Amendment AA2-AB42

LRBa0126/3

MGD:cjs&hmh:jf

2001 - 2002 LEGISLATURE

ASSEMBLY AMENDMENT 2, TO 2001 ASSEMBLY BILL 42

February 7, 2001 - Offered by Committee on Corrections and the Courts.

AB42-AA2,1,1 At the locations indicated, amend the bill as follows:

AB42-AA2,1,2 1. Page 1, line 4: delete "lease" and substitute "construction, lease,".

AB42-AA2,1,3 2. Page 2, line 7: after " (i)" insert "and (j)".

AB42-AA2,1,4 3. Page 2, line 10: after " (i)" insert "and (j)".

AB42-AA2,1,5 4. Page 2, line 14: after " (i)" insert "and (j)".

AB42-AA2,1,6 5. Page 4, line 12: after that line insert:

AB42-AA2,1,7 " Section 5g. 20.924 (1) (j) of the statutes is created to read:

AB42-AA2,2,2 20.924 (1) (j) May not lease or acquire or authorize the leasing or acquisition of any building, structure, or facility or portion thereof for initial occupancy by the department of corrections for the purpose of confining persons serving a sentence of imprisonment to the Wisconsin state prisons under ch. 973 or for the purpose of confining juveniles alleged or found to be delinquent unless the construction of the building, structure, or facility or the conversion of the building, structure, or facility into a correctional facility began either before October 1, 1999, or after the building, structure, or facility was enumerated in the authorized state building program.

AB42-AA2, s. 5m Section 5m. 59.53 (8) of the statutes is amended to read:

AB42-AA2,2,11 59.53 (8) Rehabilitation facilities. The board may establish and maintain rehabilitation facilities in any part of the county under the jurisdiction of the sheriff as an extension of the jail, or separate from the jail under jurisdiction of a superintendent, to provide any person sentenced to the county jail with a program of rehabilitation for such part of the person's sentence or commitment as the court determines will be of rehabilitative value to the prisoner. Rehabilitation facilities may be located outside of the county under a cooperative agreement under s. 302.44 (1).

AB42-AA2, s. 5r Section 5r. 59.54 (14) (a) of the statutes is amended to read:

AB42-AA2,2,18 59.54 (14) (a) A county shall provide a courthouse, fireproof offices and other necessary buildings at the county seat and keep them in good repair. A county shall provide a jail or enter into a cooperative agreement under s. 302.44 (1) for the cooperative establishment and use of a jail. The jail and rehabilitation facilities as extensions of the jail need not be at the county seat and may be located outside of the county under a cooperative agreement under s. 302.44 (1).".

AB42-AA2,2,19 6. Page 5, line 20: after that line insert:

AB42-AA2,2,20 " Section 8m. 301.19 of the statutes is created to read:

AB42-AA2,2,22 301.19 Construction of correctional facilities by private persons. (1) In this section:

AB42-AA2,3,3 (a) "Authorized jurisdiction" means a county, two counties acting under s. 302.44 (1), the United States, or a federally recognized American Indian tribe or band in this state.

AB42-AA2,3,7 (b) "Correctional facility" means a building, structure, or facility or portion thereof to be used to confine persons serving a sentence of imprisonment to the Wisconsin state prisons under ch. 973 or to confine juveniles alleged or found to be delinquent.

AB42-AA2,3,11 (2) No person may commence construction of a correctional facility or commence the 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.

AB42-AA2,3,12 (3) Subsection (2) does not apply to any of the following:

AB42-AA2,3,14 (a) A building, structure, or facility that is constructed or converted under a contract with and for use by an authorized jurisdiction.

AB42-AA2,3,17 (b) A building, structure, or facility that is constructed or converted under a contract with the department if the contract was entered into on or before the effective date of this paragraph .... [revisor inserts date].

AB42-AA2,3,20 (c) A building, structure, or facility the construction of which commenced before October 1, 1999, if the building, structure, or facility was designed to confine persons convicted of criminal offenses.".

AB42-AA2,3,21 7. Page 5, line 24: delete "the" and substitute "all of the following apply:

AB42-AA2,3,22 "1. The".

AB42-AA2,3,23 8. Page 6, line 2: after that line insert:

AB42-AA2,4,2 "2. The building was enumerated in the authorized state building program before the construction or conversion began.".

AB42-AA2,4,3 9. Page 6, line 24: after that line insert:

AB42-AA2,4,4 " Section 10g. 302.34 of the statutes is amended to read:

AB42-AA2,4,10 302.34 Use of jail of another county. Courts, judges, and officers of any county having no jail and no cooperative agreement under s. 302.44 (1) may sentence, commit, or deliver any person to the jail of any other county as if that jail existed in their own county. The sheriff of the other county shall receive and keep the prisoner in all respects as if committed from his or her county. The cost of the keep shall be paid by the county from which the prisoner was sentenced, committed , or delivered.

AB42-AA2, s. 10k Section 10k. 302.44 of the statutes is renumbered 302.44 (1) and amended to read:

AB42-AA2,4,23 302.44 (1) Two or more Subject to sub. (2), two counties may agree under s. 66.0301 for the cooperative establishment and use of the jails and rehabilitation facilities of any of them for the detention or imprisonment of prisoners before, during and after trial and for sharing the expense without reference to s. 302.34. The sheriffs of the counties shall lodge prisoners in any jail or rehabilitation facility authorized by the agreement and shall endorse the commitment, if any, under s. 302.35 in case detention or imprisonment is in the jail or rehabilitation facility of another county. Only jails and rehabilitation facilities approved by the department for the detention of prisoners may be used under the agreement. The sheriff of the county of arrest shall transport the prisoner to and from court and to any other institution whenever necessary.

AB42-AA2, s. 10n Section 10n. 302.44 (2) of the statutes is created to read:

AB42-AA2,5,2 302.44 (2) No more than two counties may enter into an agreement for the establishment or use of a single jail or rehabilitation facility under sub. (1).".

AB42-AA2,5,3 10. Page 9, line 2: after that line insert:

AB42-AA2,5,4 " Section 14m. 973.03 (1) of the statutes is amended to read:

AB42-AA2,5,9 973.03 (1) If at the time of passing sentence upon a defendant who is to be imprisoned in a county jail there is no jail in the county suitable for the defendant and no cooperative agreement under s. 302.44 (1), the court may sentence the defendant to any suitable county jail in the state. The expenses of supporting the defendant there shall be borne by the county in which the crime was committed.".

AB42-AA2,5,10 (End)