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:
AB176,56,8
2302.27 Contracts for temporary housing for or detention of prisoners. 3The department may contract with local governments for temporary housing or
4detention in county jails or county houses of correction for persons sentenced to
5imprisonment in
the Wisconsin state prisons or to the intensive sanctions program.
6The rate under any such contract may not exceed $60 per person per day. Nothing
7in this section limits the authority of the department to place persons in jails under
8s. 301.048 (3) (a) 1.
AB176, s. 140
9Section
140. 302.28 of the statutes is created to read:
AB176,56,12
10302.28 Private prisons; limitation. A private person operating a private
11prison in this state may confine in that prison only prisoners transferred to the prison
12pursuant to a contract under s. 301.21 (3).
AB176, s. 141
13Section
141. 302.31 of the statutes is amended to read:
AB176,57,2
14302.31 Use of jails. The county jail may be used for the detention of persons
15charged with crime and committed for trial; for the detention of persons committed
16to secure their attendance as witnesses; to imprison persons committed pursuant to
17a sentence or held in custody by the sheriff for any cause authorized by law; for the
18detention of persons sentenced to imprisonment in
the Wisconsin state
penal
19institutions prisons or a county house of correction, until they are removed to those
20institutions; for the detention of persons participating in the intensive sanctions
21program; for the temporary detention of persons in the custody of the department;
22and for other detentions authorized by law. The county jail may be used for the
23temporary placement of persons in the custody of the department, other than persons
24under 17 years of age, and persons who have attained the age of 17 years but have
25not attained the age of 25 years who are under the supervision of the department
1under s. 48.366 or 938.355 (4) and who have been taken into custody pending
2revocation of aftercare supervision under s. 48.366 (5) or 938.357 (5) (e).
AB176, s. 142
3Section
142. 302.33 (1) of the statutes is amended to read:
AB176,57,114
302.33
(1) The maintenance of persons who have been sentenced to the
5Wisconsin state
penal institutions
prisons; persons in the custody of the department,
6except as provided in sub. (2) and s. 301.048 (7); persons accused of crime and
7committed for trial; persons committed for the nonpayment of fines and expenses;
8and persons sentenced to imprisonment therein, while in the county jail, shall be
9paid out of the county treasury. No claim may be allowed to any sheriff for keeping
10or boarding any person in the county jail unless the person was lawfully detained
11therein.
AB176, s. 143
12Section
143. 302.385 of the statutes is amended to read:
AB176,57,17
13302.385 Correctional institution health care. The standards for delivery
14of health services in state correctional institutions governed under s. 301.02
and
15private prisons shall be based on the standards of any professional organization that
16establishes standards for health services in prisons and that is recognized by the
17department.
AB176, s. 144
18Section
144. 302.386 (1) of the statutes is amended to read:
AB176,58,319
302.386
(1) Except as provided in sub. (5), liability for medical and dental
20services furnished to residents housed in
prisons identified in s. 302.01 a prison or
21in a secured correctional facility as defined in s. 938.02 (15m), or in a secured child
22caring institution, as defined in s. 938.02 (15g), or to forensic patients in state
23institutions for those services which are not provided by employes of the department
24shall be limited to the amounts payable under ss. 49.43 to 49.47, except s. 49.468, for
25similar services. The department may waive any such limit if it determines that
1needed services cannot be obtained for the applicable amount. No provider of
2services may bill the resident or patient for the cost of services exceeding the amount
3of the liability under this subsection.
AB176, s. 145
4Section
145. 302.386 (2) (intro.) of the statutes is amended to read:
AB176,58,95
302.386
(2) (intro.) The liability of the state for medical and dental services
6under sub. (1) does not extend to that part of the medical or dental services of a
7resident housed in a prison
identified in s. 302.01, a secured correctional facility as
8defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02
9(15g), for which any of the following applies:
AB176, s. 146
10Section
146. 302.386 (3) (a) of the statutes is amended to read:
AB176,58,1611
302.386
(3) (a) Except as provided in par. (b), the department may require a
12resident housed in a prison
identified in s. 302.01 or in a secured correctional facility
13as defined in s. 938.02 (15m) who earns wages during residency and who receives
14medical or dental services to pay a deductible, coinsurance, copayment or similar
15charge upon the medical or dental service that he or she receives. The department
16shall collect the allowable deductible, coinsurance, copayment or similar charge.
AB176, s. 147
17Section
147. 302.45 (1) of the statutes is amended to read:
AB176,59,218
302.45
(1) The department and any county or group of counties may contract
19for the cooperative establishment and use of state-local shared correctional
20facilities. Inmates sentenced to the Wisconsin state prisons, a county jail, a county
21reforestation camp or a county house of correction may be transferred to a shared
22facility by the department, sheriff or superintendent, respectively, under the
23agreement covering use of the facility. Any inmate confined in a state-local shared
24correctional facility shall be deemed to be serving time in the
penal correctional 25institution to which he or she was sentenced and shall be eligible to earn good time
1credit against his or her sentence as provided under ss. 302.11, 302.12
;, 302.43
;, 2303.07 and 303.19 for that institution.
AB176, s. 148
3Section
148. 303.06 (1) of the statutes is amended to read:
AB176,59,74
303.06
(1) Except as authorized in this section, no goods, except farm
5machinery, farm implements and tools, cordage rope and ply goods, manufactured
6wholly or partly by inmates in any state, city or county
penal correctional institution
7may be offered for sale in the open market.
AB176, s. 149
8Section
149. 303.06 (5) of the statutes is amended to read:
AB176,59,149
303.06
(5) A tax-supported institution or a nonprofit agency may offer for sale
10in the open market products manufactured in whole or in part by inmates in a state
11penal correctional institution as part of a hobby-craft program or vocational training
12if the purpose of the sale is to support the institution's or agency's mission or is for
13some other charitable purpose and if the sale of that product or type of product has
14been approved by the prison industries board under s. 303.015 (1) (e).
AB176, s. 150
15Section
150. 303.065 (1) (a) of the statutes is amended to read:
AB176,59,1716
303.065
(1) (a) Except as provided in par. (b), the department may grant work
17release privileges to any person incarcerated
within the state prisons in a prison.
AB176, s. 151
18Section
151. 303.065 (3) of the statutes is amended to read:
AB176,60,319
303.065
(3) The department shall designate and adapt facilities of the
state 20prisons for the purpose of quartering inmates with work release privileges or it may
21arrange and contract for other facilities, including portions of county jails for inmates
22employed in the area. An inmate with work release privileges placed in facilities
23outside a
state prison shall be liable for the cost of the inmate's room, board, clothing
24and other necessary expenses incident to the inmate's employment or placement
25unless other means of payment are approved by the department. No inmate shall
1be granted work release privileges until such suitable quarters have been provided
2in the area of accepted or proffered employment, or educational or training
3placement.
AB176, s. 152
4Section
152. 303.07 (3) of the statutes is amended to read:
AB176,60,125
303.07
(3) Each prisoner serving a sentence under this section who could have
6been sentenced to
a the Wisconsin state
prison prisons is subject to s. 302.11 (1), (1g),
7(1q) and (2). Each prisoner serving such a sentence may be transferred to a
state 8prison upon recommendation of the superintendent and approval of the department.
9The county board may, pursuant to its regulations approved by the department,
10extend to all other prisoners similar pecuniary earnings and rewards, subject to
11similar conditions and limitations as those prescribed by s. 302.12 for prisoners
in 12sentenced to the Wisconsin state prisons.
AB176, s. 153
13Section
153. 303.19 (4) of the statutes is amended to read:
AB176,60,1714
303.19
(4) The county board may, pursuant to its regulations approved by the
15department, extend to those prisoners similar pecuniary earnings and rewards,
16subject to similar conditions and limitations as those prescribed by s. 302.12 for
17prisoners
in sentenced to the Wisconsin state prisons.
AB176, s. 154
18Section
154. 303.21 (1) (a) of the statutes is amended to read:
AB176,61,619
303.21
(1) (a) If an inmate of a state
correctional institution
or private prison,
20in the performance of assigned work is injured so as to be permanently incapacitated
21or to have materially reduced earning power, the inmate may, upon being released
22from such institution, either upon release on parole or extended supervision or upon
23final discharge, be allowed and paid such compensation as the department of
24workforce development finds the inmate entitled to. The inmate shall be
25compensated on the same basis as if the injury had been covered by ch. 102, except
1that the total paid to any inmate may not exceed $10,000 and may be paid in
2instalments. If the injury results from employment in a prison industry, the payment
3shall be made from the revolving appropriation for its operation. If there is no
4revolving appropriation, payment shall be made from the general fund. In case of
5dispute, the procedure for hearing, award and appeal shall be as set forth in ss.
6102.16 to 102.26.
AB176, s. 155
7Section
155. 304.06 (1) (b) of the statutes is amended to read:
AB176,61,228
304.06
(1) (b) Except as provided in sub. (1m) or s. 302.045 (3), 961.49 (2),
9973.01 (6) or 973.0135, the parole commission may parole
an inmate of a person
10sentenced to the Wisconsin state prisons or any felon or any person serving at least
11one year or more in a county house of correction or a county reforestation camp
12organized under s. 303.07, when he or she has served 25% of the sentence imposed
13for the offense, or 6 months, whichever is greater. Except as provided in s. 939.62
14(2m) (c) or 973.014 (1) (b) or (c), (1g) or (2), the parole commission may parole an
15inmate serving a life term when he or she has served 20 years, as modified by the
16formula under s. 302.11 (1) and subject to extension under s. 302.11 (1q) and (2), if
17applicable. The person serving the life term shall be given credit for time served prior
18to sentencing under s. 973.155, including good time under s. 973.155 (4). The
19secretary may grant special action parole releases under s. 304.02. The department
20or the parole commission shall not provide any convicted offender or other person
21sentenced to the department's custody any parole eligibility or evaluation until the
22person has been confined at least 60 days following sentencing.
AB176, s. 156
23Section
156. 304.071 (1) of the statutes is amended to read:
AB176,62,1224
304.071
(1) The parole commission may at any time grant a parole to any
25prisoner
in any penal institution of this serving a sentence to the Wisconsin state
1prisons, or the department may at any time suspend the supervision of any person
2who is on probation or parole to the department, if the prisoner or person on
3probation or parole is eligible for induction into the U.S. armed forces. The
4suspension of parole or probation shall be for the duration of his or her service in the
5armed forces; and the parole or probation shall again become effective upon his or
6her discharge from the armed forces in accordance with regulations prescribed by the
7department. If he or she receives an honorable discharge from the armed forces, the
8governor may discharge him or her and the discharge has the effect of a pardon.
9Upon the suspension of parole or probation by the department, the department shall
10issue an order setting forth the conditions under which the parole or probation is
11suspended, including instructions as to where and when and to whom the paroled
12person shall report upon discharge from the armed forces.
AB176, s. 157
13Section
157. 304.115 of the statutes is amended to read:
AB176,62,19
14304.115 Emergency removal. When an emergency exists which in the
15opinion of the secretary makes it advisable, the secretary may permit the temporary
16removal of a convicted person for such period and upon such conditions as the
17secretary determines. The secretary may delegate this authority to the deputy
and, 18the wardens and superintendents of the state prisons
and the warden or
19superintendent of a private prison.
AB176, s. 158
20Section
158. 447.06 (2) (a) 4. of the statutes is amended to read:
AB176,62,2421
447.06
(2) (a) 4. For a facility, as defined in s. 50.01 (1m), a hospital, as defined
22in s. 50.33 (2), a state or federal prison, county jail or other federal, state, county or
23municipal correctional
institution or detention facility, or a facility established to
24provide care for terminally ill patients.