Amendment SSA1-AB133

AB133-SSA1,1315,17 2. He or she is a prisoner serving a felony sentence not punishable by life imprisonment and the department directs him or her to participate in the program. This paragraph subdivision does not apply to a prisoner serving a bifurcated sentence imposed under s. 973.01.

AB133-SSA1, s. 2692m Section 2692m. 301.048 (2) (bm) of the statutes is created to read:

AB133-SSA1,1315,19 301.048 (2) (bm) 1. In this paragraph, "violent offense" means:

AB133-SSA1,1316,2 a. A crime specified in s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (3), (4) or (5), 940.195 (3), (4) or (5), 940.20, 940.201, 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.285 (2) (a) 1. or 2., 940.29, 940.295 (3) (b) 1g., 1m., 1r., 2. or 3., 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.04, 943.06, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.30, 943.32, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07, 948.08 or 948.30.

AB133-SSA1,1316,5 b. A crime under federal law, the law of any other state or, prior to the effective date of this subdivision 1. b. .... [revisor inserts date], the law of this state that is comparable to a crime specified in subd. 1. a.

AB133-SSA1,1316,8 2. A person who has at any time been convicted, adjudicated delinquent or found not guilty or not responsible by reason of insanity or mental disease, defect or illness of or for a violent offense is not eligible for the intensive sanctions program.

AB133-SSA1, s. 2692s Section 2692s. 301.048 (4) (a) of the statutes is amended to read:

AB133-SSA1,1316,18 301.048 (4) (a) A participant is in the custody and under the control of the department, subject to its rules and discipline. A participant entering the program under sub. (2) (a) or (b) (am) 1. or 2. is a prisoner. A participant entering the program under sub. (2) (c) (am) 3. is a prisoner, except that he or she is a parolee for purposes of revocation. A participant entering the program under sub. (2) (cm) (am) 3m. is a prisoner, except that he or she remains a person on extended supervision for purposes of revocation. A participant entering the program under sub. (2) (d) (am) 4. is a prisoner, except that he or she remains a probationer, parolee or person on extended supervision, whichever is applicable, for purposes of revocation.

AB133-SSA1, s. 2695m Section 2695m. 301.16 (1q) of the statutes is created to read:

AB133-SSA1,1316,23 301.16 (1q) The department shall establish probation and parole holding facilities, one of which shall be the probation and parole holding and alcohol and other drug abuse treatment facility in the city of Milwaukee, as enumerated in 1997 Wisconsin Act 27, section 9107 (1) (b) 1.

AB133-SSA1, s. 2698g Section 2698g. 301.16 (1v) of the statutes is created to read:

AB133-SSA1,1317,2 301.16 (1v) In addition to the institutions under sub. (1), the department shall establish a medium security correctional institution in Chippewa Falls.

AB133-SSA1, s. 2698m Section 2698m. 301.18 (1) (c) of the statutes is created to read:

AB133-SSA1,1317,7 301.18 (1) (c) Provide the facilities necessary for the correctional institution under s. 301.16 (1v) using the Highview building located at the Northern Wisconsin Center for the Developmentally Disabled and converted to a correctional facility under 1999 Wisconsin Act .... (this act), section 9107 (1) (b) 1.

AB133-SSA1, s. 2698s Section 2698s. 301.18 (1g) of the statutes is created to read:

AB133-SSA1,1317,10 301.18 (1g) The department of administration may acquire or lease correctional facilities under 1999 Wisconsin Act .... (this act), section 9111(4xt) (b).

AB133-SSA1, s. 2698w Section 2698w. 301.19 of the statutes is created to read:

AB133-SSA1,1317,13 301.19 Construction of correctional facilities by private persons. (1) In this section:

AB133-SSA1,1317,16 (a) "Authorized jurisdiction" means a county, a group of counties acting under s. 302.44, the United States or a federally recognized American Indian tribe or band in this state.

AB133-SSA1,1317,20 (b) "Correctional facility" means a prison, jail, house of correction or lockup facility but does not include an institution or facility or a portion of an institution or facility that is used solely to confine juveniles alleged or found to be delinquent under ch. 48, 1993 stats., or ch. 938.

