AB519: Bill Text

AB519, s. 54 Section 54. 165.84 (4) of the statutes is amended to read:

AB519,23,10 165.84 (4) All persons in charge of state penal and correctional institutions shall obtain fingerprints, according to the fingerprint system of identification established by the director of the F.B.I., and full face and profile photographs of all persons received on commitment to these institutions. The prints and photographs so taken shall be forwarded to the department, together with any other identifying data requested, within 10 days after the arrival at the institution of the person committed. Full length photographs in release dress shall be taken immediately prior to the release of these persons from these state penal and correctional institutions. Immediately after release, these photographs shall be forwarded to the department.

AB519, s. 55 Section 55. 165.84 (5) of the statutes is amended to read:

AB519,23,18 165.84 (5) All persons in charge of law enforcement and tribal law enforcement agencies, all clerks of court, all municipal judges where they have no clerks, all persons in charge of state and county penal and correctional institutions, and all persons in charge of state and county probation, extended supervision and parole offices, shall supply the department with the information described in s. 165.83 (2) (f) on the basis of the forms and instructions to be supplied by the department under s. 165.83 (2) (g).

AB519, s. 56 Section 56. 227.43 (1) (bg) of the statutes is amended to read:

AB519,23,25 227.43 (1) (bg) Assign a hearing examiner to preside over any hearing or review under ss. 84.30 (18), 84.31 (6) (a), 85.013 (1), 86.073 (3), 86.16 (5), 86.195 (9) (b), 86.32 (1), 114.134 (4) (b), 114.135 (9), 114.20 (19), 175.05 (4) (b), 194.145 (1), 194.46, 218.01 (2) (bd) 2. and (c) 2., (3) (b), (c), (f) 1., (fm) 1. and (h) and (3c) (d), 218.11 (7) (a) and (b), 218.22 (4) (a) and (b), 218.32 (4) (a) and (b), 218.41 (4), 218.51 (5) (a) and (b), 301.373 (10) (a), 301.378 (7), 341.09 (2m) (d), 342.26, 343.69 and 348.25 (9).

AB519, s. 57 Section 57. 252.02 (4) of the statutes is amended to read:

AB519,24,12 252.02 (4) The department may promulgate and enforce rules or issue orders for guarding against the introduction of any communicable disease into the state, for the control and suppression of communicable diseases, for the quarantine and disinfection of persons, localities and things infected or suspected of being infected by a communicable disease and for the sanitary care of jails, state prisons, mental health institutions, schools, hotels and public buildings and connected premises. Any rule or order may be made applicable to the whole or any specified part of the state, or to any vessel or other conveyance. The department may issue orders for any city, village or county by service upon the local health officer. Rules that are promulgated and orders that are issued under this subsection supersede conflicting or less stringent local regulations, orders or ordinances.

AB519, s. 58 Section 58. 252.02 (5) of the statutes is amended to read:

AB519,24,21 252.02 (5) If any public officer or employe or any person in charge of any building, vessel, conveyance, jail, state prison, mental health institution or school fails to comply with a rule promulgated or order issued under sub. (4), the department may appoint an agent to execute its rules or orders. Expenses that an agent incurs shall be paid by the unit of government that employs the person or of which the public officer is a member. If the building, vessel, conveyance, mental health institution or school is privately owned the state shall pay the expenses that the agent incurs.

AB519, s. 59 Section 59. 252.06 (6) (b) of the statutes is amended to read:

AB519,25,6 252.06 (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.

AB519, s. 60 Section 60. 252.14 (1) (ad) of the statutes is renumbered 252.14 (1) (ad) (intro.) and amended to read:

AB519,25,10 252.14 (1) (ad) (intro.) "Correctional officer" has the meaning given in s. 301.28 (1) means any of the following:

AB519, s. 61 Section 61. 252.14 (1) (ad) 1. and 2. of the statutes are created to read:

AB519,25,12 252.14 (1) (ad) 1. A correctional officer, as defined in s. 301.28 (1).

AB519,25,13 2. An out-of-state correctional officer.

AB519, s. 62 Section 62. 252.14 (1) (e) of the statutes is created to read:

AB519,25,20 252.14 (1) (e) "Out-of-state correctional officer" means a person employed by the United States or one of its political subdivisions or a federally recognized American Indian tribe or band, other than a person employed by this state or a political subdivision of this state, as a guard or officer whose principal duties are supervision and discipline of persons in custody for the commission or alleged commission of a crime.

AB519, s. 63 Section 63. 252.14 (1) (f) of the statutes is created to read:

AB519,25,22 252.14 (1) (f) "Private prison" has the meaning given in s. 301.01 (2g).

AB519, s. 64 Section 64. 252.14 (2) (intro.) of the statutes is amended to read:

AB519,26,7 252.14 (2) (intro.) No health care provider, peace officer, fire fighter, correctional officer, private prison employe, state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper, home health agency, inpatient health care facility or person who has access to a validated test result may do any of the following with respect to an individual who has acquired immunodeficiency syndrome or has a positive test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV, solely because the individual has HIV infection or an illness or medical condition that is caused by, arises from or is related to HIV infection:

AB519, s. 65 Section 65. 252.14 (2) (am) of the statutes is amended to read:

AB519,26,12 252.14 (2) (am) If a peace officer, fire fighter, correctional officer, private prison employe, state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper, refuse to provide services to the individual.

AB519, s. 66 Section 66. 252.14 (2) (bm) of the statutes is amended to read:

AB519,26,17 252.14 (2) (bm) If a peace officer, fire fighter, correctional officer, private prison employe, state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper, provide services to the individual at a standard that is lower than that provided other individuals with like service needs.

AB519, s. 67 Section 67. 252.15 (1) (ab) of the statutes is amended to read:

AB519,26,25 252.15 (1) (ab) "Affected person" means an emergency medical technician, first responder, fire fighter, peace officer, correctional officer, person who is employed at a secured correctional facility, as defined in s. 938.02 (15m), or at a secured child caring institution, as defined in s. 938.02 (15g), private prison employe, state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper, health care provider, employe of a health care provider or staff member of a state crime laboratory.

AB519, s. 68 Section 68. 252.15 (1) (ad) of the statutes is renumbered 252.15 (1) (ad) (intro.) and amended to read:

AB519,27,4 252.15 (1) (ad) (intro.) "Correctional officer" has the meaning given in s. 301.28 (1) means any of the following:

AB519, s. 69 Section 69. 252.15 (1) (ad) 1. and 2. of the statutes are created to read:

AB519,27,6 252.15 (1) (ad) 1. A correctional officer, as defined in s. 301.28 (1).

AB519,27,7 2. An out-of-state correctional officer, as defined in s. 252.14 (1) (e).

AB519, s. 70 Section 70. 252.15 (1) (au) of the statutes is created to read:

AB519,27,9 252.15 (1) (au) "Private prison" has the meaning given in s. 301.01 (2g).

AB519, s. 71 Section 71. 252.15 (2) (a) 7. a. of the statutes is amended to read:

AB519,28,3 252.15 (2) (a) 7. a. If all of the conditions under subd. 7. ai. to c. are met, an emergency medical technician, first responder, fire fighter, peace officer, correctional officer, person who is employed at a secured correctional facility, as defined in s. 938.02 (15m), or at a secured child caring institution, as defined in s. 938.02 (15g), private prison employe, state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper who, during the course of providing care or services to an individual; or a peace officer, correctional officer, private prison employe, state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper who, while searching or arresting an individual or while controlling or transferring an individual in custody; or a health care provider or an employe of a health care provider who, during the course of providing care or treatment to an individual or handling or processing specimens of body fluids or tissues of an individual; or a staff member of a state crime laboratory who, during the course of handling or processing specimens of body fluids or tissues of an individual; is significantly exposed to the individual may subject the individual's blood to a test or a series of tests for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV and may receive disclosure of the results.

AB519, s. 72 Section 72. 301.01 (2) (e) of the statutes is created to read:

AB519,28,5 301.01 (2) (e) An inmate of a private prison.

AB519, s. 73 Section 73. 301.01 (2g) and (2m) of the statutes are created to read:

AB519,28,17 301.01 (2g) "Private prison" means a building, structure or facility that is used or is to be used for the confinement of one or more individuals who have been sentenced to a term of imprisonment for the commission of a crime and that is or will be operated in this state by a person other than the department, a law enforcement agency, as defined in s. 165.83 (1) (b), a county, a group of counties acting under s. 302.44, this state and a county or group of counties acting under s. 302.45, the United States or a federally recognized American Indian tribe or band in this state. "Private prison" does not include a building, structure or facility used or to be used solely to confine juveniles alleged or found to be delinquent or a building, structure or facility supervised, maintained and operated by a public, private or voluntary agency under contract with the department under s. 301.08 (1) (b) 2.

