301.03 (19) Work
with the parole commission to minimize, to the greatest extent possible, the residential population density of sex offenders, as defined in s. 302.116 (1) (b), who are on probation, parole, or extended supervision or placed on supervised release under s. 980.06 (2) (c), 1997 stats., or 980.08 (5).
16,3329p
Section 3329p. 301.03 (19m) of the statutes is created to read:
301.03 (19m) Examine the allocation of mental health services within the department to ensure that, within available resources, the mental health needs of inmates are met in an equitable and efficient manner and evaluate the effectiveness of providing for those needs in an equitable and efficient manner.
16,3329q
Section 3329q. 301.03 (20) of the statutes is created to read:
301.03 (20) Require a physician to randomly review on a regular basis the medical charts of inmates to ensure that proper medical procedures are followed in the provision of medical care to those inmates and evaluate the outcome and findings of those medical chart reviews.
16,3329r
Section 3329r. 301.03 (21) of the statutes is created to read:
301.03 (21) Prepare written contracts for all health care providers that deliver basic health care services at correctional facilities.
16,3329s
Section 3329s. 301.03 (22) of the statutes is created to read:
301.03 (22) Submit all contracts, agreements, or extensions of contracts or agreements for the delivery of health care services at correctional facilities that exceed $500,000 to the joint committee on finance for that committee's review and approval.
16,3329t
Section 3329t. 301.03 (23) of the statutes is created to read:
301.03 (23) Negotiate in all contracts entered into on or after the effective date of this subsection .... [revisor inserts date], with hospitals that provide inmate care a provision that the hospital will accept the medical assistance reimbursement rate under s. 49.45 for all inmates eligible for that program and evaluate the outcome of those negotiation efforts.
16,3329u
Section 3329u. 301.03 (24) of the statutes is created to read:
301.03 (24) In cooperation with the department of health and family services, explore options for determining the medical assistance eligibility of inmates and evaluate the progress of the efforts made to determine that eligibility.
16,3329x
Section 3329x. 301.03 (25) of the statutes is created to read:
301.03 (25) Jointly, with the department of health and family services, develop a gender-specific program for addressing the individual treatment needs of female inmates.
16,3330c
Section 3330c. 301.03 (30) of the statutes is created to read:
301.03 (30) Create and maintain an inmate tracking system that includes the inmate's criminal history, medical and mental health history, alcohol and other drug abuse history, victimization history, violence history, education and vocational history, religion, marital status, and status of all of his or her children.
16,3330d
Section 3330d. 301.03 (31) of the statutes is created to read:
301.03 (31) Collect and maintain information that determines the number of inmates that return to prison due to a probation or parole revocation and whether the revocation is due to the inmate committing a new crime or violating a condition or rule of probation or parole.
16,3330e
Section 3330e. 301.03 (32) of the statutes is created to read:
301.03 (32) On its Internet web site that is accessible to the public, publish statistical information regarding adult corrections, including the total adult population; adult population in each institution; commitments to the adult correctional system; releases from the adult correctional system; average adult inmate sentence length; and offenses, race, gender, educational level, marital status, parental status, religion, and county of commitment of adult inmates.
16,3330f
Section 3330f. 301.03 (33) of the statutes is created to read:
301.03 (33) On its Internet web site that is accessible to the public, publish statistical information regarding juvenile corrections, including the total juvenile population; juvenile population in each institution; average juvenile population; admissions to the juvenile correctional system; releases from the juvenile correctional system; and offenses, race, gender, average age, and county of commitment of juveniles.
16,3330g
Section 3330g. 301.03 (34) of the statutes is created to read:
301.03
(34) Comply with guidelines established by the U.S. attorney general under
42 USC 13704 (2) in reporting, on a quarterly basis, information regarding the death of any person in the custody of the department, including inmates incarcerated in facilities located outside this state, and provide this information to the Wisconsin attorney general at the same time that it is submitted to the U.S. attorney general.
16,3333j
Section 3333j. 301.047 of the statutes is created to read:
301.047 Inmate rehabilitation and aftercare. (1) Program. The department may permit one or more nonprofit community-based organizations meeting the requirements of this section to operate an inmate rehabilitation program in any department facility if the department determines that operation of that program does not constitute a threat to the security of the facility or the safety of inmates or the public and that operation of the program is in the best interest of the inmates.
(2) Program requirements. (a) An organization seeking to operate a rehabilitation program under sub. (1) shall submit to the department a detailed proposal for the operation of the program. The proposal shall include all of the following:
1. A description of the services to be provided, including aftercare services, and a description of the geographic area in which aftercare services will be provided.
2. A description of the activities to be undertaken and the approximate daily schedule of programming for inmates participating in the program.
3. A statement of the qualifications of the individuals providing services.
4. A statement of the organization's policies regarding eligibility of inmates to participate in the program.
5. A statement of the goals of the program.
6. A description of the methods by which the organization will evaluate the effectiveness of the program in attaining the goals under subd. 5.
7. Any other information specified by the department.
(b) An organization seeking to operate a rehabilitation program under sub. (1) shall agree in writing to all of the following:
1. The organization may not receive compensation from the department for services provided in the rehabilitation program.
2. The organization may not deny an inmate the opportunity to participate in the program for any reason related to the inmate's religious beliefs or nonbelief.
3. An inmate may stop participating in the program at any time.
4. Upon the inmate's release, the organization shall provide community-based aftercare services for each inmate who completes the program and who resides in the geographic area described in par. (a) 1.
(3) Duties and authority of the department. (a) The department shall establish policies that provide an organization operating a rehabilitation program under sub. (1) reasonable access to inmates.
(b) The department shall designate a specific portion of the facility for operation of a rehabilitation program, if one is established, under sub. (1). To the extent possible, inmates participating in the program shall be housed in the portion of the facility in which the program is operated.
(c) The department may not require an inmate to participate in a rehabilitation program under sub. (1).
(d) The department may not base any decision regarding an inmate's conditions of confinement, including discipline, or an inmate's eligibility for release, on an inmate's decision to participate or not to participate in a rehabilitation program under sub. (1).
(e) The treatment of inmates, including the provision of housing, activities in which an inmate may participate, freedom of movement, and work assignments, shall be substantially the same for inmates who participate in a rehabilitation program under sub. (1) and inmates who do not participate in such a program.
(f) The department may restrict an inmate's participation in a rehabilitation program under sub. (1)
only if the restriction is necessary for the security of the facility or the safety of the inmates or the public .
(g) The department may suspend or terminate operation of a rehabilitation program under sub. (1) if the organization operating the program fails to comply with any of the requirements under this section and shall suspend or terminate the operation of a program if the department determines that suspension or termination of the program is necessary for the security of the facility or the safety of the inmates or the public or is in the best interests of the inmates.
(h) 1. Except as provided in subd. 2., if an organization operating a rehabilitation program under sub. (1) promotes or informs the department that the organization intends to promote sectarian worship, instruction, or proselytization in connection with the rehabilitation program, the department shall permit all other religious organizations meeting the requirements of this section to operate an inmate rehabilitation program under sub. (1).
2. The department is not required under subd. 1. to permit a religious organization to operate an inmate rehabilitation program under sub. (1) if the department determines that the organization's operation of that program constitutes a threat to the security of the facility or the safety of the inmates or the public.
(4) Evaluation. The department shall evaluate or contract with a public or private agency for an evaluation of the effectiveness of each rehabilitation program operated under sub. (1) in reducing recidivism and alcohol and other drug abuse among program participants. The department shall collect the data and information necessary to evaluate the program. No later than 3 years from the date on which the rehabilitation program begins operating, the department shall submit a report of the evaluation to the governor and to the appropriate standing committees of the legislature, as determined by the speaker of the assembly and the president of the senate, under s. 13.172 (3).
(5) Suspension or termination of an inmate's participation. Notwithstanding sub. (2) (b) 2., an organization operating a rehabilitation program under sub. (1) may suspend or terminate an inmate's participation in a program for reasons unrelated to religious beliefs, including the inmate's failure to participate meaningfully in the program.
16,3334j
Section 3334j. 301.065 of the statutes is created to read:
301.065 Religious organizations; contract powers. (1) Religious organizations; legislative purpose. The purpose of this section is to allow the department to contract with, or award grants to, religious organizations, under any program administered by the department relating to the prevention of delinquency and crime or the rehabilitation of offenders, on the same basis as any other nongovernmental provider, without impairing the religious character of such organizations, and without diminishing the religious freedom of beneficiaries of assistance funded under such program.
(2) Nondiscrimination against religious organizations. If the department is authorized under ch. 16 to contract with a nongovernmental entity, or to award grants to a nongovernmental entity, religious organizations are eligible, on the same basis as any other private organization, to be contractors and grantees under any program administered by the department so long as the programs are implemented consistently with the first amendment to the U.S. Constitution and article I, section 18, of the Wisconsin Constitution. Except as provided in sub. (11), the department may not discriminate against an organization that is or applies to be a contractor or grantee on the basis that the organization does or does not have a religious character or because of the specific religious nature of the organization.
(3) Religious character and freedom. (a) The department shall allow a religious organization with which the department contracts or to which the department awards a grant to retain its independence from government, including the organization's control over the definition, development, practice, and expression of its religious beliefs.
(b) The department may not require a religious organization to alter its form of internal governance or to remove religious art, icons, scripture, or other symbols to be eligible for a contract or grant.
(4) Rights of beneficiaries of assistance. (a) If the department contracts with or awards grants to a religious organization for the provisions of crime prevention or offender rehabilitation assistance under a program administered by the department, an individual who is eligible for this assistance shall be informed in writing that assistance of equal value and accessibility is available from a nonreligious provider upon request.
(b) The department shall provide an individual who is otherwise eligible for assistance from an organization described under par. (a) with assistance of equal value from a nonreligious provider if the individual objects to the religious character of the organization described under par. (a) and requests assistance from a nonreligious provider. The department shall provide such assistance within a reasonable period of time after the date of the objection and shall ensure that it is accessible to the individual.
(6) Nondiscrimination against beneficiaries. A religious organization may not discriminate against an individual in regard to rendering assistance that is funded under any program administered by the department on the basis of religion, a religious belief or nonbelief, or a refusal to actively participate in a religious practice.
(7) Fiscal accountability. (a) Except as provided in par. (b), any religious organization that contracts with, or receives a grant from, the department is subject to the same laws and rules as other contractors and grantees regarding accounting, in accord with generally accepted auditing principles, for the use of the funds provided under such programs.
(b) If the religious organization segregates funds provided under programs administered by the department into separate accounts, only the financial assistance provided with those funds shall be subject to audit.
(8) Compliance. Any party that seeks to enforce its rights under this section may bring a civil action for injunctive relief against the entity that allegedly commits the violation.
(9) Limitations on use of funds for certain purposes. No funds provided directly to religious organizations by the department may be expended for sectarian worship, instruction, or proselytization.
(10) Certification of compliance. Every religious organization that contracts with, or receives a grant from, the department to provide delinquency and crime prevention or offender rehabilitation services to eligible recipients shall certify in writing that it has complied with the requirements of subs. (6) and (9) and submit to the department a copy of this certification and a written description of the policies the organization has adopted to ensure that it has complied with the requirements under subs. (6) and (9).
(11) Preemption. Nothing in this section may be construed to preempt any other statute that prohibits or restricts the expenditure of federal or state funds by or the granting of federal or state funds to religious organizations.
16,3336
Section 3336. 301.16 (1s) of the statutes is created to read:
301.16
(1s) In addition to the institutions under sub. (1), the department shall establish a medium security correctional institution that is a part of the correctional facilities enumerated in
1997 Wisconsin Act 27, section
9107 (1) (b), and that is located in Redgranite.
16,3337
Section 3337. 301.16 (1t) of the statutes is created to read:
301.16
(1t) In addition to the institutions under sub. (1), the department shall establish a medium security correctional institution that is a part of the correctional facilities enumerated in
1997 Wisconsin Act 27, section
9107 (1) (b), and that is located in New Lisbon.
16,3337m
Section 3337m. 301.19 of the statutes is created to read:
301.19 Restriction on construction of correctional facilities. (1) In this section:
(a) "Authorized jurisdiction" means a county, 2 counties acting jointly under s. 302.44, the United States, or a federally recognized American Indian tribe or band in this state.
(b) "Correctional facility" means an institution or facility, or a portion of an institution or facility, that is used to confine juveniles alleged or found to be delinquent or a prison, jail, house of correction, or lockup facility but does not include a secured group home, as defined in s. 938.02 (15p).
(2) No person may commence construction of a correctional facility or commence conversion of an existing building, structure, or facility into a correctional facility unless the building, structure, or facility is enumerated in the authorized state building program.
(3) Subsection (2) does not apply to any of the following:
(a) A building, structure, or facility that is constructed or converted under a contract with and for use by an authorized jurisdiction.
(b) A building, structure, or facility the construction of which was completed before January 1, 2001, if the building, structure, or facility was designed to confine persons convicted of a criminal offense.
16,3338
Section 3338. 301.26 (4) (b) of the statutes is amended to read:
301.26 (4) (b) Assessment of costs under par. (a) shall be made periodically on the basis of the per person per day cost estimate specified in par. (d) 2. to 4.
and 3. Except as provided in pars. (bm), (c), and (cm), liability shall apply to county departments under s. 46.21, 46.22, or 46.23 in the county of the court exercising jurisdiction under chs. 48 and 938 for each person receiving services from the department of corrections under s. 48.366, 938.183, or 938.34 or the department of health and family services under s. 46.057 or 51.35 (3). Except as provided in pars. (bm), (c), and (cm), in multicounty court jurisdictions, the county of residency within the jurisdiction shall be liable for costs under this subsection. Assessment of costs under par. (a) shall also be made according to the general placement type or level of care provided, as defined by the department, and prorated according to the ratio of the amount designated under sub. (3) (c) to the total applicable estimated costs of care, services, and supplies provided by the department of corrections under ss. 48.366, 938.183, and 938.34 and the department of health and family services under s. 46.057 or 51.35 (3).
16,3339
Section 3339. 301.26 (4) (cm) 3. of the statutes is amended to read:
301.26 (4) (cm) 3. The per person daily reimbursement rate for juvenile correctional services under this paragraph shall be equal to the per person daily cost assessment to counties under par. (d) 2. to 4. and 3. for juvenile correctional services.
16,3340d
Section 3340d. 301.26 (4) (d) 2. of the statutes is amended to read:
301.26 (4) (d) 2. Beginning on July 1, 1999 2001, and ending on December 31, 1999 June 30, 2002, the per person daily cost assessment to counties shall be $153.01 $167.57 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $153.01 $167.57 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $183.72 $213 for care in a child caring institution, including a secured child caring institution, $118.93 $129 for care in a group home for children, $26.17 $41 for care in a foster home, $75.37 $81 for care in a treatment foster home, $72.66 $82.56 for departmental corrective sanctions services, and $19.76 $21.96 for departmental aftercare services.
16,3341d
Section 3341d. 301.26 (4) (d) 3. of the statutes is amended to read:
301.26 (4) (d) 3. In calendar year 2000 Beginning on July 1, 2002, and ending on June 30, 2003, the per person daily cost assessment to counties shall be $153.55 $172.51 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $153.55 $172.51 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $187.21 $226 for care in a child caring institution, including a secured child caring institution, $121.19 $135 for care in a group home for children, $26.67 $43 for care in a foster home, $76.80 $85 for care in a treatment foster home, $74.68 $84.50 for departmental corrective sanctions services, and $19.15 $22.66 for departmental aftercare services.
16,3342
Section 3342. 301.26 (4) (d) 4. of the statutes is repealed.
16,3343
Section 3343. 301.26 (7) (intro.) of the statutes is amended to read:
301.26 (7) Allocations of funds. (intro.) Within the limits of the availability of federal funds and of the appropriations under s. 20.410 (3) (cd) and (ko), the department shall allocate funds for community youth and family aids for the period beginning on July 1, 1999 2001, and ending on June 30, 2001
2003, as provided in this subsection to county departments under ss. 46.215, 46.22 and 46.23 as follows:
16,3344e
Section 3344e. 301.26 (7) (a) (intro.) of the statutes is renumbered 301.26 (7) (a) and amended to read: