AB444: Bill Text

AB444, s. 9 Section 9. 303.10 of the statutes is created to read:

AB444,7,7 303.10 County work camp. (1) The county board of any county may provide a work camp for the reformation and employment of persons sentenced to the county jail. Any 2 or more counties may jointly provide one work camp.

AB444,7,8 (2) The sheriff may transfer persons between a county jail and a work camp.

AB444,7,10 (3) The sheriff may provide prisoners assigned to a work camp the opportunity, on a volunteer basis, to do any of the following:

AB444,7,11 (a) Perform meaningful work at paid employment in the community.

AB444,7,12 (b) Provide labor on a public works project.

AB444,7,17 (c) Perform meaningful work on a project that serves the public interest or a charitable purpose and is operated by an organization that is exempt from federal income taxation under section 501 (c) (3) of the internal revenue code, but only if the work performed does not result in a competitive disadvantage to a for-profit enterprise.

AB444,7,23 (4) The sheriff shall not assign prisoners to work under sub. (3) on projects in a manner that results in the displacement of employed persons in the community or the replacement of workers on strike or locked out of work. If a collective bargaining agreement is in effect at a place of employment that is the site of a proposed work project under sub. (3) (c), that bargaining unit must agree to the assignment of prisoners at the place of employment before the assignment is made.

AB444,7,25 (5) Any intentional failure of a prisoner to report to or return from a work assignment is considered an escape under s. 946.42 (3) (a).

AB444,8,4 (6) Any prisoner employed under sub. (3) (a) shall reimburse the county for food, clothing and daily travel expenses to and from work for days worked. The county may collect moneys under sub. (8) (a) or may seek reimbursement under s. 302.372, but may not collect for the same expenses twice.

AB444,8,11 (7) The sheriff shall collect the wages or salary of each prisoner employed under sub. (3) or require the prisoner to turn over the wages, salary or benefits in full when received. The sheriff shall deposit the wages, salary or benefits in a trust checking account and shall keep a ledger showing the status of the account of each prisoner. The wages or salary are not subject to garnishment in the hands of either the employer or the sheriff during the prisoner's term, and shall be disbursed only as provided in this section; but for tax purposes they are income of the prisoner.

AB444,8,13 (8) Except as provided in sub. (9), the sheriff shall disburse wages, salary or benefits collected under sub. (7) in the following priority order:

AB444,8,14 (a) Reimbursement to the county under sub. (6).

AB444,8,17 (b) Support of the prisoner's dependents who are receiving public assistance, as defined in s. 101.38 (1) (g), up to the maximum of the public assistance benefit but not exceeding 50% of the prisoner's net earnings.

AB444,8,21 (c) For prisoners without dependents receiving public assistance, placement, at the prisoner's option, of 50% of the prisoner's net earnings in either the prisoner's personal savings account in a financial institution or in escrow by the department for use by the prisoner upon release.

AB444,8,22 (d) The balance, if any, to the prisoner's institutional account.

AB444,8,25 (9) The county board may enact an ordinance to require the sheriff to disburse wages, salary or benefits collected under sub. (7) using the priority order under s. 303.08 (5) instead of the priority order under sub. (8).

AB444,9,2 (10) An employer that employs a prisoner for work under this section shall pay the prisoner at a rate agreed upon with the sheriff.

AB444,9,8 (11) (a) Any officer, employe or agent of a county, employer or organization involved in the provision of any of the work camp options listed under sub. (3), and the county, employer and organization, are immune from civil liability for the death or injury of a prisoner caused by the good faith act or omission of the officer, employe or agent of the county, employer or organization related to carrying out any responsibilities under a work camp option.

AB444,9,11 (b) The immunity under this subsection includes any good faith act or omission that occurs during the transportation of a prisoner to or from a work camp option listed under sub. (3).

AB444,9,13 (c) The immunity under this subsection does not apply to any person whose act or omission involves reckless, wanton or intentional misconduct.

AB444, s. 10 Section 10. 351.08 of the statutes is amended to read:

AB444,9,25 351.08 Operation of motor vehicle by habitual traffic offender or repeat habitual traffic offender prohibited; penalty; enforcement. Any person who is convicted of operating a motor vehicle in this state while the revocation under this chapter is in effect shall, in addition to any penalty imposed under s. 343.44, be fined not to exceed $5,000 and imprisoned not to exceed 180 days. No portion of the sentence may be suspended, except in a case where operating was made necessary by a situation of emergency, as determined by the court. Any person imprisoned under this section, on his or her request, may be allowed Huber law work privileges under s. 303.08 or may be allowed to work under s. 303.10 (3). For the purpose of enforcing this section, in any case in which the accused is charged with driving a motor vehicle while his or her license, permit or privilege to drive is suspended or revoked or is charged with driving without a license, the court before hearing the charge shall determine whether the person is a habitual traffic offender or repeat habitual traffic offender and therefore barred from operating a motor vehicle on the highways of this state.

AB444, s. 11 Section 11. 973.03 (3) (d) of the statutes is amended to read:

AB444,10,8 973.03 (3) (d) This subsection applies to persons who are sentenced to a county jail but are transferred to a Huber facility under s. 303.09, to a county work camp under s. 303.10 or to a tribal jail under s. 302.445.

AB444, s. 12 Section 12. 973.09 (4) of the statutes is amended to read:

AB444,11,7 973.09 (4) The court may also require as a condition of probation that the probationer be confined during such period of the term of probation as the court prescribes, but not to exceed one year. The court may grant the privilege of leaving the county jail, Huber facility, work camp or tribal jail during the hours or periods of employment or other activity under s. 303.08 (1) (a) to (e) while confined under this subsection. The court may specify the necessary and reasonable hours or periods during which the probationer may leave the jail, Huber facility, work camp or tribal jail or the court may delegate that authority to the sheriff. In those counties without a Huber facility under s. 303.09, a work camp under s. 303.10 or an agreement under s. 302.445, the probationer shall be confined in the county jail. In those counties with a Huber facility under s. 303.09, the sheriff shall determine whether confinement under this subsection is to be in that facility or in the county jail. In those counties with a work camp under s. 303.10, the sheriff shall determine whether confinement is to be in the work camp or the county jail. The sheriff may transfer persons confined under this subsection between a Huber facility or a work camp and the county jail. In those counties with an agreement under s. 302.445, the sheriff shall determine whether confinement under this subsection is to be in the tribal jail or the county jail, unless otherwise provided under the agreement. In those counties, the sheriff may transfer persons confined under this subsection between a tribal jail and a county jail, unless otherwise provided under the agreement. While subject to this subsection, the probationer is subject to s. 303.08 (1), (3) to (6), (8) to (12) and (14), or to s. 303.10, whichever is applicable, and to all the rules of the county jail, Huber facility, work camp or tribal jail and the discipline of the sheriff.

AB444, s. 13 Section 13. Initial applicability.

AB444,11,10 (1)  The treatment of section 302.372 of the statutes first applies to expenses incurred on the effective date of this subsection.

AB444,11,11 (End)