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.
Senate: Reduce program revenue funding in Badger State Industries by $336,400 PR and 5.0 PR positions annually associated with the data entry industry in Corrections. Provide $11,800 GPR annually for wages of inmates who would be involuntarily unassigned. In addition to the Joint Finance provisions related to prisoner access to personal information, 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 would have access to any personal identifying information of a person who is not a prisoner. Specify that personal identifying information includes an individual's name, address, telephone number, driver's license number, social security number, employer or place of employment, an identification number assigned to an individual by his or her employer, the maiden name of an individual's mother and the numbers of certain types of bank accounts.
Define prisoner as a prisoner of any public or private correctional or detention facility that is located within or outside Wisconsin. Create the following disclosure requirements for prisoners who make telephone solicitations or answer toll-free telephone numbers:
a. Require a prisoner who is making a telephone solicitation to do all of the following immediately after a person answers the telephone: (1) state his or her name; (2) state that he or she is a prisoner; and (3) inform the person answering the call of the name and location of the correctional facility in which he or she is a prisoner. Specify that these requirements apply to solicitations to sell goods or services, to solicit charitable contributions or to conduct opinion polls or surveys. In addition, specify that the requirements apply to prisoners located in a facility outside of Wisconsin if they make telephone solicitations to persons in Wisconsin.
b. Require a prisoner who is answering a toll-free telephone number to do all of the following immediately after answering a call to the number: (1) state his or her name; (2) state that he or she is a prisoner; and (3) inform the caller of the name and location of the correctional facility in which he or she is a prisoner. Specify that these requirements apply to toll-free numbers used to sell goods or services or to solicit charitable contributions. In addition, specify that the requirements apply to prisoners located in a facility outside of Wisconsin if the prisoner is answering toll-free calls made by persons in Wisconsin.
Specify that a prisoner who violates the disclosure requirements is subject to a forfeiture (a civil monetary penalty) of not more than $500, while an employer of a prisoner who is a party to a prisoner's violation of the requirements is subject to a forfeiture of not more than $10,000. Require that an employer may be a party to a prisoner's violation of the requirements by aiding and abetting the violation, conspiring with a prisoner to commit the violation or by advising, hiring, counseling or otherwise procuring a prisoner to violate the requirements.
Conference Committee/Legislature: Modify the Senate provision by: (a) eliminating the funding and position modifications; and (b) removing the provision that would apply the restrictions to out-of-state inmates answering toll-free calls.
Veto by Governor [D-2]: Delete the Conference Committee/Legislature modifications. As a result, the Governor/Joint Finance provisions are maintained.
[Act 9 Sections: 2689 and 9311(1)]
[Act 9 Vetoed Sections: 2165rx, 2165rz, 2313m, 2313u, 2313y and 2689]
29. DNA SPECIMEN COLLECTIONS POSITION
Funding Positions
PR $51,400 1.00
Joint Finance/Legislature: Provide $22,400 in 1999-00 and $29,000 in 2000-01 and 1.0 position annually for a clerical assistant position beginning January 1, 2000, to assist with the collection of DNA samples from felons. Funding for the position would be provided from the crime laboratories and drug law enforcement assessment imposed on offenders.
30. REPORT ON OUT-OF-STATE INMATE TRANSFERS
Joint Finance: Require the Department of Corrections to prepare a report on inmates transferred to out-of-state contract facilities for submission to the Joint Committee on Finance by July 1, 2000. Specify that the report address the following issues:
a. Overall impact transfers have on prison populations and a projection of future out-of-state transfers.
b. Total cost of out-of-state transfers including the cost of incarceration and transportation.
c. Types of inmates being transferred based on the crimes for which the inmates have been sentenced.
d. Policies on how inmates are selected for out-of-state transfers.
e. Average length of stay in out-of-state prisons.
f. Specific services, programs and treatment received by inmates in out-of-state facilities compared to inmates housed in Wisconsin facilities.
g. Complaint procedures for inmates, including the number of complaints received, types of grievances submitted and ways the out-of-state prison facilities have addressed the complaints.
h. Rate of recidivism for prisoners that have been housed out of state compared to those remaining in Wisconsin for the entire sentence, classified by the crimes for which inmates have been sentenced.
i. Impact of the transfers on inmates' families in Wisconsin, including the information families receive on treatment of inmates and ways Corrections has attempted to respond to concerns of the families.
j. Steps taken to implement alternative measures to prison transfers, including the number of persons involved in enhanced community supervision programs, the success of these programs, and the feasibility of reducing prison transfers through increasing some combination of community supervision programs.
k. The effect elimination of parole and probation would have on rates of recidivism and prison population.
l. An evaluation of health status of prisoners and health care provided to prisoners.
Assembly/Legislature: Delete provision.
