302.33 Maintenance of prisoners in county jail; state payments to counties and tribal governing bodies.
302.335 Restrictions on detaining probationers, parolees and persons on extended supervision in county or tribal jail.
302.336 County jail in populous counties.
302.34 Use of jail of another county.
302.35 Removal of prisoners in emergency.
302.36 Segregation of prisoners.
302.365 Jail and house of correction program standards.
302.37 Maintenance of jail and care of prisoners.
302.372 Prisoner reimbursement to a county.
302.375 Restrictions on liquor and dangerous drugs; placement of prisoners.
302.38 Medical care of prisoners.
302.381 Emergency services for crisis intervention for prisoners.
302.383 Mental health treatment of prisoners.
302.384 Procedure if a prisoner refuses appropriate care or treatment.
302.385 Correctional institution health care.
302.386 Medical and dental services for prisoners and forensic patients.
302.39 Freedom of worship; religious ministration.
302.40 Discipline; solitary confinement.
302.41 Care of prisoners.
302.42 Jailer constantly at jail.
302.425 Home detention programs.
302.44 Cooperation between counties regarding prisoners.
302.445 Confinement of county jail prisoners in tribal jails.
302.446 Confinement of tribal prisoners in county jails.
302.45 State-local shared correctional facilities.
Ch. 302 Cross-reference
Cross-reference: See definitions in s.
301.01.
302.01
302.01
State prisons named and defined. The penitentiary at Waupun is named "Waupun Correctional Institution". The correctional treatment center at Waupun is named "Dodge Correctional Institution". The penitentiary at Green Bay is named "Green Bay Correctional Institution". The medium/maximum penitentiary at Portage is named "Columbia Correctional Institution". The medium security institution at Oshkosh is named "Oshkosh Correctional Institution". The medium security penitentiary near Fox Lake is named "Fox Lake Correctional Institution". The penitentiary at Taycheedah is named "Taycheedah Correctional Institution". The medium security penitentiary at Plymouth is named "Kettle Moraine Correctional Institution". The penitentiary at the village of Sturtevant in Racine county is named "Racine Correctional Institution". The medium security penitentiary at Racine is named "Racine Youthful Offender Correctional Facility". The resource facility at Oshkosh is named "Wisconsin Resource Center". The institutions named in this section, the correctional institution authorized under
s. 301.16 (1n), correctional institution authorized under
1997 Wisconsin Act 4, section 4 (1) (a), correctional institution authorized under
s. 301.046 (1), correctional institution authorized under
s. 301.048 (4) (b), minimum security correctional institutions authorized under
s. 301.13, and state-local shared correctional facilities when established under
s. 301.14, are state prisons.
302.02
302.02
Jurisdiction and extent of state correctional institutions; service of process therein. 302.02(1)
(1)
Waupun correctional institution. For all purposes of discipline and for judicial proceedings, the Waupun correctional institution and the precincts thereof shall be deemed to be in Dodge county, and the courts of that county shall have jurisdiction of all crimes committed within the county. Every activity conducted under the jurisdiction of and by the institution, wherever located, is a precinct of the prison and each precinct is part of the institution.
302.02(2)
(2) Green Bay correctional institution. For all purposes of discipline and for judicial proceedings, the Green Bay correctional institution and the precincts thereof shall be deemed to be in Brown county, and the courts of that county shall have jurisdiction of all crimes committed within the county. Every activity conducted under the jurisdiction of and by the institution, wherever located, is a precinct of the institution; and each precinct is part of the institution.
302.02(3)
(3) Taycheedah correctional institution. For all purposes of discipline and for judicial proceedings, the Taycheedah correctional institution and the precincts thereof shall be deemed to be in Fond du Lac county, and the courts of that county shall have jurisdiction of all crimes committed within the same. Every activity conducted under the jurisdiction of and by such correctional institution, wherever located, is a precinct of the correctional institution; and each precinct is part of the correctional institution.
302.02(3m)
(3m) Correctional institution under section 301.16. For all purposes of discipline and for judicial proceedings, the correctional institutions authorized under
s. 301.16 and the precincts thereof shall be deemed to be in a county in which the institution is physically located, and the courts of that county shall have jurisdiction of all crimes committed within the county. Every activity conducted under the jurisdiction of and by the institution, wherever located, is a precinct of the institution; and each precinct is part of the institution.
302.02(3t)
(3t) Institutions located in other states. For all purposes of discipline and for judicial proceedings, each institution that is located in another state and authorized for use under
s. 301.21 and the precincts of the institution shall be deemed to be in a county in which the institution is physically located, and the courts of that county shall have jurisdiction of any activity, wherever located, conducted by the institution.
302.02(4)
(4) Fox Lake correctional institution. For all purposes of discipline and for judicial proceedings, the Fox Lake correctional institution and the precincts thereof are deemed to be in Dodge county, and the courts of that county shall have jurisdiction of all crimes committed within the county. Every activity conducted under the jurisdiction of and by the Fox Lake correctional institution wherever located is a precinct of the institution.
302.02(4a)
(4a) Minimum security correctional institutions. For all purposes of discipline and judicial proceedings the minimum security correctional institutions and precincts thereof shall be deemed, as to each inmate, to be in the county in which the institution to which the inmate is assigned is located, and the courts of that county shall have jurisdiction of all crimes committed within the same. Every activity conducted under the jurisdiction of and by the minimum security correctional institutions wherever located is, as to each inmate, a precinct of the institution to which the inmate is assigned.
302.02(4c)
(4c) Kettle Moraine correctional institution. For all purposes of discipline and for judicial proceedings, the Kettle Moraine correctional institution and the precincts thereof are deemed to be in Sheboygan county, and the courts of that county shall have jurisdiction of all crimes committed within the same. Every activity conducted under the jurisdiction of and by the Kettle Moraine correctional institution wherever located is a precinct of the institution.
302.02(4d)
(4d) Dodge correctional institution. For all purposes of discipline and for judicial proceedings, the Dodge correctional institution and the precincts thereof shall be deemed to be in Dodge county, and the courts of that county shall have jurisdiction of all crimes committed within that county. Every activity conducted under the jurisdiction of and by the Dodge correctional institution, wherever located, is a precinct of the institution; and each precinct is part of the institution.
302.02(4t)
(4t) State-local shared correctional facilities. For all purposes of discipline and judicial proceedings, the state-local shared correctional facilities and their precincts shall be deemed, as to each inmate, to be in the county in which the facility to which the inmate is assigned is located, and the courts of that county shall have jurisdiction over all crimes committed within the facility. Every activity conducted under the jurisdiction of and by the state-local shared correctional facility wherever located is, as to each inmate, a precinct of the facility to which he or she is assigned.
302.02(4x)
(4x) Correctional institution; community residential confinement. For all purposes of discipline and judicial proceedings the correctional institution under
s. 301.046 (1) and precincts thereof shall be deemed, as to each inmate, to be in the county in which the inmate is confined, and the courts of that county shall have jurisdiction of all crimes committed within the same. Every activity conducted under the jurisdiction of and by the institution under
s. 301.046 (1) wherever located is a precinct of the institution.
302.02(4y)
(4y) Correctional institution; intensive sanctions program. For all purposes of discipline and judicial proceedings the correctional institution under
s. 301.048 (4) (b) and precincts thereof shall be deemed, as to each inmate, to be in the county in which the inmate is assigned, and the courts of that county shall have jurisdiction of all crimes committed within the same. Every activity conducted under the jurisdiction of and by the institution under
s. 301.048 (4) (b) wherever located is a precinct of the institution.
302.02(5)(a)(a) Service of process may be made on the warden or superintendent of any prison named in
s. 302.01 as upon any other resident of this state.
302.02(5)(b)
(b) Except as provided in
par. (a), service of process within any such prison on any officer or employe or inmate thereof shall be made by the warden or superintendent or some person appointed by the warden or superintendent to serve process.
302.02 Annotation
Under 801.50 (3), prisoner's civil action against superintendent was properly venued in Dane county. Irby v. Young, 139 W (2d) 279, 407 NW (2d) 314 (Ct. App. 1987).
302.03
302.03
Oath of office; bond. 302.03(1)
(1) The wardens and the superintendents of the state prisons shall each take the official oath required by
s. 19.01.
302.03(2)
(2) They shall each execute the official bond required by
s. 19.01, the amount of which shall be fixed by the department, with surety or sureties approved by the department.
302.03 History
History: 1989 a. 31 s.
1619; Stats. 1989 s. 302.03.
302.04
302.04
Duties of warden and superintendents. The warden or the superintendent of each state prison shall have charge and custody of the prison and all lands, belongings, furniture, implements, stock and provisions and every other species of property within the same or pertaining thereto. The warden or superintendent shall enforce the regulations of the department for the administration of the prison and for the government of its officers and the discipline of its inmates.
302.04 History
History: 1989 a. 31 s.
1620; Stats. 1989 s. 302.04;
1991 a. 316.
302.045
302.045
Challenge incarceration program for youthful offenders. 302.045(1)(1)
Program. The department shall provide a challenge incarceration program for inmates selected to participate under
sub. (2). The program shall provide participants with strenuous physical exercise, manual labor, personal development counseling, substance abuse treatment and education, military drill and ceremony and counseling in preparation for release on parole or extended supervision. The department shall design the program to include not less than 50 participants at a time and so that a participant may complete the program in not more than 180 days. The department may restrict participant privileges as necessary to maintain discipline.
302.045(2)
(2) Program eligibility. Except as provided in
sub. (4), the department may place any inmate in the challenge incarceration program if the inmate meets all of the following criteria:
302.045(2)(a)
(a) The inmate volunteers to participate in the program.
302.045(2)(b)
(b) The inmate has not attained the age of 30, as of the date the inmate will begin participating in the program.
302.045(2)(cm)
(cm) If the inmate is serving a bifurcated sentence imposed under
s. 973.01, the sentencing court decided under
s. 973.01 (3m) that the inmate is eligible for the challenge incarceration program.
302.045(2)(d)
(d) The department determines, during assessment and evaluation, that the inmate has a substance abuse problem.
302.045(2)(e)
(e) The department determines that the inmate has no psychological, physical or medical limitations that would preclude participation in the program.
302.045(3)
(3) Parole eligibility. Except as provided in
sub. (4), if the department determines that an inmate has successfully completed the challenge incarceration program, the parole commission shall parole the inmate under
s. 304.06, regardless of the time the inmate has served, unless the person is serving a sentence imposed under
s. 973.01. When the parole commission grants parole under this subsection, it must require the parolee to participate in an intensive supervision program for drug abusers as a condition of parole.
302.045(3m)(a)(a) Except as provided in
sub. (4), if the department determines that an inmate serving the term of confinement in prison portion of a bifurcated sentence imposed under
s. 973.01 has successfully completed the challenge incarceration program, the department shall inform the court that sentenced the inmate.
302.045(3m)(b)
(b) Upon being informed by the department under
par. (a) that an inmate whom the court sentenced under
s. 973.01 has successfully completed the challenge incarceration program, the court shall modify the inmate's bifurcated sentence as follows:
302.045(3m)(b)1.
1. The court shall reduce the term of confinement in prison portion of the inmate's bifurcated sentence in a manner that provides for the release of the inmate to extended supervision within 30 days of the date on which the court receives the information from the department under
par. (a).
302.045(3m)(b)2.
2. The court shall lengthen the term of extended supervision imposed so that the total length of the bifurcated sentence originally imposed does not change.
302.045(3m)(c)
(c) The court may not increase the total length of the bifurcated sentence when modifying a bifurcated sentence under
par. (b).
302.045(4)
(4) Intensive sanctions program participants. The department may place any intensive sanctions program participant in the challenge incarceration program. The participant is not subject to
subs. (2),
(3) and
(3m).
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.
