SB388,20,724
(d) If any money remains after the payments under pars. (a) to (c), the court
25shall request that the department of corrections make a reasonable effort to notify
1any victims of the crime for which the prisoner was convicted and imprisoned,
2incarcerated or confined of the pending payment of a monetary award to the prisoner.
3The department of corrections shall inform the court of whether any victims were
4notified. The court shall withhold any payment to the prisoner under par. (e) for a
5reasonable time after the department of corrections notifies the court that a victim
6was notified so that the victim may have time to petition the court regarding
7payments to that victim from the remaining money.
SB388,20,98
(e) The court shall order that any money remaining after all payments are
9made under pars. (a) to (d) be paid to the prisoner.
SB388, s. 27
10Section
27. 807.04 of the statutes is renumbered 807.04 (1) and amended to
11read:
SB388,20,1512
807.04
(1) All Except as provided under sub. (2), all trials, and all hearings at
13which oral testimony is to be presented, shall be held in open court. The court may
14make any order which a judge or court commissioner has power to make. Court
15commissioners shall have the powers provided in ch. 753 or by other statute.
SB388, s. 28
16Section
28. 807.04 (2) of the statutes is created to read:
SB388,21,217
807.04
(2) All hearings in which oral testimony is to be presented in an action
18or special proceeding that is commenced by a prisoner, as defined in s. 801.02 (7) (a)
192., shall be conducted by telephone, interactive video and audio transmission or other
20live interactive communication without removing him or her from the facility or
21institution if his or her participation is required or permitted and if the official
22having custody of him or her agrees. The court in which the action or special
23proceeding is commenced shall, when feasible, also allow counsel, witnesses and
24other necessary persons to participate in the hearing by telephone, interactive video
1and audio transmission or other live interactive communication. The procedures and
2policies under s. 807.13 shall apply to the extent feasible.
SB388, s. 29
3Section
29. 807.15 of the statutes is created to read:
SB388,21,5
4807.15 Penalty for certain actions by prisoners. (1) In this section,
5"prisoner" has the meaning given in s. 801.02 (7) (a) 2.
SB388,21,11
6(2) In any action or special proceeding, including a petition for a common law
7writ of certiorari, brought by a prisoner, the court may, on its own motion or on the
8motion of any party, order the department of corrections to extend the prisoner's
9mandatory release date calculated under s. 302.11 (1) or order the sheriff to deprive
10the prisoner of good time under s. 302.43 if the court finds that any of the following
11applies:
SB388,21,1212
(a) The action or special proceeding was filed for a malicious purpose.
SB388,21,1413
(b) The action or special proceeding was filed solely to harass the party against
14which it was filed.
SB388,21,1615
(c) The prisoner testifies falsely or otherwise knowingly offers false evidence
16or provides false information to the court.
SB388,21,20
17(3) (a) Subject to par. (b), if a court orders the department of corrections to
18extend a prisoner's mandatory release date or orders the sheriff to deprive the
19prisoner of good time under sub. (2), the order shall specify the number of days by
20which the mandatory release date is to be extended or the good time deprived.
SB388,21,2321
(b) An order under sub. (2) to extend a prisoner's mandatory release date or
22deprive a prisoner of good time may not require the prisoner to serve more days than
23provided for under the prisoner's sentence.
SB388,21,25
24(4) This section applies to prisoners who committed an offense on or after the
25effective date of this subsection .... [revisor inserts date].
SB388, s. 30
1Section
30. 808.04 (5) of the statutes is repealed.
SB388, s. 31
2Section
31. 809.103 of the statutes is created to read:
SB388,22,4
3809.103 Appeals in proceedings related to prisoners. (1) In this section,
4"prisoner" has the meaning given in s. 801.02 (7) (a) 2.
SB388,22,6
5(2) (a) An appellate court shall review the trial court record as soon as
6practicable after the record is filed with the court if the appeal is taken by a prisoner.
SB388,22,97
(b) The appellate court may dismiss the appeal without requiring the
8respondent to respond to the appeal if the appellate court determines that the appeal
9meets any of the following conditions:
SB388,22,1010
1. Is frivolous, as determined under s. 814.025 (3).
SB388,22,1211
2. Is used for any improper purpose, such as to harass, to cause unnecessary
12delay or to needlessly increase the cost of litigation.
SB388,22,1413
3. Seeks review of a denial of monetary damages from a defendant who is
14immune from such relief.
SB388,22,1515
4. There is no ground upon which relief may be granted.
SB388,22,1816
(c) If a court dismisses an appeal under par. (b), the appellate court shall notify
17the department of justice of the dismissal by a procedure developed by the director
18of state courts in cooperation with the department of justice.
SB388,22,2019
(d) The dismissal of an appeal under par. (b) does not relieve the prisoner from
20paying the full filing fee related to the appeal.
SB388, s. 32
21Section
32. 813.02 (1) (c) of the statutes is created to read:
SB388,22,2522
813.02
(1) (c) If the court determines that a temporary injunction may be
23granted under par. (a) to a prisoner, as defined in s. 801.02 (7) (a) 2., in any action
24or special proceeding with respect to prison or jail conditions, as defined in s. 801.02
25(7) (a) 3., the following apply:
SB388,23,6
11. The court may not issue the injunction until giving notice and an opportunity
2to be heard on the request for a preliminary injunction to the attorney general, if the
3case involves a prisoner in a state correctional institution, as defined in s. 801.02 (7)
4(a) 1., or to the attorney representing the local correctional institution involved and
5to all other interested parties. Any injunction issued without giving notice and an
6opportunity to be heard is void.
SB388,23,117
2. Any temporary injunction issued shall meet the requirements in s. 813.40
8(1) (b). When determining what to require in the temporary injunction, the court
9shall give substantial weight to any adverse impact on public safety or on the
10operation of the facility involved in the action or special proceeding caused by the
11temporary injunction.
SB388,23,1512
3. Any temporary injunction issued under this paragraph shall expire no later
13than 90 days after the day the temporary injunction is issued unless the court makes
14a finding that the requirements under s. 813.40 (1) (b) are met and makes the order
15final before the expiration of the 90-day period.
SB388, s. 33
16Section
33. 813.40 of the statutes is created to read:
SB388,23,17
17813.40 Injunctive relief in prison condition cases. (1) (a) In this section:
SB388,23,1818
1. "Prisoner" has the meaning given in s. 801.02 (7) (a) 2.
SB388,23,1919
2. "Prison or jail conditions" has the meaning given in s. 801.02 (7) (a) 3.
SB388,23,2220
(b) If a court determines that an injunction may be granted to a prisoner in any
21action or special proceeding with respect to prison or jail conditions, any injunction
22issued shall meet all of the following criteria:
SB388,23,2323
1. Require only what is necessary to correct the harm.
SB388,23,2424
2. Is the least intrusive means necessary to correct that harm.
SB388,24,3
13. Does not require or permit a government official, employe or agent to exceed
2his or her authority or to violate a state law or local ordinance unless all of the
3following apply:
SB388,24,44
a. Federal law permits that relief.
SB388,24,55
b. The relief is necessary to correct the violation of a federal right.
SB388,24,66
c. No other relief will correct the violation of a federal right.
SB388,24,117
(c) If an injunction is issued that does not meet the requirements in par. (b), a
8defendant or intervenor is entitled to immediate termination of any prospective
9relief or to a revision of the injunction to meet those requirements. Prospective relief
10need not be terminated if the court makes written findings based on the record that
11the requirements under par. (b) are met.
SB388,24,1812
(d) A court may not enter into or approve a consent decree in an action for
13injunctive relief under this section if that consent decree does not meet the
14requirements in par. (b). This paragraph does not prevent the parties from entering
15into a private settlement agreement that does not comply with the requirements in
16par. (b) if the terms of that settlement agreement are not subject to court enforcement
17other than the dismissal of the action or special proceeding based on the settlement
18agreement.
SB388,24,21
19(2) When determining the extent of any injunction issued under this section,
20the court shall give substantial weight to any adverse impact on public safety or on
21the operation of the criminal justice system caused by the injunction.
SB388,25,7
22(3) Any interested party may, 2 years after the date the court issued an
23injunction under this section, or one year after the court has denied a request under
24this subsection for modification or termination of the injunction, request that the
25court modify or terminate an injunction issued under this section. Any interested
1party may, 2 years after the effective date of this subsection .... [revisor inserts date],
2request that the court modify or terminate an injunction related to prison or jail
3conditions that was issued before the effective date of this subsection .... [revisor
4inserts date]. Any prospective relief issued under this section shall be stayed by the
5filing of a motion for modification or termination of the injunction for the period
6beginning on the 30th day after the motion is filed with the court and ending on the
7day the court enters a final order on the motion.
SB388,25,9
8(4) This section does not prevent the parties from agreeing to terminate or
9modify an injunction issued under this section.
SB388,25,12
10(5) This section does not authorize a court to order the construction of prisons,
11jails or other places of incarceration or to order the raising of taxes and does not
12expand the powers of a court under this chapter.
SB388,25,18
13(6) This section does not authorize the court to issue a prisoner release order.
14Prisoner release orders may only be issued by habeas corpus or as otherwise required
15by the state or federal constitution. In this subsection, "prisoner release order"
16means any order that has the purpose or effect of reducing or limiting the prison or
17jail population, or that directs the release or nonadmission of prisoners to a prison
18or jail.
SB388,25,23
19(7) This section may not be used as a substitute for a petition for a common law
20writ of certiorari to challenge the disposition of a complaint concerning prison or jail
21conditions, to challenge the validity of a probation revocation, parole denial or
22revocation, a mandatory release date or to challenge any issue regarding the fact or
23duration of confinement.
SB388, s. 34
24Section
34. 814.24 of the statutes is amended to read:
SB388,26,5
1814.24 Action against city, village or town official, cost. Costs, if any, in
2an action against a city, village or town officer in his or her official capacity, except
3an action directly involving the title to the office
, and except as provided in s. 814.25,
4shall not be awarded against that officer, but may be awarded against the city, village
5or town.
SB388, s. 35
6Section
35. 814.245 (3) of the statutes is amended to read:
SB388,26,127
814.245
(3) If Except as provided in s. 814.25, if an individual, a small nonprofit
8corporation or a small business is the prevailing party in any action by a state agency
9or in any proceeding for judicial review under s. 227.485 (6) and submits a motion
10for costs under this section, the court shall award costs to the prevailing party, unless
11the court finds that the state agency was substantially justified in taking its position
12or that special circumstances exist that would make the award unjust.
SB388, s. 36
13Section
36. 814.25 of the statutes is created to read:
SB388,26,14
14814.25 Costs in actions by prisoners. (1) In this section:
SB388,26,1515
(a) "Prisoner" has the meaning given in s. 801.02 (7) (a) 2.
SB388,26,1616
(b) "Prison or jail conditions" has the meaning given in s. 801.02 (7) (a) 3.
SB388,26,19
17(2) If a prisoner brings an action or special proceeding related to prison or jail
18conditions, no costs may be allowed against the state, a state agency or a county, city,
19village or town, or against any individual defendant when sued in an official capacity.
SB388,26,25
20(3) If the prevailing party is the state, a state agency or a county, city, village
21or town or an individual in any action or special proceeding commenced by a prisoner
22related to prison or jail conditions, the prisoner shall pay the full costs allowed under
23this chapter. The prisoner shall be required to pay the costs out of any trust fund
24accounts that he or she holds in the same manner as payment is required for court
25fees under s. 814.29 (1m) (e).
SB388, s. 37
1Section
37. 814.29 (1) (a) of the statutes is amended to read:
SB388,27,72
814.29
(1) (a)
Any Except as provided in sub. (1m), any person may commence,
3prosecute or defend any action or
special proceeding in any court, or any writ of error
4or appeal therein, without being required to give security for costs or to pay any
5service or fee, upon order of the court based on a finding that because of poverty the
6person is unable to pay the costs of the action or
special proceeding, or any writ of
7error or appeal therein, or to give security for those costs.
SB388, s. 38
8Section
38. 814.29 (1m) of the statutes is created to read:
SB388,27,99
814.29
(1m) (a)
In this subsection:
SB388,27,1010
1. "Prisoner" has the meaning given in s. 801.02 (7) (a) 2.
SB388,27,1111
2. "Prison or jail conditions" has the meaning given in s. 801.02 (7) (a) 3.
SB388,27,1512
(b) If a prisoner makes a request for leave to commence or defend an action,
13special proceeding, writ of error or appeal without being required to prepay the fees
14or costs or without being required to give security for costs, the prisoner shall submit
15all of the following:
SB388,27,1616
1. The affidavit required under sub. (1) (b).
SB388,27,2117
2. An affidavit stating that the prisoner has paid all of the fees or costs
18previously assessed by a court for bringing an action or special proceeding, in state
19or federal court, that was dismissed on the grounds that the action or special
20proceeding was frivolous, malicious or failed to state a claim upon which relief may
21be granted.
SB388,28,422
3. A certified copy of the trust fund account statement for the prisoner for the
236-month period immediately preceding the filing of the request for leave to
24commence or defend an action, special proceeding, writ of error or appeal, or for the
25period that the prisoner was incarcerated, imprisoned or detained, if that period is
1less than 6 months. The trust fund account statement must be obtained from the
2appropriate official at each facility in which the prisoner is or was incarcerated,
3imprisoned, confined or detained. "Trust fund account statement" includes accounts
4assessable to the prisoner before or upon release.
SB388,28,85
(c) The court shall issue an order permitting the prisoner to commence or
6defend an action, special proceeding, writ of error or appeal without the prepayment
7of fees or costs or without being required to give security for costs if all of the following
8conditions are met:
SB388,28,119
1. The court determines that the prisoner does not have assets or other means
10by which to pay the fees or costs or to give security for the costs after reviewing the
11information provided under par. (b).
SB388,28,1512
2. The prisoner has paid all of the fees or costs previously assessed by a state
13or federal court for bringing an action or special proceeding that was dismissed on
14the grounds that the action or special proceeding was frivolous, malicious or failed
15to state a claim upon which relief may be granted.
SB388,28,1716
3. The court orders that the fees or costs not paid are a debt owed the court by
17the prisoner.
SB388,28,2118
4. The prisoner authorizes in writing the agency having custody of the
19prisoner's prison trust fund account to forward payments from the prisoner's account
20to the clerk of court each time the amount in the account exceeds $10 until the fees
21or costs are paid in full.
SB388,29,222
(d) If the court determines that the prisoner who made the affidavit does have
23assets in an account, whether accessible to the prisoner only upon release or before
24release, to pay part of the filing fees or costs, the court shall order the prisoner to pay
25an initial filing fee before being allowed to commence or defend an action, special
1proceeding, writ of error or appeal. The initial filing fee shall equal 20% of the greater
2of the following:
SB388,29,33
1. The average monthly deposits to the prisoner's trust fund account.
SB388,29,84
2. The average monthly balance in the prisoner's trust fund account for the
56-month period immediately preceding the filing of the request for leave to
6commence or defend an action, special proceeding, writ of error or appeal, or for the
7period that the prisoner was incarcerated, imprisoned or detained, if that period is
8less than 6 months.
SB388,29,139
(e) After payment of the initial filing fee, the prisoner shall be required to make
10monthly payments of 20% of the preceding month's income that is credited to the
11prisoner's prison trust fund account. The agency having custody of the prisoner shall
12forward payments from the prisoner's account to the clerk of court each time the
13amount in the account exceeds $10 until the filing fees and costs are paid in full.
SB388,29,1714
(f) If the court believes that a prisoner is in imminent danger of serious physical
15harm, the court shall issue an order permitting the prisoner to commence or defend
16an action, special proceeding, writ of error or appeal without being required to submit
17the statement under par. (b) or prepaying the initial filing fee under par. (d).
SB388,29,2118
(g) Except as provided under par. (f), if a prisoner files an action, special
19proceeding, writ of error or appeal under this subsection without complying with the
20requirements under pars. (b) and (d), the court shall dismiss the action, special
21proceeding, writ of error or appeal without prejudice.
SB388,29,2522
(h) The custodian of the trust fund account of a prisoner shall provide the
23prisoner with the certified copy of the trust fund account statement required under
24par. (b) if the custodian determines that the prisoner requires that copy for submittal
25to a court under this subsection.
SB388, s. 39
1Section
39. 814.29 (3) (b) of the statutes is amended to read:
SB388,30,112
814.29
(3) (b) If the affiant is a prisoner, as defined in s.
46.011 (2) 801.02 (7)
3(a) 2., or a person confined in a federal correctional institution located in this state,
4a request for leave to commence or defend an action,
special proceeding, writ of error
5or appeal without being required to pay fees or costs or to give security for costs
6constitutes consent as provided in par. (a), and, if the judgment is in favor of the
7opposing party, constitutes consent for the court to order the institution to deduct the
8unpaid fees and costs, including attorney fees listed in par. (a), from the amount in
9the inmate's account at
the any time the
judgment was rendered account has
10sufficient money to pay the unpaid fees and costs. This paragraph does not prevent
11the collection of the unpaid fees and costs by any other method.
SB388, s. 40
12Section
40. 893.16 (1) of the statutes is amended to read:
SB388,30,1813
893.16
(1) If a person entitled to bring an action is, at the time the cause of
14action accrues, either under the age of 18 years, except for actions against health care
15providers; or
insane, or imprisoned on a criminal charge mentally ill, the action may
16be commenced within 2 years after the disability ceases, except that where the
17disability is due to
insanity or imprisonment mental illness, the period of limitation
18prescribed in this chapter may not be extended for more than 5 years.
SB388, s. 41
19Section
41. 893.735 of the statutes is created to read:
SB388,30,21
20893.735 Action by prisoner contesting a governmental decision. (1) In
21this section, "prisoner" has the meaning given in s. 801.02 (7) (a) 2.
SB388,31,3
22(2) An action or special proceeding, including a petition for a common law writ
23of certiorari, made on behalf of a prisoner is barred unless commenced within 30 days
24after the cause of action accrues if that action or special proceeding concerns a
25decision or disposition under s. 801.02 (7) (b). The 30-day period shall begin on the
1date of the decision or disposition, except that the court may extend the period by as
2many days as the prisoner proves have elapsed between the decision or disposition
3and the prisoner's actual notice of the decision or disposition.