· 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.
31. CANINE DRUG UNITS IN STATE PRISONS
Assembly: Provide $189,900 and 3.0 positions annually to create three canine drug units (one officer and one dog), including training, squad cars and personnel costs. Create statutory language requiring Corrections to establish and maintain three drug detection dog units. Require that each unit consist of one dog that is trained to use its sense of smell to detect the presence of controlled substances and one correctional officer trained to handle the dog. Specify that each unit be based at a different correctional institution but may be used to detect controlled substances at any state correctional institution. Require that the drug detection dog unit correctional officers report directly to the Secretary of the Department of Corrections. Allow a drug detection dog unit to investigate a state correctional institution for the presence of drugs at the request of the Secretary, a warden, superintendent, or officer or employe of a correctional institution, or on the initiative of the drug detection unit correctional officer, if he or she receives credible information that controlled substances may be present in the institution. Require the Secretary to establish the amount of advance notice a drug detection dog unit must provide to a warden or superintendent. Require that the warden, superintendent or other officers and employes of a state correctional institution give a drug detection dog unit free access to and unrestrained ability to inspect all parts of the buildings and grounds of the institution, including visitation areas and areas to which prisoners may not have access.
Conference Committee/Legislature: Delete provision.
32. HIGHVIEW BUILDING GERIATRIC PRISON LOCAL REFERENDUM
Senate: Prohibit the Building Commission from approving the conversion of the Highview Building at the Northern Wisconsin Center for the Developmentally Disabled to a geriatric prison facility for adult males until a county-wide referendum approving the conversion has been approved. Require the Building Commission to direct the county clerk of Chippewa County to place a referendum question on the ballot at the next spring or general election, or on a date specified by the Building Commission, but in any case not occurring sooner than 45 days after being directed to do so by the Building Commission. Specify that the question state: "Shall the State of Wisconsin convert the Highview building located at the Northern Wisconsin Center for the Developmentally Disabled to a medium security correctional institution?" Specify that if the question is approved by a majority of voters voting in the referendum, the Commission may approve the conversion. If the referendum question is not approved, provide that the Commission may not approve the conversion until the question is approved.
Conference Committee/Legislature: Delete provision.
33. TRANSFERRING PRISONERS TO COUNTY FACILITIES FROM OUT-OF-STATE JAILS AND PRISONS
Senate: Create a nonstatutory provision requiring Corrections, before October 31, 2000, to solicit proposals from Wisconsin counties to contract for jail bed space beginning in the first quarter of calendar year 2001, in order to return Wisconsin inmates in out-of-state prison beds to Wisconsin. Specify that if one or more counties proposes to enter into a contract that meets certain requirements (identified below) and the number of inmates who could be transferred under the proposed contracts is 1,000 or more, Corrections is required to reduce the number of out-of-state contract beds by 1,000 by entering into one or more contracts. If the proposed contracts meet certain requirements but the number of inmates who could be transferred under the contracts is less than 1,000, require Corrections to enter into all such contracts and return an equal number of inmates from out-of-state contract beds.
Require that each contract entered into by Corrections include a termination date, identify the regulations and rules of the Department and of the county jail or house of correction to which the inmates will be subject, and contain all of the following provisions: (a) prisoner participation in employment programs, the disposition or crediting of prisoner earnings and the crediting of proceeds from or disposal of any products resulting from prisoner employment; (b) delivery and retaking of prisoners; (c) regular reporting by the county concerning the prisoners confined under the contract; and (d) any other matters necessary and appropriate to fix the obligations, responsibilities and rights of the Department and the county. Specify that prisoners confined by a county are subject to the same standards of reasonable and humane care as prisoners would receive in a state correctional institution. Specify that Corrections may not enter into a contract for confining prisoners in a county jail that requires it to pay a county more than $57 per day per prisoner, excluding the cost of transporting prisoners, the cost of medical care and any other expenses as determined by the Department. Specify that the provisions of the contracts are severable and that if any contract provision 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.
Require Corrections to establish a competitive process, subject to the approval of the Secretary of the Department of Administration, to govern the solicitation of proposals and the awarding of contracts to counties. As under current law with regard to contracting with counties for jail beds, specify that state procurement laws do not apply to these contracts.
Conference Committee/Legislature: Delete provision.
Adult Community Corrections
1. COMMUNITY CORRECTIONS POPULATION ESTIMATES
Governor/Legislature: Estimate an end-point (June 30) population of 61,750 in 1999-00 and 64,010 in 2000-01. As of October, 1998, the probation and parole population was 57,362. The budgeted end-point population for 1998-99 is 62,158. Estimate an average daily population for the intensive sanctions program of 200 offenders in the community annually. As of February 26, 1999, the intensive sanctions community population was 315 inmates.
2. INTENSIVE SANCTIONS PROGRAM REDUCTION [LFB Paper 350]
Funding Positions
GPR - $6,252,100 - 19.00
Governor: Delete $2,991,800 in 1999-00 and $3,260,300 in 2000-01 and 19.0 positions annually to reflect the reduction in usage of the intensive sanctions program. The reduction is related to: (a) staff reductions (-$801,800 in 1999-00 and -$1,070,300 in 2000-01 and -19.0 positions annually); and (b) a reduction in purchase of services associated with the intensive sanctions program (-$2,190,000 annually). As a result of the bill, the intensive sanctions program would be funded at $3,366,500 ($2,840,300 GPR and $526,200 PR) in 1999-00 and $3,099,600 ($2,573,400 GPR and $526,200 PR) in 2000-01 and 12.0 GPR positions annually. Of the total funding, $1,571,000 ($1,044,800 GPR and $526,200 PR) in 1999-00 and $1,304,100 ($777,900 GPR and $526,200 PR) in 2000-01 would support staff and program costs and $1,795,500 GPR annually would be provided for purchase of services.
Senate: Provide $6,632,200 and 56.75 positions in 1999-00 and $9,058,000 and 69.00 positions in 2000-01 to expand the utilization of the intensive sanctions program from 200 inmates in the community (as provided under Joint Finance) to 1,075 in the community by the end of 2000-01. Decrease funding in the Joint Committee on Finance's supplemental appropriation for prison contract beds by $9,867,400 in 1999-00 and $11,887,900 in 2000-01 related to inmates placed in the intensive sanctions program rather than in contracted prison beds.
Conference Committee/Legislature: Include Governor's provision.
3. INTENSIVE SANCTIONS TEMPORARY LOCKUPS
GPR - $328,800
Governor/Legislature: Delete $164,400 annually associated with the temporary lockup of inmates in the intensive sanctions program (ISP). As a result of the bill, total funding for the temporary lockup of ISP inmates in county jails would be $109,800 in 1999-00 and $109,500 in 2000-01, and support the cost of approximately five inmates daily (or 2.5% of the estimated ISP population) being held in county jails.
4. INTENSIVE SANCTIONS PROGRAM MODIFICATIONS
