SB277: Bill Text

LRB-3873/4

MGD:wlj&cmh:mrc

1999 - 2000 LEGISLATURE

1999 Senate BILL 277

November 4, 1999 - Introduced by Senator Breske. Referred to Committee on Insurance, Tourism, Transportation and Corrections.

SB277,2,2 An Act to repeal 13.093 (2) (c), 13.48 (27) and 20.410 (1) (ed); to amend 13.093 (1), 13.48 (19), 302.01, 302.11 (1g) (am), 302.11 (1p), 302.11 (1z), 938.183 (3), 973.01 (1), 973.0135 (2) (intro.), 973.014 (1) (intro.), 973.014 (1) (c), 973.014 (1g) (a) (intro.), 973.032 (1) and 973.15 (6); to create 13.093 (3) and (4), 20.924 (1) (i), 301.028, 301.08 (1m), 301.18 (1g) and 301.235 (2) (dm) of the statutes; and to affect 1997 Wisconsin Act 275, section 8m (1r) (a), 1997 Wisconsin Act 275, section 9g (1p) and 1997 Wisconsin Act 283, section 456 (1); relating to: the lease and acquisition of privately built correctional facilities; fiscal estimates for bills containing criminal penalty provisions; the provision of medical services to prisoners; correctional institution placements of prisoners by the department of corrections; the effective date of various changes to felony penalties and to the structure of sentences of imprisonment in felony cases; and providing penalties.

Analysis by the Legislative Reference Bureau

This bill relates to the lease or acquisition by the state of privately constructed correctional facilities, the selection criteria to be used in determining institutional placements for prisoners, the provision of medical services to prisoners, the consideration by the legislature of bills containing a penalty provision and the effective date of certain changes to felony penalties and to the structure of sentences of imprisonment in felony cases.

Privately constructed correctional institutions

Under current law, the building commission is authorized to lease facilities for use by the department of corrections (DOC). This bill prohibits the building commission from leasing or acquiring a privately built adult or juvenile correctional facility unless the facility was under construction before October 1, 1999. If construction began before October 1, 1999, the department of administration (DOA) must attempt to negotiate with the owner of the correctional facility to lease the facility. If DOA successfully negotiates a lease, the lease is subject to approval by the building commission and the joint committee on finance (JCF).

These provisions do not apply to a correctional facility built for a county, a group of counties, the United States or a federally recognized American Indian tribe or band in this state.

Placement criteria for prisoners

Under current law, DOC has the duty to supervise the custody and discipline of prisoners sentenced to prison. As part of this duty, DOC conducts an assessment and evaluation of each prisoner shortly after the prisoner is committed to the state prison system. The assessment and evaluation process includes establishing a security classification for the prisoner, determining which correctional institution the prisoner will be placed in and deciding the prisoner's correctional programming assignments.

This bill requires DOC to consider the following criteria, in the following priority, when deciding the correctional institution in which to place a prisoner: 1) public safety; 2) the availability of, and the prisoner's preference for, placement in a correctional institution in this state; 3) the availability of education, treatment and other rehabilitative programs that are appropriate for the prisoner; and 4) any other factors that DOC considers appropriate to consider in order to discharge its duties and further its mission and goals.

Medical services

Under current law, DOC may contract with public, private and voluntary agencies and vendors for the provision of certain services. DOC is also obligated under current law to provide appropriate medical care for prisoners. Under this bill, DOC must provide primary medical care to prisoners exclusively through employes of DOC. Primary care is defined under the bill to mean basic health care services, including general assessment, treatment and management of common acute and chronic physical and mental health conditions, health promotion and disease prevention, routine prenatal and postpartum care and the referral to a specialist for physical and mental health services.

Fiscal estimates for crime bills

Under current law, all bills introduced in either house of the legislature that appropriate money, provide for revenue or relate to taxation must be referred to JCF before being passed. In addition, current law requires that a fiscal estimate be prepared for any bill that makes an appropriation or that increases or decreases existing appropriations or state or general local government fiscal liability or revenues. A fiscal estimate must incorporate a reliable estimate of the anticipated change in appropriation authority or fiscal liability or revenue and, to the extent possible, must project such changes in future fiscal years. Fiscal estimates are prepared by the state agencies administering the appropriation or fund or collecting the revenue or having information concerning the subject matter of the bill. A bill containing a penalty provision is exempt from the fiscal estimate requirement if it contains no other provisions that require a fiscal estimate.

This bill eliminates the current exemption from the fiscal estimate requirement for bills containing a penalty provision. In addition, the bill requires a correctional fiscal estimate to be prepared for any bill that does any of the following: 1) creates a criminal offense that is punishable by imprisonment in a state prison or placement in a juvenile correctional institution; 2) increases the period of imprisonment or the period of placement in a juvenile correctional institution that may be imposed for an offense; 3) requires a person to be sentenced to state prison or placed in a juvenile correctional institution; or 4) otherwise affects a penalty provision in a way that will increase the number of persons on probation, parole or extended supervision or in the juvenile correctional system.

To prepare a correctional fiscal estimate, the affected state agencies must make projections of the impact of the bill on the number of persons on probation, parole or extended supervision, the number of persons in prison and the number of persons in the juvenile correctional system. The agencies must also estimate the fiscal impact of any projected population changes. Finally, the agencies must specify the methodologies and assumptions that they used to make the population projections and the estimate of the fiscal impact. The agencies then provide this information to the legislative fiscal bureau (LFB), which in turn has five working days to review the information and consult with the agencies concerning the projections and estimates.

After the LFB review period, the affected agencies must submit a completed correctional fiscal estimate to the LFB and the legislative reference bureau (LRB) and the LFB must submit a statement of its review of the correctional fiscal estimate to the LRB. The completed correctional fiscal estimate must provide an estimate of the anticipated state fiscal liability for correctional capital and operational costs under the bill, including a projection of such costs for the fiscal year in which the bill takes effect and the nine succeeding fiscal years.

If a bill requires a correctional fiscal estimate, the estimate must be incorporated into the bill before any public hearing on the bill in a standing committee, before any vote is taken in a standing committee if no public hearing is held, or before any vote is taken on the bill by either house of the legislature if the bill is not referred to a standing committee. In addition, a bill that requires a correctional fiscal estimate must be referred to JCF.

Finally, under this bill, if an amendment to the biennial budget bill meets the criteria of a bill requiring a correctional fiscal estimate, the amendment may not be voted on by either house of the legislature unless the provisions of the amendment that require a correctional fiscal estimate are identical to the provisions of a bill for which a correctional fiscal estimate has been prepared.

Truth in sentencing delay

1997 Wisconsin Act 283 (often called the "truth in sentencing" act) changed felony penalties and created a new structure for sentences of imprisonment for felony offenses. Specifically, 1997 Wisconsin Act 283 did all of the following:

1. The Act increased the maximum terms of imprisonment for all felonies that are committed on or after December 31, 1999.

2. The Act provided that if a court chooses to sentence a felony offender to imprisonment in state prison for a felony committed on or after December 31, 1999, that is not punishable by life in prison, the court must do so by imposing a bifurcated sentence that includes a term of confinement in prison followed by a term of community supervision (called "extended supervision"). The person must serve the entire term of confinement in prison and is not eligible for parole. During the term of extended supervision, the person is subject to supervision by DOC and is subject to conditions set by both the court and DOC. If a person violates a condition or rule of extended supervision, the person's extended supervision may be revoked and the person may be returned to serve a period of time in prison.

3. The Act provided that a person sentenced to life imprisonment for a felony committed on or after December 31, 1999, is not eligible for parole. Instead, the court that is sentencing the person to life imprisonment must provide that the person is eligible for release to extended supervision after serving 20 years, must set a date on which the person becomes eligible for extended supervision, as long as that date requires the person to serve at least 20 years, or must provide that the person is not eligible for extended supervision. A person sentenced to life who is released to extended supervision is on extended supervision for the remainder of his or her life and, like a person on extended supervision under a bifurcated sentence, may have his or her extended supervision revoked and be returned to prison if he or she violates a condition or rule of extended supervision.

This bill provides that the changes made by 1997 Wisconsin Act 283 take effect on July 1, 2000, instead of December 31, 1999.

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:

SB277, s. 1 Section 1. 13.093 (1) of the statutes is amended to read:

SB277,5,5 13.093 (1) All bills introduced in either house of the legislature for the appropriation of money, providing for revenue or relating to taxation or that require a correctional fiscal estimate under sub. (3) shall be referred to the joint committee on finance before being passed.

SB277, s. 2 Section 2. 13.093 (2) (c) of the statutes is repealed.

SB277, s. 3 Section 3. 13.093 (3) and (4) of the statutes are created to read:

SB277,6,2 13.093 (3) (a) All bills introduced in either house of the legislature that create a criminal offense for which a sentence to a state prison or a disposition of placement in a juvenile correctional facility may be imposed, that increase the period of imprisonment in a state prison or placement in a juvenile correctional facility for an existing criminal offense, that require a person to be sentenced to imprisonment in a state prison or a juvenile to be placed in a juvenile correctional facility, or that otherwise affect a penalty provision that increases the statewide probation, parole, extended supervision or juvenile corrections population shall incorporate a correctional fiscal estimate before any vote is taken on the bill by either house of the legislature, if the bill is not referred to a standing committee, before any public hearing is held before a standing committee or, if no public hearing is held, before any vote is taken by the standing committee. The correctional fiscal estimate shall estimate the anticipated state fiscal liability for correctional capital and operational costs under the bill and shall include a projection of such costs for the fiscal year in which the bill becomes effective and the 9 succeeding fiscal years. Correctional fiscal estimates shall be prepared as follows:

SB277,6,16 1. Upon receiving a copy of a bill under par. (c), the department of administration shall determine which departments or agencies are responsible for preparing the correctional fiscal estimate. The departments or agencies responsible for preparing the correctional fiscal estimate shall submit to the legislative fiscal bureau projections of the impact on statewide probationer, prisoner, parolee, extended supervision and juvenile corrections populations, an estimate of the fiscal impact of such population changes on state expenditures and a statement of the methodologies and assumptions used in making the population projections and estimates of fiscal impact. In preparing this information, a department or agency may request information from other departments or agencies. If a specific estimate cannot be determined, the departments or agencies shall provide an estimated cost range. The departments or agencies shall submit this information to the legislative fiscal bureau within 5 working days after the departments or agencies receive a copy of the bill.

SB277,6,23 2. The legislative fiscal bureau shall review the information received from the departments or agencies under subd. 1. The legislative fiscal bureau shall consult with the departments or agencies from which information was received under subd. 1. and the departments or agencies shall provide information as requested by the legislative fiscal bureau as necessary to complete the review. Such review shall be completed within 5 working days from the date on which the legislative fiscal bureau receives the information under subd. 1.

SB277,7,5 3. The departments or agencies preparing information under subd. 1. shall prepare a correctional fiscal estimate and submit it to the legislative reference bureau and the legislative fiscal bureau within 3 working days after the date on which the legislative fiscal bureau's review period under subd. 2. ends. If a department or agency cannot make a specific estimate, the department or agency shall establish assumptions, including population estimates, that allow a projection to be made and provide an estimated cost range.

SB277,7,8 4. The legislative fiscal bureau shall prepare a statement of its review of the correctional fiscal estimate and submit it to the legislative reference bureau within 2 working days after receiving the correctional fiscal estimate.

SB277,7,11 (b) The legislature shall reproduce and distribute correctional fiscal estimates under par. (a) 3. and statements under par. (a) 4. in the same manner as it reproduces and distributes amendments.

SB277,7,17 (c) The legislative reference bureau shall determine whether a bill draft requires a correctional fiscal estimate. A bill draft that requires a correctional fiscal estimate under this subsection shall have that requirement noted on its jacket when the jacket is prepared. When a bill that requires a correctional fiscal estimate under this subsection is introduced, the legislative reference bureau shall submit a copy of the bill to the legislative fiscal bureau and the department of administration.

SB277,7,22 (4) Neither house of the legislature may vote on an amendment to the executive budget bill or a bill introduced under s. 16.47 if the amendment meets the criteria of a bill that requires a correctional fiscal estimate under sub. (3) unless the only provisions in the amendment are identical to the provisions of a bill introduced in the same legislative session for which the requirements under sub. (3) have been met.

SB277, s. 4 Section 4. 13.48 (19) of the statutes is amended to read:

SB277,8,9 13.48 (19) Whenever the building commission determines that the use of innovative types of design and construction processes will make better use of the resources and technology available in the building industry, the building commission may waive any or all of s. 16.855 if such action is in the best interest of the state and if the waiver is accomplished through formal action of the building commission. The Subject to the requirements of s. 20.924 (1) (i), the building commission may authorize the lease, lease purchase or acquisition of such facilities constructed in the manner authorized by the building commission. The Subject to the requirements of s. 20.924 (1) (i), the building commission may also authorize the lease, lease purchase or acquisition of existing facilities in lieu of state construction of any project enumerated in the authorized state building program.

SB277, s. 5 Section 5. 13.48 (27) of the statutes is repealed:

SB277, s. 6 Section 6. 20.410 (1) (ed) of the statutes is repealed.

SB277, s. 7 Section 7. 20.924 (1) (i) of the statutes is created to read:

SB277,8,19 20.924 (1) (i) May not lease or acquire or authorize the leasing or acquisition of any building, structure or facility or portion thereof for initial occupancy by the department of corrections for the purpose of confining persons serving a sentence of imprisonment to the Wisconsin state prisons under ch. 973 or for the purpose of confining juveniles alleged or found to be delinquent unless the construction of the building, structure or facility or its conversion into a correctional facility began before October 1, 1999.