1995 Wisconsin Act 27

27,6368c Section 6368c. 302.33 (2) (a) 4. of the statutes is repealed.

27,6369 Section 6369 . 302.38 (3) of the statutes is amended to read:

302.38 (3) The maximum amount that a governmental unit may pay for the costs of medical or hospital care under this section is limited for that care to the amount payable by medical assistance under ss. 49.43 to 49.47 subch. IV of ch. 49, except s. 49.468, for care for which a medical assistance rate exists. No provider of medical or hospital care may bill a prisoner under sub. (1) for the cost of care exceeding the amount paid under this subsection by the governmental unit. If no medical assistance rate exists for the care provided, there is no limitation under this subsection.

27,6369q Section 6369q. 302.386 (2m) of the statutes is created to read:

302.386 (2m) The department shall collect moneys under sub. (2) for medical and dental services furnished to residents under sub. (1) and credit those moneys to the appropriation account under s. 20.410 (1) (gi).

27,6370 Section 6370 . 302.386 (3) of the statutes is renumbered 302.386 (3) (a) and amended to read:

302.386 (3) (a) The Except as provided in par. (b), the department may require a resident housed in a prison identified in s. 302.01 or in a secured correctional facility as defined in s. 48.02 (15m) who earns wages during residency and who receives medical or dental services to pay a deductible, coinsurance, copayment or similar charge upon the medical or dental service that he or she receives. The department shall collect the allowable deductible, coinsurance, copayment or similar charge.

(c) No provider of services may deny care or services because the resident is unable to pay the applicable deductible, coinsurance, copayment or similar charge, but an inability to pay these charges does not relieve the resident of liability for the charges unless the department excepts or waives the liability under criteria that the department shall establish by rule.

27,6371 Section 6371 . 302.386 (3) (b) of the statutes is created to read:

302.386 (3) (b) If the resident under par. (a) requests the medical services or dental services, the department shall require the resident to pay the deductible, coinsurance, copayment or similar charge. The department may not charge the person less than $2.50 for each request. The requirements under this paragraph are subject to the exception and waiver provisions under par. (c).

27,6371g Section 6371g. 302.386 (3) (d) of the statutes is created to read:

302.386 (3) (d) The department shall credit all moneys that it collects under this subsection to the appropriation account under s. 20.410 (1) (gi).

27,6372 Section 6372 . 302.386 (4) (a) of the statutes is amended to read:

302.386 (4) (a) The specific medical or dental services on which a deductible, coinsurance, copayment or similar charge may be imposed under sub. (3) (a) or must be imposed under sub. (3) (b).

27,6373 Section 6373 . 302.386 (4) (b) of the statutes is amended to read:

302.386 (4) (b) The amounts of deductibles, coinsurances, copayments or similar charges that may be imposed on for the medical or dental services under par. (a).

27,6373m Section 6373m. 302.386 (6) of the statutes is created to read:

302.386 (6) The department may collect a deductible, coinsurance, copayment or similar charge under this section or the department or the attorney general may collect under s. 301.325, but the state may not collect for the same expense twice.

27,6374 Section 6374 . 302.425 (1) of the statutes is renumbered 302.425 (1) (intro.) and amended to read:

302.425 (1) Definition. (intro.) In this section, “jail":

(b) “Jail" includes a house of correction and a Huber facility under s. 303.09.

27,6375 Section 6375 . 302.425 (1) (a) of the statutes is created to read:

302.425 (1) (a) “County department" has the meaning given in s. 48.02 (2g).

27,6376 Section 6376 . 302.425 (2g) of the statutes is created to read:

302.425 (2g) County departments and department of health and social services; general authority. Subject to the limitations under sub. (3m), a county department or the department of health and social services may place in the home detention program any child who is in its custody or under its supervision.

27,6377 Section 6377 . 302.425 (2m) of the statutes is amended to read:

302.425 (2m) Intensive sanctions program participants. Notwithstanding the agreement requirements under sub. (3), the department of corrections may place any intensive sanctions program participant in a home detention program.

27,6378 Section 6378 . 302.425 (3) of the statutes is amended to read:

302.425 (3) (title) Placement of a prisoner in the program. If a prisoner described under sub. (2) and the department of corrections agree, the sheriff may place the prisoner in the home detention program and provide that the prisoner be detained at the prisoner's place of residence or other place designated by the sheriff and be monitored by an active electronic monitoring system. The sheriff shall establish reasonable terms of detention and ensure that the prisoner is provided a written statement of those terms, including a description of the detention monitoring procedures and requirements and of any applicable liability issues. The terms may include a requirement that the prisoner pay the county a daily fee to cover the county costs associated with monitoring him or her.

27,6379 Section 6379 . 302.425 (3m) of the statutes is created to read:

302.425 (3m) Placement of a child in the program. Upon the agreement of the department of corrections, the county department or the department of health and social services may place the child in the home detention program and provide that the child be detained at the child's place of residence or other place designated by the county department or the department of health and social services and be monitored by an active electronic monitoring system. The county department or the department of health and social services shall provide reasonable terms of detention and ensure that the child receives a written statement of those terms, including a description of the detention monitoring procedures and requirements and of any applicable liability issues. The terms may include a requirement that the child or his or her parent or guardian pay the county or state a daily fee to cover the costs associated with monitoring him or her.

27,6380 Section 6380 . 302.425 (4) of the statutes is amended to read:

302.425 (4) Departmental duties. The department of corrections shall ensure that electronic monitoring equipment units are available, pursuant to contractual agreements with county sheriffs, county departments and the department of health and social services, throughout the state on an equitable basis. If a prisoner is chosen under sub. (3) or a child is chosen under sub. (3m) to participate in the home detention program, the department of corrections shall install and monitor electronic monitoring equipment. The department of corrections shall charge the county a daily per prisoner fee or per child fee, whichever is applicable, to cover the department's costs for these services.

27,6381 Section 6381 . 302.425 (6) of the statutes is amended to read:

302.425 (6) Escape. Any intentional failure of a prisoner to remain within the limits of his or her detention or to return to his or her place of detention, as specified in the terms of detention under sub. (3), is considered an escape under s. 946.42 (3) (a).

27,6382 Section 6382 . 303.01 (1) (b) of the statutes is amended to read:

303.01 (1) (b) The department, with the approval of the prison industries board and after a hearing is held under par. (c), may establish industries for the employment of inmates in the state prisons or residents in any correctional institution operated by the department for holding in secure custody persons adjudged delinquent. Except as provided in par. (d), prison industries may engage in manufacturing articles for and providing services to the state and its political subdivisions and any tax-supported institution or nonprofit agency and for sale of such articles and services to other states or political divisions thereof or to the United States. The department shall fix the price of all products and services as near the market price as possible. Supplies, materials and equipment may be reconditioned by prison industries for sale under s. 16.72.

27,6383 Section 6383 . 303.01 (2) (e) of the statutes is amended to read:

303.01 (2) (e) Maintain auto shops in connection with auto schools and may receive from licensed automobile dealers and regularly established automobile repair shops vehicles to be repaired, painted or otherwise processed by inmates or residents of the school;

27,6384 Section 6384 . 303.01 (2) (em) of the statutes is created to read:

303.01 (2) (em) Lease space, with or without equipment, within the precincts of state prisons, as specified in s. 302.02, to not more than 3 private businesses to employ prison inmates 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 may select a business or enter into a lease under this paragraph only with the approval of the joint committee on finance. 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;

27,6385 Section 6385 . 303.01 (2) (em) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

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 3 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 may select a business or enter into a lease under this paragraph only with the approval of the joint committee on finance. 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;

27,6386 Section 6386 . 303.01 (2) (f) of the statutes is amended to read:

303.01 (2) (f) Lease or purchase land within the state for the employment of prisoners or residents; and

27,6387 Section 6387 . 303.01 (2) (g) of the statutes is amended to read:

303.01 (2) (g) Construct barracks for the safekeeping of prisoners or residents employed in the prison industries outside the prison or institution proper on the prison or institution premises.

27,6388 Section 6388 . 303.01 (4) of the statutes is amended to read:

303.01 (4) Wage standards. All inmates and residents shall be paid a wage which that is based on the productivity of the work the inmates and residents perform. Wages may be established at an hourly rate plus an incentive wage based on productivity and piecework formulas may be created. However, wages shall not be set at a rate such as to cause a deficit on operations. Changes in inmate and resident wage rate schedules may not be made without approval of the prison industries board.

27,6389 Section 6389 . 303.01 (6) of the statutes is amended to read:

303.01 (6) Goal. To the extent possible, prison industries shall be operated in a manner that is similar to private business and industry. The primary goal of prison industries shall be to operate in a profitable manner. Within this goal, inmates or residents employed in prison industries shall be provided with training and work experience that allows them to develop skills necessary to retain employment in outside business and industry. Consistent with available resources, inmates or residents employed in prison industries may be required to take education courses related to their work to enhance their capacity for employment upon release from prison or an institution specified under sub. (1) (b).

27,6390 Section 6390 . 303.01 (8) of the statutes is amended to read:

303.01 (8) Disposition of earnings. The department has the authority to determine how much, if any, of the earnings of an inmate or resident may be spent and for what purposes they may be spent within the confines of the prison or institution. The department shall distribute earnings for the crime victim and witness assistance surcharge under s. 973.045 (4), for the deoxyribonucleic acid analysis surcharge under s. 973.046 (4) and for compliance with s. 303.06 (2) and may distribute earnings for the support of the inmate's or resident's dependents and for other obligations either acknowledged by the inmate or resident in writing or which have been reduced to judgment that may be satisfied according to law. The department shall credit all moneys that it collects from earnings of inmates and residents under sub. (2) (em) to the appropriation account under s. 20.410 (1) (gi).

27,6391 Section 6391 . 303.015 (1) (c) of the statutes is amended to read:

303.015 (1) (c) Prior to submission to the legislative council staff for review under s. 227.15, departmental rules relating to hiring, termination, evaluation and compensation of, or other conditions of employment for, inmates or residents in prison industries shall be submitted to the board for approval. Board authority over rules shall not extend to determination of which inmates or residents are eligible for employment in prison industries or to security matters.

27,6393 Section 6393 . 303.06 (1) of the statutes is amended to read:

303.06 (1) Except as authorized in sub. (2) this section, no goods, except farm machinery, farm implements and tools, cordage rope and ply goods, manufactured wholly or partly by inmates in any state, city or county penal institution may be offered for sale in the open market.

27,6394 Section 6394 . 303.06 (2) of the statutes is amended to read:

303.06 (2) The department may enter into or renew a contract with a manufacturer or distributor to have prison industries provide products, components or services if at the time that the contract is originally entered into the products, components or services have been supplied to the manufacturer or distributor for the previous 12 months by a facility outside the United States. The department shall collect not less than 5% nor more than 20% of the gross wages of inmates or residents earned under such a contract to be credited to the appropriation under s. 20.455 (5) (i).

27,6395 Section 6395 . 303.06 (3) of the statutes is created to read:

303.06 (3) A private business may sell products, components or services under s. 303.01 (2) (em) in the open market. Similar products, components or services from a prison industry program from another state may be sold in the open market.

27,6398m Section 6398m. 303.065 (5) (dm) of the statutes is created to read:

303.065 (5) (dm) Payment for legal representation under s. 977.07 (2), 977.075 or 977.076;

27,6398p Section 6398p. 303.065 (6) of the statutes is created to read:

303.065 (6) The department shall credit all moneys that it collects under sub. (5) (a) and (d) to the appropriation account under s. 20.410 (1) (gi).

27,6398r Section 6398r. 303.065 (7) of the statutes is created to read:

303.065 (7) The department may receive payments for its costs under this section or the department or the attorney general may collect under s. 301.325, but the state may not collect for the same expense twice.

27,6399 Section 6399 . 303.066 of the statutes is created to read:

303.066 Wisconsin conservation corps projects. The department may sponsor Wisconsin conservation corps projects under s. 16.20 (8g).

27,6399m Section 6399m. 303.066 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

303.066 Wisconsin conservation corps projects. The department may sponsor Wisconsin conservation corps projects under s. 16.20 106.215 (8g).

27,6400 Section 6400 . 303.21 (1) (b) of the statutes is amended to read:

303.21 (1) (b) Inmates are included under par. (a) if they are participating in a structured work program away from the institution grounds under s. 302.15. Inmates are not included under par. (a) if they are employed in a prison industry under s. 303.06 (2), participating in a work release program under s. 303.065 (2), participating in employment with a private business under s. 303.01 (2) (em) or participating in the transitional employment program, but they are eligible for worker's compensation benefits as provided under ch. 102.

27,6401 Section 6401. 303.21 (1) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

303.21 (1) (b) Inmates are included under par. (a) if they are participating in a structured work program away from the institution grounds under s. 302.15. Inmates are not included under par. (a) if they are employed in a prison industry under s. 303.06 (2), participating in a work release program under s. 303.065 (2), participating in employment with a private business under s. 303.01 (2) (em) or participating in the transitional employment program, but they are eligible for worker's compensation benefits under ch. 102. Residents subject to s. 303.01 (1) (b) are not included under par. (a) but they are eligible for worker's compensation benefits under ch. 102.

27,6402 Section 6402 . 303.215 of the statutes is amended to read:

303.215 (title) Compensation to prisoners or residents injured in prison industries employment. In accordance with s. 102.03 (2), for an inmate of a state institution or a resident subject to s. 303.01 (1) (b) employed under s. 303.06 (2), compensation under ch. 102 on being released from the applicable institution, either on parole or, on final discharge or in accordance with ch. 48, whichever is applicable, is the exclusive remedy against the department and any employe of the department for any injury sustained by the inmate or resident while performing service growing out of and incidental to that employment. The department shall make any payments required under this section from the revolving appropriation for the operation of prison industries or, if there is no revolving appropriation for the operation of prison industries, from the general fund.

27,6403 Section 6403 . 303.22 of the statutes is amended to read:

303.22 Work on Sundays and holidays. No prisoner shall, or resident subject to s. 303.01 (1) (b), may be compelled to work on Sunday or a legal holiday, except it be on if the work is necessary household work or when the work is necessary to maintain the management or discipline of the institution.

27,6405 Section 6405 . 304.06 (1) (b) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

304.06 (1) (b) Except as provided in sub. (1m) or s. 161.49 (2), 302.045 (3) or 973.0135, the parole commission may parole an inmate of the Wisconsin state prisons or any felon or any person serving at least one year or more in a county house of correction or a county reforestation camp organized under s. 303.07, when he or she has served 25% of the sentence imposed for the offense, or 6 months, whichever is greater. The parole commission may parole a participant in the youthful offender program under s. 48.537 when he or she has participated in that program for 2 years. Except as provided in s. 939.62 (2m) or 973.014, the parole commission may parole an inmate serving a life term when he or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject to extension using the formulas under s. 302.11 (2). The person serving the life term shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary may grant special action parole releases under s. 304.02. The department or the parole commission shall not provide any convicted offender or other person sentenced to the department's custody any parole eligibility or evaluation until the person has been confined at least 60 days following sentencing.

27,6405m Section 6405m. 304.06 (1) (b) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

304.06 (1) (b) Except as provided in sub. (1m) or s. 161.49 (2), 302.045 (3) or 973.0135, the parole commission may parole an inmate of the Wisconsin state prisons or any felon or any person serving at least one year or more in a county house of correction or a county reforestation camp organized under s. 303.07, when he or she has served 25% of the sentence imposed for the offense, or 6 months, whichever is greater. The parole commission may parole a participant in the serious juvenile offender program under s. 48.538 when he or she has participated in that program for 2 years. Except as provided in s. 939.62 (2m) or 973.014, the parole commission may parole an inmate serving a life term when he or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject to extension using the formulas under s. 302.11 (2). The person serving the life term shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary may grant special action parole releases under s. 304.02. The department or the parole commission shall not provide any convicted offender or other person sentenced to the department's custody any parole eligibility or evaluation until the person has been confined at least 60 days following sentencing.

27,6406 Section 6406 . 304.07 of the statutes, as affected by 1993 Wisconsin Act 385, is renumbered 48.535.

27,6407x Section 6407x. 304.073 of the statutes is created to read:

304.073 Administrative and minimum supervision. (1) In this section:

(a) “Administrative supervision" has the meaning given in s. 301.08 (1) (c) 1. a.

(b) “Minimum supervision" has the meaning given in s. 301.08 (1) (c) 1. b.

(2) Beginning on January 1, 1996, the department shall charge a fee to any probationer or parolee who is under minimum or administrative supervision and is supervised by the department. The fee does not apply if the person is supervised by a vendor under s. 301.08 (1) (c) 2. The department shall set the fee sufficient to cover the cost of supervision. The department shall collect moneys for the fee charged under this subsection and credit those moneys to the appropriation account under s. 20.410 (1) (ge).