302.02 Annotation
Under s. 801.50 (3), a prisoner's civil action against a superintendent was properly venued in Dane County. Irby v. Young,
139 Wis. 2d 279,
407 N.W.2d 314 (Ct. App. 1987).
302.02 Annotation
Although review of disciplinary proceedings conducted by a private, out-of-state, contract prison may proceed in the state where the prison is located, when disciplined inmates were returned to Wisconsin and Tennessee courts refused to review the cases, because no statute allowed judicial review of prison disciplinary decisions applied to the inmates, Wisconsin courts could review the disciplinary decisions by certiorari. State ex rel. Curtis v. Litscher, 2002 WI App 172,___ Wis. 2d ___, ___ N.W.2d ___.
302.025
302.025
Service of process on prison officers, employees, or inmates. 302.025(1)
(1) 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.
302.025(2)
(2) Except as provided in
sub. (1), service of process within any prison under
s. 302.01 on any officer, employee, or inmate of the prison shall be made by the warden or superintendent or some person appointed by the warden or superintendent to serve process.
302.025 History
History: 2001 a. 103 s.
262.
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.
302.04 Cross-reference
Cross Reference: See also ch.
DOC 303, Wis. adm. code.
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 serving a sentence other than one imposed under
s. 973.01 has successfully completed the challenge incarceration program, the parole commission shall parole the inmate for that sentence under
s. 304.06, regardless of the time the inmate has served. 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).
302.045 Annotation
While an offender must meet the eligibility requirements of sub. (2) to participate in the challenge incarceration program, the trial court must, pursuant to s. 973.01 (3m), also determine if the offender is eligible for the program, in the exercise of its sentencing discretion. State v. Steele, 2001 WI App 160,
246 Wis. 2d 744,
632 N.W.2d 112.
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 are 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 Cross-reference
Cross Reference: See also chs.
DOC 303,
306,
308,
309, and
311, Wis. adm. code.
302.07 Annotation
Because administrative segregation is the type of confinement inmates should reasonably anticipate, they have no liberty interest protected by the due process clause in not being placed in administrative segregation. The same applies to adjustment or program segregation. Kirsch v. Endicott,
201 Wis. 2d 705,
549 N.W.2d 761 (Ct. App. 1996).
302.07 Annotation
State traffic patrol officers may act as peace officers during a prison riot or other disturbance even when this occurs during a strike of prison guards; they may not, however, perform other duties of guards. 68 Atty. Gen. 104.
302.07 Annotation
Correctional staff have the authority of peace officers in pursuing and capturing escaped inmates. 68 Atty. Gen. 352.
302.08
302.08
Humane treatment and punishment. The wardens and the superintendents and all prison officials shall uniformly treat the inmates with kindness. There shall be no corporal or other painful and unusual punishment inflicted upon inmates.
302.08 History
History: 1989 a. 31 s.
1625; Stats. 1989 s. 302.08.
302.08 Cross-reference
Cross Reference: See also chs.
DOC 303,
308,
309, and
311, Wis. adm. code.
302.08 Annotation
Lawfully incarcerated persons retain only a narrow range of protected liberty interests. Hewitt v. Helms,
459 U.S. 460 (1983).
302.09
302.09
Labor and communications. Inmates shall be employed as provided in
ch. 303. Communication shall not be allowed between inmates and any person outside the prison except as prescribed by the prison regulations.
302.09 History
History: 1989 a. 31 s.
1626; Stats. s. 302.09.
302.09 Cross-reference
Cross Reference: See also s.
DOC 313.02, Wis. adm. code.
302.09 Annotation
The department may be required to justify a refusal to allow a prisoner to write the Veterans Administration concerning the adequacy of his medical treatment. State ex rel. Thomas v. State,
55 Wis. 2d 343,
198 N.W.2d 675 (1972).
302.095
302.095
Delivering articles to inmate. 302.095(1)
(1) In this section, "jail" means any of the following:
302.095(2)
(2) Any officer or other person who delivers or procures to be delivered or has in his or her possession with intent to deliver to any inmate confined in a jail or state prison, or who deposits or conceals in or about a jail or prison, or the precincts of a jail or prison, or in any vehicle going into the premises belonging to a jail or prison, any article or thing whatever, with intent that any inmate confined in the jail or prison shall obtain or receive the same, or who receives from any inmate any article or thing whatever with intent to convey the same out of a jail or prison, contrary to the rules or regulations and without the knowledge or permission of the sheriff or other keeper of the jail, in the case of a jail, or of the warden or superintendent of the prison, in the case of a prison, is guilty of a Class I felony.
Effective date note
NOTE: Sub. (2) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(2) Any officer or other person who delivers or procures to be delivered or has in his or her possession with intent to deliver to any inmate confined in a jail or state prison, or who deposits or conceals in or about a jail or prison, or the precincts of a jail or prison, or in any vehicle going into the premises belonging to a jail or prison, any article or thing whatever, with intent that any inmate confined in the jail or prison shall obtain or receive the same, or who receives from any inmate any article or thing whatever with intent to convey the same out of a jail or prison, contrary to the rules or regulations and without the knowledge or permission of the sheriff or other keeper of the jail, in the case of a jail, or of the warden or superintendent of the prison, in the case of a prison, shall be imprisoned for not more than 3 years or fined not more than $500.
302.10
302.10
Solitary confinement. For violation of the rules of the prison an inmate may be confined to a solitary cell, under the care and advice of the physician.
302.10 History
History: 1989 a. 31 s.
1628; Stats. s. 302.10.
302.105
302.105
Notification prior to expiration of sentence. 302.105(1)(a)
(a) "Member of the family" means spouse, child, sibling, parent or legal guardian.
302.105(1)(b)
(b) "Victim" means a person against whom a crime has been committed.
302.105(2)
(2) Before an inmate who is in a prison serving a sentence for a violation of
s. 940.01,
940.03,
940.05,
940.225 (1) or
(2),
948.02 (1) or
(2),
948.025,
948.06 or
948.07 is released from imprisonment because he or she has reached the expiration date of his or her sentence, the department shall make a reasonable attempt to notify all of the following persons, if they can be found, in accordance with
sub. (3) and after receiving a completed card under
sub. (4):
302.105(2)(a)
(a) The victim of the crime committed by the inmate or, if the victim died as a result of the crime, an adult member of the victim's family or, if the victim is younger than 18 years old, the victim's parent or legal guardian.
302.105(2)(b)
(b) Any witness who testified against the inmate in any court proceeding involving the offense.
302.105(3)
(3) The department shall make a reasonable effort to send the notice, postmarked at least 7 days before an inmate's sentence expires and he or she is released from imprisonment, to the last-known address of the persons under
sub. (2).
302.105(4)
(4) The department shall design and prepare cards for any person specified in
sub. (2) to send to the department. The cards shall have space for any such person to provide his or her name and address, the name of the applicable inmate and any other information the department determines is necessary. The department shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to persons specified in
sub. (2). These persons may send completed cards to the department. All department records or portions of records that relate to mailing addresses of these persons are not subject to inspection or copying under
s. 19.35 (1).
302.105 History
History: 1993 a. 479;
1997 a. 181;
2001 a. 16 s.
3385g; Stats. 2001 s. 302.105.
302.11
302.11
Mandatory release. 302.11(1)(1) The warden or superintendent shall keep a record of the conduct of each inmate, specifying each infraction of the rules. Except as provided in
subs. (1g),
(1m),
(1q),
(1z),
(7) and
(10), each inmate is entitled to mandatory release on parole by the department. The mandatory release date is established at two-thirds of the sentence. Any calculations under this subsection or
sub. (1q) (b) or
(2) (b) resulting in fractions of a day shall be rounded in the inmate's favor to a whole day.
302.11(1g)(a)(a) In this subsection, "serious felony" means any of the following:
302.11(1g)(a)2.
2. Any felony under s.
940.09 (1), 1999 stats., s.
943.23 (1m), 1999 stats., s.
948.35 (1) (b) or
(c), 1999 stats., or s.
948.36, 1999 stats., or
s. 940.02,
940.03,
940.05,
940.09 (1c),
940.19 (5),
940.195 (5),
940.21,
940.225 (1) or
(2),
940.305 (2),
940.31 (1) or
(2) (b),
943.02,
943.10 (2),
943.23 (1g),
943.32 (2),
946.43 (1m),
948.02 (1) or
(2),
948.025,
948.03 (2) (a) or
(c),
948.05,
948.06,
948.07,
948.08, or
948.30 (2).
Effective date note
NOTE: Subd. 2. is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
2. Any felony under s. 940.02, 940.03, 940.05, 940.09 (1), 940.19 (5), 940.195 (5), 940.21, 940.225 (1) or (2), 940.305 (2), 940.31 (1) or (2) (b), 943.02, 943.10 (2), 943.23 (1g) or (1m), 943.32 (2), 946.43 (1m), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.06, 948.07, 948.08, 948.30 (2), 948.35 (1) (b) or (c) or 948.36.
