301.135   Electronic monitoring.
301.14   State-local shared correctional facilities.
301.15   Medium security prison.
301.16   Construction or establishment of certain institutions.
301.17   Minimum security corrections institutions.
301.18   Correctional and other institutions; expansion and establishment of facilities.
301.19   Restrictions on construction or modifications of correctional facilities.
301.205   Reimbursement to visiting families.
301.21   Contracts for the transfer and confinement of Wisconsin prisoners in other states.
301.235   Structures, facilities and permanent improvements.
301.24   Lands; condemnation, easements, leases, sales, purchases.
301.25   Sewer system at Taycheedah Correctional Institution.
301.26   Juvenile correctional services; state services.
301.27   Meal and other charges; vending stands; commissary; and butter and cheese.
301.28   Training of correctional officers.
301.285   In-service and work experience training.
301.286   State identification upon release from prison.
301.287   Correctional officer overtime.
301.29   Bonds of employees; police powers; investigation of complaints.
301.30   Inmate wages, allowances and release payments.
301.31   Wages to prisoners.
301.315   Corrections programs report.
301.32   Property of prisoners, residents and probationers.
301.323   Vendors of personal property items.
301.325   Prisoner reimbursement to the state.
301.328   Judgment for litigation loans to prisoners.
301.33   Freedom of worship; religious ministration.
301.335   Treatment records.
301.35   Law enforcement officer access to department records.
301.36   General supervision and inspection by department.
301.37   County buildings; establishment, approval, inspection.
301.373   Operating loss reimbursement program.
301.38   Notification of victims and witnesses about prisoner escapes.
301.45   Sex offender registration.
301.46   Access to information concerning sex offenders.
301.47   Sex offender name changes prohibited.
301.475   Sex offenders to notify schools.
301.48   Global positioning system tracking and residency requirement for certain sex offenders.
301.49   Global positioning system tracking for persons who violate certain orders or injunctions.
301.50   Notification of intent to chaperone sex offenders.
301.001 301.001 Purposes of chapters. The purposes of this chapter and chs. 302 to 304 are to prevent delinquency and crime by an attack on their causes; to provide a just, humane and efficient program of rehabilitation of offenders; and to coordinate and integrate corrections programs with other social services. In creating the department of corrections, chs. 301 to 304, the legislature intends that the state continue to avoid sole reliance on incarceration of offenders and continue to develop, support and maintain professional community programs and placements.
301.001 History History: 1989 a. 31, 107; 1995 a. 27.
301.001 Annotation The Department of Corrections must follow its own rules. It is not harmless error for an agency to disobey its own procedural regulations. State ex rel. Anderson-El v. Cooke, 2000 WI 40, 234 Wis. 2d 626, 610 N.W.2d 821, 98-0715.
301.01 301.01 Definitions. In this chapter and chs. 302 to 304:
301.01(1) (1)“Department" means the department of corrections.
301.01(1m) (1m)“Juvenile correctional facility" has the meaning given in s. 938.02 (10p).
301.01(1n) (1n)“Juvenile correctional services" means services provided for a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (4h) or (7g), or 938.357 (3) or (4).
301.01(2) (2)“Prisoner" means any person who is either arrested, incarcerated, imprisoned, or otherwise detained in excess of 12 hours by any law enforcement agency of this state, except when detention is pursuant to s. 55.06 (11) (a), 2003 stats., or s. 51.15, 51.20, 51.45 (11) (b), or 55.135 or ch. 980. “Prisoner" does not include any of the following:
301.01(2)(a) (a) Any person who is serving a sentence of detention under s. 973.03 (4) unless the person is in the county jail under s. 973.03 (4) (c).
301.01(2)(b) (b) Any resident of a juvenile correctional facility or a secured residential care center for children and youth.
301.01(2)(c) (c) Any child held in custody under ss. 48.19 to 48.21.
301.01(2)(cm) (cm) Any expectant mother held in custody under ss. 48.193 to 48.213.
301.01(2)(d) (d) Any child participating in the mother-young child care program under s. 301.049.
301.01(3) (3)“Secretary" means the secretary of corrections.
301.01(3k) (3k)“Secured residential care center for children and youth" has the meaning given in s. 938.02 (15g).
301.01(4) (4)“State correctional institution" means a state prison under s. 302.01 or a juvenile correctional facility operated by the department.
301.01(5) (5)“Type 1 prison" means a state prison under s. 302.01, but excludes any institution that meets the criteria under s. 302.01 solely because of its status under s. 301.048 (4) (b).
301.01(6) (6)“Type 2 prison" means a state prison under s. 302.01 that meets the criteria under s. 302.01 solely because of its status under s. 301.048 (4) (b).
301.02 301.02 Institutions governed. The department shall maintain and govern the state correctional institutions.
301.02 History History: 1989 a. 31.
301.02 Cross-reference Cross-reference: See also ch. DOC 310, Wis. adm. code.
301.025 301.025 Division of juvenile corrections. The division of juvenile corrections shall exercise the powers and perform the duties of the department that relate to juvenile correctional services and institutions, juvenile offender review, community supervision under s. 938.533, and the serious juvenile offender program under s. 938.538.
301.025 History History: 1995 a. 27, 77; 2003 a. 33; 2015 a. 55.
301.027 301.027 Treatment program at one or more juvenile correctional facilities. The department shall maintain an intensive alcohol and other drug abuse program at one or more juvenile correctional facilities.
301.027 History History: 1995 a. 27; 1999 a. 9; 2005 a. 344; 2019 a. 8.
301.029 301.029 Contracts requiring prisoner access to personal information.
301.029(1)(1)In this section, “financial transaction card" has the meaning given in s. 943.41 (1) (em).
301.029(2) (2)
301.029(2)(a)(a) The department may not enter into any contract or other agreement if, in the performance of the contract or agreement, a prisoner would perform data entry or telemarketing services and have access to an individual's financial transaction card numbers, checking or savings account numbers or social security number.
301.029(2)(b) (b) The department may not enter into any contract or other agreement if, in the performance of the contract or agreement, a prisoner would perform data entry services or telemarketing services and have access to any information that may serve to identify a minor.
301.029 History History: 1999 a. 9.
301.03 301.03 General corrections authority. The department shall:
301.03(1) (1)Supervise, manage, preserve and care for the buildings, grounds and other property pertaining to the state correctional institutions and promote the objectives for which they are established.
301.03(2) (2)Supervise the custody and discipline of all prisoners and the maintenance of state correctional institutions and the prison industries under s. 303.01.
301.03(2g) (2g)Provide alcohol or other drug abuse assessments so that a prisoner can receive such an assessment either during his or her initial assessment and evaluation period in the state prison system or at the prison where he or she is placed after the initial assessment and evaluation period.
301.03(2m) (2m)Provide alcohol or other drug abuse treatment at each state prison except a Type 2 prison, the correctional institution authorized under s. 301.046, a minimum security correctional institution authorized under s. 301.13 or a state-local shared correctional facility established under s. 301.14.
301.03(2r) (2r)Conduct drug testing of prospective parolees or persons to be placed on extended supervision who have undergone treatment while in state prison.
301.03(3) (3)Administer parole, extended supervision, and probation matters, except that the decision to grant or deny parole to inmates shall be made by the parole commission and the decision to revoke probation, extended supervision, or parole, in cases in which there is no waiver of the right to a hearing, shall be made by the division of hearings and appeals in the department of administration. The secretary may grant special action parole releases under s. 304.02. The department shall promulgate rules to do all of the following:
301.03(3)(a) (a) Develop a system of short-term sanctions for violations of conditions of parole, probation, extended supervision, and deferred prosecution agreements that sets forth a list of sanctions to be imposed for the most common violations.
301.03(3)(b) (b) Ensure that the system of short-term sanctions developed under par. (a) does all of the following:
301.03(3)(b)1. 1. Takes into account the objective to be accomplished by imposing the sanction, considers the level of intensity necessary to achieve the objective, and considers the extent to which sanction imposition is likely to accomplish the objective.
301.03(3)(b)2. 2. Takes into account the goals of protecting the public, correcting the offender's behavior, and holding the offender accountable.
301.03(3)(b)3. 3. Determines when revocation is the required response to the violation.
301.03(3)(b)4. 4. Provides flexibility in imposing sanctions but also provides offenders with clear and immediate consequences for violations.
301.03(3)(b)5. 5. Provides examples of high, medium, and low level sanctions and what factors to consider when determining which level of sanction to apply.
301.03(3)(b)6. 6. Determines how to reward offenders for compliance with conditions of parole, of probation, of extended supervision, or of the agreement.
301.03(3)(b)7. 7. Ensures that efforts to minimize the impact on an offender's employment are made when applying sanctions.
Loading...
Loading...
2021-22 Wisconsin Statutes updated through 2023 Wis. Act 93 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on March 22, 2024. Published and certified under s. 35.18. Changes effective after March 22, 2024, are designated by NOTES. (Published 3-22-24)