12. REGULATION OF PRIVATE PRISON CONSTRUCTION
Joint Finance: Create the following provisions related to regulation of private prison construction:
a. Specify that no private person may commence construction of a correctional facility or commence conversion of an existing building, structure or facility into a correctional facility unless all of the following requirements are met: (1) the Building Commission has authorized the lease or acquisition of the building, structure or facility by the state upon the completion of the construction or conversion; and (2) the building, structure or facility is enumerated in the authorized state building program. Specify that buildings, structures or facilities that are constructed or converted under a contract with and for the use by a county, a group of counties, the United States or a federally recognized American Indian tribe or band are not subject to the provision.
b. Define “correctional facility” as a prison, jail, house of correction or lockup facility. Exclude from the definition an institution or facility or a portion of an institution or facility that is used solely to confine juveniles alleged or found to be delinquent.
c. Specify that the Building Commission may not lease or acquire a building, structure or facility for the purpose of confining persons serving a sentence of imprisonment to the Wisconsin state prisons unless the person who undertakes construction or conversion of the building, facility or structure has met the requirements identified in item a.
d. Specify that the Building Commission may not authorize the acquisition or leasing of any building, structure or facility, or portion thereof, for initial occupancy by Corrections for the purpose of confining persons serving a sentence of imprisonment unless the Department of Workforce Development determines that each employe working on the building, structure or facility who would have been entitled to receive the prevailing wage rate that was in effect for the employe’s trade or occupation at the time the building, structure or facility was constructed and who would not have been required or permitted to work more than the prevailing hours of labor then in effect, if the building, structure or facility had been a project of public works was paid not less than that prevailing wage rate and was not required or permitted to work more than those prevailing hours of labor. Specify that reporting and recordkeeping requirements and other compliance provisions under the current prevailing wage law apply. Provide that the provision would first apply to buildings, structures or facilities for which construction or conversion for confinement purposes is commenced on the effective date of the bill.
Assembly/Senate: Delete the Joint Finance provision which requires that no private person may commence construction of a correctional facility or conversion of an existing facility into a correctional facility, unless the project is enumerated in the state building program. Specify that a private person may commence construction of a correctional facility if the Building Commission approved the construction or conversion of a correctional facility by a private person.
Conference Committee/Legislature: Do not include the Assembly/Senate provision. Instead, delete the Joint Finance provision.
13. INCREASED PHARMACY STAFF
Funding Positions
GPR $526,700 6.00
Governor/Legislature: Provide $234,600 in 1999-00 and $292,100 in 2000-01 and 6.0 positions (4.0 pharmacists and 2.0 pharmacy technicians) annually for increased staffing at the central pharmacy at the Dodge Correctional Institution in Waupun. The central pharmacy provides prescription medications for offenders in the adult and juvenile correctional systems.
14. INSTITUTION-BASED SEX OFFENDER TREATMENT [LFB Paper 334]
Funding Positions
GPR $394,000 4.50
Governor/Legislature: Provide $180,800 in 1999-00 and $213,200 in 2000-01 and 4.5 positions annually to expand the current sex offender treatment programs at the Waupun and Columbia Correctional Institutions. Funding would support specialized treatment teams (2.0 treatment specialists and 0.25 psychologist) at the two institutions. The programs would provide intensive group treatment (five, one and a half-hour group treatment sessions per week for a minimum of 45 weeks). In order to successfully complete the program, each offender would be required to complete a minimum of 337 hours of treatment.
15. SEXUALLY VIOLENT PERSON EVALUATION UNIT [LFB Paper 335]
Governor: Provide $139,600 in 1999-00 and $147,100 in 2000-01 and 2.0 positions annually for the sexually violent person (SVP) evaluation unit. Funding would support: (a) 1.5 psychologist positions and 0.5 program assistant position ($98,200 in 1999-00 and $112,000 in 2000-01); (b) leased vehicles for travel ($20,900 in 1999-00 and $28,900 in 2000-01); (c) copying costs ($5,500 in 1999-00 and $6,200 in 2000-01) and (d) $15,000 in 1999-00 for specialized training and certification for SVP evaluation unit staff in evaluation techniques. The unit is responsible for evaluating sexually violent offenders and providing testimony at civil commitment hearings.
In addition, convert 2.0 current positions (1.5 psychologist and 0.5 program assistant) in the SVP evaluation unit from project to permanent status. The current project positions end in October, 1999, but were not removed under the standard budget adjustments as non-continuing items. Total cost of the positions is $71,700 in 1999-00 and $95,600 in 2000-01. This funding is transferred from within the Department’s base budget.
Joint Finance/Legislature: Delete $11,300 in 1999-00 and $16,300 in 2000-01 associated with leased vehicles and pagers.
16. MCNAUGHTON CORRECTIONAL CENTER WASTE WATER TREATMENT
GPR $130,500
Governor/Legislature: Provide $43,500 in 1999-00 and $87,000 in 2000-01 for waste water treatment at the McNaughton Correctional Center in Lake Tomahawk. Funding would be placed in unallotted reserve to fund an agreement between the state and the Lake Tomahawk Sanitary District for connecting the Center to the District. Funding would support: (a) a portion of the debt retirement cost of a treatment facility for the Lake Tomahawk Sanitary District ($37,500 in 1999-00 and $75,000 in 2000-01); and (b) annual waste water treatment costs for the Center ($6,000 in 1999-00 and $12,000 in 2000-01).
17. LITERACY SOFTWARE
PR $275,000
Governor/Legislature: Provide $275,000 in 1999-00 to purchase literacy software for ten correctional institutions and one correctional center. The software ($25,000 per institution) is designed to improve the reading skills of inmates through the use of individualized training in a computer lab. The software tracks individual inmates progress. Corrections indicates that up to 45 offenders per day, per institution could receive literacy training provided through the software. Funding for the software is provided from telephone commission revenues.
18. DRUG ABUSE CORRECTIONAL CENTER REPAIR AND MAINTENANCE
Governor/Legislature: Transfer $175,700 GPR annually from rent at the Drug Abuse Correctional Center (DACC) to supplies and services for repair and maintenance at the facility. Prior to 1997-98, Corrections rented DACC from the Department of Health and Family Services. In that year, DACC was sold to Corrections. This transfers funding previously used to pay rent costs to the repair and maintenance appropriation for DACC.
19. LAPSE FROM TELEPHONE REVENUES [LFB Paper 336]
Governor: Require that on June 30, 2000, $2,250,000 be lapsed from the Department of Corrections program revenue appropriation for telephone company commissions. Under current law, Corrections collects commissions from telephone companies with contracts to provide telephone services to inmates. Of the total collected as commissions by Corrections (approximately $2.7 million annually), two-thirds is deposited into the general fund and one-third is retained by Corrections in a separate, PR appropriation. Program revenue in the appropriation is required to be used for purchases for inmates. As of January 31, 1999, the appropriation had an unappropriated revenue balance of $2,233,500. [Note: The Department of Administration indicates that this provision should not have been included in the Governor’s bill. The GPR-Rev identified for this item was not included in the Governor’s fund condition statement.]
Joint Finance/Legislature: Delete provision.
20. BADGER STATE INDUSTRIES -- INCREASED EXPENDITURE AUTHORITY [LFB Paper 337]
Governor: Provide $3,571,900 in 1999-00 and $4,211,600 in 2000-01 and 3.0 positions annually for increased expenditure authority for Badger State Industries (BSI) associated with: (a) an additional 3.0 positions (1.0 purchasing agent, 1.0 financial specialist and 1.0 sales and marketing specialist) to address increased workload in Badger State Industries, $117,000 in 1999-00 and $124,000 in 2000-01; (b) increased utilization of limited-term employes, $219,600 annually; (c) on-going equipment replacement, $226,000 annually; (d) increased inmate employment, $77,900 annually; and (e) increased raw materials costs, $2,931,400 in 1999-00 and $3,564,100 in 2000-01. Revenue to support the program is generated from charges to BSI customers for various services and products.
Joint Finance/Legislature: Modify the Governor's recommendation by: (a) reestimating raw material costs by -$510,800 in 1999-00 and -$494,300 in 2000-01 based on revised total revenue projections; (b) providing an additional $286,400 in 1999-00 for permanent property associated with identified permanent property costs; and (c) reducing permanent property by $380,000 in 2000-01 to establish permanent property expenditures at past expenditure levels.
21. BADGER STATE INDUSTRIES -- NEW LICENSE PLATES
Funding Positions
PR $1,853,600 1.00
Governor/Legislature: Provide $593,500 in 1999-00 and $1,260,100 and 1.0 four-year project position in 2000-01 associated with the costs of issuing new state license plates ("rebasing"). Badger State Industries produces license plates and tags for the Department of Transportation (DOT). The recommendation would provide funding for: (a) production raw materials, $539,000 in 1999-00 and $1,101,600 in 2000-01; (b) inmate wages, $13,500 in 1999-00 and $28,100 in 2000-01; (c) retooling of the production line, $20,000 in 1999-00; (d) staff and officer overtime $18,900 in 1999-00 and $76,800 in 2000-01; (e) 1.0 four-year project industries specialist position, $42,600 in 2000-01; and (f) miscellaneous supplies and maintenance, $2,100 in 1999-00 and $11,000 in 2000-01. Program revenue is provided from charges to DOT. Under 1997 Act 237, DOT was required to issue new license plates between July 1, 2000, and July 1, 2003. The bill extends the rebasing period to July 1, 2005. [See "Department of Transportation -- Motor Vehicles."]
22. BADGER STATE INDUSTRIES -- INCREASED MATERIALS COSTS
PR $755,000
Governor/Legislature: Provide $360,000 in 1999-00 and $395,000 in 2000-01 for Badger State Industries associated with raw materials for expanded industries. Funding would be provided for: (a) a new wood furniture line, $110,000 in 1999-00 and $145,000 in 2000-01; (b) $160,000 annually for new stainless steel products; and (c) $90,000 annually for the production of pants and segregation uniforms. Revenues to support the program are generated from charges to BSI customers for various services and products.
23. PRIVATE BUSINESS/PRISON EMPLOYMENT PROGRAM [LFB Paper 338]
Governor: Delete $1,042,300 annually to reestimate expenditure authority associated with raw materials purchased for the Fabry Glove private business/prison employment project. The private industry/prison employment program allows selected private businesses to operate in state correctional institutions using inmate labor. Total expenditure authority of $2,383,300 annually would be provided for the two current private business/prison employment projects. Revenue to support the program is generated from charges to the private businesses operating in the correctional institutions.
Joint Finance: Delete an additional $1,690,300 annually to reestimate expenditure authority for the program. As a result, total funding for the program would be $693,000 annually.
In addition, modify the private business/prison employment program as follows:
a. Specify that the Department of Corrections and the Department of Administration must submit a report to the Joint Committee on Finance for each quarter of calendar year 2000 providing the Department of Corrections' cash balance summary under each prison contract. Specify that each report shall be prepared within 30 days after the end of the quarter. Require that the report for the fourth quarter state whether Corrections' operations under at least two-thirds of its prison contracts were profitable during calendar year 2000. If less than two-thirds of its prison contracts were profitable, require Corrections to terminate the programs. If the report indicates that less than two-thirds of prison contracts were profitable during calendar year 2000, require the Co-Chairpersons of the Joint Committee on Finance to certify that fact to the Revisor of Statutes no later than March 1, 2001. Upon certification, require the Revisor of Statutes to publish a notice in the Wisconsin Administrative Register of the report and indicate that, as of March 1, 2001, the private business/prison employment program is terminated.
b. Require that any contract or any amendment to an existing contract specify the state prison or juvenile correctional institution at which the private industry/prison employment project will operate. Provide that any modification of a site location would require approval of the Joint Committee on Finance.
c. Prohibit worker displacement as a result of a private business/prison employment project as follows:
1. Create the following definitions of displacement:
· Displacement has occurred when an employe or employes in a business operation in the State of Wisconsin are laid off as a direct result of work being performed in a prison or juvenile correctional institution as part of the Department of Corrections' private business/prison employment program.
· Displacement has also occurred when an employe or employes in a business operation in the State of Wisconsin are permanently transferred to another job that reduces their base pay (excluding overtime, differentials, bonuses) by more than 25% as a direct result of work performed in a prison or juvenile correctional institution as part of the private business/prison employment program.
2. Further, require that the contractor agree that the employment of inmates will not be applied in a skill, craft or trade in which there is a surplus of available labor in the locality of the contractor, nor will it impair the performance of other contracts held by the contractor, nor will it replace contractor's employes involved in a labor dispute.
3. Specify that the contractor must agree to post a notice provided by Corrections in all of its work places describing the nature of this contract, the definition of "displacement" and a Department of Corrections contact for employes who believe they may have been displaced by a contract.
Senate: Delete funding in 2000-01 associated the private business/prison employment program. Delete the Joint Finance provisions and instead terminate the program 210 days after the effective date of the bill. On the effective date of the bill, specify that Corrections may not enter into, renew or extend a prison contract under the private business/prison employment program. Require Corrections to take all steps necessary, consistent with the terms of the contracts, to terminate each prison contract no later than the 210th day after the effective date of the bill.
Conference Committee/Legislature: Include Joint Finance provision. In addition, include three statutory cross-references that were inadvertently omitted.
Veto by Governor [D-3]: Delete provisions related to the conditional sunset of the program and the Joint Committee on Finance approval of changes in the location of private business/prison employment programs. Provisions related to requiring that new or amended contracts specify the location of private business/prison employment programs and to worker displacement are maintained.
[Act 9 Sections: 2718e and 2718q]
[Act 9 Vetoed Sections: 359g, 359r, 361m, 491m, 2029y, 2718e, 2718em, 2718g, 2718h, 2718L, 2718p, 2718qm, 2718v, 2718y, 9111(2d) and 9411(5d)]
24. CORRECTIONAL FARMS OPERATIONS
Funding Positions
PR $1,671,000 1.00
Governor/Legislature: Provide $778,700 in 1999-00 and $892,300 in 2000-01 with 1.0 position annually for operations of the correctional farms in Waupun, Oregon and Oneida. Funding would be divided as follows: (a) $31,700 in 1999-00 and $31,500 in 2000-01 for 1.0 program assistant for clerical support at the farms; (b) $6,500 in 1999-00 and $11,700 in 2000-01 for inmate wages for an additional 20 inmate workers in 1999-00 and 25 inmate workers in 2000-01; (c) $665,700 in 1999-00 and $774,200 in 2000-01 for farms supplies and services including an additional 60 dairy cows, steers, dairy packaging supplies and an inflationary increase associated with farm supplies; and (d) $74,800 in 1999-00 and $74,900 in 2000-01 for increased farms permanent property expenditure authority. Revenue for the farms is generated from the sales of beef, pork and dairy products produced by the prison farms.
25. COMPUTER RECYCLING PROGRAM [LFB Paper 723]
Governor: Provide $500,000 and 4.0 two-year project positions annually to support a computer recycling program operated by the Bureau of Correctional Enterprises at the Racine Youthful Offender Correctional Facility (RYOCF) and Taycheedah Correctional Institution (TCI) funded from the recycling fund. Create an annual, SEG appropriation in Corrections for the computer recycling program. In 1997 Act 237, Corrections was provided a one-time $409,800 grant in 1998-99 from the recycling fund with 4.0 PR one-year project positions to support a computer recycling program at RYOCF and TCI. (Funding and position authority for these positions are removed as non-continuing items under the standard budget adjustments.) The bill would continue the program with funds appropriated directly from the recycling fund, instead of from a recycling grant, and increases total annual funding to $500,000.
Joint Finance: Delete provision.
Assembly/Senate/Legislature: Restore provision.
[Act 9 Sections: 362z and 9111(6e)]
26. PRISON CANTEEN REVOLVING FUNDS
Governor/Legislature: Modify statutory language to increase the dollar limit that an institution’s canteen operation revolving fund may maintain from $60,000 to $100,000. Under current law, Corrections is required to establish and maintain a revolving fund at each institution for the education, recreation and convenience of inmates and employes of the institution. Revolving funds are used for the operation of vending stands, canteen operations, reading clubs, musical organizations, religious programs, athletics and similar projects.
[Act 9 Section: 2711]
27. CORRECTIONAL OFFICER TRAINING APPROPRIATION
Governor: Modify funding for the correctional officer training appropriation from 9.09% of penalty assessment revenues to the amounts specified in the appropriation schedule. Under the bill, penalty assessment revenues would continue to fund correctional officer training, but all penalty assessment revenues would initially be deposited to a newly-created appropriation under the Office of Justice Assistance (OJA) appropriation for penalty assessment surcharge receipts. The bill requires that amounts specified in the appropriation schedule for correctional officer training ($1,440,700 PR annually) would then be transferred to Corrections.
Joint Finance/Legislature: Include provision. In addition, specify that any revenue credited to the correctional officer training appropriation between August 1, 1999, and the effective date of the bill, is transferred to the new penalty assessment appropriation in OJA.
[Act 9 Sections: 360, 542, 2293 and 9211(2g)]
28. PRISONER ACCESS TO PERSONAL INFORMATION
Governor: Specify that Corrections may not enter into any contract or other agreement if, in the performance of the contract or agreement, a prisoner would perform data entry or telemarketing services and: (a) have access to an individual’s financial transaction card numbers, checking or savings account numbers or social security numbers; or (b) have access to any information that may serve to identify a minor. Specify that the provision would first apply to contracts entered into or renewed by Corrections on the effective date of the bill.
