157.02 Disposal of unclaimed corpses.

(1g) Definition. In this section, “burial" has the meaning given in s. 157.061 (1).

Note: Sub. (1g) was created as sub. (1) (a) by 2017 Wis. Act 246 and renumbered to sub. (1g) by the legislative reference bureau under s. 13.92 (1) (bm) 2. Sub. (1g) (title) is inserted by the legislative reference bureau under s. 35.17.

(1r) Notice to relatives.

(am) When an inmate of any state, county or municipal institution dies, the superintendent or other person in charge of the institution shall immediately notify a relative of the decedent. A public officer having the possession or the disposition of a corpse shall immediately notify a relative of the decedent. If no relative is known, or discoverable by use of ordinary diligence, notice may be dispensed with.

(b) If the deceased had been an inmate of a state correctional institution, the department of corrections shall provide written notification to the relative informing him or her that the department of corrections, upon request, will do any or all of the following:

1. Provide a copy of any autopsy report or other report or information pertaining to the death.

2. Allow the relative to claim the cremated remains of the inmate before burial of the remains.

(c) The department of corrections shall describe how requests under par. (b) may be made and shall promptly comply with any such request.

Note: Sub. (1r) (title), (am), (b), and (c) were renumbered from sub. (1) (title), (am), (b), and (c), as affected by 2017 Wis. Act 246, to sub. (1r) (title), (am), (b), and (c) by the legislative reference bureau under s. 13.92 (1) (bm) 2.

(2) Time allowed relative to act. If a relative or friend fails to arrange for taking charge of the corpse within a reasonable time after death, the superintendent or other officer may proceed as provided in this section, but relatives or friends may claim the corpse at any time before it has been delivered pursuant to sub. (3) or, if a request is made under sub. (1r) (b) 2., after it has been cremated but before burial of the cremated remains under sub. (5).

Note: The cross-reference to sub. (1r) (b) 2. was changed from sub. (1) (b) 2. by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of sub. (1), as affected by 2017 Wis. Act 246.

(3) Notice to university or school. If the corpse is in the Mendota Mental Health Institute district, the University of Wisconsin shall be notified that it may have the corpse. If the corpse is in the Winnebago Mental Health Institute district, the Medical College of Wisconsin, Inc., or any accredited school of mortuary science at Milwaukee shall be notified that it may have the corpse. The university or school so notified shall immediately inform the superintendent or public officer whether it desires to have the corpse. If it does, the corpse shall be delivered accordingly, properly encased, to the most available facility for transportation to the consignee, the consignee to pay the cost of transportation.

(4) Standing applications. If there are advance applications for such bodies, by the Medical College of Wisconsin, Inc., or any accredited school of mortuary science, the superintendent or public officer shall make an equitable distribution between them.

(5) Other disposition. If the corpse is not disposed of under subs. (1r) to (4), the superintendent or public officer shall properly bury it, or cremate it, subject to s. 979.10, and bury the cremated remains.

Note: The cross-reference to sub. (1r) was changed from sub. (1) by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of sub. (1), as affected by 2017 Wis. Act 246.

History: 1971 c. 211; 1973 c. 90 s. 560 (3); 1985 a. 316 s. 14; Stats. 1985 s. 157.02; 1987 a. 27; 1989 a. 31; 2001 a. 103; 2017 a. 246; s. 13.92 (1) (bm) 2; s. 35.17 correction in (1g) (title).