Wisconsin Legislature: 27,3910ce

301.265 (3) From the appropriation appropriations under s. 20.410 (3) (jk) (d) and (kj), the department shall allocate $100,000 $150,000 in each fiscal year to enter into a contract with an organization to provide services in Racine County, and $100,000 $150,000 in each fiscal year to enter into a contract with an organization to provide services in Kenosha County, $150,000 in each fiscal year to enter into a contract with an organization that is located in ward 1 in the city of Racine to provide services in Racine County and $75,000 in each fiscal year to enter into a contract with an organization to provide services in Brown County, for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational and employment programs, and for alcohol or other drug abuse education and treatment services for participants in that organization's youth diversion program. The organization that is located in ward 1 in the city of Racine shall have a recreational facility, shall offer programs to divert youths from gang activities, may not be affiliated with any national or state association and may not have entered into a contract under s. 301.265 (3), 1995 stats. Notwithstanding s. 16.75, the department may enter into a contract under this subsection without soliciting bids or proposals and without accepting the lowest responsible bid or offer.

27,3857 Section 3857 . 301.32 (1) of the statutes is amended to read:

301.32 (1) Property delivered to steward; credit and debit. All money including wages and other property delivered to an officer or employe of any institution for the benefit of a prisoner or resident shall be delivered to the steward, who shall enter the property upon his or her books to the credit of the prisoner or resident. The property may be used only under the direction and with the approval of the superintendent or warden and for the crime victim and witness assistance surcharge under s. 973.045 (4), the delinquency victim and witness assistance surcharge under s. 938.34 (8d) (c), the deoxyribonucleic acid analysis surcharge under s. 973.046 or the benefit of the prisoner or resident. If the money remains uncalled for for one year after the prisoner's or resident's death or departure from the institution, the superintendent shall deposit it in the general fund. If any prisoner or resident leaves property, other than money, uncalled for at an institution for one year, the superintendent shall sell the property and deposit the proceeds in the general fund. If any person satisfies the department, within 5 years after the deposit, of his or her right to the deposit, the department shall direct the department of administration to draw its warrant in favor of the claimant and it shall charge the same to the appropriation made by s. 20.913 (3) (bm).

27,3860r Section 3860r. 301.37 (5) of the statutes is created to read:

301.37 (5) The department's standards and regulations under sub. (1) for secure detention facilities apply to private secure detention facilities used under s. 938.222. At least annually, the department shall inspect each such private secure detention facility with respect to safety, sanitation, adequacy and fitness, report to the county board and the private entity operating the private secure detention facility regarding any deficiency found and order the necessary work to correct it. If within 6 months thereafter the work is not commenced, or not completed within a reasonable period thereafter to the satisfaction of the department, the department shall prohibit the use of the private secure detention facility for purposes of s. 938.222 until the order is complied with.

27,3877 Section 3877 . 301.46 (4) (a) 8. of the statutes is amended to read:

301.46 (4) (a) 8. An agency providing child welfare services under s. 48.48 (17) (b) or 48.57 (2).

27,3879m Section 3879m. 302.01 of the statutes, as affected by 1997 Wisconsin Act 4, is amended to read:

302.01 State prisons named and defined. The penitentiary at Waupun is named "Waupun Correctional Institution". The correctional treatment center at Waupun is named “Dodge Correctional Institution". The penitentiary at Green Bay is named “Green Bay Correctional Institution". The medium/maximum penitentiary at Portage is named “Columbia Correctional Institution". The medium security institution at Oshkosh is named “Oshkosh Correctional Institution". The medium security penitentiary near Fox Lake is named “Fox Lake Correctional Institution". The penitentiary at Taycheedah is named “Taycheedah Correctional Institution". The medium security penitentiary at Plymouth is named “Kettle Moraine Correctional Institution". The penitentiary at the village of Sturtevant in Racine county is named “Racine Correctional Institution". The medium security penitentiary at Racine is named “Racine Youthful Offender Correctional Facility". The resource facility at Oshkosh is named “Wisconsin Resource Center". The institutions named in this section, the correctional institutions institution authorized under s. 301.16 (1n) or (1o), correctional institution authorized under 1997 Wisconsin Act 4, section 4 (1) (a), correctional institution authorized under s. 301.046 (1), correctional institution authorized under s. 301.048 (4) (b), minimum security correctional institutions authorized under s. 301.13, and state-local shared correctional facilities when established under s. 301.14, are state prisons.

27,3880 Section 3880 . 302.02 (3t) of the statutes is amended to read:

302.02 (3t) (title) Other states' institutions Institutions located in other states. For all purposes of discipline and for judicial proceedings, each institution of that is located in another state or of a political subdivision of another state and authorized for use under s. 301.21 and the precincts thereof of the institution shall be deemed to be in a county in which the institution is physically located, and the courts of that county shall have jurisdiction of any activity, wherever located, conducted by the institution.

27,3909b Section 3909b. 303.01 (2) (em) of the statutes is amended to read:

303.01 (2) (em) Lease Subject to sub. (5m), 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 6 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 may enter into a contract 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. If the department enters into a contract that requires the department to purchase equipment for use by a private business that leases space under this paragraph, the contract shall provide that the private business purchase the equipment from the department and pay the department the full cost of the equipment, plus interest, before the end of the contract under which the private business leases space. 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) , the authority of the prison industries board under s. 303.015 (1) (dm) to suspend the manufacture, provision or sale of a product or service 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;

27,3909m Section 3909m. 303.01 (5m) of the statutes is created to read:

303.01 (5m) Displacement. (a) In this subsection, “displacement" shall have the meaning provided in rules promulgated by the department.

(b) Beginning on the effective date of this paragraph .... [revisor inserts date], the department may not enter into any contract with a private business under sub. (2) (em) if the department determines that the contract will result in the displacement of employed workers who are not prison inmates or institution residents.

27,3910bb Section 3910bb. 303.01 (8) of the statutes is repealed and recreated to read:

303.01 (8) Disposition of earnings. (a) 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.

(b) The department shall distribute earnings of an inmate or resident, other than an inmate or resident employed under sub. (2) (em), for the crime victim and witness assistance surcharge under s. 973.045 (4), for the delinquency victim and witness assistance surcharge under s. 938.34 (8d) (c), 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.

(c) The department shall disburse the earnings of inmates and residents employed under sub. (2) (em) in the order stated:

1. Payment of applicable federal, state and local taxes.

2. Payment in compliance with s. 303.06 (3).

3. Payment of support ordered by a court under ch. 767.

4. The board of the inmate or resident and a reasonable room charge, as determined by the department.

5. Payment of the crime victim and witness assistance surcharge under s. 973.045 (4).

6. Payment of the delinquency victim and witness assistance surcharge under s. 938.34 (8d) (c).

7. Payment of the deoxyribonucleic acid analysis surcharge under s. 973.046 (4).

(d) The department may disburse the earnings of inmates and residents employed under sub. (2) (em) for the support of the inmate's or resident's dependents and for the payment of an obligation other than one specified under par. (c) if the obligation is acknowledged by the inmate or resident in writing or has been reduced to judgment that may be satisfied according to law.

(e) The department shall credit all moneys that it collects from earnings of inmates and residents employed under sub. (2) (em) to the appropriation account under s. 20.410 (1) (gi).

27,3910ce Section 3910ce. 303.015 (1) (b) of the statutes is amended to read:

303.015 (1) (b) 1. The board shall develop a plan containing recommendations for the manufacture and marketing of prison industries products, the provision of prison industries services and the provision of research and development activities. Whenever feasible, the plan shall include research activities with a facility involved in the cocomposting of solid waste and sludge from wastewater treatment facilities. The plan may include, but is not limited to, recommended market research, product modifications, manufacturing techniques, pricing policies, advertising and elimination or establishment of specific industries or products.

2. No prison industry may be established, expanded, including any expansion relating to the scope of products produced or the prison industry location, or permanently closed without the approval of the board. Before approving the establishment or expansion of any prison industry, the board shall conduct a hearing. The board shall provide for a class 2 notice, under ch. 985, of the hearing in the newspaper designated as the official newspaper of the county and the city, village or town in which the affected correctional institution is located or, if there is no designated official newspaper, a newspaper published or having general circulation in the political subdivision and eligible under s. 985.02 to be an official newspaper.

27,3910cf Section 3910cf. 303.015 (1) (dm) of the statutes is created to read:

303.015 (1) (dm) The board may suspend the manufacture or sale of any product or component or the provision of any service by prison industries or by a private business leasing space under s. 303.01 (2) (em).

27,3910d Section 3910d. 303.06 (3) of the statutes is amended 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. The department shall collect not less than 5% nor more than 20% of the gross wages of inmates or residents earned pursuant to a contract under s. 303.01 (2) (em) to be credited to the appropriation under s. 20.455 (5) (i).

27,3910g Section 3910g. 303.063 of the statutes is repealed.

27,3913g Section 3913g. 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 or a secure work program under s. 303.063. 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.

27,3936 Section 3936. 304.073 (1) (a) of the statutes is amended to read:

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

27,3937 Section 3937 . 304.073 (1) (b) of the statutes is amended to read:

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

27,3938 Section 3938 . 304.073 (2) of the statutes is amended to read:

304.073 (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).

27,3939 Section 3939 . 304.073 (2m) of the statutes is created to read:

304.073 (2m) (a) If a probationer or parolee who owes unpaid fees to the department under sub. (2) is discharged from probation or from his or her sentence before the department collects the unpaid fees, the department shall, at the time of discharge, issue a notice to the probationer or parolee that states that he or she owes unpaid fees under sub. (2) and that he or she is responsible for the payment of the unpaid fees. The notice under this paragraph shall be issued with the certificate of discharge required under s. 304.078 or 973.09 (5).

(b) The department may request the attorney general to bring a civil action to recover unpaid fees owed to the department under sub. (2) by a person who has been discharged from probation or from his or her sentence and who, at the time of discharge, owed the department unpaid fees under sub. (2). Before requesting the attorney general to bring a civil action under this paragraph, the department shall deduct any fees owed to the department that were inaccurately assessed against the person.

27,3940 Section 3940 . 304.073 (4) of the statutes is created to read:

304.073 (4) The department may decide not to charge a fee under sub. (2) to any probationer or parolee if the probationer or parolee demonstrates that he or she is unable to pay the fee because of any of the following:

(a) The probationer or parolee is undergoing treatment approved by the department and is unable to work.

(b) The probationer or parolee has a statement from a physician certifying to the department that the probationer or parolee should be excused from working for medical reasons.

27,3942 Section 3942 . 304.074 (1) (a) of the statutes is amended to read:

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

27,3943 Section 3943 . 304.074 (1) (b) of the statutes is amended to read:

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

27,3948 Section 3948 . 304.074 (4m) of the statutes is created to read:

304.074 (4m) (a) If a probationer or parolee who owes unpaid fees to the department under sub. (2) is discharged from probation or from his or her sentence before the department collects the unpaid fees, the department shall, at the time of discharge, issue a notice to the probationer or parolee that states that he or she owes unpaid fees under sub. (2) and that he or she is responsible for the payment of the unpaid fees. The notice under this paragraph shall be issued with the certificate of discharge required under s. 304.078 or 973.09 (5).

27,3958 Section 3958 . 340.01 (56) (a) 4. of the statutes is amended to read:

340.01 (56) (a) 4. Children as defined under s. 115.76 (2) with exceptional educational needs of a type specified under s. 115.76 (3) (a) to (L) to or from an educational program approved by the department of education public instruction.

27,3960m Section 3960m. 341.01 (2) of the statutes is renumbered 341.01 (2) (intro.) and amended to read:

341.01 (2) (intro.) In this chapter notwithstanding:

(a) Notwithstanding s. 340.01 (24), “implement of husbandry" means a vehicle or piece of equipment or machinery designed for agricultural purposes, used exclusively in the conduct of agricultural operations and used principally off a highway, or a trailer-mounted bulk liquid fertilizer container.

27,3961m Section 3961m. 341.01 (2) (b) of the statutes is created to read:

341.01 (2) (b) Notwithstanding s. 340.01 (42), “owner" means, with respect to a vehicle that is leased to a lessee for a period of one year or more, the lessee of the vehicle for purposes of vehicle registration under this chapter.

27,3961p Section 3961p. 341.04 (1) (intro.) of the statutes is amended to read:

341.04 (1) (intro.) It is unlawful for any person to operate or for an owner to consent to being operated on any highway of this state any motor vehicle, mobile home, trailer or semitrailer or any other vehicle for which a registration fee is specifically prescribed unless at the time of operation the vehicle in question either is registered in this state, or, except for registration under s. 341.30 or 341.305, a complete application for registration, including evidence of any inspection under s. 110.20 when required, accompanied by the required fee has been delivered to the department, submitted to a dealer or local police department under s. 341.09 (2m) or (2r) for transmittal to the department or deposited in the mail properly addressed with postage prepaid, or and, if the vehicle is an automobile, station wagon or motor truck having a registered weight of 8,000 pounds or less, the vehicle displays a temporary operation plate issued for the vehicle unless the operator or owner of the vehicle produces proof that operation of the vehicle is within 2 business days of the vehicle's sale or transfer, or the vehicle in question is exempt from registration.

27,3962j Section 3962j. 341.04 (1) (a) of the statutes is amended to read:

341.04 (1) (a) A vehicle may be operated by a private person after the date of purchase or commencement of the lease of such vehicle by such private person or after the date such person moved to this state if application for registration, except for registration under s. 341.30 or 341.305, and certificate of title has been made.

27,3962m Section 3962m. 341.04 (1) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

27,3963m Section 3963m. 341.04 (1) (c) of the statutes is created to read:

341.04 (1) (c) Notwithstanding any other provision of this chapter, if a vehicle is owned by a lessor of vehicles and is leased to a lessee for a period of one year or more and the vehicle was registered in the name of the lessor before the effective date of this paragraph .... [revisor inserts date], the department may renew the registration in the name of the lessor in lieu of registration of the vehicle by the lessee. This paragraph does not apply to any subsequent lease of the vehicle by a lessor.

27,3964 Section 3964 . 341.05 (19) of the statutes is amended to read:

341.05 (19) Is a motor vehicle last previously registered in another jurisdiction or a repaired salvage vehicle operated to or from a location where it is to be inspected as required by ss. 342.06 (1) (g) and s. 342.07, or an unregistered vehicle operated to or from a location where it is to be inspected as required by s. 110.20.

27,3964m Section 3964m. 341.05 (24) of the statutes is amended to read:

341.05 (24) Is a golf cart being operated in accordance with s. 349.18 (1) (b) or (c).

27,3966 Section 3966 . 341.057 of the statutes is amended to read:

341.057 All-terrain vehicles. All-terrain vehicles are not required to be registered under this chapter but shall be registered under s. 23.33 (2) or (2g).

27,3968m Section 3968m. 341.08 (2) (am) of the statutes is created to read:

341.08 (2) (am) If the owner under par. (a) is a lessee, the name of the lessor.

27,3969m Section 3969m. 341.08 (2) (bm) of the statutes is created to read:

341.08 (2) (bm) If applicable, the name of the town, city or village in which the lessor resides and, if the lessor resides in a 1st or 2nd class city, the lessor's true residential or business address.

27,3970m Section 3970m. 341.08 (2) (e) of the statutes is amended to read:

341.08 (2) (e) Such further information as the department may reasonably require to enable it to determine whether the vehicle is by law entitled to registration or to enable it to determine the proper applicant or registration fee for the vehicle.

27,3971d Section 3971d. 341.08 (4m) of the statutes is amended to read:

341.08 (4m) At least 30 days prior to the expiration of a vehicle's registration, the department shall mail to the last-known address of the registrant or, if the vehicle is subject to a lease agreement, of the lessee designated by the registrant, a notice of the date upon which the registration must be renewed and an application form for renewal of registration. The application form or an accompanying document shall include a list of any unpaid citations for nonmoving traffic violations or any judgments for violation of ch. 110, 194 or 341 to 350, an administrative rule of the department, or an ordinance enacted in accordance with s. 349.06, including parking violations, entered against the registrant which remain unpaid. The list of unpaid citations for nonmoving traffic violations shall be based on information obtained under s. 345.28 (4). The list of unpaid judgments shall be based on information obtained under s. 345.47 (1) (d). If there is a citation for any nonmoving traffic violation entered against the registrant or designated lessee which is unpaid, he or she shall be notified that the vehicle may not be registered until the citation is paid or the registrant or designated lessee appears in court to respond to the citation. If there is a judgment entered against the registrant or designated lessee which is unpaid, he or she shall be notified that the vehicle may not be registered until the judgment is paid.

27,3971g Section 3971g. 341.09 (1) of the statutes is renumbered 341.09 (1) (a) and amended to read: