2001 - 2002 LEGISLATURE
May 14, 2001 - Introduced by Representatives Freese, Albers, Balow, Berceau,
Coggs, Johnsrud, McCormick, Pettis, Ryba, Sherman, Shilling, Sykora and
Turner, cosponsored by Senators Moen, Roessler and Schultz. Referred to
Committee on Corrections and the Courts.
1An Act to renumber and amend
302.27; and to create
302.27 (2) of the 2
statutes; relating to: the detention of state prisoners in county jails.
Analysis by the Legislative Reference Bureau
Under current law, the department of corrections (DOC) may contract with
local governments for temporary housing or detention in county jails or county
houses of correction for persons sentenced to imprisonment in state prisons or to the
intensive sanctions program.
Under current law, participants under the Wisconsin retirement system (WRS)
whose principal duties involve law enforcement or fire suppression or prevention and
require frequent exposure to a high degree of danger or peril and a high degree of
physical conditioning are classified as protective occupation participants. Current
law specifically classifies police officers, fire fighters, and various other individuals
as protective occupation participants. Under the WRS, the normal retirement age
of a protective occupation participant is lower than that of other participants and the
percentage multiplier used to calculate retirement annuities is higher for protective
occupation participants than for other participants. Under current law, however, not
all county jailers are classified as protective occupation participants; only those
county jailers whose principal duties involve law enforcement and require frequent
exposure to a high degree of danger or peril and a high degree of physical
conditioning are so classified.
This bill provides that DOC may not place in a county jail any state prisoner
unless the county jailers employed at the jail are protective occupation participants
under the WRS.
For further information see the state 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:
AB390, s. 1
302.27 of the statutes is renumbered 302.27 (1) and amended to 2
302.27 (1) The Except as provided in sub. (2) (b), the
department may contract 4
with local governments for temporary housing or detention in county jails or county 5
houses of correction for persons sentenced to imprisonment in state prisons or to the 6
intensive sanctions program. The rate under any such contract may not exceed $60 7
per person per day. Nothing in this section subsection
limits the authority of the 8
department to place persons in jails under s. 301.048 (3) (a) 1.
AB390, s. 2
302.27 (2) of the statutes is created to read:
(a) In this subsection, "jailer" means any employee of a county jail, 11
except one whose principal duties are those of a telephone operator, clerk, 12
stenographer, machinist, or mechanic or whose functions do not clearly fall within 13
the scope of active law enforcement even though such an employee is subject to 14
occasional call, or is occasionally called upon, to perform duties within the scope of 15
active law enforcement. "Jailer" includes any person regularly employed and 16
qualifying as a jailer, even if temporarily assigned to other duties.
(b) The department may not contract with local governments for temporary 18
housing or detention in county jails of persons under sub. (1) unless the jailers 19
employed at the county jail are protective occupation participants, as defined in s. 20
(1) This act first applies to contracts entered into or modified on the effective 2
date of this subsection.