A work area established only by movable partitions which do not extend completely from floor to ceiling is not included in the term "office" as defined in section 101.123(1)(c), Stats. (Unpub.). 21-1984
Air quality"
The definition of "air quality" contained in State Amendment 2 to 1973 Senate Bill 40 is adequate to comply with the federal Clean Air Act of 1970 (P.L. 91-604) as recently construed in federal court decisions. The definition of "existing ambient air quality" as it is contained in Senate Amendment 2 to 1973 Senate Bill 40 may be in conflict with any base line reference date for existing air quality which may be adopted under the Clean Air Act of 1970 as recently construed in federal court decisions. 63-64
Aquatic nuisance control. 63-260
Federal Clean Air Act
Assembly Bill 221, if enacted, would be superseded under federal Clean Air Act of 1970. 62-165
Indian reservations
Chapter 147, Stats., relating to water pollution control, did not authorize DNR to regulate Indian reservations and lands since the Legislature, in adopting provisions fashioned after federal law, intentionally omitted Indian tribal organizations from the scope of coverage while charged with knowledge that the State generally lacks power to regulate within sovereign Indian territory. (Unpub.). 51-1978
Mining operations
The state net proceeds occupation tax and mining permit process are generally not applicable to mining operations on the Sokaogon Reservation, whether those operations are conducted by the Tribe or by a non-Indian lessee. Any federal environmental impact statement required by the federal government would legally need to be shared with or presented to the State. The applicability of state pollution control laws to mining activity on the Reservation is also discussed. 75-220
Petroleum Environmental Cleanup Fund Award
The state may use the proceeds from general obligation bonds to fund an expansion of the Petroleum Environmental Cleanup Fund Award Program. 81-114
Property owners
Individual property owners incidentally affected by a Department of Natural Resources legislative decision to approve or disapprove plans for an air contaminant source pursuant to sec. 144.39, Stats., are not guaranteed a hearing before the Department by statute or by constitutional provisions of due process. Thus, proceedings under sec. 144.39, Stats., do not constitute a contested case. 64-115
Smoking
A work area established only by movable partitions which do not extend completely from floor to ceiling is not included in the term "office" as defined in section 101.123(1)(c), Stats. (Unpub.). 21-1984
State discharge permits
Assembly Bill 128 which is designed to create a system of state discharge permits congruent with the National Pollutant Discharge Elimination System created by the Federal Water Pollution Control Act Amendments of 1972 (P.L. 92-500) cannot be amended to tie deadlines under the state law to the availability of federal financial assistance for municipalities without violating the federal Act. 62-115
Water pollution control
Chapter 147, Stats., relating to water pollution control, did not authorize DNR to regulate Indian reservations and lands since the Legislature, in adopting provisions fashioned after federal law, intentionally omitted Indian tribal organizations from the scope of coverage while charged with knowledge that the State generally lacks power to regulate within sovereign Indian territory. (Unpub.). 51-1978
POSSE COMITATUS
See SHERIFFS
POWER OF ATTORNEY
See UNIFORM DURABLE POWER OF ATTORNEY ACT
PRAYER
See RELIGION
PRISONS AND PRISONERS
See also CRIMINAL LAW; PROBATION AND PAROLE
AODA services
Except as provided in section 301.048(7), Stats., counties are financially responsible under sections 49.02 and 51.42 for the provision of medical and dental services, including psychiatric and AODA services, to persons in the community residential confinement program and to persons in the intensive sanctions program. DOC is under no statutory obligation to furnish treatment for inpatient or outpatient mental health and AODA services to persons in the intensive sanctions program unless they are in Type 1 prisons other than the community residential confinement program, but it is required to provide reimbursement for the actual cost of health care treatment furnished to persons in the intensive sanctions program who are placed by DOC in a facility or program pursuant to section 301.048(3)(a)1. and 6. when the cost of the treatment is authorized by DOC. DOC also possesses discretionary authority to provide inpatient and ou
Consecutive sentences
A criminal defendant who receives consecutive sentences that in the aggregate exceed one year, but individually are all less than one year, should be incarcerated in a county jail rather than the Wisconsin prison system. 78-44
Contempt, civil and criminal
A person confined in the county jail for civil (remedial) contempt of court is not eligible for "good time" credit under section 53.43, Stats. 74-96
Correctional staff
Correctional staff have the authority, and possess the power of a peace officer in pursuing and capturing escaped inmates. 68-352
Corrections, Department of
Except as provided in section 301.048(7), Stats., counties are financially responsible under sections 49.02 and 51.42 for the provision of medical and dental services, including psychiatric and AODA services, to persons in the community residential confinement program and to persons in the intensive sanctions program. DOC is under no statutory obligation to furnish treatment for inpatient or outpatient mental health and AODA services to persons in the intensive sanctions program unless they are in Type 1 prisons other than the community residential confinement program, but it is required to provide reimbursement for the actual cost of health care treatment furnished to persons in the intensive sanctions program who are placed by DOC in a facility or program pursuant to section 301.048(3)(a)1. and 6. when the cost of the treatment is authorized by DOC. DOC also possesses discretionary authority to provide inpatient and ou
Costs of medical care
See Medical care
County Clerk
As custodian of the jail and its prisoners, the Sheriff has the exclusive right to determine where duplicate sets of jail keys will be kept; the County Clerk is not authorized to retain a duplicate set of jail keys if the Sheriff does not agree to such possession. 68-330
County jail
The exclusive grant of jurisdiction to circuit courts for enumerated traffic offenses under section 48.17(1), Stats., involving juvenile offenders, sixteen years of age or older, includes the authority to sentence juveniles to the adult section of the county jail where the penalty is prescribed by the substantive traffic statute. 79-94
A criminal defendant who receives consecutive sentences that in the aggregate exceed one year, but individually are all less than one year, should be incarcerated in a county jail rather than the Wisconsin prison system. 78-44
Neither the sheriff nor the county board may "privatize" the jailer function of the office of sheriff under section 59.23(1), Stats., by contracting with a private firm to take charge and custody of county prisoners held in the county jail. 77-94
A county cannot meet the requirements of sec. 59.68(1), Stats., by constructing a jail outside the county seat and maintaining a facility at the county seat to be used only for securing defendants on the day of trial. A facility housing county jail functions other than rehabilitation may not be located outside the county seat. (Unpub.). 32-1975
Drunk driving; rehabilitation facility
A repeat OWI offender serving the mandatory term of imprisonment may be confined in a rehabilitation facility if that facility is a "locked" facility under the control and direct authority of the county sheriff and, at a minimum, that facility must satisfy all other characteristics for a jail set forth in the Wisconsin Administrative Code. 79-75
Emergency detention
Pursuant to section 51.20(14), Stats., the director of the county department under section 51.42 or 51.437 may request the sheriff of the county in which an individual was placed under emergency detention to transport that individual to another designated inpatient facility prior to the initial court hearing under chapter 51, and the sheriff must do so within a reasonable time. 80-299
Emergency medical treatment
A Wisconsin law enforcement officer may transport a prisoner out of state for emergency medical treatment. Upon leaving Wisconsin, a law enforcement officer from the receiving state must take custody of the prisoner. The prisoner may be brought back to Wisconsin using the Uniform Criminal Extradition Act, section 976.03, Stats. 80-41
Section 53.38, Stats., is exclusively applicable in providing relief from medical and hospital care costs incurred by an indigent prisoner while receiving emergency medical treatment in a hospital. 69-230
Extradition
A Wisconsin law enforcement officer may transport a prisoner out of state for emergency medical treatment. Upon leaving Wisconsin, a law enforcement officer from the receiving state must take custody of the prisoner. The prisoner may be brought back to Wisconsin using the Uniform Criminal Extradition Act, section 976.03, Stats. 80-41
Good time
Persons committed pursuant to a verdict of not guilty by reason of mental disease or defect should be credited with statutory good time pursuant to sec. 971.17(4), Stats., only after the effective date of that statute. 70-169
A person confined in the county jail for civil (remedial) contempt of court is not eligible for "good time" credit under section 53.43, Stats. 74-96
Group homes
