LRB-4303/1
JEO:skg:mkd
1995 - 1996 LEGISLATURE
October 5, 1995 - Introduced by Representatives Hahn, Ladwig, Olsen, Green,
Porter, Dobyns, Zukowski, Musser, Walker, Kreibich, Nass, Duff, F. Lasee,
Vrakas, Kaufert, Ainsworth, Seratti, Freese, Gunderson, Skindrud,
Handrick, Johnsrud, Lazich, Hoven, Albers and Ward, cosponsored by
Senators Fitzgerald, Zien, A. Lasee, Huelsman, Drzewiecki, Welch and
Buettner. Referred to Committee on Criminal Justice and Corrections.
AB604,1,4
1An Act to amend 302.12 (1) and 303.21 (1) (b);
to repeal and recreate 303.21
2(1) (b); and
to create 303.063 of the statutes;
relating to: authorizing the
3department of corrections to establish a chain gang work program and granting
4rule-making authority.
Analysis by the Legislative Reference Bureau
Current law contains several provisions for the employment of the inmates of
a state prison. For example, the department of corrections (DOC) administers a
prison industries program in the state prisons. In addition, DOC may grant work
release for certain eligible inmates. Finally, a warden or superintendent of a prison
may employ inmates outside the institution's yard in doing any work necessary to
the regular business of the institution or other state institutions or necessary to any
other activity of the state or any political subdivision of the state.
This bill authorizes DOC to establish a chain gang work program in which
inmates are assigned to work away from the grounds of the institution while joined
together in a group by a length of chain for security purposes. Under the bill, DOC
must determine the kind of work an inmate will do in a chain gang work program.
If DOC establishes such a program, DOC must promulgate rules specifying the
procedures and regulations for the program, including rules relating to eligibility
requirements, the minimum and maximum period of time for which an inmate is in
the program and the number of inmates in each group that is chained together. The
bill also authorizes DOC to restrict the recreation activities and privileges of an
inmate who is in the program, subject to the constitutional rights of inmates.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB604, s. 1
1Section
1. 302.12 (1) of the statutes is amended to read:
AB604,2,62
302.12
(1) The department may provide by rule for the payment of money to
3inmates
, including inmates in a chain gang work program under s. 303.063. The rate
4may vary for different prisoners in accordance with the pecuniary value of the work
5performed, willingness, and good behavior. The payment of money to inmates
6working in the prison industries shall be governed by s. 303.01 (4).
AB604, s. 2
7Section
2. 303.063 of the statutes is created to read:
AB604,2,11
8303.063 Chain gangs. (1) The department may establish a chain gang work
9program for medium security inmates in which the inmates are assigned to work
10away from the grounds of the institution while joined together in a group by a length
11of chain for security purposes.
AB604,2,14
12(2) If the department establishes a chain gang work program under sub. (1),
13the department shall determine the type of work that is assigned to the inmates in
14the program.
AB604,2,17
15(3) The department may, subject to the constitutional rights of inmates, limit
16the recreation activities and the privileges, including visitation and canteen
17privileges, of an inmate in a chain gang work program established under sub. (1).
AB604,2,21
18(4) If the department establishes a chain gang work program under sub. (1),
19the department shall, before implementing the program, promulgate rules
20specifying the procedures and regulations relating to the program, including rules
21relating to all of the following:
AB604,3,1
1(a) Eligibility requirements for the program.
AB604,3,32
(b) The minimum and maximum period of time for which an inmate is assigned
3to the program.
AB604,3,44
(c) The number of inmates in each group that is joined together by a chain.
AB604,3,65
(d) The recreation activities and privileges available to an inmate who is
6assigned to the program.
AB604,3,87
(e) Reasonable working hours and health and other conditions governing
8employment in the program.
AB604,3,1711
303.21
(1) (b) Inmates are included under par. (a) if they are participating in
12a structured work program away from the institution grounds under s. 302.15
or
13303.063. Inmates are not included under par. (a) if they are employed in a prison
14industry under s. 303.06 (2), participating in a work release program under s.
15303.065 (2), participating in employment with a private business under s. 303.01 (2)
16(em) or participating in the transitional employment program, but they are eligible
17for worker's compensation benefits as provided under ch. 102.
AB604, s. 4
18Section
4. 303.21 (1) (b) of the statutes, as affected by 1995 Wisconsin Acts 27,
19section 6401, and .... (this act), is repealed and recreated to read:
AB604,4,320
303.21
(1) (b) Inmates are included under par. (a) if they are participating in
21a structured work program away from the institution grounds under s. 302.15 or
22303.063. Inmates are not included under par. (a) if they are employed in a prison
23industry under s. 303.06 (2), participating in a work release program under s.
24303.065 (2), participating in employment with a private business under s. 303.01 (2)
25(em) or participating in the transitional employment program, but they are eligible
1for worker's compensation benefits under ch. 102. Residents subject to s. 303.01 (1)
2(b) are not included under par. (a) but they are eligible for worker's compensation
3benefits under ch. 102.
AB604, s. 5
4Section
5.
Effective dates. This act takes effect on the day after
5publication, except as follows:
AB604,4,7
6(1)
The repeal and recreation of section 303.21 (1) (b) of the statutes takes effect
7on January 1, 1996, or on the day after publication, whichever is later.