AB519,28,19 (2m) "Private prison operator" means a person licensed to operate a private prison under s. 301.378.

AB519, s. 74 Section 74. 301.03 (8m) of the statutes is created to read:

AB519,28,25 301.03 (8m) Supervise the design, construction and operation of private prisons under ss. 301.372 to 301.379. The department shall promulgate rules regarding the design, construction and operation of private prisons to ensure the protection of private prison employes and the public and to help facilitate the confinement, treatment and rehabilitation of inmates.

AB519, s. 75 Section 75. 301.03 (12) of the statutes is amended to read:

AB519,29,4 301.03 (12) Cooperate and coordinate its activities with other state and local agencies to provide educational, social, health and other services to offenders, other than inmates of a private prison, and except as provided in s. 302.386 (5).

AB519, s. 76 Section 76. 301.035 (2) of the statutes is amended to read:

AB519,29,8 301.035 (2) Assign hearing examiners from the division to preside over hearings under ss. 301.373 (10) (a), 301.378 (7), 302.11 (7), 938.357 (5), 973.10 and 975.10 (2) and ch. 304.

AB519, s. 77 Section 77. 301.035 (4) of the statutes is amended to read:

AB519,29,13 301.035 (4) Supervise employes in the conduct of the activities of the division and be the administrative reviewing authority for decisions of the division under ss. 301.373 (10) (a), 301.378 (7), 302.11 (7), 938.357 (5), 973.10, 973.155 (2) and 975.10 (2) and ch. 304.

AB519, s. 78 Section 78. 301.105 (intro.) of the statutes is amended to read:

AB519,29,18 301.105 Telephone company commissions. (intro.) The department shall collect moneys for commissions from telephone companies for contracts to provide telephone services to inmates prisoners. The department shall transmit those moneys to the state treasurer. The state treasurer shall do all of the following:

AB519, s. 79 Section 79. 301.287 of the statutes is amended to read:

AB519,29,22 301.287 Correctional officer overtime. The department shall maintain a central monitoring system to record the amount of overtime worked by correctional officers employed by the state.

AB519, s. 80 Section 80. 301.33 (2) of the statutes is amended to read:

AB519,29,25 301.33 (2) Every inmate prisoner shall receive, upon request, religious ministration and sacraments according to the inmate's prisoner's faith.

AB519, s. 81 Section 81. 301.33 (3) of the statutes is amended to read:

AB519,30,3 301.33 (3) Every inmate prisoner who requests it shall have the use of the Bible.

AB519, s. 82 Section 82. 301.36 (1) and (6) of the statutes are amended to read:

AB519,30,9 301.36 General supervision and inspection by department. (1) General authority. The department shall investigate and supervise all of the state correctional institutions, and all secure detention facilities and all private prisons and familiarize itself with all of the circumstances affecting their management and usefulness.

AB519,30,19 (6) Opportunity to inspect. All trustees, managers, directors, superintendents and other officers or employes of the institutions shall at all times afford to every member of the department and its agents, unrestrained facility for inspection of and free access to all parts of the buildings and grounds and to all books and papers of the institutions; and, in the case of private prisons, the books and papers of the private prison operator and shall give, either verbally or in writing, such information as the department requires. Any person who violates this subsection shall forfeit not less than $10 nor more than $100. A private prison operator may also be subject to enforcement proceedings and sanctions under s. 301.373 (10) for violations of this subsection.

AB519, s. 83 Section 83. 301.371 of the statutes is created to read:

AB519,30,21 301.371 Definitions. In this section and ss. 301.372 to 301.378:

AB519,30,23 (1) "Division" means the division of hearings and appeals in the department of administration.

AB519,30,24 (2) "Political subdivision of this state" means a city, village, town or county.

AB519,30,25 (3) "Security breach" means one of the following:

AB519,31,2 (a) A violation of s. 946.42 (3) by a person committed to a private prison by a sending jurisdiction.

AB519,31,4 (b) A disturbance at a private prison that places any person at imminent risk of great bodily harm, as defined in s. 939.22 (14).

AB519,31,8 (4) "Sending jurisdiction" means the United States or one of its political subdivisions or a federally recognized American Indian tribe or band that contracts with a private prison operator to confine persons in a private prison for the commission of a crime.

AB519, s. 84 Section 84. 301.372 of the statutes is created to read:

AB519,31,14 301.372 Private prison construction. No person may commence the construction of a private prison or the conversion of an existing building into a private prison without paying the license fee and any application fee set under 1999 Wisconsin Act .... (this act), section 151 (3), and obtaining a private prison construction license under s. 301.378.

AB519, s. 85 Section 85. 301.372 of the statutes, as created by 1999 Wisconsin Act .... (this act), is amended to read:

AB519,31,21 301.372 Private prison construction. No person may commence the construction of a private prison or the conversion of an existing building into a private prison without paying the license fee and any application fee set under 1999 Wisconsin Act .... (this act), section151 (3), s. 301.379 and obtaining a private prison construction license under s. 301.378.

AB519, s. 86 Section 86. 301.373 of the statutes is created to read:

AB519,31,24 301.373 Private prison operation. No person may operate a private prison unless the person complies with all of the following requirements:

AB519,32,6 (1) Compliance with license and applicable laws. A private prison operator shall maintain a private prison operating license and operate and maintain the private prison in a manner consistent with the operating license. A private prison operator shall comply with all laws relating to the design, construction and operation of the private prison, all rules promulgated by the department, all orders issued by the department under sub. (10) (a) 1. a. and all orders issued by the division.

AB519,32,15 (2) Insurance, indemnification and financial status reports. (a) A private prison operator shall periodically provide the department satisfactory proof of insurance or self-insurance in the form, manner and frequency required by the department. The insurance shall be in an amount sufficient, as determined by the department, to indemnify this state and its officers and employes and political subdivisions of this state and their officers and employes for any expenses, property damage, losses, liability, costs or attorney fees arising from acts or omissions of the private prison operator, prison employes or inmates in relation to the operation of the private prison.

AB519,32,20 (b) A private prison operator shall indemnify and hold harmless this state and its officers and employes and political subdivisions of this state and their officers and employes for any expenses, property damage, losses, liability, costs or attorney fees arising from acts or omissions of the private prison operator, prison employes or inmates in relation to the operation of the private prison.

AB519,32,22 (c) A private prison operator shall submit to the department financial status reports in the form and manner required by the department.

AB519,33,2 (3) Private prison employes. (a) A private prison operator may not assign a person responsibility for supervising or disciplining inmates until the person has completed a training program approved or provided by the department. If the department provides the training, the private prison operator shall pay a reasonable fee, which the department shall set by rule.

AB519,33,5 (b) A private prison operator may not employ a person at a private prison until the department of justice has completed a criminal history record search for the person.

AB519,33,8 (c) Notwithstanding s. 111.322, a private prison operator may not employ a person who has been convicted of a felony in this state or a violation of the law of another jurisdiction which, if committed in this state, would have been a felony.

AB519,33,11 (4) Security classification at private prisons. A private prison operator may not confine an inmate who would have a maximum security classification under the department's security classification system.

AB519,33,16 (5) Limits on subcontracting. A private prison operator may not subcontract with a person for the provision of goods or services on prison grounds without the prior written approval of the department. As a condition of its approval, the department may subject the subcontractor to any requirement of this section and s. 301.376 or to any department rule.

AB519,33,22 (6) Inmate leave. A private prison operator may not permit an inmate to leave the prison grounds during the time of the inmate's commitment to the private prison unless otherwise ordered by a court, unless approved in writing by the department or unless the inmate requires medical care unavailable within the private prison. The department shall promulgate rules regarding security for inmates permitted to leave the prison grounds under this subsection.

AB519,34,4 (7) Required plans; notice. A private prison operator shall have written plans, subject to department approval, regarding responding to security breaches, providing medical care to inmates outside of the private prison and transporting inmates to and from the private prison. A private prison operator shall provide written notice to the department if a private prison inmate is returned to the sending jurisdiction, is admitted to a state treatment facility, as defined in s. 51.01 (15), or dies.

AB519,34,6 (8) Designation of medical director. A private prison operator shall designate a licensed physician to act as the prison's medical director.

AB519,34,15 (9) Payments by private prison operator. (a) A private prison operator shall pay the fee for its private prison operating license and any application fee set under 1999 Wisconsin Act .... (this act), section 151 (3), all forfeitures, attorney fees, costs and other sanctions imposed under sub. (10), and all charges for which reimbursement or indemnification is required under this paragraph or par. (b) or sub. (2) (b). The private prison operator shall reimburse this state, the political subdivisions of this state and any local educational agency, as defined in s. 115.76 (10), for expenses they incur in connection with providing health, mental health or educational services to inmates of private prisons.