AB176: Bill Text

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:

AB176,57,2 302.31 Use of jails. The county jail may be used for the detention of persons charged with crime and committed for trial; for the detention of persons committed to secure their attendance as witnesses; to imprison persons committed pursuant to a sentence or held in custody by the sheriff for any cause authorized by law; for the detention of persons sentenced to imprisonment in the Wisconsin state penal institutions prisons or a county house of correction, until they are removed to those institutions; for the detention of persons participating in the intensive sanctions program; for the temporary detention of persons in the custody of the department; and for other detentions authorized by law. The county jail may be used for the temporary placement of persons in the custody of the department, other than persons under 17 years of age, and persons who have attained the age of 17 years but have not attained the age of 25 years who are under the supervision of the department under s. 48.366 or 938.355 (4) and who have been taken into custody pending revocation of aftercare supervision under s. 48.366 (5) or 938.357 (5) (e).

AB176, s. 142 Section 142. 302.33 (1) of the statutes is amended to read:

AB176,57,11 302.33 (1) The maintenance of persons who have been sentenced to the Wisconsin state penal institutions prisons; persons in the custody of the department, except as provided in sub. (2) and s. 301.048 (7); persons accused of crime and committed for trial; persons committed for the nonpayment of fines and expenses; and persons sentenced to imprisonment therein, while in the county jail, shall be paid out of the county treasury. No claim may be allowed to any sheriff for keeping or boarding any person in the county jail unless the person was lawfully detained therein.

AB176, s. 143 Section 143. 302.385 of the statutes is amended to read:

AB176,57,17 302.385 Correctional institution health care. The standards for delivery of health services in state correctional institutions governed under s. 301.02 and private prisons shall be based on the standards of any professional organization that establishes standards for health services in prisons and that is recognized by the department.

AB176, s. 144 Section 144. 302.386 (1) of the statutes is amended to read:

AB176,58,3 302.386 (1) Except as provided in sub. (5), liability for medical and dental services furnished to residents housed in prisons identified in s. 302.01 a prison or in a secured correctional facility as defined in s. 938.02 (15m), or in a secured child caring institution, as defined in s. 938.02 (15g), or to forensic patients in state institutions for those services which are not provided by employes of the department shall be limited to the amounts payable under ss. 49.43 to 49.47, except s. 49.468, for similar services. The department may waive any such limit if it determines that needed services cannot be obtained for the applicable amount. No provider of services may bill the resident or patient for the cost of services exceeding the amount of the liability under this subsection.

AB176, s. 145 Section 145. 302.386 (2) (intro.) of the statutes is amended to read:

AB176,58,9 302.386 (2) (intro.) The liability of the state for medical and dental services under sub. (1) does not extend to that part of the medical or dental services of a resident housed in a prison identified in s. 302.01, a secured correctional facility as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), for which any of the following applies:

AB176, s. 146 Section 146. 302.386 (3) (a) of the statutes is amended to read:

AB176,58,16 302.386 (3) (a) Except as provided in par. (b), the department may require a resident housed in a prison identified in s. 302.01 or in a secured correctional facility as defined in s. 938.02 (15m) who earns wages during residency and who receives medical or dental services to pay a deductible, coinsurance, copayment or similar charge upon the medical or dental service that he or she receives. The department shall collect the allowable deductible, coinsurance, copayment or similar charge.

AB176, s. 147 Section 147. 302.45 (1) of the statutes is amended to read:

AB176,59,2 302.45 (1) The department and any county or group of counties may contract for the cooperative establishment and use of state-local shared correctional facilities. Inmates sentenced to the Wisconsin state prisons, a county jail, a county reforestation camp or a county house of correction may be transferred to a shared facility by the department, sheriff or superintendent, respectively, under the agreement covering use of the facility. Any inmate confined in a state-local shared correctional facility shall be deemed to be serving time in the penal correctional institution to which he or she was sentenced and shall be eligible to earn good time credit against his or her sentence as provided under ss. 302.11, 302.12;, 302.43;, 303.07 and 303.19 for that institution.

AB176, s. 148 Section 148. 303.06 (1) of the statutes is amended to read:

AB176,59,7 303.06 (1) Except as authorized in this section, no goods, except farm machinery, farm implements and tools, cordage rope and ply goods, manufactured wholly or partly by inmates in any state, city or county penal correctional institution may be offered for sale in the open market.

AB176, s. 149 Section 149. 303.06 (5) of the statutes is amended to read:

AB176,59,14 303.06 (5) A tax-supported institution or a nonprofit agency may offer for sale in the open market products manufactured in whole or in part by inmates in a state penal correctional institution as part of a hobby-craft program or vocational training if the purpose of the sale is to support the institution's or agency's mission or is for some other charitable purpose and if the sale of that product or type of product has been approved by the prison industries board under s. 303.015 (1) (e).

AB176, s. 150 Section 150. 303.065 (1) (a) of the statutes is amended to read:

AB176,59,17 303.065 (1) (a) Except as provided in par. (b), the department may grant work release privileges to any person incarcerated within the state prisons in a prison.

AB176, s. 151 Section 151. 303.065 (3) of the statutes is amended to read:

AB176,60,3 303.065 (3) The department shall designate and adapt facilities of the state prisons for the purpose of quartering inmates with work release privileges or it may arrange and contract for other facilities, including portions of county jails for inmates employed in the area. An inmate with work release privileges placed in facilities outside a state prison shall be liable for the cost of the inmate's room, board, clothing and other necessary expenses incident to the inmate's employment or placement unless other means of payment are approved by the department. No inmate shall be granted work release privileges until such suitable quarters have been provided in the area of accepted or proffered employment, or educational or training placement.

AB176, s. 152 Section 152. 303.07 (3) of the statutes is amended to read:

AB176,60,12 303.07 (3) Each prisoner serving a sentence under this section who could have been sentenced to a the Wisconsin state prison prisons is subject to s. 302.11 (1), (1g), (1q) and (2). Each prisoner serving such a sentence may be transferred to a state prison upon recommendation of the superintendent and approval of the department. The county board may, pursuant to its regulations approved by the department, extend to all other prisoners similar pecuniary earnings and rewards, subject to similar conditions and limitations as those prescribed by s. 302.12 for prisoners in sentenced to the Wisconsin state prisons.

AB176, s. 153 Section 153. 303.19 (4) of the statutes is amended to read:

AB176,60,17 303.19 (4) The county board may, pursuant to its regulations approved by the department, extend to those prisoners similar pecuniary earnings and rewards, subject to similar conditions and limitations as those prescribed by s. 302.12 for prisoners in sentenced to the Wisconsin state prisons.

AB176, s. 154 Section 154. 303.21 (1) (a) of the statutes is amended to read:

AB176,61,6 303.21 (1) (a) If an inmate of a state correctional institution or private prison, in the performance of assigned work is injured so as to be permanently incapacitated or to have materially reduced earning power, the inmate may, upon being released from such institution, either upon release on parole or extended supervision or upon final discharge, be allowed and paid such compensation as the department of workforce development finds the inmate entitled to. The inmate shall be compensated on the same basis as if the injury had been covered by ch. 102, except that the total paid to any inmate may not exceed $10,000 and may be paid in instalments. If the injury results from employment in a prison industry, the payment shall be made from the revolving appropriation for its operation. If there is no revolving appropriation, payment shall be made from the general fund. In case of dispute, the procedure for hearing, award and appeal shall be as set forth in ss. 102.16 to 102.26.

AB176, s. 155 Section 155. 304.06 (1) (b) of the statutes is amended to read:

AB176,61,22 304.06 (1) (b) Except as provided in sub. (1m) or s. 302.045 (3), 961.49 (2), 973.01 (6) or 973.0135, the parole commission may parole an inmate of a person sentenced to the Wisconsin state prisons or any felon or any person serving at least one year or more in a county house of correction or a county reforestation camp organized under s. 303.07, when he or she has served 25% of the sentence imposed for the offense, or 6 months, whichever is greater. Except as provided in s. 939.62 (2m) (c) or 973.014 (1) (b) or (c), (1g) or (2), the parole commission may parole an inmate serving a life term when he or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject to extension under s. 302.11 (1q) and (2), if applicable. The person serving the life term shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary may grant special action parole releases under s. 304.02. The department or the parole commission shall not provide any convicted offender or other person sentenced to the department's custody any parole eligibility or evaluation until the person has been confined at least 60 days following sentencing.

AB176, s. 156 Section 156. 304.071 (1) of the statutes is amended to read:

AB176,62,12 304.071 (1) The parole commission may at any time grant a parole to any prisoner in any penal institution of this serving a sentence to the Wisconsin state prisons, or the department may at any time suspend the supervision of any person who is on probation or parole to the department, if the prisoner or person on probation or parole is eligible for induction into the U.S. armed forces. The suspension of parole or probation shall be for the duration of his or her service in the armed forces; and the parole or probation shall again become effective upon his or her discharge from the armed forces in accordance with regulations prescribed by the department. If he or she receives an honorable discharge from the armed forces, the governor may discharge him or her and the discharge has the effect of a pardon. Upon the suspension of parole or probation by the department, the department shall issue an order setting forth the conditions under which the parole or probation is suspended, including instructions as to where and when and to whom the paroled person shall report upon discharge from the armed forces.

AB176, s. 157 Section 157. 304.115 of the statutes is amended to read:

AB176,62,19 304.115 Emergency removal. When an emergency exists which in the opinion of the secretary makes it advisable, the secretary may permit the temporary removal of a convicted person for such period and upon such conditions as the secretary determines. The secretary may delegate this authority to the deputy and, the wardens and superintendents of the state prisons and the warden or superintendent of a private prison.

AB176, s. 158 Section 158. 447.06 (2) (a) 4. of the statutes is amended to read:

AB176,62,24 447.06 (2) (a) 4. For a facility, as defined in s. 50.01 (1m), a hospital, as defined in s. 50.33 (2), a state or federal prison, county jail or other federal, state, county or municipal correctional institution or detention facility, or a facility established to provide care for terminally ill patients.

AB176, s. 159 Section 159. 782.03 of the statutes is amended to read:

AB176,63,11 782.03 Petition for writ. Application for the writ shall be by petition, signed either by the prisoner or by some person in his or her behalf, and may be made to the supreme court, the court of appeals or the circuit court of the county, or to any justice or judge of the supreme court, court of appeals or circuit court or to any court commissioner, within the county where the prisoner is detained; or if there is no judge within the county, or for any cause he or she is incapable of acting, or has refused to grant the writ, then to some judge residing in an adjoining county; but every application, made by or on behalf of a person sentenced to the Wisconsin state prisons, must contain a copy of any motion made under s. 974.06 and shall indicate the disposition of the motion and the court in which the disposition was made. If no motion was made, the petition shall so state.

AB176, s. 160 Section 160. 782.45 (title) of the statutes is amended to read:

AB176,63,13 782.45 (title) Witness fees, inmates of state certain institutions.

AB176, s. 161 Section 161. 782.45 (1) of the statutes is amended to read:

AB176,63,25 782.45 (1) If an inmate of any public institution or private prison operating under a contract under s. 301.21 (3) is brought into court in response to a writ of habeas corpus or subpoena, the institution or private prison shall be reimbursed for the time of the officer conducting the inmate and the actual and necessary traveling expenses incurred in taking the inmate into court on the process and returning the inmate to the institution or private prison. The superintendent of the institution or private prison shall file with the clerk of the court a statement of the expenses. The clerk shall certify the expenses to the county treasurer, who shall pay to the superintendent of the institution or private prison the amount so certified, but in a civil action, such expenses shall be paid by the party requesting the presence of the inmate.

AB176, s. 162 Section 162. 782.45 (2) of the statutes is amended to read:

AB176,64,22 782.45 (2) In lieu of the procedure under sub. (1) the department of health and family services and the department of corrections, upon 48 hours' advance notice, shall release to any sheriff having a suitable jail approved by the department of corrections for this purpose any prisoner upon presentation of a writ of habeas corpus to the warden or superintendent of the institution or private prison which is detaining the inmate. The sheriff shall be informed in advance where the sheriff may assume custody of the inmate and the sheriff then shall be in charge of the inmate and be responsible for the inmate's custody. During the time that an inmate is absent from the state institution or private prison and in the custody of the sheriff the inmate shall be entitled to credit for time served on the existing sentence and such credit under s. 302.11 that he or she was eligible to receive while an inmate of the state institution or private prison. The sheriff shall be responsible for segregating the inmate in the jail from other prisoners and the county shall be liable for all expenses attendant to his or her detention including medical care. The inmate while in the custody of the sheriff shall not be permitted to have visitors or to receive mail except as authorized and approved by the warden or superintendent of the state institution or private prison which formerly detained the inmate but shall be entitled to confer with counsel during reasonable hours without restriction. After the court has determined that the inmate is no longer needed or required, the sheriff shall promptly return the inmate to the institution or private prison to which detained prior to the release to the sheriff for appearance in court.

AB176, s. 163 Section 163. 801.02 (7) (a) 1. of the statutes is amended to read:

AB176,65,3 801.02 (7) (a) 1. "Correctional institution" means any state or, local or private facility that incarcerates or detains any adult accused of, charged with, convicted of, or sentenced for any crime. A correctional institution includes a Type 1 prison, as defined in s. 301.01 (5), a Type 2 prison, as defined in s. 301.01 (6), a private prison operating under a contract under s. 301.21 (3), a county jail and a house of correction.

AB176, s. 164 Section 164. 813.02 (1) (c) 1. of the statutes is amended to read:

AB176,65,14 813.02 (1) (c) 1. The If the case involves a prisoner in a correctional institution, as defined in s. 801.02 (7) (a) 1., the court may not issue the injunction until giving notice and an opportunity to be heard on the request for a preliminary injunction to all interested parties, including the attorney general, if the case involves a prisoner in a state correctional institution, as defined in s. 801.02 (7) (a) 1. is operated by the state or is a private prison operating under a contract under s. 301.21 (3), or to the attorney representing the local correctional institution involved and to all other interested parties, if the correctional institution is operated by a political subdivision of the state. Any injunction issued without giving notice and an opportunity to be heard is void.

AB176, s. 165 Section 165. 938.183 (3) of the statutes is amended to read:

AB176,65,23 938.183 (3) When a juvenile who is subject to a criminal penalty under sub. (1m) or (2) attains the age of 17 years, the department may place the juvenile in a state prison named in s. 302.01. If a juvenile who is subject to a criminal penalty under sub. (1m) or (2) is 15 years of age or over, the department may transfer the juvenile to the Racine youthful offender correctional facility named in s. 302.01 as provided in s. 938.357 (4) (d). A juvenile who is subject to a criminal penalty under sub. (1m) or (2) for an act committed before December 31, 1999, is eligible for parole under s. 304.06.

AB176, s. 166 Section 166. 938.78 (2) (d) 3. of the statutes is amended to read:

AB176,66,2 938.78 (2) (d) 3. Subject to an order under s. 48.366 or 938.183 and placed in a state prison under s. 48.366 (8) or 938.183.

AB176, s. 167 Section 167. 938.992 (3) of the statutes is amended to read:

AB176,66,7 938.992 (3) Notwithstanding s. 938.991 (3) (b), "delinquent juvenile" does not include a person subject to an order under s. 48.366 who is confined to a state prison under s. 302.01 or a person subject to an order under s. 938.34 (4h) who is 17 years of age or over.

AB176, s. 168 Section 168. 939.62 (3) (b) of the statutes is amended to read:

AB176,66,16 939.62 (3) (b) In case of crimes committed in other jurisdictions, the terms do not include those crimes which are equivalent to motor vehicle offenses under chs. 341 to 349 or to offenses handled through proceedings in the court assigned to exercise jurisdiction under chs. 48 and 938.Otherwise, felony means a crime which under the laws of that jurisdiction carries a prescribed maximum penalty of imprisonment in a prison or penitentiary for one year or more. Misdemeanor means a crime which does not carry a prescribed maximum penalty sufficient to constitute it a felony and includes crimes punishable only by a fine.

AB176, s. 169 Section 169. 940.20 (1) of the statutes is amended to read:

AB176,66,22 940.20 (1) Battery by prisoners. Any prisoner confined to a state prison or other, a state, county or municipal detention facility or a private prison operating under a contract under s. 301.21 (3) who intentionally causes bodily harm to an officer, employe, visitor or another inmate of such prison, facility or institution, without his or her the consent of the person injured, is guilty of a Class D felony.

AB176, s. 170 Section 170. 940.29 of the statutes is amended to read:

AB176,67,3 940.29 Abuse of residents of penal facilities correctional institutions. Any person in charge of or employed in a penal or correctional institution or other place of confinement who abuses, neglects or ill-treats any person confined in or a resident of any such institution or place or who knowingly permits another person to do so is guilty of a Class E felony.

AB176, s. 171 Section 171. 941.237 (1) (b) of the statutes is amended to read:

AB176,67,8 941.237 (1) (b) "Correctional officer" means any person employed by the state or, by any political subdivision of the state or by a private prison operating under a contract under s. 301.21 (3) as a guard or officer whose principal duties are the supervision and discipline of inmates.

AB176, s. 172 Section 172. 946.43 of the statutes is amended to read:

AB176,67,13 946.43 Assaults by prisoners. Any prisoner confined to a state prison or other, a state, county or municipal detention facility or a private prison operating under a contract under s. 301.21 (3) who intentionally does any of the following is guilty of a Class C felony:

AB176,67,16 (1) Places an officer, employe, visitor or another inmate of such prison, facility or institution in apprehension of an immediate battery likely to cause death or great bodily harm; or

AB176,67,18 (2) Confines or restrains an officer, employe, visitor or another inmate of such prison, facility or institution without the person's consent.

AB176, s. 173 Section 173. 946.44 (2) (c) of the statutes is amended to read:

AB176,67,23 946.44 (2) (c) "Institution" includes a private prison operating under a contract under s. 301.21 (3), a secured correctional facility, as defined in s. 938.02 (15m), a secured child caring institution, as defined in s. 938.02 (15g), and a Type 2 child caring institution, as defined in s. 938.02 (19r).

AB176, s. 174 Section 174. 946.45 (2) (c) of the statutes is amended to read:

AB176,68,4 946.45 (2) (c) "Institution" includes a private prison operating under a contract under s. 301.21 (3), a secured correctional facility, as defined in s. 938.02 (15m), a secured child caring institution, as defined in s. 938.02 (15g), and a Type 2 child caring institution, as defined in s. 938.02 (19r).

AB176, s. 175 Section 175. 946.47 (2) (b) of the statutes is amended to read:

AB176,68,9 946.47 (2) (b) A person who commits an act within the jurisdiction of another state which is punishable by imprisonment for one year or more in a state prison or penitentiary under the law of that state and would, if committed in this state, constitute a felony under the law of this state.

AB176, s. 176 Section 176. 946.73 of the statutes is amended to read:

AB176,68,15 946.73 Penalty for violating laws governing state or county institutions or private prisons. Whoever violates any state law or any lawful rule made pursuant to state law governing state fair park or any state or county charitable, curative, reformatory, or penal correctional institution while within the same or the grounds thereof is guilty of a Class C misdemeanor.

AB176, s. 177 Section 177. 948.50 (4) (a) of the statutes is amended to read:

AB176,68,18 948.50 (4) (a) Is serving a sentence, pursuant to a conviction, in a jail, state prison or house of correction.

AB176, s. 178 Section 178. 950.04 (1v) (v) of the statutes is amended to read:

AB176,69,2 950.04 (1v) (v) To have the department of corrections make a reasonable attempt to notify the victim under s. 301.046 (4) regarding community residential confinements, under s. 301.048 (4m) regarding participation in the intensive sanctions program, under s. 301.38 regarding escapes from a Type 1 prison or a private prison, under s. 301.46 (3) regarding persons registered under s. 301.45, under s. 302.115 regarding release upon expiration of certain sentences, under s. 304.063 regarding extended supervision and parole releases, and under s. 938.51 regarding release or escape of a juvenile from correctional custody.

AB176, s. 179 Section 179. 961.01 (12m) (am) of the statutes is created to read:

AB176,69,5 961.01 (12m) (am) A private prison operating under a contract under s. 301.21 (3).

AB176, s. 180 Section 180. 961.48 (2) of the statutes is amended to read: