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:
302.386(2)(b)3.
3. Benefits from the state department of veterans affairs or the federal department of veterans affairs.
302.386(2m)
(2m) The department shall collect moneys under
sub. (2) for medical and dental services furnished to residents under
sub. (1) and credit those moneys to the appropriation account under
s. 20.410 (1) (gi).
302.386(3)(a)(a) Except as provided in
par. (b), the department may require a resident housed in a prison identified in
s. 302.01 or in a secured correctional facility as defined in
s. 938.02 (15m) who earns wages during residency and who receives medical or dental services to pay a deductible, coinsurance, copayment or similar charge upon the medical or dental service that he or she receives. The department shall collect the allowable deductible, coinsurance, copayment or similar charge.
302.386(3)(b)
(b) If the resident under
par. (a) requests the medical services or dental services, the department shall require the resident to pay the deductible, coinsurance, copayment or similar charge. The department may not charge the person less than $2.50 for each request. The requirements under this paragraph are subject to the exception and waiver provisions under
par. (c).
302.386(3)(c)
(c) No provider of services may deny care or services because the resident is unable to pay the applicable deductible, coinsurance, copayment or similar charge, but an inability to pay these charges does not relieve the resident of liability for the charges unless the department excepts or waives the liability under criteria that the department shall establish by rule.
302.386(3)(d)
(d) The department shall credit all moneys that it collects under this subsection to the appropriation account under
s. 20.410 (1) (gi).
302.386(4)
(4) The department shall promulgate rules to establish all of the following:
302.386(4)(a)
(a) The specific medical or dental services on which a deductible, coinsurance, copayment or similar charge may be imposed under
sub. (3) (a) or must be imposed under
sub. (3) (b).
302.386(4)(b)
(b) The amounts of deductibles, coinsurances, copayments or similar charges for the medical or dental services under
par. (a).
302.386(5)
(5) The state is not required to provide medical or dental services to any of the following:
302.386(5)(b)
(b) Any participant in the intensive sanctions program under
s. 301.048 unless he or she is imprisoned in a Type 1 prison other than the institution authorized in
s. 301.046 (1).
302.386(5)(c)
(c) Any participant in the corrective sanctions program under
s. 938.533 unless he or she is placed in a Type 1 secured correctional facility, as defined in
s. 938.02 (19).
302.386(5)(d)
(d) Any participant in the serious juvenile offender program under
s. 938.538 unless he or she is placed in a Type 1 secured correctional facility, as defined in
s. 938.02 (19), or in a Type 1 prison other than the institution authorized under
s. 301.046 (1).
302.386(6)
(6) The department may collect a deductible, coinsurance, copayment or similar charge under this section or the department or the attorney general may collect under
s. 301.325, but the state may not collect for the same expense twice.
302.386 History
History: 1985 a. 29;
1989 a. 31 ss.
1661,
1662; Stats. 1989 s. 302.386;
1991 a. 39;
1995 a. 27,
77.
302.388
302.388
Prisoner medical records. 302.388(1)(c)
(c) "Jailer" means the sheriff, superintendent or other keeper of a jail.
302.388(1)(d)
(d) "Medical staff" means health care providers employed by the department or a jail.
302.388(1)(f)
(f) "Prisoner" means any person who is either arrested, incarcerated, imprisoned or otherwise detained in a jail or prison but does not include any of the following:
302.388(1)(g)
(g) "Receiving institution intake staff" means the warden or superintendent or his or her designee, if a prisoner is transferred to a prison, or the jailer or his or her designee, if a prisoner is transferred to a jail.
302.388(2)(a)(a) The department shall provide each jailer a standardized form for recording the medical conditions and history of prisoners being transferred to the department or another county's jail. Except as provided in
pars. (b) and
(bm), jail medical staff shall complete the form and provide it to the receiving institution intake staff at the time of each such transfer.
302.388(2)(b)
(b) If the jail does not have medical staff on duty at the time of a transfer, the jailer or his or her designee shall complete as much of the form as possible and provide it to the receiving institution intake staff at the time of the transfer. The jailer shall ensure that all of the following occur within 24 hours after the transfer:
302.388(2)(b)1.
1. The jail medical staff, the prisoner's health care provider or, if the prisoner does not have a health care provider, a health care provider under contract with the jail reviews the form provided to the receiving institution at the time of the transfer.
302.388(2)(b)2.
2. The medical staff or health care provider reviewing the form corrects any errors in the form and includes in it any additional available information.
302.388(2)(b)3.
3. The medical staff or health care provider reviewing the form transmits the updated form or the information included on the form by the quickest available means to the receiving institution intake staff.
302.388(2)(bm)
(bm) Jail medical staff need not complete the form if the jailer or his or her designee provides a copy of the prisoner's complete medical file to the receiving institution intake staff at the time of the transfer.
302.388(2)(c)
(c) Except as provided in
pars. (d) and
(e), the department shall complete the form described in
par. (a) for each prisoner whom the department transfers to a jail and shall provide it to the receiving institution intake staff at the time of the transfer.
302.388(2)(d)
(d) If the prison does not have medical staff on duty at the time of a transfer, the warden or superintendent or his or her designee shall complete as much of the form as possible and provide it to the receiving institution intake staff at the time of the transfer. The department shall ensure that all of the following occur within 24 hours after the transfer, unless the prisoner returns to the prison within that time:
302.388(2)(d)1.
1. The prison medical staff, the prisoner's health care provider or, if the prisoner does not have a health care provider, a health care provider under contract with the department reviews the form provided to the receiving institution at the time of the transfer.
302.388(2)(d)2.
2. The medical staff or health care provider reviewing the form corrects any errors in the form and includes in it any additional available information.
302.388(2)(d)3.
3. The medical staff or health care provider reviewing the form transmits the updated form or the information included on the form by the quickest available means to the receiving institution intake staff.
