303.08 “Huber Law”; employment of county jail prisoners.

888 words·~4 min read·/wi/chapter-303/303-08

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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:

(a)Seeking employment or engaging in employment training.

(b)Working at employment.

(bn)Performing community service work under s. 973.03 .

(c)Conducting any self-employed occupation including housekeeping and attending the needs of the person’s family.

(cn)Attending court proceedings to which the person is a party or for which the person has been subpoenaed as a witness.

(d)Attendance at an educational institution.

(e)Medical treatment.

(f)Obtaining counseling or therapy from an approved public treatment facility, as defined in s. 51.45

(c), an approved private treatment facility, as defined in s. 51.45

(b), a psychiatrist, a psychologist, a licensed clinical social worker, a professional counselor, as defined in s. 457.01

(7), or a certified independent or advanced practice social worker who is authorized to practice psychotherapy under subch. I of ch. 457 .

(g)Attending an assessment for the purpose of determining the person’s need for counseling or therapy under par.

(f).

(h)Attending a parenting education program.

(i)Meeting with the person’s probation, extended supervision, or parole officer.

(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.

(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.

(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.

(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.

(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.

(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:

(b)Necessary travel expense to and from work;

(c)Court-ordered support of the prisoner’s dependents, if any;

(cg)The board of the prisoner;

(cr)Other incidental expenses of the prisoner;

(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;