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
Community-based residential facilities and child welfare agencies, facilities, or group foster homes do not necessarily become prisons or jails by reason of the placement therein of adult criminal or juvenile offenders in the custody of the State. The question whether a particular facility has become a prison or jail depends on whether the primary purpose of the facility has become penal. 69-52
Guards
Upon appropriate call, 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. 68-104
Health and Social Services, Department of
Department of Health and Social Services has power to compel cooperation of county and local officers in obtaining jail information. Sec. 46.16, Stats. 67-242
Section 46.16, Stats., does not convey authority to the Department of Health and Social Services to order methods of operation, numbers and qualifications of staff, standards for food service, and the nature of treatment and training programs in local places of confinement. Section 46.17, Stats., relates to construction and maintenance of confinement buildings and provides no additional authority to the Department under sec. 46.16, Stats. 63-267
Huber Law
Sheriff's jail policy prohibiting Huber Law prisoners from pursuing employment in business establishments that dispense alcoholic beverages impermissibly conflicts with the Huber Law. 74-113
Jailer
The provisions of sec. 53.41, Stats., which require that at least one jailer on duty be of the same sex as those persons in custody does not conflict with the anti-sex discrimination provisions of the Wisconsin Fair Employment Act concept of "bona fide occupational qualification" under federal Title VII of the 1964 Civil Rights Act discussed. Counties must comply with sec. 53.41, Stats., when they can do so without conflict with Title VII. 70-202
Juvenile detention costs
A county board is not statutorily obligated to charge costs incurred as a result of court-ordered placement in a secure juvenile detention facility to the budget of the county social service department rather than to the budget of the sheriff's department. A sheriff is statutorily obligated to comply with an order of the juvenile court commanding the sheriff to transport a juvenile to or from a secure detention facility. Section 302.34, Stats., is not applicable to a county that has both a county jail and a cooperative agreement with another county for the provision of secure juvenile detention facilities. 79-8
Juvenile sentenced to 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
Medical care
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
A sheriff may not refuse to book a person lawfully arrested and brought to the county jail by any state law enforcement agency, regardless of the medical condition of the arrestee, although he may require immediate medical screening pursuant to section 53.38, Stats. A sentencing court that imposes county jail time as a condition of probation may suspend that jail time while the probationer receives hospital care, and a sheriff and county department of human services may cooperate in the billing of medical care provided to county jail prisoners. 77-249
Law relating to liability for cost of providing hospital and medical care to indigent person under arrest discussed. Secs. 53.38 and 49.02(5), Stats. 67-245
Medication
Preparation of medication by a nurse under direction of a physician is permissible under sec. 450.04(3), Stats. Delivery of such medication to prisoners by jail attendants pursuant to instructions of the physician is permissible under sec. 450.07(2), Stats. 66-178
Mental disease
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
Paralegal personnel
A jailer may not absolutely prohibit paralegal personnel from conducting interviews of inmates but may adopt reasonable regulations to assure discipline and control of inmates and maintenance of order and safety in the jail. A jailer cannot set up certification or training requirements for paralegal personnel who are assigned by lawyers to interview inmates. A jailer cannot deny paralegal personnel access to inmate clients of lawyers, solely because of past criminal record of such paralegal personnel. A jailer can control and limit visits by paralegal personnel because of overcrowding or lack of adequate facilities but may not prohibit such visits for those reasons. 64-152
Privatization
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
Probation and parole
When a probationer or parolee has been arrested for and charged with a new crime and also appears to have violated other conditions of probation or parole, which violations themselves appear to justify revocation, the Department of Health and Social Services has no obligation to delay revocation hearings until court proceedings on the new crime are completed. It may and should proceed with such hearings and, when appropriate, revoke probation or parole on the basis of the other proven violations of the conditions thereof. Under the described circumstances, the Department and the probationer or parolee may, but probably should not, agree to delay revocation hearings until the completion of court proceedings on the new crime. The use of Department-employed hearing examiners to conduct final probation and parole revocation hearings, at which they make rulings on motions and ask supplemental questions of witnesses, and to ma
Psychiatric 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
Public defender access to prisoners
The state public defender may be denied access to jail inmates who have not requested counsel, and jail authorities need only provide over the telephone that information necessary for the public defender to assess the need to make an indigency determination in person under section 977.07(1), Stats., for an inmate who has requested counsel and claims indigency. 78-133
Reapportionment
Institutional populations, as well as other populations which may include persons disenfranchised for some reason, are part of the total population included in the 1980 federal decennial census of population and may not be disregarded for congressional or state legislative redistricting purposes. U.S. Const. art. 1, sec. 2; Wis. Const. art. IV, sec. 3. Although the Legislature may constitutionally authorize the use of voter population or citizen population for local apportionment purposes, when total population is used for the purpose of equal population redistricting of county supervisory or city aldermanic districts on the basis of the 1980 census population, institutional populations cannot be excluded from the total population count. 70-80
Release
The Department of Health and Social Services has authority to supervise defendants conditionally released under section 971.17(2), Stats., if the court orders such supervision as a condition of release. The period of supervision, when added to the time defendant has spent in the treatment institution, cannot exceed the maximum term of imprisonment as defined in section 971.17(4). Such maximum term must be calculated as if consecutive sentences had been imposed. The Department lacks authority to supervise defendants released under section 971.17(4). 73-76
Release on bail denied discussed
Acting under the authority of section 969.07, Stats., local law enforcement officials may deny release from custody to a person arrested for a misdemeanor if in the officials' opinion the person is not in a fit condition to care for his or her own safety or would constitute, because of his or her physical condition, a danger to the safety of others. 75-209
Restraint
An individual in custody of the Sheriff for transport to, from and during an involuntary commitment hearing under sec. 51.20, Stats., has rights to the least restrictive restraint appropriate for the individual, regardless of the individual's patient status under sec. 51.61, Stats. 71-183
Sentencing
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
Courts cannot place conditions on a sentence of incarceration. Pursuant to statutes, a court may order a defendant to perform community service work in lieu of part or all of a fine imposed by the court or as a condition of probation. A court cannot impose probation or order a defendant to perform community service work in lieu of imposing a statutorily required minimum jail sentence. 71-41
Sex discrimination
The provisions of sec. 53.41, Stats., which require that at least one jailer on duty be of the same sex as those persons in custody does not conflict with the anti-sex discrimination provisions of the Wisconsin Fair Employment Act concept of "bona fide occupational qualification" under federal Title VII of the 1964 Civil Rights Act discussed. Counties must comply with sec. 53.41, Stats., when they can do so without conflict with Title VII. 70-202
State patrol
