Chapter 302, PRISONS; STATE, COUNTY AND MUNICIPAL

302.01 State prisons defined and named. (1) All of the following are state prisons: (a) The institutions named in this section. (b) The medium security correctional institutions at Redgranite and New Lisbon. (c) The correctional institutions authorized under s. 301.16 (1n) and (1…

302.02 Jurisdiction and extent of state correctional institutions. (1m) INSTITUTIONS LOCATED WITHIN THE STATE. Every activity conducted under the jurisdiction of and by any institution or facility listed under this section, wherever located, is a precinct of the prison, and each …

302.025 Service of process on prison officers, employees, or inmates. (1) Service of process may be made on the warden or superintendent of any prison named in s. 302.01 as upon any other resident of this state. (2) Except as provided in sub. (1), service of process within any pr…

302.03 Oath of office. The wardens and the superintendents of the state correctional institutions, as defined in s. 301.01 (4), shall each take the official oath required by s. 19.01. History: 1989 a. 31 s. 1619; Stats. 1989 s. 302.03; 2021 a. 247.

302.04 Duties of warden and superintendents. Except as provided in ss. 13.48 (14) (am) and 16.848 (1), the warden or the superintendent of each state prison shall have charge and custody of the prison and all lands, belongings, furniture, implements, stock and provisions and ever…

302.043 Release of inmates serving risk reduction sentences. (1) When an inmate who is serving a risk reduction sentence imposed under s. 973.031, 2009 stats., has served not less than 75 percent of the term of confinement portion of his or her sentence under s. 973.01 and the de…

302.045 Challenge incarceration program. (1) PROGRAM. The department shall provide a challenge incarceration program for inmates selected to participate under sub. (2). The program shall provide participants with manual labor, personal development counseling, substance abuse trea…

302.05 Wisconsin substance abuse program. (1) (am) The department of corrections and the department of health services may designate a section of a mental health institute as a correctional treatment facility for the treatment of substance abuse of inmates transferred from Wiscon…

302.055 Transfer of inmates to resource center. The department may transfer an inmate from a prison, jail or other criminal detention facility to the Wisconsin resource center if there is reason to believe that the inmate is in need of individualized care. The inmate is entitled …

302.06 Delivery of persons to prisons. The sheriff shall deliver to the reception center designated by the department every person convicted in the county and sentenced to the Wisconsin state prisons or to the intensive sanctions program as soon as may be after sentence, together…

302.07 Maintenance of order. The warden or superintendent shall maintain order, enforce obedience, suppress riots and prevent escapes. For such purposes the warden or superintendent may command the aid of the officers of the institution and of persons outside of the prison; and a…

302.08 Humane treatment and punishment. The wardens and the superintendents and all prison officials shall uniformly treat the inmates with kindness. There shall be no corporal or other painful and unusual punishment inflicted upon inmates. History: 1989 a. 31 s. 1625; Stats. 198…

302.09 Labor and communications. Inmates shall be employed as provided in ch. 303. Communication shall not be allowed between inmates and any person outside the prison except as prescribed by the prison regulations. History: 1989 a. 31 s. 1626; Stats. s. 302.09. Cross-reference: …

302.095 Delivering articles to inmate. (1) In this section, “jail” means any of the following: (a) A jail, as defined in s. 302.30. (b) A house of correction. (c) A Huber facility under s. 303.09. (d) A lockup facility, as defined in s. 302.30. (2) (a) Any officer or other person…

302.10 Solitary confinement. For violation of the rules of the prison an inmate may be confined to a solitary cell, under the care and advice of the physician. History: 1989 a. 31 s. 1628; Stats. s. 302.10.

302.105 Notification prior to expiration of sentence. (1) In this section: (a) “Member of the family” means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian. (b) “Victim” means a person against whom a crime has been committed. (2) Before an inmate …

302.107 Notification upon revocation. (1) In this section: (a) “Inmate” means the person who was convicted of an offense against the victim. (b) “Victim” has the meaning given in s. 950.02 (4). (2) Upon revocation of parole or extended supervision under s. 302.11 (7), 302.113 (9)…

302.11 Mandatory release. (1) The warden or superintendent shall keep a record of the conduct of each inmate, specifying each infraction of the rules. Except as provided in subs. (1g), (1m), (1q), (1z), and (7), each inmate is entitled to mandatory release on parole by the depart…

302.113 Release to extended supervision for felony offenders not serving life sentences. (1) An inmate is subject to this section if he or she is serving a bifurcated sentence imposed under s. 973.01. (2) Except as provided in subs. (3) and (9), an inmate subject to this section …

302.114 Petition for release and release to extended supervision for felony offenders serving life sentences. (1) An inmate is subject to this section if he or she is serving a life sentence imposed under s. 973.014 (1g) (a) 1. or 2. An inmate serving a life sentence under s. 939…

302.116 Extended supervision conditions for sex offenders. (1) In this section: (a) “Serious sex offense” means a violation of s. 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06, 948.07, or 948.072 or a solicitation, conspiracy, or attempt to commit a violation of s. 940.2…

302.117 Notice regarding ineligibility to vote. When an inmate who is disqualified from voting under s. 6.03 (1) (b) is released to parole or extended supervision, the department shall inform the person in writing that he or she may not vote in any election until his or her civil…

302.12 Reward of merit. (1) The department may provide by rule for the payment of money to inmates. The rate may vary for different prisoners in accordance with the pecuniary value of the work performed, willingness, and good behavior. The payment of money to inmates working in t…

302.13 Preservation of property an inmate brings to prison. The department shall preserve money and effects, except clothes, in the possession of an inmate when admitted to the prison and, subject to the crime victim and witness assistance surcharge under s. 973.045 (4), the deox…

302.14 Property of deceased inmates, parolees, probationers or persons on extended supervision, disposition. When an inmate of a prison, a parolee of an institution, a person on extended supervision or a person on probation to the department dies leaving an estate, after paying a…

302.15 Activities off grounds. The wardens and superintendents of the state prisons, and all wardens and superintendents of county prisons, jails, camps and houses of correction enumerated in ch. 303, may take inmates away from the institution grounds for rehabilitative and educa…

302.17 Register of inmates. (1) When any inmate is received into any state penal institution the department shall register the date of admission, the name, age, nativity and nationality and such other facts as may be obtained as to parentage, education and previous history and en…

302.18 Transfers of inmates. (1) Inmates of a prison may be transferred and retransferred to another prison by the department. (1m) Inmates transferred to the Wisconsin resource center shall be afforded a transfer hearing under s. 302.055. (2) Inmates of a county house of correct…

302.185 Transfer to foreign countries under treaty. If a treaty is in effect between the United States and a foreign country, allowing a convicted person who is a citizen or national of the foreign country to transfer to the foreign country, the governor may commence a transfer o…

302.19 Temporary detention of inmates. The department may use any of its facilities for the temporary detention of persons in its custody. History: 1989 a. 31 s. 1638; Stats. 1989 s. 302.19.

302.20 Uniforms for correctional officers. The department shall furnish and, from time to time replace, a standard uniform to be prescribed by the department including items of clothing (not including overcoats), shoulder patches, caps, lapel insignia, and badge to each correctio…

302.21 Vocational education program in auto body repair at the Green Bay Correctional Institution. (1) The department may maintain and operate a vocational education program in auto body repair at the Green Bay Correctional Institution. Notwithstanding s. 303.06 (1), in connectio…

302.25 Interstate corrections compact. The following compact, by and between the state of Wisconsin and any other state which has or shall hereafter ratify or legally join in the same, is ratified and approved: INTERSTATE CORRECTIONS COMPACT (1) ARTICLE I — PURPOSE AND POLICY. Th…

302.26 Corrections compact; contracts with other states; approval. The secretary is responsible for performing all functions necessary or incidental to carrying out the requirements of the interstate corrections compact under s. 302.25. The secretary may delegate and redelegate a…

302.27 Contracts for temporary housing for or detention of persons on probation or prisoners. (1) The department may contract with a local unit of government, as defined in s. 16.957 (1) (k), for temporary housing or detention in county jails, county houses of correction, or trib…

302.30 Definition of jail. In ss. 302.30 to 302.43, “jail” includes municipal prisons and rehabilitation facilities established under s. 59.53 (8) by whatever name they are known. In s. 302.37 (1) (a) and (3) (a), “jail” does not include lockup facilities. “Lockup facilities” mea…

302.31 Use of jails. The county jail may be used for any of the following purposes: (1) The detention of persons charged with crime and committed for trial. (1m) The detention of persons subject to confinement under s. 322.011. (2) The detention of persons committed to secure the…

302.315 Use of county house of correction. A county house of correction may be used for the detention of any person detained in the county jail but the person shall be separated, if feasible, from the inmates of the house of correction in a manner determined by the department. Hi…

302.33 Maintenance of prisoners in county jail; state payments to counties and tribal governing bodies. (1) The maintenance of persons who have been sentenced to the state penal institutions; persons in the custody of the department, except as provided in sub. (2) and ss. 301.048…

302.335 Restrictions on detaining probationers, parolees and persons on extended supervision in county or tribal jail. (1) In this section, “division” means the division of hearings and appeals in the department of administration. (2) If a probationer, parolee or person on extend…

302.336 County jail in populous counties. (1) A county having a population of 750,000 or more shall provide, as part of its county jail, for the confinement of all persons arrested for violation of state laws or municipal ordinances or otherwise detained by police officers of a 1…

302.34 Use of jail of another county. Courts, judges and officers of any county having no jail and no cooperative agreement under s. 302.44 may sentence, commit or deliver any person to the jail of any other county as if that jail existed in their own county. The sheriff of the o…

302.35 Removal of prisoners in emergency. In an emergency and for the safety of prisoners in any jail, the sheriff or other keeper may remove them to a place of safety and there confine them so long as necessary. If any county jail is destroyed or is insecure for keeping prisoner…

302.36 Classification of prisoners. The sheriff, jailer, or keeper of a jail shall establish a prisoner classification system to determine prisoner housing assignments, how to supervise and provide services and programs to a prisoner, and what services and programs to provide a p…

302.365 Jail and house of correction program standards. (1) STANDARDS. The department shall establish, by rule, program standards for jails and houses of correction. The standards shall require all of the following: (a) Policy and procedure manual. That the sheriff or other keepe…

302.37 Maintenance of jail and care of prisoners. (1) (a) The sheriff or other keeper of a jail shall constantly keep it clean and in a healthful condition and pay strict attention to the personal cleanliness of the prisoners and shall cause the clothing of each prisoner to be pr…

302.372 Prisoner reimbursement to a county. (1) DEFINITIONS. In this section: (a) “Jail” includes a house of correction, Huber facility under s. 303.09 or a work camp under s. 303.10. (b) “Jailer” includes a sheriff, superintendent or other keeper of a jail. (2) REIMBURSEMENT OF …

302.373 Prisoner reimbursement to municipality. (1) In this section: (a) “Jail” means a county jail, a rehabilitation facility established by s. 59.53 (8), or a county house of correction under s. 303.16. (b) “Prisoner” means a person who is incarcerated in a jail by court order …

302.375 Restrictions on liquor and dangerous drugs; placement of prisoners. (1g) In this section: (a) “Controlled substance” has the meaning given in s. 961.01 (4). (am) “Controlled substance analog” has the meaning given in s. 961.01 (4m). (b) “Precinct” means a place where any …

302.38 Medical care of prisoners. (1) If a prisoner needs medical or hospital care or is intoxicated or incapacitated by alcohol or another drug the sheriff, superintendent or other keeper of the jail or house of correction shall provide appropriate care or treatment and may tran…