Wisconsin Code § 301.21

Contracts for the transfer and confinement of
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Wisconsin prisoners in other states. (1m) (a) The department may enter into one or more contracts with another state
or a political subdivision of another state for the transfer and confinement in that state of prisoners who have been committed to
the custody of the department. Any such contract shall provide
for all of the following:
1. A termination date.
2. Provisions concerning the costs of prisoner maintenance,
extraordinary medical and dental expenses and any participation
in or receipt by inmates of rehabilitative or correctional services,

facilities, programs or treatment, including those costs not reasonably included as part of normal maintenance.
3. Provisions concerning any participation in programs of inmate employment if any, the disposition or crediting of any payments received by inmates on account of employment, and the
crediting of proceeds from or disposal of any products resulting
from employment.
4. Delivery and retaking of inmates.
5. Waiver of extradition by Wisconsin and the state to which
the prisoners are transferred.
6. Retention of jurisdiction of the prisoners transferred by
Wisconsin.
7. Regular reporting procedures concerning Wisconsin prisoners by officials of the state or political subdivision with which
the department is contracting.
8. Provisions concerning procedures for probation, parole,
extended supervision and discharge.
9. The same standards of reasonable and humane care as the
prisoners would receive in an appropriate Wisconsin institution.
10. Any other matters as are necessary and appropriate to fix
the obligations, responsibilities and rights of Wisconsin and the
state or political subdivision with which the department is
contracting.
(b) Inmates from Wisconsin state prisons while in an institution in another state are subject to all provisions of law and regulation concerning the confinement of persons committed for violations of the laws of that state, except as otherwise provided for
by any contract entered into under this subsection.
(c) Any hearing to consider parole to which an inmate confined under this contract may be entitled by the laws of Wisconsin will be conducted by the Wisconsin parole commission under
rules of the department.
(d) Sections 16.75 and 301.08 (2) do not apply to contracts
entered into under this subsection.
(e) The provisions of this subsection are severable, as provided in s. 990.001 (11). The provisions of any contract entered
into under this subsection are severable. If any provision of such
a contract is invalid, or if the application of a provision of the
contract to any person or circumstance is invalid, the invalidity
does not affect other provisions or applications which can be
given effect without the invalid provision or application.
(2m) (a) The department may enter into one or more contracts with a private person for the transfer and confinement in
another state of prisoners who have been committed to the custody of the department. Any such contract shall provide for all of
the following:
1. A termination date.
2. Provisions concerning the costs of prisoner maintenance,
extraordinary medical and dental expenses and any participation
in or receipt by prisoners of rehabilitative or correctional services, facilities, programs or treatment, including those costs not
reasonably included as part of normal maintenance.
3. Provisions concerning any participation in programs of
prisoner employment if any, the disposition or crediting of any
payments received by prisoners on account of employment, and
the crediting of proceeds from or disposal of any products resulting from employment.
4. Delivery and retaking of prisoners.
5. Regular reporting procedures concerning Wisconsin prisoners by the private person with which the department is
contracting.
6. Provisions concerning procedures for probation, parole,
extended supervision and discharge.
7. The same standards of reasonable and humane care as the
prisoners would receive in an appropriate Wisconsin institution.
8. Any other matters as are necessary and appropriate to fix
the obligations, responsibilities and rights of Wisconsin and the
private person with which the department is contracting.
(b) While in an institution in another state covered by a contract under this subsection, Wisconsin prisoners are subject to all
provisions of law and regulation concerning the confinement of
persons in that institution under the laws of that state.
(c) Any hearing to consider parole to which a prisoner confined under a contract under this subsection may be entitled by
the laws of Wisconsin shall be conducted by the Wisconsin parole commission under rules of the department.
(e) The provisions of any contract entered into under this subsection are severable. If any provision of such a contract is invalid, or if the application of a provision of the contract to any
person or circumstance is invalid, the invalidity does not affect
other provisions or applications which can be given effect without the invalid provision or application.
(6) Contracts under this section are subject to approval under
s. 302.26, except that for purposes of s. 302.26 this section constitutes legislative approval of contracts between the department
and the state of Minnesota.

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