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:
AB176,53,122
302.095
(2) Any officer or other person who delivers or procures to be delivered
3or has in his or her possession with intent to deliver to any inmate confined in a jail
4or
state prison, or who deposits or conceals in or about a jail or prison, or the precincts
5of a jail or prison, or in any vehicle going into the premises belonging to a jail or
6prison, any article or thing whatever, with intent that any inmate confined in the jail
7or prison shall obtain or receive the same, or who receives from any inmate any
8article or thing whatever with intent to convey the same out of a jail or prison,
9contrary to the rules or regulations and without the knowledge or permission of the
10sheriff or other keeper of the jail, in the case of a jail, or of the warden or
11superintendent of the prison, in the case of a prison, shall be imprisoned for not more
12than 2 years or fined not more than $500.
AB176,53,2515
302.095
(2) Any officer or other person who delivers or procures to be delivered
16or has in his or her possession with intent to deliver to any inmate confined in a jail
17or prison, or who deposits or conceals in or about a jail or prison, or the precincts of
18a jail or prison, or in any vehicle going into the premises belonging to a jail or prison,
19any article or thing whatever, with intent that any inmate confined in the jail or
20prison shall obtain or receive the same, or who receives from any inmate any article
21or thing whatever with intent to convey the same out of a jail or prison, contrary to
22the rules or regulations and without the knowledge or permission of the sheriff or
23other keeper of the jail, in the case of a jail, or of the warden or superintendent of the
24prison, in the case of a prison, shall be imprisoned for not more than 3 years or fined
25not more than $500.
AB176, s. 131
1Section
131. 302.13 of the statutes is amended to read:
AB176,54,7
2302.13 Preservation of property an inmate brings to prison. The
3department shall preserve money and effects, except clothes, in the possession of an
4inmate when admitted to the
prison Wisconsin state prisons and, subject to the crime
5victim and witness assistance surcharge under s. 973.045 (4) and the
6deoxyribonucleic acid analysis surcharge under s. 973.046, shall restore the money
7and effects to the inmate when discharged.
AB176, s. 132
8Section
132. 302.15 of the statutes is amended to read:
AB176,54,16
9302.15 Activities off grounds. The wardens and superintendents of the state
10prisons,
and all wardens and superintendents of county prisons, jails, camps and
11houses of correction enumerated in ch. 303
, and the warden or superintendent of a
12private prison may take inmates away from the institution grounds for rehabilitative
13and educational activities approved by the department and under such supervision
14as the superintendent or warden deems necessary. While away from the institution
15grounds an inmate is deemed to be under the care and control of the institution in
16which he or she is an inmate and subject to its rules and discipline.
AB176, s. 133
17Section
133. 302.17 (1) of the statutes is amended to read:
AB176,54,2218
302.17
(1) When
any inmate is received into any state penal institution the
19department receives a prisoner committed to its custody, the department shall
20register the date of admission, the name, age, nativity and nationality and such other
21facts as may be obtained as to parentage, education and previous history and
22environments of such inmate.
AB176, s. 134
23Section
134. 302.18 (2) of the statutes is amended to read:
AB176,55,224
302.18
(2) Inmates of a county house of correction may be transferred to a
state 25prison. If any county discontinues its house of correction, inmates at the time of the
1discontinuance may be transferred to
the state
a prison or to the county jail of the
2county as the commitment indicates.
AB176, s. 135
3Section
135. 302.18 (4) of the statutes is amended to read:
AB176,55,64
302.18
(4) With each person transferred to a
state prison from another
5institution, the warden or superintendent of such other institution shall transmit
6the original commitment and the institutional record pertaining to such person.
AB176, s. 136
7Section
136. 302.18 (5) of the statutes is amended to read:
AB176,55,118
302.18
(5) Any person who is legally transferred by the department to a
penal 9correctional institution shall be subject to the same statutes, regulations and
10discipline as if the person had been originally sentenced to that institution, but the
11transfer shall not change the term of sentence.
AB176, s. 137
12Section
137. 302.255 of the statutes is amended to read:
AB176,55,16
13302.255 Interstate corrections compact; additional applicability. 14"Inmate", as defined under s. 302.25 (2) (a), includes persons subject to an order
15under s. 48.366 who are confined to a
state prison
under s. 302.01 and persons subject
16to an order under s. 938.34 (4h) who are 17 years of age or older.
AB176, s. 138
17Section
138. 302.26 of the statutes is amended to read:
AB176,55,25
18302.26 Corrections compact; contracts with other states; approval. 19The secretary is responsible for performing all functions necessary or incidental to
20carrying out the requirements of the interstate corrections compact under s. 302.25.
21The secretary may delegate and redelegate any of the functions as provided in s.
2215.02 (4). If a contract under s. 301.21 or 302.25 involves the transfer of more than
2310 prisoners in any fiscal year to any one state
or to
, any one political subdivision of
24another state
or any one private prison, the contract may be entered into only if it
25is approved by the legislature by law or by the joint committee on finance.
AB176, s. 139
1Section
139. 302.27 of the statutes is amended to read: