Section 303.08. “ Huber Law"; employment of county jail prisoners.

 

(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) 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 (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 .

(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;

(e) The balance, if any, to the prisoner upon the prisoner's discharge.

(5m)  A county may receive payments under sub. (5) (b) , (cg) and (cr) or seek reimbursement under s. 302.372 , but may not collect for the same expenses twice.

(6)  The department, for a person subject to a confinement sanction under s. 302.113 (8m) or 302.114 (8m) , or the sentencing court, by order, may authorize the sheriff to whom the prisoner is committed to arrange with another sheriff for the employment or employment training of the prisoner in the other's county, and while so employed or trained to be in the other's custody but in other respects to be and continue subject to the commitment.

(7)  

(a) 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.

(b) 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.

(8)  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 (5) , or both, be performed by the county department under s. 46.215 or 46.22 ; 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.

(9)  The county department under s. 46.215 or 46.22 shall at the request of the court investigate and report to the court the amount necessary for the support of the prisoner's dependents.

(10)  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.

(10m)  The sheriff may not permit a prisoner who is imprisoned for a violation of s. 346.63 (1) , (2) , (5) or (6) 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.

(10r)  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.

(11)  In this section:

(a) “Jail" includes a house of correction and, except for purposes of sub. (13) , a Huber facility under s. 303.09 .

(b) “Sheriff" includes the superintendent of a house of correction.

(12)  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) .

(13)  Any county board may contract with the department for the quartering in the county jail of inmates under s. 303.065 .

(14)  In counties having a population of 500,000 or more, a prisoner granted the privilege authorized under sub. (1) (a) to (d) or (f) to (i) shall be committed to the county jail or any other facility for the housing of prisoners as determined by ordinance by the county board.

1971 c. 92 ; 1975 c. 94 ; 1977 c. 126 , 271 , 449 ; 1981 c. 143 ; 1983 a. 254 ; 1985 a. 150 , 176 ; 1989 a. 31 s. 1689 ; Stats. 1989 s. 303.08; 1989 a. 56 ss. 104 , 105 ; 1989 a. 107 s. 153 ; 1991 a. 316 ; 1993 a. 89 ; 1995 a. 281 ; 1997 a. 39 ; 1999 a. 9 , 109 ; 2001 a. 109 ; 2003 a. 141 ; 2009 a. 100 ; 2015 a. 389 . 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 cost of lodging may not be satisfied out of Huber earnings. 61 Atty. Gen. 292.