November 4, 1999 - Introduced by Senator Breske. Referred to Committee on
Insurance, Tourism, Transportation and Corrections.
SB277,2,2
1An Act to repeal 13.093 (2) (c), 13.48 (27) and 20.410 (1) (ed);
to amend 13.093
2(1), 13.48 (19), 302.01, 302.11 (1g) (am), 302.11 (1p), 302.11 (1z), 938.183 (3),
3973.01 (1), 973.0135 (2) (intro.), 973.014 (1) (intro.), 973.014 (1) (c), 973.014 (1g)
4(a) (intro.), 973.032 (1) and 973.15 (6);
to create 13.093 (3) and (4), 20.924 (1)
5(i), 301.028, 301.08 (1m), 301.18 (1g) and 301.235 (2) (dm) of the statutes; and
6to affect 1997 Wisconsin Act 275, section
8m (1r) (a),
1997 Wisconsin Act 275,
7section
9g (1p) and
1997 Wisconsin Act 283, section
456 (1);
relating to: the
8lease and acquisition of privately built correctional facilities; fiscal estimates
9for bills containing criminal penalty provisions; the provision of medical
10services to prisoners; correctional institution placements of prisoners by the
11department of corrections; the effective date of various changes to felony
1penalties and to the structure of sentences of imprisonment in felony cases; and
2providing penalties.
Analysis by the Legislative Reference Bureau
This bill relates to the lease or acquisition by the state of privately constructed
correctional facilities, the selection criteria to be used in determining institutional
placements for prisoners, the provision of medical services to prisoners, the
consideration by the legislature of bills containing a penalty provision and the
effective date of certain changes to felony penalties and to the structure of sentences
of imprisonment in felony cases.
Privately constructed correctional institutions
Under current law, the building commission is authorized to lease facilities for
use by the department of corrections (DOC). This bill prohibits the building
commission from leasing or acquiring a privately built adult or juvenile correctional
facility unless the facility was under construction before October 1, 1999. If
construction began before October 1, 1999, the department of administration (DOA)
must attempt to negotiate with the owner of the correctional facility to lease the
facility. If DOA successfully negotiates a lease, the lease is subject to approval by the
building commission and the joint committee on finance (JCF).
These provisions do not apply to a correctional facility built for a county, a group
of counties, the United States or a federally recognized American Indian tribe or
band in this state.
Placement criteria for prisoners
Under current law, DOC has the duty to supervise the custody and discipline
of prisoners sentenced to prison. As part of this duty, DOC conducts an assessment
and evaluation of each prisoner shortly after the prisoner is committed to the state
prison system. The assessment and evaluation process includes establishing a
security classification for the prisoner, determining which correctional institution
the prisoner will be placed in and deciding the prisoner's correctional programming
assignments.
This bill requires DOC to consider the following criteria, in the following
priority, when deciding the correctional institution in which to place a prisoner: 1)
public safety; 2) the availability of, and the prisoner's preference for, placement in
a correctional institution in this state; 3) the availability of education, treatment and
other rehabilitative programs that are appropriate for the prisoner; and 4) any other
factors that DOC considers appropriate to consider in order to discharge its duties
and further its mission and goals.
Medical services
Under current law, DOC may contract with public, private and voluntary
agencies and vendors for the provision of certain services. DOC is also obligated
under current law to provide appropriate medical care for prisoners. Under this bill,
DOC must provide primary medical care to prisoners exclusively through employes
of DOC. Primary care is defined under the bill to mean basic health care services,
including general assessment, treatment and management of common acute and
chronic physical and mental health conditions, health promotion and disease
prevention, routine prenatal and postpartum care and the referral to a specialist for
physical and mental health services.
Fiscal estimates for crime bills
Under current law, all bills introduced in either house of the legislature that
appropriate money, provide for revenue or relate to taxation must be referred to JCF
before being passed. In addition, current law requires that a fiscal estimate be
prepared for any bill that makes an appropriation or that increases or decreases
existing appropriations or state or general local government fiscal liability or
revenues. A fiscal estimate must incorporate a reliable estimate of the anticipated
change in appropriation authority or fiscal liability or revenue and, to the extent
possible, must project such changes in future fiscal years. Fiscal estimates are
prepared by the state agencies administering the appropriation or fund or collecting
the revenue or having information concerning the subject matter of the bill. A bill
containing a penalty provision is exempt from the fiscal estimate requirement if it
contains no other provisions that require a fiscal estimate.
This bill eliminates the current exemption from the fiscal estimate requirement
for bills containing a penalty provision. In addition, the bill requires a correctional
fiscal estimate to be prepared for any bill that does any of the following: 1) creates
a criminal offense that is punishable by imprisonment in a state prison or placement
in a juvenile correctional institution; 2) increases the period of imprisonment or the
period of placement in a juvenile correctional institution that may be imposed for an
offense; 3) requires a person to be sentenced to state prison or placed in a juvenile
correctional institution; or 4) otherwise affects a penalty provision in a way that will
increase the number of persons on probation, parole or extended supervision or in the
juvenile correctional system.
To prepare a correctional fiscal estimate, the affected state agencies must make
projections of the impact of the bill on the number of persons on probation, parole or
extended supervision, the number of persons in prison and the number of persons in
the juvenile correctional system. The agencies must also estimate the fiscal impact
of any projected population changes. Finally, the agencies must specify the
methodologies and assumptions that they used to make the population projections
and the estimate of the fiscal impact. The agencies then provide this information to
the legislative fiscal bureau (LFB), which in turn has five working days to review the
information and consult with the agencies concerning the projections and estimates.
After the LFB review period, the affected agencies must submit a completed
correctional fiscal estimate to the LFB and the legislative reference bureau (LRB)
and the LFB must submit a statement of its review of the correctional fiscal estimate
to the LRB. The completed correctional fiscal estimate must provide an estimate of
the anticipated state fiscal liability for correctional capital and operational costs
under the bill, including a projection of such costs for the fiscal year in which the bill
takes effect and the nine succeeding fiscal years.
If a bill requires a correctional fiscal estimate, the estimate must be
incorporated into the bill before any public hearing on the bill in a standing
committee, before any vote is taken in a standing committee if no public hearing is
held, or before any vote is taken on the bill by either house of the legislature if the
bill is not referred to a standing committee. In addition, a bill that requires a
correctional fiscal estimate must be referred to JCF.
Finally, under this bill, if an amendment to the biennial budget bill meets the
criteria of a bill requiring a correctional fiscal estimate, the amendment may not be
voted on by either house of the legislature unless the provisions of the amendment
that require a correctional fiscal estimate are identical to the provisions of a bill for
which a correctional fiscal estimate has been prepared.
Truth in sentencing delay
1997 Wisconsin Act 283 (often called the "truth in sentencing" act) changed
felony penalties and created a new structure for sentences of imprisonment for felony
offenses. Specifically,
1997 Wisconsin Act 283 did all of the following:
1. The Act increased the maximum terms of imprisonment for all felonies that
are committed on or after December 31, 1999.
2. The Act provided that if a court chooses to sentence a felony offender to
imprisonment in state prison for a felony committed on or after December 31, 1999,
that is not punishable by life in prison, the court must do so by imposing a bifurcated
sentence that includes a term of confinement in prison followed by a term of
community supervision (called "extended supervision"). The person must serve the
entire term of confinement in prison and is not eligible for parole. During the term
of extended supervision, the person is subject to supervision by DOC and is subject
to conditions set by both the court and DOC. If a person violates a condition or rule
of extended supervision, the person's extended supervision may be revoked and the
person may be returned to serve a period of time in prison.
3. The Act provided that a person sentenced to life imprisonment for a felony
committed on or after December 31, 1999, is not eligible for parole. Instead, the court
that is sentencing the person to life imprisonment must provide that the person is
eligible for release to extended supervision after serving 20 years, must set a date on
which the person becomes eligible for extended supervision, as long as that date
requires the person to serve at least 20 years, or must provide that the person is not
eligible for extended supervision. A person sentenced to life who is released to
extended supervision is on extended supervision for the remainder of his or her life
and, like a person on extended supervision under a bifurcated sentence, may have
his or her extended supervision revoked and be returned to prison if he or she violates
a condition or rule of extended supervision.
This bill provides that the changes made by
1997 Wisconsin Act 283 take effect
on July 1, 2000, instead of December 31, 1999.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB277, s. 1
1Section
1. 13.093 (1) of the statutes is amended to read:
SB277,5,52
13.093
(1) All bills introduced in either house of the legislature for the
3appropriation of money, providing for revenue or relating to taxation
or that require
4a correctional fiscal estimate under sub. (3) shall be referred to the joint committee
5on finance before being passed.
SB277, s. 2
6Section
2. 13.093 (2) (c) of the statutes is repealed.
SB277, s. 3
7Section
3. 13.093 (3) and (4) of the statutes are created to read:
SB277,6,28
13.093
(3) (a) All bills introduced in either house of the legislature that create
9a criminal offense for which a sentence to a state prison or a disposition of placement
10in a juvenile correctional facility may be imposed, that increase the period of
11imprisonment in a state prison or placement in a juvenile correctional facility for an
12existing criminal offense, that require a person to be sentenced to imprisonment in
13a state prison or a juvenile to be placed in a juvenile correctional facility, or that
14otherwise affect a penalty provision that increases the statewide probation, parole,
15extended supervision or juvenile corrections population shall incorporate a
16correctional fiscal estimate before any vote is taken on the bill by either house of the
17legislature, if the bill is not referred to a standing committee, before any public
18hearing is held before a standing committee or, if no public hearing is held, before any
19vote is taken by the standing committee. The correctional fiscal estimate shall
20estimate the anticipated state fiscal liability for correctional capital and operational
21costs under the bill and shall include a projection of such costs for the fiscal year in
1which the bill becomes effective and the 9 succeeding fiscal years. Correctional fiscal
2estimates shall be prepared as follows:
SB277,6,163
1. Upon receiving a copy of a bill under par. (c), the department of
4administration shall determine which departments or agencies are responsible for
5preparing the correctional fiscal estimate. The departments or agencies responsible
6for preparing the correctional fiscal estimate shall submit to the legislative fiscal
7bureau projections of the impact on statewide probationer, prisoner, parolee,
8extended supervision and juvenile corrections populations, an estimate of the fiscal
9impact of such population changes on state expenditures and a statement of the
10methodologies and assumptions used in making the population projections and
11estimates of fiscal impact. In preparing this information, a department or agency
12may request information from other departments or agencies. If a specific estimate
13cannot be determined, the departments or agencies shall provide an estimated cost
14range. The departments or agencies shall submit this information to the legislative
15fiscal bureau within 5 working days after the departments or agencies receive a copy
16of the bill.
SB277,6,2317
2. The legislative fiscal bureau shall review the information received from the
18departments or agencies under subd. 1. The legislative fiscal bureau shall consult
19with the departments or agencies from which information was received under subd.
201. and the departments or agencies shall provide information as requested by the
21legislative fiscal bureau as necessary to complete the review. Such review shall be
22completed within 5 working days from the date on which the legislative fiscal bureau
23receives the information under subd. 1.
SB277,7,524
3. The departments or agencies preparing information under subd. 1. shall
25prepare a correctional fiscal estimate and submit it to the legislative reference
1bureau and the legislative fiscal bureau within 3 working days after the date on
2which the legislative fiscal bureau's review period under subd. 2. ends. If a
3department or agency cannot make a specific estimate, the department or agency
4shall establish assumptions, including population estimates, that allow a projection
5to be made and provide an estimated cost range.
SB277,7,86
4. The legislative fiscal bureau shall prepare a statement of its review of the
7correctional fiscal estimate and submit it to the legislative reference bureau within
82 working days after receiving the correctional fiscal estimate.
SB277,7,119
(b) The legislature shall reproduce and distribute correctional fiscal estimates
10under par. (a) 3. and statements under par. (a) 4. in the same manner as it reproduces
11and distributes amendments.
SB277,7,1712
(c) The legislative reference bureau shall determine whether a bill draft
13requires a correctional fiscal estimate. A bill draft that requires a correctional fiscal
14estimate under this subsection shall have that requirement noted on its jacket when
15the jacket is prepared. When a bill that requires a correctional fiscal estimate under
16this subsection is introduced, the legislative reference bureau shall submit a copy of
17the bill to the legislative fiscal bureau and the department of administration.
SB277,7,22
18(4) Neither house of the legislature may vote on an amendment to the executive
19budget bill or a bill introduced under s. 16.47 if the amendment meets the criteria
20of a bill that requires a correctional fiscal estimate under sub. (3) unless the only
21provisions in the amendment are identical to the provisions of a bill introduced in the
22same legislative session for which the requirements under sub. (3) have been met.
SB277, s. 4
23Section
4. 13.48 (19) of the statutes is amended to read:
SB277,8,924
13.48
(19) Whenever the building commission determines that the use of
25innovative types of design and construction processes will make better use of the
1resources and technology available in the building industry, the building commission
2may waive any or all of s. 16.855 if such action is in the best interest of the state and
3if the waiver is accomplished through formal action of the building commission.
The 4Subject to the requirements of s. 20.924 (1) (i), the building commission may
5authorize the lease, lease purchase or acquisition of such facilities constructed in the
6manner authorized by the building commission.
The
Subject to the requirements of
7s. 20.924 (1) (i), the building commission may also authorize the lease, lease purchase
8or acquisition of existing facilities in lieu of state construction of any project
9enumerated in the authorized state building program.
SB277, s. 5
10Section
5. 13.48 (27) of the statutes is repealed:
SB277, s. 6
11Section
6. 20.410 (1) (ed) of the statutes is repealed.
SB277, s. 7
12Section
7. 20.924 (1) (i) of the statutes is created to read:
SB277,8,1913
20.924
(1) (i) May not lease or acquire or authorize the leasing or acquisition
14of any building, structure or facility or portion thereof for initial occupancy by the
15department of corrections for the purpose of confining persons serving a sentence of
16imprisonment to the Wisconsin state prisons under ch. 973 or for the purpose of
17confining juveniles alleged or found to be delinquent unless the construction of the
18building, structure or facility or its conversion into a correctional facility began
19before October 1, 1999.
SB277, s. 8
20Section
8. 301.028 of the statutes is created to read:
SB277,8,23
21301.028 Institutional placement criteria. When deciding the correctional
22institution in which to place a prisoner in its custody, the department shall consider
23all of the following criteria, in the order of priority stated:
SB277,8,24
24(1) Public safety.
SB277,9,2
1(2) The availability of, and the prisoner's preference for, placement in a
2correctional institution in this state.
SB277,9,4
3(3) The availability of education, treatment and other rehabilitative programs
4that are appropriate for the prisoner.
SB277,9,6
5(4) Any other factors that the department considers appropriate to consider in
6order to discharge its duties and further its mission and goals.
SB277, s. 9
7Section
9. 301.08 (1m) of the statutes is created to read:
SB277,9,128
301.08
(1m) (a) In this subsection, "primary care" means basic health care
9services, including general assessment, treatment and management of common
10acute and chronic physical and mental health conditions, health promotion and
11disease prevention, routine prenatal and postpartum care and the referral to a
12specialist for physical and mental health services.
SB277,9,1413
(b) Notwithstanding sub. (1), the department shall provide primary care to
14inmates of a Type 1 prison exclusively through employes of the department.
SB277, s. 10
15Section
10. 301.18 (1g) of the statutes is created to read:
SB277,9,1816
301.18
(1g) The department of administration may acquire or lease
17correctional facilities defined under 1999 Wisconsin Act .... (this act), section 35 (1)
18(b).
SB277, s. 11
19Section
11. 301.235 (2) (dm) of the statutes is created to read:
SB277,9,2220
301.235
(2) (dm) The department may not lease any building or any portion of
21a building under this section unless the construction of the building or its conversion
22into a correctional facility began before October 1, 1999.
SB277,10,22
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 institutions authorized under s. 301.16 (1n) and (1v), correctional
17institution authorized under
1997 Wisconsin Act 4, section
4 (1) (a), correctional
18institution authorized under s. 301.046 (1), correctional institution authorized under
19s. 301.048 (4) (b), minimum security correctional institutions authorized under s.
20301.13, the probation and parole holding facilities authorized under s. 301.16 (1q)
,
21any correctional institution acquired or leased under s. 301.18 (1g) and state-local
22shared correctional facilities when established under s. 301.14, are state prisons.
SB277, s. 13
23Section
13. 302.11 (1g) (am) of the statutes is amended to read:
SB277,11,224
302.11
(1g) (am) The mandatory release date established in sub. (1) is a
25presumptive mandatory release date for an inmate who is serving a sentence for a
1serious felony committed on or after April 21, 1994, but before
December 31, 1999 2July 1, 2000.
SB277, s. 14
3Section
14. 302.11 (1p) of the statutes is amended to read:
SB277,11,74
302.11
(1p) An inmate serving a term subject to s. 961.49 (2) for a crime
5committed before
December 31, 1999 July 1, 2000, is entitled to mandatory release,
6except the inmate may not be released before he or she has complied with s. 961.49
7(2).
SB277, s. 15
8Section
15. 302.11 (1z) of the statutes is amended to read:
SB277,11,119
302.11
(1z) An inmate who is sentenced to a term of confinement in prison
10under s. 973.01 for a felony that is committed on or after
December 31, 1999 July 1,
112000, is not entitled to mandatory release on parole under this section.
SB277, s. 16
12Section
16. 938.183 (3) of the statutes is amended to read:
SB277,11,2013
938.183
(3) When a juvenile who is subject to a criminal penalty under sub.
14(1m) or (2) attains the age of 17 years, the department may place the juvenile in a
15state prison named in s. 302.01. If a juvenile who is subject to a criminal penalty
16under sub. (1m) or (2) is 15 years of age or over, the department may transfer the
17juvenile to the Racine youthful offender correctional facility named in s. 302.01 as
18provided in s. 938.357 (4) (d). A juvenile who is subject to a criminal penalty under
19sub. (1m) or (2) for an act committed before
December 31, 1999 July 1, 2000, is
20eligible for parole under s. 304.06.
SB277, s. 17
21Section
17. 973.01 (1) of the statutes is amended to read:
SB277,12,222
973.01
(1) Bifurcated sentence required. Except as provided in sub. (3),
23whenever a court sentences a person to imprisonment in the Wisconsin state prisons
24for a felony committed on or after
December 31, 1999 July 1, 2000, the court shall
1impose a bifurcated sentence that consists of a term of confinement in prison followed
2by a term of extended supervision under s. 302.113.
SB277, s. 18
3Section
18. 973.0135 (2) (intro.) of the statutes is amended to read:
SB277,12,84
973.0135
(2) (intro.) Except as provided in sub. (3), when a court sentences a
5prior offender to imprisonment in a state prison for a serious felony committed on or
6after April 21, 1994, but before
December 31, 1999 July 1, 2000, the court shall make
7a parole eligibility determination regarding the person and choose one of the
8following options:
SB277, s. 19
9Section
19. 973.014 (1) (intro.) of the statutes is amended to read:
SB277,12,1310
973.014
(1) (intro.) Except as provided in sub. (2), when a court sentences a
11person to life imprisonment for a crime committed on or after July 1, 1988, but before
12December 31, 1999 July 1, 2000, the court shall make a parole eligibility
13determination regarding the person and choose one of the following options:
SB277, s. 20
14Section
20. 973.014 (1) (c) of the statutes is amended to read:
SB277,12,1715
973.014
(1) (c) The person is not eligible for parole. This paragraph applies only
16if the court sentences a person for a crime committed on or after August 31, 1995, but
17before
December 31, 1999 July 1, 2000.
SB277, s. 21
18Section
21. 973.014 (1g) (a) (intro.) of the statutes is amended to read:
SB277,12,2219
973.014
(1g) (a) (intro.) Except as provided in sub. (2), when a court sentences
20a person to life imprisonment for a crime committed on or after
December 31, 1999 21July 1, 2000, the court shall make an extended supervision eligibility date
22determination regarding the person and choose one of the following options:
SB277, s. 22
23Section
22. 973.032 (1) of the statutes is amended to read:
SB277,13,424
973.032
(1) Sentence. Beginning July 1, 1992, a court may sentence a person
25who is convicted of a felony occurring on or after August 15, 1991, but before
1December 31, 1999 July 1, 2000, to participate in the intensive sanctions program
2under s. 301.048. If a person is convicted of a felony occurring on or after
3December 31, 1999 July 1, 2000, a court may not sentence the person to participate
4in the intensive sanctions program under s. 301.048.
SB277, s. 23
5Section
23. 973.15 (6) of the statutes is amended to read:
SB277,13,96
973.15
(6) Sections 302.11 and 304.06 are applicable to an inmate serving a
7sentence to the Wisconsin state prisons for a crime committed before
8December 31, 1999 July 1, 2000, but confined in a federal institution or an
9institution in another state.
SB277,13,1511[
1997 Wisconsin Act 275] Section 8m (1r) (a) If 1997 Assembly Bill 351 is
12enacted into law and it creates sections 302.113 and 973.01 of the statutes as shown
13by Senate Substitute Amendment 1 to 1997 Assembly Bill 351, then the repeal and
14recreation by this act of section 939.615 (3) (b) of the statutes and
Section 9g (1p) of
15this act take effect on
December 31, 1999 July 1, 2000.
SB277,13,1817[
1997 Wisconsin Act 275] Section 9g (1p) The repeal and recreation of section
18939.615 (3) (b) of the statutes takes effect on
December 31, 1999 July 1, 2000.