Wisconsin Statutes

Wis. Stat. § 301.01 (2026)

Definitions

✓ current as of July 2026

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301.01301.01 Definitions. In this chapter and chs. 302 to 304:

301.01(1)(1) “Department” means the department of corrections.

301.01(1m)(1m) “Juvenile correctional facility” has the meaning given in s. 938.02 (10p).

301.01(1n)(1n) “Juvenile correctional services” means services provided for a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (4h) or (7g), or 938.357 (3) or (4).

301.01(2)(2) “Prisoner” means any person who is either arrested, incarcerated, imprisoned, or otherwise detained in excess of 12 hours by any law enforcement agency of this state, except when detention is pursuant to s. 55.06 (11) (a), 2003 stats., or s. 51.15, 51.20, 51.45 (11) (b), or 55.135 or ch. 980. “Prisoner” does not include any of the following:

301.01(2)(a)(a) Any person who is serving a sentence of detention under s. 973.03 (4) unless the person is in the county jail under s. 973.03 (4) (c).

301.01(2)(b)(b) Any resident of a juvenile correctional facility or a secured residential care center for children and youth.

301.01(2)(c)(c) Any child held in custody under ss. 48.19 to 48.21.

301.01(2)(cm)(cm) Any expectant mother held in custody under ss. 48.193 to 48.213.

301.01(2)(d)(d) Any child participating in the mother-young child care program under s. 301.049.

301.01(3)(3) “Secretary” means the secretary of corrections.

301.01(3k)(3k) “Secured residential care center for children and youth” has the meaning given in s. 938.02 (15g).

301.01(4)(4) “State correctional institution” means a state prison under s. 302.01 or a juvenile correctional facility operated by the department.

301.01(5)(5) “Type 1 prison” means a state prison under s. 302.01, but excludes any institution that meets the criteria under s. 302.01 solely because of its status under s. 301.048 (4) (b).

301.01(6)(6) “Type 2 prison” means a state prison under s. 302.01 that meets the criteria under s. 302.01 solely because of its status under s. 301.048 (4) (b).

301.01 HistoryHistory: 1989 a. 31, 107; 1991 a. 39; 1993 a. 479; 1995 a. 27, 77; 1997 a. 27, 292; 1999 a. 9; 2005 a. 264, 344; 2015 a. 55; 2017 a. 185; 2019 a. 8 ss. 17, 71.

Notes of Decisions

Cited in 11 cases (3 in the last 5 years), 1996–2026 · leading case: Meriter Hosp., Inc. v. Dane Cnty., 2004 WI 145 (Wis. 2004).

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Meriter Hosp., Inc. v. Dane Cnty., 2004 WI 145 (Wis. 2004). · cites it 7× “38 , after his charges were dismissed and the parole hold dropped, because he was still a prisoner, pursuant to Wis. Stat. § 301.01 (2). 6 It *12 claims that the issuance of the apprehension request "otherwise detained" Gibson in the hospital, because the sheriff was supposed to…”

State v. Hezzie R., 580 N.W.2d 660 (Wis. 1998). · cites it 4× “Under the SJOP, a juvenile 17 years of age or over may be placed in a Type 1 prison as defined in Wis. Stat. § 301.01 (5). See Wis. Stat. § 938.”

State v. Turner, 546 N.W.2d 880 (Wis. Ct. App. 1996). · cites it 4× “Section 301.01(5). Every participant entering into the Intensive Sanctions program under a court order "is a prisoner.”

Wisconsin Dep't of Corr. v. Kliesmet, 564 N.W.2d 742 (Wis. 1997). · cites it 2× “See Wis. Stat. § 301.01 (1). Section 302.31 is the statutory successor to Wis.”

State Ex Rel. Speener v. Gudmanson, 2000 WI App 78 (Wis. Ct. App. 2000). · cites it 8× “See § 301.01(1). 5 Gudmanson points out that, prior to the PLRA, WlS.”

State v. Hezzie R., 580 N.W.2d 660 (Wis. 1998). · cites it 2× “357(4)(d), to prevent the placement of Serious Juvenile Offender Program participants in a Type 1 prison, as defined in Wis. Stat. § 301.01 (5). All other provisions of the Serious Juvenile Offender Program remain unaffected by the severance.”

Meriter Hosp., Inc. v. Dane Cnty., 2003 WI App 248 (Wis. Ct. App. 2003). · cites it 3× “Alternatively, Meriter argues Gibson did not lose his criminal status after the court dismissed his charges because an Apprehension Request "otherwise detained" him according to Wis. Stat. § 301.01 (2). 4 This request required the hospital to notify the sheriff prior to…”

DeLorean Bryson v. Kevin Carr (Wis. Ct. App. 2022). · cites it 3× “§§ 301.01, 301.32(1), and 303.01(8)(b), which are statutes governing the Department’s authority over prison wages and inmate accounts.”

State v. Pfeil, 2007 WI App 241 (Wis. Ct. App. 2007). · cites it 2× “Upon his release from prison on January 8, Pfeil lived at home, obtained his driver's license and worked in the community, supervised by DIS through electronic monitoring and an alcohol monitoring program. DIS released Pfeil from electronic monitoring on June 22, 1998, but…”

State v. Gregory L. Bowie (Wis. Ct. App. 2026). “§ 301.01(1) (2023-24),2 on an annual basis.”

State v. Todd N. Triebold, 2021 WI App 13 (Wis. Ct. App. 2021). “§ 301.01(1). We note that nowhere in his briefing does Triebold address the foregoing analysis, which was advanced by the State in its 13 No.”

— Wis. Stat. § 301.01(1) — 3 cases

State Ex Rel. Speener v. Gudmanson, 2000 WI App 78 (Wis. Ct. App. 2000). “See § 301.01(1). 5 Gudmanson points out that, prior to the PLRA, WlS.”

State v. Gregory L. Bowie (Wis. Ct. App. 2026). “§ 301.01(1) (2023-24),2 on an annual basis.”

— Wis. Stat. § 301.01(2) — 3 cases

Meriter Hosp., Inc. v. Dane Cnty., 2004 WI 145 (Wis. 2004). “38 , after his charges were dismissed and the parole hold dropped, because he was still a prisoner, pursuant to Wis. Stat. § 301.01 (2). 6 It *12 claims that the issuance of the apprehension request "otherwise detained" Gibson in the hospital, because the sheriff was supposed to…”

State Ex Rel. Speener v. Gudmanson, 2000 WI App 78 (Wis. Ct. App. 2000). “See § 301.01(1). 5 Gudmanson points out that, prior to the PLRA, WlS.”

Meriter Hosp., Inc. v. Dane Cnty., 2003 WI App 248 (Wis. Ct. App. 2003). “Alternatively, Meriter argues Gibson did not lose his criminal status after the court dismissed his charges because an Apprehension Request "otherwise detained" him according to Wis. Stat. § 301.01 (2). 4 This request required the hospital to notify the sheriff prior to…”

— Wis. Stat. § 301.01(5) — 2 cases

State v. Turner, 546 N.W.2d 880 (Wis. Ct. App. 1996). “Section 301.01(5). Every participant entering into the Intensive Sanctions program under a court order "is a prisoner.”

State Ex Rel. Speener v. Gudmanson, 2000 WI App 78 (Wis. Ct. App. 2000). “See § 301.01(1). 5 Gudmanson points out that, prior to the PLRA, WlS.”

— Wis. Stat. § 301.01(6) — 1 case

State v. Turner, 546 N.W.2d 880 (Wis. Ct. App. 1996). “Section 301.01(5). Every participant entering into the Intensive Sanctions program under a court order "is a prisoner.”

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