A judge ordered that my son get huber privileges to get drug counseling. The jail refuses to let him out for his appointments because they said it is against their policy. Can they do that?
Generally, yes, in WI the Sheriff is an independent constitutional officer that determines how they keep their prisoners. The Judge grants Huber privileges, but the Sheriff administers them. However, I would suggest checking with your son's lawyer to see if they can find out whether it is letting him out for counseling that is the issue, or whether it has something to do with his documentation for these appointments.
This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.
The judge orders that a jail sentence be served with Huber release for certain things. The Sheriff's Department sets the rules and regulations regarding Huber release. The Wisconsin Statutes allow a county to delegate certain duties to the sheriff's department in their county. All of the counties in Wisconsin have delegated this authority to the sheriff's departments. So, it is not really a matter of "overruling" the judge, as much as it is putting limits and requirements on Huber release.
This communication is for the purposes of general advice only. This communication does not form any contractual obligation on behalf of Attorney Stephen W. Sawyer or the Law Offices of Stephen W. Sawyer.
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