2001 Wisconsin Act 16

(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:

301.26 (7) (a) For community youth and family aids under this section, amounts not to exceed $42,091,800 $43,615,200 for the last 6 months of 1999, $85,183,700 for 2000 2001, $87,760,300 for 2002, and $43,091,900 $44,145,100 for the first 6 months of 2001 2003.

(b) Of those the amounts specified in par. (a), the department shall allocate $1,000,000 $2,000,000 for the last 6 months of 1999, $3,000,000 for 2000 and $2,000,000 2001, $4,000,000 for 2002, and $2,000,000 for the first 6 months of 2001 2003 to counties based on each of the following factors weighted equally:

16,3344f Section 3344f. 301.26 (7) (a) 1. to 3. of the statutes are renumbered 301.26 (7) (b) 1. to 3.

16,3344g Section 3344g. 301.26 (7) (c) of the statutes is created to read:

301.26 (7) (c) Of the amounts specified in par. (a), the department shall allocate $523,300 for the last 6 months of 2001, $1,576,600 for 2002, and $1,053,300 for the first 6 months of 2003 to counties based on each of the factors specified in par. (b) 1. to 3. weighted equally, except that no county may receive an allocation under this paragraph that is less than 93% nor more than 115% of the amount that the county would have received under this paragraph if the allocation had been distributed only on the basis of the factor specified in par. (b) 3.

16,3345 Section 3345. 301.26 (7) (e) of the statutes is amended to read:

301.26 (7) (e) For emergencies related to community youth and family aids under this section, amounts not to exceed $125,000 for the last 6 months of 1999 2001, $250,000 for 2000 2002 and $125,000 for the first 6 months of 2001 2003. A county is eligible for payments under this paragraph only if it has a population of not more than 45,000.

16,3346 Section 3346. 301.26 (7) (h) of the statutes is amended to read:

301.26 (7) (h) For counties that are participating in the corrective sanctions program under s. 938.533 (2), $1,062,400 in the last 6 months of 1999 2001, $2,124,800 in 2000 2002 and $1,062,400 in the first 6 months of 2001 2003 for the provision of corrective sanctions services for juveniles from that county. In distributing funds to counties under this paragraph, the department shall determine a county's distribution by dividing the amount allocated under this paragraph by the number of slots authorized for the program under s. 938.533 (2) and multiplying the quotient by the number of slots allocated to that county by agreement between the department and the county. The department may transfer funds among counties as necessary to distribute funds based on the number of slots allocated to each county.

16,3347 Section 3347. 301.26 (8) of the statutes is amended to read:

301.26 (8) Alcohol and other drug abuse treatment. From the amount of the allocations specified in sub. (7) (a), the department shall allocate $666,700 in the last 6 months of 1999 2001, $1,333,400 in 2000 2002 and $666,700 in the first 6 months of 2001 2003 for alcohol and other drug abuse treatment programs.

16,3348 Section 3348. 301.265 (title) of the statutes is repealed.

16,3349d Section 3349d. 301.265 (1) of the statutes is renumbered 16.964 (8) (a) and amended to read:

16.964 (8) (a) From the appropriations under s. 20.410 (3) 20.505 (6) (d) and (kj), the department office shall allocate $500,000 in each fiscal year to enter into a contract with an organization to provide services in a county having a population of 500,000 or more for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational and employment programs. Notwithstanding s. 16.75, the department office may enter into a contract under this subsection paragraph without soliciting bids or proposals and without accepting the lowest responsible bid or offer.

16,3350 Section 3350. 301.265 (2) of the statutes is renumbered 16.964 (8) (b) and amended to read:

16.964 (8) (b) From the appropriation under s. 20.410 (3) (kp) 20.505 (6) (km), the department office may not distribute more than $300,000 in each fiscal year to the organization that it has contracted with under sub. (1) par. (a) for alcohol and other drug abuse education and treatment services for participants in that organization's youth diversion program.

16,3351d Section 3351d. 301.265 (3) of the statutes is renumbered 16.964 (8) (c) and amended to read:

16.964 (8) (c) From the appropriations under s. 20.410 (3) 20.505 (6) (d) and (kj), the department office shall allocate $150,000 in each fiscal year to enter into a contract with an organization to provide services in Racine County, $150,000 in each fiscal year to enter into a contract with an organization to provide services in Kenosha County, $150,000 in each fiscal year to enter into a contract with an organization that is located in ward 1 in the city of Racine to provide services in Racine County, and $150,000 in each fiscal year to enter into a contract with an organization to provide services in Brown County, for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational, and employment programs, and for alcohol or other drug abuse education and treatment services for participants in that organization's youth diversion program. The organization that is located in ward 1 in the city of Racine shall have a recreational facility, shall offer programs to divert youths from gang activities, may not be affiliated with any national or state association, and may not have entered into a contract under s. 301.265 (3), 1995 stats. Notwithstanding s. 16.75, the department office may enter into a contract under this subsection paragraph without soliciting bids or proposals and without accepting the lowest responsible bid or offer.

16,3352m Section 3352m. 301.295 of the statutes is created to read:

301.295 Recruitment of department employees. The department may not use billboards or similar structures to recruit its employees.

16,3352p Section 3352p. 301.46 (2s) of the statutes is created to read:

301.46 (2s) Providing information to the University of Wisconsin System. (a) In this subsection:

1. "Board of regents" means the board of regents of the University of Wisconsin System.

2. "University of Wisconsin employee" means a person employed by the board of regents.

3. "University of Wisconsin student" means a person attending an institution within the University of Wisconsin System.

(b) When a University of Wisconsin employee or student registers with the department under s. 301.45 (2) or a person who is registered with the department under s. 301.45 (2) becomes a University of Wisconsin employee or student, the department shall immediately provide in writing the following information about the person to the board of regents:

1. The person's name, including any aliases used by the person.

2. Information sufficient to identify the person, including date of birth, gender, race, height, weight, and hair and eye color.

3. The statute that the person violated, the date of conviction, adjudication, or commitment, and the county or, if the state is not this state, the state in which the person was convicted, adjudicated, or committed.

4. The address at which the person is residing.

5. If the person is a University of Wisconsin employee, the name and address of any institution at which the person works.

6. If the person is a University of Wisconsin student, the name and address of the institution that the person attends.

7. The most recent date on which the information under s. 301.45 was updated.

(c) When an individual described in par. (b) (intro.) updates information under s. 301.45 (4), the department shall immediately provide the updated information in writing to the board of regents.

16,3352r Section 3352r. 301.46 (4) (d) of the statutes is created to read:

301.46 (4) (d) The department shall coordinate with the department of health and family services the sharing of address information of persons regarding whom notification bulletins are issued under sub. (2m) (a) or (am).

16,3352w Section 3352w. 301.46 (5) (a) (intro.) of the statutes is amended to read:

301.46 (5) (a) (intro.) The department or a police chief or sheriff may provide the information specified in par. (b) concerning a specific person required to register under s. 301.45 to a person who is not provided notice or access under subs. sub. (2) to, (2m), (3), or (4) if, in the opinion of the department or the police chief or sheriff, providing the information is necessary to protect the public and if the person requesting the information does all of the following:

16,3353m Section 3353m. 302.01 of the statutes is amended to read:

302.01 State prisons named and defined. The penitentiary at Waupun is named "Waupun Correctional Institution".." The correctional treatment center at Waupun is named "Dodge Correctional Institution".." The penitentiary at Green Bay is named "Green Bay Correctional Institution".." The medium/maximum penitentiary at Portage is named "Columbia Correctional Institution".." The medium security institution at Oshkosh is named "Oshkosh Correctional Institution".." The medium security penitentiary near Fox Lake is named "Fox Lake Correctional Institution".." The penitentiary at Taycheedah is named "Taycheedah Correctional Institution".." The medium security penitentiary at Plymouth is named "Kettle Moraine Correctional Institution". ." The penitentiary at the village of Sturtevant in Racine county is named "Racine Correctional Institution". ." The medium security correctional institution near Black River Falls is named "Jackson Correctional Institution." The medium security penitentiary 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 medium security correctional institutions at Redgranite and New Lisbon, the correctional institutions authorized under s. 301.16 (1n) and (1v), 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), the correctional institution at Stanley authorized under 2001 Wisconsin Act .... (this act), section 9107 (1) (b), minimum security correctional institutions authorized under s. 301.13, the probation and parole holding facilities authorized under s. 301.16 (1q), and state-local shared correctional facilities when established under s. 301.14, are state prisons.