1995 - 1996 LEGISLATURE
March 13, 1996 - Introduced by Representatives Prosser, Grothman, Ladwig,
Lazich, Zukowski, Otte, Vrakas, Huebsch, Schneiders, Owens, Walker,
Ainsworth, Klusman, Underheim, Goetsch, Gard, Handrick
and Skindrud,
cosponsored by Senators Zien, Drzewiecki, Welch, Rosenzweig, Huelsman,
Weeden, Ellis, Farrow, A. Lasee, Buettner, Cowles, Schultz, Darling,
Panzer
and Fitzgerald. Referred to Committee on Criminal Justice and
Corrections.
AB1017,1,3 1An Act to amend 301.21 (title), 301.21 (1) (intro.), 301.21 (1) (e), 301.21 (1) (g),
2301.21 (1) (j), 301.21 (2) and 302.02 (3t) of the statutes; relating to: contracts
3providing for the confinement of prisoners of this state in another state.
Analysis by the Legislative Reference Bureau
Under current law, the department of corrections (DOC) may enter into
contracts with Minnesota or with other states that are a party to the interstate
corrections compact (a party state) to provide for the confinement in Minnesota or
the party state of prisoners who have been committed to the custody of DOC. A
contract involving the transfer of more than 10 prisoners to any one state other than
Minnesota in a fiscal year must be approved by the legislature or by the joint
committee on finance.
Current law requires a contract with Minnesota or a party state to contain
certain provisions, including provisions relating to all of the following: 1) the costs
of maintaining a prisoner transferred under a contract; 2) participation by a
transferred prisoner in employment programs; 3) the delivery and retaking of
prisoners under the contract; and 4) any other matters that are necessary and
appropriate to fix the obligations, responsibilities and rights of this state and
Minnesota or the party state. In addition, under current law a contract with
Minnesota must provide for procedures for probation, parole and discharge of a
transferred prisoner and procedures for Minnesota officials to report to DOC
concerning Wisconsin prisoners. A contract with Minnesota also must provide for
the waiver of extradition by both Minnesota and this state.
Current law also specifies that a prisoner who has been transferred to
Minnesota under a contract authorized under current law is subject to all of the laws
and regulations that relate to the confinement of a person who violates Minnesota
law, unless the contract provides otherwise. Finally, a prisoner transferred to
Minnesota must be treated in accordance with the same standards of reasonable and
humane care as the prisoners would receive in an appropriate institution in this

state, while a prisoner transferred to a party state must be treated in a reasonable
and humane manner and must be treated equally with similar prisoners of the party
state confined in the same institution.
This bill provides that DOC may enter into contracts with any other state or
with a political subdivision of any other state to provide for the confinement in that
other state of a prisoner committed to the custody of DOC. A contract with another
state or a political subdivision of a state authorized by this bill is subject to the same
provisions and requirements as those specified for a contract with Minnesota under
current law.
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:
AB1017, s. 1 1Section 1. 301.21 (title) of the statutes is amended to read:
AB1017,2,2 2301.21 (title) Contracts with Minnesota other states.
AB1017, s. 2 3Section 2. 301.21 (1) (intro.) of the statutes is amended to read:
AB1017,2,84 301.21 (1) (intro.) The department may enter into one or more contracts with
5the another state of Minnesota or a political subdivision of another state for the
6transfer and confinement in Minnesota that state of prisoners who have been
7committed to the custody of the department. Any such contract shall provide for all
8of the following:
AB1017, s. 3 9Section 3. 301.21 (1) (e) of the statutes is amended to read:
AB1017,2,1110 301.21 (1) (e) Waiver of extradition by Minnesota and Wisconsin and the state
11to which the prisoners are transferred
.
AB1017, s. 4 12Section 4. 301.21 (1) (g) of the statutes is amended to read:
AB1017,2,1513 301.21 (1) (g) Regular reporting procedures concerning Wisconsin prisoners by
14Minnesota officials on Wisconsin prisoners of the state or political subdivision with
15which the department is contracting
.
AB1017, s. 5 16Section 5. 301.21 (1) (j) of the statutes is amended to read:
AB1017,3,3
1301.21 (1) (j) Any other matters as are necessary and appropriate to fix the
2obligations, responsibilities and rights of Minnesota and Wisconsin and the state or
3political subdivision with which the department is contracting
.
AB1017, s. 6 4Section 6. 301.21 (2) of the statutes is amended to read:
AB1017,3,95 301.21 (2) Inmates from Wisconsin state prisons while in Minnesota
6institutions
an institution in another state are subject to all provisions of law and
7regulation concerning the confinement of persons committed for violations of the
8laws of Minnesota that state, except as otherwise provided for by any contract
9entered into under sub. (1).
AB1017, s. 7 10Section 7. 302.02 (3t) of the statutes is amended to read:
AB1017,3,1611 302.02 (3t) (title) Minnesota Other states' institutions. For all purposes of
12discipline and for judicial proceedings, each Minnesota institution of another state
13or of a political subdivision of another state
authorized for use under s. 301.21 and
14the precincts thereof shall be deemed to be in a county in which the institution is
15physically located, and the courts of that county shall have jurisdiction of any
16activity, wherever located, conducted by such Minnesota the institution.
AB1017,3,1717 (End)
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