Wisconsin Statutes
Wis. Stat. § 301.046 (2026)
Community residential confinement
✓ current as of July 2026
Find cases:
SyfertCases citing this section
WI-LEGdocs.legis.wisconsin.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
301.046(1)(1) Institution status. The department shall establish and operate a community residential confinement program as a correctional institution under the charge of a superintendent. Under the program, the department shall confine prisoners in their places of residence or other places designated by the department. The secretary may allocate and reallocate existing and future facilities as part of the institution. The institution is subject to s. 301.02 and is a state prison as defined in s. 302.01. Construction or establishment of the institution shall be in compliance with all state laws except s. 32.035 and ch. 91. In addition to the exemptions under s. 13.48 (13), construction or establishment of facilities for the institution are not subject to the ordinances or regulations relating to zoning, including zoning under ch. 91, of the county and municipality in which the construction or establishment takes place and are exempt from inspections required under s. 301.36.
301.046(2)(2) Inmate, officer and employee status. Inmates confined under sub. (1) are under the care and control of the institution, subject to its rules and discipline and subject to all laws pertaining to inmates of other correctional institutions. Courts may not directly commit persons to the institution under sub. (1). Officers and employees of the institution are subject to the same laws pertaining to other correctional institutions.
301.046(3)(3) Eligibility. The department shall determine those prisoners who are confined under sub. (1). Except as provided in subs. (3m) and (3t), a prisoner is eligible for this confinement only under all of the following conditions:
301.046(3)(d)(d) The prisoner is eligible for parole under s. 304.06 (1) (b) or is serving a sentence that is not longer than 3 years.
301.046(3m)(3m) Intensive sanctions program participants. The department may confine any intensive sanctions program participant under sub. (1).
301.046(3t)(3t) Persons serving bifurcated sentence; restricted eligibility. A prisoner serving a bifurcated sentence imposed under s. 973.01 is not eligible for confinement under sub. (1) during the term of confinement in prison portion of the bifurcated sentence.
301.046(4)(a)1.1. “Member of the family” means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.
301.046(4)(b)(b) Before a prisoner is confined under sub. (1) for a violation of s. 940.03, 940.05, 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06, 948.07, 948.072, or 948.085, 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):
301.046(4)(b)1.1. The victim of the crime committed by the prisoner 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.
301.046(4)(b)2.2. Any witness who testified against the prisoner in any court proceeding involving the offense.
301.046(4)(c)(c) The department shall make a reasonable effort to send the notice, postmarked at least 7 days before a prisoner is confined under sub. (1), to the last-known address of the persons under par. (b).
301.046(4)(d)(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 prisoner 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).
301.046(4)(e)(e) Before a prisoner is confined under sub. (1), the department shall notify the police chief of any community and the sheriff and district attorney of any county where the prisoner will be confined.
301.046(5)(5) Electronic surveillance. The department shall monitor any prisoner’s confinement under sub. (1) by the use of an electronic device worn continuously on the prisoner’s person or by the confinement of the prisoner in supervised places designated by the department. The department may permit the prisoner to leave confinement for employment, education or other rehabilitative activities.
301.046(6)(6) Escape. Any intentional failure of a prisoner to remain within the extended limits of his or her confinement or to return within the time prescribed by the superintendent is considered an escape under s. 946.42 (3) (a).
301.046 HistoryHistory: 1989 a. 31 ss. 961m, 961mb; Stats. 1989 s. 301.046; 1989 a. 251; 1991 a. 39; 1993 a. 97, 227, 479; 1997 a. 181, 283; 2005 a. 277; 2009 a. 28; 2025 a. 88.
301.046 AnnotationRead together, ss. 301.045 and 301.048 permit an escape charge when a prisoner in community residential confinement cuts off an electronic bracelet and fails to return. State v. Holliman, 180 Wis. 2d 348, 509 N.W.2d 73 (Ct. App. 1993).
301.046 AnnotationAn inmate does not have a constitutionally protected liberty interest in maintaining the inmate’s status under this section. Santiago v. Ware, 205 Wis. 2d 295, 556 N.W.2d 356 (Ct. App. 1996), 95-0079.
301.046 AnnotationExcept as provided in s. 301.048 (7), counties are responsible for the provision of medical and dental services, including psychiatric and alcohol and drug abuse services, to persons in the community residential confinement program. 81 Atty. Gen. 156.
Notes of Decisions
Cited in 12
cases, 1993–2019 · leading case: State v. Zachary S. Friedlander, 923 N.W.2d 849 (Wis. 2019).
State v. Zachary S. Friedlander, 923 N.W.2d 849 (Wis. 2019). “8 Specifically, this court referenced Wis. Stat. §§ 301.046 ("Community residential confinement.”
Santiago v. Ware, 556 N.W.2d 356 (Wis. Ct. App. 1996). “" Section 301.046; WIS. ADM. CODE § DOC 327. CRC inmates must "wear an electronic device continuously on the inmate's person.”
State Ex Rel. Harris v. Smith, 582 N.W.2d 131 (Wis. Ct. App. 1998). “, whereas Santiago was placed in a CRC setting pursuant to § 301.046, Stats. Nonetheless, we see no reason why the logic of the Santiago case should not apply to a case such as Harris' for the following reasons.”
State Ex Rel. Simpson v. Schwarz, 2002 WI App 7 (Wis. Ct. App. 2001). “Wis. Stat. § 301.046 (6) because Simpson was not placed on electronic monitoring by DOC.”
State v. Magnuson, 2000 WI 19 (Wis. 2000). “For example, Wis. Stat. § 301.046 (1) addresses the community residential confinement program, describing this program as a "correctional institution" and the residents as "prisoners.”
State Ex Rel. Thorson v. Schwarz, 2004 WI 96 (Wis. 2004). “from a sentence that was imposed for a conviction for a sexually violent offense .”
United States v. Templeton, 543 F.3d 378 (7th Cir. 2008). “” Wis. Stat. § 301.046 (5). If a prisoner intentionally fails to return from this furlough, he is guilty of escape without so much as moving a muscle.”
State v. Holliman, 509 N.W.2d 73 (Wis. Ct. App. 1993). “Holliman neglects to indicate that as part of the intensive sanctions program he was placed in community residential confinement, which is governed by sec. 301.046, Stats. 3 Therefore, Holliman is subject to both secs.”
State Ex Rel. MacEmon v. McReynolds, 561 N.W.2d 779 (Wis. Ct. App. 1997). “See §§ 301.046(5) and 301.048(3)(a)3, STATS. Macemon then argues that the apparent legislative silence with respect to individuals slated for mandatory release parole means that the *597 department's power to use electronic monitoring is limited to only the two above situations.”
State v. Zachary S. Friedlander (Wis. 2019). “8 Specifically, this court referenced Wis. Stat. §§ 301.046 ("Community residential confinement.”
State v. Allen J. Campbell (Wis. Ct. App. 2019). “§ 301.046(1) addresses the community residential confinement program, describing its residents as “prisoners” who may be charged with escape for unauthorized flight from the program.”
United States v. Templeton, Todd A. (7th Cir. 2008). “” Wis. Stat. §301.046 (5). If a prisoner intentionally fails to return from this furlough, he is guilty of escape without so much as moving a muscle.”
— Wis. Stat. § 301.046(1) — 5 cases
Santiago v. Ware, 556 N.W.2d 356 (Wis. Ct. App. 1996). “" Section 301.046; WIS. ADM. CODE § DOC 327. CRC inmates must "wear an electronic device continuously on the inmate's person.”
State v. Zachary S. Friedlander, 923 N.W.2d 849 (Wis. 2019). “8 Specifically, this court referenced Wis. Stat. §§ 301.046 ("Community residential confinement.”
State Ex Rel. Harris v. Smith, 582 N.W.2d 131 (Wis. Ct. App. 1998). “, whereas Santiago was placed in a CRC setting pursuant to § 301.046, Stats. Nonetheless, we see no reason why the logic of the Santiago case should not apply to a case such as Harris' for the following reasons.”
State v. Zachary S. Friedlander (Wis. 2019). “8 Specifically, this court referenced Wis. Stat. §§ 301.046 ("Community residential confinement.”
State v. Allen J. Campbell (Wis. Ct. App. 2019). “§ 301.046(1) addresses the community residential confinement program, describing its residents as “prisoners” who may be charged with escape for unauthorized flight from the program.”
— Wis. Stat. § 301.046(2) — 2 cases
Santiago v. Ware, 556 N.W.2d 356 (Wis. Ct. App. 1996). “" Section 301.046; WIS. ADM. CODE § DOC 327. CRC inmates must "wear an electronic device continuously on the inmate's person.”
State Ex Rel. Harris v. Smith, 582 N.W.2d 131 (Wis. Ct. App. 1998). “, whereas Santiago was placed in a CRC setting pursuant to § 301.046, Stats. Nonetheless, we see no reason why the logic of the Santiago case should not apply to a case such as Harris' for the following reasons.”
— Wis. Stat. § 301.046(3) — 1 case
Santiago v. Ware, 556 N.W.2d 356 (Wis. Ct. App. 1996). “" Section 301.046; WIS. ADM. CODE § DOC 327. CRC inmates must "wear an electronic device continuously on the inmate's person.”
— Wis. Stat. § 301.046(3m) — 1 case
State v. Holliman, 509 N.W.2d 73 (Wis. Ct. App. 1993). “Holliman neglects to indicate that as part of the intensive sanctions program he was placed in community residential confinement, which is governed by sec. 301.046, Stats. 3 Therefore, Holliman is subject to both secs.”
— Wis. Stat. § 301.046(5) — 2 cases
Santiago v. Ware, 556 N.W.2d 356 (Wis. Ct. App. 1996). “" Section 301.046; WIS. ADM. CODE § DOC 327. CRC inmates must "wear an electronic device continuously on the inmate's person.”
State Ex Rel. MacEmon v. McReynolds, 561 N.W.2d 779 (Wis. Ct. App. 1997). “See §§ 301.046(5) and 301.048(3)(a)3, STATS. Macemon then argues that the apparent legislative silence with respect to individuals slated for mandatory release parole means that the *597 department's power to use electronic monitoring is limited to only the two above situations.”
— Wis. Stat. § 301.046(6) — 4 cases
State v. Zachary S. Friedlander, 923 N.W.2d 849 (Wis. 2019). “8 Specifically, this court referenced Wis. Stat. §§ 301.046 ("Community residential confinement.”
Santiago v. Ware, 556 N.W.2d 356 (Wis. Ct. App. 1996). “" Section 301.046; WIS. ADM. CODE § DOC 327. CRC inmates must "wear an electronic device continuously on the inmate's person.”
State v. Holliman, 509 N.W.2d 73 (Wis. Ct. App. 1993). “Holliman neglects to indicate that as part of the intensive sanctions program he was placed in community residential confinement, which is governed by sec. 301.046, Stats. 3 Therefore, Holliman is subject to both secs.”
State v. Zachary S. Friedlander (Wis. 2019). “8 Specifically, this court referenced Wis. Stat. §§ 301.046 ("Community residential confinement.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.