Wisconsin Statutes
Wis. Stat. § 302.425 (2026)
Home detention programs
✓ current as of July 2026
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302.425(1)(b)(b) “Jail” includes a house of correction, a work camp under s. 303.10 and a Huber facility under s. 303.09.
302.425(2)(2) Sheriff’s or superintendent’s general authority. Subject to the limitations under sub. (3), a county sheriff or a superintendent of a house of correction may place in the home detention program any person confined in jail. The sheriff or superintendent may transfer any prisoner in the home detention program to the jail.
302.425(2g)(2g) County departments and department; general authority. Subject to the limitations under sub. (3m), a county department or the department may place in the home detention program any juvenile who is in its custody or under its supervision.
302.425(2m)(2m) Intensive sanctions program participants. Notwithstanding the agreement requirements under sub. (3), the department may place any intensive sanctions program participant in a home detention program.
302.425(3)(3) Placement of a prisoner in the program. The sheriff or superintendent may, if he or she determines that the home detention program is appropriate for a prisoner, place the prisoner in the home detention program and provide that the prisoner be detained at the prisoner’s place of residence or other place designated by the sheriff or superintendent and be monitored by an active electronic monitoring system. The sheriff or superintendent shall establish reasonable terms of detention and ensure that the prisoner is provided a written statement of those terms, including a description of the detention monitoring procedures and requirements and of any applicable liability issues. The terms may include a requirement that the prisoner pay the county a daily fee to cover the county costs associated with monitoring him or her. The county may obtain payment under this subsection or s. 302.372, but may not collect for the same expenses twice.
302.425(3m)(3m) Placement of a juvenile in the program. The department or, upon the agreement of the department, the county department may place the juvenile in the home detention program and provide that the juvenile be detained at the juvenile’s place of residence or other place designated by the department or the county department and be monitored by an active electronic monitoring system. The department or the county department shall provide reasonable terms of detention and ensure that the juvenile receives a written statement of those terms, including a description of the detention monitoring procedures and requirements and of any applicable liability issues. The terms may include a requirement that the juvenile or his or her parent or guardian pay the county or state a daily fee to cover the costs associated with monitoring him or her.
302.425(4)(4) Departmental duties. The department shall ensure that electronic monitoring equipment units are available, pursuant to contractual agreements with county sheriffs and county departments, throughout the state on an equitable basis. If a prisoner is chosen under sub. (3) or a juvenile is chosen under sub. (3m) to participate in the home detention program, the department shall install and monitor electronic monitoring equipment. The department shall charge the county a daily per prisoner fee or per juvenile fee, whichever is applicable, to cover the department’s costs for these services.
302.425(5)(a)(a) Except as provided in par. (b), a prisoner in the home detention program is considered to be a jail prisoner but the place of detention is not subject to requirements for jails under this chapter.
302.425(5)(b)(b) Sections 302.36, 302.37 and 302.375 do not apply to prisoners in the home detention program.
302.425(6)(6) Escape. Any intentional failure of a prisoner to remain within the limits of his or her detention or to return to his or her place of detention, as specified in the terms of detention under sub. (3), is considered an escape under s. 946.42 (3) (a).
302.425(7)(b)(b) A person in jail pending the disposition of his or her parole, extended supervision, or probation revocation proceedings.
302.425 HistoryHistory: 1989 a. 122; 1991 a. 39; 1995 a. 26; 1995 a. 27 ss. 6374 to 6381, 9126 (19); 1995 a. 77, 225, 281; 1997 a. 35; 1999 a. 32; 2009 a. 28.
302.425 AnnotationA person subject to home detention under this section is not “in custody” and therefore is not entitled to sentence credit for time served under s. 973.155. State v. Swadley, 190 Wis. 2d 139, 526 N.W.2d 778 (Ct. App. 1994).
302.425 AnnotationThis section allows the sheriff to place persons on home monitoring when they are given jail time as a probation condition. A circuit court has no power to prohibit the sheriff from ordering home monitoring for a probationer ordered to serve jail time as a probation condition. By precluding the sheriff from releasing the probationer on home monitoring, the trial court substantially interfered with the sheriff’s power in violation of the separation of powers doctrine. State v. Schell, 2003 WI App 78, 261 Wis. 2d 841, 661 N.W.2d 503, 02-1394.
302.425 AnnotationA court cannot avoid the holding in Schell, 2003 WI App 78, by modifying the conditions of probation to order the probationer to refuse home monitoring. State v. Galecke, 2005 WI App 172, 285 Wis. 2d 691, 702 N.W.2d 392, 04-0779.
302.425 AnnotationThis section provides no authority for issuing orders to county sheriffs to transfer prisoners from one county jail to another. State v. Galecke, 2005 WI App 172, 285 Wis. 2d 691, 702 N.W.2d 392, 04-0779.
302.425 AnnotationUnder this section, a prisoner participating in the home detention program remains at all times “confined,” that is to say imprisoned, in a jail. The fact that the prisoner is “detained” during the prisoner’s participation in the program at a location other than a jail facility does not negate the fact that the prisoner remains confined in a jail for purposes of this section and, therefore, “confined in a correctional institution” for purposes of s. 940.225 (2) (h). State v. Hilgers, 2017 WI App 12, 373 Wis. 2d 756, 893 N.W.2d 261, 15-2256.
Notes of Decisions
Cited in 17
cases, 1992–2020 · leading case: State v. Magnuson, 2000 WI 19 (Wis. 2000).
State v. Magnuson, 2000 WI 19 (Wis. 2000). “This home detention as a condition of bond was not pursuant to an order from the sheriff or the Department of Corrections under Wis. Stat. § 302.425 (1997-98). 2 ¶ 6. Magnuson was formally supervised by a bail monitoring program and was required to wear an electronic monitoring…”
State Ex Rel. Simpson v. Schwarz, 2002 WI App 7 (Wis. Ct. App. 2001). “Simpson refers us to Wis. Stat. § 302.425 , regarding home detention programs.”
State v. Schell, 2003 WI App 78 (Wis. Ct. App. 2003). “09 2 and Wis. Stat. § 302.425 . 3 ¶ 8. Further, Schell frames the issue as whether *848 the court may modify its judgment after turning her over to serve her jail time solely because the court learned the sheriff had placed her on home detention.”
State v. Carter, 2010 WI 77 (Wis. 2010). “"This home detention as a condition of bond was not pursuant to an order from the sheriff or the Department of Corrections under Wis. Stat. § 302.425 (1997-98)." Id., ¶ 5 .”
Domka v. Portage Cnty., Wis., 523 F.3d 776 (7th Cir. 2008). “Wis. Stat. § 302.425 (2). The statute further provides: If a prisoner described under sub.”
United States v. Templeton, 543 F.3d 378 (7th Cir. 2008). “2d 536, 540-41 (2000), or who leave unsupervised confinement, such as house arrest, Wis. Stat. § 302.425 (6). Wisconsin allows prisoners to leave certain forms of confinement temporarily “for employment, education or other rehabilitative activities.”
State v. Kandutsch, 2011 WI 78 (Wis. 2011). “046(5) (requiring the Department of Corrections to use electronic monitoring of individual released to community residential confinement); 301.”
State Ex Rel. Thorson v. Schwarz, 2004 WI 96 (Wis. 2004). “[11] Among the other "custodial and restrictive situations" we named in Magnuson were the community residential confinement program ( Wis.”
State v. Swadley, 526 N.W.2d 778 (Wis. Ct. App. 1994). “This is an appeal from an order denying William Swadley's postconviction motion seeking sentence credit for time he spent in home detention pursuant to § 302.425, Stats. 1 We conclude that Swadley is not entitled to sentence credit while in home detention, and therefore affirm.”
State v. Harris, 2011 WI App 130 (Wis. Ct. App. 2011). “Wis. Stat. § 302.425 (l)(b) (" 'jail'" includes "house of correction"); State ex rel.”
State v. Galecke, 2005 WI App 172 (Wis. Ct. App. 2005). “§ 302.425 to determine which inmates are placed in the home detention program.”
State v. Eastman, 582 N.W.2d 749 (Wis. Ct. App. 1998). “While we do not address a sheriffs authority to place Eastman on monitored home detention under the facts of this case, we note that the language of § 302.425 appears to make the home detention alternative available to sheriffs in a broad range of custodial circumstances.”
— Wis. Stat. § 302.425(2) — 4 cases
State v. Schell, 2003 WI App 78 (Wis. Ct. App. 2003). “09 2 and Wis. Stat. § 302.425 . 3 ¶ 8. Further, Schell frames the issue as whether *848 the court may modify its judgment after turning her over to serve her jail time solely because the court learned the sheriff had placed her on home detention.”
State v. Galecke, 2005 WI App 172 (Wis. Ct. App. 2005). “§ 302.425 to determine which inmates are placed in the home detention program.”
State v. Eastman, 582 N.W.2d 749 (Wis. Ct. App. 1998). “While we do not address a sheriffs authority to place Eastman on monitored home detention under the facts of this case, we note that the language of § 302.425 appears to make the home detention alternative available to sheriffs in a broad range of custodial circumstances.”
Jamie A. Coogan v. Steven R. Michek, 2020 WI App 37 (Wis. Ct. App. 2020).
— Wis. Stat. § 302.425(3) — 1 case
State v. Galecke, 2005 WI App 172 (Wis. Ct. App. 2005). “§ 302.425 to determine which inmates are placed in the home detention program.”
— Wis. Stat. § 302.425(5) — 1 case
State v. Harris, 483 N.W.2d 808 (Wis. Ct. App. 1992).
— Wis. Stat. § 302.425(6) — 2 cases
State Ex Rel. Simpson v. Schwarz, 2002 WI App 7 (Wis. Ct. App. 2001). “Simpson refers us to Wis. Stat. § 302.425 , regarding home detention programs.”
State v. Swadley, 526 N.W.2d 778 (Wis. Ct. App. 1994). “This is an appeal from an order denying William Swadley's postconviction motion seeking sentence credit for time he spent in home detention pursuant to § 302.425, Stats. 1 We conclude that Swadley is not entitled to sentence credit while in home detention, and therefore affirm.”
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