302.388 Prisoner medical records.
302.39 Freedom of worship; religious ministration.
302.40 Discipline; solitary confinement.
302.41 Care of prisoners.
302.42 Jailer constantly at jail.
302.425 Home detention programs.
302.44 Cooperation between counties regarding prisoners.
302.445 Confinement of county jail prisoners in tribal jails.
302.446 Confinement of tribal prisoners in county jails.
302.45 State-local shared correctional facilities.
Ch. 302 Cross-reference
Cross-reference: See definitions in s.
301.01.
302.01
302.01
State prisons defined and named. 302.01(1)
(1) All of the following are state prisons:
302.01(1)(b)
(b) The medium security correctional institutions at Redgranite and New Lisbon.
302.01(1)(h)
(h) The minimum security correctional institutions authorized under
s. 301.13.
302.01(1)(j)
(j) The state-local shared correctional facilities when established under
s. 301.14.
302.01(2)
(2) The penitentiary at Waupun is named "Waupun Correctional Institution."
302.01(3)
(3) The correctional treatment center at Waupun is named "Dodge Correctional Institution."
302.01(4)
(4) The penitentiary at Green Bay is named "Green Bay Correctional Institution."
302.01(5)
(5) The medium/maximum penitentiary at Portage is named "Columbia Correctional Institution."
302.01(6)
(6) The medium security institution at Oshkosh is named "Oshkosh Correctional Institution."
302.01(7)
(7) The medium security penitentiary near Fox Lake is named "Fox Lake Correctional Institution."
302.01(8)
(8) The penitentiary at Taycheedah is named "Taycheedah Correctional Institution."
302.01(9)
(9) The medium security penitentiary at Plymouth is named "Kettle Moraine Correctional Institution."
302.01(10)
(10) The penitentiary at the village of Sturtevant in Racine County is named "Racine Correctional Institution."
302.01(10m)
(10m) The medium security correctional institution near Black River Falls is named "Jackson Correctional Institution."
302.01(11)
(11) The medium security penitentiary at Racine is named "Racine Youthful Offender Correctional Facility."
302.01(12)
(12) The resource facility at Oshkosh is named "Wisconsin Resource Center."
302.02
302.02
Jurisdiction and extent of state correctional institutions. 302.02(1m)(1m)
Institutions located within the state. Every activity conducted under the jurisdiction of and by any institution or facility listed under this section, wherever located, is a precinct of the prison, and each precinct is part of the institution. For all purposes of discipline and judicial proceedings all of the following apply:
302.02(1m)(a)
(a)
Waupun Correctional Institution. The Waupun Correctional Institution and its precincts are considered to be in Dodge County, and the Dodge County circuit court has jurisdiction of all crimes committed within the county.
302.02(1m)(b)
(b)
Green Bay Correctional Institution. The Green Bay Correctional Institution and its precincts are considered to be in Brown County, and the Brown County circuit court has jurisdiction of all crimes committed within the county.
302.02(1m)(c)
(c)
Taycheedah Correctional Institution. The Taycheedah Correctional Institution and its precincts are considered to be in Fond du Lac County, and the Fond du Lac County circuit court has jurisdiction of all crimes committed within the county.
302.02(1m)(d)
(d)
Correctional institutions under section 301.16. The correctional institutions authorized under
s. 301.16 and their precincts are considered to be in the county in which the institution is physically located, and that county's circuit court has jurisdiction of all crimes committed within the county.
302.02(1m)(e)
(e)
Fox Lake Correctional Institution. The Fox Lake Correctional Institution and its precincts are considered to be in Dodge County, and the Dodge County circuit court has jurisdiction of all crimes committed within the county.
302.02(1m)(f)
(f)
Minimum security correctional institutions. The minimum security correctional institutions and their precincts, as to each inmate, are considered to be in the county in which the institution to which the inmate is assigned is located, and that county's circuit court has jurisdiction of all crimes committed within the county.
302.02(1m)(g)
(g)
Kettle Moraine Correctional Institution. The Kettle Moraine Correctional Institution and its precincts are considered to be in Sheboygan County, and the Sheboygan County circuit court has jurisdiction of all crimes committed within the county.
302.02(1m)(h)
(h)
Dodge Correctional Institution. The Dodge Correctional Institution and its precincts are considered to be in Dodge County, and the Dodge County circuit court has jurisdiction of all crimes committed within the county.
302.02(1m)(i)
(i)
State-local shared correctional facilities. The state-local shared correctional facilities and their precincts are considered, as to each inmate, to be in the county in which the facility to which the inmate is assigned is located, and that county's circuit court has jurisdiction over all crimes committed within the facility.
302.02(1m)(j)
(j)
Correctional institution; community residential confinement. The correctional institution under
s. 301.046 (1) and its precincts are considered, as to each inmate, to be in the county in which the inmate is confined, and the courts of that county shall have jurisdiction of all crimes committed within the county.
302.02(1m)(k)
(k)
Correctional institution; intensive sanctions program. The correctional institution under
s. 301.048 (4) (b) and its precincts are considered, as to each inmate, to be in the county in which the inmate is assigned, and that county's circuit court has jurisdiction of all crimes committed within the county.
302.02(3t)
(3t) Institutions located in other states. For all purposes of discipline and for judicial proceedings, each institution that is located in another state and authorized for use under
s. 301.21 and its precincts are considered to be in the county in which the institution is physically located, and the courts of that county have jurisdiction of any activity, wherever located, conducted by the institution.
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,
256 Wis. 2d 787,
650 N.W.2d 43,
01-1804.
302.02 Annotation
Sub. (3t) deprives Wisconsin courts of competency to entertain certiorari actions seeking review of out-of-state prison disciplinary decisions unless a petitioner can show a denial of judicial review on jurisdictional or competency grounds in the state where the disciplinary action occurred. Allowing the courts of other states to resolve disputes over prison disciplinary actions within their borders is entirely rational and not a violation of equal protection. Myers v. Swenson, 2004 WI App 224,
277 Wis. 2d 749,
691 N.W.2d 749,
03-2406. See also Ponchik v. Bradley, 2004 WI App 226,
277 Wis. 2d 768,
690 N.W.2d 860,
03-2958.
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. Except as provided in
s. 16.848, 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 rules 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;
2005 a. 25.
302.04 Cross-reference
Cross-reference: See also ch.
DOC 303, Wis. adm. code.
302.042
302.042
Risk reduction program. 302.042(1)
(1) The department shall provide risk reduction programming and treatment for inmates sentenced to a risk reduction sentence under
s. 973.031.
302.042(2)
(2) For each inmate sentenced to a risk reduction sentence under
s. 973.031, the department shall:
302.042(2)(a)
(a) Conduct a validated and objective assessment of the inmate's criminogenic factors and risk of reoffending.
302.042(2)(b)
(b) Develop a program plan for the inmate that is designed to reduce the risk and address the factors identified pursuant to
par. (a).
302.042(3)
(3) The department may modify an inmate's program plan.
302.042(4)
(4) The department shall release an inmate who is serving a risk reduction sentence to extended supervision when he or she serves not less than 75 percent of the term of confinement portion of his or her sentence imposed under
s. 973.01 and the department determines that he or she has completed the programming or treatment under his or her plan and that the inmate maintained a good conduct record during his or her term of confinement. Not less than 30 days prior to release under this subsection, the department shall notify the sentencing court that the inmate has thus far successfully completed the requirements of his or her risk reduction sentence.
302.042 History
History: 2009 a. 28.
302.045
302.045
Challenge incarceration program. 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 manual labor, military drill and ceremony, and strenuous physical exercise, for participants who have not attained the age of 30 as of the date on which they begin participating in the program, or age-appropriate strenuous physical exercise, for all other participants, in preparation for release on parole or extended supervision. The program shall provide, according to each participant's needs as assessed under
sub. (2) (d), substance abuse treatment and education, including intensive intervention when indicated, personal development counseling, education, employment readiness training, and other treatment options that are directly related to the participant's criminal behavior. 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 40 as of the date the inmate will begin participating in the program.
302.045(2)(c)
(c) The inmate is incarcerated regarding a violation other than a crime specified in
ch. 940 or
s. 948.02,
948.025,
948.03,
948.05,
948.051,
948.055,
948.06,
948.07,
948.075,
948.08,
948.085, or
948.095.
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, using evidence-based assessment instruments, that one of the following applies:
302.045(2)(d)1.
1. The inmate has a substance abuse treatment need that requires an intensive level of treatment.
302.045(2)(d)2.
2. The inmate has a substance abuse treatment need that does not require an intensive level of treatment but does require education or outpatient services, and the inmate's substance use is not a key factor in his or her criminal behavior.
302.045(2)(d)3.
3. The inmate has one or more treatment needs not related to substance use that is directly related to his or her criminal behavior.
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 earned release review commission shall parole the inmate for that sentence under
s. 304.06, regardless of the time the inmate has served. When the earned release review commission grants parole under this subsection, it must require the parolee to participate in an intensive supervision program appropriate to the parolee's rehabilitation needs as a condition of parole.