AB133-SSA1,1317,23 (2) No private person may commence construction of a correctional facility or commence conversion of an existing building, structure or facility into a correctional facility unless all of the following requirements are met:

AB133-SSA1,1318,3 (a) The building commission has authorized the lease or acquisition of the building, structure or facility by the state upon the completion of the construction or conversion.

AB133-SSA1,1318,5 (b) The building, structure or facility is enumerated in the authorized state building program.

AB133-SSA1,1318,6 (c) The private person agrees to comply with s. 20.924 (1) (i) 1., 2. and 3.

AB133-SSA1,1318,9 (3) Subsection (2) does not apply to buildings, structures or facilities that are constructed or converted under a contract with and for use by an authorized jurisdiction.

AB133-SSA1, s. 2699m Section 2699m. 301.235 (2) (e) of the statutes is amended to read:

AB133-SSA1,1318,13 301.235 (2) (e) All laws, except s. 20.924 (1) (i) and ch. 150, conflicting with this section are, insofar as they conflict with this section and no further, superseded by this section.

AB133-SSA1, s. 2700 Section 2700. 301.26 (4) (c) of the statutes is amended to read:

AB133-SSA1,1318,20 301.26 (4) (c) Notwithstanding pars. (a), (b) and (bm), the department of corrections shall pay, from the appropriation account under s. 20.410 (3) (hm), (ho) or (hr), the costs of care, services and supplies provided for each person receiving services under s. 46.057, 48.366, 51.35 (3), 938.183 or 938.34 who was under the guardianship of the department of health and family services pursuant to an order under ch. 48 at the time that the person was adjudicated delinquent.

AB133-SSA1, s. 2703d Section 2703d. 301.26 (4) (d) 2. of the statutes is amended to read:

AB133-SSA1,1319,5 301.26 (4) (d) 2. Beginning on July 1, 1997 1999, and ending on December 31, 1997 1999, the per person daily cost assessment to counties shall be $150.44 $153.01 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $150.44 $153.01 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $160.22 $183.72 for care in a child caring institution, including a secured child caring institution, $111.16 $118.93 for care in a group home for children, $24.78 $26.17 for care in a foster home, $71.35 $75.37 for care in a treatment foster home, $88.19 $72.66 for departmental corrective sanctions services and $16.98 $19.76 for departmental aftercare services.

AB133-SSA1, s. 2703e Section 2703e. 301.26 (4) (d) 3. of the statutes is amended to read:

AB133-SSA1,1319,15 301.26 (4) (d) 3. In calendar year 1998 2000, the per person daily cost assessment to counties shall be $154.94 $153.55 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $154.94 $153.55 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $161.79 $187.21 for care in a child caring institution, including a secured child caring institution, $112.25 $121.19 for care in a group home for children, $25.02 $26.67 for care in a foster home, $72.05 $76.80 for care in a treatment foster home, $80.41 $74.68 for departmental corrective sanctions services and $17.18 $19.15 for departmental aftercare services.

AB133-SSA1, s. 2703f Section 2703f. 301.26 (4) (d) 4. of the statutes is amended to read:

AB133-SSA1,1319,25 301.26 (4) (d) 4. Beginning on January 1, 1999 2001, and ending on June 30, 1999 2001, the per person daily cost assessment to counties shall be $159.46 $154.08 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $159.46 $154.08 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $163.36 $190.70 for care in a child caring institution, including a secured child caring institution, $113.34 $123.45 for care in a group home for children, $25.26 $27.16 for care in a foster home, $72.75 $78.23 for care in a treatment foster home, $74.35 $76.71 for departmental corrective sanctions services and $17.39 $18.62 for departmental aftercare services.

AB133-SSA1, s. 2709 Section 2709. 301.26 (4) (g) of the statutes is amended to read:

AB133-SSA1,1320,6 301.26 (4) (g) For juvenile field and institutional aftercare services under ch. 938 and for the office of juvenile offender review, all payments and deductions made under this subsection and uniform fee collections under s. 301.03 (18) shall be deposited in the general fund and shall be treated as a nonappropriated receipt credited to the appropriation account under s. 20.410 (3) (hm).

AB133-SSA1, s. 2709g Section 2709g. 301.26 (7) (intro.) of the statutes is amended to read:

AB133-SSA1,1320,12 301.26 (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, 1997 1999, and ending on June 30, 1999 2001, as provided in this subsection to county departments under ss. 46.215, 46.22 and 46.23 as follows:

AB133-SSA1, s. 2709h Section 2709h. 301.26 (7) (a) of the statutes is renumbered 301.26 (7) (a) (intro.) and amended to read:

AB133-SSA1,1320,21 301.26 (7) (a) (intro.) For community youth and family aids under this section, amounts not to exceed $41,649,700 $42,091,800 for the last 6 months of 1997, $82,741,700 1999, $85,183,700 for 1998 2000 and $41,091,900 $43,091,900 for the first 6 months of 1999. 2001. Of those amounts, the department shall allocate $1,000,000 for the last 6 months of 1999, $3,000,000 for 2000 and $2,000,000 for the first 6 months of 2001 to counties based on each of the following factors weighted equally:

AB133-SSA1, s. 2709i Section 2709i. 301.26 (7) (a) 1. of the statutes is created to read:

AB133-SSA1,1320,24 301.26 (7) (a) 1. Each county's proportion of the total statewide juvenile population for the most recent year for which that information is available.

AB133-SSA1, s. 2709j Section 2709j. 301.26 (7) (a) 2. of the statutes is created to read:

AB133-SSA1,1321,4 301.26 (7) (a) 2. Each county's proportion of the total Part I juvenile arrests reported statewide under the uniform crime reporting system of the office of justice assistance during the most recent 3-year period for which that information is available.

AB133-SSA1, s. 2709k Section 2709k. 301.26 (7) (a) 3. of the statutes is created to read:

AB133-SSA1,1321,9 301.26 (7) (a) 3. Each county's proportion of the number of juveniles statewide who are placed in a juvenile correctional institution or a secured child caring institution, as defined in s. 938.02 (15g), during the most recent 3-year period for which that information is available.

AB133-SSA1, s. 2709m Section 2709m. 301.26 (7) (e) of the statutes is amended to read:

AB133-SSA1,1321,15 301.26 (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 1997 1999, $250,000 for 1998 2000 and $125,000 for the first 6 months of 1999 2001. A county is eligible for payments under this paragraph only if it has a population of not more than 45,000.

AB133-SSA1, s. 2709n Section 2709n. 301.26 (7) (h) of the statutes is amended to read:

AB133-SSA1,1322,2 301.26 (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 1997 1999, $2,124,800 in 1998 2000 and $1,062,400 in the first 6 months of 1999 2001 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.

AB133-SSA1, s. 2709p Section 2709p. 301.26 (8) of the statutes is amended to read:

AB133-SSA1,1322,7 301.26 (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 1997 1999, $1,333,400 in 1998 2000 and $666,700 in the first 6 months of 1999 2001 for alcohol and other drug abuse treatment programs.

AB133-SSA1, s. 2709r Section 2709r. 301.263 (1) of the statutes is amended to read:

AB133-SSA1,1322,12 301.263 (1) From the appropriation under s. 20.410 (3) (f), the department shall distribute $3,750,000 $5,000,000 in each year to counties for early intervention services for first offenders and for intensive community-based intervention services for seriously chronic offenders.

AB133-SSA1, s. 2710m Section 2710m. 301.265 (3) of the statutes is amended to read:

AB133-SSA1,1323,5 301.265 (3) From the appropriations under s. 20.410 (3) (d) and (kj), the department 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 $75,000 $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 may enter into a contract under this subsection without soliciting bids or proposals and without accepting the lowest responsible bid or offer.

AB133-SSA1, s. 2711 Section 2711. 301.27 (2) of the statutes is amended to read:

AB133-SSA1,1323,13 301.27 (2) Vending stands. The department shall establish and maintain a revolving fund not exceeding $60,000 $100,000 in any of the state institutions administered by the department, for the education, recreation and convenience of the patients, inmates and employes, to be used for the operation of vending stands, canteen operations, reading clubs, musical organizations, religious programs, athletics and similar projects. The funds are exempt from s. 20.906, but are subject to audit by the department and the legislative audit bureau in its discretion.

AB133-SSA1, s. 2717j Section 2717j. 301.45 (3) (a) 3r. of the statutes is amended to read:

AB133-SSA1,1323,18 301.45 (3) (a) 3r. If the person has been committed under ch. 980, he or she is subject to this subsection upon being placed on supervised release under s. 980.06 (2), 1997 stats., or s. 980.08 or, if he or she was not placed on supervised release, before being discharged under s. 980.09 or 980.10.

AB133-SSA1, s. 2718 Section 2718. 302.01 of the statutes is amended to read:

AB133-SSA1,1324,14 302.01 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 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 correctional institution 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), 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.

AB133-SSA1, s. 2718e Section 2718e. 303.01 (2) (em) of the statutes is amended to read:

AB133-SSA1,1325,15 303.01 (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 6 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 enter into a contract under this paragraph only with the approval of the joint committee on finance. The department may not enter into or amend a contract under this paragraph unless the contract or amendment specifies each state prison or juvenile correctional institution at which the private business will employ inmates or institution residents. The private business may not employ inmates or institution residents at a state prison or juvenile correctional institution not specified in the contract without 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 provisions regarding displacement in sub. (11), 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;

AB133-SSA1, s. 2718em Section 2718em. 303.01 (2) (em) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is repealed.

AB133-SSA1, s. 2718g Section 2718g. 303.01 (8) (b) of the statutes is amended to read:

AB133-SSA1,1326,2 303.01 (8) (b) The department shall distribute earnings of an inmate or resident, other than an inmate or resident employed under sub. (2) (em), for the crime victim and witness assistance surcharge under s. 973.045 (4), for the delinquency victim and witness assistance surcharge under s. 938.34 (8d) (c), 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.

AB133-SSA1, s. 2718h Section 2718h. 303.01 (8) (c) of the statutes is repealed.

AB133-SSA1, s. 2718L Section 2718L. 303.01 (8) (d) of the statutes is repealed.

AB133-SSA1, s. 2718p Section 2718p. 303.01 (8) (e) of the statutes is repealed.

AB133-SSA1, s. 2718q Section 2718q. 303.01 (11) of the statutes is created to read:

AB133-SSA1,1326,7 303.01 (11) Displacement. (a) In this subsection:

AB133-SSA1,1326,13 1. "Displace an employe" means to lay off an employe in this state as a direct result of work being performed in a state prison or juvenile correctional institution under a prison contract or to permanently transfer an employe in this state to another job that reduces the employe's base pay, excluding overtime, differentials and bonuses, by more than 25% as a direct result of work being performed in a state prison or juvenile correctional institution under a prison contract.

AB133-SSA1,1326,15 2. "Prison contract" means a contract entered into by the department under sub. (2) (em).

AB133-SSA1,1326,17 3. "Private employer" means a private business that is a party to a prison contract.

AB133-SSA1,1326,19 (b) A private employer may not displace an employe or cause another private business to displace an employe.

AB133-SSA1,1326,21 (c) A private employer may not employ inmates or institution residents under a prison contract if any of the following applies:

AB133-SSA1,1326,24 1. The inmates or institution residents are to be employed in a skill, craft or trade in which there is a surplus of available labor in the locality of the private employer.

AB133-SSA1,1327,2 2. The employment of the inmates or institution residents will impair the performance of other contracts to which the private employer is a party.

AB133-SSA1,1327,4 3. The inmates or institution residents will replace employes who are on strike against the private employer or locked out of work.

AB133-SSA1,1327,10 (d) A private employer shall post in all of its workplaces a notice provided by the department containing a description of the nature of the prison contract and an explanation of what it means for an employe of a private employer to be displaced under this subsection and identifying a person at the department whom an employe of a private employer may contact if the employe believes that he or she may have been displaced by a prison contract.

AB133-SSA1, s. 2718qm Section 2718qm. 303.01 (11) of the statutes, as created by 1999 Wisconsin Act .... (this act), is repealed.

AB133-SSA1, s. 2718v Section 2718v. 303.06 (3) of the statutes is repealed.

AB133-SSA1, s. 2718w Section 2718w. 303.08 (1) (cn) of the statutes is created to read:

AB133-SSA1,1327,16 303.08 (1) (cn) Attending court proceedings to which the person is a party or for which the person has been subpoenaed as a witness;

AB133-SSA1, s. 2718y Section 2718y. 303.21 (1) (b) of the statutes is amended to read:

AB133-SSA1,1328,2 303.21 (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 or a secure work program under s. 303.063. 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.

AB133-SSA1, s. 2718yn Section 2718yn. 304.137 of the statutes is renumbered 304.137 (1) and amended to read: