine charges for meals, living quarters, laundry and other services furnished to employes of the state correctional institutions and members of the employe's family maintained as such. All moneys received from each person on account of these services shall be used for operation of the institutions under
s. 20.410 (1) (a) and
(3) (a),
(hm) and
(j). If a chaplain employed in any institution administered by the department is not furnished a residence by the state, $1,800 or 20% of the chaplain's salary, whichever is greater, is designated as his or her housing allowance.
301.27(2)
(2) Vending stands. The department shall establish and maintain a revolving fund not exceeding $60,000 in any of the state institutions administered by the department, for the education, recreation and convenience of the patients, inmates and employes, to be used for the operation of vending stands, canteen operations, reading clubs, musical organizations, religious programs, athletics and similar projects. The funds are exempt from
s. 20.906, but are subject to audit by the department and the legislative audit bureau in its discretion.
301.27(3)
(3) Commissary. With the approval of the governor and the director of personnel, the department, by rule, may provide employes in its institutions with laundry, food, housing and necessary furnishings.
301.27(4)
(4) Butter and cheese. No butter or cheese not made wholly and directly from pure milk or cream, salt and harmless coloring matter may be used in any of the institutions of the department, except for the institution authorized under
s. 301.046 (1) or a Type 2 prison.
301.28
301.28
Training of correctional officers. 301.28(1)
(1) In this section, "correctional officer" means any person classified as a correctional officer employed by the state whose principal duty is the supervision of inmates at a prison, as defined in
s. 302.01.
301.28(2)(a)(a) Correctional officers serving under permanent appointment prior to July 31, 1981 are not required to meet any requirement under
par. (b) as a condition of continued employment. Failure of any such correctional officer to fulfill those requirements does not make that person ineligible for any promotional examination for which he or she is otherwise eligible. Those correctional officers may voluntarily participate in this program.
301.28(2)(b)
(b) No person may be permanently appointed as a correctional officer unless the person has satisfactorily completed a preservice training program approved by the department.
301.28 History
History: 1981 c. 20;
1989 a. 31 s.
970; Stats. 1989 s. 301.28;
1993 a. 377;
1995 a. 27.
301.285
301.285
In-service and work experience training. The department may conduct a program of in-service training and staff development and, in cooperation with educational institutions, provide facilities for work experience for students, including subsistence.
301.285 History
History: 1989 a. 31.
301.287
301.287
Correctional officer overtime. The department shall maintain a central monitoring system to record the amount of overtime worked by correctional officers.
301.287 History
History: 1991 a. 39.
301.29
301.29
Bonds of employes; police powers; investigation of complaints. 301.29(2)(2) The superintendents of all the state correctional institutions, and the employes under them to whom they delegate police power, may arrest any person within or upon the grounds of the institutions whom they have reason to believe guilty of any offense against the laws or regulations governing the institutions; and for that purpose they shall possess the powers of constables.
301.29(3)
(3) The department shall investigate complaints against any institution under its jurisdiction or against the officers or employes of the institutions. For that purpose, the secretary and such officers and employes as the secretary authorizes may summon and swear witnesses, take testimony and compel the production of books and papers. On its own initiative, the department may investigate the affairs of any institution. Any written communication or complaint addressed to the secretary by any inmate, employe or subordinate of an institution shall be immediately forwarded unopened to the addressee.
301.29 History
History: 1989 a. 31;
1997 a. 289.
301.30
301.30
Inmate wages, allowances and release payments. The department may pay a wage or an allowance and a release payment to inmates at its institutions. The department shall prescribe the amounts of pay and such hours, health and other conditions in connection with employment as are reasonable.
301.30 History
History: 1989 a. 31.
301.31
301.31
Wages to prisoners. The department may provide for assistance of prisoners on their discharge; for the support of their families while the prisoners are in confinement; or for the payment, either in full or ratably, of their obligations acknowledged by them in writing or which have been reduced to judgment by the allowance of moderate wages, to be paid from the operation, maintenance, farm and construction appropriations of the institution in which they are confined. Until the prisoner's final discharge, the funds arising from the wages shall be under the control of the officer in charge of the institution and shall be used for the benefit of the prisoner, the prisoner's family and other obligations specified in this section. Earnings by inmates working in the prison industries and the retention and distribution thereof shall be governed by
ss. 303.01 (4) and
(8) and
303.06 (2).
301.31 History
History: 1989 a. 31;
1991 a. 269.
301.315
301.315
Corrections programs report. The department shall report to the joint committee on finance with a proposal to address negative cash balances associated with closed industries or other corrections programs through the use of moneys appropriated under
s. 20.410 as of the date of the proposal.
301.315 History
History: 1989 a. 31.
301.32
301.32
Property of prisoners, residents and probationers. 301.32(1)(1)
Property delivered to warden or superintendent; credit and debit. All money and other property delivered to an employe of any state correctional institution for the benefit of a prisoner or resident shall be delivered to the warden or superintendent, who shall enter the property upon his or her accounts to the credit of the prisoner or resident. The property may be used only under the direction and with the approval of the superintendent or warden and for the crime victim and witness assistance surcharge under
s. 973.045 (4), the delinquency victim and witness assistance surcharge under
s. 938.34 (8d) (c), the deoxyribonucleic acid analysis surcharge under
s. 973.046 or the benefit of the prisoner or resident. If the money remains uncalled for for one year after the prisoner's or resident's death or departure from the state correctional institution, the superintendent shall deposit it in the general fund. If any prisoner or resident leaves property, other than money, uncalled for at a state correctional institution for one year, the superintendent shall sell the property and deposit the proceeds in the general fund, donate the property to a public agency or private, nonprofit organization or destroy the property. If any person satisfies the department, within 5 years after the deposit, of his or her right to the deposit, the department shall direct the department of administration to draw its warrant in favor of the claimant and it shall charge the same to the appropriation made by
s. 20.913 (3) (bm).
301.32(2)
(2) Central reception unit; exception. Notwithstanding
sub. (1) and
s. 302.13, an inmate account need not be opened or maintained for an inmate placed at the central reception unit at the Dodge correctional institution.
301.32(3)(a)(a) All money or other property paid or delivered to a probation, extended supervision and parole agent or other employe of the department by or for the benefit of any person on probation, extended supervision or parole shall be immediately transmitted to the department and it shall enter the same upon its books to his or her credit. The property shall be used only under the direction of the department.
301.32(3)(b)
(b) If the person on probation, extended supervision or parole absconds, the money shall be credited to the revolving fund created by
s. 304.075; and other property if not called for within one year shall be sold by the department and the proceeds shall be credited to the fund.
301.32(3)(c)
(c) If any person, within 5 years after such crediting of funds, satisfies the department that he or she is entitled thereto, the department shall certify the amount thereof to the department of administration for payment to the claimant from the appropriation made by
s. 20.410 (1) (g).
301.32 Annotation
This section does not create a property interest in items prohibited by administrative rule because these items have not been delivered to prison employes for the benefit of inmates. Prohibited items are contraband subject to seizure. Escobar v. Landwehr, 837 F Supp. 284 (1993).
301.325
301.325
Prisoner reimbursement to the state. The department may charge a prisoner for some or all of the costs to the department of the prisoner's incarceration. The department may collect from the inmate during his or her incarceration or after his or her release or both. Upon the request of the department, the attorney general may bring a civil action to recover costs under this section that the department has been unable to collect. The department may not recover under this section for any costs already recovered as otherwise provided in
chs. 301 to
303.The department shall promulgate rules providing a method of charging under this section that is based on a prisoner's ability to pay and providing procedures for collection of the costs.
301.325 History
History: 1995 a. 27.
301.328
301.328
Judgment for litigation loans to prisoners. 301.328(1)(1) In this section, "litigation loan" means a loan made to a prisoner by the department to pay for paper, photocopying, postage or other expenses associated with litigation commenced by the prisoner.
301.328(2)
(2) If a prisoner fails to repay a litigation loan to the department, the warden of the institution where the prisoner is incarcerated, imprisoned, confined or detained may submit a certification under oath to the clerk of circuit court in the county where the institution is located. The certification shall state the amount of litigation loans unpaid, the name and location of the prisoner and such other information as the court considers necessary. The court shall order that the amount certified by the warden be a judgment on behalf of the state and against the prisoner if the prisoner fails to submit a written objection to the court within 20 days after the court receives the certification from the warden. If the prisoner timely submits a written objection to the certification, the court shall consider the objection to be a complaint in a civil action and proceed under the rules of procedure under
ch. 799, without requiring the service of a summons or the payment of filing fees.
301.328(3)
(3) At the same time that the warden submits the certification to the court, the warden shall provide the prisoner with a copy of the certification. The warden shall attach to the certification provided to the prisoner a notice informing the prisoner of all of the following:
301.328(3)(a)
(a) That if the prisoner fails to submit a written objection to the court within 20 days after the court receives the certification from the warden, the court shall order that the amount certified by the warden be a judgment on behalf of the state and against the prisoner.
301.328(3)(b)
(b) The name and address of the circuit court where the certification was submitted.
301.328(3)(c)
(c) That if the prisoner timely objects to the certification, the objection will be considered a complaint for purposes of the commencement of a civil suit under
ch. 799.
301.328(3)(d)
(d) That the prisoner is required to submit a copy of the objection to the warden at the time he or she submits the objection to the clerk of circuit court.
301.328 History
History: 1997 a. 133.
301.33
301.33
Freedom of worship; religious ministration. 301.33(1)(1) Subject to reasonable exercise of the privilege, members of the clergy of all religious faiths shall have an opportunity, at least once each week, to conduct religious services within the state correctional institutions. Attendance at the services is voluntary.
301.33(2)
(2) Every inmate shall receive, upon request, religious ministration and sacraments according to the inmate's faith.
301.33(3)
(3) Every inmate who requests it shall have the use of the Bible.
301.33 History
History: 1989 a. 31.
301.33 Annotation
The state must make copies of the Quran available to prisoners to the same extent that Bibles are made available. Pitts v. Knowles, 339 F Supp. 1183.
301.335
301.335
Treatment records. Section 51.30 applies to treatment records, as defined in
s. 51.30 (1) (b), maintained by the department of corrections in regard to children adjudged delinquent. The department has the same authority, including rule-making authority, with regard to treatment records maintained by the department that is granted to the department of health and family services under
s. 51.30.
301.335 History
History: 1989 a. 31;
1995 a. 27 s.
9126 (19).
301.35
301.35
Law enforcement officer access to department records. 301.35(2)
(2) The department shall allow a law enforcement officer access to a departmental record if the record pertains to any of the following persons who resides or is planning to reside in the officer's territorial jurisdiction:
301.36
301.36
General supervision and inspection by department. 301.36(1)(1)
General authority. The department shall investigate and supervise all of the state correctional institutions and all secure detention facilities and familiarize itself with all of the circumstances affecting their management and usefulness.
301.36(2)
(2) Prisons. The department shall visit all places in which persons convicted or suspected of crime are confined, and ascertain their arrangement for the separation of the hardened criminals from juvenile offenders and persons suspected of crime or detained as witnesses; collect statistics concerning the inmates, their treatment, employment and reformation; and collect information of other facts and considerations affecting the increase or decrease of crime.
301.36(3)
(3) Inspections. The department shall inquire into the methods of treatment, instruction, government and management of inmates of the institutions mentioned in this section; the conduct of their trustees, managers, directors, superintendents and other officers and employes; the condition of the buildings, grounds and all other property pertaining to the institutions, and all other matters pertaining to their usefulness and management; and recommend to the officers in charge such changes and additional provisions as it deems proper.
301.36(4)
(4) Frequency of inspections. The department shall inspect and investigate each institution at least annually and, when directed by the governor, it shall conduct a special investigation into an institution's management, or anything connected with its management, and report to the governor the testimony taken, the facts found and conclusions drawn.
301.36(5)
(5) Enforcement by attorney general and district attorneys. Upon request of the department, the attorney general or the district attorney serving the proper county shall aid in any investigation, inspection, hearing or trial had under this chapter or those sections of
ch. 938 relating to powers of the department, and shall institute and prosecute all necessary actions or proceedings for the enforcement of those provisions and for the punishment of violations of those provisions. The attorney general or district attorney so requested shall report or confer with the department regarding the request, within 30 days after receipt of the request.
301.36(6)
(6) Opportunity to inspect. All trustees, managers, directors, superintendents and other officers or employes of the institutions shall at all times afford to every member of the department and its agents, unrestrained facility for inspection of and free access to all parts of the buildings and grounds and to all books and papers of the institutions; and shall give, either verbally or in writing, such information as the department requires. Any person who violates this subsection shall forfeit not less than $10 nor more than $100.
301.36(7)
(7) Testimonial power; expenses. The director or any person delegated by the director may administer oaths, take testimony and cause depositions to be taken. All expenses of the investigations, including fees of officers and witnesses, shall be charged to the appropriation for the department.
301.36(8)
(8) Statistics to be furnished. Wherever the department is required to collect statistics, the person or agency shall furnish the required statistics on request.
301.36 History
History: 1989 a. 31,
107;
1995 a. 27,
77.
301.37
301.37
County buildings; establishment, approval, inspection. 301.37(1)(1) The department shall fix reasonable standards and regulations for the design, construction, repair and maintenance of houses of correction, reforestation camps maintained under
s. 303.07, jails as defined in
s. 302.30, extensions of jails under
s. 59.54 (14) (g), rehabilitation facilities under
s. 59.53 (8), lockup facilities as defined in
s. 302.30, work camps under
s. 303.10, Huber facilities under
s. 303.09 and, after consulting with the department of health and family services, secure detention facilities, with respect to their adequacy and fitness for the needs which they are to serve.
