Wis. Stat. » CHAPTER 302 — PRISONS; STATE, COUNTY AND MUNICIPAL
Wisconsin Statutes

Wis. Stat. § 302.36 (2026)

Classification of prisoners

✓ current as of July 2026
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302.36302.36 Classification of prisoners. The sheriff, jailer, or keeper of a jail shall establish a prisoner classification system to determine prisoner housing assignments, how to supervise and provide services and programs to a prisoner, and what services and programs to provide a prisoner. The prisoner classification system shall be based on objective criteria, including a prisoner’s criminal offense record and gender, information relating to the current offense for which the prisoner is in jail, the prisoner’s history of behavior in jail, the prisoner’s medical and mental health condition, and any other factor the sheriff, jailer, or keeper of a jail considers necessary to provide for the protection of prisoners, staff, and the general public.
302.36 HistoryHistory: 1977 c. 7; 1983 a. 185; 1989 a. 31 s. 1651; Stats. 1989 s. 302.36; 1995 a. 201; 2005 a. 295.
302.36 Cross-referenceCross-reference: See also ch. DOC 311, Wis. adm. code.
302.36 AnnotationThis section does not require sheriffs to include any feature in the classification system that can or must be used to disregard court orders for Huber release. State ex rel. Coogan v. Michek, 2020 WI App 37, 392 Wis. 2d 885, 945 N.W.2d 752, 18-2350.
Notes of Decisions
Cited in 2 cases, 1992–2020 · leading case: Jamie A. Coogan v. Steven R. Michek, 2020 WI App 37 (Wis. Ct. App. 2020).
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Jamie A. Coogan v. Steven R. Michek, 2020 WI App 37 (Wis. Ct. App. 2020). · cites it 8× “§ 302.36 to use inmate classification systems to make decisions about the types of housing assignments, services, and programs that the sheriffs provide for jail inmates, while the specifics of these classification systems are left to the discretion of each sheriff.”
State v. Harris, 483 N.W.2d 808 (Wis. Ct. App. 1992). “(b) Sections 302.36,302.37 and 302.375 do not apply to prisoners in the home detention program.”
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