302.336(1)
(1) A county having a population of 500,000 or more shall provide, as part of its county jail, for the confinement of all persons arrested for violation of state laws or municipal ordinances or otherwise detained by police officers of a 1st class city located within the county. A contribution toward the construction and equipment of the county jail from a 1st class city accepted by a county having a population of 500,000 or more under an intergovernmental cooperation agreement under
s. 66.30 is made for a municipal purpose, and a 1st class city may borrow money under
ch. 67, appropriate funds and levy taxes for that purpose.
302.336(2)
(2) Prisoners confined in the county jail under
sub. (1) are in the legal custody of the county sheriff or other keeper of the jail. The sheriff or other keeper is legally responsible for any such prisoner's confinement; maintenance; care, including medical and hospital care; release prior to an initial appearance in court; and the initial appearance before the circuit court or the initial appearance before a municipal court at a location within the county jail.
302.336(3)(a)
(a) The costs of operating and maintaining the county jail and maintaining the prisoners in the county jail.
302.336(3)(b)
(b) The costs of carrying out its legal responsibilities under
sub. (2).
302.336(4)
(4) An intergovernmental cooperation agreement under
s. 66.30 between a city and a county under
sub. (1) may provide for the city to reimburse the county for its cost of custody at the initial appearance before a municipal court located within the county jail for prisoners who are in custody exclusively for violation of a municipal ordinance.
302.336 History
History: 1989 a. 261;
1989 a. 359 s.
200; Stats. 1989 s. 302.336;
1995 a. 43.
302.34
302.34
Use of jail of another county. Courts, judges and officers of any county having no jail and no cooperative agreement under
s. 302.44 may sentence, commit or deliver any person to the jail of any other county as if that jail existed in their own county. The sheriff of the other county shall receive and keep the prisoner in all respects as if committed from his or her county. The cost of the keep shall be paid by the county from which the prisoner was sentenced, committed or delivered.
302.34 History
History: 1983 a. 110;
1989 a. 31 s.
1649; Stats. 1989 s. 302.34.
302.34 Cross-reference
Cross-reference: See s.
973.03 (1) for similar provision.
302.35
302.35
Removal of prisoners in emergency. In an emergency and for the safety of prisoners in any jail, the sheriff or other keeper may remove them to a place of safety and there confine them so long as necessary. If any county jail is destroyed or is insecure for keeping prisoners, the sheriff may remove them to some other county jail, where they shall be received and kept as if committed thereto, but at the expense of the county from which they were removed. An indorsement on the commitment of a prisoner, made by the sheriff in charge of such prisoner, directed to the sheriff of another county, shall be authority for the latter to hold the prisoner.
302.35 History
History: 1989 a. 31 s.
1650; Stats. 1989 s. 302.35.
302.36
302.36
Segregation of prisoners. 302.36(1)
(1) All jails shall be provided with suitable wards or buildings or cells in the case of jail extensions under
s. 59.54 (14) (g) for the separation of criminals from noncriminals; persons of different sexes; and persons alleged to be mentally ill. All prisoners shall be kept segregated accordingly.
302.36(2)
(2) Notwithstanding
sub. (1), the sheriff, jailer or keeper may permit prisoners of different sexes to participate together in treatment or in educational, vocational, religious or athletic activities or to eat together, under such supervision as the sheriff, jailer or keeper deems necessary.
302.36 History
History: 1977 c. 7;
1983 a. 185;
1989 a. 31 s.
1651; Stats. 1989 s. 302.36;
1995 a. 201.
302.365
302.365
Jail and house of correction program standards. 302.365(1)(1)
Standards. The department shall establish, by rule, program standards for jails and houses of correction. The standards shall require all of the following:
302.365(1)(a)
(a)
Policy and procedure manual. That the sheriff or other keeper of a jail or house of correction develop a written policy and procedure manual for the operation of the jail or house of correction which reflects the jail's or house of correction's physical characteristics, the number and types of prisoners in the jail or house of correction and the availability of outside resources to the jail or house of correction. The manual shall include all of the following:
302.365(1)(a)1.
1. Policies and procedures for screening prisoners for medical illnesses or disabilities, mental illnesses, developmental disabilities and alcohol or other drug abuse problems. The rules shall establish functional objectives for screening but may not require jails or houses of correction to use only one particular method to meet the objectives. The policies and procedures shall include the use of outside resources, such as county mental health staff or hospital resources, and shall include agreements with these resources, as appropriate, to ensure adequate services to prisoners identified as needing services.
302.365(1)(a)2.
2. Identification of the facilities and programs, including outside facilities and programs, that will be provided for long-term prisoners, including prisoners who are charged with a crime and detained prior to trial and prisoners who are sentenced to jail or a house of correction. The rules shall establish functional objectives for programs for these prisoners but may not require counties to use only one particular method of providing programs for these prisoners.
302.365(1)(a)3.
3. Policies and procedures for providing educational programming for prisoners under 18 years of age. The rules shall establish functional objectives for educational programming for those prisoners, but may not require jails or houses of correction to use only one particular method to meet the objectives.
302.365(1)(b)
(b)
Crisis intervention services. That the sheriff or other keeper of the jail or house of correction ensure that the jail or house of correction has available emergency services for crisis intervention for prisoners with medical illnesses or disabilities, mental illnesses, developmental disabilities or alcohol or other drug abuse problems.
302.365(2)
(2) Approval of policy and procedure manual. The sheriff or other keeper of a jail or house of correction shall submit, no later than December 31, 1990, a policy and procedure manual developed under
sub. (1) (a) to the department for approval, as provided by the department by rule. Thereafter, the sheriff or other keeper of a jail or house of correction shall submit any substantive changes to the manual to the department for approval, as provided by the department by rule. The department shall approve or disapprove the manual or any changes made in the manual, in writing, within 90 days after submission of the manual. If the department disapproves the manual or any changes to a manual, it shall include in the written disapproval a statement of the reasons for the disapproval. Within 60 days after disapproval, the sheriff or other keeper of the jail or house of correction shall modify the manual and resubmit it to the department for approval.
302.365(3)
(3) Consultation in rule development. In developing rules under this section, the department shall consult with the department of justice.
302.365 History
History: 1987 a. 394;
1989 a. 31 s.
1652; Stats. 1989 s. 302.365;
1989 a. 92;
1995 a. 352.
302.365 Note
NOTE: 1987 Wis. Act 394 s.
15, which created this section contains explanatory notes.
302.37
302.37
Maintenance of jail and care of prisoners. 302.37(1)(a)
(a) The sheriff or other keeper of a jail shall constantly keep it clean and in a healthful condition and pay strict attention to the personal cleanliness of the prisoners and shall cause the clothing of each prisoner to be properly laundered. The sheriff or keeper shall furnish each prisoner with clean water, towels and bedding. The sheriff or keeper shall serve each prisoner 3 times daily with enough well-cooked, wholesome food. The county board shall prescribe an adequate diet for the prisoners in the county jail.
302.37(1)(b)
(b) The keeper of a lockup facility shall constantly keep it clean and in a healthful condition and pay strict attention to the personal cleanliness of the prisoners. The keeper shall serve each prisoner with clean water, towels and food.
302.37(2)
(2) Neither the sheriff or other keeper of any jail nor any other person shall give, sell or deliver to any prisoner for any cause whatever any alcohol beverages unless a physician certifies in writing that the health of the prisoner requires it, in which case the prisoner may be allowed the quantity prescribed.
302.37(3)(a)(a) The county or municipality shall furnish its jail with necessary bedding, clothing, toilet facilities, light and heat for prisoners.
302.37(3)(b)
(b) The owner of a lockup facility shall furnish toilet facilities, light and heat for prisoners.
302.37(4)
(4) The sheriff or other keeper of a jail may use without compensation the labor of any prisoner sentenced to actual confinement in the county jail or, with the prisoner's consent, any other prisoner in the maintaining of and the housekeeping of the jail, including the property on which it stands. Any prisoner who escapes while working on the grounds outside the jail enclosure shall be punished as provided in
s. 946.42.
302.372
302.372
Prisoner reimbursement to a county. 302.372(1)(b)
(b) "Jailer" includes a sheriff, superintendent or other keeper of a jail.
302.372(2)
(2) Reimbursement of expenses; county option. 302.372(2)(a)(a) Except as provided in
pars. (c) and
(d), a county may seek reimbursement for any expenses incurred by the county in relation to the crime for which a person was sentenced to a county jail, or for which the person was placed on probation and confined in jail, as follows:
302.372(2)(a)1.
1. From each person who is or was a prisoner, not more than the actual per-day cost of maintaining that prisoner, as set by the county board by ordinance, for the entire period of time that the person is or was confined in the jail, including any period of pretrial detention.
302.372(2)(a)3.
3. Any other expenses incurred by the county in order to collect payments under this section.
302.372(2)(b)
(b) Before seeking any reimbursement under this section, the county shall provide a form to be used for determining the financial status of prisoners. The form shall provide for obtaining the social security number of the prisoner, the age and marital status of a prisoner, the number and ages of children of a prisoner, the number and ages of other dependents of a prisoner, the income of a prisoner, type and value of real estate owned by a prisoner, type and value of personal property owned by a prisoner, the prisoner's cash and financial institution accounts, type and value of the prisoner's investments, pensions and annuities and any other personalty of significant cash value owned by a prisoner. The county shall use the form whenever investigating the financial status of prisoners. The information on a completed form is confidential and not open to public inspection or copying under
s. 19.35 (1), except that the county shall provide the name and address of an individual, the name and address of the individual's employer and financial information related to the individual from a form completed under this paragraph in response to a request for information under
s. 49.22 (2m) made by the department of workforce development or a county child support agency under
s. 59.53 (5).
302.372(2)(c)
(c) This section applies to expenses incurred on or after May 9, 1996.
302.372(2)(d)
(d) The jailer shall choose, for each prisoner, whether to seek reimbursement under this section or as otherwise provided in
chs. 301 to
303, but may not collect for the same expenses twice. The jailer may choose to seek reimbursement for the expenses under
sub. (2) (a) using the method under
sub. (5), the method under
sub. (6) or a combination of both methods, but may not seek reimbursement for the same expenses twice.
302.372(3)
(3) List of prisoners; information; reports. Upon request of the district attorney or the corporation counsel for the county, the jailer shall provide the district attorney or corporation counsel with a list containing the name of each sentenced prisoner or prisoner confined as a condition of probation, the term of sentence or confinement, and the date of admission, together with information regarding the financial status of each prisoner to enable the county to obtain reimbursement under this section.
302.372(4)
(4) Prisoner cooperation. A prisoner in a jail shall cooperate with the county in seeking reimbursement under this section for expenses incurred by the county for that prisoner. A prisoner who intentionally refuses to cooperate under this subsection may not earn good time credit under
s. 302.43 or diminution of sentence under
s. 303.19 (3). If the prisoner is confined as a condition of probation, refusal to cooperate is a ground for revocation of probation.
302.372(5)
(5) Charge to obtain reimbursement. The jailer may charge a prisoner for the expenses under
sub. (2) (a) while he or she is a prisoner. If the jailer maintains an institutional account for a prisoner's use for payment for items from canteen, vending or similar services, the jailer may make deductions from the account to pay for the expenses under
sub. (2) (a). Any money collected under this subsection shall be deposited in the county treasury.
302.372(6)(a)(a) Within 12 months after the release of a prisoner from jail, the county where the jail is located shall commence a civil action in circuit court to obtain a judgment for the expenses under
sub. (2) (a) or be barred. The jailer shall provide any assistance that the county requests related to an action under this subsection.
302.372(6)(b)
(b) An action commenced under this subsection shall be commenced in the county where the jail is located or in the county where the defendant resides.
302.372(6)(c)
(c) The complaint in an action commenced under this subsection shall include the date and place of the sentence, the length of time of the sentence, the length of time actually served in the jail and the amount of expenses incurred by the county under
sub. (2) (a).
302.372(6)(d)
(d) Before entering a judgment for the county, the court shall consider any legal obligations of the defendant for support or maintenance under
ch. 767 and any moral obligation of the defendant to support dependants and may reduce the amount of the judgment entered for the county based on those obligations.
302.372(6)(e)
(e) Any money obtained as the result of an action commenced under this subsection shall be deposited in the county treasury.
302.372 History
History: 1995 a. 281;
1997 a. 191.
302.375
302.375
Restrictions on liquor and dangerous drugs; placement of prisoners. 302.375(1)
(1) Any sheriff, jailer or keeper of any prison, jail or house of correction or any other person who does any of the following with respect to a prisoner within the precincts of any prison, jail or house of correction shall be fined not more than $10,000 or imprisoned not more than 9 months or both:
302.375(1)(a)
(a) Sells, gives or delivers any intoxicating liquor to the prisoner.
302.375(1)(b)
(b) Wilfully permits a prisoner to have any controlled substance, controlled substance analog or intoxicating liquor.
302.375(1)(c)
(c) Has within his or her possession in the prison, jail or house of correction any intoxicating liquor, with intent to sell, give or deliver the liquor to the prisoner.
302.375(2)
(2) Any prisoner who uses intoxicating liquor in violation of
s. 302.37 (2) shall be fined not more than $10,000 or imprisoned for not more than 9 months or both.
302.375(3)(a)(a) Any sheriff, jailer or keeper of any prison, jail or house of correction or any other person who places, keeps together or knowingly permits to be kept together prisoners of different sexes within the precincts of any prison, jail or house of correction shall be fined not more than $500 or imprisoned not more than 6 months or both.
302.375(3)(b)
(b) Notwithstanding
par. (a), the sheriff, jailer or keeper may permit prisoners of different sexes to participate together in treatment or in educational, vocational, religious or athletic activities or to eat together, under such supervision as the sheriff, jailer or keeper deems necessary.
302.375(4)(b)
(b) "Precinct" means a place where any activity is conducted by the prison, jail or house of correction.
302.375 History
History: 1977 c. 337;
1979 c. 116;
1983 a. 185;
1989 a. 31 s.
1654; Stats. 1989 s. 302.375;
1995 a. 448.
302.38
302.38
Medical care of prisoners. 302.38(1)
(1) If a prisoner needs medical or hospital care or is intoxicated or incapacitated by alcohol the sheriff, superintendent or other keeper of the jail or house of correction shall provide appropriate care or treatment and may transfer the prisoner to a hospital or to an approved treatment facility under
s. 51.45 (2) (b) and
(c), making provision for the security of the prisoner. The sheriff, superintendent or other keeper may provide appropriate care or treatment under this subsection for a prisoner under 18 years of age and may transfer a prisoner under 18 years of age under this subsection without obtaining the consent of the prisoner's parent, guardian or legal custodian. The sheriff, superintendent or other keeper may charge a prisoner for the costs of providing medical care to the prisoner while he or she is in the jail or house of correction. If the sheriff or other keeper maintains a personal money account for an inmate's use for payment for items from canteen, vending or similar services, the sheriff or other keeper may make deductions from the account to pay for the charges under this subsection.
302.38(2)
(2) The prisoner is liable for the costs of medical and hospital care outside of the jail or house of correction. If the prisoner is unable to pay the costs, the county shall pay the costs in the case of persons held under the state criminal laws or for contempt of court and, except as provided in
s. 302.336 (2) and
(3) (b), a municipality shall pay the costs in the case of persons held under municipal ordinance by the municipality.
302.38(3)
(3) The maximum amount that a governmental unit may pay for the costs of medical or hospital care under this section is limited for that care to the amount payable by medical assistance under
subch. IV of ch. 49, except
s. 49.468, for care for which a medical assistance rate exists. No provider of medical or hospital care may bill a prisoner under
sub. (1) for the cost of care exceeding the amount paid under this subsection by the governmental unit. If no medical assistance rate exists for the care provided, there is no limitation under this subsection.
302.38(4)
(4) The governmental unit paying the costs of medical or hospital care under this section, regardless of whether the care is provided in or out of the jail or house of correction, may collect the value of the same from the prisoner or the prisoner's estate. If applicable, the governmental unit may proceed to collect under this section or may seek reimbursement under
s. 302.372, but may not collect for the same expenses twice.
302.38(5)
(5) This section does not require the sheriff, superintendent or keeper of the jail or house of correction to provide or arrange for the provision of appropriate care or treatment if the prisoner refuses appropriate care or treatment.
302.38 Annotation
Appropriate medical care for prisoners is mandatory under this section, but sheriffs have the discretion as to how to provide that care. Swatek v. Dane County, 192 W (2d) 47, 531 NW (2d) 45 (1995).
302.38 Annotation
Sub. (1) does not confer a constitutionally protected substantive property right in an inmate's prescription medication. An inmate denied medication need not have been afforded procedural due process either before or after the deprivation. Ledford v. Sullivan, 105 F (3d) 354 (1997).
302.38 Annotation
See note to 49.02, citing 67 Atty. Gen. 245.
302.38 Annotation
See note to 49.02, citing 69 Atty. Gen. 230.
302.381
302.381
Emergency services for crisis intervention for prisoners. The costs of providing emergency services for crisis intervention for prisoners of a jail or house of correction with medical illnesses or disabilities, mental illnesses, developmental disabilities or alcohol or other drug abuse problems are payable according to the criteria under
s. 302.38 (2). If applicable, a county may seek payment under this section or seek reimbursement under
s. 302.372, but may not collect for the same expenses twice.
302.381 History
History: 1987 a. 394;
1989 a. 31 s.
1657; Stats. 1989 s. 302.381;
1995 a. 281.
302.383
302.383
Mental health treatment of prisoners. 302.383(1)
(1) Prior to filing a petition for commitment of a prisoner under
s. 51.20 (1) (av), the sheriff or other keeper of a jail or house of correction shall do all of the following:
302.383(1)(a)
(a) Attempt to use less restrictive forms of treatment with the prisoner. Less restrictive forms of treatment shall include, but are not limited to, voluntary treatment within the county jail or house of correction or voluntary transfer to a state or county treatment facility.
