Adult correctional system
Prison industries
Under current law, the department of corrections (DOC) administers a prison industries program for the employment of inmates. This bill permits DOC to lease space within prisons, or within correctional institutions for children, to not more than 3 private businesses to employ inmates or residents to manufacture products or components or provide services for sale on the open market. Before any such business begins, the joint committee on finance (JCF) must hold an informational hearing and the prison industries board must approve the business. The private business may not be run as a prison industry, except in regard to payment and disposition of wages, eligibility of employes for worker's compensation benefits and the authority of DOC to maintain security and control in its institutions. The private business would not be subject to provisions that require adherence to state purchasing requirements, such as the general requirement to purchase from the lowest responsible bidder; prohibit the sale of many products in the open market; require the sale of products by prison industries sales personnel; and include all the industries in a manufacturing and marketing plan and a separate accounting system.
Current law prohibits the sale in the open market of most goods made by state, city or county prisoners. Current exceptions apply for items such as farm machinery, implements and tools. This bill authorizes the sale, in the open market, of by-products of mattresses and by-products of paint from prison industries recycling operations. The bill also authorizes tax-supported institutions and nonprofit agencies to sell, on the open market, products manufactured by inmates of any state penal institution as part of a hobby-craft program or vocational training.
Currently, DOC administers the prison industries program only in state prisons. This bill allows DOC to operate prison industries in any DOC correctional institution for children.
Under current law, state agencies generally must pay interest when they receive property or services and have a balance due after 31 days. One exception to this requirement involves situations in which an order or contract is between 2 or more state agencies. This bill removes the exception if the order or contract involves prison industries. Thus, in that situation, interest must be paid.
Other adult correctional system
Under current law, DOC has general authority to enter into contracts to purchase care and services from public or private agencies. This bill specifically permits DOC to contract with public or private vendors to provide for the supervision of probationers and parolees who are under minimum or administrative supervision. These are probationers and parolees who need only infrequent face-to-face contacts with a probation and parole agent or other representative of DOC. The contract must authorize any such vendor to charge a fee to the supervised probationers and parolees.
Under current law, DOC charges and collects fees for certain services that it provides. This bill requires DOC to charge and collect a fee of $1 per day from probationers and parolees. A probationer or parolee is exempt from the fee while he or she is unemployed, in school on a full-time basis, undergoing treatment or unable to work for medical reasons.
Under current law, if an inmate earns wages and receives medical or dental services, DOC may require him or her to pay a deductible, coinsurance, copayment or similar charge upon the services that the inmate receives. This bill requires DOC to assess the inmate for the deductible, coinsurance, copayment or similar charge if the inmate requests the services. DOC must charge at least $2.50 for each request. These provisions are subject to DOC's current authority to waive liability based on inability to pay.
Under current law, counties are generally responsible for the costs associated with prisoners in county jails. However, DOC must pay counties for certain costs relating to the maintenance of a person held, pursuant to a departmental hold order, in a county jail pending the disposition of his or her parole or probation revocation proceedings. Counties receive $40 per prisoner per day subject to various restrictions. In addition, DOC must pay $500,000 in each fiscal year to any county that had 12,000 or more reimbursable days in the prior fiscal year. This bill requires that payment to be made to a county with 18,000 or more reimbursable days in a fiscal year.
Under current law, DOC may not expand the Green Bay Correctional Institution beyond the institution's walls. This bill permits DOC to expand beyond the walls on the west and north sides of the institution.
Juvenile correctional system
Under current law, the department of health and social services (DHSS) operates the juvenile secured correctional facilities known as the Ethan Allen School and the Lincoln Hills School. Those facilities are used for the placement of children who have been adjudicated delinquent and placed in one of those facilities under the supervision of DHSS. Under current law, effective December 1, 1995, DOC will administer a youthful offender program for children who have been adjudicated delinquent and ordered to participate in that program. Current law authorizes DOC, effective December 1, 1995, to operate juvenile secured correctional facilities for the placement of youthful offender program participants. This bill transfers from DHSS to DOC, effective July 1, 1996, the Ethan Allen School and the Lincoln Hills School.
Under current law relating to community youth and family aids (generally referred to as "youth aids"), various state and federal funds are allocated to counties to pay for state-provided correctional services and local delinquency-related and juvenile justice services. DHSS charges counties for the costs of services provided by DHSS. Under current law, youth aids may not be used for children who are placed in correctional institutions on the basis of having committed certain violent offenses. Under current law, the cost of care for these children is paid at a specified per person daily reimbursement rate from general purpose revenue moneys appropriated to DHSS. Because under this bill, those children may be placed in the serious juvenile offender program administered by DOC, the bill eliminates payment for those children from general purpose revenues appropriated to DHSS effective July 1, 1996.
The bill also provides the amount of youth aids funds allocated to counties for the 1995-97 state fiscal biennium and provides new per-person daily cost assessments upon counties for juvenile placements during the 1995-97 biennium as follows:
7/1/95 1/1/96 7/1/96 1/1/97
to to to to
Placement 12/31/95 6/30/96 12/31/96 6/30/97
Juvenile correctional $127.98 $127.98 (to be set (to be set
by statute) by statute)
institution
Transfers from a $127.98 $127.98 (to be set (to be set
juvenile by statute) by statute)
correctional
institution to
a treatment facility
Adult correctional (set by DOC by rule)
institution
Child caring $147.84 $153.80 $153.87 $156.98
institution
Group home $102.44 $106.60 $106.69 $108.86
Foster care $22.84 $23.80 $23.80 $24.29
Treatment foster care $65.94 $68.58 $68.58 $69.95
Departmental $81.55 $81.55 $82.11 $82.11
corrective
sanctions services
Departmental $13.00 $13.00 $13.28 $13.29
aftercare
The bill requires DHSS to submit to the secretary of administration and the cochairpersons of the joint committee on finance (JCF) proposed rates to counties for maintaining a child in a juvenile correctional institution during the 1996-97 fiscal year and requires the secretary, if he or she approves of those rates, to submit proposed legislation providing for those rates to the cochairpersons of JCF.
The bill requires DHSS to evaluate the formula used by DHSS to allocate youth aids to counties in light of any changes in the number of children placed under the supervision of DHSS as a result of amendments in the law made by this bill and to submit to the secretary of administration and the cochairpersons of JCF a proposed youth aids formula that reflects that change. If the secretary approves that formula, he or she must include it in the 1997-99 budget compilation.
Under current law, DHSS must adjust the per-person daily cost assessment upon counties for state-provided juvenile correctional services at least annually. If there is an increase in the assessment, DHSS must increase the funds available to counties to cover that increase. This bill eliminates the requirements that DHSS adjust that assessment annually and provide funding to cover any increase in that assessment.
Under current law, a county department of human services or social services may provide an intensive supervision program, consisting of intensive surveillance and community-based treatment services, for children who have been adjudicated delinquent and ordered to participate in an intensive supervision program. This bill eliminates the authority of county departments to provide intensive supervision programs.
Current law provides an intensive aftercare program for children who have been released from secured correctional facilities, child-caring institutions and secure alcohol and other drug abuse treatment programs with the aim of reducing recidivism by determining what types and levels of intensity of services are effective for reducing recidivism for children on aftercare. This bill eliminates that program.
Under current law, DOC may enter into contracts with counties to have DOC provide electronic monitoring for certain children who have been ordered by a juvenile court to be subject to electronic monitoring. Currently, children may not be assessed a fee for these services. This bill broadens DOC's authority, allowing DOC to enter into a contract with a county social services department or DHSS so that DOC can provide electronic monitoring services for any child who is in the custody or under the supervision of the county department or DHSS. DOC charges fees for the services that it provides. Under a placement agreement, the child or the child's parent or guardian may be charged a fee for these services.
This bill permits moneys received as payments in restitution of property that is damaged at a juvenile secured correctional facility, moneys received from the sale of surplus property from a juvenile secured correctional facility and moneys received for miscellaneous services provided at a juvenile secured correctional facility to be used for the repair or replacement of property damaged at the facility and for the provision of those miscellaneous services.
Courts and procedure
Circuit courts
Under current law, the director of state courts reimburses counties for the costs of guardians ad litem, who are appointed by courts to represent the interests of children or incompetent persons. If the state moneys appropriated are insufficient, the county payments are prorated. This bill eliminates that reimbursement program and allows counties to include those costs in the court costs that are eligible for state reimbursement under current circuit court support grants.
The court support payment program is currently funded by a $20 court support services fee that is assessed to litigants. This bill raises that fee to $40.
This bill requires a county board to provide one judicial assistant for every 3 circuit judges in counties with 3 or more circuit court branches to assist the judges with clerical and administrative duties. Under current law, the costs of the judicial assistants are included in those court costs that are eligible for state reimbursement under the circuit court support grants.
Under current law, the fees collected by the clerk of circuit court for most civil actions are increased for the period from September 1, 1989, to December 31, 1995. This bill removes the expiration date of December 31, 1995, for the increased fees.
Under current law, funding to reimburse Milwaukee County for the costs of operating a drug court in Milwaukee expires June 30, 1995. This bill changes that expiration date to June 30, 1997.
Under current law, each circuit judge is responsible for appointing a court reporter to serve in the branch of that circuit judge. This bill instead requires the chief judge of the judicial administrative district, in cooperation with the district court administrator, to appoint, assign and supervise the court reporters serving the circuit courts within that judicial administrative district.
Under current law, in civil cases, traffic cases, municipal court actions to impose civil monetary forfeitures and small claims actions if a jury is requested, the jury consists of 6 persons. In certain cases, including traffic cases and forfeiture actions, a party to the action may request a greater number of jurors, not to exceed 12 persons. This bill limits the number of jurors to 6 persons in cases involving traffic regulations.
Under current law, a circuit court fee of $10 collected by each county for filing a petition requesting child or family support or maintenance is used to fund the county's cost of administering the child and spousal support and paternity program. Under this bill, the fee is used for court services related to the filing of a petition for support or maintenance.
Under current law, a court reporter receives a fee for making a transcript of the court record of $1.50 for a 25-line page for the original and 50 cents for a duplicate page. The fee generally is paid by the county. If the state public defender (SPD) represents the defendant, the state pays the fee. If another party to an action requests a transcript, the party pays the court reporter a fee of $1.75 for a 25-line page for the original and 60 cents for a duplicate page.
This bill allows a court reporter to collect these transcript fees after June 30, 1995, only if the transcript is produced on computer-aided transcription equipment owned by the court reporter and purchased before January 1, 1995. The bill eliminates all court reporter fees after June 30, 1997.
Other courts and procedure
Under current law, certain proceedings in a criminal case may be conducted by telephone or live audiovisual means, if available. Some of these proceedings may be conducted by telephone or live audiovisual means only with the consent of the defendant. This bill eliminates the requirement for the defendant's consent. Under the bill, either party may request that the proceedings be conducted by telephone or live audiovisual means. The court may then permit the proceedings to be conducted by telephone or live audiovisual means unless the opposing party shows good cause for not doing so.
Under current law, in antitrust actions, the court may award private parties, but not the department of justice (DOJ), the costs of a suit, including reasonable attorney fees. The costs must be paid by the losing party. In pollution discharge actions, the court may award DOJ the costs of any investigation and monitoring related to a prosecution. Current law does not give the court authority to provide any similar awards to DOJ in consumer protection, medical assistance fraud and environmental protection actions.
This bill permits the court, in consumer protection, environmental protection, medical assistance fraud and pollution discharge actions, to award DOJ an amount reasonably necessary to remedy the harmful effects of the violation, the costs of the suit, including attorney fees and the expenses of investigation and prosecution.
Under current law, the judicial commission, composed of 5 nonlawyers appointed by the governor with the consent of the senate and 2 judges and 2 state bar members appointed by the supreme court, investigates any misconduct or permanent disability of a judge or court commissioner. The supreme court reviews the actions of the commission and determines the appropriate discipline or action to take in response to the commission's investigation.
Under current law, the judicial council studies the rules of practice and procedure in the courts and the organization and methods of operation of the courts. The judicial council recommends changes in court practice and procedure to the legislature and to the supreme court and advises the supreme court in the promulgation of rules that regulate pleadings, practice and procedure in judicial proceedings.
This bill retains both the judicial commission and the judicial council but abolishes the executive secretary of and clerical support for the judicial council. Under the bill, the judicial commission provides staff services to the judicial council.
This bill provides immunity from civil liability for property damage if the person causing the damage was acting in good faith in containing and stabilizing a discharge of oil into any navigable waterway and was under the direction of a state or federal hazardous substance contingency plan, a federal on-scene coordinator or the secretary of natural resources. This immunity does not apply to a person who possesses or controls the oil which is discharged, who causes the discharge of the oil or whose act or omission involves reckless, wanton or intentional misconduct.
Public defender
Under current law, the SPD may seek payment for legal services provided to persons who are indigent in part, from the parents of children for whom the SPD provides legal counsel who are not indigent or who are indigent in part and from persons who have been represented by the SPD and whose financial circumstances improve.
Under this bill, the SPD must establish a system to verify the income, assets and expenses of the persons seeking representation, to make redeterminations of indigency during the course of representation and to collect payments from persons who have been provided counsel. The bill authorizes the SPD to gain access to, and to receive copies of, the income tax returns of its clients from whom the SPD seeks payment for legal representation.
Under current law, if an indigent person is the respondent in a paternity action and the petitioner is represented by the district attorney, corporation counsel, attorney responsible for support enforcement or some other state or county attorney, the indigent person is entitled to state-paid legal counsel under the SPD program on the issues of paternity determination and initial child support establishment. The legal services provided by SPD end, however, if during the paternity proceeding the results of blood tests show that the respondent is excluded as the father or that the statistical probability of the respondent being the father is 99.0% or higher. This bill eliminates entirely the entitlement of an indigent respondent in a paternity action to state-paid legal services provided by SPD.
Under a decision by the Wisconsin court of appeals, which the Wisconsin supreme court refused to review and thus upheld, an indigent person is entitled to representation by the SPD in an action for contempt of court that is brought by the state because the person, if found in contempt, may be incarcerated. Brotzman v. Brotzman, 91 Wis. 2d 335 (1979). This bill provides that the SPD may not provide legal representation to a person who is subject to a contempt of court proceeding for failure to pay child or family support if the matter is not brought by the state or if the judge or family court commissioner hearing the matter certifies to the SPD that the person will not be incarcerated if found in contempt.
Under current law, the SPD may provide legal representation on behalf of an indigent person in a case attacking the conditions of the person's confinement, if the SPD believes the case should be pursued. This bill eliminates this authority.
Current law provides caseload standards that a staff attorney in the SPD trial division is expected to handle. This bill increases those standards for felony cases from 166.8 to 184.5 per year, for misdemeanor cases from 410.9 to 492 per year and for juvenile cases from 228.4 to 246 per year.
Current law reduces the caseload standards of 12 SPD staff attorneys to 50% of the full caseload standards imposed by law and requires them to perform supervisory duties. This bill repeals this provision.
Under current law, the SPD assigns some cases to staff attorneys and some cases to private local attorneys. In each county, the SPD creates a list of qualified private local attorneys for each type of case handled. Generally, the SPD assigns cases in order according to the applicable list. An attorney may not be excluded from a list unless the SPD states in writing the reasons for the exclusion. This bill allows the SPD to assign cases to a private local attorney, without regard to the lists, for reasons related to that attorney's performance.
Under current law, a private local attorney who receives an assignment from the SPD generally receives $50 per hour for time spent in court, $40 per hour for time spent out of court, excluding travel, and $25 per hour for travel in certain situations. The SPD may also enter into annual contracts with private local attorneys to handle vehicle-related cases and to pay those attorneys an amount set in the contract that does not exceed the previously described rates. This bill authorizes such contracts in all cases, requires the SPD to enter into as many of these contracts as possible, allows the contracts to be made with attorneys or law firms and requires that the contracts set a fixed-fee total amount (subject to the hourly rate limits).
Current law requires that a prosecutor make available to a person charged with a crime certain information, such as statements of witnesses, police reports and reports of scientific testing, that the prosecutor has in his or her possession. This bill requires the SPD to pay any fee charged for photocopying any such items made available to a person charged with a crime if the SPD or a private attorney appointed by the SPD represents the person. The fee that the SPD may be charged for photocopies may not exceed the actual, necessary and direct cost of photocopying.
Current law requires a court in criminal, children's code, mental health act and protective services proceedings to consider the ability of the person who is the subject of the proceeding to cooperate and understand the proceeding. If the court has notice that the person has a language difficulty, current law requires the court to hold a hearing to determine if that person needs an interpreter.
Current law requires the state to pay for an interpreter provided to an indigent if the proceedings are in the supreme court, a court of appeals or a circuit court. In Appointment of Interpreter in State v. Le, 184 Wis. 2d 860 (1994), the Wisconsin supreme court decided that the director of state courts is the state agency responsible for the payment of the fees of an interpreter for an indigent in circuit court proceedings and that the SPD is responsible for the payment of fees for those services provided outside a court proceeding. Current law limits the payment of interpreter fees in court proceedings to $35 per one-half day.
This bill codifies the supreme court decision, requiring the SPD to pay the interpreter fees for out -- of -- court assistance to the SPD. The bill sets a payment limit of $35 per one-half day for interpreter services provided to the SPD outside of court proceedings.
Current law requires the clerk of circuit court to collect a fee of $1.25 per page for copies of general court documents. The register in probate and sheriff collect a fee of $1 per page for copies of similar documents. This bill requires the clerk of circuit court, the register in probate and the sheriff to instead charge the actual, necessary and direct costs for those documents when copies of those documents are requested by the SPD.
Crimes
Under current law, with certain exceptions for repeat serious felony offenders, if a person is convicted of first-degree intentional homicide or another crime punishable by life imprisonment, the court must sentence the person to life imprisonment and must make a parole eligibility determination either allowing ordinary parole eligibility provisions to apply or setting a later parole eligibility date. This bill gives the court a 3rd option: the court may provide that the life imprisonment is without the possibility of parole.
Current law provides a number of penalty enhancement provisions to allow for increased penalties whenever crimes are committed under specified circumstances. This bill provides penalty enhancement for violent crimes committed on or within 1,000 yards of school premises or a school bus. If the underlying crime is a felony, the maximum period of imprisonment is increased by 5 years. If the underlying crime is a misdemeanor, the maximum period of imprisonment is increased by 6 months. In addition, unless the person who is convicted of a crime poses a public safety risk, the court may require the person to complete 100 hours of community service work.
Under current law, the sentencing commission promulgates rules providing guidelines for use by judges whenever sentencing most felony defendants. Judges must take the guidelines into account when imposing a sentence, but may deviate from the guidelines by stating on the record the reasons for the deviation. This bill abolishes the sentencing commission and eliminates the requirement that judges consider the guidelines.
Education
Primary and secondary education
Article X, Section 1, of the Wisconsin Constitution provides that "the supervision of public instruction shall be vested in a state superintendent of public instruction and such other officers as the legislature shall direct ...." The constitution provides for the election of the state superintendent. The statutes provide that the state superintendent directs and supervises the department of public instruction.
Effective July 1, 1996, this bill changes the name of the department of public instruction (DPI) to the department of education (DOE) and provides for DOE to be under the direction and supervision of a secretary of education who is nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor. All duties and powers currently assigned or granted to the state superintendent, including membership on various boards and councils, are transferred to the secretary of education. The bill creates an office of the state superintendent, attached to DOE, under the direction and supervision of the state superintendent, and directs the state superintendent to:
1. Visit, ascertain the condition of and stimulate public interest in the public schools.
2. Advocate for the needs of children and school districts.
3. Provide information to the public on the public schools and school districts.
4. Annually submit to the governor and the legislature a plan for improving the public schools and the academic achievement of public school pupils.
This bill transfers from DPI to the department of revenue (DOR), effective July 1, 1996, the responsibility for calculating and distributing general school aid, the responsibility for distributing handicapped education aid, pupil transportation aid, bilingual-bicultural education aid, school library aids and tuition payments. The bill transfers 10 FTE positions from DPI to DOR, but no incumbent DPI employes are transferred.
Current law requires any person having under his or her control a child between the ages of 6 and 18 years to ensure that the child attends school regularly. Current law provides certain exceptions to that general rule:
1. With the written approval of the parent or guardian of a child who is at least 16 years old and a child at risk, the child may attend, part time or in lieu of high school, a technical college. A child at risk is a pupil in grades 5 to 12 who is one or more years behind his or her age group in the number of high school credits attained, or 2 or more years behind his or her age group in basic skill levels, and is also a dropout, a habitual truant, a parent or an adjudicated delinquent.
2. With the written approval of the parent or guardian of a child who is 16 years old, the child may be excused by a school board from school attendance if the child will participate in an alternative program that leads to high school graduation.
3. With the written approval of the parent or guardian of a child who is at least 17 years old, the child may be excused by a school board from regular school attendance if the child will participate in an alternative program leading to high school graduation or to a high school equivalency diploma.
4. With the written approval of the parent or guardian of a child who is at least 17 years old, the child must be excused by a school board from regular school attendance if the child began a program leading to a high school equivalency diploma in a secured correctional facility and the child and his or her parent or guardian agree that the child will continue to participate in such a program.
This bill reduces the age of compulsory school attendance from 18 to 17 years of age. The bill modifies the exception described in item 3, above. Under the bill, upon the request of any child who is at least 17 years old, the school board may allow the child to participate in an alternative program. Finally, the bill eliminates the exception described in item 4, above.
Under current law, a school district may admit a pupil who resides in another school district if the pupil's parents pay tuition. In addition, a pupil may attend a public school located outside his or her school district of residence if the 2 school boards agree, the state superintendent approves and the school district of residence pays tuition.
This bill creates an interdistrict school choice program. Beginning in the 1996-97 school year, the bill provides that a pupil may attend any public school located outside his or her school district of residence if the pupil's parent complies with certain application dates and procedures, and requires the school district of residence to pay tuition or an amount agreed to between the 2 school districts. The school district of residence continues to count the pupil in enrollment for state aid purposes.
The school board of attendance may reject an application only if there is no space available in the school or program or the pupil is involved in a disciplinary proceeding. The school board must reject an application, however, if acceptance would violate a plan to reduce racial imbalance in the school district or would be harmful to the efforts of the school board to achieve racial balance in the school district. Similarly, a school district may prohibit a resident pupil from attending school in another school district if the pupil is involved in a disciplinary proceeding. A school district must prohibit a resident pupil from attending school in another school district if allowing such attendance would violate a plan to reduce racial imbalance in the school district or would be harmful to the efforts of the school board to achieve racial balance in the school district.
Beginning in the 1996-97 school year, this bill also creates an interdistrict enrollment options program under which a pupil enrolled in a public school may attend a public school in another school district in order to take one or more courses under certain circumstances. The pupil must continue to attend school in his or her school district of residence for at least one course; the school board of the other school district must determine that there is space available; the school board of the resident school district must not offer, or have space available in, a comparable course; if the course is offered in the high school grades, the school board of the resident school district must determine that the course satisfies high school graduation requirements; and the pupil must meet all of the prerequisites for the course. Acceptance and rejection criteria and procedures for the program are identical to the acceptance and rejection criteria and procedures for the interdistrict school choice program.
The school board of the school district of residence must pay to the school board of the other school district an amount equal to the cost of providing a course to a nonresident pupil under the program, as determined by DOE.
Beginning in the 1996-97 school year, this bill allows a pupil enrolled in a public school to attend a public school located within the pupil's school district of residence but outside the pupil's attendance area under certain circumstances. The school board must determine that there is space available and the pupil must meet all of the prerequisites for the course.
The bill provides that the school board may not reject an application to attend a school in a different attendance area based on the pupil's academic achievement. In addition, the provision described above regarding acceptance or rejection based on the effect on the school district's plans to reduce racial imbalance applies to the intradistrict enrollment options program.
The bill allows a school board that is participating in a special transfer program to reduce racial imbalance (commonly known as chapter 220) or in a merged attendance area program to reduce racial imbalance to modify the application deadlines established in this bill if the deadlines would conflict with chapter 220 or merged attendance area program procedures.
In addition, the parent of a pupil who resides in a school district participating in one of the integration programs must submit the application to attend another school district to the school board of the school district of residence for approval.
The bill also authorizes DOE to modify any provision contained in the interdistrict and intradistrict programs if DOE agrees with the school board that the provision is harmful to the integration program or to the school district's efforts to achieve racial balance.
Current law allows up to 1.5% of the enrollment of the Milwaukee Public Schools (MPS) to attend, at no charge, any nonsectarian private school located in the city of Milwaukee under certain circumstances. The state pays the private school, on behalf of the pupil, an amount equal to the amount of per pupil aid that MPS receives from the state, and subtracts that amount from the amount paid to MPS.
