AB100-engrossed,1860,1411
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.
AB100-engrossed,1860,1916
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).
AB100-engrossed,1860,2421
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).
AB100-engrossed,1861,8
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.
AB100-engrossed,1861,1710
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.
AB100-engrossed,1862,320
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.
AB100-engrossed,1862,95
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).
AB100-engrossed,1862,1411
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).
AB100-engrossed,1862,1916
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).
AB100-engrossed,1862,2521
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.
AB100-engrossed,1863,52
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.
AB100-engrossed,1863,117
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:
AB100-engrossed,1863,1412
(a) For community youth and family aids under this section, amounts not to
13exceed
$37,243,500 $41,649,700 for the last 6 months of
1996 and $37,347,600 1997,
14$82,741,700 for 1998 and $41,091,900 for the first 6 months of
1997 1999.
AB100-engrossed,1863,1815
(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.
AB100-engrossed,1864,319
(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.
AB100-engrossed,1864,85
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.
AB100-engrossed,1864,1410
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.
AB100-engrossed,1865,716
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).
AB100-engrossed,1865,189
301.37
(5) The department's standards and regulations under sub. (1) for
10secure detention facilities apply to private secure detention facilities used under s.
11938.222. At least annually, the department shall inspect each such private secure
12detention facility with respect to safety, sanitation, adequacy and fitness, report to
13the county board and the private entity operating the private secure detention
14facility regarding any deficiency found and order the necessary work to correct it.
15If within 6 months thereafter the work is not commenced, or not completed within
16a reasonable period thereafter to the satisfaction of the department, the department
17shall prohibit the use of the private secure detention facility for purposes of s.
18938.222 until the order is complied with.
AB100-engrossed,1865,2120
301.46
(4) (a) 8. An agency providing child welfare services under s.
48.48 (17)
21(b) or 48.57 (2).
AB100-engrossed,1866,17
24302.01 State prisons named and defined. The penitentiary at Waupun is
25named "Waupun Correctional Institution". The correctional treatment center at
1Waupun is named "Dodge Correctional Institution". The penitentiary at Green Bay
2is named "Green Bay Correctional Institution". The medium/maximum penitentiary
3at Portage is named "Columbia Correctional Institution". The medium security
4institution at Oshkosh is named "Oshkosh Correctional Institution". The medium
5security penitentiary near Fox Lake is named "Fox Lake Correctional Institution".
6The penitentiary at Taycheedah is named "Taycheedah Correctional Institution".
7The medium security penitentiary at Plymouth is named "Kettle Moraine
8Correctional Institution". The penitentiary at the village of Sturtevant in Racine
9county is named "Racine Correctional Institution".
The medium security
10penitentiary at Racine is named "Racine Youthful Offender Correctional Facility". 11The resource facility at Oshkosh is named "Wisconsin Resource Center". The
12institutions named in this section, the correctional
institutions institution 13authorized under s. 301.16 (1n)
or (1o), correctional institution authorized under
141997 Wisconsin Act 4, section
4 (1) (a), correctional institution authorized under s.
15301.046 (1), correctional institution authorized under s. 301.048 (4) (b), minimum
16security correctional institutions authorized under s. 301.13, and state-local shared
17correctional facilities when established under s. 301.14, are state prisons.
AB100-engrossed,1866,2519
302.02
(3t) (title)
Other states' institutions Institutions located in other
20states. For all purposes of discipline and for judicial proceedings, each institution
21of that is located in another state
or of a political subdivision of another state and 22authorized for use under s. 301.21 and the precincts
thereof of the institution shall
23be deemed to be in a county in which the institution is physically located, and the
24courts of that county shall have jurisdiction of any activity, wherever located,
25conducted by the institution.
AB100-engrossed,1868,22
303.01
(2) (em)
Lease Subject to sub. (5m), lease space, with or without
3equipment, within the precincts of state prisons, as specified in s. 302.02, or within
4the confines of correctional institutions operated by the department for holding in
5secure custody persons adjudged delinquent, to not more than
3 7 private businesses
6to employ prison inmates and institution residents to manufacture products or
7components or to provide services for sale on the open market. The department shall
8comply with s. 16.75 in selecting businesses under this paragraph.
The department
9may select a business or enter into a lease under this paragraph only with the
10approval of the joint committee on finance. The department may enter into a
11contract under this paragraph only with the approval of the joint committee on
12finance. The department shall consult with appropriate trade organizations and
13labor unions prior to issuing requests for proposals and prior to selecting proposals
14under this paragraph.
If the department enters into a contract that requires the
15department to purchase equipment for use by a private business that leases space
16under this paragraph, the contract shall provide that the private business purchase
17the equipment from the department and pay the department the full cost of the
18equipment, plus interest, before the end of the contract under which the private
19business leases space. Each such private business may conduct its operations as a
20private business, subject to the wage standards under sub. (4), the disposition of
21earnings under sub. (8), the requirements for notification and hearing under sub. (1)
22(c), the requirement for prison industries board approval under s. 303.015 (1) (b) and
23the authority of the department to maintain security and control in its institutions.
24The private business and its operations are not a prison industry. Inmates employed
1by the private business are not subject to the requirements of inmates participating
2in prison industries, except as provided in this paragraph;
AB100-engrossed,1868,54
303.01
(5m) Displacement. (a) In this subsection, "displacement" shall have
5the meaning provided in rules promulgated by the department.
AB100-engrossed,1868,106
(b) Beginning on the effective date of this paragraph .... [revisor inserts date],
7the department may not enter into any contract with a private business under sub.
8(2) (em) if the department determines that the contract will result in the
9displacement of employed workers who are not prison inmates or institution
10residents.
AB100-engrossed,1868,1512
303.01
(8) Disposition of earnings. (a) 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.
AB100-engrossed,1868,2316
(b) The department shall distribute earnings of an inmate or resident, other
17than an inmate or resident employed under sub. (2) (em), for the crime victim and
18witness assistance surcharge under s. 973.045 (4), for the delinquency victim and
19witness assistance surcharge under s. 938.34 (8d) (c), for the deoxyribonucleic acid
20analysis surcharge under s. 973.046 (4) and for compliance with s. 303.06 (2) and may
21distribute earnings for the support of the inmate's or resident's dependents and for
22other obligations either acknowledged by the inmate or resident in writing or which
23have been reduced to judgment that may be satisfied according to law.
AB100-engrossed,1868,2524
(c) The department shall disburse the earnings of inmates and residents
25employed under sub. (2) (em) in the order stated:
AB100-engrossed,1869,1
11. Payment of applicable federal, state and local taxes.
AB100-engrossed,1869,22
2. Payment in compliance with s. 303.06 (3).
AB100-engrossed,1869,33
3. Payment of support ordered by a court under ch. 767.
AB100-engrossed,1869,54
4. The board of the inmate or resident and a reasonable room charge, as
5determined by the department.
AB100-engrossed,1869,76
5. Payment of the crime victim and witness assistance surcharge under s.
7973.045 (4).
AB100-engrossed,1869,98
6. Payment of the delinquency victim and witness assistance surcharge under
9s. 938.34 (8d) (c).
AB100-engrossed,1869,1110
7. Payment of the deoxyribonucleic acid analysis surcharge under s. 973.046
11(4).
AB100-engrossed,1869,1612
(d) The department may disburse the earnings of inmates and residents
13employed under sub. (2) (em) for the support of the inmate's or resident's dependents
14and for the payment of an obligation other than one specified under par. (c) if the
15obligation is acknowledged by the inmate or resident in writing or has been reduced
16to judgment that may be satisfied according to law.
AB100-engrossed,1869,1917
(e) The department shall credit all moneys that it collects from earnings of
18inmates and residents employed under sub. (2) (em) to the appropriation account
19under s. 20.410 (1) (gi).
AB100-engrossed,1870,221
303.06
(3) A private business may sell products, components or services under
22s. 303.01 (2) (em) in the open market. Similar products, components or services from
23a prison industry program from another state may be sold in the open market.
The
24department shall collect not less than 5% nor more than 20% of the gross wages of
1inmates or residents earned pursuant to a contract under s. 303.01 (2) (em) to be
2credited to the appropriation under s. 20.455 (5) (i).
AB100-engrossed,1870,135
303.21
(1) (b) Inmates are included under par. (a) if they are participating in
6a structured work program away from the institution grounds under s. 302.15
or a
7secure work program under s. 303.063. Inmates are not included under par. (a) if
8they are employed in a prison industry under s. 303.06 (2), participating in a work
9release program under s. 303.065 (2), participating in employment with a private
10business under s. 303.01 (2) (em) or participating in the transitional employment
11program, but they are eligible for worker's compensation benefits under ch. 102.
12Residents subject to s. 303.01 (1) (b) are not included under par. (a) but they are
13eligible for worker's compensation benefits under ch. 102.
AB100-engrossed,1870,1615
304.073
(1) (a) "Administrative supervision" has the meaning given in
rules
16promulgated under s. 301.08 (1) (c)
1. a.
AB100-engrossed,1870,1918
304.073
(1) (b) "Minimum supervision" has the meaning given in
rules
19promulgated under s. 301.08 (1) (c)
1. b.
AB100-engrossed,1871,221
304.073
(2) Beginning on January 1, 1996, the department shall charge a fee
22to any probationer or parolee who is under minimum or administrative supervision
23and is supervised by the department. The fee does not apply if the person is
24supervised by a vendor under s. 301.08 (1) (c)
2. The department shall set the fee
25sufficient to cover the cost of supervision. The department shall collect moneys for
1the fee charged under this subsection and credit those moneys to the appropriation
2account under s. 20.410 (1) (ge).
AB100-engrossed,1871,104
304.073
(2m) (a) If a probationer or parolee who owes unpaid fees to the
5department under sub. (2) is discharged from probation or from his or her sentence
6before the department collects the unpaid fees, the department shall, at the time of
7discharge, issue a notice to the probationer or parolee that states that he or she owes
8unpaid fees under sub. (2) and that he or she is responsible for the payment of the
9unpaid fees. The notice under this paragraph shall be issued with the certificate of
10discharge required under s. 304.078 or 973.09 (5).
AB100-engrossed,1871,1711
(b) The department may request the attorney general to bring a civil action to
12recover unpaid fees owed to the department under sub. (2) by a person who has been
13discharged from probation or from his or her sentence and who, at the time of
14discharge, owed the department unpaid fees under sub. (2). Before requesting the
15attorney general to bring a civil action under this paragraph, the department shall
16deduct any fees owed to the department that were inaccurately assessed against the
17person.
AB100-engrossed,1871,2119
304.073
(4) The department may decide not to charge a fee under sub. (2) to
20any probationer or parolee if the probationer or parolee demonstrates that he or she
21is unable to pay the fee because of any of the following:
AB100-engrossed,1871,2322
(a) The probationer or parolee is undergoing treatment approved by the
23department and is unable to work.
AB100-engrossed,1872,3
1(b) The probationer or parolee has a statement from a physician certifying to
2the department that the probationer or parolee should be excused from working for
3medical reasons.
AB100-engrossed,1872,65
304.074
(1) (a) "Administrative supervision" has the meaning given in
rules
6promulgated under s. 301.08 (1) (c)
1. a.
AB100-engrossed,1872,98
304.074
(1) (b) "Minimum supervision" has the meaning given in
rules
9promulgated under s. 301.08 (1) (c)
1. b.
AB100-engrossed,1872,1711
304.074
(4m) (a) If a probationer or parolee who owes unpaid fees to the
12department under sub. (2) is discharged from probation or from his or her sentence
13before the department collects the unpaid fees, the department shall, at the time of
14discharge, issue a notice to the probationer or parolee that states that he or she owes
15unpaid fees under sub. (2) and that he or she is responsible for the payment of the
16unpaid fees. The notice under this paragraph shall be issued with the certificate of
17discharge required under s. 304.078 or 973.09 (5).
AB100-engrossed,1872,2418
(b) The department may request the attorney general to bring a civil action to
19recover unpaid fees owed to the department under sub. (2) by a person who has been
20discharged from probation or from his or her sentence and who, at the time of
21discharge, owed the department unpaid fees under sub. (2). Before requesting the
22attorney general to bring a civil action under this paragraph, the department shall
23deduct any fees owed to the department that were inaccurately assessed against the
24person.
AB100-engrossed,1873,4
1340.01
(23v) "Ignition interlock device" means a device which measures the
2person's alcohol concentration and which is installed on a vehicle in such a manner
3that the vehicle will not start if the sample shows that the person has
a prohibited 4an alcohol concentration
of 0.04 or more.
AB100-engrossed,1873,86
340.01
(56) (a) 4. Children as defined under s. 115.76 (2) with exceptional
7educational needs of a type specified under s. 115.76 (3) (a) to (L) to or from an
8educational program approved by the department of
education public instruction.
AB100-engrossed, s. 3960m
9Section 3960m. 341.01 (2) of the statutes is renumbered 341.01 (2) (intro.) and
10amended to read: