AB519,41,3
20(8) Department takeover of private prison. If the division suspends or revokes
21a private prison operating license or if the private prison operating license is not
22renewed, the department shall assume responsibility for the operation of the prison.
23If the department assumes responsibility for the operation of the prison for any
24reason, the private prison operator shall be liable to the department for all costs
25incurred by the department in managing or hiring another person to manage the
1private prison, in addition to forfeitures, attorney fees, costs and other sanctions
2imposed under s. 301.373 (10) and any charges for which reimbursement is required
3under s. 301.373 (2) (b) or (9) (a) or (b).
AB519, s. 91
4Section
91. 301.379 of the statutes is created to read:
AB519,41,6
5301.379 License fee determination. The department shall include all of the
6following with each biennial budget request that it makes under s. 16.42:
AB519,41,10
7(1) A recalculation of all costs the department includes in the budget request
8that are attributable to the review of applications for and issuance of private prison
9construction licenses, the review of applications for and issuance and renewals of
10private prison operating licenses and the supervision of private prisons.
AB519,41,24
11(2) The fees to be charged for private prison construction licenses and private
12prison operating licenses, which shall reflect the approximate costs of the
13department that are attributable to its review of applications, its issuance of licenses
14and its regulation of private prisons. The department may recommend separate fees
15for an initial private prison operating license and for the renewal of a private prison
16operating license. The department may recommend variable fees for operating
17licenses based on the size of the prison and the costs that the department has
18incurred or anticipates it will incur in licensing or supervising individual licensees.
19The department may recommend a separate application fee to be paid upon the
20application for a private prison construction license or a private prison operating
21license or both, to cover its approximate costs of reviewing such applications. If the
22department imposes a separate application fee for either type of license, the
23department shall not consider the costs of reviewing applications in determining the
24relevant license fee.
AB519, s. 92
25Section
92. 302.01 of the statutes is amended to read:
AB519,42,22
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
, and any
21correctional institution that the department operates under s. 301.378 (8) are state
22prisons.
AB519, s. 93
23Section
93. 302.02 (5) (a) of the statutes is amended to read:
AB519,43,3
1302.02
(5) (a) Service of process may be made on the warden or superintendent
2of any prison named in s. 302.01
or a private prison as upon any other resident of this
3state.
AB519, s. 94
4Section
94. 302.02 (5) (b) of the statutes is amended to read:
AB519,43,85
302.02
(5) (b) Except as provided in par. (a), service of process within any
such 6state or private prison on any officer or employe or inmate thereof shall be made by
7the warden or superintendent or some person appointed by the warden or
8superintendent to serve process.
AB519, s. 95
9Section
95. 302.055 of the statutes is amended to read:
AB519,43,14
10302.055 Transfer of inmates to resource center. The department may
11transfer an inmate from a prison, jail or other criminal detention facility
, other than
12a private prison, to the Wisconsin resource center if there is reason to believe that
13the inmate is in need of individualized care. The inmate is entitled to a transfer
14hearing by the department on the transfer to the Wisconsin resource center.
AB519, s. 96
15Section
96. 302.07 of the statutes is amended to read:
AB519,43,22
16302.07 Maintenance of order. The warden or superintendent shall maintain
17order, enforce obedience, suppress riots and prevent escapes. For such purposes the
18warden or superintendent
of a state prison may command the aid of the officers of
19the institution and of persons outside of the prison; and any person who fails to obey
20such command shall be punished by imprisonment in the county jail not more than
21one year or by a fine not exceeding $500. The warden or superintendent
of a state
22prison may adopt proper means to capture escaped inmates.
AB519, s. 97
23Section
97. 302.09 of the statutes is amended to read:
AB519,44,2
24302.09 Labor and communications. Inmates
of a state prison shall be
25employed as provided in ch. 303. Communication shall not be allowed between
1inmates and any person outside the prison except as prescribed by the prison
2regulations.
AB519, s. 98
3Section
98. 302.095 (2) of the statutes is amended to read:
AB519,44,144
302.095
(2) Any officer or other person who delivers or procures to be delivered
5or has in his or her possession with intent to deliver to any inmate confined in a jail
6or
state prison, or who deposits or conceals in or about a jail or prison, or the precincts
7of a jail or prison, or in any vehicle going into the premises belonging to a jail or
8prison, any article or thing whatever, with intent that any inmate confined in the jail
9or prison shall obtain or receive the same, or who receives from any inmate any
10article or thing whatever with intent to convey the same out of a jail or prison,
11contrary to the rules or regulations and without the knowledge or permission of the
12sheriff or other keeper of the jail, in the case of a jail, or of the warden or
13superintendent of the prison, in the case of a prison, shall be imprisoned for not more
14than 2 years or fined not more than $500.
AB519, s. 99
15Section
99. 302.095 (2) of the statutes, as affected by
1997 Wisconsin Act 283 16and 1999 Wisconsin Act .... (this act), is repealed and recreated to read:
AB519,45,217
302.095
(2) Any officer or other person who delivers or procures to be delivered
18or has in his or her possession with intent to deliver to any inmate confined in a jail
19or prison, or who deposits or conceals in or about a jail or prison, or the precincts of
20a jail or prison, or in any vehicle going into the premises belonging to a jail or prison,
21any article or thing whatever, with intent that any inmate confined in the jail or
22prison shall obtain or receive the same, or who receives from any inmate any article
23or thing whatever with intent to convey the same out of a jail or prison, contrary to
24the rules or regulations and without the knowledge or permission of the sheriff or
25other keeper of the jail, in the case of a jail, or of the warden or superintendent of the
1prison, in the case of a prison, shall be imprisoned for not more than 3 years or fined
2not more than $500.
AB519, s. 100
3Section
100. 302.11 (11) of the statutes is created to read:
AB519,45,44
302.11
(11) This section does not apply to an inmate of a private prison.
AB519, s. 101
5Section
101. 302.12 (1) of the statutes is amended to read:
AB519,45,106
302.12
(1) The department may provide by rule for the payment of money to
7inmates
of a state prison. The rate may vary for different prisoners in accordance
8with the pecuniary value of the work performed, willingness, and good behavior. The
9payment of money to inmates working in the prison industries shall be governed by
10s. 303.01 (4).
AB519, s. 102
11Section
102. 302.13 of the statutes is amended to read:
AB519,45,17
12302.13 Preservation of property an inmate brings to prison. The
13department shall preserve money and effects, except clothes, in the possession of an
14inmate when admitted to
the a state prison and, subject to the crime victim and
15witness assistance surcharge under s. 973.045 (4) and the deoxyribonucleic acid
16analysis surcharge under s. 973.046, shall restore the money and effects to the
17inmate when discharged.
AB519, s. 103
18Section
103. 302.14 of the statutes is amended to read:
AB519,46,2
19302.14 Property of deceased inmates, parolees, probationers or
20persons on extended supervision, disposition. When an inmate of a
state 21prison, a parolee of
an institution a state prison, a person on extended supervision
22or a person on probation to the department dies leaving an estate of $150 or less in
23the trust of the warden, superintendent or secretary, the warden, superintendent or
24secretary shall try to determine whether or not the estate is to be probated. If probate
25proceedings are not commenced within 90 days, the warden, superintendent or
1secretary shall turn over the money or securities to the nearest of kin as evidenced
2by the records of the institution and the department.
AB519, s. 104
3Section
104. 302.18 (1) of the statutes is amended to read:
AB519,46,54
302.18
(1) Inmates of a
state prison may be transferred and retransferred to
5another prison by the department.
AB519, s. 105
6Section
105. 302.27 of the statutes is amended to read:
AB519,46,16
7302.27 Contracts for temporary housing for or detention of prisoners. 8The department may contract with local governments for temporary housing or
9detention in county jails or county houses of correction for persons sentenced to
10imprisonment in state prisons or to the intensive sanctions program.
The
11department may contract with local governments for temporary housing or
12detention in county jails or county houses of correction for persons confined in a
13private prison, if the department assumes responsibility for the operation of the
14private prison under s. 301.378 (8). The rate under any such contract may not exceed
15$60 per person per day. Nothing in this section limits the authority of the department
16to place persons in jails under s. 301.048 (3) (a) 1.
AB519, s. 106
17Section
106. 302.386 (5) (e) of the statutes is created to read:
AB519,46,1818
302.386
(5) (e) An inmate of a private prison.
AB519, s. 107
19Section
107. 303.063 (1) of the statutes is amended to read:
AB519,46,2220
303.063
(1) The department may establish a secure work program for inmates
21of state prisons in which the inmates are assigned to work away from the grounds
22of the institution while appropriately restrained for security purposes.
AB519, s. 108
23Section
108. 303.069 (title) of the statutes is amended to read:
AB519,46,25
24303.069 (title)
Correctional
State correctional institution enterprises;
25activities of inmates.
AB519, s. 109
1Section
109. 304.06 (1) (b) of the statutes is amended to read:
AB519,47,162
304.06
(1) (b) Except as provided in sub. (1m) or s. 302.045 (3), 961.49 (2),
3973.01 (6) or 973.0135, the parole commission may parole an inmate of the Wisconsin
4state prisons or any felon or any person serving at least one year or more in a county
5house of correction or a county reforestation camp organized under s. 303.07, when
6he or she has served 25% of the sentence imposed for the offense, or 6 months,
7whichever is greater. Except as provided in s. 939.62 (2m) (c) or 973.014 (1) (b) or (c),
8(1g) or (2), the parole commission may parole an inmate
of a state prison serving a
9life term when he or she has served 20 years, as modified by the formula under s.
10302.11 (1) and subject to extension under s. 302.11 (1q) and (2), if applicable. The
11person serving the life term shall be given credit for time served prior to sentencing
12under s. 973.155, including good time under s. 973.155 (4). The secretary may grant
13special action parole releases under s. 304.02. The department or the parole
14commission shall not provide any convicted offender or other person sentenced to the
15department's custody any parole eligibility or evaluation until the person has been
16confined at least 60 days following sentencing.
AB519, s. 110
17Section
110. 447.06 (2) (a) 4. of the statutes is amended to read:
AB519,47,2118
447.06
(2) (a) 4. For a facility, as defined in s. 50.01 (1m), a hospital, as defined
19in s. 50.33 (2), a
state or federal prison,
county jail or other
federal, state, county or
20municipal correctional or detention facility, or a facility established to provide care
21for terminally ill patients.
AB519, s. 111
22Section
111. 782.01 (1) of the statutes is amended to read:
AB519,47,2523
782.01
(1) Every person restrained of personal liberty may prosecute a writ of
24habeas corpus to obtain relief from such restraint subject to ss. 782.02
, 782.46, 782.47
25and 974.06.
AB519, s. 112
1Section
112. 782.45 (title) of the statutes is amended to read:
AB519,48,3
2782.45 (title)
Witness fees, inmates of state institutions and private
3prisons.
AB519, s. 113
4Section
113. 782.45 (3) of the statutes is created to read:
AB519,48,105
782.45
(3) If an inmate of a private prison, as defined in s. 301.01 (2g), is
6brought into court in response to a writ of habeas corpus or subpoena in a civil action,
7the party requesting the presence of the inmate shall reimburse the private prison
8for the time of any private prison employe conducting the inmate and the actual and
9necessary traveling expenses incurred in taking the inmate into court on the process
10and returning the inmate to the institution.
AB519, s. 114
11Section
114. 782.47 of the statutes is created to read:
AB519,48,14
12782.47 Inapplicability to inmates of private prisons. An inmate of a
13private prison, as defined in s. 301.01 (2g), may not apply for or obtain relief from his
14or her confinement in the private prison under this chapter.
AB519, s. 115
15Section
115. 801.02 (7) (a) 1. of the statutes is amended to read:
AB519,48,2016
801.02
(7) (a) 1. "Correctional institution" means any state or local facility that
17incarcerates or detains any adult accused of, charged with, convicted of, or sentenced
18for any crime
, or any private prison. A correctional institution includes a Type 1
19prison, as defined in s. 301.01 (5), a Type 2 prison, as defined in s. 301.01 (6), a county
20jail and a house of correction.
AB519, s. 116
21Section
116. 801.02 (7) (a) 3. of the statutes is amended to read:
AB519,48,2522
801.02
(7) (a) 3. "Prison or jail conditions" means any matter related to the
23conditions of confinement or to the effects of actions by government officers,
24employes or agents
, or in the case of private prisons, employes or agents of the private
25prison, on the lives of prisoners.
AB519, s. 117
1Section
117. 801.02 (7) (a) 4. of the statutes is created to read:
AB519,49,22
801.02
(7) (a) 4. "Private prison" has the meaning given in s. 301.01 (2g).
AB519, s. 118
3Section
118. 801.02 (7) (a) 5. of the statutes is created to read:
AB519,49,44
801.02
(7) (a) 5. "Sending jurisdiction" has the meaning given in s. 301.371 (4).
AB519, s. 119
5Section
119. 801.02 (7) (b) of the statutes is renumbered 801.02 (7) (b) 1. and
6amended to read:
AB519,49,157
801.02
(7) (b) 1. No prisoner
who is an inmate of a state or local correctional
8institution may commence a civil action or special proceeding, including a petition
9for a common law writ of certiorari, with respect to the prison or jail conditions in the
10facility in which he or she is or has been incarcerated, imprisoned or detained until
11the person has exhausted all available administrative remedies that the department
12of corrections has promulgated by rule or, in the case of prisoners not in the custody
13of the department of corrections
or a private prison, that the sheriff, superintendent
14or other keeper of a jail or house of correction has reduced to writing and provided
15reasonable notice of to the prisoners.
AB519, s. 120
16Section
120. 801.02 (7) (b) 2. of the statutes is created to read:
AB519,49,2217
801.02
(7) (b) 2. No prisoner who is an inmate of a private prison may commence
18a civil action or special proceeding, including a petition for a common law writ of
19certiorari, with respect to the prison or jail conditions in the facility in which he or
20she is or has been incarcerated, imprisoned or detained until the person has
21exhausted all administrative remedies available under the law of the sending
22jurisdiction.
AB519, s. 121
23Section
121. 801.02 (7) (bm) (intro.) of the statutes is amended to read:
AB519,50,3
1801.02
(7) (bm) (intro.) A prisoner
who is an inmate of a state or local
2correctional institution commencing an action or special proceeding shall first
3comply with the provisions of s. 893.80 or 893.82 unless one of the following applies:
AB519, s. 122
4Section
122. 806.025 (1) of the statutes is amended to read:
AB519,50,65
806.025
(1) In this section, "prisoner" has the meaning given in s. 801.02 (7)
6(a) 2.
but does not include an inmate of a private prison, as defined in s. 301.01 (2g).
AB519, s. 123
7Section
123. 806.025 (3) of the statutes is created to read:
AB519,50,118
806.025
(3) If a court enters a judgment for a monetary award on behalf of an
9inmate of a private prison, as defined in s. 301.01 (2g), the court shall inform the
10sending jurisdiction, as defined in s. 301.371 (4), of the judgment prior to any
11payments being made to the inmate.
AB519, s. 124
12Section
124. 807.15 (1) of the statutes is amended to read:
AB519,50,1413
807.15
(1) In this section, "prisoner" has the meaning given in s.
801.02 (7) (a)
142. 806.025 (1).
AB519, s. 125
15Section
125. 813.40 (1) (b) 3. (intro.) of the statutes is amended to read:
AB519,50,2316
813.40
(1) (b) 3. (intro.) Does not require or permit a government official,
17employe or agent to exceed his or her authority or to violate a state law or local
18ordinance
and does not require or permit a government official, employe or agent of
19the sending jurisdiction, as defined in s. 301.371 (4), or a private prison, as defined
20in s. 301.01 (2g), or any of its employes to violate a state law or local ordinance or to
21violate any provision contained in a contract between the sending jurisdiction and
22the private prison that is required to be included in the contract under s. 301.374, 23unless all of the following apply:
AB519, s. 126
24Section
126. 814.29 (1m) (c) 2. of the statutes is amended to read:
AB519,51,4
1814.29
(1m) (c) 2. The prisoner authorizes in writing the agency
or person 2having custody of the prisoner's prison trust fund
or other such account to forward
3payments from the prisoner's account to the clerk of court each time the amount in
4the account exceeds $10 until the fees or costs are paid in full.
AB519, s. 127
5Section
127. 814.29 (1m) (e) of the statutes is amended to read:
AB519,51,136
814.29
(1m) (e) The agency
or person having custody of the prisoner shall
7freeze the prisoner's trust fund
or other such account until the deposits in that
8account are sufficient to pay the balance owed for the costs and fees. When the
9deposits in that account are sufficient to pay the balance owed for the court costs and
10fees, the agency shall forward that amount to the court. This paragraph does not
11prohibit the payment from the prisoner's trust fund account of court-ordered
12payments for child or family support, restitution or federal court fees or for the
13payments of debts owed to the department of corrections.
AB519, s. 128
14Section
128. 893.735 (1) of the statutes is amended to read:
AB519,51,1615
893.735
(1) In this section, "prisoner" has the meaning given in s.
801.02 (7)
16(a) 2. 806.025 (1).
AB519, s. 129
17Section
129. 898.01 of the statutes is amended to read:
AB519,51,22
18898.01 Discharge of persons confined for tort. Every person confined in
19jail on an execution issued on a judgment recovered in an action founded on a tort
20shall be discharged therefrom upon the conditions hereinafter specified.
This
21chapter does not apply to persons confined in a private prison, as defined in s. 301.01
22(2g).
AB519, s. 130
23Section
130. 940.20 (1) of the statutes is amended to read:
AB519,52,324
940.20
(1) Battery by prisoners. Any prisoner confined to a state prison
or
25other, a state, county or municipal detention facility
or a private prison, as defined
1in s. 301.01 (2g), who intentionally causes bodily harm to an officer, employe, visitor
2or another inmate of such prison
, facility or institution, without
his or her the consent
3of the person injured, is guilty of a Class D felony.
AB519, s. 131
4Section
131. 940.29 of the statutes is amended to read:
AB519,52,9
5940.29 Abuse of residents of penal facilities correctional institutions. 6Any person in charge of or employed in a
penal or correctional institution or other
7place of confinement who abuses, neglects or ill-treats any person confined in or a
8resident of any such institution or place or who knowingly permits another person
9to do so is guilty of a Class E felony.
AB519, s. 132
10Section
132. 941.237 (1) (b) of the statutes is amended to read:
AB519,52,1411
941.237
(1) (b) "Correctional officer" means any person employed by the state
12or any political subdivision as a guard or officer whose principal duties are the
13supervision and discipline of inmates.
"Correctional officer" includes an
14out-of-state correctional officer, as defined in s. 252.14 (1) (e).
AB519, s. 133
15Section
133. 941.29 (6) of the statutes is amended to read:
AB519,52,2116
941.29
(6) The prohibition against firearm possession under this section does
17not apply to any correctional officer employed
by the state or by a county, city, town
18or village of this state before May 1, 1982, who is required to possess a firearm as a
19condition of employment. This exemption applies if the officer is eligible to possess
20a firearm under any federal law and applies while the officer is acting in an official
21capacity.