AB176,39,1817
301.01
(2g) "Private prison" means a private prison operating under a contract
18under s. 301.21 (3).
AB176, s. 92
19Section
92. 301.03 (2r) of the statutes is amended to read:
AB176,39,2120
301.03
(2r) Conduct drug testing of prospective parolees or persons to be placed
21on extended supervision who have undergone treatment while in
state prison.
AB176, s. 93
22Section
93. 301.03 (9) of the statutes is amended to read:
AB176,39,2423
301.03
(9) Supervise all persons placed under s. 48.366 (8) or 938.183 in a
state 24prison.
AB176, s. 94
25Section
94. 301.046 (1) of the statutes is amended to read:
AB176,40,13
1301.046
(1) Institution status. The department shall establish and operate
2a community residential confinement program as a correctional institution under
3the charge of a superintendent. Under the program, the department shall confine
4prisoners in their places of residence or other places designated by the department.
5The secretary may allocate and reallocate existing and future facilities as part of the
6institution. The institution is subject to s. 301.02 and is a state prison
as defined in 7under s. 302.01. Construction or establishment of the institution shall be in
8compliance with all state laws except s. 32.035 and ch. 91. In addition to the
9exemptions under s. 13.48 (13), construction or establishment of facilities for the
10institution are not subject to the ordinances or regulations relating to zoning,
11including zoning under ch. 91, of the county and municipality in which the
12construction or establishment takes place and are exempt from inspections required
13under s. 301.36.
AB176, s. 95
14Section
95. 301.048 (4) (b) of the statutes is amended to read:
AB176,40,2415
301.048
(4) (b) The department shall operate the program as a correctional
16institution. The secretary may allocate and reallocate existing and future facilities
17as part of the institution. The institution is subject to s. 301.02 and is a state prison
18as defined in under s. 302.01. Construction or establishment of the institution shall
19be in compliance with all state laws except s. 32.035 and ch. 91. In addition to the
20exemptions under s. 13.48 (13), construction or establishment of facilities for the
21institution are not subject to the ordinances or regulations relating to zoning,
22including zoning under ch. 91, of the county and municipality in which the
23construction or establishment takes place and are exempt from inspections required
24under s. 301.36.
AB176, s. 96
25Section
96. 301.08 (1) (b) 1. of the statutes is amended to read:
AB176,41,10
1301.08
(1) (b) 1. Contract with public, private or voluntary agencies for the
2purchase of goods, care and services for persons
committed or sentenced to a state
3correctional or penal institution, in the custody of the department or placed on
4probation or lifetime supervision
to the department by a court of record, or released
5from a state correctional or penal institution under s. 939.615. Services shall
6include, but are not limited to, diagnostic services, evaluation, treatment,
7counseling, referral and information, day care, inpatient hospitalization,
8transportation, recreation, special education, vocational training, work adjustment,
9sheltered employment, special living arrangements and legal and protective
10services.
AB176, s. 97
11Section
97. 301.12 (2m) of the statutes is amended to read:
AB176,41,1412
301.12
(2m) The liability specified in sub. (2) shall not apply to persons 17 and
13older receiving care, maintenance, services and supplies provided by
prisons named
14in s. 302.01 a prison.
AB176, s. 98
15Section
98. 301.13 of the statutes is amended to read:
AB176,42,12
16301.13 Minimum security correctional institutions. The department
17may establish and operate minimum security correctional institutions. The
18secretary may allocate and reallocate existing and future facilities as part of these
19institutions. The institutions are subject to s. 301.02 and are state prisons as defined
20in s. 302.01. Inmates
from Wisconsin state sentenced to the Wisconsin state prisons
21may be transferred to these institutions
and they shall be as provided under s.
22302.18. Inmates transferred to the institutions under this section are subject to all
23laws pertaining to inmates of other
penal institutions of the state
prisons under s.
24302.01. Officers and employes of the institutions shall be subject to the same laws
25as pertain to other
penal institutions state prisons under s. 302.01. Inmates shall
1not be received on direct commitment from the courts. In addition to the exemptions
2under s. 13.48 (13), construction or establishment of facilities at institutions which
3are community correctional residential centers initially established prior to July 2,
41983, shall not be subject to the ordinances or regulations relating to zoning,
5including zoning under ch. 91, of the county and municipality in which the
6construction or establishment takes place. The department shall establish a
7procedure for soliciting responses from interested communities and persons
8regarding potential sites for the institutions under this section, except the procedure
9does not apply to the 125-bed community correctional center in the city of Waupun.
10The department shall consider locations proposed under this procedure and may
11consider any other locations on its own initiative. The department need not
12promulgate rules regarding the site consideration procedures under this section.
AB176, s. 99
13Section
99. 301.14 of the statutes is amended to read:
AB176,43,2
14301.14 State-local shared correctional facilities. In cooperation with any
15county or group of counties, the department may contract for the establishment and
16operation of state-local shared correctional facilities under s. 302.45. Except as
17provided in s. 302.45 (4), the secretary may allocate and reallocate existing and
18future facilities as state-local shared correctional facilities. The shared facilities
19shall be are institutions under s. 301.02 and
shall be are state prisons under s.
20302.01. Inmates
from sentenced to the Wisconsin state prisons may be transferred
21to these facilities
and, except as provided under s. 302.18. Except as to any separate
22rules established in the contract governing a shared facility,
shall be inmates
23transferred to shared facilities under this section are subject to all laws pertaining
24to inmates of other
penal institutions of this state
prisons under s. 302.01. Officers
25and employes of the facilities shall be subject to the same laws as pertain to other
1penal institutions state prisons under s. 302.01. Inmates may not be received on
2direct commitment from the courts.
AB176, s. 100
3Section
100. 301.15 of the statutes is amended to read:
AB176,43,12
4301.15 Medium security prison. The department may construct a medium
5security prison to be known as the Fox Lake correctional institution on state-owned
6land known as prison farm 10 in Dodge county. Inmates
from sentenced to the
7Wisconsin state prisons may be transferred to this institution
and they shall be as
8provided under s. 302.18. Inmates transferred to the institution under this section
9are subject to all laws pertaining to inmates of other
penal institutions of this state
10prisons under s. 302.01. Officers and employes of the institutions shall be subject to
11the same laws as pertain to other
penal institutions
state prisons under s. 302.01.
12Inmates shall not be received on direct commitment from the courts.
AB176, s. 101
13Section
101. 301.16 (1r) of the statutes is amended to read:
AB176,43,2114
301.16
(1r) In addition to the institutions under sub. (1), the department shall
15establish a medium security correctional institution for persons 15 years of age or
16over, but not more than 21 years of age, who have been placed in
a state prison
under
17s. 302.01. The medium security correctional institution under this subsection shall
18be known as the Racine Youthful Offender Correctional Facility and shall be located
19at the intersection of Albert Street and North Memorial Drive in the city of Racine.
20The department shall limit the number of prisoners who may be placed at the Racine
21Youthful Offender Correctional Facility to no more than 400 at any one time.
AB176, s. 102
22Section
102. 301.16 (1x) of the statutes is amended to read:
AB176,44,423
301.16
(1x) Inmates
from sentenced to the Wisconsin state prisons may be
24transferred to the institutions under this section
and they shall be. Inmates
25transferred to institutions under this section are subject to all laws pertaining to
1inmates of other
penal institutions of prisons in this state. Officers and employes of
2the institutions shall be subject to the same laws as pertain to other
penal 3correctional institutions. Inmates shall not be received on direct commitment from
4the courts.
AB176, s. 103
5Section
103. 301.21 (title) of the statutes is amended to read:
AB176,44,7
6301.21 (title)
Contracts for the transfer and confinement of Wisconsin
7prisoners in other states.
AB176, s. 104
8Section
104. 301.21 (1m) (title) of the statutes is created to read:
AB176,44,109
301.21
(1m) (title)
Contracts with other states or political subdivisions of
10other states.
AB176, s. 105
11Section
105. 301.21 (1m) (b) of the statutes is amended to read:
AB176,44,1712
301.21
(1m) (b)
Inmates from While in an institution in another state pursuant
13to a contract under this subsection, Wisconsin
state prisons while in an institution
14in another state prisoners are subject to all provisions of law and regulation
15concerning the confinement of persons committed for violations of the laws of that
16state, except as otherwise provided for by any contract entered into under this
17subsection.
AB176, s. 106
18Section
106. 301.21 (2m) (title) of the statutes is created to read:
AB176,44,2019
301.21
(2m) (title)
Contracts with private persons for confinement in
20another state.
AB176, s. 107
21Section
107. 301.21 (3) of the statutes is created to read:
AB176,44,2522
301.21
(3) Contracts with private persons for confinement in this state. (a)
23The department may enter into one or more contracts with a private person for the
24transfer and confinement in this state of prisoners who have been committed to the
25custody of the department.
AB176,45,3
1(b) Prisoners who are confined in a private prison under a contract under this
2subsection are subject to all laws pertaining to inmates of state prisons under s.
3302.01.
AB176,45,54
(c) Subject to par. (b), a contract entered into under par. (a) shall provide for all
5of the following:
AB176,45,66
1. A termination date.
AB176,45,107
2. Provisions concerning the costs of prisoner maintenance, medical and dental
8expenses and any participation in or receipt by prisoners of rehabilitative or
9correctional services, facilities, programs or treatment, including those costs not
10reasonably included as part of normal maintenance.
AB176,45,1411
3. Provisions concerning any participation in programs of prisoner
12employment, if any, the disposition or crediting of any payments received by
13prisoners on account of employment, and the crediting of proceeds from or disposal
14of any products resulting from employment.
AB176,45,1515
4. Delivery and retaking of prisoners.
AB176,45,1816
5. Procedures requiring the private person with which the department is
17contracting to make regular reports concerning prisoners confined under the
18contract.
AB176,45,2019
6. Provisions concerning procedures for probation, parole, extended
20supervision and discharge of prisoners confined under the contract.
AB176,45,2221
7. The same standards of reasonable and humane care as the prisoners would
22receive in a comparable state prison under s. 302.01.
AB176,45,2423
8. The investigation and inspection of the private prison by the department
24under s. 301.36.
AB176,46,3
19. Any other matters as are necessary and appropriate to fix the obligations,
2responsibilities and rights of the department and the private person with which the
3department is contracting.
AB176,46,54
(d) Prisoners may not be received at a private prison covered by a contract
5under this subsection on direct commitment from the courts.
AB176,46,106
(e) The provisions of any contract entered into under this subsection are
7severable. If any provision of such a contract is invalid, or if the application of a
8provision of the contract to any person or circumstance is invalid, the invalidity does
9not affect other provisions or applications which can be given effect without the
10invalid provision or application.
AB176, s. 108
11Section
108. 301.21 (6) (title) of the statutes is created to read:
AB176,46,1212
301.21
(6) (title)
Approval required.
AB176, s. 109
13Section
109. 301.26 (4) (cm) 1. of the statutes is amended to read:
AB176,47,214
301.26
(4) (cm) 1. Notwithstanding pars. (a), (b) and (bm), the department shall
15transfer funds from the appropriation under s. 20.410 (3) (cg) to the appropriations
16under s. 20.410 (3) (hm), (ho) and (hr) for the purpose of reimbursing juvenile
17correctional institutions, secured child caring institutions, as defined in s. 938.02
18(15g), alternate care providers, aftercare supervision providers and corrective
19sanctions supervision providers for costs incurred beginning on July 1, 1996, for the
20care of any juvenile 14 years of age or over who has been placed in a juvenile
21correctional
facility institution based on a delinquent act that is a violation of s.
22939.31, 939.32 (1) (a), 940.03, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4.,
23943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1), 948.025, 948.30 (2),
24948.35 (1) (b) or 948.36 and for the care of any juvenile 10 years of age or over who
25has been placed in a juvenile correctional institution or a secured child caring
1institution for attempting or committing a violation of s. 940.01 or for committing a
2violation of s. 940.02 or 940.05.
AB176, s. 110
3Section
110. 301.26 (4) (cm) 2. of the statutes is amended to read:
AB176,47,124
301.26
(4) (cm) 2. Notwithstanding pars. (a), (b) and (bm), the department shall
5transfer funds from the appropriation under s. 20.410 (3) (cg) to the appropriations
6under s. 20.410 (3) (hm), (ho) and (hr) for the purpose of reimbursing juvenile
7correctional institutions, secured child caring institutions, as defined in s. 938.02
8(15g), alternate care providers, aftercare supervision providers and corrective
9sanctions supervision providers for costs incurred beginning on July 1, 1996, for the
10care of any juvenile 14 years of age or over and under 18 years of age who has been
11placed in a juvenile correctional
facility institution under s. 48.366 based on a
12delinquent act that is a violation of s. 940.01, 940.02, 940.05 or 940.225 (1).
AB176, s. 111
13Section
111. 301.28 (1) of the statutes is amended to read:
AB176,47,1614
301.28
(1) In this section, "correctional officer" means any person classified as
15a correctional officer employed by the state whose principal duty is the supervision
16of inmates at a
state prison
, as defined in under s. 302.01.
AB176, s. 112
17Section
112. 301.29 (2) of the statutes is amended to read:
AB176,47,2418
301.29
(2) The
superintendents of all the superintendent of a state correctional
19institutions, institution or a private prison and
the employes under them any
20employe of the institution or prison to whom
they delegate the superintendent
21delegates police power
, may arrest any person within or upon the grounds of the
22institutions whom
they have the superintendent or employe has reason to believe
is 23guilty of any offense against the laws or regulations governing the institutions; and
24for that purpose they shall possess the powers of constables.
AB176, s. 113
25Section
113. 301.29 (3) of the statutes is amended to read:
AB176,48,9
1301.29
(3) The department shall investigate complaints against any
2institution under its jurisdiction
, including a private prison, or against the officers
3or employes of the institutions. For that purpose, the secretary and such officers and
4employes as the secretary authorizes may summon and swear witnesses, take
5testimony and compel the production of books and papers. On its own initiative, the
6department may investigate the affairs of any institution. Any written
7communication or complaint addressed to the secretary by any inmate, employe or
8subordinate of an institution shall be immediately forwarded unopened to the
9addressee.
AB176, s. 114
10Section
114. 301.32 (1) of the statutes is amended to read:
AB176,49,511
301.32
(1) Property delivered to
warden or superintendent; credit and debit. 12All money and other property delivered to an employe of any state correctional
13institution
or private prison for the benefit of a prisoner or resident shall be delivered
14to the warden or superintendent, who shall enter the property upon his or her
15accounts to the credit of the prisoner or resident. The property may be used only
16under the direction and with the approval of the superintendent or warden and for
17the crime victim and witness assistance surcharge under s. 973.045 (4), the
18delinquency victim and witness assistance surcharge under s. 938.34 (8d) (c), the
19deoxyribonucleic acid analysis surcharge under s. 973.046 or the benefit of the
20prisoner or resident. If the money remains uncalled for for one year after the
21prisoner's or resident's death or departure from the state correctional institution
or
22private prison, the superintendent shall deposit it in the general fund. If any
23prisoner or resident leaves property, other than money, uncalled for at a state
24correctional institution
or private prison for one year, the superintendent shall sell
25the property and
remit the proceeds to the department for deposit
the proceeds in the
1general fund, donate the property to a public agency or private, nonprofit
2organization or destroy the property. If any person satisfies the department, within
35 years after the deposit, of his or her right to the deposit, the department shall direct
4the department of administration to draw its warrant in favor of the claimant and
5it shall charge the same to the appropriation made by s. 20.913 (3) (bm).
AB176, s. 115
6Section
115. 301.33 (1) of the statutes is amended to read:
AB176,49,107
301.33
(1) Subject to reasonable exercise of the privilege, members of the clergy
8of all religious faiths shall have an opportunity, at least once each week, to conduct
9religious services within the state correctional institutions
and within a private
10prison. Attendance at the services is voluntary.
AB176, s. 116
11Section
116. 301.36 (1) of the statutes is amended to read:
AB176,49,1612
301.36
(1) General authority. The department shall investigate and
13supervise all of the state correctional institutions and all secure detention facilities
14and
shall investigate all private prisons. The department shall familiarize itself
15with all of the circumstances affecting
their the management and usefulness
of the
16institutions, facilities and private prisons it investigates under this subsection.
AB176, s. 117
17Section
117. 301.36 (2) (title) of the statutes is amended to read:
AB176,49,1818
301.36
(2) (title)
Prisons and other correctional institutions.
AB176, s. 118
19Section
118. 301.38 (2) (intro.) of the statutes is amended to read:
AB176,49,2320
301.38
(2) (intro.) If a prisoner escapes from a Type 1 prison
or a private prison,
21the department shall make a reasonable attempt to notify all of the following
22persons, if they can be found, in accordance with sub. (3) and after receiving a
23completed card under sub. (4):
AB176, s. 119
24Section
119. 302.01 of the statutes is amended to read:
AB176,50,21
1302.01 State prisons named and
defined listed. The
penitentiary 2institution at Waupun is named "Waupun Correctional Institution". The
3correctional treatment center at Waupun is named "Dodge Correctional Institution".
4The
penitentiary institution at Green Bay is named "Green Bay Correctional
5Institution". The medium/maximum
penitentiary institution at Portage is named
6"Columbia Correctional Institution". The medium security institution at Oshkosh
7is named "Oshkosh Correctional Institution". The medium security
penitentiary 8institution near Fox Lake is named "Fox Lake Correctional Institution". The
9penitentiary institution at Taycheedah is named "Taycheedah Correctional
10Institution". The medium security
penitentiary institution at Plymouth is named
11"Kettle Moraine Correctional Institution". The
penitentiary institution at the
12village of Sturtevant in Racine county is named "Racine Correctional Institution".
13The medium security
penitentiary institution at Racine is named "Racine Youthful
14Offender Correctional Facility". The resource facility at Oshkosh is named
15"Wisconsin Resource Center". The institutions named in this section, the
16correctional institution authorized under s. 301.16 (1n), correctional institution
17authorized under
1997 Wisconsin Act 4, section
4 (1) (a), correctional institution
18authorized under s. 301.046 (1), correctional institution authorized under s. 301.048
19(4) (b), minimum security correctional institutions authorized under s. 301.13, and
20state-local shared correctional facilities when established under s. 301.14, are state
21prisons.
AB176, s. 120
22Section
120. 302.02 (title) of the statutes is amended to read:
AB176,50,24
23302.02 (title)
Jurisdiction and extent of state correctional institutions
24and private prisons; service of process therein.
AB176, s. 121
25Section
121. 302.02 (3t) of the statutes is amended to read:
AB176,51,6
1302.02
(3t) Institutions located in other states; private prisons. For all
2purposes of discipline and for judicial proceedings, each institution that is
located in
3another state and authorized for use under s. 301.21 and the precincts of the
4institution shall be deemed to be in a county in which the institution is physically
5located, and the courts of that county shall have jurisdiction of any activity, wherever
6located, conducted by the institution.
AB176, s. 122
7Section
122. 302.02 (5) (a) of the statutes is amended to read:
AB176,51,98
302.02
(5) (a) Service of process may be made on the warden or superintendent
9of
any a prison
named in s. 302.01 as upon any other resident of this state.
AB176, s. 123
10Section
123. 302.02 (5) (b) of the statutes is amended to read:
AB176,51,1411
302.02
(5) (b) Except as provided in par. (a), service of process within
any such 12a prison on any officer or employe or inmate thereof shall be made by the warden or
13superintendent or some person appointed by the warden or superintendent to serve
14process.
AB176, s. 124
15Section
124. 302.04 (title) of the statutes is amended to read:
AB176,51,16
16302.04 (title)
Duties of warden and superintendents of state prisons.
AB176, s. 125
17Section
125. 302.05 (1) (intro.) of the statutes is amended to read:
AB176,51,2518
302.05
(1) (intro.) The department of corrections and the department of health
19and family services may designate a section of a mental health institute as a
20correctional treatment facility for the treatment of substance abuse of inmates
21transferred from
Wisconsin state prisons a prison. This section shall be
22administered by the department of corrections and shall be known as the Wisconsin
23substance abuse program. The department of corrections and the department of
24health and family services shall ensure that the residents at the institution and the
25residents in the substance abuse program:
AB176, s. 126
1Section
126. 302.06 of the statutes is amended to read:
AB176,52,12
2302.06 Delivery of persons to prisons. The sheriff shall deliver to the
3reception center designated by the department every person convicted in the county
4and sentenced to the Wisconsin state prisons or to the intensive sanctions program
5as soon as may be after sentence, together with a copy of the judgment of conviction.
6The warden or superintendent shall deliver to the sheriff a receipt acknowledging
7receipt of the person, naming the person, which receipt the sheriff shall file in the
8office of the clerk who issued the copy of the judgment of conviction. When
9transporting or delivering the person to any
of the Wisconsin state prisons prison
10located in this state, the sheriff shall be accompanied by an adult of the same sex as
11the person. If the sheriff and the person are of the same sex, this requirement is
12satisfied and a 3rd person is not required.
AB176, s. 127
13Section
127. 302.07 of the statutes is amended to read:
AB176,52,20
14302.07 Maintenance of order. The warden or superintendent
of a prison 15shall maintain order, enforce obedience, suppress riots and prevent escapes. For
16such purposes the warden or superintendent may command the aid of the officers of
17the institution and of persons outside of the prison; and any person who fails to obey
18such command shall be punished by imprisonment in the county jail not more than
19one year or by a fine not exceeding $500. The warden or superintendent may adopt
20proper means to capture escaped inmates.
AB176, s. 128
21Section
128. 302.08 of the statutes is amended to read:
AB176,52,25
22302.08 Humane treatment and punishment. The
wardens and the
23superintendents warden, superintendent and all
prison officials
and employes of a
24prison shall uniformly treat the inmates with kindness. There shall be no corporal
25or other painful and unusual punishment inflicted upon inmates.
AB176, s. 129
1Section
129. 302.095 (2) of the statutes is amended to read: