Effective date note
NOTE: Subd. 1. is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
1. Notwithstanding pars. (a), (b) and (bm), the department shall transfer funds from the appropriation under s. 20.410 (3) (cg) to the appropriations under s. 20.410 (3) (hm), (ho) and (hr) for the purpose of reimbursing secured correctional facilities, secured child caring institutions, alternate care providers, aftercare supervision providers and corrective sanctions supervision providers for costs incurred beginning on July 1, 1996, for the care of any juvenile 14 years of age or over who has been placed in a secured correctional facility based on a delinquent act that is a violation of s. 939.31, 939.32 (1) (a), 940.03, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1), 948.025, 948.30 (2), 948.35 (1) (b) or 948.36 and for the care of any juvenile 10 years of age or over who has been placed in a secured correctional facility or secured child caring institution for attempting or committing a violation of s. 940.01 or for committing a violation of s. 940.02 or 940.05.
301.26(4)(cm)2.
2. Notwithstanding
pars. (a),
(b) and
(bm), the department shall transfer funds from the appropriation under
s. 20.410 (3) (cg) to the appropriations under
s. 20.410 (3) (hm),
(ho) and
(hr) for the purpose of reimbursing secured correctional facilities, secured child caring institutions, alternate care providers, aftercare supervision providers and corrective sanctions supervision providers for costs incurred beginning on July 1, 1996, for the care of any juvenile 14 years of age or over and under 18 years of age who has been placed in a secured correctional facility under
s. 48.366 based on a delinquent act that is a violation of
s. 940.01,
940.02,
940.05 or
940.225 (1).
301.26(4)(cm)3.
3. The per person daily reimbursement rate for juvenile correctional services under this paragraph shall be equal to the per person daily cost assessment to counties under
par. (d) 2. and
3. for juvenile correctional services.
301.26(4)(d)1.1. Except as provided in
pars. (e) to
(g), for services under
s. 938.34, all payments and deductions made under this subsection and uniform fee collections made under
s. 301.03 (18) shall be credited to the appropriation account under
s. 20.410 (3) (hm).
301.26(4)(d)2.
2. Beginning on July 1, 2001, and ending on June 30, 2002, the per person daily cost assessment to counties shall be $167.57 for care in a Type 1 secured correctional facility, as defined in
s. 938.02 (19), $167.57 for care for juveniles transferred from a juvenile correctional institution under
s. 51.35 (3), $213 for care in a residential care center for children and youth, $129 for care in a group home for children, $41 for care in a foster home, $81 for care in a treatment foster home, $82.56 for departmental corrective sanctions services, and $21.96 for departmental aftercare services.
301.26(4)(d)3.
3. Beginning on July 1, 2002, and ending on June 30, 2003, the per person daily cost assessment to counties shall be $172.51 for care in a Type 1 secured correctional facility, as defined in
s. 938.02 (19), $172.51 for care for juveniles transferred from a juvenile correctional institution under
s. 51.35 (3), $226 for care in a residential care center for children and youth, $135 for care in a group home for children, $43 for care in a foster home, $85 for care in a treatment foster home, $84.50 for departmental corrective sanctions services and $22.66 for departmental aftercare services.
301.26(4)(eg)
(eg) For corrective sanctions services under
s. 938.533 (2), all payments and deductions made under this subsection and uniform fee collections under
s. 301.03 (18) shall be credited to the appropriation account under
s. 20.410 (3) (hr).
301.26(4)(f)
(f) For services under
s. 51.35 (3), payments made under
par. (d) for services to juveniles who are ineligible for medical assistance under
subch. IV of ch. 49 and uniform fee collections under
s. 46.03 (18) shall be deposited in the appropriation under
s. 20.435 (2) (gk) and all other payments made under this subsection shall be deposited in the general fund and treated as a nonappropriated receipt.
301.26(4)(g)
(g) For juvenile field and institutional aftercare services under
ch. 938 and for the office of juvenile offender review, all payments and deductions made under this subsection and uniform fee collections under
s. 301.03 (18) shall be credited to the appropriation account under
s. 20.410 (3) (hm).
301.26(6)(a)(a) The intent of this subsection is to develop criteria to assist the legislature in allocating funding, excluding funding for base allocations, from the appropriations under
s. 20.410 (3) (cd) and
(ko) for purposes described in this section.
301.26(6)(b)
(b) The department shall submit recommendations to the joint committee on finance regarding performance standards criteria to be used to determine whether counties are successfully diverting juveniles from juvenile correctional institutions and into less restrictive community programs and are successfully rehabilitating children adjudged delinquent on or before December 31, 1987. Beginning on January 1, 1988, counties shall provide information requested by the department in order to apply the criteria and assess performances.
301.26(7)
(7) Allocations of funds. Within the limits of the availability of federal funds and of the appropriations under
s. 20.410 (3) (cd) and
(ko), the department shall allocate funds for community youth and family aids for the period beginning on July 1, 2001, and ending on June 30, 2003, as provided in this subsection to county departments under
ss. 46.215,
46.22 and
46.23 as follows:
301.26(7)(a)
(a) For community youth and family aids under this section, amounts not to exceed $43,615,200 for the last 6 months of 2001, $87,760,300 for 2002, and $44,145,100 for the first 6 months of 2003.
301.26(7)(b)
(b) Of the amounts specified in
par. (a), the department shall allocate $2,000,000 for the last 6 months of 2001, $4,000,000 for 2002, and $2,000,000 for the first 6 months of 2003 to counties based on each of the following factors weighted equally:
301.26(7)(b)1.
1. Each county's proportion of the total statewide juvenile population for the most recent year for which that information is available.
301.26(7)(b)2.
2. 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 3-year period for which that information is available.
301.26(7)(b)3.
3. Each county's proportion of the number of juveniles statewide who are placed in a secured correctional facility, a secured child caring institution or a secured group home during the most recent 3-year period for which that information is available.
301.26(7)(c)
(c) Of the amounts specified in
par. (a), the department shall allocate $523,300 for the last 6 months of 2001, $1,576,600 for 2002, and $1,053,300 for the first 6 months of 2003 to counties based on each of the factors specified in
par. (b) 1. to
3. weighted equally, except that no county may receive an allocation under this paragraph that is less than 93% nor more than 115% of the amount that the county would have received under this paragraph if the allocation had been distributed only on the basis of the factor specified in
par. (b) 3.
301.26(7)(e)
(e) For emergencies related to community youth and family aids under this section, amounts not to exceed $125,000 for the last 6 months of 2001, $250,000 for 2002 and $125,000 for the first 6 months of 2003. A county is eligible for payments under this paragraph only if it has a population of not more than 45,000.
301.26(7)(h)
(h) For counties that are participating in the corrective sanctions program under
s. 938.533 (2), $1,062,400 in the last 6 months of 2001, $2,124,800 in 2002 and $1,062,400 in the first 6 months of 2003 for the provision of corrective sanctions services for juveniles from that county. In distributing funds to counties under this paragraph, the department shall determine a county's distribution by dividing the amount allocated under this paragraph by the number of slots authorized for the program under
s. 938.533 (2) and multiplying the quotient by the number of slots allocated to that county by agreement between the department and the county. The department may transfer funds among counties as necessary to distribute funds based on the number of slots allocated to each county.
301.26(8)
(8) Alcohol and other drug abuse treatment. From the amount of the allocations specified in
sub. (7) (a), the department shall allocate $666,700 in the last 6 months of 2001, $1,333,400 in 2002 and $666,700 in the first 6 months of 2003 for alcohol and other drug abuse treatment programs.
301.26 History
History: 1995 a. 27 ss.
6363p,
9126 (19);
1995 a. 77,
352,
416,
417;
1997 a. 27,
35,
237,
252;
1999 a. 9,
32;
2001 a. 16,
59,
109.
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 secured correctional facility, a secured child caring institution or a secured group home 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;
1999 a. 9.
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 employees of the state correctional institutions and members of the employee'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 $100,000 in any of the state institutions administered by the department, for the education, recreation and convenience of the patients, inmates and employees, 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 employees 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 employees; police powers; investigation of complaints. 301.29(2)(2) The superintendents of all the state correctional institutions, and the employees 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 employees of the institutions. For that purpose, the secretary and such officers and employees 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, employee or subordinate of an institution shall be immediately forwarded unopened to the addressee.
301.29 History
History: 1989 a. 31;
1997 a. 289.
301.295
301.295
Recruitment of department employees. The department may not use billboards or similar structures to recruit its employees.
301.295 History
History: 2001 a. 16.
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 employee 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)
(3) Property delivered to employee. 301.32(3)(a)(a) All money or other property paid or delivered to a probation, extended supervision and parole agent or other employee 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 Cross-reference
Cross Reference: See also ch.
DOC 309, Wis. adm. code.
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 employees 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 (1972).
