State Codes and Statutes

Statutes > Wisconsin > 302 > 302.446

302.446

302.446 Confinement of tribal prisoners in county jails.

302.446(1)

(1) The county board and the sheriff of any county may enter into an agreement with the elected governing body of a federally recognized American Indian tribe or band in this state for the confinement in the county jail of a person who is being confined for any of the following reasons:

302.446(1)(a)

(a) The person has been arrested by a tribal law enforcement officer for violating a tribal statute or ordinance.

302.446(1)(b)

(b) The person has been ordered incarcerated by a tribal court.

302.446(1)(c)

(c) The person is being held in custody for any cause authorized by tribal law.

302.446(2)

(2) Notwithstanding ss. 302.33 (1), 302.37, 302.38, 302.381, 302.383, 302.41, 302.43 and 303.08, the tribe or tribal official designated by the tribe retains responsibility for the prisoners for providing custody, care, treatment, services, leave privileges and food and for determining good time as if they remained tribal prisoners, except that the tribe or tribal official designated by the tribe may delegate, under the agreement, any of the responsibility to the sheriff. The county jail is not subject to any of the requirements for tribal jails unless otherwise provided under the agreement.

302.446 - ANNOT.

History: 1995 a. 379.