Amendment ASA1-AB444

LRBs0269/2

JEO/RPN:skg&kmg:km

1995 - 1996 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, To 1995 ASSEMBLY BILL 444

October 26, 1995 - Offered by Representative Seratti.

AB444-ASA1,1,4 An Act to amend 71.935 (1) (a), 301.37 (1), 302.38 (4), 302.381, 302.425 (1) (b), 302.425 (3), 351.08, 973.03 (3) (d) and 973.09 (4); and to create 71.78 (4) (p), 102.07 (17), 161.01 (12m) (f), 302.372, 303.08 (5m) and 303.10 of the statutes; relating to: county prisoners and county work camps.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB444-ASA1, s. 1 Section 1. 71.78 (4) (p) of the statutes is created to read:

AB444-ASA1,1,7 71.78 (4) (p) A municipality or county for the purpose of verifying information provided by a person on a form under s. 302.372 (2) (b).

AB444-ASA1, s. 2 Section 2. 71.935 (1) (a) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

AB444-ASA1,1,13 71.935 (1) (a) "Debt" means an unpaid fine, fee, restitution or forfeiture of at least $20 or unpaid reimbursement for expenses of at least $20 to which the county is entitled under s. 302.372, 302.38 (4), 302.381, 302.425 (3), 303.08 (5m) or 303.10 (6).

AB444-ASA1, s. 3 Section 3. 102.07 (17) of the statutes is created to read:

AB444-ASA1,2,3 102.07 (17) A prisoner of a county jail who is assigned to a work camp under s. 303.10 is not an employe of the county or counties providing the work camp while the prisoner is working under s. 303.10 (3).

AB444-ASA1, s. 4 Section 4. 161.01 (12m) (f) of the statutes is created to read:

AB444-ASA1,2,5 161.01 (12m) (f) A work camp under s. 303.10.

AB444-ASA1, s. 5 Section 5. 301.37 (1) of the statutes is amended to read:

AB444-ASA1,2,14 301.37 (1) The department shall fix reasonable standards and regulations for the design, construction, repair and maintenance of houses of correction, reforestation camps maintained under s. 303.07, jails as defined in s. 302.30, extensions of jails under s. 59.68 (7), rehabilitation facilities under s. 59.07 (76), lockup facilities as defined in s. 302.30, work camps under s. 303.10, Huber facilities under s. 303.09 and, after consulting with the department of health and social services, secure detention facilities, with respect to their adequacy and fitness for the needs which they are to serve.

AB444-ASA1, s. 6 Section 6. 302.372 of the statutes is created to read:

AB444-ASA1,2,17 302.372 Prisoner reimbursement to a county. (1) Definitions. In this section:

AB444-ASA1,2,19 (a) "Jail" includes a house of correction, Huber facility under s. 303.09 or a work camp under s. 303.10.

AB444-ASA1,2,20 (b) "Jailer" includes a sheriff, superintendent or other keeper of a jail.

AB444-ASA1,2,24 (2) Reimbursement of expenses; county option. (a) Except as provided in pars. (c) and (d), a county may seek reimbursement for any expenses incurred by the county in relation to the crime for which a person was sentenced to a county jail, or for which the person was placed on probation and confined in jail, as follows:

AB444-ASA1,3,4 1. From each person who is or was a prisoner, not more than the actual per-day cost of maintaining that prisoner, as set by the county board by ordinance, for the entire period of time that the person is or was confined in the jail, including any period of pretrial detention.

AB444-ASA1,3,5 2. To investigate the financial status of the person.

AB444-ASA1,3,7 3. Any other expenses incurred by the county in order to collect payments under this section.

AB444-ASA1,3,17 (b) Before seeking any reimbursement under this section, the county shall provide a form to be used for determining the financial status of prisoners. The form shall provide for obtaining the social security number of the prisoner, the age and marital status of a prisoner, the number and ages of children of a prisoner, the number and ages of other dependents of a prisoner, the income of a prisoner, type and value of real estate owned by a prisoner, type and value of personal property owned by a prisoner, the prisoner's cash and financial institution accounts, type and value of the prisoner's investments, pensions and annuities and any other personality of significant cash value owned by a prisoner. The county shall use the form whenever investigating the financial status of prisoners.

AB444-ASA1,3,19 (c) This section applies to expenses incurred on or after the effective date of this paragraph .... [revisor inserts date].

AB444-ASA1,3,25 (d) The jailer shall choose, for each prisoner, whether to seek reimbursement under this section or as otherwise provided in chs. 301 to 303, but may not collect for the same expenses twice. The jailer may choose to seek reimbursement for the expenses under sub. (2) (a) using the method under sub. (5), the method under sub. (6) or a combination of both methods, but may not seek reimbursement for the same expenses twice.

AB444-ASA1,4,7 (3) List of prisoners; information; reports. At the request of the county board, the jailer shall provide the board with a list containing the name of each sentenced prisoner or prisoner confined as a condition of probation, the term of sentence or confinement, and the date of admission, together with information regarding the financial status of each prisoner. The county board may direct the district attorney or corporation counsel for the county to investigate any information provided under this subsection to enable the county to obtain reimbursement under this section.

AB444-ASA1,4,13 (4) Prisoner cooperation. A prisoner in a jail shall cooperate with the county in seeking reimbursement under this section for expenses incurred by the county for that prisoner. A prisoner who intentionally refuses to cooperate under this subsection may not earn good time credit under s. 302.43 or diminution of sentence under s. 303.19 (3). If the prisoner is confined as a condition of probation, refusal to cooperate is a ground for revocation of probation.

AB444-ASA1,4,19 (5) Charge to obtain reimbursement. The jailer may charge a prisoner for the expenses under sub. (2) (a) while he or she is a prisoner. If the jailer maintains an institutional account for a prisoner's use for payment for items from canteen, vending or similar services, the jailer may make deductions from the account to pay for the expenses under sub. (2) (a). Any money collected under this subsection shall be deposited in the county treasury.

AB444-ASA1,4,25 (6) Action to obtain reimbursement. (a) Within 12 months after the release of a prisoner from jail, the district attorney or corporation counsel for the county where the jail is located shall commence a civil action in circuit court to obtain a judgment for the expenses under sub. (2) (a) or be barred. The jailer shall provide any assistance that the district attorney or corporation counsel requests related to an action under this subsection.

AB444-ASA1,5,2 (b) An action commenced under this subsection shall be commenced in the county where the jail is located or in the county where the defendant resides.

AB444-ASA1,5,6 (c) The complaint in an action commenced under this subsection shall include the date and place of the sentence, the length of time of the sentence, the length of time actually served in the jail and the amount of expenses incurred by the county under sub. (2) (a).

AB444-ASA1,5,10 (d) Before entering a judgment for the county, the court shall consider any legal obligations of the defendant for support or maintenance under ch. 767 and any moral obligation of the defendant to support dependants and may reduce the amount of the judgment entered for the county based on those obligations.

AB444-ASA1,5,12 (e) Any money obtained as the result of an action commenced under this subsection shall be deposited in the county treasury.

AB444-ASA1, s. 7 Section 7. 302.38 (4) of the statutes, as affected by 1995 Wisconsin Act 43, is amended to read:

AB444-ASA1,5,20 302.38 (4) The governmental unit paying the costs of medical or hospital care under this section, regardless of whether the care is provided in or out of the jail or house of correction, may collect the value of the same from the prisoner or the prisoner's estate as provided for in s. 49.08. If applicable, the governmental unit may proceed to collect under this section or may seek reimbursement under s. 302.372, but may not collect for the same expenses twice.

AB444-ASA1, s. 8 Section 8. 302.381 of the statutes is amended to read:

AB444-ASA1,6,3 302.381 Emergency services for crisis intervention for prisoners. The costs of providing emergency services for crisis intervention for prisoners of a jail or house of correction with medical illnesses or disabilities, mental illnesses, developmental disabilities or alcohol or other drug abuse problems are payable according to the criteria under s. 302.38 (2). If applicable, a county may seek payment under this section or seek reimbursement under s. 302.372, but may not collect for the same expenses twice.

AB444-ASA1, s. 9 Section 9. 302.425 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB444-ASA1,6,7 302.425 (1) (b) "Jail" includes a house of correction, a work camp under s. 303.10 and a Huber facility under s. 303.09.

AB444-ASA1, s. 10 Section 10. 302.425 (3) of the statutes, as affected by 1995 Wisconsin Acts 26 and 27, is amended to read:

AB444-ASA1,6,21 302.425 (3) Placement of a prisoner in the program. If a prisoner described under sub. (2) and the department of corrections agree, the sheriff or superintendent may 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.

AB444-ASA1, s. 11 Section 11. 303.08 (5m) of the statutes is created to read:

AB444-ASA1,6,24 303.08 (5m) A county may receive payments under sub. (5) (a) and (b) or seek reimbursement under s. 302.372, but may not collect for the same expenses twice.

AB444-ASA1, s. 12 Section 12. 303.10 of the statutes is created to read:

AB444-ASA1,7,4 303.10 County work camp. (1) (a) Subject to par. (b), the county board of any county may provide a work camp for the reformation and employment of persons sentenced to the county jail. Any 2 or more counties may jointly provide one work camp.

AB444-ASA1,7,11 (b) Before establishing a work camp under par. (a), the county board or, if 2 or more counties want jointly to provide one work camp, the county boards of all of the counties providing the work camp shall agree with the sheriff who will administer the work camp concerning the staffing level of the work camp. If the bounty board or, if applicable, county boards and the sheriff do not reach an agreement concerning the staffing level of a work camp, the county board or, if applicable, county boards may not establish the work camp.

AB444-ASA1,7,18 (1g) If a county board establishes a work camp under sub. (1), the sheriff of the county or a person designated by that sheriff shall administer the work camp unless the county board provides otherwise. If 2 or more counties jointly provide for one work camp under sub. (1), the sheriff of the county in which the work camp is located, or a person designated by that sheriff, shall administer the work camp unless the county boards of the counties that jointly established the work camp provide otherwise by unanimous agreement.

AB444-ASA1,7,22 (1r) A work camp established under sub. (1) may be located within the house of correction of the county in which the work camp is located, if the county has a house of correction and if the work camp is operated as a separate unit from the house of correction.