AB519: Bill Text

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.

AB519,35,2 (b) A private prison operator shall reimburse the state and the political subdivisions of this state for all court costs incurred in connection with any judicial or administrative proceeding involving the care and treatment of inmates of private prisons if the state or the political subdivision is not a party to the proceeding or is a prevailing party in the proceeding and the costs are not reimbursed by one of the parties to the proceeding. If the state, a political subdivision of this state, or a local educational agency, as defined in s. 115.76 (10), is a prevailing party in such a proceeding, the private prison shall also reimburse the state, the political subdivision of this state or the local educational agency for attorney fees and all other expenses incurred in connection with such a proceeding, if the attorney fees and other expenses are not reimbursed by any other party to the proceeding.

AB519,35,10 (10) Enforcement. (a) 1. The department may investigate violations of the terms of a private prison construction license or a private prison operating license, this section, s. 301.374 or 301.376, a department rule or an order issued by the department under this subd. 1. b. and statements made in an application for a private prison construction or operating license or for removal of a license. If the department determines that a violation has occurred or that a person issued a private prison construction or operating license made a material misstatement in an application for a license or for renewal of a license, it may do one of the following:

AB519,35,11 a. File a petition with the division seeking appropriate relief.

AB519,35,14 b. With the agreement of the person who committed the violation or who made the misstatement, enter an order providing an appropriate remedy for the violation or the misstatement.

AB519,35,23 2. If the division determines that a person has violated the terms of a private prison construction license or a private prison operating license, this section, s. 301.374 or 301.376, a department rule or an order issued by the department under subd. 1. b. or the continued licensing of a person who made a material misstatement in an application for a license or for renewal of a license or that a person issued a private prison construction or operating license made a material misstatement in an application for a license or for renewal of a license, the person shall forfeit not less than $100 nor more than $100,000 per violation or misstatement. Each day of continued violation constitutes a separate offense.

AB519,36,6 3. If the division determines that a violation of the terms of a private prison construction license or a private prison operating license, this section, s. 301.374 or 301.376, a department rule or an order issued by the department under subd. 1. b. or the continued licensing of a person who made a material misstatement in an application for a license or for renewal of a license may jeopardize public safety or the health or safety of prison staff or inmates, the division shall order the person to remedy the violation or the misstatement by a specific date or deny, limit, suspend or revoke the prison's operating license or both.

AB519,36,13 (b) If the department has reason to believe that any person is violating the terms of a private prison construction license or a private prison operating license, this section, s. 301.374 or 301.376, a department or an order issued by the department under par. (a) 1. b. rule, the department, the attorney general or the district attorney of the proper county may, in addition to any other remedies, bring an action in the name and on behalf of this state to enjoin the person from committing the violation.

AB519,36,17 (c) If the department is the prevailing party in any proceeding under this subsection, the person against whom the proceeding was brought shall pay all costs incurred and all attorneys' fees expended by the department in connection with its investigation and the proceedings.

AB519, s. 87 Section 87. 301.373 (9) (a) of the statutes, as created by 1999 Wisconsin Act .... (this act), is amended to read:

AB519,37,3 301.373 (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), section151 (3 ) s. 301.379, 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.

AB519, s. 88 Section 88. 301.374 of the statutes is created to read:

AB519,37,11 301.374 Private prison contracts. No private prison may accept an inmate except pursuant to a written contract meeting the requirements of this section. The contract shall contain provisions regarding delivery and retaking of inmates and any other matters necessary and appropriate to fix the obligations, responsibilities and rights of the sending jurisdiction and the private prison operator. The contract shall be subject to final approval by the department and shall contain substantially the following provisions:

AB519,37,17 (1) The department shall be a third party beneficiary under the contract. If the department assumes responsibility for the operation of the private prison under s. 301.378 (8), the department will assume the rights of the private prison operator under the contract, but no provisions of the contract, other than the obligation to provide care and treatment to inmates, shall be enforceable against the department. The department may assign its rights under the contract to any other person.

AB519,38,2 (2) Neither the sending jurisdiction nor the private prison operator may bring an inmate into this state without prior written notice to the department. The sending jurisdiction and the private prison operator shall provide the department of justice and the department of corrections all information requested regarding inmates confined or to be confined in a private prison. The department may direct the return of any inmate to the sending jurisdiction for any reason. The sending jurisdiction shall also resume physical custody of an inmate if the private prison operator returns the inmate to the sending jurisdiction because of a change in its licensed capacity under s. 301.378 (6) or upon the termination of the contract applicable to the inmate.

AB519,38,6 (4) The courts of the sending jurisdiction shall exercise concurrent jurisdiction over claims brought by inmates of private prisons regarding the conditions of confinement or under the laws or regulations of the sending jurisdiction. The sending jurisdiction shall provide a venue for such claims.

AB519,38,13 (5) If an inmate of a private prison files an action or special proceeding in this state which, if filed by a prisoner, as defined in s. 806.025 (1), who committed an offense after September 1, 1998, would subject the prisoner to sanctions under s. 807.15, or if an inmate of a private prison testifies falsely or otherwise knowingly offers false evidence or provides false information to a court of this state, the sending jurisdiction shall impose sanctions on the inmate of a private prison substantially similar to the sanctions to which the prisoner would be subject under s. 807.15.

AB519,38,16 (6) Any provision of the contract that is in conflict with or inconsistent with Wisconsin law or any order issued by or decision of either the department or the division shall be void.

AB519, s. 89 Section 89. 301.376 of the statutes is created to read:

AB519,38,22 301.376 Security and emergencies. (1) Use of firearms and force at private prisons. (a) The department shall promulgate rules regarding the possession of firearms and the use of force by private prison employes. No person may carry a firearm or use force at a private prison except in accordance with department rules.

AB519,39,2 (b) If a security breach occurs or if a prison employe discharges a firearm, the private prison operator shall immediately notify the department, the sheriff of the county in which the security breach or discharge has occurred and the local law enforcement agency for the city, village or town in which the security breach or discharge has occurred.

AB519,39,10 (2) Transporting inmates. The department shall promulgate rules regarding the transportation of inmates to and from private prisons. No person may transport an inmate to or from a private prison except in accordance with department rules. If a person transporting an inmate between a sending jurisdiction and a private prison discharges a firearm or if a person he or she is transporting escapes or causes death or serious bodily harm, he or she shall immediately notify the department, the sheriff of the county in which the incident occurs and the local law enforcement agency for the city, village or town in which the incident occurs.

AB519, s. 90 Section 90. 301.378 of the statutes is created to read:

AB519,39,19 301.378 Private prison licensing. (1) Application procedures. A person seeking a private prison construction license or a private prison operating license shall apply in the manner prescribed by the department. After applying for a license, the person shall cooperate fully with all reasonable requests of the department. The department may hold public hearings as part of its review of an application. The department may not issue a license unless the applicant complies with all applicable laws and department rules and pays the license fee and any application fee as set by the department.

AB519,39,25 (2) Inspection of private prison. As part of its review of an application for a private prison operating license, the department shall inspect the private prison with respect to public, inmate and prison staff safety, sanitation, adequacy and fitness for use as a prison and report any deficiency found to the applicant. The department may condition the issuance of a license on the applicant remedying the deficiency.

AB519,40,5 (3) Security level and capacity. Each operating license shall set the security levels at which the private prison may operate and the maximum number of inmates to be confined there. The department's determinations regarding security level and capacity shall be based on its review and investigation of the application for an operating license.

AB519,40,7 (4) Nontransferability. Licenses issued by the department under this section are not transferable.

AB519,40,11 (5) Renewal of private prison operating licenses. A private prison operating license shall be valid for one year, unless the department establishes a shorter term. The renewal of a private prison operating license is subject to the same requirements as those applicable to the initial issuance of such a license.

AB519,40,15 (6) Changes in licensed capacity. If the department reduces the number of inmates that a private prison may hold under its operating license, the private prison operator shall return inmates in excess of that number to the relevant sending jurisdictions within the time set by the department.

AB519,40,19 (7) Appeals. Any person aggrieved by a decision by the department under this section may appeal the order as a contested case under ch. 227 by filing with the division a request for a hearing within 30 days after the date of the department's written decision.

AB519,41,3 (8) Department takeover of private prison. If the division suspends or revokes a private prison operating license or if the private prison operating license is not renewed, the department shall assume responsibility for the operation of the prison. If the department assumes responsibility for the operation of the prison for any reason, the private prison operator shall be liable to the department for all costs incurred by the department in managing or hiring another person to manage the private prison, in addition to forfeitures, attorney fees, costs and other sanctions imposed under s. 301.373 (10) and any charges for which reimbursement is required under s. 301.373 (2) (b) or (9) (a) or (b).

AB519, s. 91 Section 91. 301.379 of the statutes is created to read:

AB519,41,6 301.379 License fee determination. The department shall include all of the following with each biennial budget request that it makes under s. 16.42:

AB519,41,10 (1) A recalculation of all costs the department includes in the budget request that are attributable to the review of applications for and issuance of private prison construction licenses, the review of applications for and issuance and renewals of private prison operating licenses and the supervision of private prisons.

AB519,41,24 (2) The fees to be charged for private prison construction licenses and private prison operating licenses, which shall reflect the approximate costs of the department that are attributable to its review of applications, its issuance of licenses and its regulation of private prisons. The department may recommend separate fees for an initial private prison operating license and for the renewal of a private prison operating license. The department may recommend variable fees for operating licenses based on the size of the prison and the costs that the department has incurred or anticipates it will incur in licensing or supervising individual licensees. The department may recommend a separate application fee to be paid upon the application for a private prison construction license or a private prison operating license or both, to cover its approximate costs of reviewing such applications. If the department imposes a separate application fee for either type of license, the department shall not consider the costs of reviewing applications in determining the relevant license fee.

AB519, s. 92 Section 92. 302.01 of the statutes is amended to read:

AB519,42,22 302.01 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, and any correctional institution that the department operates under s. 301.378 (8) are state prisons.

AB519, s. 93 Section 93. 302.02 (5) (a) of the statutes is amended to read:

AB519,43,3 302.02 (5) (a) Service of process may be made on the warden or superintendent of any prison named in s. 302.01 or a private prison as upon any other resident of this state.

AB519, s. 94 Section 94. 302.02 (5) (b) of the statutes is amended to read:

AB519,43,8 302.02 (5) (b) Except as provided in par. (a), service of process within any such state or private prison on any officer or employe or inmate thereof shall be made by the warden or superintendent or some person appointed by the warden or superintendent to serve process.

AB519, s. 95 Section 95. 302.055 of the statutes is amended to read:

AB519,43,14 302.055 Transfer of inmates to resource center. The department may transfer an inmate from a prison, jail or other criminal detention facility, other than a private prison, to the Wisconsin resource center if there is reason to believe that the inmate is in need of individualized care. The inmate is entitled to a transfer hearing by the department on the transfer to the Wisconsin resource center.

AB519, s. 96 Section 96. 302.07 of the statutes is amended to read:

AB519,43,22 302.07 Maintenance of order. The warden or superintendent shall maintain order, enforce obedience, suppress riots and prevent escapes. For such purposes the warden or superintendent of a state prison may command the aid of the officers of the institution and of persons outside of the prison; and any person who fails to obey such command shall be punished by imprisonment in the county jail not more than one year or by a fine not exceeding $500. The warden or superintendent of a state prison may adopt proper means to capture escaped inmates.

AB519, s. 97 Section 97. 302.09 of the statutes is amended to read:

AB519,44,2 302.09 Labor and communications. Inmates of a state prison shall be employed as provided in ch. 303. Communication shall not be allowed between inmates and any person outside the prison except as prescribed by the prison regulations.

AB519, s. 98 Section 98. 302.095 (2) of the statutes is amended to read:

AB519,44,14 302.095 (2) Any officer or other person who delivers or procures to be delivered or has in his or her possession with intent to deliver to any inmate confined in a jail or state prison, or who deposits or conceals in or about a jail or prison, or the precincts of a jail or prison, or in any vehicle going into the premises belonging to a jail or prison, any article or thing whatever, with intent that any inmate confined in the jail or prison shall obtain or receive the same, or who receives from any inmate any article or thing whatever with intent to convey the same out of a jail or prison, contrary to the rules or regulations and without the knowledge or permission of the sheriff or other keeper of the jail, in the case of a jail, or of the warden or superintendent of the prison, in the case of a prison, shall be imprisoned for not more than 2 years or fined not more than $500.

AB519, s. 99 Section 99. 302.095 (2) of the statutes, as affected by 1997 Wisconsin Act 283 and 1999 Wisconsin Act .... (this act), is repealed and recreated to read:

AB519,45,2 302.095 (2) Any officer or other person who delivers or procures to be delivered or has in his or her possession with intent to deliver to any inmate confined in a jail or prison, or who deposits or conceals in or about a jail or prison, or the precincts of a jail or prison, or in any vehicle going into the premises belonging to a jail or prison, any article or thing whatever, with intent that any inmate confined in the jail or prison shall obtain or receive the same, or who receives from any inmate any article or thing whatever with intent to convey the same out of a jail or prison, contrary to the rules or regulations and without the knowledge or permission of the sheriff or other keeper of the jail, in the case of a jail, or of the warden or superintendent of the prison, in the case of a prison, shall be imprisoned for not more than 3 years or fined not more than $500.

AB519, s. 100 Section 100. 302.11 (11) of the statutes is created to read:

AB519,45,4 302.11 (11) This section does not apply to an inmate of a private prison.

AB519, s. 101 Section 101. 302.12 (1) of the statutes is amended to read:

AB519,45,10 302.12 (1) The department may provide by rule for the payment of money to inmates of a state prison. The rate may vary for different prisoners in accordance with the pecuniary value of the work performed, willingness, and good behavior. The payment of money to inmates working in the prison industries shall be governed by s. 303.01 (4).

AB519, s. 102 Section 102. 302.13 of the statutes is amended to read:

AB519,45,17 302.13 Preservation of property an inmate brings to prison. The department shall preserve money and effects, except clothes, in the possession of an inmate when admitted to the a state prison and, subject to the crime victim and witness assistance surcharge under s. 973.045 (4) and the deoxyribonucleic acid analysis surcharge under s. 973.046, shall restore the money and effects to the inmate when discharged.

AB519, s. 103 Section 103. 302.14 of the statutes is amended to read:

AB519,46,2 302.14 Property of deceased inmates, parolees, probationers or persons on extended supervision, disposition. When an inmate of a state prison, a parolee of an institution a state prison, a person on extended supervision or a person on probation to the department dies leaving an estate of $150 or less in the trust of the warden, superintendent or secretary, the warden, superintendent or secretary shall try to determine whether or not the estate is to be probated. If probate proceedings are not commenced within 90 days, the warden, superintendent or secretary shall turn over the money or securities to the nearest of kin as evidenced by the records of the institution and the department.

AB519, s. 104 Section 104. 302.18 (1) of the statutes is amended to read:

AB519,46,5 302.18 (1) Inmates of a state prison may be transferred and retransferred to another prison by the department.

AB519, s. 105 Section 105. 302.27 of the statutes is amended to read:

AB519,46,16 302.27 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 state prisons or to the intensive sanctions program. The department may contract with local governments for temporary housing or detention in county jails or county houses of correction for persons confined in a private prison, if the department assumes responsibility for the operation of the private prison under s. 301.378 (8). 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.

AB519, s. 106 Section 106. 302.386 (5) (e) of the statutes is created to read:

AB519,46,18 302.386 (5) (e) An inmate of a private prison.

AB519, s. 107 Section 107. 303.063 (1) of the statutes is amended to read:

AB519,46,22 303.063 (1) The department may establish a secure work program for inmates of state prisons in which the inmates are assigned to work away from the grounds of the institution while appropriately restrained for security purposes.

AB519, s. 108 Section 108. 303.069 (title) of the statutes is amended to read:

AB519,46,25 303.069 (title) Correctional State correctional institution enterprises; activities of inmates.

AB519, s. 109 Section 109. 304.06 (1) (b) of the statutes is amended to read:

AB519,47,16 304.06 (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 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 of a state prison 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.

AB519, s. 110 Section 110. 447.06 (2) (a) 4. of the statutes is amended to read:

AB519,47,21 447.06 (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 or detention facility, or a facility established to provide care for terminally ill patients.

AB519, s. 111 Section 111. 782.01 (1) of the statutes is amended to read:

AB519,47,25 782.01 (1) Every person restrained of personal liberty may prosecute a writ of habeas corpus to obtain relief from such restraint subject to ss. 782.02, 782.46, 782.47 and 974.06.

AB519, s. 112 Section 112. 782.45 (title) of the statutes is amended to read:

AB519,48,3 782.45 (title) Witness fees, inmates of state institutions and private prisons.

AB519, s. 113 Section 113. 782.45 (3) of the statutes is created to read:

AB519,48,10 782.45 (3) If an inmate of a private prison, as defined in s. 301.01 (2g), is brought into court in response to a writ of habeas corpus or subpoena in a civil action, the party requesting the presence of the inmate shall reimburse the private prison for the time of any private prison employe 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.

AB519, s. 114 Section 114. 782.47 of the statutes is created to read: