AB176: Bill Text

AB176,44,7 301.21 (title) Contracts for the transfer and confinement of Wisconsin prisoners in other states.

AB176, s. 104 Section 104. 301.21 (1m) (title) of the statutes is created to read:

AB176,44,10 301.21 (1m) (title) Contracts with other states or political subdivisions of other states.

AB176, s. 105 Section 105. 301.21 (1m) (b) of the statutes is amended to read:

AB176,44,17 301.21 (1m) (b) Inmates from While in an institution in another state pursuant to a contract under this subsection, Wisconsin state prisons while in an institution in another state prisoners are subject to all provisions of law and regulation concerning the confinement of persons committed for violations of the laws of that state, except as otherwise provided for by any contract entered into under this subsection.

AB176, s. 106 Section 106. 301.21 (2m) (title) of the statutes is created to read:

AB176,44,20 301.21 (2m) (title) Contracts with private persons for confinement in another state.

AB176, s. 107 Section 107. 301.21 (3) of the statutes is created to read:

AB176,44,25 301.21 (3) Contracts with private persons for confinement in this state. (a) The department may enter into one or more contracts with a private person for the transfer and confinement in this state of prisoners who have been committed to the custody of the department.

AB176,45,3 (b) Prisoners who are confined in a private prison under a contract under this subsection are subject to all laws pertaining to inmates of state prisons under s. 302.01.

AB176,45,5 (c) Subject to par. (b), a contract entered into under par. (a) shall provide for all of the following:

AB176,45,6 1. A termination date.

AB176,45,10 2. Provisions concerning the costs of prisoner maintenance, medical and dental expenses and any participation in or receipt by prisoners of rehabilitative or correctional services, facilities, programs or treatment, including those costs not reasonably included as part of normal maintenance.

AB176,45,14 3. Provisions concerning any participation in programs of prisoner employment, if any, the disposition or crediting of any payments received by prisoners on account of employment, and the crediting of proceeds from or disposal of any products resulting from employment.

AB176,45,15 4. Delivery and retaking of prisoners.

AB176,45,18 5. Procedures requiring the private person with which the department is contracting to make regular reports concerning prisoners confined under the contract.

AB176,45,20 6. Provisions concerning procedures for probation, parole, extended supervision and discharge of prisoners confined under the contract.

AB176,45,22 7. The same standards of reasonable and humane care as the prisoners would receive in a comparable state prison under s. 302.01.

AB176,45,24 8. The investigation and inspection of the private prison by the department under s. 301.36.

AB176,46,3 9. Any other matters as are necessary and appropriate to fix the obligations, responsibilities and rights of the department and the private person with which the department is contracting.

AB176,46,5 (d) Prisoners may not be received at a private prison covered by a contract under this subsection on direct commitment from the courts.

AB176,46,10 (e) The provisions of any contract entered into under this subsection are severable. If any provision of such a contract 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.

AB176, s. 108 Section 108. 301.21 (6) (title) of the statutes is created to read:

AB176,46,12 301.21 (6) (title) Approval required.

AB176, s. 109 Section 109. 301.26 (4) (cm) 1. of the statutes is amended to read:

AB176,47,2 301.26 (4) (cm) 1. Notwithstanding pars. (a), (b) and (bm), the department shall transfer funds from the appropriation under s. 20.410 (3) (cg) to the appropriations under s. 20.410 (3) (hm), (ho) and (hr) for the purpose of reimbursing juvenile correctional institutions, secured child caring institutions, as defined in s. 938.02 (15g), alternate care providers, aftercare supervision providers and corrective sanctions supervision providers for costs incurred beginning on July 1, 1996, for the care of any juvenile 14 years of age or over who has been placed in a juvenile correctional facility institution based on a delinquent act that is a violation of s. 939.31, 939.32 (1) (a), 940.03, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1), 948.025, 948.30 (2), 948.35 (1) (b) or 948.36 and for the care of any juvenile 10 years of age or over who has been placed in a juvenile correctional institution or a secured child caring institution for attempting or committing a violation of s. 940.01 or for committing a violation of s. 940.02 or 940.05.

