SB77-SSA1,1620,1716
1. The police department of the political subdivision in which the transitional
17housing will be located.
SB77-SSA1,1620,1818
2. The sheriff for the county in which the transitional housing will be located.
SB77-SSA1,1620,2019
3. The chief elected official of the political subdivision in which the transitional
20housing will be located.
SB77-SSA1,1620,2421
4. The newspaper designated as the official newspaper of the political
22subdivision in which the transitional housing will be located, or, if there is no
23designated official newspaper, a newspaper published or having general circulation
24in the political subdivision and eligible under s. 985.03 as an official newspaper.
SB77-SSA1,1621,3
1(c) A person notified under par. (b) of a proposed contract for transitional
2housing shall notify the general public of the proposed contract in a manner and to
3the extent that the person determines is appropriate.
SB77-SSA1,1621,136
301.16
(1r) In addition to the institutions under sub. (1), the department shall
7establish a medium security correctional institution for persons 15 years of age or
8over, but not more than 21 years of age, who have been placed in a state prison under
9s. 302.01. The medium security correctional institution under this subsection shall
10be known as the Racine Youthful Offender Correctional Facility and shall be located
11at the intersection of Albert Street and North Memorial Drive in the city of Racine.
12The department shall limit the number of prisoners who may be placed at the Racine
13Youthful Offender Correctional Facility to no more than 400 at any one time.
SB77-SSA1,1621,1615
301.18
(1) (by) Provide the facilities necessary for the Racine Youthful Offender
16Correctional Facility under s. 301.16 (1r).
SB77-SSA1,1621,19
18301.21 (title)
Contracts with for the transfer and confinement of
19Wisconsin prisoners in other states.
SB77-SSA1, s. 3830m
20Section 3830m. 301.21 (1) to (5) of the statutes are renumbered 301.21 (1m)
21(a) to (e), and 301.21 (1m) (b), (d) and (e), as renumbered, are amended to read:
SB77-SSA1,1621,2522
301.21
(1m) (b) Inmates from Wisconsin state prisons while in an institution
23in another state are subject to all provisions of law and regulation concerning the
24confinement of persons committed for violations of the laws of that state, except as
25otherwise provided for by any contract entered into under
sub. (1) this subsection.
SB77-SSA1,1622,2
1(d) Sections 16.75 and 301.08 (2) do not apply to contracts entered into under
2sub. (1) this subsection.
SB77-SSA1,1622,83
(e) The provisions of this
section subsection are severable, as provided in s.
4990.001 (11). The provisions of any contract entered into under
sub. (1) this
5subsection are severable. If any provision of such a contract is invalid, or if the
6application of a provision of the contract to any person or circumstance is invalid, the
7invalidity does not affect other provisions or applications which can be given effect
8without the invalid provision or application.
SB77-SSA1,1622,1310
301.21
(2m) (a) The department may enter into one or more contracts with a
11private person for the transfer and confinement in another state of prisoners who
12have been committed to the custody of the department. Any such contract shall
13provide for all of the following
SB77-SSA1,1622,1414
1. A termination date.
SB77-SSA1,1622,1815
2. Provisions concerning the costs of prisoner maintenance, extraordinary
16medical and dental expenses and any participation in or receipt by prisoners of
17rehabilitative or correctional services, facilities, programs or treatment, including
18those costs not reasonably included as part of normal maintenance.
SB77-SSA1,1622,2219
3. Provisions concerning any participation in programs of prisoner
20employment if any, the disposition or crediting of any payments received by prisoners
21on account of employment, and the crediting of proceeds from or disposal of any
22products resulting from employment.
SB77-SSA1,1622,2323
4. Delivery and retaking of prisoners.
SB77-SSA1,1622,2524
5. Regular reporting procedures concerning Wisconsin prisoners by the private
25person with which the department is contracting.
SB77-SSA1,1623,1
16. Provisions concerning procedures for probation, parole and discharge.
SB77-SSA1,1623,32
7. The same standards of reasonable and humane care as the prisoners would
3receive in an appropriate Wisconsin institution.
SB77-SSA1,1623,64
8. Any other matters as are necessary and appropriate to fix the obligations,
5responsibilities and rights of Wisconsin and the private person with which the
6department is contracting.
SB77-SSA1,1623,107
(b) While in an institution in another state covered by a contract under this
8subsection, Wisconsin prisoners are subject to all provisions of law and regulation
9concerning the confinement of persons in that institution under the laws of that
10state.
SB77-SSA1,1623,1311
(c) Any hearing to consider parole to which a prisoner confined under a contract
12under this subsection may be entitled by the laws of Wisconsin shall be conducted
13by the Wisconsin parole commission under rules of the department.
SB77-SSA1,1623,1814
(e) The provisions of any contract entered into under this subsection are
15severable. If any provision of such a contract is invalid, or if the application of a
16provision of the contract to any person or circumstance is invalid, the invalidity does
17not affect other provisions or applications which can be given effect without the
18invalid provision or application.
SB77-SSA1,1623,2220
301.26
(3) (c) Within the limits of the appropriations under s. 20.410 (3) (cd)
21and
(oo) (ko), the department shall allocate funds to each county for services under
22this section.
SB77-SSA1,1624,1024
301.26
(4) (a) Except as provided in pars. (c) and (cm), the department of
25corrections shall bill counties or deduct from the allocations under s. 20.410 (3) (cd)
1for the costs of care, services and supplies purchased or provided by the department
2of corrections for each person receiving services under s. 48.366, 938.183
(2) or 938.34
3or the department of health and family services for each person receiving services
4under s.
46.057 or 51.35 (3). The department of corrections may not bill a county for
5or deduct from a county's allocation the cost of care, services and supplies provided
6to a person subject to an order under s. 48.366 or 938.183
(2) after the person reaches
718 years of age. Payment shall be due within 60 days after the billing date. If any
8payment has not been received within 60 days, the department of corrections may
9withhold aid payments in the amount due from the appropriation under s. 20.410 (3)
10(cd).
SB77-SSA1,1625,212
301.26
(4) (b) Assessment of costs under par. (a) shall be made periodically on
13the basis of the per person per day cost estimate specified in par. (d)
3m. and 2. to 4.
14Except as provided in pars. (bm), (c) and (cm), liability shall apply to county
15departments under s. 46.21, 46.22 or 46.23 in the county of the court exercising
16jurisdiction under chs. 48 and 938 for each person receiving services from the
17department of corrections under s. 48.366, 938.183
(2) or 938.34 or the department
18of health and family services under s.
46.057 or 51.35 (3). Except as provided in pars.
19(bm), (c) and (cm), in multicounty court jurisdictions, the county of residency within
20the jurisdiction shall be liable for costs under this subsection. Assessment of costs
21under par. (a) shall also be made according to the general placement type or level of
22care provided, as defined by the department, and prorated according to the ratio of
23the amount designated under sub. (3) (c) to the total applicable estimated costs of
24care, services and supplies provided by the department of corrections under ss.
148.366, 938.183
(2) and 938.34 and the department of health and family services
2under s.
46.057 or 51.35 (3).
SB77-SSA1,1625,94
301.26
(4) (c) Notwithstanding pars. (a), (b) and (bm), the department of
5corrections shall pay, from the appropriation
account under s. 20.410 (3) (hm), the
6costs of care, services and supplies provided for each person receiving services under
7s.
46.057, 48.366, 51.35 (3), 938.183
(2) or 938.34 who was under the guardianship
8of the department of health and family services pursuant to an order under ch. 48
9at the time that the person was adjudicated delinquent.
SB77-SSA1,1625,1411
301.26
(4) (cm) 3. The per person daily reimbursement rate for juvenile
12correctional services under this paragraph shall be equal to the per person daily cost
13assessment to counties under par. (d)
3m. and 2. to 4. for juvenile correctional
14services.
SB77-SSA1,1625,1916
301.26
(4) (d) 1. Except as provided in pars. (e) to (g), for services under s.
17938.34, all payments and deductions made under this subsection and uniform fee
18collections made under s. 46.03 (18) shall be
deposited in credited to the
19appropriation
account under s. 20.410 (3) (hm).
SB77-SSA1,1625,2421
301.26
(4) (d) 1m. Except as provided in pars. (e) to (g), for services under ss.
2248.366 and 938.183
(2), all payments and deductions made under this subsection and
23uniform fee collections made under s. 46.03 (18) shall be
deposited in credited to the
24appropriation
account under s. 20.410 (3) (hm).
SB77-SSA1,1626,8
1301.26
(4) (d) 2. Beginning on July 1, 1997, and ending on December 31, 1997,
2the per person daily cost assessment to counties shall be $150.44 for care in a Type 1
3secured correctional facility, as defined in s. 938.02 (19), $150.44 for care for juveniles
4transferred from a juvenile correctional institution under s. 51.35 (3), $160.22 for
5care in a child caring institution, including a secured child caring institution, $111.16
6for care in a group home for children, $24.78 for care in a foster home, $71.35 for care
7in a treatment foster home, $88.19 for departmental corrective sanctions services
8and $16.98 for departmental aftercare services.
SB77-SSA1,1626,1710
301.26
(4) (d) 3. In calendar year 1998, the per person daily cost assessment
11to counties shall be $154.94 for care in a Type 1 secured correctional facility, as
12defined in s. 938.02 (19), $154.94 for care for juveniles transferred from a juvenile
13correctional institution under s. 51.35 (3), $161.79 for care in a child caring
14institution, including a secured child caring institution, $112.25 for care in a group
15home for children, $25.02 for care in a foster home, $72.05 for care in a treatment
16foster home, $80.41 for departmental corrective sanctions services and $17.18 for
17departmental aftercare services.
SB77-SSA1,1627,320
301.26
(4) (d) 4. Beginning on January 1,
1997 1999, and ending on
21June 30,
1997 1999, the per person daily cost assessment to counties shall be
$133.82 22$159.46 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19),
23$133.82 $159.46 for care for
children juveniles transferred from a juvenile
24correctional institution under s. 51.35 (3),
$157.08
$163.36 for care in a child caring
25institution, including a secured child caring institution,
$108.98 $113.34 for care in
1a group home for children,
$24.29 $25.26 for care in a foster home,
$69.95 $72.75 for
2care in a treatment foster home,
$82.11 $74.35 for departmental corrective sanctions
3services and
$14.95 $17.39 for departmental aftercare services.
SB77-SSA1,1627,95
301.26
(4) (e) For foster care, treatment foster care, group home care and
6institutional child care to delinquent
children juveniles under ss. 49.19 (10) (d),
7938.48 (4) and (14) and 938.52 all payments and deductions made under this
8subsection and uniform fee collections under s. 46.03 (18) shall be
deposited in 9credited to the appropriation
account under s. 20.410 (3) (ho).
SB77-SSA1,1627,1411
301.26
(4) (ed) For foster care, treatment foster care, group home care and
12institutional child care to serious juvenile offenders under ss. 49.19 (10) (d), 938.48
13(4) and (14) and 938.52 all uniform fee collections under s. 46.03 (18) shall be
14deposited in credited to the appropriation
account under s. 20.410 (3) (ho).
SB77-SSA1,1627,1916
301.26
(4) (eg) For corrective sanctions services under s. 938.533 (2), all
17payments and deductions made under this subsection and uniform fee collections
18under s. 46.03 (18) shall be
deposited in credited to the appropriation
account under
19s. 20.410 (3) (hr).
SB77-SSA1,1627,2521
301.26
(4) (g) For juvenile field and institutional aftercare services under ch.
22938 and for the
office of juvenile offender review
program, all payments and
23deductions made under this subsection and uniform fee collections under s. 46.03
24(18) shall be deposited in the general fund and shall be treated as a nonappropriated
25receipt.
SB77-SSA1,1628,52
301.26
(6) (a) The intent of this subsection is to develop criteria to assist the
3legislature in allocating funding, excluding funding for base allocations, from the
4appropriations under s. 20.410 (3) (cd) and
(oo)
(ko) for purposes described in this
5section.
SB77-SSA1,1628,117
301.26
(7) Allocations of funds. Within the limits of the availability of federal
8funds and of the appropriations under s. 20.410 (3) (cd) and
(oo) (ko), the department
9shall allocate funds for community youth and family aids for the period beginning
10on July 1,
1996 1997, and ending on June 30,
1997 1999, as provided in this
11subsection to county departments under ss. 46.215, 46.22 and 46.23 as follows:
SB77-SSA1,1628,1412
(a) For community youth and family aids under this section, amounts not to
13exceed
$37,243,500 $39,132,900 for the last 6 months of
1996 and $37,347,600 1997,
14$78,265,900 for 1998 and $39,133,000 for the first 6 months of
1997 1999.
SB77-SSA1,1628,1815
(e) For emergencies related to community youth and family aids under this
16section, amounts not to exceed $125,000 for the last 6 months of
1996 1997, $250,000
17for 1998 and $125,000 for the first 6 months of
1997 1999. A county is eligible for
18payments under this paragraph only if it has a population of not more than 45,000.
SB77-SSA1,1629,319
(h) For counties that are participating in the corrective sanctions program
20under s. 938.533 (2), $1,062,400 in the last 6 months of
1996 1997, $2,124,800 in 1998 21and $1,062,400 in the first 6 months of
1997 1999 for the provision of corrective
22sanctions services for children from that county. In distributing funds to counties
23under this paragraph, the department shall determine a county's distribution by
24dividing the amount allocated under this paragraph by the number of slots
25authorized for the program under s. 938.533 (2) and multiplying the quotient by the
1number of slots allocated to that county by agreement between the department and
2the county. The department may transfer funds among counties as necessary to
3distribute funds based on the number of slots allocated to each county.
SB77-SSA1,1629,85
301.26
(8) Alcohol and other drug abuse treatment. From the amount of the
6allocations specified in sub. (7) (a), the department shall allocate $666,700 in the last
76 months of
1996 1997, $1,333,400 in 1998 and $666,700 in the first 6 months of
1997 81999 for alcohol and other drug abuse treatment programs.
SB77-SSA1,1629,1410
301.265
(2) From the appropriation under s. 20.410 (3)
(p) (kp), the department
11shall allocate may not distribute more than $300,000 in each fiscal year to the
12organization that it has contracted with under sub. (1) for alcohol and other drug
13abuse education and treatment services for participants in that organization's youth
14diversion program.
SB77-SSA1,1630,716
301.32
(1) Property delivered to steward; credit and debit. All money
17including wages and other property delivered to an officer or employe of any
18institution for the benefit of a prisoner or resident shall be delivered to the steward,
19who shall enter the property upon his or her books to the credit of the prisoner or
20resident. The property may be used only under the direction and with the approval
21of the superintendent or warden and for the crime victim and witness assistance
22surcharge under s. 973.045 (4),
the delinquency victim and witness assistance
23surcharge under s. 938.34 (8d) (c), the deoxyribonucleic acid analysis surcharge
24under s. 973.046 or the benefit of the prisoner or resident. If the money remains
25uncalled for for one year after the prisoner's or resident's death or departure from the
1institution, the superintendent shall deposit it in the general fund. If any prisoner
2or resident leaves property, other than money, uncalled for at an institution for one
3year, the superintendent shall sell the property and deposit the proceeds in the
4general fund. If any person satisfies the department, within 5 years after the deposit,
5of his or her right to the deposit, the department shall direct the department of
6administration to draw its warrant in favor of the claimant and it shall charge the
7same to the appropriation made by s. 20.913 (3) (bm).
SB77-SSA1,1630,109
301.46
(4) (a) 8. An agency providing child welfare services under s.
48.48 (17)
10(b) or 48.57 (2).
SB77-SSA1,1631,6
13302.01 State prisons named and defined. The penitentiary at Waupun is
14named "Waupun Correctional Institution". The correctional treatment center at
15Waupun is named "Dodge Correctional Institution". The penitentiary at Green Bay
16is named "Green Bay Correctional Institution". The medium/maximum penitentiary
17at Portage is named "Columbia Correctional Institution". The medium security
18institution at Oshkosh is named "Oshkosh Correctional Institution". The medium
19security penitentiary near Fox Lake is named "Fox Lake Correctional Institution".
20The penitentiary at Taycheedah is named "Taycheedah Correctional Institution".
21The medium security penitentiary at Plymouth is named "Kettle Moraine
22Correctional Institution". The penitentiary at the village of Sturtevant in Racine
23county is named "Racine Correctional Institution".
The medium security
24penitentiary at Racine is named "Racine Youthful Offender Correctional Facility". 25The resource facility at Oshkosh is named "Wisconsin Resource Center". The
1institutions named in this section, the correctional
institutions institution 2authorized under s. 301.16 (1n)
or (1o), correctional institution authorized under
31997 Wisconsin Act 4, section
4 (1) (a), correctional institution authorized under s.
4301.046 (1), correctional institution authorized under s. 301.048 (4) (b), minimum
5security correctional institutions authorized under s. 301.13, and state-local shared
6correctional facilities when established under s. 301.14, are state prisons.
SB77-SSA1,1631,148
302.02
(3t) (title)
Other states' institutions Institutions located in other
9states. For all purposes of discipline and for judicial proceedings, each institution
10of that is located in another state
or of a political subdivision of another state and 11authorized for use under s. 301.21 and the precincts
thereof of the institution shall
12be deemed to be in a county in which the institution is physically located, and the
13courts of that county shall have jurisdiction of any activity, wherever located,
14conducted by the institution.
SB77-SSA1,1632,1016
303.01
(2) (em) Lease space, with or without equipment, within the precincts
17of state prisons, as specified in s. 302.02, or within the confines of correctional
18institutions operated by the department for holding in secure custody persons
19adjudged delinquent, to not more than 3 private businesses to employ prison inmates
20and institution residents to manufacture products or components or to provide
21services for sale on the open market. The department shall comply with s. 16.75 in
22selecting businesses under this paragraph.
The department may select a business
23or enter into a lease under this paragraph only with the approval of the joint
24committee on finance. The department may enter into a contract under this
25paragraph only with the approval of the joint committee on finance. The department
1shall consult with appropriate trade organizations and labor unions prior to issuing
2requests for proposals and prior to selecting proposals under this paragraph. Each
3such private business may conduct its operations as a private business, subject to the
4wage standards under sub. (4), the disposition of earnings under sub. (8), the
5requirements for notification and hearing under sub. (1) (c), the requirement for
6prison industries board approval under s. 303.015 (1) (b) and the authority of the
7department to maintain security and control in its institutions. The private business
8and its operations are not a prison industry. Inmates employed by the private
9business are not subject to the requirements of inmates participating in prison
10industries, except as provided in this paragraph;
SB77-SSA1,1632,2312
303.01
(8) Disposition of earnings. The department has the authority to
13determine how much, if any, of the earnings of an inmate or resident may be spent
14and for what purposes they may be spent within the confines of the prison or
15institution. The department shall distribute earnings for the crime victim and
16witness assistance surcharge under s. 973.045 (4),
for the delinquency victim and
17witness assistance surcharge under s. 938.34 (8d) (c), for the deoxyribonucleic acid
18analysis surcharge under s. 973.046 (4) and for compliance with s. 303.06 (2) and may
19distribute earnings for the support of the inmate's or resident's dependents and for
20other obligations either acknowledged by the inmate or resident in writing or which
21have been reduced to judgment that may be satisfied according to law. The
22department shall credit all moneys that it collects from earnings of inmates and
23residents under sub. (2) (em) to the appropriation account under s. 20.410 (1) (gi).
SB77-SSA1,1633,9
1303.21
(1) (b) Inmates are included under par. (a) if they are participating in
2a structured work program away from the institution grounds under s. 302.15
or a
3secure work program under s. 303.063. Inmates are not included under par. (a) if
4they are employed in a prison industry under s. 303.06 (2), participating in a work
5release program under s. 303.065 (2), participating in employment with a private
6business under s. 303.01 (2) (em) or participating in the transitional employment
7program, but they are eligible for worker's compensation benefits under ch. 102.
8Residents subject to s. 303.01 (1) (b) are not included under par. (a) but they are
9eligible for worker's compensation benefits under ch. 102.
SB77-SSA1,1633,1211
304.073
(1) (a) "Administrative supervision" has the meaning given in
rules
12promulgated under s. 301.08 (1) (c)
1. a.
SB77-SSA1,1633,1514
304.073
(1) (b) "Minimum supervision" has the meaning given in
rules
15promulgated under s. 301.08 (1) (c)
1. b.