1995 Wisconsin Act 27

303.01 (2) (em) Lease space, with or without equipment, within the precincts of state prisons, as specified in s. 302.02, or within the confines of correctional institutions operated by the department for holding in secure custody persons adjudged delinquent, to not more than 3 private businesses to employ prison inmates and institution residents to manufacture products or components or to provide services for sale on the open market. The department shall comply with s. 16.75 in selecting businesses under this paragraph. The department may select a business or enter into a lease under this paragraph only with the approval of the joint committee on finance. The department shall consult with appropriate trade organizations and labor unions prior to issuing requests for proposals and prior to selecting proposals under this paragraph. Each such private business may conduct its operations as a private business, subject to the wage standards under sub. (4), the disposition of earnings under sub. (8), the requirements for notification and hearing under sub. (1) (c), the requirement for prison industries board approval under s. 303.015 (1) (b) and the authority of the department to maintain security and control in its institutions. The private business and its operations are not a prison industry. Inmates employed by the private business are not subject to the requirements of inmates participating in prison industries, except as provided in this paragraph;

27,6386 Section 6386 . 303.01 (2) (f) of the statutes is amended to read:

303.01 (2) (f) Lease or purchase land within the state for the employment of prisoners or residents; and

27,6387 Section 6387 . 303.01 (2) (g) of the statutes is amended to read:

303.01 (2) (g) Construct barracks for the safekeeping of prisoners or residents employed in the prison industries outside the prison or institution proper on the prison or institution premises.

27,6388 Section 6388 . 303.01 (4) of the statutes is amended to read:

303.01 (4) Wage standards. All inmates and residents shall be paid a wage which that is based on the productivity of the work the inmates and residents perform. Wages may be established at an hourly rate plus an incentive wage based on productivity and piecework formulas may be created. However, wages shall not be set at a rate such as to cause a deficit on operations. Changes in inmate and resident wage rate schedules may not be made without approval of the prison industries board.

27,6389 Section 6389 . 303.01 (6) of the statutes is amended to read:

303.01 (6) Goal. To the extent possible, prison industries shall be operated in a manner that is similar to private business and industry. The primary goal of prison industries shall be to operate in a profitable manner. Within this goal, inmates or residents employed in prison industries shall be provided with training and work experience that allows them to develop skills necessary to retain employment in outside business and industry. Consistent with available resources, inmates or residents employed in prison industries may be required to take education courses related to their work to enhance their capacity for employment upon release from prison or an institution specified under sub. (1) (b).

27,6390 Section 6390 . 303.01 (8) of the statutes is amended to read:

303.01 (8) Disposition of earnings. The department has the authority to determine how much, if any, of the earnings of an inmate or resident may be spent and for what purposes they may be spent within the confines of the prison or institution. The department shall distribute earnings for the crime victim and witness assistance surcharge under s. 973.045 (4), for the deoxyribonucleic acid analysis surcharge under s. 973.046 (4) and for compliance with s. 303.06 (2) and may distribute earnings for the support of the inmate's or resident's dependents and for other obligations either acknowledged by the inmate or resident in writing or which have been reduced to judgment that may be satisfied according to law. The department shall credit all moneys that it collects from earnings of inmates and residents under sub. (2) (em) to the appropriation account under s. 20.410 (1) (gi).

27,6391 Section 6391 . 303.015 (1) (c) of the statutes is amended to read:

303.015 (1) (c) Prior to submission to the legislative council staff for review under s. 227.15, departmental rules relating to hiring, termination, evaluation and compensation of, or other conditions of employment for, inmates or residents in prison industries shall be submitted to the board for approval. Board authority over rules shall not extend to determination of which inmates or residents are eligible for employment in prison industries or to security matters.

27,6393 Section 6393 . 303.06 (1) of the statutes is amended to read:

303.06 (1) Except as authorized in sub. (2) this section, no goods, except farm machinery, farm implements and tools, cordage rope and ply goods, manufactured wholly or partly by inmates in any state, city or county penal institution may be offered for sale in the open market.

27,6394 Section 6394 . 303.06 (2) of the statutes is amended to read:

303.06 (2) The department may enter into or renew a contract with a manufacturer or distributor to have prison industries provide products, components or services if at the time that the contract is originally entered into the products, components or services have been supplied to the manufacturer or distributor for the previous 12 months by a facility outside the United States. The department shall collect not less than 5% nor more than 20% of the gross wages of inmates or residents earned under such a contract to be credited to the appropriation under s. 20.455 (5) (i).

27,6395 Section 6395 . 303.06 (3) of the statutes is created to read:

303.06 (3) A private business may sell products, components or services under s. 303.01 (2) (em) in the open market. Similar products, components or services from a prison industry program from another state may be sold in the open market.

27,6398m Section 6398m. 303.065 (5) (dm) of the statutes is created to read:

303.065 (5) (dm) Payment for legal representation under s. 977.07 (2), 977.075 or 977.076;

27,6398p Section 6398p. 303.065 (6) of the statutes is created to read:

303.065 (6) The department shall credit all moneys that it collects under sub. (5) (a) and (d) to the appropriation account under s. 20.410 (1) (gi).

27,6398r Section 6398r. 303.065 (7) of the statutes is created to read:

303.065 (7) The department may receive payments for its costs under this section or the department or the attorney general may collect under s. 301.325, but the state may not collect for the same expense twice.

27,6399 Section 6399 . 303.066 of the statutes is created to read:

303.066 Wisconsin conservation corps projects. The department may sponsor Wisconsin conservation corps projects under s. 16.20 (8g).

27,6399m Section 6399m. 303.066 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

303.066 Wisconsin conservation corps projects. The department may sponsor Wisconsin conservation corps projects under s. 16.20 106.215 (8g).

27,6400 Section 6400 . 303.21 (1) (b) of the statutes is amended to read:

303.21 (1) (b) Inmates are included under par. (a) if they are participating in a structured work program away from the institution grounds under s. 302.15. Inmates are not included under par. (a) if they are employed in a prison industry under s. 303.06 (2), participating in a work release program under s. 303.065 (2), participating in employment with a private business under s. 303.01 (2) (em) or participating in the transitional employment program, but they are eligible for worker's compensation benefits as provided under ch. 102.

27,6401 Section 6401. 303.21 (1) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

303.21 (1) (b) Inmates are included under par. (a) if they are participating in a structured work program away from the institution grounds under s. 302.15. Inmates are not included under par. (a) if they are employed in a prison industry under s. 303.06 (2), participating in a work release program under s. 303.065 (2), participating in employment with a private business under s. 303.01 (2) (em) or participating in the transitional employment program, but they are eligible for worker's compensation benefits under ch. 102. Residents subject to s. 303.01 (1) (b) are not included under par. (a) but they are eligible for worker's compensation benefits under ch. 102.

27,6402 Section 6402 . 303.215 of the statutes is amended to read:

303.215 (title) Compensation to prisoners or residents injured in prison industries employment. In accordance with s. 102.03 (2), for an inmate of a state institution or a resident subject to s. 303.01 (1) (b) employed under s. 303.06 (2), compensation under ch. 102 on being released from the applicable institution, either on parole or, on final discharge or in accordance with ch. 48, whichever is applicable, is the exclusive remedy against the department and any employe of the department for any injury sustained by the inmate or resident while performing service growing out of and incidental to that employment. The department shall make any payments required under this section from the revolving appropriation for the operation of prison industries or, if there is no revolving appropriation for the operation of prison industries, from the general fund.

27,6403 Section 6403 . 303.22 of the statutes is amended to read:

303.22 Work on Sundays and holidays. No prisoner shall, or resident subject to s. 303.01 (1) (b), may be compelled to work on Sunday or a legal holiday, except it be on if the work is necessary household work or when the work is necessary to maintain the management or discipline of the institution.

27,6405 Section 6405 . 304.06 (1) (b) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

304.06 (1) (b) Except as provided in sub. (1m) or s. 161.49 (2), 302.045 (3) 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. The parole commission may parole a participant in the youthful offender program under s. 48.537 when he or she has participated in that program for 2 years. Except as provided in s. 939.62 (2m) or 973.014, the parole commission may parole an inmate 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 using the formulas under s. 302.11 (2). 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.

27,6405m Section 6405m. 304.06 (1) (b) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

304.06 (1) (b) Except as provided in sub. (1m) or s. 161.49 (2), 302.045 (3) 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. The parole commission may parole a participant in the serious juvenile offender program under s. 48.538 when he or she has participated in that program for 2 years. Except as provided in s. 939.62 (2m) or 973.014, the parole commission may parole an inmate 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 using the formulas under s. 302.11 (2). 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.

27,6406 Section 6406 . 304.07 of the statutes, as affected by 1993 Wisconsin Act 385, is renumbered 48.535.

27,6407x Section 6407x. 304.073 of the statutes is created to read:

304.073 Administrative and minimum supervision. (1) In this section:

(a) “Administrative supervision" has the meaning given in s. 301.08 (1) (c) 1. a.

(b) “Minimum supervision" has the meaning given in s. 301.08 (1) (c) 1. b.

(2) Beginning on January 1, 1996, the department shall charge a fee to any probationer or parolee who is under minimum or administrative supervision and is supervised by the department. The fee does not apply if the person is supervised by a vendor under s. 301.08 (1) (c) 2. The department shall set the fee sufficient to cover the cost of supervision. The department shall collect moneys for the fee charged under this subsection and credit those moneys to the appropriation account under s. 20.410 (1) (ge).

(3) The department shall promulgate rules setting the rate under sub. (2) and providing the procedure and timing for collecting the fee charged under sub. (2).

27,6408 Section 6408 . 304.074 of the statutes is created to read:

304.074 Reimbursement fee for persons on probation , community supervision and parole. (1) In this section:

(a) “Administrative supervision" has the meaning given in s. 301.08 (1) (c) 1. a.

(b) “Minimum supervision" has the meaning given in s. 301.08 (1) (c) 1. b.

(2) Beginning on January 1, 1996, the department shall charge a fee to probationers and parolees and persons on community supervision to partially reimburse the department for the costs of providing supervision and services. The department shall set varying rates for probationers and parolees and persons on community supervision based on ability to pay and with the goal of receiving at least $1 per day, if appropriate, from each probationer and parolee and person on community supervision. The department shall not charge a fee while the probationer or parolee is or person on community supervision exempt under sub. (3). The department shall collect moneys for the fees charged under this subsection and credit those moneys to the appropriation account under s. 20.410 (1) (gf).

(3) The department may decide not to charge a fee under sub. (2) to any probationer or parolee or person on community supervision while he or she meets any of the following conditions:

(a) Is unemployed.

(b) Is pursuing a full-time course of instruction approved by the department.

(c) Is undergoing treatment approved by the department and is unable to work.

(d) Has a statement from a physician certifying to the department that the probationer or parolee or person on community supervision should be excused from working for medical reasons.

(4) The fee under sub. (2) does not apply to any probationer or parolee who is under minimum or administrative supervision.

(5) The department shall promulgate rules setting rates under sub. (2) and providing the procedure and timing for collecting fees charged under sub. (2).

27,6408g Section 6408g. 304.075 of the statutes is amended to read:

304.075 (title) Probationer and parolee loan Loan fund for persons on probation, community supervision or parole. The department shall create a revolving fund out of any moneys in its hands belonging to probationers and parolees and persons on community supervision who absconded, or whose whereabouts are unknown. The fund shall be used to defray the expenses of clothing, transportation, maintenance and other necessities for probationers and parolees and persons on community supervision who are without means to secure those necessities. All payments made from the fund shall be repaid by probationers or parolees and persons on community supervision for whose benefit they are made whenever possible; and any moneys belonging to them so paid into the revolving fund shall be repaid to them in ac cordance with law, in case a claim therefor is filed with the department upon showing the legal right of the claimant to such money.

27,6409m Section 6409m. 340.01 (56) (a) (intro.) of the statutes is amended to read:

340.01 (56) (a) (intro.) Means a motor vehicle which carries 10 16 or more passengers in addition to the operator or a motor vehicle painted in accordance with s. 347.44 (1) for the purpose of transporting:

27,6411b Section 6411b. 342.14 (1m) of the statutes is repealed.

27,6412cnj Section 6412cnj. 343.30 (1q) (d) of the statutes is amended to read:

343.30 (1q) (d) The assessment report shall order compliance with a driver safety plan. The report shall inform the person of the fee provisions under s. 46.03 (18) (f). The driver safety plan may include a component that makes the person aware of the effect of his or her offense on a victim and a victim's family. The driver safety plan may include treatment for the person's misuse, abuse or dependence on alcohol or controlled substances, or attendance at a school under s. 345.60, or both. If the plan requires inpatient treatment, the treatment shall not exceed 30 days. A driver safety plan under this paragraph shall include a termination date consistent with the plan which shall not extend beyond one year. The county department under s. 51.42 shall assure notification of the department of transportation and the person of the person's compliance or noncompliance with assessment and with treatment. The school under s. 345.60 shall notify the department, the county department under s. 51.42 and the person of the person's compliance or noncompliance with the requirements of the school. Nonpayment of the assessment fee or, if the person has the ability to pay, nonpayment of the driver safety plan fee is noncompliance with the court order. If the department is notified of any noncompliance, it shall suspend the person's operating privilege until the county department under s. 51.42 or the school under s. 345.60 notifies the department that the person is in compliance with assessment or the driver safety plan. The department shall notify the person of the suspension, the reason for the suspension and the person's right to a review. A person may request a review of a suspension based upon failure to comply with a driver safety plan within 10 days of notification. The review shall be handled by the subunit of the department of transportation designated by the secretary. The issues at the review are limited to whether the driver safety plan, if challenged, is appropriate and whether the person is in compliance with the assessment order or the driver safety plan. The review shall be conducted within 10 days after a request is received. If the driver safety plan is determined to be inappropriate, the department shall order a reassessment and if the person is otherwise eligible, the department shall reinstate the person's operating privilege. If the person is determined to be in compliance with the assessment or driver safety plan, and if the person is otherwise eligible, the department shall reinstate the person's operating privilege. If there is no decision within the 10-day period, the department shall issue an order reinstating the person's operating privilege until the review is completed, unless the delay is at the request of the person seeking the review.

27,6412cnk Section 6412cnk. 343.30 (1z) of the statutes is created to read:

343.30 (1z) If a court imposes a driver improvement surcharge under s. 346.655 and the person fails to pay the surcharge within 60 days after the date by which the court ordered the surcharge to be paid, the court may suspend the person's operating privilege until the person pays the surcharge, except that the suspension period may not exceed 5 years. Any period of suspension under this subsection is subject to sub. (1q) (h).

27,6412cnL Section 6412cnL. 343.305 (10) (d) of the statutes is amended to read:

343.305 (10) (d) The assessment report shall order compliance with a driver safety plan. The report shall inform the person of the fee provisions under s. 46.03 (18) (f). The driver safety plan may include a component that makes the person aware of the effect of his or her offense on a victim and a victim's family. The driver safety plan may include treatment for the person's misuse, abuse or dependence on alcohol or controlled substances, attendance at a school under s. 345.60, or both. If the plan requires inpatient treatment, the treatment shall not exceed 30 days. A driver safety plan under this paragraph shall include a termination date consistent with the plan which shall not extend beyond one year. The county department under s. 51.42 shall assure notification of the department of transportation and the person of the person's compliance or noncompliance with assessment and treatment. The school under s. 345.60 shall notify the department, the county department under s. 51.42 and the person of the person's compliance or noncompliance with the requirements of the school. Nonpayment of the assessment fee or, if the person has the ability to pay, nonpayment of the driver safety plan fee is noncompliance with the court order. If the department is notified of noncompliance, it shall suspend the person's operating privilege until the county department under s. 51.42 or the school under s. 345.60 notifies the department that the person is in compliance with assessment or the driver safety plan. The department shall notify the person of the suspension, the reason for the suspension and the person's right to a review. A person may request a review of a suspension based upon failure to comply with a driver safety plan within 10 days of notification. The review shall be handled by the subunit of the department of transportation designated by the secretary. The issues at the review are limited to whether the driver safety plan, if challenged, is appropriate and whether the person is in compliance with the assessment order or the driver safety plan. The review shall be conducted within 10 days after a request is received. If the driver safety plan is determined to be inappropriate, the department shall order a reassessment and if the person is otherwise eligible, the department shall reinstate the person's operating privilege. If the person is determined to be in compliance with the assessment or driver safety plan, and if the person is otherwise eligible, the department shall reinstate the person's operating privilege. If there is no decision within the 10-day period, the department shall issue an order reinstating the person's operating privilege until the review is completed, unless the delay is at the request of the person seeking the review.

27,6412e Section 6412e. 344.576 (3) (a) 5. of the statutes is amended to read:

344.576 (3) (a) 5. The address and telephone number of the office of consumer protection in the department of justice department of agriculture, trade and consumer protection.

27,6412m Section 6412m. 344.576 (3) (c) of the statutes is amended to read:

344.576 (3) (c) The department of justice agriculture, trade and consumer protection shall promulgate rules specifying the form of the notice required under par. (a), including the size of the paper and the type size and any highlighting of the information described in par. (a). The rule may specify additional information that must be included in the notice and the precise language that must be used.

27,6412s Section 6412s. 344.579 (2) (intro.) of the statutes is amended to read:

344.579 (2) Enforcement. (intro.) The department of justice agriculture, trade and consumer protection shall investigate violations of ss. 344.574, 344.576 (1), (2) and (3) (a) and (b), 344.577 and 344.578. The department of justice agriculture, trade and consumer protection may on behalf of the state:

27,6415 Section 6415 . 346.503 (1m) (g) of the statutes is amended to read:

346.503 (1m) (g) This subsection does not affect the authority under s. 101.13 of the department of industry, labor and human relations development to require by rule the reservation of parking spaces for use by a motor vehicle used by a physically disabled person.

27,6416 Section 6416 . 346.503 (4) of the statutes is amended to read:

346.503 (4) The department, after consulting with the department of industry, labor and human relations development, shall promulgate rules governing the design, size and installation of the official traffic signs required under sub. (2) or (2m).

27,6416c Section 6416c. 346.655 (1) of the statutes is amended to read:

346.655 (1) On or after July 1, 1988, if a court imposes a fine or a forfeiture for a violation of s. 346.63 (1) or (5), or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, it shall impose a driver improvement surcharge in an amount of $250 $300 in addition to the fine or forfeiture, penalty assessment and jail assessment.

27,6416d Section 6416d. 346.655 (2) (a) of the statutes is amended to read:

346.655 (2) (a) Except as provided in par. (b), the clerk of court shall collect and transmit the amount under sub. (1) to the county treasurer as provided in s. 59.395 (5). The county treasurer shall then make payment of 15% 29.2% of the amount to the state treasurer as provided in s. 59.20 (5) (b).

27,6416e Section 6416e. 346.655 (2) (b) of the statutes is amended to read:

346.655 (2) (b) If the forfeiture is imposed by a municipal court, the court shall transmit the amount to the treasurer of the county, city, town or village, and that treasurer shall make payment of 15% 29.2% of the amount to the state treasurer as provided in s. 66.12 (1) (b). The treasurer of the city, town or village shall transmit the remaining 85% 70.8% of the amount to the treasurer of the county.

27,6416g Section 6416g. 346.655 (4) of the statutes is created to read:

346.655 (4) Any person who fails to pay a driver improvement surcharge imposed under sub. (1) is subject to s. 343.30 (1z).