AB176, s. 110 Section 110. 301.26 (4) (cm) 2. of the statutes is amended to read:

AB176,47,12 301.26 (4) (cm) 2. Notwithstanding pars. (a), (b) and (bm), the department shall transfer funds from the appropriation under s. 20.410 (3) (cg) to the appropriations under s. 20.410 (3) (hm), (ho) and (hr) for the purpose of reimbursing juvenile correctional institutions, secured child caring institutions, as defined in s. 938.02 (15g), alternate care providers, aftercare supervision providers and corrective sanctions supervision providers for costs incurred beginning on July 1, 1996, for the care of any juvenile 14 years of age or over and under 18 years of age who has been placed in a juvenile correctional facility institution under s. 48.366 based on a delinquent act that is a violation of s. 940.01, 940.02, 940.05 or 940.225 (1).

AB176, s. 111 Section 111. 301.28 (1) of the statutes is amended to read:

AB176,47,16 301.28 (1) In this section, "correctional officer" means any person classified as a correctional officer employed by the state whose principal duty is the supervision of inmates at a state prison, as defined in under s. 302.01.

AB176, s. 112 Section 112. 301.29 (2) of the statutes is amended to read:

AB176,47,24 301.29 (2) The superintendents of all the superintendent of a state correctional institutions, institution or a private prison and the employes under them any employe of the institution or prison to whom they delegate the superintendent delegates police power, may arrest any person within or upon the grounds of the institutions whom they have the superintendent or employe has reason to believe is guilty of any offense against the laws or regulations governing the institutions; and for that purpose they shall possess the powers of constables.

AB176, s. 113 Section 113. 301.29 (3) of the statutes is amended to read:

AB176,48,9 301.29 (3) The department shall investigate complaints against any institution under its jurisdiction, including a private prison, or against the officers or employes of the institutions. For that purpose, the secretary and such officers and employes as the secretary authorizes may summon and swear witnesses, take testimony and compel the production of books and papers. On its own initiative, the department may investigate the affairs of any institution. Any written communication or complaint addressed to the secretary by any inmate, employe or subordinate of an institution shall be immediately forwarded unopened to the addressee.

AB176, s. 114 Section 114. 301.32 (1) of the statutes is amended to read:

AB176,49,5 301.32 (1) Property delivered to warden or superintendent; credit and debit. All money and other property delivered to an employe of any state correctional institution or private prison for the benefit of a prisoner or resident shall be delivered to the warden or superintendent, who shall enter the property upon his or her accounts to the credit of the prisoner or resident. The property may be used only under the direction and with the approval of the superintendent or warden and for the crime victim and witness assistance surcharge under s. 973.045 (4), the delinquency victim and witness assistance surcharge under s. 938.34 (8d) (c), the deoxyribonucleic acid analysis surcharge under s. 973.046 or the benefit of the prisoner or resident. If the money remains uncalled for for one year after the prisoner's or resident's death or departure from the state correctional institution or private prison, the superintendent shall deposit it in the general fund. If any prisoner or resident leaves property, other than money, uncalled for at a state correctional institution or private prison for one year, the superintendent shall sell the property and remit the proceeds to the department for deposit the proceeds in the general fund, donate the property to a public agency or private, nonprofit organization or destroy the property. If any person satisfies the department, within 5 years after the deposit, of his or her right to the deposit, the department shall direct the department of administration to draw its warrant in favor of the claimant and it shall charge the same to the appropriation made by s. 20.913 (3) (bm).

AB176, s. 115 Section 115. 301.33 (1) of the statutes is amended to read:

AB176,49,10 301.33 (1) Subject to reasonable exercise of the privilege, members of the clergy of all religious faiths shall have an opportunity, at least once each week, to conduct religious services within the state correctional institutions and within a private prison. Attendance at the services is voluntary.

AB176, s. 116 Section 116. 301.36 (1) of the statutes is amended to read:

AB176,49,16 301.36 (1) General authority. The department shall investigate and supervise all of the state correctional institutions and all secure detention facilities and shall investigate all private prisons. The department shall familiarize itself with all of the circumstances affecting their the management and usefulness of the institutions, facilities and private prisons it investigates under this subsection.

AB176, s. 117 Section 117. 301.36 (2) (title) of the statutes is amended to read:

AB176,49,18 301.36 (2) (title) Prisons and other correctional institutions.

AB176, s. 118 Section 118. 301.38 (2) (intro.) of the statutes is amended to read:

AB176,49,23 301.38 (2) (intro.) If a prisoner escapes from a Type 1 prison or a private prison, the department shall make a reasonable attempt to notify all of the following persons, if they can be found, in accordance with sub. (3) and after receiving a completed card under sub. (4):

AB176, s. 119 Section 119. 302.01 of the statutes is amended to read:

AB176,50,21 302.01 State prisons named and defined listed. The penitentiary institution at Waupun is named "Waupun Correctional Institution". The correctional treatment center at Waupun is named "Dodge Correctional Institution". The penitentiary institution at Green Bay is named "Green Bay Correctional Institution". The medium/maximum penitentiary institution at Portage is named "Columbia Correctional Institution". The medium security institution at Oshkosh is named "Oshkosh Correctional Institution". The medium security penitentiary institution near Fox Lake is named "Fox Lake Correctional Institution". The penitentiary institution at Taycheedah is named "Taycheedah Correctional Institution". The medium security penitentiary institution at Plymouth is named "Kettle Moraine Correctional Institution". The penitentiary institution at the village of Sturtevant in Racine county is named "Racine Correctional Institution". The medium security penitentiary institution at Racine is named "Racine Youthful Offender Correctional Facility". The resource facility at Oshkosh is named "Wisconsin Resource Center". The institutions named in this section, the correctional institution authorized under s. 301.16 (1n), correctional institution authorized under 1997 Wisconsin Act 4, section 4 (1) (a), correctional institution authorized under s. 301.046 (1), correctional institution authorized under s. 301.048 (4) (b), minimum security correctional institutions authorized under s. 301.13, and state-local shared correctional facilities when established under s. 301.14, are state prisons.

AB176, s. 120 Section 120. 302.02 (title) of the statutes is amended to read:

AB176,50,24 302.02 (title) Jurisdiction and extent of state correctional institutions and private prisons; service of process therein.

AB176, s. 121 Section 121. 302.02 (3t) of the statutes is amended to read:

AB176,51,6 302.02 (3t) Institutions located in other states; private prisons. For all purposes of discipline and for judicial proceedings, each institution that is located in another state and authorized for use under s. 301.21 and the precincts of the institution shall be deemed to be in a county in which the institution is physically located, and the courts of that county shall have jurisdiction of any activity, wherever located, conducted by the institution.

AB176, s. 122 Section 122. 302.02 (5) (a) of the statutes is amended to read:

AB176,51,9 302.02 (5) (a) Service of process may be made on the warden or superintendent of any a prison named in s. 302.01 as upon any other resident of this state.

AB176, s. 123 Section 123. 302.02 (5) (b) of the statutes is amended to read:

AB176,51,14 302.02 (5) (b) Except as provided in par. (a), service of process within any such a prison on any officer or employe or inmate thereof shall be made by the warden or superintendent or some person appointed by the warden or superintendent to serve process.

AB176, s. 124 Section 124. 302.04 (title) of the statutes is amended to read:

AB176,51,16 302.04 (title) Duties of warden and superintendents of state prisons.

AB176, s. 125 Section 125. 302.05 (1) (intro.) of the statutes is amended to read:

AB176,51,25 302.05 (1) (intro.) The department of corrections and the department of health and family services may designate a section of a mental health institute as a correctional treatment facility for the treatment of substance abuse of inmates transferred from Wisconsin state prisons a prison. This section shall be administered by the department of corrections and shall be known as the Wisconsin substance abuse program. The department of corrections and the department of health and family services shall ensure that the residents at the institution and the residents in the substance abuse program:

AB176, s. 126 Section 126. 302.06 of the statutes is amended to read:

AB176,52,12 302.06 Delivery of persons to prisons. The sheriff shall deliver to the reception center designated by the department every person convicted in the county and sentenced to the Wisconsin state prisons or to the intensive sanctions program as soon as may be after sentence, together with a copy of the judgment of conviction. The warden or superintendent shall deliver to the sheriff a receipt acknowledging receipt of the person, naming the person, which receipt the sheriff shall file in the office of the clerk who issued the copy of the judgment of conviction. When transporting or delivering the person to any of the Wisconsin state prisons prison located in this state, the sheriff shall be accompanied by an adult of the same sex as the person. If the sheriff and the person are of the same sex, this requirement is satisfied and a 3rd person is not required.

AB176, s. 127 Section 127. 302.07 of the statutes is amended to read:

AB176,52,20 302.07 Maintenance of order. The warden or superintendent of a prison shall maintain order, enforce obedience, suppress riots and prevent escapes. For such purposes the warden or superintendent may command the aid of the officers of the institution and of persons outside of the prison; and any person who fails to obey such command shall be punished by imprisonment in the county jail not more than one year or by a fine not exceeding $500. The warden or superintendent may adopt proper means to capture escaped inmates.

AB176, s. 128 Section 128. 302.08 of the statutes is amended to read:

AB176,52,25 302.08 Humane treatment and punishment. The wardens and the superintendents warden, superintendent and all prison officials and employes of a prison shall uniformly treat the inmates with kindness. There shall be no corporal or other painful and unusual punishment inflicted upon inmates.

AB176, s. 129 Section 129. 302.095 (2) of the statutes is amended to read:

AB176,53,12 302.095 (2) Any officer or other person who delivers or procures to be delivered or has in his or her possession with intent to deliver to any inmate confined in a jail or state prison, or who deposits or conceals in or about a jail or prison, or the precincts of a jail or prison, or in any vehicle going into the premises belonging to a jail or prison, any article or thing whatever, with intent that any inmate confined in the jail or prison shall obtain or receive the same, or who receives from any inmate any article or thing whatever with intent to convey the same out of a jail or prison, contrary to the rules or regulations and without the knowledge or permission of the sheriff or other keeper of the jail, in the case of a jail, or of the warden or superintendent of the prison, in the case of a prison, shall be imprisoned for not more than 2 years or fined not more than $500.

AB176, s. 130 Section 130. 302.095 (2) of the statutes, as affected by 1997 Wisconsin Acts 283 and 1999 Wisconsin Act .... (this act), is repealed and recreated to read:

AB176,53,25 302.095 (2) Any officer or other person who delivers or procures to be delivered or has in his or her possession with intent to deliver to any inmate confined in a jail or prison, or who deposits or conceals in or about a jail or prison, or the precincts of a jail or prison, or in any vehicle going into the premises belonging to a jail or prison, any article or thing whatever, with intent that any inmate confined in the jail or prison shall obtain or receive the same, or who receives from any inmate any article or thing whatever with intent to convey the same out of a jail or prison, contrary to the rules or regulations and without the knowledge or permission of the sheriff or other keeper of the jail, in the case of a jail, or of the warden or superintendent of the prison, in the case of a prison, shall be imprisoned for not more than 3 years or fined not more than $500.

AB176, s. 131 Section 131. 302.13 of the statutes is amended to read:

AB176,54,7 302.13 Preservation of property an inmate brings to prison. The department shall preserve money and effects, except clothes, in the possession of an inmate when admitted to the prison Wisconsin state prisons and, subject to the crime victim and witness assistance surcharge under s. 973.045 (4) and the deoxyribonucleic acid analysis surcharge under s. 973.046, shall restore the money and effects to the inmate when discharged.

AB176, s. 132 Section 132. 302.15 of the statutes is amended to read:

AB176,54,16 302.15 Activities off grounds. The wardens and superintendents of the state prisons, and all wardens and superintendents of county prisons, jails, camps and houses of correction enumerated in ch. 303, and the warden or superintendent of a private prison may take inmates away from the institution grounds for rehabilitative and educational activities approved by the department and under such supervision as the superintendent or warden deems necessary. While away from the institution grounds an inmate is deemed to be under the care and control of the institution in which he or she is an inmate and subject to its rules and discipline.

AB176, s. 133 Section 133. 302.17 (1) of the statutes is amended to read:

AB176,54,22 302.17 (1) When any inmate is received into any state penal institution the department receives a prisoner committed to its custody, the department shall register the date of admission, the name, age, nativity and nationality and such other facts as may be obtained as to parentage, education and previous history and environments of such inmate.

AB176, s. 134 Section 134. 302.18 (2) of the statutes is amended to read:

AB176,55,2 302.18 (2) Inmates of a county house of correction may be transferred to a state prison. If any county discontinues its house of correction, inmates at the time of the discontinuance may be transferred to the state a prison or to the county jail of the county as the commitment indicates.

AB176, s. 135 Section 135. 302.18 (4) of the statutes is amended to read:

AB176,55,6 302.18 (4) With each person transferred to a state prison from another institution, the warden or superintendent of such other institution shall transmit the original commitment and the institutional record pertaining to such person.

AB176, s. 136 Section 136. 302.18 (5) of the statutes is amended to read:

AB176,55,11 302.18 (5) Any person who is legally transferred by the department to a penal correctional institution shall be subject to the same statutes, regulations and discipline as if the person had been originally sentenced to that institution, but the transfer shall not change the term of sentence.

AB176, s. 137 Section 137. 302.255 of the statutes is amended to read:

AB176,55,16 302.255 Interstate corrections compact; additional applicability. "Inmate", as defined under s. 302.25 (2) (a), includes persons subject to an order under s. 48.366 who are confined to a state prison under s. 302.01 and persons subject to an order under s. 938.34 (4h) who are 17 years of age or older.

AB176, s. 138 Section 138. 302.26 of the statutes is amended to read:

AB176,55,25 302.26 Corrections compact; contracts with other states; approval. The secretary is responsible for performing all functions necessary or incidental to carrying out the requirements of the interstate corrections compact under s. 302.25. The secretary may delegate and redelegate any of the functions as provided in s. 15.02 (4). If a contract under s. 301.21 or 302.25 involves the transfer of more than 10 prisoners in any fiscal year to any one state or to , any one political subdivision of another state or any one private prison, the contract may be entered into only if it is approved by the legislature by law or by the joint committee on finance.

AB176, s. 139 Section 139. 302.27 of the statutes is amended to read:

AB176,56,8 302.27 Contracts for temporary housing for or detention of prisoners. The department may contract with local governments for temporary housing or detention in county jails or county houses of correction for persons sentenced to imprisonment in the Wisconsin state prisons or to the intensive sanctions program. The rate under any such contract may not exceed $60 per person per day. Nothing in this section limits the authority of the department to place persons in jails under s. 301.048 (3) (a) 1.

AB176, s. 140 Section 140. 302.28 of the statutes is created to read:

AB176,56,12 302.28 Private prisons; limitation. A private person operating a private prison in this state may confine in that prison only prisoners transferred to the prison pursuant to a contract under s. 301.21 (3).

AB176, s. 141 Section 141. 302.31 of the statutes is amended to read: