AB153: Bill Text

LRB-2473/3

RAC&GMM&JEO:mfd:kat

1997 - 1998 LEGISLATURE

1997 Assembly BILL 153

March 4, 1997 - Introduced by Representatives Goetsch, Walker, Ladwig, Porter and Johnsrud. Referred to Joint committee on Finance.

AB153,1,11 An Act to amend 20.410 (1) (a), 20.410 (1) (ab), 20.410 (3) (hm), 301.46 (2) (e), 301.46 (2m) (c), 302.01 and 302.02 (3t); to repeal and recreate 303.01 (2) (em); to create 301.22 of the statutes; and to affect 1995 Wisconsin Act 352, section 135 (2) (title) and 1995 Wisconsin Act 352, section 135 (2); relating to: the temporary placement of young adult offenders at a juvenile secured correctional facility; notification of the general public concerning sex offenders; increasing the number of private businesses that lease space in state prisons or correctional institutions operated by the department of corrections; contracts with private persons for the transfer and confinement of state prisoners in institutions located in another state; providing an exemption from rule-making procedures; and making appropriations.

Analysis by the Legislative Reference Bureau

Under current law, the department of corrections (DOC) is authorized to purchase or accept a gift of land and an existing facility for a suitable site selected by the building commission for an additional secured juvenile correctional facility. Currently, the site selected by the building commission for that facility is located at Prairie du Chien in Crawford County. This bill authorizes DOC, from July 1, 1997, until July 1, 1998, to operate the secured juvenile correctional facility at Prairie du Chien as a state prison for young adult prisoners. The bill permits the secretary of corrections to direct the division of adult institutions in DOC and the division of juvenile correctional services in DOC to enter into an intra-agency agreement for the use of the Prairie du Chien secured juvenile correctional facility as a state prison and requires the agreement to provide that the division of adult institutions in DOC must reimburse the division of juvenile correctional services in DOC for the full cost of start-up and training in preparation for operating that secured juvenile correctional facility as a state prison and for the full cost, not to exceed $65 per person per day, of operating that facility as a state prison.

Under current law, DOC is required, until July 1, 1997, to administer the laws relating to juvenile corrections according to policies and procedures established by DOC, but not promulgated as rules. This bill requires DOC to administer those laws according to those policies and procedures until such time as DOC promulgates rules to administer those laws.

Under current law, a person must register as a sex offender if he or she has been convicted of certain sex offenses, found not guilty of certain sex offenses by reason of mental disease or defect or adjudicated delinquent on the basis of certain sex offenses. DOC must maintain a registry of sex offenders that contains specified information concerning persons required to register as a sex offender.

Generally, the information in the sex offender registry is confidential. However, beginning on June 1, 1997, DOC or other state agencies that have custody or control of a sex offender may release information from the registry to certain persons, including local law enforcement agencies, certain community organizations and the general public. In addition, if a local law enforcement agency believes that it is necessary to protect the public, it may provide to community organizations or to a member of the general public who is making a request information that it has received from DOC or another state agency.

This bill provides that if a local law enforcement agency believes that it is necessary to protect the public, the law enforcement agency may provide to the general public information that it has received from DOC or another state agency.

Current law provides that there may be no more than 3 private businesses that lease space in the state prisons or correctional institutions operated by DOC and that employ prison or institution residents to manufacture products or components or to provide services for sale on the open market. This bill increases the number of such private businesses to 11.

Current statutory text provides that "[The department may select a business or enter into a lease under this paragraph only with the approval of the joint committee on finance.]". The bracketed language is included in a statutory unit that was created in 1995 Wisconsin Act 27, section 6384, but the text in the brackets was vetoed by the governor. However, 1995 Wisconsin Act 27, section 6385, amended the same statutory unit and the language in the brackets was not vetoed by the governor (the text appears in section 6385 as plain text in an amended statutory unit). This bill removes this bracketed language from the statutes.

Under current law, DOC is authorized to enter into contracts with other states or political subdivisions of other states for the transfer and confinement of Wisconsin prisoners. If the contract involves the transfer of more than 10 prisoners in any fiscal year to any state or to any one political subdivision of another state, DOC may only enter into the contract if it is approved by the legislature by law or by the joint committee on finance.

This bill authorizes DOC to enter into contracts with private persons for the transfer and confinement of Wisconsin prisoners in another state.

For further information see the state and 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:

AB153, s. 1 Section 1. 20.410 (1) (a) of the statutes is amended to read:

AB153,3,6 20.410 (1) (a) General program operations. The amounts in the schedule to operate institutions and, to provide field services and administrative services and to provide reimbursement under 1997 Wisconsin Act .... (this act), section 12 (1 ) (a). No payments may be made under this paragraph for payments in accordance with other states party to the interstate corrections compact under s. 302.25.

AB153, s. 2 Section 2. 20.410 (1) (ab) of the statutes is amended to read:

AB153,3,13 20.410 (1) (ab) (title) Intergovernmental corrections Corrections agreements. The amounts in the schedule for payments made in accordance with contracts entered into with other states party to the interstate corrections compact under s. 302.25, including payments in accordance with contracts entered into under s. 301.21, and for payments for placements in accordance with contracts under s. ss. 301.22 and 302.27.

AB153, s. 3 Section 3. 20.410 (3) (hm) of the statutes is amended to read:

AB153,4,21 20.410 (3) (hm) Juvenile correctional services. Except as provided in pars. (ho) and (hr), the amounts in the schedule for juvenile correctional services specified in s. 301.26 (4) (c) and (d) and for the start-up, training and operating costs of the correctional institution authorized under 1997 Wisconsin Act .... (this act), section 12 (1 ) (a). All moneys received from the sale of surplus property, including vehicles, from juvenile correctional institutions operated by the department, all moneys received as payments in restitution of property damaged at juvenile correctional institutions operated by the department, all moneys received from miscellaneous services provided at a juvenile correctional institution operated by the department, all moneys transferred under s. 301.26 (4) (cm), all moneys received under 1997 Wisconsin Act .... (this act), section 12 (1) (a ) and, except as provided in par. (hr), all moneys received in payment for juvenile correctional services specified in s. 301.26 (4) (d) and (dt) shall be credited to this appropriation account. If moneys generated by the monthly daily rate under s. 301.26 (4) (d) exceed actual fiscal year institutional costs, other than the start-up, training and operating costs of the correctional institution authorized under 1997 Wisconsin Act .... (this act), section 12 (1 ) (a), by 2% or more, all moneys in excess of that 2% shall be remitted to the counties during the subsequent calendar year or transferred to the appropriation account under par. (kx) during the subsequent fiscal year. Each county and the department shall receive a proportionate share of the remittance and transfer depending on the total number of days of placement at juvenile correctional institutions. Counties shall use the funds for purposes specified in s. 301.26. The department shall deposit in the general fund the amounts transferred under this paragraph to the appropriation account under par. (kx).

AB153, s. 4 Section 4. 301.22 of the statutes is created to read:

AB153,5,2 301.22 Contracts with private persons for the transfer and confinement of Wisconsin prisoners in other states. (1) The department may enter into one or more contracts with a private person for the transfer and confinement in another state of prisoners who have been committed to the custody of the department. Any such contract shall provide for all of the following:

AB153,5,3 (a) A termination date.

AB153,5,7 (b) Provisions concerning the costs of prisoner maintenance, extraordinary medical and dental expenses and any participation in or receipt by prisoners of rehabilitative or correctional services, facilities, programs or treatment, including those costs not reasonably included as part of normal maintenance.

AB153,5,11 (c) Provisions concerning any participation in programs of prisoner employment, if any, the disposition or crediting of any payments received by prisoners on account of employment, and the crediting of proceeds from or disposal of any products resulting from employment.

AB153,5,12 (d) Delivery and retaking of prisoners.

AB153,5,14 (e) Regular reporting procedures concerning Wisconsin prisoners by the private person with which the department is contracting.

AB153,5,15 (f) Provisions concerning procedures for probation, parole and discharge.

AB153,5,17 (g) The same standards of reasonable and humane care as the prisoners would receive in an appropriate Wisconsin institution.

AB153,5,20 (h) Any other matters as are necessary and appropriate to fix the obligations, responsibilities and rights of Wisconsin and the private person with which the department is contracting.

AB153,5,24 (2) While in an institution in another state covered by a contract under this section, Wisconsin prisoners are subject to all provisions of law and regulation concerning the confinement of persons in that institution under the laws of that state.

AB153,6,3 (3) Any hearing to consider parole to which a prisoner confined under a contract under this section may be entitled by the laws of Wisconsin shall be conducted by the Wisconsin parole commission under rules of the department.

AB153,6,5 (4) Sections 16.75 and 301.08 (2) do not apply to contracts entered into under this section.

AB153,6,10 (5) The provisions of any contract entered into under this section are severable. If any provision of such a contract is invalid, or if the application of a provision of the contract to any person or circumstance is invalid, the invalidity does not affect other provisions or applications that can be given effect without the invalid provision or application.

AB153, s. 5 Section 5. 301.46 (2) (e) of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB153,6,18 301.46 (2) (e) A police chief or sheriff may provide any of the information to which he or she has access under this subsection, other than information specified in subs. (4) (ag) and (5) (c), to an entity in the police chief's community or the sheriff's county that is entitled to request information under sub. (4) or to any person requesting information under sub. (5) the general public if, in the opinion of the police chief or sheriff, providing that information is necessary to protect the public.

AB153, s. 6 Section 6. 301.46 (2m) (c) of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB153,7,2 301.46 (2m) (c) A police chief or sheriff who receives a bulletin under this subsection may provide any of the information in the bulletin, other than information specified in subs. (4) (ag) and (5) (c), to an entity in the police chief's community or the sheriff's county that is entitled to request information under sub. (4) or to any person requesting information under sub. (5) the general public if, in the opinion of the police chief or sheriff, providing that information is necessary to protect the public.

AB153, s. 7 Section 7. 302.01 of the statutes is amended to read:

AB153,7,21 302.01 State prisons named and defined. The penitentiary at Waupun is named "Waupun Correctional Institution". The correctional treatment center at Waupun is named "Dodge Correctional Institution". The penitentiary at Green Bay is named "Green Bay Correctional Institution". The medium/maximum penitentiary at Portage is named "Columbia Correctional Institution". The medium security institution at Oshkosh is named "Oshkosh Correctional Institution". The medium security penitentiary near Fox Lake is named "Fox Lake Correctional Institution". The penitentiary at Taycheedah is named "Taycheedah Correctional Institution". The medium security penitentiary at Plymouth is named "Kettle Moraine Correctional Institution". The penitentiary at the village of Sturtevant in Racine county is named "Racine Correctional Institution". The resource facility at Oshkosh is named "Wisconsin Resource Center". The institutions named in this section, the correctional institutions authorized under s. 301.16 (1n) or (1o), correctional institution authorized under 1997 Wisconsin Act .... (this act), section 12 (1 ) (a), correctional institution authorized under s. 301.046 (1), correctional institution authorized under s. 301.048 (4) (b), minimum security correctional institutions authorized under s. 301.13, and state-local shared correctional facilities when established under s. 301.14, are state prisons.

AB153, s. 8 Section 8. 302.02 (3t) of the statutes is amended to read:

AB153,8,4 302.02 (3t) (title) Other states' institutions Institutions located in other states. For all purposes of discipline and for judicial proceedings, each institution of that is located in another state or of a political subdivision of another state and authorized for use under s. 301.21 or 301.22 and the precincts thereof of the institution shall be deemed to be in a county in which the institution is physically located, and the courts of that county shall have jurisdiction of any activity, wherever located, conducted by the institution.

AB153, s. 9 Section 9. 303.01 (2) (em) of the statutes is repealed and recreated to read:

AB153,8,22 303.01 (2) (em) Lease space, with or without equipment, within the precincts of state prisons, as specified in s. 302.02, or within the confines of correctional institutions operated by the department for holding in secure custody persons adjudged delinquent, to not more than 11 private businesses to employ prison inmates and institution residents to manufacture products or components or to provide services for sale on the open market. The department shall comply with s. 16.75 in selecting businesses under this paragraph. The department shall consult with appropriate trade organizations and labor unions prior to issuing requests for proposals and prior to selecting proposals under this paragraph. Each such private business may conduct its operations as a private business, subject to the wage standards under sub. (4), the disposition of earnings under sub. (8), the requirements for notification and hearing under sub. (1) (c), the requirement for prison industries board approval under s. 303.015 (1) (b) and the authority of the department to maintain security and control in its institutions. The private business and its operations are not a prison industry. Inmates employed by the private business are not subject to the requirements of inmates participating in prison industries, except as provided in this paragraph;

AB153, s. 10 Section 10. 1995 Wisconsin Act 352, section 135 (2) (title) is repealed.