SB77: Bill Text

SB77,1552,18 301.22 Contracts with private persons for the transfer and confinement of Wisconsin prisoners in other states. (1) 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:

SB77,1552,19 (a) A termination date.

SB77,1552,23 (b) 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.

SB77,1553,2 (c) 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.

SB77,1553,3 (d) Delivery and retaking of prisoners.

SB77,1553,5 (e) Regular reporting procedures concerning Wisconsin prisoners by the private person with which the department is contracting.

SB77,1553,7 (f) Provisions concerning procedures for probation, parole, community supervision and discharge.

SB77,1553,9 (g) The same standards of reasonable and humane care as the prisoners would receive in an appropriate Wisconsin institution.

SB77,1553,12 (h) 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.

SB77,1553,16 (2) While in an institution in another state covered by a contract under this section, 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.

SB77,1553,19 (3) Any hearing to consider parole to which a prisoner confined under a contract under this section may be entitled by the laws of Wisconsin shall be conducted by the Wisconsin parole commission under rules of the department.

SB77,1553,21 (4) Sections 16.75 and 301.08 (2) do not apply to contracts entered into under this section.

SB77,1554,2 (5) The provisions of any contract entered into under this section 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.

SB77, s. 3833 Section 3833. 301.26 (2) (b) of the statutes is amended to read:

SB77,1554,6 301.26 (2) (b) Uniform fees collected or received by counties under s. 46.03 301.03 (18) for services provided under this section shall be applied to cover the cost of the services.

SB77, s. 3834 Section 3834. 301.26 (3) (c) of the statutes is amended to read:

SB77,1554,10 301.26 (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.

SB77, s. 3835 Section 3835. 301.26 (4) (a) of the statutes is amended to read:

SB77,1554,23 301.26 (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).

SB77, s. 3836 Section 3836. 301.26 (4) (b) of the statutes is amended to read:

SB77,1555,15 301.26 (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).

SB77, s. 3837 Section 3837. 301.26 (4) (c) of the statutes is amended to read:

SB77,1555,22 301.26 (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.

SB77, s. 3838 Section 3838. 301.26 (4) (cm) 3. of the statutes is amended to read:

SB77,1556,2 301.26 (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.

SB77, s. 3839 Section 3839. 301.26 (4) (d) 1. of the statutes is amended to read:

SB77,1556,7 301.26 (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. 46.03 301.03 (18) shall be deposited in credited to the appropriation account under s. 20.410 (3) (hm).

SB77, s. 3840 Section 3840. 301.26 (4) (d) 1m. of the statutes is amended to read:

SB77,1556,12 301.26 (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. 46.03 301.03 (18) shall be deposited in credited to the appropriation account under s. 20.410 (3) (hm).

SB77, s. 3841 Section 3841. 301.26 (4) (d) 2. of the statutes is created to read:

SB77,1556,21 301.26 (4) (d) 2. Beginning on July 1, 1997, and ending on December 31, 1997, the per person daily cost assessment to counties shall be $137.52 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $137.52 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, $24.78 for care in a foster home, $71.35 for care in a treatment foster home, $77.75 for departmental corrective sanctions services and $15.55 for departmental aftercare services.

SB77, s. 3842 Section 3842. 301.26 (4) (d) 3. of the statutes is created to read:

SB77,1557,5 301.26 (4) (d) 3. In calendar year 1998, the per person daily cost assessment to counties shall be $147.40 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $147.40 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, $25.02 for care in a foster home, $72.05 for care in a treatment foster home, $69.16 for departmental corrective sanctions services and $15.25 for departmental aftercare services.

SB77, s. 3843 Section 3843. 301.26 (4) (d) 3m. of the statutes is repealed.

SB77, s. 3844 Section 3844. 301.26 (4) (d) 4. of the statutes is amended to read:

SB77,1557,16 301.26 (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 $151.32 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $133.82 $151.32 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 $62.81 for departmental corrective sanctions services and $14.95 $14.96 for departmental aftercare services.

SB77, s. 3845 Section 3845. 301.26 (4) (dt) of the statutes is amended to read:

SB77,1557,20 301.26 (4) (dt) For serious juvenile offender services, all uniform fee collections under s. 46.03 301.03 (18) shall be deposited in the appropriation account under s. 20.410 (3) (hm).

SB77, s. 3846 Section 3846. 301.26 (4) (e) of the statutes is amended to read:

SB77,1558,2 301.26 (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. 46.03 301.03 (18) shall be deposited in credited to the appropriation account under s. 20.410 (3) (ho).

SB77, s. 3847 Section 3847. 301.26 (4) (ed) of the statutes is amended to read:

SB77,1558,7 301.26 (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. 46.03 301.03 (18) shall be deposited in credited to the appropriation account under s. 20.410 (3) (ho).

SB77, s. 3848 Section 3848. 301.26 (4) (eg) of the statutes is amended to read:

SB77,1558,12 301.26 (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. 46.03 301.03 (18) shall be deposited in credited to the appropriation account under s. 20.410 (3) (hr).

SB77, s. 3849 Section 3849. 301.26 (4) (g) of the statutes is amended to read:

SB77,1558,18 301.26 (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. 46.03 301.03 (18) shall be deposited in the general fund and shall be treated as a nonappropriated receipt.

SB77, s. 3850 Section 3850. 301.26 (6) (a) of the statutes is amended to read:

SB77,1558,23 301.26 (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.

SB77, s. 3851 Section 3851. 301.26 (7) (intro.) of the statutes is amended to read:

SB77,1559,5 301.26 (7) Allocations of funds. (intro.) 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 1998, as provided in this subsection to county departments under ss. 46.215, 46.22 and 46.23 as follows:

SB77, s. 3852 Section 3852. 301.263 (title) of the statutes is renumbered 46.263 (title).

SB77, s. 3853 Section 3853. 301.263 (1) of the statutes is renumbered 46.263 (1) and amended to read:

SB77,1559,12 46.263 (1) From the appropriation under s. 20.410 20.435 (3) (f), the department shall distribute $3,750,000 in each year to counties for early intervention services for first offenders and for intensive community-based intervention services for seriously chronic offenders.

SB77, s. 3854 Section 3854. 301.263 (2) of the statutes is renumbered 46.263 (2).

SB77, s. 3855 Section 3855. 301.263 (3) of the statutes is renumbered 46.263 (3).

SB77, s. 3856 Section 3856. 301.265 (2) of the statutes is amended to read:

SB77,1559,20 301.265 (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.

SB77, s. 3857 Section 3857. 301.32 (1) of the statutes is amended to read:

SB77,1560,13 301.32 (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).

SB77, s. 3858 Section 3858. 301.32 (3) (a) of the statutes is amended to read:

SB77,1560,20 301.32 (3) (a) All money or other property paid or delivered to a probation, community supervision and parole agent or other employe of the department by or for the benefit of any person on probation, community supervision or parole shall be immediately transmitted to the department and it shall enter the same upon its books to his or her credit. The property shall be used only under the direction of the department.

SB77, s. 3859 Section 3859. 301.32 (3) (b) of the statutes is amended to read:

SB77,1560,25 301.32 (3) (b) If the person on probation, community supervision or parole absconds, the money shall be credited to the revolving fund created by s. 304.075; and other property if not called for within one year shall be sold by the department and the proceeds shall be credited to the fund.

SB77, s. 3860 Section 3860. 301.35 (2) (bm) of the statutes is created to read:

SB77,1561,2 301.35 (2) (bm) A person on community supervision.

SB77, s. 3861 Section 3861. 301.38 (1) (am) of the statutes is amended to read:

SB77,1561,7 301.38 (1) (am) "Prisoner" has the meaning given in s. 301.01 (2), but does not include any person in the intensive sanctions program under s. 301.048 or any person who is imprisoned as an alternative to the revocation of probation , community supervision or parole.

SB77, s. 3862 Section 3862. 301.38 (4) of the statutes is amended to read:

SB77,1561,20 301.38 (4) The department shall design and prepare cards for any person specified in sub. (2) to send to the department. The cards shall have space for any such person to provide his or her name, telephone number and mailing address, the name of the applicable prisoner and any other information that the department determines is necessary. The department shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to persons specified in sub. (2). These persons may send completed cards to the department. All department records or portions of records that relate to telephone numbers and mailing addresses of these persons are not subject to inspection or copying under s. 19.35 (1), but the department shall provide information from records kept under this subsection in response to a request for information made under s. 49.22 (2m).

SB77, s. 3863 Section 3863. 301.45 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

SB77,1562,4 301.45 (1) (b) Is in prison, a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or on probation, community supervision, parole, supervision or aftercare supervision on or after December 25, 1993, for any violation, or for the solicitation, conspiracy or attempt to commit any violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30, or of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent.

SB77, s. 3864 Section 3864. 301.45 (1) (bm) of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

SB77,1562,14 301.45 (1) (bm) Is in prison, a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or on probation, community supervision, parole, supervision or aftercare supervision on or after December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of a law of this state that is comparable to s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30 or that is comparable to a violation of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent.

SB77, s. 3865 Section 3865. 301.45 (1) (dh) of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

SB77,1562,23 301.45 (1) (dh) Is on parole, community supervision or probation in this state from another state under s. 304.13 or 304.135 on or after December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of the law of another state that is comparable to a violation of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30 or that is comparable to a violation of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent.

SB77, s. 3866 Section 3866. 301.45 (2) (a) 4. b. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

SB77,1563,3 301.45 (2) (a) 4. b. The date the person was or is to be released from confinement, whether on parole, community supervision or otherwise, or discharged or terminated from a sentence or commitment.

SB77, s. 3867 Section 3867. 301.45 (2) (e) 1. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

SB77,1563,8 301.45 (2) (e) 1. Within 10 days after the person being placed on parole, community supervision, probation, supervision, aftercare supervision, conditional release or supervised release.

SB77, s. 3868 Section 3868. 301.45 (2) (e) 2. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

SB77,1563,13 301.45 (2) (e) 2. If the person is on parole, community supervision or probation from another state under s. 304.13 or 304.135, within 10 days after the person enters this state.

SB77, s. 3869 Section 3869. 301.45 (3) (a) 1m. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

SB77,1563,18 301.45 (3) (a) 1m. If the person is on parole, community supervision or probation from another state under s. 304.13 or 304.135, he or she is subject to this subsection upon entering this state.

SB77, s. 3870 Section 3870. 301.45 (3) (a) 2. of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

SB77,1563,24 301.45 (3) (a) 2. If the person has been sentenced to prison or placed in a secured correctional facility or a secured child caring institution, he or she is subject to this subsection upon being released on parole, community supervision or aftercare supervision.

SB77, s. 3871 Section 3871. 301.45 (3) (b) 2. of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

SB77,1564,11 301.45 (3) (b) 2. The department shall notify a person who is being released from prison because he or she has reached the expiration date of his or her sentence and who is covered under sub. (1) of the need to comply with this section. Also, probation, community supervision and parole agents, aftercare agents and agencies providing supervision shall notify any client who is covered under sub. (1) of the need to comply with this section at the time the client is placed on probation, community supervision, parole, supervision or aftercare supervision or, if the client is on probation, community supervision or parole from another state under s. 304.13 or 304.135, when the client enters this state.

SB77, s. 3872 Section 3872. 301.45 (3) (b) 4. of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

SB77,1564,17 301.45 (3) (b) 4. Failure to receive notice under this paragraph from the department of health and family services, the department of corrections, a probation, community supervision and parole agent, an aftercare agent or an agency providing supervision is not a defense to liability under sub. (6).