1999 Wisconsin Act 9

9,2698g Section 2698g. 301.16 (1v) of the statutes is created to read:

301.16 (1v) In addition to the institutions under sub. (1), the department shall establish a medium security correctional institution in Chippewa Falls.

9,2698m Section 2698m. 301.18 (1) (c) of the statutes is created to read:

301.18 (1) (c) Provide the facilities necessary for the correctional institution under s. 301.16 (1v) using the Highview building located at the Northern Wisconsin Center for the Developmentally Disabled and converted to a correctional facility under 1999 Wisconsin Act .... (this act), section 9107 (1) (b) 1.

9,2699d Section 2699d. 301.205 of the statutes is amended to read:

301.205 Reimbursement to visiting families. The department may reimburse families visiting girls at a secured correctional facility, as defined in s. 938.02 (15m). If the department decides to provide the reimbursement, it the department shall establish criteria for the level of reimbursement, which shall include family income and size and other relevant factors.

9,2700 Section 2700. 301.26 (4) (c) of the statutes is amended to read:

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), (ho) or (hr), the costs of care, services and supplies provided for each person receiving services under s. 46.057, 48.366, 51.35 (3), 938.183 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.

9,2701d Section 2701d. 301.26 (4) (cm) 1. of the statutes is amended to read:

301.26 (4) (cm) 1. Notwithstanding pars. (a), (b) and (bm), the department shall transfer funds from the appropriation under s. 20.410 (3) (cg) to the appropriations under s. 20.410 (3) (hm), (ho) and (hr) for the purpose of reimbursing juvenile secured correctional institutions facilities, secured child caring institutions, as defined in s. 938.02 (15g), alternate care providers, aftercare supervision providers and corrective sanctions supervision providers for costs incurred beginning on July 1, 1996, for the care of any juvenile 14 years of age or over who has been placed in a juvenile secured correctional facility based on a delinquent act that is a violation of s. 939.31, 939.32 (1) (a), 940.03, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1), 948.025, 948.30 (2), 948.35 (1) (b) or 948.36 and for the care of any juvenile 10 years of age or over who has been placed in a juvenile secured correctional institution or a facility or secured child caring institution for attempting or committing a violation of s. 940.01 or for committing a violation of s. 940.02 or 940.05.

9,2702d Section 2702d. 301.26 (4) (cm) 2. of the statutes is amended to read:

301.26 (4) (cm) 2. Notwithstanding pars. (a), (b) and (bm), the department shall transfer funds from the appropriation under s. 20.410 (3) (cg) to the appropriations under s. 20.410 (3) (hm), (ho) and (hr) for the purpose of reimbursing juvenile secured correctional institutions facilities, secured child caring institutions, as defined in s. 938.02 (15g), alternate care providers, aftercare supervision providers and corrective sanctions supervision providers for costs incurred beginning on July 1, 1996, for the care of any juvenile 14 years of age or over and under 18 years of age who has been placed in a juvenile secured correctional facility under s. 48.366 based on a delinquent act that is a violation of s. 940.01, 940.02, 940.05 or 940.225 (1).

9,2703d Section 2703d. 301.26 (4) (d) 2. of the statutes is amended to read:

301.26 (4) (d) 2. Beginning on July 1, 1997 1999, and ending on December 31, 1997 1999, the per person daily cost assessment to counties shall be $150.44 $153.01 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $150.44 $153.01 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $160.22 $183.72 for care in a child caring institution, including a secured child caring institution, $111.16 $118.93 for care in a group home for children, $24.78 $26.17 for care in a foster home, $71.35 $75.37 for care in a treatment foster home, $88.19 $72.66 for departmental corrective sanctions services and $16.98 $19.76 for departmental aftercare services.

9,2703e Section 2703e. 301.26 (4) (d) 3. of the statutes is amended to read:

301.26 (4) (d) 3. In calendar year 1998 2000, the per person daily cost assessment to counties shall be $154.94 $153.55 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $154.94 $153.55 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $161.79 $187.21 for care in a child caring institution, including a secured child caring institution, $112.25 $121.19 for care in a group home for children, $25.02 $26.67 for care in a foster home, $72.05 $76.80 for care in a treatment foster home, $80.41 $74.68 for departmental corrective sanctions services and $17.18 $19.15 for departmental aftercare services.

9,2703f Section 2703f. 301.26 (4) (d) 4. of the statutes is amended to read:

301.26 (4) (d) 4. Beginning on January 1, 1999 2001, and ending on June 30, 1999 2001, the per person daily cost assessment to counties shall be $159.46 $154.08 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $159.46 $154.08 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $163.36 $190.70 for care in a child caring institution, including a secured child caring institution, $113.34 $123.45 for care in a group home for children, $25.26 $27.16 for care in a foster home, $72.75 $78.23 for care in a treatment foster home, $74.35 $76.71 for departmental corrective sanctions services and $17.39 $18.62 for departmental aftercare services.

9,2706d Section 2706d. 301.26 (4) (dt) of the statutes is amended to read:

301.26 (4) (dt) For Except as provided in pars. (e) to (g), for serious juvenile offender services, all uniform fee collections under s. 301.03 (18) shall be credited to the appropriation account under s. 20.410 (3) (hm).

9,2709 Section 2709. 301.26 (4) (g) of the statutes is amended to read:

301.26 (4) (g) For juvenile field and institutional aftercare services under ch. 938 and for the office of juvenile offender review, all payments and deductions made under this subsection and uniform fee collections under s. 301.03 (18) shall be deposited in the general fund and shall be treated as a nonappropriated receipt credited to the appropriation account under s. 20.410 (3) (hm).

9,2709g Section 2709g. 301.26 (7) (intro.) of the statutes is amended to read:

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 (ko), the department shall allocate funds for community youth and family aids for the period beginning on July 1, 1997 1999, and ending on June 30, 1999 2001, as provided in this subsection to county departments under ss. 46.215, 46.22 and 46.23 as follows:

9,2709h Section 2709h. 301.26 (7) (a) of the statutes is renumbered 301.26 (7) (a) (intro.) and amended to read:

301.26 (7) (a) (intro.) For community youth and family aids under this section, amounts not to exceed $41,649,700 $42,091,800 for the last 6 months of 1997, $82,741,700 1999, $85,183,700 for 1998 2000 and $41,091,900 $43,091,900 for the first 6 months of 1999. 2001. Of those amounts, the department shall allocate $1,000,000 for the last 6 months of 1999, $3,000,000 for 2000 and $2,000,000 for the first 6 months of 2001 to counties based on each of the following factors weighted equally:

9,2709i Section 2709i. 301.26 (7) (a) 1. of the statutes is created to read:

301.26 (7) (a) 1. Each county's proportion of the total statewide juvenile population for the most recent year for which that information is available.

9,2709j Section 2709j. 301.26 (7) (a) 2. of the statutes is created to read:

301.26 (7) (a) 2. Each county's proportion of the total Part I juvenile arrests reported statewide under the uniform crime reporting system of the office of justice assistance during the most recent 3-year period for which that information is available.

9,2709k Section 2709k. 301.26 (7) (a) 3. of the statutes is created to read:

301.26 (7) (a) 3. Each county's proportion of the number of juveniles statewide who are placed in a juvenile correctional institution or a secured child caring institution, as defined in s. 938.02 (15g), during the most recent 3-year period for which that information is available.

9,2709L Section 2709L. 301.26 (7) (a) 3. of the statutes, as created by 1999 Wisconsin Act .... (this act), is amended to read:

301.26 (7) (a) 3. Each county's proportion of the number of juveniles statewide who are placed in a juvenile correctional institution or secured correctional facility, a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home during the most recent 3-year period for which that information is available.

9,2709m Section 2709m. 301.26 (7) (e) of the statutes is amended to read:

301.26 (7) (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 1997 1999, $250,000 for 1998 2000 and $125,000 for the first 6 months of 1999 2001. A county is eligible for payments under this paragraph only if it has a population of not more than 45,000.

9,2709n Section 2709n. 301.26 (7) (h) of the statutes is amended to read:

301.26 (7) (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 1997 1999, $2,124,800 in 1998 2000 and $1,062,400 in the first 6 months of 1999 2001 for the provision of corrective sanctions services for juveniles 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.

9,2709p Section 2709p. 301.26 (8) of the statutes is amended to read:

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 1997 1999, $1,333,400 in 1998 2000 and $666,700 in the first 6 months of 1999 2001 for alcohol and other drug abuse treatment programs.

9,2709r Section 2709r. 301.263 (1) of the statutes is amended to read:

301.263 (1) From the appropriation under s. 20.410 (3) (f), the department shall distribute $3,750,000 $5,000,000 in each year to counties for early intervention services for first offenders and for intensive community-based intervention services for seriously chronic offenders.

9,2710d Section 2710d. 301.263 (3) of the statutes is amended to read:

301.263 (3) The department shall distribute 33% of the amounts distributed under sub. (1) based on each county's proportion of the violent Part I juvenile arrests reported statewide under the uniform crime reporting system of the office of justice assistance in the department of administration, during the most recent 2-year period for which that information is available. The department shall distribute 33% of the amounts distributed under sub. (1) based on each county's proportion of the number of juveniles statewide who are placed in a juvenile secured correctional institution or facility, a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home during the most recent 2-year period for which that information is available. The department shall distribute 34% of the amounts distributed under sub. (1) based on each county's proportion of the total Part I juvenile arrests reported statewide under the uniform crime reporting system of the office of justice assistance, during the most recent 2-year period for which that information is available.

9,2710m Section 2710m. 301.265 (3) of the statutes is amended to read:

301.265 (3) From the appropriations under s. 20.410 (3) (d) and (kj), the department shall allocate $150,000 in each fiscal year to enter into a contract with an organization to provide services in Racine County, $150,000 in each fiscal year to enter into a contract with an organization to provide services in Kenosha County, $150,000 in each fiscal year to enter into a contract with an organization that is located in ward 1 in the city of Racine to provide services in Racine County and $75,000 $150,000 in each fiscal year to enter into a contract with an organization to provide services in Brown County, for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational and employment programs, and for alcohol or other drug abuse education and treatment services for participants in that organization's youth diversion program. The organization that is located in ward 1 in the city of Racine shall have a recreational facility, shall offer programs to divert youths from gang activities, may not be affiliated with any national or state association and may not have entered into a contract under s. 301.265 (3), 1995 stats. Notwithstanding s. 16.75, the department may enter into a contract under this subsection without soliciting bids or proposals and without accepting the lowest responsible bid or offer.

9,2711 Section 2711. 301.27 (2) of the statutes is amended to read:

301.27 (2) Vending stands. The department shall establish and maintain a revolving fund not exceeding $60,000 $100,000 in any of the state institutions administered by the department, for the education, recreation and convenience of the patients, inmates and employes, to be used for the operation of vending stands, canteen operations, reading clubs, musical organizations, religious programs, athletics and similar projects. The funds are exempt from s. 20.906, but are subject to audit by the department and the legislative audit bureau in its discretion.

9,2712d Section 2712d. 301.36 (1) of the statutes is amended to read:

301.36 (1) General authority. The department shall investigate and supervise all of the state correctional institutions prisons under s. 302.01, all secured correctional facilities, all secured child caring institutions, all secured group homes and all secure detention facilities and familiarize itself with all of the circumstances affecting their management and usefulness.

9,2713d Section 2713d. 301.37 (1) of the statutes is amended to read:

301.37 (1) The department shall fix reasonable standards and regulations for the design, construction, repair and maintenance of all houses of correction, reforestation camps maintained under s. 303.07, jails as defined in s. 302.30, extensions of jails under s. 59.54 (14) (g), rehabilitation facilities under s. 59.53 (8), lockup facilities as defined in s. 302.30, work camps under s. 303.10, Huber facilities under s. 303.09 and, after consulting with the department of health and family services, all secured group homes and secure detention facilities, with respect to their adequacy and fitness for the needs which they are to serve.

9,2714d Section 2714d. 301.45 (1) (b) of the statutes is amended to read:

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 a secured group home or is on probation, extended 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.

9,2715d Section 2715d. 301.45 (1) (bm) of the statutes is amended to read:

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 a secured group home or is on probation, extended 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.

9,2716d Section 2716d. 301.45 (3) (a) 2. of the statutes is amended to read:

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 or a secured group home, he or she is subject to this subsection upon being released on parole, extended supervision or aftercare supervision.

9,2717j Section 2717j. 301.45 (3) (a) 3r. of the statutes is amended to read:

301.45 (3) (a) 3r. If the person has been committed under ch. 980, he or she is subject to this subsection upon being placed on supervised release under s. 980.06 (2), 1997 stats., or s. 980.08 or, if he or she was not placed on supervised release, before being discharged under s. 980.09 or 980.10.

9,2717m Section 2717m. 301.45 (5) (a) 2. of the statutes is amended to read:

301.45 (5) (a) 2. If the person has been sentenced to prison or placed in a secured correctional facility or , a secured child caring institution or a secured group home, 15 years after discharge from parole or aftercare supervision.

9,2718 Section 2718. 302.01 of the statutes is amended to read:

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 institution institutions authorized under s. 301.16 (1n) and (1v), 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, the probation and parole holding facilities authorized under s. 301.16 (1q) and state-local shared correctional facilities when established under s. 301.14, are state prisons.

9,2718e Section 2718e. 303.01 (2) (em) of the statutes is amended to read:

303.01 (2) (em) 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 6 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 enter into a contract under this paragraph only with the approval of the joint committee on finance. The department may not enter into or amend a contract under this paragraph unless the contract or amendment specifies each state prison or juvenile correctional institution at which the private business will employ inmates or institution residents. The private business may not employ inmates or institution residents at a state prison or juvenile correctional institution not specified in the contract without 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. 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 provisions regarding displacement in sub. (11), 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;

9,2718em Section 2718em. 303.01 (2) (em) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is repealed.

9,2718g Section 2718g. 303.01 (8) (b) of the statutes is amended to read:

303.01 (8) (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.

9,2718h Section 2718h. 303.01 (8) (c) of the statutes is repealed.

9,2718L Section 2718L. 303.01 (8) (d) of the statutes is repealed.

9,2718p Section 2718p. 303.01 (8) (e) of the statutes is repealed.

9,2718q Section 2718q. 303.01 (11) of the statutes is created to read:

303.01 (11) Displacement. (a) In this subsection:

1. "Displace an employe" means to lay off an employe in this state as a direct result of work being performed in a state prison or juvenile correctional institution under a prison contract or to permanently transfer an employe in this state to another job that reduces the employe's base pay, excluding overtime, differentials and bonuses, by more than 25% as a direct result of work being performed in a state prison or juvenile correctional institution under a prison contract.

2. "Prison contract" means a contract entered into by the department under sub. (2) (em).

3. "Private employer" means a private business that is a party to a prison contract.

(b) A private employer may not displace an employe or cause another private business to displace an employe.

(c) A private employer may not employ inmates or institution residents under a prison contract if any of the following applies:

1. The inmates or institution residents are to be employed in a skill, craft or trade in which there is a surplus of available labor in the locality of the private employer.

2. The employment of the inmates or institution residents will impair the performance of other contracts to which the private employer is a party.

3. The inmates or institution residents will replace employes who are on strike against the private employer or locked out of work.

(d) A private employer shall post in all of its workplaces a notice provided by the department containing a description of the nature of the prison contract and an explanation of what it means for an employe of a private employer to be displaced under this subsection and identifying a person at the department whom an employe of a private employer may contact if the employe believes that he or she may have been displaced by a prison contract.

9,2718qm Section 2718qm. 303.01 (11) of the statutes, as created by 1999 Wisconsin Act .... (this act), is repealed.

9,2718v Section 2718v. 303.06 (3) of the statutes is repealed.

9,2718w Section 2718w. 303.08 (1) (cn) of the statutes is created to read:

303.08 (1) (cn) Attending court proceedings to which the person is a party or for which the person has been subpoenaed as a witness;

9,2718wc Section 2718wc. 303.08 (5) (a) of the statutes is renumbered 303.08 (5) (cg).

9,2718wg Section 2718wg. 303.08 (5) (b) of the statutes is amended to read: