AB176, s. 174
24Section
174. 946.45 (2) (c) of the statutes is amended to read:
AB176,68,4
1946.45
(2) (c) "Institution" includes
a private prison operating under a contract
2under s. 301.21 (3), a secured correctional facility, as defined in s. 938.02 (15m), a
3secured child caring institution, as defined in s. 938.02 (15g), and a Type 2 child
4caring institution, as defined in s. 938.02 (19r).
AB176, s. 175
5Section
175. 946.47 (2) (b) of the statutes is amended to read:
AB176,68,96
946.47
(2) (b) A person who commits an act within the jurisdiction of another
7state which is punishable by imprisonment for one year or more in
a state prison
or
8penitentiary under the law of that state and would, if committed in this state,
9constitute a felony under the law of this state.
AB176, s. 176
10Section
176. 946.73 of the statutes is amended to read:
AB176,68,15
11946.73 Penalty for violating laws governing state or county
12institutions or private prisons. Whoever violates any state law or any lawful rule
13made pursuant to state law governing state fair park or any state or county
14charitable, curative, reformatory, or
penal correctional institution while within the
15same or the grounds thereof is guilty of a Class C misdemeanor.
AB176, s. 177
16Section
177. 948.50 (4) (a) of the statutes is amended to read:
AB176,68,1817
948.50
(4) (a) Is serving a sentence, pursuant to a conviction, in a jail,
state 18prison or house of correction.
AB176, s. 178
19Section
178. 950.04 (1v) (v) of the statutes is amended to read:
AB176,69,220
950.04
(1v) (v) To have the department of corrections make a reasonable
21attempt to notify the victim under s. 301.046 (4) regarding community residential
22confinements, under s. 301.048 (4m) regarding participation in the intensive
23sanctions program, under s. 301.38 regarding escapes from a Type 1 prison
or a
24private prison, under s. 301.46 (3) regarding persons registered under s. 301.45,
25under s. 302.115 regarding release upon expiration of certain sentences, under s.
1304.063 regarding extended supervision and parole releases, and under s. 938.51
2regarding release or escape of a juvenile from correctional custody.
AB176, s. 179
3Section
179. 961.01 (12m) (am) of the statutes is created to read:
AB176,69,54
961.01
(12m) (am) A private prison operating under a contract under s. 301.21
5(3).
AB176, s. 180
6Section
180. 961.48 (2) of the statutes is amended to read:
AB176,69,157
961.48
(2) If any person is charged under sub. (2m) with a 2nd or subsequent
8offense under this chapter that is specified in s. 961.41 (1) (cm), (d), (e), (f), (g) or (h),
9(1m) (cm), (d), (e), (f), (g) or (h) or (3g) (a) 2., (c), (d) or (e), and he or she is convicted
10of that 2nd or subsequent offense, any applicable minimum and maximum fines and
11minimum and maximum periods of imprisonment under s. 961.41 (1) (cm), (d), (e),
12(f), (g) or (h), (1m) (cm), (d), (e), (f), (g) or (h) or (3g) (a) 2., (c), (d) or (e) are doubled.
13A person convicted of a 2nd or subsequent offense under s. 961.41 (3g) (c), (d) or (e)
14is guilty of a felony and the person may be imprisoned in
the Wisconsin state
prison 15prisons.
AB176, s. 181
16Section
181. 968.255 (7) (a) of the statutes is amended to read:
AB176,69,1817
968.255
(7) (a) Is serving a sentence, pursuant to a conviction, in a jail,
state 18prison or house of correction.
AB176, s. 182
19Section
182. 971.11 (1) of the statutes is amended to read:
AB176,70,420
971.11
(1) Whenever the
warden or superintendent department receives notice
21of an untried criminal case pending in this state against an inmate of a
state prison,
22the
warden or superintendent department shall, at the request of the inmate, send
23by certified mail a written request to the district attorney for prompt disposition of
24the case. The request shall state the sentence then being served, the date of parole
25eligibility, if applicable, or the date of release to extended supervision, the
1approximate discharge or conditional release date, and prior decision relating to
2parole. If there has been no preliminary examination on the pending case, the
3request shall state whether the inmate waives such examination, and, if so, shall be
4accompanied by a written waiver signed by the inmate.
AB176, s. 183
5Section
183. 971.11 (2) of the statutes is amended to read:
AB176,70,146
971.11
(2) If the crime charged is a felony, the district attorney shall either
7move to dismiss the pending case or arrange a date for preliminary examination as
8soon as convenient and notify the
warden or superintendent of the prison thereof 9department, unless such examination has already been held or has been waived.
10After the preliminary examination or upon waiver thereof, the district attorney shall
11file an information, unless it has already been filed, and mail a copy thereof to the
12warden or superintendent department for service on the inmate. The district
13attorney shall bring the case on for trial within 120 days after receipt of the request
14subject to s. 971.10.
AB176, s. 184
15Section
184. 973.013 (3m) of the statutes is amended to read:
AB176,71,516
973.013
(3m) If a person who has not attained the age of 16 years is sentenced
17to the Wisconsin state prisons, the department of corrections shall place the person
18at a secured juvenile correctional facility or a secured child caring institution, unless
19the department of corrections determines that placement in
an institution under s.
20302.01 a prison is appropriate based on the person's prior record of adjustment in a
21correctional setting, if any; the person's present and potential vocational and
22educational needs, interests and abilities; the adequacy and suitability of available
23facilities; the services and procedures available for treatment of the person within
24the various institutions; the protection of the public; and any other considerations
25promulgated by the department of corrections by rule. This subsection does not
1preclude the department of corrections from designating an adult correctional
2institution as a reception center for the person and subsequently transferring the
3person to a secured juvenile correctional facility or a secured child caring institution.
4Section 302.11 and ch. 304 apply to all persons placed in a secured juvenile
5correctional facility or a secured child caring institution under this subsection.
AB176, s. 185
6Section
185. 973.0135 (2) (intro.) of the statutes is amended to read:
AB176,71,117
973.0135
(2) (intro.) Except as provided in sub. (3), when a court sentences a
8prior offender to imprisonment in
a the Wisconsin state
prison prisons for a serious
9felony committed on or after April 21, 1994, but before December 31,
1999, the court
10shall make a parole eligibility determination regarding the person and choose one
11of the following options:
AB176, s. 186
12Section
186. 973.03 (2) of the statutes is amended to read:
AB176,71,1513
973.03
(2) A defendant sentenced to the Wisconsin state prisons and to a county
14jail or house of correction for separate crimes shall serve all sentences
, whether
15concurrent or consecutive
, in
the state prisons prison.
AB176, s. 187
16Section
187. 973.045 (4) of the statutes is amended to read:
AB176,71,2117
973.045
(4) If an inmate in a
state prison or a person sentenced to
a the
18Wisconsin state
prison prisons has not paid the crime victim and witness assistance
19surcharge under this section, the department shall assess and collect the amount
20owed from the inmate's wages or other moneys. Any amount collected shall be
21transmitted to the state treasurer.
AB176, s. 188
22Section
188. 973.046 (4) of the statutes is amended to read:
AB176,72,223
973.046
(4) If an inmate in a
state prison or a person sentenced to
a the
24Wisconsin state
prison prisons has not paid the deoxyribonucleic acid analysis
25surcharge under this section, the department shall assess and collect the amount
1owed from the inmate's wages or other moneys. Any amount collected shall be
2transmitted to the state treasurer.
AB176, s. 189
3Section
189. 973.08 (1) of the statutes is amended to read:
AB176,72,74
973.08
(1) When any defendant is sentenced to the
Wisconsin state prisons, a
5copy of the judgment of conviction and a copy of any order for restitution under s.
6973.20 shall be delivered by the officer executing the judgment to the warden or
7superintendent of the institution when the prisoner is delivered.
AB176, s. 190
8Section
190. 973.18 (4) of the statutes is amended to read:
AB176,72,139
973.18
(4) The judge shall direct the defendant's counsel to confer with the
10defendant before signing the form, during the proceeding or as soon thereafter as
11practicable, and may make appropriate orders to allow the defendant to confer with
12counsel before being transferred to the
Wisconsin state
prison prisons. The
13defendant shall be given a copy of the form.
AB176, s. 191
14Section
191. 976.08 of the statutes is amended to read:
AB176,72,19
15976.08 Additional applicability. In this chapter, "prisoner" includes
any
16person in a private prison operating under a contract under s. 301.21 (3), any person
17subject to an order under s. 48.366 or 938.183 who is confined to a Wisconsin state
18prison and any person subject to an order under s. 938.34 (4h) who is 17 years of age
19or older.
AB176, s. 192
20Section
192. 990.01 (5w) of the statutes is created to read:
AB176,72,2221
990.01
(5w) Correctional institution. "Correctional institution" includes a
22prison, jail, house of correction and any other place of penal detention.
AB176, s. 193
23Section
193. 990.01 (30g) of the statutes is created to read:
AB176,73,3
1990.01
(30g) Prison. "Prison" includes a state prison under s. 302.01 and a
2private prison operating under a contract under s. 301.21 (3). "Prison" does not
3include a federal correctional institution.
AB176, s. 194
4Section
194.
Effective dates. This act takes effect on the day after
5publication, except as follows:
AB176,73,76
(1)
The repeal and recreation of section 302.095 (2) of the statutes takes effect
7on December 31, 1999.
AB176,73,98
(2)
The repeal and recreation of section 51.35 (3) (c) and (e) of the statutes takes
9effect on December 1, 2001.