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 HistoryHistory: 1989 a. 31; 1997 a. 289.
301.30301.30Inmate 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 HistoryHistory: 1989 a. 31.
301.31301.31Wages 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 HistoryHistory: 1989 a. 31; 1991 a. 269.
301.31 AnnotationThis section does not state that the Department of Corrections can set a percentage for payments of a prisoner’s obligation that conflicts with a sentencing court’s order. State ex rel. Ortiz v. Carr, 2022 WI App 16, 401 Wis. 2d 450, 973 N.W.2d 786, 20-1394.
301.315301.315Corrections 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 HistoryHistory: 1989 a. 31.
301.32301.32Property 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 (1r), the child pornography surcharge under s. 973.042, the drug offender diversion surcharge under s. 973.043, victim restitution under s. 973.20 (11) (c), 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. 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 HistoryHistory: 1989 a. 31 ss. 980, 981, 2569; 1991 a. 189, 315; 1993 a. 16; 1995 a. 27, 417; 1997 a. 27, 283, 289; 2001 a. 103; 2005 a. 25, 433; 2013 a. 20; 2015 a. 355.
301.32 Cross-referenceCross-reference: See also ch. DOC 309, Wis. adm. code.
301.32 AnnotationSub. (1) and s. 973.20 (11) (c) codify common law by specifically authorizing the Department of Corrections to take restitution from an inmate’s account at an amount or a percentage the department determines is reasonable for payment to victims. State v. Williams, 2018 WI App 20, 380 Wis. 2d 440, 909 N.W.2d 177, 17-0320.
301.32 AnnotationThe Department of Corrections was authorized under sub. (1) to take money delivered to the defendant’s prison account to satisfy unpaid restitution ordered in a judgment that imposed a sentence that the defendant had completed because using that money to pay restitution was for the defendant’s benefit within the meaning of sub. (1), regardless of whether the restitution ordered in the judgment was directly enforceable against the defendant. State ex rel. Markovic v. Litscher, 2018 WI App 44, 383 Wis. 2d 576, 916 N.W.2d 202, 17-2206.
301.32 AnnotationFormer sub. (1), 2009 stats., does not grant exclusive authority to the Department of Corrections to set the percentage at which money is deducted from a prisoner’s wages to pay a restitution obligation and does not bar the sentencing court from setting that percentage in its restitution order. State ex rel. Ortiz v. Carr, 2022 WI App 16, 401 Wis. 2d 450, 973 N.W.2d 786, 20-1394.
301.32 AnnotationThis 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).
301.323301.323Vendors of personal property items.
301.323(1)(1)The department shall permit an inmate in a state correctional institution, or a 3rd party on behalf of an inmate, to purchase department-approved hobby, religious, and other personal property items from a vendor that is contracted with under sub. (2). The department shall ensure that inmates have equal access to the approved items offered by each vendor, and the department may not give any preference to any contracted vendor.
301.323(2)(2)Through a competitive bid for contractual services under s. 16.75, the department shall contract with not fewer than 3 vendors to provide department-approved hobby, religious, and other personal property items for purchase by an inmate in a state correctional institution or by a 3rd party on behalf of an inmate. The department may contract with 2 vendors if it receives fewer than 3 bids satisfying the bid criteria. All contract specifications for contracts awarded under this subsection, including those specified in sub. (3), shall be included in a single solicitation for bids.
301.323(3)(3)Each vendor that is contracted with under sub. (2) shall allow for an inmate, or a 3rd party on behalf of an inmate, to purchase the approved items from a catalog and through an online Internet site.
301.323(4)(4)The department shall ensure that each vendor that receives a contract under sub. (2) offers substantially all of the types of items that are approved by the department.
301.323 HistoryHistory: 2021 a. 264.
301.325301.325Prisoner reimbursement to the state. The department may charge a prisoner or a prisoner’s estate for some or all of the costs to the department of the prisoner’s incarceration or burial or cremation and burial under s. 157.02 (5). The department may collect from the inmate or his or her estate during his or her incarceration or after his or her release or death, or both. If the prisoner has paid all victim restitution ordered under s. 973.20 or if the department has collected victim restitution pursuant to s. 973.20 (11) (f), the department may use any remaining money held for a prisoner under s. 301.32 (1) to pay for some or all of the costs to the department for the prisoner’s burial or cremation and burial under s. 157.02 (5). 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 HistoryHistory: 1995 a. 27; 2017 a. 246.
301.328301.328Judgment for litigation loans to prisoners.