303.065(1)(a) (a) Except as provided in par. (b), the department may grant work release privileges to any person incarcerated within the state prisons.
303.065(1)(b)1.1. A person serving a life sentence, other than a life sentence specified in subd. 2., may be considered for work release only after he or she has reached parole eligibility under s. 304.06 (1) (b) or 973.014 (1) (a) or (b), whichever is applicable, or he or she has reached his or her extended supervision eligibility date under s. 302.114 (9) (am) or 973.014 (1g) (a) 1. or 2., whichever is applicable.
303.065(1)(b)2. 2. A person serving a life sentence under s. 939.62 (2m) (c) or 973.014 (1) (c) or (1g) (a) 3. may not be considered for work release.
303.065(2) (2)The department shall promulgate rules for the administration of the work release program and shall determine those inmates who may participate in the plan. If any inmate violates the conditions prescribed by the institution, his or her work release privileges may be withdrawn. Failure to report to or return from the planned employment shall be considered an escape under s. 946.42 (3) (a). The department may approve as work release privileges placement in universities, colleges, technical, vocational or trade schools or in sheltered workshops or training programs designed to improve the skills and ability of the inmate.
303.065(2m) (2m)The department may not grant work release privileges to a prisoner who is imprisoned for a violation of s. 346.63 (1), (2), (5) or (6) and who fails to obtain the assessment or to comply with the driver safety plan ordered under s. 343.30 (1q) (c) related to the violation for which he or she was imprisoned. This subsection does not apply if the prisoner does not have sufficient funds to make any payments necessary to obtain the assessment or to comply with the driver safety plan.
303.065(3) (3)The department shall designate and adapt facilities of the state prisons for the purpose of quartering inmates with work release privileges or it may arrange and contract for other facilities, including portions of county jails for inmates employed in the area. An inmate with work release privileges placed in facilities outside a state prison shall be liable for the cost of the inmate's room, board, clothing and other necessary expenses incident to the inmate's employment or placement unless other means of payment are approved by the department. No inmate shall be granted work release privileges until such suitable quarters have been provided in the area of accepted or proffered employment, or educational or training placement.
303.065(4) (4)
303.065(4)(a)(a) Every inmate gainfully employed under a work release program shall be liable for the cost of the inmate's board and clothing, a reasonable room charge as determined by the department, and for any expenses incident to such employment or additional living expenses as circumstances permit, in the judgment of the department, except as provided in sub. (3). When quartered in a prison facility, such costs and expenses shall be fixed by the department.
303.065(4)(b) (b) The wages of inmates gainfully employed shall be collected by the prison responsible for his or her care. The wages are not subject to garnishment either in the hands of the employer or the prison during the inmate's term and shall be disbursed only as provided in this section, but for tax purposes they are income of the prisoner. This paragraph does not apply to wages of inmates participating in the intensive sanctions program.
303.065(5) (5)The salaries or wages of any employed inmates shall be disbursed by the department in the order stated:
303.065(5)(a) (a) The board of the prisoner including food and clothing and any fee charged under s. 301.135;
303.065(5)(b) (b) Necessary travel expense to and from work and other incidental expenses of the prisoner;
303.065(5)(bn) (bn) Payment of the crime victim and witness assistance surcharge under s. 973.045 (4);
303.065(5)(bp) (bp) Payment of the deoxyribonucleic acid analysis surcharge under s. 973.046 (4);
303.065(5)(c) (c) Support of the prisoner's dependents, if any;
303.065(5)(cg) (cg) Payment of the child pornography surcharge under s. 973.042.
303.065(5)(cm) (cm) Payment of the drug offender diversion surcharge under s. 973.043.
303.065(5)(d) (d) A reasonable room charge as determined by the department;
303.065(5)(dm) (dm) Payment for legal representation under s. 977.075 or 977.076;
303.065(5)(e) (e) Payment, either in full or ratably, of the prisoner's obligations acknowledged by the prisoner in writing or which have been reduced to judgment;
303.065(5)(f) (f) The balance, if any, to the prisoner upon the prisoner's discharge.
303.065(6) (6)The department shall credit all moneys that it collects under sub. (5) (a) and (d) to the appropriation account under s. 20.410 (1) (gi).
303.065(7) (7)The department may receive payments for its costs under this section or the department or the attorney general may collect under s. 301.325, but the state may not collect for the same expense twice.
303.065 Cross-reference Cross-reference: See also chs. DOC 309 and 324, Wis. adm. code.
303.065 Annotation There is no need to specifically spell out in s. 56.065 (2) [now sub. (2)] the consequences of an escape when other statutes provide for that situation. Brown v. State, 73 Wis. 2d 703, 245 N.W.2d 670 (1976).
303.065 Annotation Section 56.065 (2) [now sub. (2)] entitles a participating prisoner to a hearing prior to transfer to a maximum security prison. Perrote v. Percy, 444 F. Supp. 1288 (1978).
303.065 Annotation An inmate cannot be deprived of a liberty interest in continuation of work/study release status without a disciplinary due process hearing. Perrote v. Percy, 465 F. Supp. 112 (1979).
303.068 303.068 Leave for qualified inmates.
303.068(1)(1)An inmate eligible for confinement in a minimum security institution as established by the department may be allowed by the department to leave confinement for one of the following purposes:
303.068(1)(a) (a) To visit a parent, child, spouse, grandparent, brother or sister who is seriously ill.
303.068(1)(b) (b) To attend the funeral of a parent, child, spouse, grandparent, brother or sister.
303.068(1)(c) (c) To contact a prospective employer.
303.068(1)(d) (d) To screen for or diagnose or treat an injury, illness or disease.
303.068(1)(e) (e) To visit a parent, child, spouse, grandparent, brother or sister to facilitate family reintegration and stability.
303.068(1m) (1m)In sub. (1), “parent" includes a person who was previously a person acting as a parent, as defined in s. 822.02 (13), for the inmate.
303.068(2) (2)The validity of an inmate's request for leave shall be investigated by an employee or designee of the department, and the proposed conditions of the leave, including date of departure, duration, and date of return, shall be evaluated by the employee or designee. Before an inmate is released on leave, the department shall notify the police chief of any community and the sheriff and district attorney of any county involved.
303.068(3) (3)No inmate may be granted more than 3 leaves per calendar year in total under sub. (1) (a), (b) and (e). No leave may exceed 3 days, exclusive of travel time, unless an extension not to exceed 3 days is granted for cause by the department.
303.068(4) (4)An inmate granted a leave under this section shall be restricted to the confines of this state.
303.068(4m) (4m)
303.068(4m)(a)(a) In this subsection:
303.068(4m)(a)1. 1. “Member of the family" means spouse, child, sibling, parent or legal guardian.
303.068(4m)(a)2. 2. “Victim" means a person against whom a crime has been committed.
303.068(4m)(b) (b) Before an inmate who is imprisoned for a violation of s. 940.01, 940.03, 940.05, 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06, 948.07, or 948.085 is released on leave under this section, the department shall make a reasonable attempt to notify all of the following persons, if they can be found, in accordance with par. (c) and after receiving a completed card under par. (d):
303.068(4m)(b)1. 1. The victim of the crime committed by the inmate or, if the victim died as a result of the crime, an adult member of the victim's family or, if the victim is younger than 18 years old, the victim's parent or legal guardian.
303.068(4m)(b)2. 2. Any witness who testified against the inmate in any court proceeding involving the offense.
303.068(4m)(c) (c) The department shall make a reasonable effort to send the notice, postmarked at least 7 days before an inmate is released on leave, to the last-known address of the persons under par. (b).
303.068(4m)(d) (d) The department shall design and prepare cards for any person specified in par. (b) to send to the department. The cards shall have space for any such person to provide his or her name and address, the name of the applicable inmate and any other information the department determines is necessary. The department shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to persons specified in par. (b). These persons may send completed cards to the department. All department records or portions of records that relate to mailing addresses of these persons are not subject to inspection or copying under s. 19.35 (1).
303.068(5) (5)The department shall promulgate rules to implement this section.
303.068 History History: 1977 c. 312; 1979 c. 154; 1983 a. 27; 1989 a. 31 s. 1687; Stats. 1989 s. 303.068; 1993 a. 479; 1997 a. 181; 2005 a. 130, 277.
303.068 Cross-reference Cross-reference: See also s. DOC 326.01, Wis. adm. code.
303.069 303.069 Correctional institution enterprises; activities of inmates. The department shall record the source of all moneys received under s. 20.410 (1) (kc), crediting each amount received to the institution where the inmate activity occurred or to the department. The department shall allocate moneys under s. 20.410 (1) (kc) so that the allocation of each institution or the department does not exceed its credit.
303.069 History History: 1991 a. 39; 1993 a. 437.
303.07 303.07 County reforestation camps.
303.07(1)(1)Any county may by ordinance designate any county forest project under s. 28.11 to be a county reforestation camp and provide facilities therein for keeping and maintaining prisoners and giving them employment not exceeding 8 hours each day, without compensation unless otherwise determined by the county board, in charge of a superintendent who shall have the powers and duties of a jailer.
303.07(2) (2)When convicted persons are subject to commitment to the county jail, or to the Wisconsin state prisons under s. 939.62 (1) (a) or 939.623 (2) (a) for a term not exceeding 2 years, the court may instead commit them for equivalent terms to a reforestation camp authorized under sub. (1).
303.07(3) (3)Each prisoner serving a sentence under this section who could have been sentenced to a state prison is subject to s. 302.11 (1), (1g), (1q) and (2). Each prisoner serving such a sentence may be transferred to a state prison upon recommendation of the superintendent and approval of the department. The county board may, pursuant to its regulations approved by the department, extend to all other prisoners similar pecuniary earnings and rewards, subject to similar conditions and limitations as those prescribed by s. 302.12 for prisoners in the Wisconsin state prisons.
303.07(5) (5)Any county may contract with an adjoining county having a county reforestation camp, upon such terms and conditions as may be agreed upon, for keeping, maintaining and employing without compensation unless otherwise provided by the contract, convicted persons subject to county jail sentence, and in that event such persons may be committed to such county reforestation camp in the adjoining county.
303.07(6) (6)Any officer who shall receive the commitment of any person to the county reforestation camp shall convey such person thereto as soon as practicable; and shall be entitled to compensation at the rate of 10 cents per mile for each mile actually traveled in such service, going and returning, and in addition 5 cents per mile for the transportation of each prisoner.
303.07(7) (7)If any inmate of a reforestation camp, in the performance of work in connection with the maintenance of the camp, is injured so as to be permanently incapacitated, or to have materially reduced earning power, the inmate may upon discharge be allowed and paid such compensation as the department of workforce development finds the inmate entitled to. The inmate shall be compensated on the same basis as if the injury had been covered by ch. 102, except that the total paid to any such inmate shall not exceed $1,000 and may be paid in installments. If the inmate is from an adjoining county such county shall pay such compensation. In case of dispute the procedure for hearing, award and appeal shall be as set forth in ss. 102.16 to 102.26.
303.07 Cross-reference Cross-reference: See also LIRC, Wis. adm. code.
303.07(8) (8)Sections 302.31 to 302.42 insofar as they relate to persons committed and are not in conflict with this section shall apply to persons committed under this section.
303.07(9) (9)Inmates of a reforestation camp sentenced to the camp for less than one year or in lieu of a county jail sentence are subject to s. 302.43.
303.08 303.08“ Huber Law"; employment of county jail prisoners.
303.08(1)(1)Any person sentenced to a county jail for crime, nonpayment of a fine or forfeiture, or contempt of court or subject to a confinement sanction under s. 302.113 (8m) or 302.114 (8m) or a probationer detained in a county jail, tribal jail, or other county facility for a probation violation who meets the criteria under s. 302.335 (2j) may be granted the privilege of leaving the jail during necessary and reasonable hours for any of the following purposes:
303.08(1)(a) (a) Seeking employment or engaging in employment training.
303.08(1)(b) (b) Working at employment.
303.08(1)(bn) (bn) Performing community service work under s. 973.03.
303.08(1)(c) (c) Conducting any self-employed occupation including housekeeping and attending the needs of the person's family.
303.08(1)(cn) (cn) Attending court proceedings to which the person is a party or for which the person has been subpoenaed as a witness.
303.08(1)(d) (d) Attendance at an educational institution.
303.08(1)(e) (e) Medical treatment.
303.08(1)(f) (f) Obtaining counseling or therapy from an approved public treatment facility, as defined in s. 51.45 (2) (c), an approved private treatment facility, as defined in s. 51.45 (2) (b), a psychiatrist, a psychologist, a licensed clinical social worker, a professional counselor licensed under ch. 457, or a certified independent or advanced practice social worker who is authorized to practice psychotherapy under ch. 457.
303.08(1)(g) (g) Attending an assessment for the purpose of determining the person's need for counseling or therapy under par. (f).
303.08(1)(h) (h) Attending a parenting education program.
303.08(1)(i) (i) Meeting with the person's probation, extended supervision, or parole officer.
303.08(1m) (1m)If the sheriff of the county certifies that facilities are not available, the sentencing court may not order that persons committed for nonpayment of a forfeiture imposed for violation of a municipal or county ordinance be permitted to serve the commitment under this section.
303.08(2) (2)Unless such privilege is expressly granted by the court or, in the case of a person subject to a confinement sanction under s. 302.113 (8m) or 302.114 (8m), the department, the person is sentenced to ordinary confinement. A prisoner, other than a person subject to a confinement sanction under s. 302.113 (8m) or 302.114 (8m), may petition the court for such privilege at the time of sentence or thereafter, and in the discretion of the court may renew the prisoner's petition. The court may withdraw the privilege at any time by order entered with or without notice.
303.08(2m) (2m)In those counties with a Huber facility under s. 303.09, the sheriff shall determine whether a person granted leave privileges under this section is to be confined in that facility or in the county jail. The sheriff may transfer persons granted leave privileges under this section between a Huber facility and the county jail.
303.08(3) (3)The sheriff shall endeavor to secure employment or employment training for unemployed prisoners under this section. If a prisoner is employed for wages or salary or receives unemployment insurance or employment training benefits while in custody in the jail, the sheriff shall collect the wages or salary or require the prisoner to turn over the wages, salary or benefits in full when received. The sheriff shall deposit the wages, salary or benefits in a trust checking account and shall keep a ledger showing the status of the account of each prisoner. Such wages or salary are not subject to garnishment in the hands of either the employer or the sheriff during the prisoner's term, and shall be disbursed only as provided in this section; but for tax purposes they are income of the prisoner.
303.08(4) (4)Every prisoner who is gainfully employed or who receives unemployment insurance or employment training benefits while in custody in the jail, shall be liable for charges not to exceed the full per person maintenance and cost of the prisoner's board in the jail as fixed by the county board after passage of an appropriate county ordinance. If necessarily absent from jail at a meal time the prisoner shall at the prisoner's request be furnished with an adequate nourishing lunch to carry. The sheriff shall charge the prisoner's account for such board. If the prisoner is gainfully self-employed the prisoner shall pay the sheriff for such board, in default of which the prisoner's privilege under this section is automatically forfeited. If the jail food is furnished directly by the county, the sheriff shall account for and pay over such board payments to the county treasurer. The county board may, by ordinance, provide that the county furnish or pay for the transportation of prisoners employed or receiving training under this section to and from the place of employment or training.
303.08(5) (5)By order of the court or, for a person subject to a confinement sanction under s. 302.113 (8m) or 302.114 (8m), by order of the department, the wages, salary and unemployment insurance and employment training benefits received by prisoners shall be disbursed by the sheriff for the following purposes, in the order stated:
303.08(5)(b) (b) Necessary travel expense to and from work;
303.08(5)(c) (c) Court-ordered support of the prisoner's dependents, if any;
303.08(5)(cg) (cg) The board of the prisoner;
303.08(5)(cr) (cr) Other incidental expenses of the prisoner;
303.08(5)(d) (d) Payment, either in full or ratably, of the prisoner's obligations acknowledged by the prisoner in writing or which have been reduced to judgment;
2021-22 Wisconsin Statutes updated through 2023 Wis. Act 10 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on May 19, 2023. Published and certified under s. 35.18. Changes effective after May 19, 2023, are designated by NOTES. (Published 5-19-23)