LRBs0269/2
JEO/RPN:skg&kmg:km
1995 - 1996 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
To 1995 ASSEMBLY BILL 444
October 26, 1995 - Offered by Representative Seratti.
AB444-ASA1,1,4
1An Act to amend 71.935 (1) (a), 301.37 (1), 302.38 (4), 302.381, 302.425 (1) (b),
2302.425 (3), 351.08, 973.03 (3) (d) and 973.09 (4); and
to create 71.78 (4) (p),
3102.07 (17), 161.01 (12m) (f), 302.372, 303.08 (5m) and 303.10 of the statutes;
4relating to: county prisoners and county work camps.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB444-ASA1,1,76
71.78
(4) (p) A municipality or county for the purpose of verifying information
7provided by a person on a form under s. 302.372 (2) (b).
AB444-ASA1,1,1310
71.935
(1) (a) "Debt" means an unpaid fine, fee, restitution or forfeiture of at
11least $20
or unpaid reimbursement for expenses of at least $20 to which the county
12is entitled under s. 302.372, 302.38 (4), 302.381, 302.425 (3), 303.08 (5m) or 303.10
13(6).
AB444-ASA1,2,3
1102.07
(17) A prisoner of a county jail who is assigned to a work camp under
2s. 303.10 is not an employe of the county or counties providing the work camp while
3the prisoner is working under s. 303.10 (3).
AB444-ASA1, s. 4
4Section
4. 161.01 (12m) (f) of the statutes is created to read:
AB444-ASA1,2,55
161.01
(12m) (f) A work camp under s. 303.10.
AB444-ASA1,2,147
301.37
(1) The department shall fix reasonable standards and regulations for
8the design, construction, repair and maintenance of houses of correction,
9reforestation camps maintained under s. 303.07, jails as defined in s. 302.30,
10extensions of jails under s. 59.68 (7), rehabilitation facilities under s. 59.07 (76),
11lockup facilities as defined in s. 302.30,
work camps under s. 303.10, Huber facilities
12under s. 303.09 and, after consulting with the department of health and social
13services, secure detention facilities, with respect to their adequacy and fitness for the
14needs which they are to serve.
AB444-ASA1,2,17
16302.372 Prisoner reimbursement to a county. (1) Definitions. In this
17section:
AB444-ASA1,2,1918
(a) "Jail" includes a house of correction, Huber facility under s. 303.09 or a work
19camp under s. 303.10.
AB444-ASA1,2,2020
(b) "Jailer" includes a sheriff, superintendent or other keeper of a jail.
AB444-ASA1,2,24
21(2) Reimbursement of expenses; county option. (a) Except as provided in pars.
22(c) and (d), a county may seek reimbursement for any expenses incurred by the
23county in relation to the crime for which a person was sentenced to a county jail, or
24for which the person was placed on probation and confined in jail, as follows:
AB444-ASA1,3,4
11. From each person who is or was a prisoner, not more than the actual per-day
2cost of maintaining that prisoner, as set by the county board by ordinance, for the
3entire period of time that the person is or was confined in the jail, including any
4period of pretrial detention.
AB444-ASA1,3,55
2. To investigate the financial status of the person.
AB444-ASA1,3,76
3. Any other expenses incurred by the county in order to collect payments under
7this section.
AB444-ASA1,3,178
(b) Before seeking any reimbursement under this section, the county shall
9provide a form to be used for determining the financial status of prisoners. The form
10shall provide for obtaining the social security number of the prisoner, the age and
11marital status of a prisoner, the number and ages of children of a prisoner, the
12number and ages of other dependents of a prisoner, the income of a prisoner, type and
13value of real estate owned by a prisoner, type and value of personal property owned
14by a prisoner, the prisoner's cash and financial institution accounts, type and value
15of the prisoner's investments, pensions and annuities and any other personality of
16significant cash value owned by a prisoner. The county shall use the form whenever
17investigating the financial status of prisoners.
AB444-ASA1,3,1918
(c) This section applies to expenses incurred on or after the effective date of this
19paragraph .... [revisor inserts date].
AB444-ASA1,3,2520
(d) The jailer shall choose, for each prisoner, whether to seek reimbursement
21under this section or as otherwise provided in chs. 301 to 303, but may not collect for
22the same expenses twice. The jailer may choose to seek reimbursement for the
23expenses under sub. (2) (a) using the method under sub. (5), the method under sub.
24(6) or a combination of both methods, but may not seek reimbursement for the same
25expenses twice.
AB444-ASA1,4,7
1(3) List of prisoners; information; reports. At the request of the county board,
2the jailer shall provide the board with a list containing the name of each sentenced
3prisoner or prisoner confined as a condition of probation, the term of sentence or
4confinement, and the date of admission, together with information regarding the
5financial status of each prisoner. The county board may direct the district attorney
6or corporation counsel for the county to investigate any information provided under
7this subsection to enable the county to obtain reimbursement under this section.
AB444-ASA1,4,13
8(4) Prisoner cooperation. A prisoner in a jail shall cooperate with the county
9in seeking reimbursement under this section for expenses incurred by the county for
10that prisoner. A prisoner who intentionally refuses to cooperate under this
11subsection may not earn good time credit under s. 302.43 or diminution of sentence
12under s. 303.19 (3). If the prisoner is confined as a condition of probation, refusal to
13cooperate is a ground for revocation of probation.
AB444-ASA1,4,19
14(5) Charge to obtain reimbursement. The jailer may charge a prisoner for the
15expenses under sub. (2) (a) while he or she is a prisoner. If the jailer maintains an
16institutional account for a prisoner's use for payment for items from canteen,
17vending or similar services, the jailer may make deductions from the account to pay
18for the expenses under sub. (2) (a). Any money collected under this subsection shall
19be deposited in the county treasury.
AB444-ASA1,4,25
20(6) Action to obtain reimbursement. (a) Within 12 months after the release
21of a prisoner from jail, the district attorney or corporation counsel for the county
22where the jail is located shall commence a civil action in circuit court to obtain a
23judgment for the expenses under sub. (2) (a) or be barred. The jailer shall provide
24any assistance that the district attorney or corporation counsel requests related to
25an action under this subsection.
AB444-ASA1,5,2
1(b) An action commenced under this subsection shall be commenced in the
2county where the jail is located or in the county where the defendant resides.
AB444-ASA1,5,63
(c) The complaint in an action commenced under this subsection shall include
4the date and place of the sentence, the length of time of the sentence, the length of
5time actually served in the jail and the amount of expenses incurred by the county
6under sub. (2) (a).
AB444-ASA1,5,107
(d) Before entering a judgment for the county, the court shall consider any legal
8obligations of the defendant for support or maintenance under ch. 767 and any moral
9obligation of the defendant to support dependants and may reduce the amount of the
10judgment entered for the county based on those obligations.
AB444-ASA1,5,1211
(e) Any money obtained as the result of an action commenced under this
12subsection shall be deposited in the county treasury.
AB444-ASA1,5,2015
302.38
(4) The governmental unit paying the costs of medical or hospital care
16under this section, regardless of whether the care is provided in or out of the jail or
17house of correction, may collect the value of the same from the prisoner or the
18prisoner's estate as provided for in s. 49.08.
If applicable, the governmental unit may
19proceed to collect under this section or may seek reimbursement under s. 302.372,
20but may not collect for the same expenses twice.
AB444-ASA1,6,3
22302.381 Emergency services for crisis intervention for prisoners. The
23costs of providing emergency services for crisis intervention for prisoners of a jail or
24house of correction with medical illnesses or disabilities, mental illnesses,
25developmental disabilities or alcohol or other drug abuse problems are payable
1according to the criteria under s. 302.38 (2).
If applicable, a county may seek
2payment under this section or seek reimbursement under s. 302.372, but may not
3collect for the same expenses twice.
AB444-ASA1,6,76
302.425
(1) (b) "Jail" includes a house of correction
, a work camp under s.
7303.10 and a Huber facility under s. 303.09.
AB444-ASA1, s. 10
8Section
10. 302.425 (3) of the statutes, as affected by 1995 Wisconsin Acts 26
9and 27, is amended to read:
AB444-ASA1,6,2110
302.425
(3) Placement of a prisoner in the program. If a prisoner described
11under sub. (2) and the department of corrections agree, the sheriff or superintendent
12may place the prisoner in the home detention program and provide that the prisoner
13be detained at the prisoner's place of residence or other place designated by the
14sheriff or superintendent and be monitored by an active electronic monitoring
15system. The sheriff or superintendent shall establish reasonable terms of detention
16and ensure that the prisoner is provided a written statement of those terms,
17including a description of the detention monitoring procedures and requirements
18and of any applicable liability issues. The terms may include a requirement that the
19prisoner pay the county a daily fee to cover the county costs associated with
20monitoring him or her.
The county may obtain payment under this subsection or s.
21302.372, but may not collect for the same expenses twice.
AB444-ASA1,6,2423
303.08
(5m) A county may receive payments under sub. (5) (a) and (b) or seek
24reimbursement under s. 302.372, but may not collect for the same expenses twice.
AB444-ASA1,7,4
1303.10 County work camp. (1) (a) Subject to par. (b), the county board of
2any county may provide a work camp for the reformation and employment of persons
3sentenced to the county jail. Any 2 or more counties may jointly provide one work
4camp.
AB444-ASA1,7,115
(b) Before establishing a work camp under par. (a), the county board or, if 2 or
6more counties want jointly to provide one work camp, the county boards of all of the
7counties providing the work camp shall agree with the sheriff who will administer
8the work camp concerning the staffing level of the work camp. If the bounty board
9or, if applicable, county boards and the sheriff do not reach an agreement concerning
10the staffing level of a work camp, the county board or, if applicable, county boards
11may not establish the work camp.
AB444-ASA1,7,18
12(1g) If a county board establishes a work camp under sub. (1), the sheriff of the
13county or a person designated by that sheriff shall administer the work camp unless
14the county board provides otherwise. If 2 or more counties jointly provide for one
15work camp under sub. (1), the sheriff of the county in which the work camp is located,
16or a person designated by that sheriff, shall administer the work camp unless the
17county boards of the counties that jointly established the work camp provide
18otherwise by unanimous agreement.
AB444-ASA1,7,22
19(1r) A work camp established under sub. (1) may be located within the house
20of correction of the county in which the work camp is located, if the county has a house
21of correction and if the work camp is operated as a separate unit from the house of
22correction.
AB444-ASA1,7,23
23(2) The sheriff may transfer persons between a county jail and a work camp.
AB444-ASA1,7,25
24(3) The sheriff may provide prisoners assigned to a work camp the opportunity,
25on a volunteer basis, to do any of the following:
AB444-ASA1,8,1
1(a) Perform meaningful work at paid employment in the community.
AB444-ASA1,8,42
(c) Perform meaningful work on a project that serves the public interest or a
3charitable purpose and is operated by an organization that is exempt from federal
4income taxation under section
501 (c) (3) of the internal revenue code.
AB444-ASA1,8,10
5(4) The sheriff shall not assign prisoners to work under sub. (3) on projects in
6a manner that results in the displacement of employed persons in the community or
7the replacement of workers on strike or locked out of work. If a collective bargaining
8agreement is in effect at a place of employment that is the site of a proposed work
9project under sub. (3) (c), that bargaining unit must agree to the assignment of
10prisoners at the place of employment before the assignment is made.
AB444-ASA1,8,12
11(5) Any intentional failure of a prisoner to report to or return from a work
12assignment is considered an escape under s. 946.42 (3) (a).
AB444-ASA1,8,16
13(6) Any prisoner employed under sub. (3) (a) shall reimburse the county for
14food, clothing and daily travel expenses to and from work for days worked. The
15county may collect moneys under sub. (8) or may seek reimbursement under s.
16302.372, but may not collect for the same expenses twice.
AB444-ASA1,8,23
17(7) The sheriff shall collect the wages or salary of each prisoner employed under
18sub. (3) or require the prisoner to turn over the wages, salary or benefits in full when
19received. The sheriff shall deposit the wages, salary or benefits in a trust checking
20account and shall keep a ledger showing the status of the account of each prisoner.
21The wages or salary are not subject to garnishment in the hands of either the
22employer or the sheriff during the prisoner's term, and shall be disbursed only as
23provided in this section; but for tax purposes they are income of the prisoner.
AB444-ASA1,8,25
24(8) The sheriff shall disburse wages, salary or benefits collected under sub. (7)
25using the priority order under s. 303.08 (5).
AB444-ASA1,9,2
1(10) An employer that employs a prisoner for work under this section shall pay
2the prisoner at a rate set by the county board by ordinance.
AB444-ASA1,9,8
3(11) (a) Any officer, employe or agent of a county, employer or organization
4involved in the provision of any of the work camp options listed under sub. (3), and
5the county, employer and organization, are immune from civil liability for the death
6or injury of a prisoner caused by the good faith act or omission of the officer, employe
7or agent of the county, employer or organization related to carrying out any
8responsibilities under a work camp option.
AB444-ASA1,9,119
(b) The immunity under this subsection includes any good faith act or omission
10that occurs during the transportation of a prisoner to or from a work camp option
11listed under sub. (3).