April 22, 1999 - Introduced by Representatives Boyle, Pocan, Young,
Morris-Tatum
and Coggs, cosponsored by Senators Risser, George and
Plache. Referred to Committee on Corrections and the Courts.
AB295,1,7 1An Act to repeal 301.21, 302.02 (3t), 302.18 (3), 302.25, 302.255 and 302.26; to
2renumber and amend
301.07; to amend 20.410 (1) (a), 20.410 (1) (ab), 20.410
3(1) (b), 301.21 (1m) (a) (intro.), 301.21 (1m) (a) 1., 301.21 (2m) (a) (intro.) and
4301.21 (2m) (a) 1.; to repeal and recreate 301.07; and to create 301.07 (2) (b)
5and (c) and 301.21 (5) of the statutes; relating to: the confinement of Wisconsin
6prisoners in other states and withdrawing Wisconsin from the interstate
7corrections compact.
Analysis by the Legislative Reference Bureau
Under current law, a prisoner sentenced to the Wisconsin state prisons may be
sent to another state for confinement in a prison in that state if the department of
corrections (DOC) contracts for the confinement of Wisconsin prisoners with the
other state, a political subdivision of the other state or a private person operating a
private prison located in the other state. In addition, a prisoner sentenced to the
Wisconsin state prisons may be sent to another state for confinement in a federal
prison located in that state if DOC contracts with the federal government for the
confinement of Wisconsin prisoners. As of January 1, 1999, DOC has entered into
several contracts that provide for the confinement of Wisconsin prisoners in federal,
state, local and private prisons in Minnesota, Oklahoma, Tennessee, Texas and West
Virginia.

In addition, Wisconsin is a party to the interstate corrections compact. Under
this compact Wisconsin may enter into contracts with other states that are party to
the compact to provide for the confinement of prisoners in those other states. As of
January 1, 1999, DOC has entered into contracts under the compact with several
other states.
This bill eliminates DOC's authority to send Wisconsin prisoners to other
states. Specifically, the bill: 1) prohibits DOC from sending any prisoners to another
state on or after the date on which the bill becomes law; 2) withdraws Wisconsin from
the interstate corrections compact; and 3) prohibits DOC from entering into any new
contracts for the confinement of prisoners in another state. Except for contracts
entered into under the interstate corrections compact, any contract that is in effect
on the date on which the bill becomes law must be terminated by a specified date,
which will be approximately one year from the date on which the bill becomes law.
Prisoners confined in other states under one of these contracts will have to be
returned to Wisconsin by the date on which the contract terminates.
With respect to contracts entered into under the interstate corrections compact,
the compact provides that withdrawal from the compact takes effect one year after
notice of withdrawal has been sent to the appropriate officials of other states.
Contracts entered into before the effective date of withdrawal remain in effect and
Wisconsin must provide for the return to this state of prisoners confined in other
states under those contracts.
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:
AB295, s. 1 1Section 1. 20.410 (1) (a) of the statutes is amended to read:
AB295,2,52 20.410 (1) (a) General program operations. The amounts in the schedule to
3operate institutions and provide field services and administrative services. No
4payments may be made under this paragraph for payments in accordance with other
5states party to the interstate corrections compact under s. 302.25.
AB295, s. 2 6Section 2. 20.410 (1) (ab) of the statutes is amended to read:
AB295,3,27 20.410 (1) (ab) Corrections contracts and agreements. The amounts in the
8schedule for payments made in accordance with contracts entered into under ss.
9301.21, 302.25 and
s. 302.27, contracts entered into with the federal government

1under 18 USC 5003
and intra-agency agreements relating to the placement of
2prisoners.
AB295, s. 3 3Section 3. 20.410 (1) (b) of the statutes is amended to read:
AB295,3,104 20.410 (1) (b) Services for community corrections. The amounts in the schedule
5to provide services related to probation, extended supervision and parole, the
6intensive sanctions program under s. 301.048, the community residential
7confinement program under s. 301.046, programs of intensive supervision of adult
8offenders and minimum security correctional institutions established under s.
9301.13. No payments may be made under this paragraph for payments in accordance
10with other states party to the interstate corrections compact under s. 302.25.
AB295, s. 4 11Section 4. 301.07 of the statutes is renumbered 301.07 (1) and amended to
12read:
AB295,3,1413 301.07 (1) The department may cooperate with the federal government in
14carrying out federal acts concerning adult corrections and youth corrections and.
AB295,3,17 15(2) (a) Except as provided in par. (b), the department may not enter into
16contracts, renew or extend any contract with the federal government under 18 USC
175003
.
AB295, s. 5 18Section 5. 301.07 of the statutes, as affected by 1999 Wisconsin Act .... (this
19act), is repealed and recreated to read:
AB295,3,22 20301.07 Cooperation with federal government. The department may
21cooperate with the federal government in carrying out federal acts concerning adult
22corrections and youth corrections.
AB295, s. 6 23Section 6. 301.07 (2) (b) and (c) of the statutes are created to read:
AB295,4,1124 301.07 (2) (b) If the department and the federal government entered into a
25contract under 18 USC 5003 before the effective date of this paragraph .... [revisor

1inserts date], and the contract is still in effect on the effective date of this paragraph
2.... [revisor inserts date], the department may renew or extend the contract only if
3the renewed or extended contract terminates before the first day of the 13th month
4beginning after the effective date of this paragraph .... [revisor inserts date]. If the
5contract has a stipulated termination date that is later than the first day of the 13th
6month beginning after the effective date of this paragraph .... [revisor inserts date],
7or if the contract has no stipulated termination date, the department shall give notice
8of termination of the contract in accordance with the terms of the contract in a
9manner that ensures that the contract will be terminated no later than the first day
10of the 13th month beginning after the effective date of this paragraph .... [revisor
11inserts date].
AB295,4,1612 (c) Beginning on the effective date of this paragraph .... [revisor inserts date],
13the department may not send a prisoner who is located in a prison in this state to
14another state under a contract entered into with the federal government under 18
15USC 5003
before the effective date of this paragraph .... [revisor inserts date], that
16is still in effect on the effective date of this paragraph .... [revisor inserts date].
AB295, s. 7 17Section 7. 301.21 of the statutes, as affected by 1999 Wisconsin Act .... (this
18act), is repealed.
AB295, s. 8 19Section 8. 301.21 (1m) (a) (intro.) of the statutes is amended to read:
AB295,4,2420 301.21 (1m) (a) (intro.) The Except as provided in sub. (5) (a), the department
21may enter into one or more contracts with another state or a political subdivision of
22another state for the transfer and confinement in that state of prisoners who have
23been committed to the custody of the department. Any such contract shall provide
24for all of the following:
AB295, s. 9 25Section 9. 301.21 (1m) (a) 1. of the statutes is amended to read:
AB295,5,1
1301.21 (1m) (a) 1. A termination date, subject to sub. (5) (b).
AB295, s. 10 2Section 10. 301.21 (2m) (a) (intro.) of the statutes is amended to read:
AB295,5,63 301.21 (2m) (a) (intro.) The Except as provided in sub. (5) (a), the department
4may enter into one or more contracts with a private person for the transfer and
5confinement in another state of prisoners who have been committed to the custody
6of the department. Any such contract shall provide for all of the following:
AB295, s. 11 7Section 11. 301.21 (2m) (a) 1. of the statutes is amended to read:
AB295,5,88 301.21 (2m) (a) 1. A termination date, subject to sub. (5) (b).
AB295, s. 12 9Section 12. 301.21 (5) of the statutes is created to read:
AB295,5,1110 301.21 (5) (a) The department may not enter into a contract under this section
11on or after the effective date of this paragraph .... [revisor inserts date].
AB295,5,2312 (b) If the department and another state, a political subdivision of another state
13or a private person entered into a contract under this section before the effective date
14of this paragraph .... [revisor inserts date], and the contract is still in effect on the
15effective date of this paragraph .... [revisor inserts date], the department may renew
16or extend the contract only if the renewed or extended contract terminates before the
17first day of the 13th month beginning after the effective date of this paragraph ....
18[revisor inserts date]. If the contract has a stipulated termination date that is later
19than the first day of the 13th month beginning after the effective date of this
20paragraph .... [revisor inserts date], the department shall give notice of termination
21of the contract in accordance with the terms of the contract in a manner that ensures
22that the contract will be terminated no later than the first day of the 13th month
23beginning after the effective date of this paragraph .... [revisor inserts date].
AB295,6,324 (c) Beginning on the effective date of this paragraph .... [revisor inserts date],
25the department may not transfer a prisoner located in this state to another state

1under a contract entered into under this section before the effective date of this
2paragraph .... [revisor inserts date], that is still in effect on the effective date of this
3paragraph .... [revisor inserts date].
AB295, s. 13 4Section 13. 302.02 (3t) of the statutes is repealed.
AB295, s. 14 5Section 14. 302.18 (3) of the statutes is repealed.
AB295, s. 15 6Section 15. 302.25 of the statutes is repealed.
AB295, s. 16 7Section 16. 302.255 of the statutes is repealed.
AB295, s. 17 8Section 17. 302.26 of the statutes is repealed.
AB295, s. 18 9Section 18. Nonstatutory provisions.
AB295,6,1110 (1) Interstate corrections compact; limitation on contracts and transfers;
11withdrawal
.
AB295,6,1312 (a) No new contracts. Beginning on the effective date of this paragraph, this
13state may not enter into a contract under section 302.25 of the statutes.
AB295,6,1714 (b) No prisoners to be sent out of state. Beginning on the effective date of this
15paragraph, the department of corrections may not send a prisoner who is located in
16a prison in this state to another state under a contract entered into under section
17302.25 of the statutes.
AB295,6,2418 (c) Withdrawal. By the repeal in this act of section 302.25 of the statutes
19Wisconsin withdraws from the interstate corrections compact. The secretary of
20corrections shall send formal written notice that this state withdraws from the
21interstate corrections compact to the appropriate officials of all other party states no
22later than the first day of the 4th month beginning after the effective date of this
23paragraph. The secretary of corrections shall also perform all other functions
24necessary or incidental to withdrawing from the interstate corrections compact.
AB295, s. 19
1Section 19. Effective dates. This act takes effect on the day after publication,
2except as follows:
AB295,7,63 (1) The treatment of section 20.410 (1) (a), (ab) and (b) of the statutes, the repeal
4of sections 301.21, 302.02 (3t), 302.18 (3), 302.25, 302.255 and 302.26 of the statutes
5and the repeal and recreation of section 301.07 of the statutes take effect on the first
6day of the 19th month beginning after publication.
AB295,7,77 (End)
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