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 dependents 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.
302.375
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 Wis. 2d 47,
531 N.W.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).
302.381
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.
302.383(1)(b)
(b) Ensure that the prisoner has been fully informed about his or her treatment needs, the mental health services available to him or her and his or her rights under
ch. 51, and ensure that the prisoner has had an opportunity to discuss his or her needs, the services available to him or her and his or her rights with a licensed physician, licensed psychologist or other mental health professional.
302.383(2)
(2) On or before January 30 annually, the sheriff or other keeper of a jail or house of correction shall report to the department on all of the following for the previous calendar year:
302.383(2)(a)
(a) The number of prisoners from the jail or house of correction who were transferred to a state treatment facility and the number who were transferred to a county treatment facility under each of the following:
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 standards of any professional organization that establishes standards for health services in prisons and that is recognized by the department.
302.385 History
History: 1979 c. 221;
1983 a. 27;
1989 a. 31 s.
1660; Stats. 1989 s. 302.385;
1997 a. 289.
302.385 Annotation
This section 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).
302.386
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 employees 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:
