SB277, s. 1 1Section 1. 13.093 (1) of the statutes is amended to read:
SB277,5,52 13.093 (1) All bills introduced in either house of the legislature for the
3appropriation of money, providing for revenue or relating to taxation or that require
4a correctional fiscal estimate under sub. (3)
shall be referred to the joint committee
5on finance before being passed.
SB277, s. 2 6Section 2. 13.093 (2) (c) of the statutes is repealed.
SB277, s. 3 7Section 3. 13.093 (3) and (4) of the statutes are created to read:
SB277,6,28 13.093 (3) (a) All bills introduced in either house of the legislature that create
9a criminal offense for which a sentence to a state prison or a disposition of placement
10in a juvenile correctional facility may be imposed, that increase the period of
11imprisonment in a state prison or placement in a juvenile correctional facility for an
12existing criminal offense, that require a person to be sentenced to imprisonment in
13a state prison or a juvenile to be placed in a juvenile correctional facility, or that
14otherwise affect a penalty provision that increases the statewide probation, parole,
15extended supervision or juvenile corrections population shall incorporate a
16correctional fiscal estimate before any vote is taken on the bill by either house of the
17legislature, if the bill is not referred to a standing committee, before any public
18hearing is held before a standing committee or, if no public hearing is held, before any
19vote is taken by the standing committee. The correctional fiscal estimate shall
20estimate the anticipated state fiscal liability for correctional capital and operational
21costs under the bill and shall include a projection of such costs for the fiscal year in

1which the bill becomes effective and the 9 succeeding fiscal years. Correctional fiscal
2estimates shall be prepared as follows:
SB277,6,163 1. Upon receiving a copy of a bill under par. (c), the department of
4administration shall determine which departments or agencies are responsible for
5preparing the correctional fiscal estimate. The departments or agencies responsible
6for preparing the correctional fiscal estimate shall submit to the legislative fiscal
7bureau projections of the impact on statewide probationer, prisoner, parolee,
8extended supervision and juvenile corrections populations, an estimate of the fiscal
9impact of such population changes on state expenditures and a statement of the
10methodologies and assumptions used in making the population projections and
11estimates of fiscal impact. In preparing this information, a department or agency
12may request information from other departments or agencies. If a specific estimate
13cannot be determined, the departments or agencies shall provide an estimated cost
14range. The departments or agencies shall submit this information to the legislative
15fiscal bureau within 5 working days after the departments or agencies receive a copy
16of the bill.
SB277,6,2317 2. The legislative fiscal bureau shall review the information received from the
18departments or agencies under subd. 1. The legislative fiscal bureau shall consult
19with the departments or agencies from which information was received under subd.
201. and the departments or agencies shall provide information as requested by the
21legislative fiscal bureau as necessary to complete the review. Such review shall be
22completed within 5 working days from the date on which the legislative fiscal bureau
23receives the information under subd. 1.
SB277,7,524 3. The departments or agencies preparing information under subd. 1. shall
25prepare a correctional fiscal estimate and submit it to the legislative reference

1bureau and the legislative fiscal bureau within 3 working days after the date on
2which the legislative fiscal bureau's review period under subd. 2. ends. If a
3department or agency cannot make a specific estimate, the department or agency
4shall establish assumptions, including population estimates, that allow a projection
5to be made and provide an estimated cost range.
SB277,7,86 4. The legislative fiscal bureau shall prepare a statement of its review of the
7correctional fiscal estimate and submit it to the legislative reference bureau within
82 working days after receiving the correctional fiscal estimate.
SB277,7,119 (b) The legislature shall reproduce and distribute correctional fiscal estimates
10under par. (a) 3. and statements under par. (a) 4. in the same manner as it reproduces
11and distributes amendments.
SB277,7,1712 (c) The legislative reference bureau shall determine whether a bill draft
13requires a correctional fiscal estimate. A bill draft that requires a correctional fiscal
14estimate under this subsection shall have that requirement noted on its jacket when
15the jacket is prepared. When a bill that requires a correctional fiscal estimate under
16this subsection is introduced, the legislative reference bureau shall submit a copy of
17the bill to the legislative fiscal bureau and the department of administration.
SB277,7,22 18(4) Neither house of the legislature may vote on an amendment to the executive
19budget bill or a bill introduced under s. 16.47 if the amendment meets the criteria
20of a bill that requires a correctional fiscal estimate under sub. (3) unless the only
21provisions in the amendment are identical to the provisions of a bill introduced in the
22same legislative session for which the requirements under sub. (3) have been met.
SB277, s. 4 23Section 4. 13.48 (19) of the statutes is amended to read:
SB277,8,924 13.48 (19) Whenever the building commission determines that the use of
25innovative types of design and construction processes will make better use of the

1resources and technology available in the building industry, the building commission
2may waive any or all of s. 16.855 if such action is in the best interest of the state and
3if the waiver is accomplished through formal action of the building commission. The
4Subject to the requirements of s. 20.924 (1) (i), the building commission may
5authorize the lease, lease purchase or acquisition of such facilities constructed in the
6manner authorized by the building commission. The Subject to the requirements of
7s. 20.924 (1) (i), the
building commission may also authorize the lease, lease purchase
8or acquisition of existing facilities in lieu of state construction of any project
9enumerated in the authorized state building program.
SB277, s. 5 10Section 5. 13.48 (27) of the statutes is repealed:
SB277, s. 6 11Section 6. 20.410 (1) (ed) of the statutes is repealed.
SB277, s. 7 12Section 7. 20.924 (1) (i) of the statutes is created to read:
SB277,8,1913 20.924 (1) (i) May not lease or acquire or authorize the leasing or acquisition
14of any building, structure or facility or portion thereof for initial occupancy by the
15department of corrections for the purpose of confining persons serving a sentence of
16imprisonment to the Wisconsin state prisons under ch. 973 or for the purpose of
17confining juveniles alleged or found to be delinquent unless the construction of the
18building, structure or facility or its conversion into a correctional facility began
19before October 1, 1999.
SB277, s. 8 20Section 8. 301.028 of the statutes is created to read:
SB277,8,23 21301.028 Institutional placement criteria. When deciding the correctional
22institution in which to place a prisoner in its custody, the department shall consider
23all of the following criteria, in the order of priority stated:
SB277,8,24 24(1) Public safety.
SB277,9,2
1(2) The availability of, and the prisoner's preference for, placement in a
2correctional institution in this state.
SB277,9,4 3(3) The availability of education, treatment and other rehabilitative programs
4that are appropriate for the prisoner.
SB277,9,6 5(4) Any other factors that the department considers appropriate to consider in
6order to discharge its duties and further its mission and goals.
SB277, s. 9 7Section 9. 301.08 (1m) of the statutes is created to read:
SB277,9,128 301.08 (1m) (a) In this subsection, "primary care" means basic health care
9services, including general assessment, treatment and management of common
10acute and chronic physical and mental health conditions, health promotion and
11disease prevention, routine prenatal and postpartum care and the referral to a
12specialist for physical and mental health services.
SB277,9,1413 (b) Notwithstanding sub. (1), the department shall provide primary care to
14inmates of a Type 1 prison exclusively through employes of the department.
SB277, s. 10 15Section 10. 301.18 (1g) of the statutes is created to read:
SB277,9,1816 301.18 (1g) The department of administration may acquire or lease
17correctional facilities defined under 1999 Wisconsin Act .... (this act), section 35 (1)
18(b).
SB277, s. 11 19Section 11. 301.235 (2) (dm) of the statutes is created to read:
SB277,9,2220 301.235 (2) (dm) The department may not lease any building or any portion of
21a building under this section unless the construction of the building or its conversion
22into a correctional facility began before October 1, 1999.
SB277, s. 12 23Section 12. 302.01 of the statutes, as affected by 1999 Wisconsin Act 9, is
24amended to read:
SB277,10,22
1302.01 State prisons named and defined listed. The penitentiary
2institution at Waupun is named "Waupun Correctional Institution". The
3correctional treatment center at Waupun is named "Dodge Correctional Institution".
4The penitentiary institution at Green Bay is named "Green Bay Correctional
5Institution". The medium/maximum penitentiary institution at Portage is named
6"Columbia Correctional Institution". The medium security institution at Oshkosh
7is named "Oshkosh Correctional Institution". The medium security penitentiary
8institution near Fox Lake is named "Fox Lake Correctional Institution". The
9penitentiary institution at Taycheedah is named "Taycheedah Correctional
10Institution". The medium security penitentiary institution at Plymouth is named
11"Kettle Moraine Correctional Institution". The penitentiary institution at the
12village of Sturtevant in Racine county is named "Racine Correctional Institution".
13The medium security penitentiary institution at Racine is named "Racine Youthful
14Offender Correctional Facility". The resource facility at Oshkosh is named
15"Wisconsin Resource Center". The institutions named in this section, the
16correctional institutions authorized under s. 301.16 (1n) and (1v), correctional
17institution authorized under 1997 Wisconsin Act 4, section 4 (1) (a), correctional
18institution authorized under s. 301.046 (1), correctional institution authorized under
19s. 301.048 (4) (b), minimum security correctional institutions authorized under s.
20301.13, the probation and parole holding facilities authorized under s. 301.16 (1q),
21any correctional institution acquired or leased under s. 301.18 (1g)
and state-local
22shared correctional facilities when established under s. 301.14, are state prisons.
SB277, s. 13 23Section 13. 302.11 (1g) (am) of the statutes is amended to read:
SB277,11,224 302.11 (1g) (am) The mandatory release date established in sub. (1) is a
25presumptive mandatory release date for an inmate who is serving a sentence for a

1serious felony committed on or after April 21, 1994, but before December 31, 1999
2July 1, 2000.
SB277, s. 14 3Section 14. 302.11 (1p) of the statutes is amended to read:
SB277,11,74 302.11 (1p) An inmate serving a term subject to s. 961.49 (2) for a crime
5committed before December 31, 1999 July 1, 2000, is entitled to mandatory release,
6except the inmate may not be released before he or she has complied with s. 961.49
7(2).
SB277, s. 15 8Section 15. 302.11 (1z) of the statutes is amended to read:
SB277,11,119 302.11 (1z) An inmate who is sentenced to a term of confinement in prison
10under s. 973.01 for a felony that is committed on or after December 31, 1999 July 1,
112000
, is not entitled to mandatory release on parole under this section.
SB277, s. 16 12Section 16. 938.183 (3) of the statutes is amended to read:
SB277,11,2013 938.183 (3) When a juvenile who is subject to a criminal penalty under sub.
14(1m) or (2) attains the age of 17 years, the department may place the juvenile in a
15state prison named in s. 302.01. If a juvenile who is subject to a criminal penalty
16under sub. (1m) or (2) is 15 years of age or over, the department may transfer the
17juvenile to the Racine youthful offender correctional facility named in s. 302.01 as
18provided in s. 938.357 (4) (d). A juvenile who is subject to a criminal penalty under
19sub. (1m) or (2) for an act committed before December 31, 1999 July 1, 2000, is
20eligible for parole under s. 304.06.
SB277, s. 17 21Section 17. 973.01 (1) of the statutes is amended to read:
SB277,12,222 973.01 (1) Bifurcated sentence required. Except as provided in sub. (3),
23whenever a court sentences a person to imprisonment in the Wisconsin state prisons
24for a felony committed on or after December 31, 1999 July 1, 2000, the court shall

1impose a bifurcated sentence that consists of a term of confinement in prison followed
2by a term of extended supervision under s. 302.113.
SB277, s. 18 3Section 18. 973.0135 (2) (intro.) of the statutes is amended to read:
SB277,12,84 973.0135 (2) (intro.) Except as provided in sub. (3), when a court sentences a
5prior offender to imprisonment in a state prison for a serious felony committed on or
6after April 21, 1994, but before December 31, 1999 July 1, 2000, the court shall make
7a parole eligibility determination regarding the person and choose one of the
8following options:
SB277, s. 19 9Section 19. 973.014 (1) (intro.) of the statutes is amended to read:
SB277,12,1310 973.014 (1) (intro.) Except as provided in sub. (2), when a court sentences a
11person to life imprisonment for a crime committed on or after July 1, 1988, but before
12December 31, 1999 July 1, 2000, the court shall make a parole eligibility
13determination regarding the person and choose one of the following options:
SB277, s. 20 14Section 20. 973.014 (1) (c) of the statutes is amended to read:
SB277,12,1715 973.014 (1) (c) The person is not eligible for parole. This paragraph applies only
16if the court sentences a person for a crime committed on or after August 31, 1995, but
17before December 31, 1999 July 1, 2000.
SB277, s. 21 18Section 21. 973.014 (1g) (a) (intro.) of the statutes is amended to read:
SB277,12,2219 973.014 (1g) (a) (intro.) Except as provided in sub. (2), when a court sentences
20a person to life imprisonment for a crime committed on or after December 31, 1999
21July 1, 2000, the court shall make an extended supervision eligibility date
22determination regarding the person and choose one of the following options:
SB277, s. 22 23Section 22. 973.032 (1) of the statutes is amended to read:
SB277,13,424 973.032 (1) Sentence. Beginning July 1, 1992, a court may sentence a person
25who is convicted of a felony occurring on or after August 15, 1991, but before

1December 31, 1999 July 1, 2000, to participate in the intensive sanctions program
2under s. 301.048. If a person is convicted of a felony occurring on or after
3December 31, 1999 July 1, 2000, a court may not sentence the person to participate
4in the intensive sanctions program under s. 301.048.
SB277, s. 23 5Section 23. 973.15 (6) of the statutes is amended to read:
SB277,13,96 973.15 (6) Sections 302.11 and 304.06 are applicable to an inmate serving a
7sentence to the Wisconsin state prisons for a crime committed before
8December 31, 1999 July 1, 2000, but confined in a federal institution or an
9institution in another state.
SB277, s. 24 10Section 24. 1997 Wisconsin Act 275, section 8m (1r) (a) is amended to read:
SB277,13,1511[1997 Wisconsin Act 275] Section 8m (1r) (a) If 1997 Assembly Bill 351 is
12enacted into law and it creates sections 302.113 and 973.01 of the statutes as shown
13by Senate Substitute Amendment 1 to 1997 Assembly Bill 351, then the repeal and
14recreation by this act of section 939.615 (3) (b) of the statutes and Section 9g (1p) of
15this act take effect on December 31, 1999 July 1, 2000.
SB277, s. 25 16Section 25. 1997 Wisconsin Act 275, section 9g (1p) is amended to read:
SB277,13,1817[1997 Wisconsin Act 275] Section 9g (1p) The repeal and recreation of section
18939.615 (3) (b) of the statutes takes effect on December 31, 1999 July 1, 2000.
SB277, s. 26 19Section 26. 1997 Wisconsin Act 283, section 456 (1) is amended to read:
SB277,14,2220[1997 Wisconsin Act 283] Section 456 (1) Increase in felony penalties. The
21treatment of sections 11.61 (1) (a) and (b), 12.60 (1) (a), 13.05, 13.06, 13.69 (6m), 23.33
22(13) (cg), 26.14 (8), 29.99 (1) (c), (1m) (c), (11m) (a) and (11p) (a), 30.80 (2g) (b), (c) and
23(d) and (3m), 36.25 (6) (d), 47.03 (3) (d), 49.127 (8) (a) 2., (b) 2. and (c), 49.141 (7) (a)
24and (b), (9) (a) and (b) and (10) (b), 49.49 (1) (b) 1., (2) (a) and (b), (3), (3m) (b) and (4)
25(b), 49.95 (1), 51.15 (12), 55.06 (11) (am), 66.4025 (1) (b) and (c), 69.24 (1) (intro.),

170.47 (18) (a), 71.83 (2) (b), 86.192 (4), 97.43 (4), 97.45 (2), 100.26 (2), (5) and (7),
2101.143 (10) (b), 101.94 (8) (b), 102.835 (11) and (18), 102.85 (3), 108.225 (11) and (18),
3114.20 (18) (c), 125.075 (2), 125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12)
4(b) and (c), 132.20 (2), 133.03 (1) and (2), 134.05 (4), 134.16, 134.20 (1) (intro.),
5134.205 (4), 134.58, 139.44 (1), (1m), (2) and (8) (c), 139.95 (2) and (3), 146.345 (3),
6146.35 (5), 146.60 (9) (am), 146.70 (10) (a), 154.15 (2), 154.29 (2), 166.20 (11) (b) 1. and
72., 167.10 (9) (g), 175.20 (3), 180.0129 (2), 181.0129 (2), 185.825, 200.09 (2), 214.93,
8215.02 (6) (b), 215.12, 215.21 (21), 218.21 (7), 220.06 (2), 221.0625 (2) (intro.),
9221.0636 (2), 221.0637 (2), 221.1004 (2), 253.06 (4) (b), 285.87 (2) (b), 291.97 (2) (b)
10(intro.) and (c), 299.53 (4) (c) 2., 302.095 (2), 341.605 (3), 342.06 (2), 342.065 (4) (b),
11342.155 (4) (b), 342.156 (6) (b), 342.30 (3) (a), 342.32 (3), 344.48 (2), 346.17 (3) (a), (b),
12(c) and (d), 346.65 (5), 346.74 (5) (b), (c) and (d), 350.11 (2m), 446.07, 447.09, 450.11
13(9) (b), 450.14 (5), 450.15 (2), 551.58 (1), 552.19 (1), 553.52 (1) and (2), 562.13 (3) and
14(4), 565.50 (2) and (3), 601.64 (4), 641.19 (4) (a) and (b), 765.30 (1) (intro.) and (2)
15(intro.), 768.07, 783.07, 939.50 (3) (b), (bc), (c), (d) and (e), 946.85 (1), 961.41 (1) (a),
16(b), (cm) 1., 2., 3., 4. and 5., (d) 1., 2., 3., 4., 5. and 6., (e) 1., 2., 3., 4., 5. and 6., (f) 1.,
172. and 3., (g) 1., 2. and 3., (h) 1., 2. and 3., (i) and (j), (1m) (a), (b), (cm) 1., 2., 3., 4. and
185., (d) 1., 2., 3., 4., 5. and 6., (e) 1., 2., 3., 4., 5. and 6., (f) 1., 2. and 3., (g) 1., 2. and 3.,
19(h) 1., 2. and 3., (i) and (j), (1n) (c), (2) (a), (b), (c) and (d), (3g) (a) 1. and 2. and (4) (am)
203., 961.42 (2), 961.43 (2), 961.455 (1), 968.31 (1) (intro.), 968.34 (3), 968.43 (3) and
21977.06 (2) (b) of the statutes and Section 455 (1) of this act take effect on December
2231, 1999
July 1, 2000.
SB277, s. 27 23Section 27 . Nonstatutory provisions.
SB277,15,3
1(1) Definition. In this Section, "private correctional facility" means, along
2with the land on which it is situated, a building, structure or facility meeting all of
3the following requirements:
SB277,15,64 (a) The construction of the building, structure or facility or its conversion into
5a facility to be used for the purpose listed in paragraph (c) began before October 1,
61999.
SB277,15,117 (b) The building, structure or facility has been or is being constructed for the
8confinement of one or more individuals who, as a result of a court order from any
9jurisdiction, are in custody for the commission or alleged commission of a crime and
10who would be classified as medium or maximum security under the department of
11corrections' security classification system.
SB277,15,1612 (c) The building, structure or facility has not been and is not being constructed
13under a contract with the department of administration, a county, a group of counties
14acting under section 302.44 of the statutes, the department of corrections and any
15county or group of counties acting under section 302.45 of the statutes, the United
16States or a federally recognized American Indian tribe or band in this state.
SB277,15,2117 (2) Lease of private correctional facilities. The department of
18administration shall attempt to negotiate with the owner of each private correctional
19facility located in this state to lease the facility. If the department reaches an
20agreement to lease the facility, the lease is subject to approval of the building
21commission and the joint committee on finance.
SB277,15,2422 (3) Inapplicability to juvenile facilities. Subsection (1 ) does not apply to a
23building, structure or facility that has been or is being constructed solely to confine
24juveniles alleged or found to be delinquent.
SB277,15,2525 (End)
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