AB100: Bill Text Engrossed

AB100-engrossed, s. 3830r Section 3830r. 301.21 (2m) of the statutes is created to read:

AB100-engrossed,1857,13 301.21 (2m) (a) The department may enter into one or more contracts with a private person for the transfer and confinement in another state of prisoners who have been committed to the custody of the department. Any such contract shall provide for all of the following

AB100-engrossed,1857,14 1. A termination date.

AB100-engrossed,1857,18 2. Provisions concerning the costs of prisoner maintenance, extraordinary medical and dental expenses and any participation in or receipt by prisoners of rehabilitative or correctional services, facilities, programs or treatment, including those costs not reasonably included as part of normal maintenance.

AB100-engrossed,1857,22 3. Provisions concerning any participation in programs of prisoner employment if any, the disposition or crediting of any payments received by prisoners on account of employment, and the crediting of proceeds from or disposal of any products resulting from employment.

AB100-engrossed,1857,23 4. Delivery and retaking of prisoners.

AB100-engrossed,1857,25 5. Regular reporting procedures concerning Wisconsin prisoners by the private person with which the department is contracting.

AB100-engrossed,1858,1 6. Provisions concerning procedures for probation, parole and discharge.

AB100-engrossed,1858,3 7. The same standards of reasonable and humane care as the prisoners would receive in an appropriate Wisconsin institution.

AB100-engrossed,1858,6 8. Any other matters as are necessary and appropriate to fix the obligations, responsibilities and rights of Wisconsin and the private person with which the department is contracting.

AB100-engrossed,1858,10 (b) While in an institution in another state covered by a contract under this subsection, Wisconsin prisoners are subject to all provisions of law and regulation concerning the confinement of persons in that institution under the laws of that state.

AB100-engrossed,1858,13 (c) Any hearing to consider parole to which a prisoner confined under a contract under this subsection may be entitled by the laws of Wisconsin shall be conducted by the Wisconsin parole commission under rules of the department.

AB100-engrossed,1858,18 (e) The provisions of any contract entered into under this subsection are severable. If any provision of such a contract is invalid, or if the application of a provision of the contract to any person or circumstance is invalid, the invalidity does not affect other provisions or applications which can be given effect without the invalid provision or application.

AB100-engrossed, s. 3834 Section 3834. 301.26 (3) (c) of the statutes is amended to read:

AB100-engrossed,1858,22 301.26 (3) (c) Within the limits of the appropriations under s. 20.410 (3) (cd) and (oo) (ko), the department shall allocate funds to each county for services under this section.

AB100-engrossed, s. 3835 Section 3835. 301.26 (4) (a) of the statutes is amended to read:

AB100-engrossed,1859,10 301.26 (4) (a) Except as provided in pars. (c) and (cm), the department of corrections shall bill counties or deduct from the allocations under s. 20.410 (3) (cd) for the costs of care, services and supplies purchased or provided by the department of corrections for each person receiving services under s. 48.366, 938.183 (2) or 938.34 or the department of health and family services for each person receiving services under s. 46.057 or 51.35 (3). The department of corrections may not bill a county for or deduct from a county's allocation the cost of care, services and supplies provided to a person subject to an order under s. 48.366 or 938.183 (2) after the person reaches 18 years of age. Payment shall be due within 60 days after the billing date. If any payment has not been received within 60 days, the department of corrections may withhold aid payments in the amount due from the appropriation under s. 20.410 (3) (cd).

AB100-engrossed, s. 3836 Section 3836. 301.26 (4) (b) of the statutes is amended to read:

AB100-engrossed,1860,2 301.26 (4) (b) Assessment of costs under par. (a) shall be made periodically on the basis of the per person per day cost estimate specified in par. (d) 3m. and 2. to 4. Except as provided in pars. (bm), (c) and (cm), liability shall apply to county departments under s. 46.21, 46.22 or 46.23 in the county of the court exercising jurisdiction under chs. 48 and 938 for each person receiving services from the department of corrections under s. 48.366, 938.183 (2) or 938.34 or the department of health and family services under s. 46.057 or 51.35 (3). Except as provided in pars. (bm), (c) and (cm), in multicounty court jurisdictions, the county of residency within the jurisdiction shall be liable for costs under this subsection. Assessment of costs under par. (a) shall also be made according to the general placement type or level of care provided, as defined by the department, and prorated according to the ratio of the amount designated under sub. (3) (c) to the total applicable estimated costs of care, services and supplies provided by the department of corrections under ss. 48.366, 938.183 (2) and 938.34 and the department of health and family services under s. 46.057 or 51.35 (3).

AB100-engrossed, s. 3837 Section 3837. 301.26 (4) (c) of the statutes is amended to read:

AB100-engrossed,1860,9 301.26 (4) (c) Notwithstanding pars. (a), (b) and (bm), the department of corrections shall pay, from the appropriation account under s. 20.410 (3) (hm), the costs of care, services and supplies provided for each person receiving services under s. 46.057, 48.366, 51.35 (3), 938.183 (2) or 938.34 who was under the guardianship of the department of health and family services pursuant to an order under ch. 48 at the time that the person was adjudicated delinquent.

AB100-engrossed, s. 3838 Section 3838. 301.26 (4) (cm) 3. of the statutes is amended to read:

AB100-engrossed,1860,14 301.26 (4) (cm) 3. The per person daily reimbursement rate for juvenile correctional services under this paragraph shall be equal to the per person daily cost assessment to counties under par. (d) 3m. and 2. to 4. for juvenile correctional services.

AB100-engrossed, s. 3839 Section 3839. 301.26 (4) (d) 1. of the statutes is amended to read:

AB100-engrossed,1860,19 301.26 (4) (d) 1. Except as provided in pars. (e) to (g), for services under s. 938.34, all payments and deductions made under this subsection and uniform fee collections made under s. 46.03 (18) shall be deposited in credited to the appropriation account under s. 20.410 (3) (hm).

AB100-engrossed, s. 3840 Section 3840. 301.26 (4) (d) 1m. of the statutes is amended to read:

AB100-engrossed,1860,24 301.26 (4) (d) 1m. Except as provided in pars. (e) to (g), for services under ss. 48.366 and 938.183 (2), all payments and deductions made under this subsection and uniform fee collections made under s. 46.03 (18) shall be deposited in credited to the appropriation account under s. 20.410 (3) (hm).

AB100-engrossed, s. 3841m Section 3841m. 301.26 (4) (d) 2. of the statutes is created to read:

AB100-engrossed,1861,8 301.26 (4) (d) 2. Beginning on July 1, 1997, and ending on December 31, 1997, the per person daily cost assessment to counties shall be $150.44 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $150.44 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $160.22 for care in a child caring institution, including a secured child caring institution, $111.16 for care in a group home for children, $24.78 for care in a foster home, $71.35 for care in a treatment foster home, $88.19 for departmental corrective sanctions services and $16.98 for departmental aftercare services.

AB100-engrossed, s. 3842m Section 3842m. 301.26 (4) (d) 3. of the statutes is created to read:

AB100-engrossed,1861,17 301.26 (4) (d) 3. In calendar year 1998, the per person daily cost assessment to counties shall be $154.94 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $154.94 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $161.79 for care in a child caring institution, including a secured child caring institution, $112.25 for care in a group home for children, $25.02 for care in a foster home, $72.05 for care in a treatment foster home, $80.41 for departmental corrective sanctions services and $17.18 for departmental aftercare services.

AB100-engrossed, s. 3843 Section 3843. 301.26 (4) (d) 3m. of the statutes is repealed.

AB100-engrossed, s. 3844m Section 3844m. 301.26 (4) (d) 4. of the statutes is amended to read:

AB100-engrossed,1862,3 301.26 (4) (d) 4. Beginning on January 1, 1997 1999, and ending on June 30, 1997 1999, the per person daily cost assessment to counties shall be $133.82 $159.46 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $133.82 $159.46 for care for children juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $157.08 $163.36 for care in a child caring institution, including a secured child caring institution, $108.98 $113.34 for care in a group home for children, $24.29 $25.26 for care in a foster home, $69.95 $72.75 for care in a treatment foster home, $82.11 $74.35 for departmental corrective sanctions services and $14.95 $17.39 for departmental aftercare services.

AB100-engrossed, s. 3846 Section 3846. 301.26 (4) (e) of the statutes is amended to read:

AB100-engrossed,1862,9 301.26 (4) (e) For foster care, treatment foster care, group home care and institutional child care to delinquent children juveniles under ss. 49.19 (10) (d), 938.48 (4) and (14) and 938.52 all payments and deductions made under this subsection and uniform fee collections under s. 46.03 (18) shall be deposited in credited to the appropriation account under s. 20.410 (3) (ho).

AB100-engrossed, s. 3847 Section 3847. 301.26 (4) (ed) of the statutes is amended to read:

AB100-engrossed,1862,14 301.26 (4) (ed) For foster care, treatment foster care, group home care and institutional child care to serious juvenile offenders under ss. 49.19 (10) (d), 938.48 (4) and (14) and 938.52 all uniform fee collections under s. 46.03 (18) shall be deposited in credited to the appropriation account under s. 20.410 (3) (ho).

AB100-engrossed, s. 3848 Section 3848. 301.26 (4) (eg) of the statutes is amended to read:

AB100-engrossed,1862,19 301.26 (4) (eg) For corrective sanctions services under s. 938.533 (2), all payments and deductions made under this subsection and uniform fee collections under s. 46.03 (18) shall be deposited in credited to the appropriation account under s. 20.410 (3) (hr).

AB100-engrossed, s. 3849 Section 3849. 301.26 (4) (g) of the statutes is amended to read:

AB100-engrossed,1862,25 301.26 (4) (g) For juvenile field and institutional aftercare services under ch. 938 and for the office of juvenile offender review program, all payments and deductions made under this subsection and uniform fee collections under s. 46.03 (18) shall be deposited in the general fund and shall be treated as a nonappropriated receipt.

AB100-engrossed, s. 3850 Section 3850. 301.26 (6) (a) of the statutes is amended to read:

AB100-engrossed,1863,5 301.26 (6) (a) The intent of this subsection is to develop criteria to assist the legislature in allocating funding, excluding funding for base allocations, from the appropriations under s. 20.410 (3) (cd) and (oo) (ko) for purposes described in this section.

AB100-engrossed, s. 3851m Section 3851m. 301.26 (7) of the statutes is amended to read:

AB100-engrossed,1863,11 301.26 (7) Allocations of funds. Within the limits of the availability of federal funds and of the appropriations under s. 20.410 (3) (cd) and (oo) (ko), the department shall allocate funds for community youth and family aids for the period beginning on July 1, 1996 1997, and ending on June 30, 1997 1999, as provided in this subsection to county departments under ss. 46.215, 46.22 and 46.23 as follows:

AB100-engrossed,1863,14 (a) For community youth and family aids under this section, amounts not to exceed $37,243,500 $41,649,700 for the last 6 months of 1996 and $37,347,600 1997, $82,741,700 for 1998 and $41,091,900 for the first 6 months of 1997 1999.

AB100-engrossed,1863,18 (e) For emergencies related to community youth and family aids under this section, amounts not to exceed $125,000 for the last 6 months of 1996 1997, $250,000 for 1998 and $125,000 for the first 6 months of 1997 1999. A county is eligible for payments under this paragraph only if it has a population of not more than 45,000.

AB100-engrossed,1864,3 (h) For counties that are participating in the corrective sanctions program under s. 938.533 (2), $1,062,400 in the last 6 months of 1996 1997, $2,124,800 in 1998 and $1,062,400 in the first 6 months of 1997 1999 for the provision of corrective sanctions services for children from that county. In distributing funds to counties under this paragraph, the department shall determine a county's distribution by dividing the amount allocated under this paragraph by the number of slots authorized for the program under s. 938.533 (2) and multiplying the quotient by the number of slots allocated to that county by agreement between the department and the county. The department may transfer funds among counties as necessary to distribute funds based on the number of slots allocated to each county.

AB100-engrossed, s. 3851p Section 3851p. 301.26 (8) of the statutes is amended to read:

AB100-engrossed,1864,8 301.26 (8) Alcohol and other drug abuse treatment. From the amount of the allocations specified in sub. (7) (a), the department shall allocate $666,700 in the last 6 months of 1996 1997, $1,333,400 in 1998 and $666,700 in the first 6 months of 1997 1999 for alcohol and other drug abuse treatment programs.

AB100-engrossed, s. 3856 Section 3856. 301.265 (2) of the statutes is amended to read:

AB100-engrossed,1864,14 301.265 (2) From the appropriation under s. 20.410 (3) (p) (kp), the department shall allocate may not distribute more than $300,000 in each fiscal year to the organization that it has contracted with under sub. (1) for alcohol and other drug abuse education and treatment services for participants in that organization's youth diversion program.

AB100-engrossed, s. 3857 Section 3857. 301.32 (1) of the statutes is amended to read:

AB100-engrossed,1865,7 301.32 (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).

AB100-engrossed, s. 3860r Section 3860r. 301.37 (5) of the statutes is created to read:

AB100-engrossed,1865,18 301.37 (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.

AB100-engrossed, s. 3877 Section 3877. 301.46 (4) (a) 8. of the statutes is amended to read:

AB100-engrossed,1865,21 301.46 (4) (a) 8. An agency providing child welfare services under s. 48.48 (17) (b) or 48.57 (2).

AB100-engrossed, s. 3879m Section 3879m. 302.01 of the statutes, as affected by 1997 Wisconsin Act 4, is amended to read:

AB100-engrossed,1866,17 302.01 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.

AB100-engrossed, s. 3880 Section 3880. 302.02 (3t) of the statutes is amended to read:

AB100-engrossed,1866,25 302.02 (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.

AB100-engrossed, s. 3909b Section 3909b. 303.01 (2) (em) of the statutes is amended to read:

AB100-engrossed,1868,2 303.01 (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 7 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) 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;

AB100-engrossed, s. 3909m Section 3909m. 303.01 (5m) of the statutes is created to read:

AB100-engrossed,1868,5 303.01 (5m) Displacement. (a) In this subsection, "displacement" shall have the meaning provided in rules promulgated by the department.

AB100-engrossed,1868,10 (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.

AB100-engrossed, s. 3910bb Section 3910bb. 303.01 (8) of the statutes is repealed and recreated to read:

AB100-engrossed,1868,15 303.01 (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.

AB100-engrossed,1868,23 (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.

AB100-engrossed,1868,25 (c) The department shall disburse the earnings of inmates and residents employed under sub. (2) (em) in the order stated:

AB100-engrossed,1869,1 1. Payment of applicable federal, state and local taxes.

AB100-engrossed,1869,2 2. Payment in compliance with s. 303.06 (3).

AB100-engrossed,1869,3 3. Payment of support ordered by a court under ch. 767.

AB100-engrossed,1869,5 4. The board of the inmate or resident and a reasonable room charge, as determined by the department.

AB100-engrossed,1869,7 5. Payment of the crime victim and witness assistance surcharge under s. 973.045 (4).

AB100-engrossed,1869,9 6. Payment of the delinquency victim and witness assistance surcharge under s. 938.34 (8d) (c).

AB100-engrossed,1869,11 7. Payment of the deoxyribonucleic acid analysis surcharge under s. 973.046 (4).

AB100-engrossed,1869,16 (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.

AB100-engrossed,1869,19 (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).

AB100-engrossed, s. 3910d Section 3910d. 303.06 (3) of the statutes is amended to read:

AB100-engrossed,1870,2 303.06 (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).

AB100-engrossed, s. 3910g Section 3910g. 303.063 of the statutes is repealed.

AB100-engrossed, s. 3913g Section 3913g. 303.21 (1) (b) of the statutes is amended to read:

AB100-engrossed,1870,13 303.21 (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.

AB100-engrossed, s. 3936 Section 3936. 304.073 (1) (a) of the statutes is amended to read:

AB100-engrossed,1870,16 304.073 (1) (a) "Administrative supervision" has the meaning given in rules promulgated under s. 301.08 (1) (c) 1. a.

AB100-engrossed, s. 3937 Section 3937. 304.073 (1) (b) of the statutes is amended to read: