2001 - 2002 LEGISLATURE
May 8, 2001 - Introduced by Representatives J. Fitzgerald, Albers, Bies, Duff,
Foti, Gunderson, Hahn, Hoven, Huebsch, Hundertmark, Jeskewitz, Kestell,
Krawczyk, Ladwig, J. Lehman, M. Lehman, Leibham, La Fave, D. Meyer,
Musser, Petrowski, Plouff, Powers, Starzyk, Sykora, Townsend, Urban,
Vrakas, Wade and
Ziegelbauer, cosponsored by Senators S. Fitzgerald,
Huelsman and Roessler. Referred to Committee on Corrections and the
1An Act to create
302.373 of the statutes; relating to: prisoner reimbursement
2to a municipality.
Analysis by the Legislative Reference Bureau
Under current law, the department of corrections (DOC) may charge a prisoner
for the some or all of the costs to DOC for the prisoner's incarceration in a state
facility. The law allows the attorney general to bring a civil action to recover any costs
DOC has not recovered. Current law also allows the county to seek reimbursement
from a prisoner for any expenses incurred by the county for incarcerating a prisoner
in a county jail who was sentenced for a crime. The county may commence an action
in circuit court to obtain a judgment for the expenses, and must do so within 12
months after the release of the prisoner or be barred from bringing the action.
Under current law, a city, village, or town is required to pay expenses incurred
by a county to imprison persons that a court orders imprisoned for failing to pay a
forfeiture and assessments and costs related to a municipal ordinance violation.
Under this bill, the city, village, or town may seek reimbursement from the prisoner
for the amount paid to a county for the expenses incurred by the county to incarcerate
the prisoner. The city, village, or town may commence an action in circuit court to
obtain a judgment for the expenses, and must do so within 12 months after the
release of the prisoner or be barred from bringing the action.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB382, s. 1
302.373 of the statutes is created to read:
2302.373 Prisoner reimbursement to municipality. (1)
In this section:
(a) "Jail" means a county jail, a rehabilitation facility established by s. 59.53 4
(8), or a county house of correction under s. 303.16.
(b) "Prisoner" means a person who is incarcerated in a jail by court order under 6
s. 800.095 (4) (b) 1.
(a) Except as provided in par. (b), a city, village, or town may seek 8
reimbursement from the prisoner for the amount paid to a county under s. 800.095 9
(6) for the expenses incurred by the county to incarcerate the prisoner.
(b) This section applies to expenses incurred after the effective date of this 11
paragraph .... [revisor inserts date].
Within 12 months after the release of a prisoner from jail, the city, village, 13
or town shall commence a civil action in circuit court to obtain a judgment for the 14
amount paid to the county under sub. (2) or be barred.
Before entering a judgment in an action under sub. (3) for a city, village, or 16
town, the court shall consider any legal obligations of the defendant for support or 17
maintenance under ch. 767 and any moral obligation of the defendant to support 18
dependants and may reduce the amount of the judgment entered for the city, village, 19
or town based on those obligations.