AB176: Bill Text

AB176,38,13 252.06 (6) (b) When a person confined in a jail, state prison, mental health institute or other public place of detention has a disease which the local health officer or the director of health at the institution deems dangerous to the health of other residents or the neighborhood, the local health officer or the director of health at the institution shall order in writing the removal of the person to a hospital or other place of safety, there to be provided for and securely kept. Upon recovery the person shall be returned; and if the person was committed by a court or under process the removal order or a copy shall be returned by the local health officer to the committing court officer.

AB176, s. 85 Section 85. 252.08 (4) (a) of the statutes is amended to read:

AB176,38,17 252.08 (4) (a) Care of patients transferred to facilities approved under this section from state institutions or from state penal correctional institutions under s. 304.115.

AB176, s. 86 Section 86. 252.14 (1) (ad) of the statutes is renumbered 252.14 (1) (ad) (intro.) and amended to read:

AB176,38,21 252.14 (1) (ad) (intro.) "Correctional officer" has the meaning given means any of the following:

AB176,38,22 1. A correctional officer as defined in s. 301.28 (1).

AB176, s. 87 Section 87. 252.14 (1) (ad) 2. of the statutes is created to read:

AB176,39,3 252.14 (1) (ad) 2. A person employed by a private prison operating under a contract under s. 302.21 (3) whose principal duty is the supervision of inmates at the private prison.

AB176, s. 88 Section 88. 252.15 (1) (ad) of the statutes is renumbered 252.15 (1) (ad) (intro.) and amended to read:

AB176,39,7 252.15 (1) (ad) (intro.) "Correctional officer" has the meaning given means any of the following:

AB176,39,8 1. A correctional officer as defined in s. 301.28 (1).

AB176, s. 89 Section 89. 252.15 (1) (ad) 2. of the statutes is created to read:

AB176,39,12 252.15 (1) (ad) 2. A person employed by a private prison operating under a contract under s. 302.21 (3) whose principal duty is the supervision of inmates at the private prison.

AB176, s. 90 Section 90. 292.65 (1) (d) 6. of the statutes is amended to read:

AB176,39,15 292.65 (1) (d) 6. A facility that is located at a prison or other penal correctional institution.

AB176, s. 91 Section 91. 301.01 (2g) of the statutes is created to read:

AB176,39,18 301.01 (2g) "Private prison" means a private prison operating under a contract under s. 301.21 (3).

AB176, s. 92 Section 92. 301.03 (2r) of the statutes is amended to read:

AB176,39,21 301.03 (2r) Conduct drug testing of prospective parolees or persons to be placed on extended supervision who have undergone treatment while in state prison.

AB176, s. 93 Section 93. 301.03 (9) of the statutes is amended to read:

AB176,39,24 301.03 (9) Supervise all persons placed under s. 48.366 (8) or 938.183 in a state prison.

AB176, s. 94 Section 94. 301.046 (1) of the statutes is amended to read:

AB176,40,13 301.046 (1) Institution status. The department shall establish and operate a community residential confinement program as a correctional institution under the charge of a superintendent. Under the program, the department shall confine prisoners in their places of residence or other places designated by the department. The secretary may allocate and reallocate existing and future facilities as part of the institution. The institution is subject to s. 301.02 and is a state prison as defined in under s. 302.01. Construction or establishment of the institution shall be in compliance with all state laws except s. 32.035 and ch. 91. In addition to the exemptions under s. 13.48 (13), construction or establishment of facilities for the institution are not subject to the ordinances or regulations relating to zoning, including zoning under ch. 91, of the county and municipality in which the construction or establishment takes place and are exempt from inspections required under s. 301.36.

AB176, s. 95 Section 95. 301.048 (4) (b) of the statutes is amended to read:

AB176,40,24 301.048 (4) (b) The department shall operate the program as a correctional institution. The secretary may allocate and reallocate existing and future facilities as part of the institution. The institution is subject to s. 301.02 and is a state prison as defined in under s. 302.01. Construction or establishment of the institution shall be in compliance with all state laws except s. 32.035 and ch. 91. In addition to the exemptions under s. 13.48 (13), construction or establishment of facilities for the institution are not subject to the ordinances or regulations relating to zoning, including zoning under ch. 91, of the county and municipality in which the construction or establishment takes place and are exempt from inspections required under s. 301.36.

AB176, s. 96 Section 96. 301.08 (1) (b) 1. of the statutes is amended to read:

AB176,41,10 301.08 (1) (b) 1. Contract with public, private or voluntary agencies for the purchase of goods, care and services for persons committed or sentenced to a state correctional or penal institution, in the custody of the department or placed on probation or lifetime supervision to the department by a court of record, or released from a state correctional or penal institution under s. 939.615. Services shall include, but are not limited to, diagnostic services, evaluation, treatment, counseling, referral and information, day care, inpatient hospitalization, transportation, recreation, special education, vocational training, work adjustment, sheltered employment, special living arrangements and legal and protective services.

AB176, s. 97 Section 97. 301.12 (2m) of the statutes is amended to read:

AB176,41,14 301.12 (2m) The liability specified in sub. (2) shall not apply to persons 17 and older receiving care, maintenance, services and supplies provided by prisons named in s. 302.01 a prison.

AB176, s. 98 Section 98. 301.13 of the statutes is amended to read:

AB176,42,12 301.13 Minimum security correctional institutions. The department may establish and operate minimum security correctional institutions. The secretary may allocate and reallocate existing and future facilities as part of these institutions. The institutions are subject to s. 301.02 and are state prisons as defined in s. 302.01. Inmates from Wisconsin state sentenced to the Wisconsin state prisons may be transferred to these institutions and they shall be as provided under s. 302.18. Inmates transferred to the institutions under this section are subject to all laws pertaining to inmates of other penal institutions of the state prisons under s. 302.01. Officers and employes of the institutions shall be subject to the same laws as pertain to other penal institutions state prisons under s. 302.01. Inmates shall not be received on direct commitment from the courts. In addition to the exemptions under s. 13.48 (13), construction or establishment of facilities at institutions which are community correctional residential centers initially established prior to July 2, 1983, shall not be subject to the ordinances or regulations relating to zoning, including zoning under ch. 91, of the county and municipality in which the construction or establishment takes place. The department shall establish a procedure for soliciting responses from interested communities and persons regarding potential sites for the institutions under this section, except the procedure does not apply to the 125-bed community correctional center in the city of Waupun. The department shall consider locations proposed under this procedure and may consider any other locations on its own initiative. The department need not promulgate rules regarding the site consideration procedures under this section.

AB176, s. 99 Section 99. 301.14 of the statutes is amended to read:

AB176,43,2 301.14 State-local shared correctional facilities. In cooperation with any county or group of counties, the department may contract for the establishment and operation of state-local shared correctional facilities under s. 302.45. Except as provided in s. 302.45 (4), the secretary may allocate and reallocate existing and future facilities as state-local shared correctional facilities. The shared facilities shall be are institutions under s. 301.02 and shall be are state prisons under s. 302.01. Inmates from sentenced to the Wisconsin state prisons may be transferred to these facilities and, except as provided under s. 302.18. Except as to any separate rules established in the contract governing a shared facility, shall be inmates transferred to shared facilities under this section are subject to all laws pertaining to inmates of other penal institutions of this state prisons under s. 302.01. Officers and employes of the facilities shall be subject to the same laws as pertain to other penal institutions state prisons under s. 302.01. Inmates may not be received on direct commitment from the courts.

AB176, s. 100 Section 100. 301.15 of the statutes is amended to read:

AB176,43,12 301.15 Medium security prison. The department may construct a medium security prison to be known as the Fox Lake correctional institution on state-owned land known as prison farm 10 in Dodge county. Inmates from sentenced to the Wisconsin state prisons may be transferred to this institution and they shall be as provided under s. 302.18. Inmates transferred to the institution under this section are subject to all laws pertaining to inmates of other penal institutions of this state prisons under s. 302.01. Officers and employes of the institutions shall be subject to the same laws as pertain to other penal institutions state prisons under s. 302.01. Inmates shall not be received on direct commitment from the courts.

AB176, s. 101 Section 101. 301.16 (1r) of the statutes is amended to read:

AB176,43,21 301.16 (1r) In addition to the institutions under sub. (1), the department shall establish a medium security correctional institution for persons 15 years of age or over, but not more than 21 years of age, who have been placed in a state prison under s. 302.01. The medium security correctional institution under this subsection shall be known as the Racine Youthful Offender Correctional Facility and shall be located at the intersection of Albert Street and North Memorial Drive in the city of Racine. The department shall limit the number of prisoners who may be placed at the Racine Youthful Offender Correctional Facility to no more than 400 at any one time.

AB176, s. 102 Section 102. 301.16 (1x) of the statutes is amended to read:

AB176,44,4 301.16 (1x) Inmates from sentenced to the Wisconsin state prisons may be transferred to the institutions under this section and they shall be. Inmates transferred to institutions under this section are subject to all laws pertaining to inmates of other penal institutions of prisons in this state. Officers and employes of the institutions shall be subject to the same laws as pertain to other penal correctional institutions. Inmates shall not be received on direct commitment from the courts.

AB176, s. 103 Section 103. 301.21 (title) of the statutes is amended to read:

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: