If the prisoner was convicted in a municipal court, the circuit court for the county has authority and jurisdiction to make all determinations and orders under this section and s. 302.43
as might otherwise be made by the sentencing court after the prisoner is received at the jail.
If the prisoner was convicted in a court in another county, the circuit court referred to in par. (a)
may, at the request or with the concurrence of the committing court, make all determinations and orders under this section and s. 302.43
as might otherwise be made by the sentencing court after the prisoner is received at the jail.
The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department may by resolution direct that functions of the sheriff under sub. (3)
, or both, be performed by the county department under s. 46.215
; or, if the county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department has not so directed, a court of record may order that the prisoner's earnings be collected and disbursed by the clerk of court. The order shall remain in force until rescinded by the county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department or the court, whichever made it.
The county department under s. 46.215
shall at the request of the court investigate and report to the court the amount necessary for the support of the prisoner's dependents.
The sheriff may refuse to permit the prisoner to exercise the prisoner's privilege to leave the jail as provided in sub. (1)
for not to exceed 5 days for any breach of discipline or other violation of jail regulations.
The sheriff may not permit a prisoner who is imprisoned for a violation of s. 346.63 (1)
to leave the jail under sub. (1)
if the prisoner fails to obtain the assessment or to comply with the driver safety plan ordered under s. 343.30 (1q) (c)
. 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.
The sheriff may not permit a prisoner whose operating privilege for the operation of “Class D" vehicles is restricted to operating vehicles that are equipped with an ignition interlock device under s. 343.301 (1g)
to leave the jail under sub. (1)
unless, within 2 weeks after the court issues an order under s. 343.301 (1g) (am) 1.
or the person's operating privilege is restricted under s. 343.301 (1g) (am) 2.
, the person submits proof to the sheriff that an ignition interlock device has been installed in each motor vehicle to which the order applies.
“Jail" includes a house of correction and, except for purposes of sub. (13)
, a Huber facility under s. 303.09
“Sheriff" includes the superintendent of a house of correction.
In counties having a house of correction, any person violating the privilege granted under sub. (1)
may be transferred by the county jailer to the house of correction for the remainder of the term of the person's sentence or, if applicable, the remainder of the person's confinement sanction under s. 302.113 (8m)
or 302.114 (8m)
Any county board may contract with the department for the quartering in the county jail of inmates under s. 303.065
In counties having a population of 750,000 or more, a prisoner granted the privilege authorized under sub. (1) (a)
shall be committed to the county jail or any other facility for the housing of prisoners as determined by ordinance by the county board.
Pursuant to sub. (1), a court may permit release from probation confinement for child visitation if the probationer establishes that he or she provides services qualifying as “housekeeping and attending the needs of the person's family." State v. Timmerman, 198 Wis. 2d 309
, 542 N.W.2d 221
(Ct. App. 1995), 94-3374
The decision of whether to grant the Huber privilege remains with the court even after sentencing and does not shift to the sheriff. Sheriffs have authority only to temporarily suspend the privilege under circumstances defined by the legislature. State ex rel. Coogan v. Michek, 2020 WI App 37
, 392 Wis. 2d 885
, 945 N.W.2d 752
The cost of lodging may not be satisfied out of Huber earnings. 61 Atty. Gen. 292.
Huber facilities. 303.09(1)(1)
The county board of any county may establish, relocate and maintain an unlocked facility for use exclusively by persons granted leave privileges under s. 303.08 (1)
and persons confined under s. 973.09 (4)
or 973.11 (1) (b)
. The facility need not be located at the county seat.
The county boards of 2 or more counties may jointly establish, relocate and maintain a facility described in sub. (1)
. The operation and expenses of the facility shall be governed by an agreement between those counties. In a jointly established facility, authority under ss. 303.08 (2m)
, 973.09 (4)
and 973.11 (1) (b)
may be exercised by a sheriff of any of the counties which jointly establish the facility. The agreement shall specify who has authority to act under ss. 303.08 (2m)
and 973.11 (1) (b)
History: 1983 a. 254
; 1989 a. 31
; Stats. 1989 s. 303.09; 1991 a. 253
County work camp. 303.10(1)(a)
Subject to par. (b)
, the county board of any county may provide a work camp for the reformation and employment of persons sentenced to the county jail. Any 2 or more counties may jointly provide one work camp.
Before establishing a work camp under par. (a)
, the county board or, if 2 or more counties want jointly to provide one work camp, the county boards of all of the counties providing the work camp shall agree with the sheriff who will administer the work camp concerning the staffing level of the work camp. If the county board or, if applicable, county boards and the sheriff do not reach an agreement concerning the staffing level of a work camp, the county board or, if applicable, county boards may not establish the work camp.
If a county board establishes a work camp under sub. (1)
, the sheriff of the county or a person designated by that sheriff shall administer the work camp unless the county board provides otherwise. If 2 or more counties jointly provide for one work camp under sub. (1)
, the sheriff of the county in which the work camp is located, or a person designated by that sheriff, shall administer the work camp unless the county boards of the counties that jointly established the work camp provide otherwise by unanimous agreement.
A work camp established under sub. (1)
may be located within the house of correction of the county in which the work camp is located, if the county has a house of correction and if the work camp is operated as a separate unit from the house of correction.
The sheriff may transfer persons between a county jail and a work camp.
The sheriff may provide prisoners assigned to a work camp the opportunity, on a volunteer basis, to do any of the following:
Perform supervised work at paid employment in the community.
Perform supervised work on a project that serves the public interest or a charitable purpose and is operated by an organization that is exempt from federal income taxation under section 501
(c) (3) of the internal revenue code, but only if the work performed does not result in a competitive disadvantage to a for-profit enterprise.
The sheriff shall not assign prisoners to work under sub. (3)
on projects in a manner that results in the displacement of employed persons from their jobs or the replacement of workers on strike or locked out of work. Before prisoners assigned to work under sub. (3)
begin work, the employer or other person in charge of a place of employment that is the site of the proposed work project shall post, at the locations where notices to employees are usually posted, a written notice informing employees that prisoners have been assigned under this section to work at the place of employment. If a collective bargaining agreement is in effect at a place of employment that is the site of a proposed work project under sub. (3) (c)
, that bargaining unit must agree to the assignment of prisoners at the place of employment before the assignment is made.
Any intentional failure of a prisoner to report to or return from a work assignment is considered an escape under s. 946.42 (3) (a)
Any prisoner employed under sub. (3) (a)
shall reimburse the county for food, clothing and daily travel expenses to and from work for days worked. The county may collect moneys under sub. (8)
or may seek reimbursement under s. 302.372
, but may not collect for the same expenses twice.
The sheriff shall collect the wages or salary of each prisoner employed under sub. (3)
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. The 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.
The sheriff shall disburse wages, salary or benefits collected under sub. (7)
using the priority order under s. 303.08 (5)
An employer that employs a prisoner for work under this section shall pay the prisoner at a rate set by the county board by ordinance.
Any officer, employee or agent of a county, employer or organization involved in the provision of any of the work camp options listed under sub. (3)
, and the county, employer and organization, are immune from civil liability for the death or injury of a prisoner caused by the good faith act or omission of the officer, employee or agent of the county, employer or organization related to carrying out any responsibilities under a work camp option.
The immunity under this subsection includes any good faith act or omission that occurs during the transportation of a prisoner to or from a work camp option listed under sub. (3)
The immunity under this subsection does not apply to any person whose act or omission involves reckless, wanton or intentional misconduct.
History: 1995 a. 281
County house of correction. 303.16(1)(1)
The county board of any county may, pursuant to s. 301.37
, establish, relocate and maintain within the county a house of correction for the reformation and employment of persons sentenced to confinement therein.
The expenses of maintaining a house of correction under sub. (1)
, above all receipts for the labor of persons confined therein and for the support of prisoners therein whose support is not chargeable to the applicable county, shall be audited by the county board at its annual meeting, and paid out of the county treasury, and shall be raised, levied and collected as part of the ordinary expenses of the county.
Any 2 or more counties may jointly provide for one county house of correction if each of the counties has a population of less than 750,000. Any jointly established house of correction is the county house of correction of each of the counties so joining. All of the county boards must agree before any action is taken under this section or s. 303.17
History: 1981 c. 314
; 1989 a. 31
; Stats. 1989 s. 303.16; 1993 a. 89
; 2017 a. 207
Administration and management. 303.17(1)(1)
The county board of supervisors shall control the management of a house of correction under s. 303.16
, pursuant to such regulations and under the direct supervision and control of such officers as the county board of supervisors prescribes. No such regulation may be finally adopted on the day on which it is first presented to the county board of supervisors for consideration, nor until it has been considered and reported upon by the proper committee of the county board of supervisors. The county board of supervisors may by ordinance place the management of the house of correction under the control of the county department under s. 46.21
, whichever is applicable, and in that event s. 46.21
, so far as applicable, shall control. The county board of supervisors may by ordinance resume control of the management of the house of correction. The county board of supervisors shall, in accordance with the civil service law, prescribe the number and compensation of all personnel needed for the administration of the house of correction, and fix their duties.
The chief judge of the judicial administrative district and his or her designees, district attorney and sheriff for the county and the mayor or other chief executive officer and the municipal attorney of its most populous city, village or town shall constitute a board of visitors, who shall investigate the affairs of the house of correction on the first Monday of August in each year, and report in writing to the county board of supervisors at its annual meeting, or to the county department under s. 46.21
if the county department is in charge of the institution, setting forth its condition, and suggesting such alterations, improvements or other matters respecting the management, discipline and government of the institution as may promote the purposes thereof and the interests of the county.
History: 1977 c. 449
; 1985 a. 176
; 1989 a. 31
; Stats. 1989 s. 303.17; 1993 a. 89
Once a county establishes a house of corrections, county employees must perform the incarceration functions. There is no authority for a private security firm to perform these functions. OAG 1-96
Commitments; municipal prisoners; contract with other county. 303.18(1)(1)
Every court of record authorized to commit any person to the county jail upon conviction of any offense, or authorized to sentence any person to imprisonment in the Wisconsin state prisons for any term not exceeding one year, may, in lieu of the sentence, commit or sentence the person to the house of correction for an equivalent term, at hard labor. All mittimuses and warrants of commitment in those cases shall be directed to the superintendent of the house of correction and shall be the authority of the superintendent for the detention of the person sentenced or committed.
Each city, village or town in the county shall, at a time designated by the county board, pay to the county the actual and reasonable costs of maintenance, as determined by ordinance of the county board, of all persons confined in the house of correction for the violation of any of the ordinances of the city, village or town during the preceding year, except that no costs are due for any period in which the person was also confined for reasons other than the violation of a city, village, or town ordinance.
The county may contract with any other county, upon such terms as may be agreed upon by their respective county boards, to receive into the house any person who may be sentenced to confinement therein by any court of record of such other county; and thereupon, so long as the contract remains in force, every court of record in such other county authorized to commit or sentence any person to the county jail may, in lieu of the sentence or commitment, sentence or commit the person to the house for an equivalent term, at hard labor; and any officer to whom the process of commitment in the case is delivered for execution shall convey the person to the house and deliver the person, with the commitment papers, to the superintendent of the house; and thereafter the person shall be detained and treated by all persons, courts and officers as if sentenced and committed to the house by any court of record in the county in which the house is established.
Whenever it appears that the continued presence of any person convicted of a felony and committed to the house of correction is detrimental to the person, or to other inmates, or to the discipline of the house of correction, the superintendent may immediately return the person to the committing court and the court shall sentence the person to the Wisconsin state prisons for the remainder of the term for which originally sentenced, less any credits for good behavior accumulated under s. 303.19
. The person shall be given credit for time served prior to sentencing under s. 973.155
, including good time under s. 973.155 (4)
Whenever in the opinion of the superintendent of such house and the county physician in charge at the house, an inmate's life is in jeopardy because of injury or disease or that the inmate is suffering from a disease that cannot be advantageously treated at the house, a temporary transfer of such inmate may be made on their order to the Milwaukee County Hospital, but notification of such transfer shall in all cases be given to the department and shall be subject to cancellation by it at any time.
Employment of prisoners; time credits, earnings and rewards. 303.19(1)(1)
The superintendent of the house of correction shall place all inmates at such employments, and shall cause all inmates who are minors to be instructed in such branches of useful knowledge, as shall be prescribed by the county board, but no goods manufactured therein shall be offered for sale or sold in the open market, except creative art, literary, musical, handicraft or hobby craft products produced by a prisoner at leisure.
The superintendent may employ such prisoners outside of the institution, for the purpose of cultivating the farm of the institution or in doing any other work necessary to be done in the regular business thereof, or doing work for other county departments or institutions, or in the construction of public highways within the county. In all such cases, the superintendent shall detail a force from the house of correction as the superintendent considers necessary to guard the prisoners.
The superintendent shall keep a true record of the conduct of each prisoner, specifying each infraction of the rules of discipline; and at the end of each month shall give a certificate of good conduct to each prisoner against whom no such infraction is recorded, subject to annulment by the department for subsequent misconduct. Upon each such certificate issued to any such prisoner serving sentence for a misdemeanor the prisoner may be credited, at the discretion of the superintendent, with a diminution of the sentence not exceeding 5 days. Each such prisoner serving sentence for a felony shall receive time credits as provided in s. 302.11
The county board may, pursuant to its regulations approved by the department, extend to those 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.
United States convicts.
A county may contract with the United States for the keeping and support, within its house of correction, of all prisoners who are sentenced to imprisonment by the courts of the United States within this state, upon such terms as may be agreed upon by the county board and the officers of the United States having authority for that purpose.
History: 1989 a. 31
; Stats. 1989 s. 303.20; 1993 a. 89
Compensation to injured prisoners. 303.21(1)(a)
If an inmate of a state institution, in the performance of assigned work is injured so as to be permanently incapacitated or to have materially reduced earning power, the inmate may, upon being released from such institution, either upon release on parole or extended supervision or upon final 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 inmate may not exceed $10,000 and may be paid in installments. If the injury results from employment in a prison industry, the payment shall be made from the revolving appropriation for its operation. If there is no revolving appropriation, payment shall be made from the general fund. In case of dispute, the procedure for hearing, award and appeal shall be as set forth in ss. 102.16
Inmates are included under par. (a)
if they are participating in a structured work program away from the institution grounds under s. 302.15
or a secure work program under s. 303.063
. Inmates are not included under par. (a)
if they are employed in a prison industry under s. 303.06 (2)
, participating in a work release program under s. 303.065 (2)
, participating in employment with a private business under s. 303.01 (2) (em)
or participating in the transitional employment program, but they are eligible for worker's compensation benefits under ch. 102
. Residents subject to s. 303.01 (1) (b)
are not included under par. (a)
but they are eligible for worker's compensation benefits under ch. 102
applies to compensation paid under this section.
This section does not apply if the inmate has made a recovery against an officer, employee or agent of the state, arising out of the same incident under s. 895.46
. If recovery has already been made under this section at the time that a recovery is made under s. 895.46
, the state is entitled to a credit in the amount of the recovery against any obligation it has under s. 895.46
arising out of the same incident.
See also LIRC
, Wis. adm. code.
Compensation of prisoners for injuries under this section is not determined in the same manner as worker's compensation under s. 102.03. The rules followed under s. 102.03 do not apply. Kopacka v. DILHR, 49 Wis. 2d 255
, 181 N.W.2d 487
Compensation to prisoners or residents injured in prison industries employment.
In accordance with s. 102.03 (2)
, for an inmate of a state institution or a resident subject to s. 303.01 (1) (b)
employed under s. 303.06 (2)
, compensation under ch. 102
on being released from the applicable institution, on parole, on extended supervision, on final discharge or in accordance with ch. 938
, whichever is applicable, is the exclusive remedy against the department and any employee of the department for any injury sustained by the inmate or resident while performing service growing out of and incidental to that employment. The department shall make any payments required under this section from the revolving appropriation for the operation of prison industries or, if there is no revolving appropriation for the operation of prison industries, from the general fund.
Work on Sundays and holidays.
No prisoner, or resident subject to s. 303.01 (1) (b)
, may be compelled to work on Sunday or a legal holiday, except if the work is necessary household work or when the work is necessary to maintain the management or discipline of the institution.
History: 1989 a. 31
; Stats. 1989 s. 303.22; 1995 a. 27