Section 303.068. Leave for qualified inmates.

 

(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:

(a) To visit a parent, child, spouse, grandparent, brother or sister who is seriously ill.

(b) To attend the funeral of a parent, child, spouse, grandparent, brother or sister.

(c) To contact a prospective employer.

(d) To screen for or diagnose or treat an injury, illness or disease.

(e) To visit a parent, child, spouse, grandparent, brother or sister to facilitate family reintegration and stability.

(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.

(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.

(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.

(4)  An inmate granted a leave under this section shall be restricted to the confines of this state.

(4m)  

(a) In this subsection:

1. “Member of the family" means spouse, child, sibling, parent or legal guardian.

2. “Victim" means a person against whom a crime has been committed.

(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) :

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.

2. Any witness who testified against the inmate in any court proceeding involving the offense.

(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) .

(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) .

(5)  The department shall promulgate rules to implement this section.

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 . Cross-reference: See also s. DOC 326.01 , Wis. adm. code.