LRBb1323/1
GMM:jld:pg
2001 - 2002 LEGISLATURE
ASSEMBLY AMENDMENT 24,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2001 SENATE BILL 55
June 29, 2001 - Offered by Representatives Pocan and
Miller.
SB55-ASA1-AA24,2,75
48.366
(8) Transfer to or between facilities. The department of corrections
6may transfer a person subject to an order between secured correctional facilities.
7After the person attains the age of 17 years, the department of corrections may place
8the person in a state prison named in s. 302.01
, except that the department of
9corrections may not place any person under the age of 18 years in the correctional
10institution authorized in s. 301.16 (1n). If the person is 15 years of age or over, the
11department of corrections may transfer the person to the Racine youthful offender
12correctional facility named in s. 302.01 as provided in s. 938.357 (4) (d). If the
1department of corrections places a person subject to an order under this section in
2a state prison, that department shall provide services for that person from the
3appropriate appropriation under s. 20.410 (1). The department of corrections may
4transfer a person placed in a state prison under this subsection to or between state
5prisons named in s. 302.01 without petitioning for revision of the order under sub.
6(5) (a)
, except that the department of corrections may not transfer any person under
7the age of 18 years to the correctional institution authorized in s. 301.16 (1n).".
SB55-ASA1-AA24,2,1610
302.18
(7) Except as provided in s. 973.013 (3m), the department shall keep
all
11prisoners a person under 15 years of age
who has been sentenced to the Wisconsin
12state prisons in
a secured juvenile correctional
facilities or facility or a secured child
13caring
institutions institution, but the department may transfer
them that person 14to
an adult correctional
institutions
institution after
they attain the person attains 1515 years of age.
The department may not transfer any person under 18 years of age
16to the correctional institution authorized in s. 301.16 (1n).".
SB55-ASA1-AA24,3,420
938.183
(3) When a juvenile who is subject to a criminal penalty under sub.
21(1m) or (2) attains the age of 17 years, the department may place the juvenile in a
22state prison named in s. 302.01
, except that the department may not place any person
23under the age of 18 years in the correctional institution authorized in s. 301.16 (1n).
24If a juvenile who is subject to a criminal penalty under sub. (1m) or (2) is 15 years
1of age or over, the department may transfer the juvenile to the Racine youthful
2offender correctional facility named in s. 302.01 as provided in s. 938.357 (4) (d). A
3juvenile who is subject to a criminal penalty under sub. (1m) or (2) for an act
4committed before December 31, 1999, is eligible for parole under s. 304.06.".
SB55-ASA1-AA24,4,28
973.013
(3m) If a person who has not attained the age of 16 years is sentenced
9to the Wisconsin state prisons, the department
of corrections shall place the person
10at a secured juvenile correctional facility or a secured child caring institution, unless
11the department
of corrections determines that placement in an institution under s.
12302.01 is appropriate based on the person's prior record of adjustment in a
13correctional setting, if any; the person's present and potential vocational and
14educational needs, interests and abilities; the adequacy and suitability of available
15facilities; the services and procedures available for treatment of the person within
16the various institutions; the protection of the public; and any other considerations
17promulgated by the department
of corrections by rule.
The department may not
18place any person under the age of 18 years in the correctional institution authorized
19in s. 301.16 (1n). This subsection does not preclude the department
of corrections 20from designating an adult correctional institution
, other than the correctional
21institution authorized in s. 301.16 (1n), as a reception center for the person and
22subsequently transferring the person to a secured juvenile correctional facility or a
23secured child caring institution. Section 302.11 and ch. 304 apply to all persons
1placed in a secured juvenile correctional facility or a secured child caring institution
2under this subsection.".
SB55-ASA1-AA24,4,9
4"
(6d) Placement of persons under 18 years of age in maximum security prison
5located near Boscobel. If on the effective date of this subsection any person under
618 years of age is incarcerated in the correctional institution authorized under
7section 301.16 (1n) of the statutes, the department of corrections shall transfer that
8person out of that correctional institution within 30 days after the effective date of
9this subsection.".