2001 - 2002 LEGISLATURE
February 26, 2002 - Introduced by Representatives Pocan, Berceau, Bock,
Carpenter, Lassa, Miller, Morris-Tatum, Musser, Plouff, Ryba and Young,
cosponsored by Senators Risser, Cowles, Decker, George, Moore and
Plache. Referred to Committee on Corrections and the Courts.
1An Act to create
13.0975 of the statutes; relating to: prison impact
Analysis by the Legislative Reference Bureau
Current law provides that a fiscal estimate be prepared for most legislative
bills. A fiscal estimate for a bill is prepared by the appropriate state agency.
However, current law exempts a bill containing penalty provisions from this
procedure if no other provision of the bill requires a fiscal estimate.
This bill provides that the department of corrections (DOC) must provide a
prison impact assessment for any bill or bill draft that creates a felony (crime
punishable by imprisonment in the state prison system) or modifies the period of
imprisonment for a felony. DOC has 21 days in which to prepare the assessment,
beginning with the date on which DOC receives a copy of an introduced bill from the
legislative reference bureau or the date on which the requester of the bill draft asks
for the assessment, whichever occurs first. The assessment includes estimates of the
population of prisoners, probationers, parolees, and persons on extended
supervision; a fiscal estimate regarding the impact on prison construction and
operation; an analysis of the impact on prosecutors, the state public defender, and
the courts; and a description of the assumptions and methodologies that were used
to prepare the assessment. The bill provides that no legislative action on the bill or
bill draft may be taken until the assessment is prepared. In addition, DOC must
prepare a yearly total prison impact assessment. The office of justice assistance in
the department of administration and the director of state courts must help DOC by
providing it with relevant information.
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:
AB861, s. 1
13.0975 of the statutes is created to read:
213.0975 Prison impact assessments. (1)
In this section:
(a) "Department" means the department of corrections.
(b) "Prison" means a state prison described under s. 302.01.
The department shall prepare a prison impact assessment for any bill or, 6
if requested, for any bill draft that creates a felony or modifies the period of 7
imprisonment for a felony. Except as otherwise provided by the joint rules of the 8
legislature, the department shall prepare the assessment within 21 calendar days 9
after the date on which the department receives a copy of a bill under sub. (4) or the 10
date on which the department receives a request to prepare the assessment from the 11
requester of the bill draft, whichever occurs first. The assessment shall contain all 12
of the following:
(a) Projections of the impact on statewide populations of prisoners, 14
probationers, parolees, and persons on extended supervision.
(b) An estimate of the fiscal impact of population changes under par. (a) on state 16
expenditures, including expenditures for the construction and operation of state 17
prisons for the current fiscal year and the 5 succeeding fiscal years.
(c) An analysis of any significant factor, not covered in complying with pars. (a) 19
and (b), affecting the cost of the bill or bill draft and the factor's impact on 20
prosecutors, the state public defender, and courts.
(d) A statement of the methodologies and assumptions that the department 2
used in preparing the assessment.
The legislature shall reproduce and distribute assessments under sub. (2) 4
in the same manner as it reproduces and distributes amendments.
A bill draft that requires an assessment by the department under this 6
section shall have that requirement noted on its jacket when the jacket is prepared. 7
When a bill that requires an assessment under this section is introduced, the 8
legislative reference bureau shall submit a copy of the bill to the department.
No public hearing before a standing committee may be held, and no 10
committee vote may be taken regarding any bill or bill draft described in sub. (2) 11
unless the assessment under sub. (2) has been prepared.
Annually, by March 1, the department shall submit to the legislature under 13
s. 13.172 (2) a prison impact assessment reflecting the cumulative effect of all 14
relevant changes in the statutes taking effect during the preceding calendar year.
The director of state courts and the office of justice assistance in the 16
department of administration shall provide the department with information to 17
assist the department in preparing assessments under subs. (2) and (6).
This section applies to bills introduced or requests for assessments for bill 19
drafts made on or after July 1, 2002.
(1) Transfer of records.
The department of administration shall transfer all 22
records of the sentencing commission to the department as soon as possible after the 23
effective date of this subsection.