Do inmates lose their right to enter into a legal contract while
incarcerated in the state of Wisconsin?
I contacted the Wisconsin Department of Corrections in search of an
answer to your query. They responded quickly and very helpfully. Here
is the text of their email to me:
After speaking with legal counsel and our Security Chief, the
answer is: it
depends. Legally, inmates are not restricted from signing
contracts, for
example, for a magazine subscription. But our Administrative Rules
restrict
enterprises and fraud. I refer you to the Corrections section:
http://www.legis.state.wi.us/rsb/code/. (On this page, enter DOC
303.32 to
read the revelant rules.)
I suggest the inmate would ask the prison staff whether the
contract would
be allowed while the person is incarcerated.
I have read 303.32 and it seems to contain nothing barring inmates
from entering into a legal contract. However, it does seems to bar
them from entering credit-purchase agreements (a kind of contract) in
303.32(2).
If you have any further questions, I would suggest you contact William
Clausius, the Public Information Officer at the Wisconsin Department
of Corrections. His email address is:
William.Clausius@doc.state.wi.us. He is the person who responded to my
inquiry.
303.32, seems to contain nothing specifically barring an inmate from
entering a contract. However, it does seem to bar an inmate from
buying something on credit (an greement to "pay later.")
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Inmate Rights