AB150,2094,169 302.38 (3) The maximum amount that a governmental unit may pay for the
10costs of medical or hospital care under this section is limited for that care to the
11amount payable by medical assistance under ss. 49.43 to 49.47 subch. IV of ch. 49,
12except s. 49.468, for care for which a medical assistance rate exists. No provider of
13medical or hospital care may bill a prisoner under sub. (1) for the cost of care
14exceeding the amount paid under this subsection by the governmental unit. If no
15medical assistance rate exists for the care provided, there is no limitation under this
16subsection.
AB150, s. 6370 17Section 6370. 302.386 (3) of the statutes is renumbered 302.386 (3) (a) and
18amended to read:
AB150,2094,2519 302.386 (3) (a) The Except as provided in par. (b), the department may require
20a resident housed in a prison identified in s. 302.01 or in a secured correctional
21facility as defined in s. 48.02 (15m) who earns wages during residency and who
22receives medical or dental services to pay a deductible, coinsurance, copayment or
23similar charge upon the medical or dental service that he or she receives. The
24department shall collect the allowable deductible, coinsurance, copayment or similar
25charge.
AB150,2095,5
1(c) No provider of services may deny care or services because the resident is
2unable to pay the applicable deductible, coinsurance, copayment or similar charge,
3but an inability to pay these charges does not relieve the resident of liability for the
4charges unless the department excepts or waives the liability under criteria that the
5department shall establish by rule.
AB150, s. 6371 6Section 6371. 302.386 (3) (b) of the statutes is created to read:
AB150,2095,117 302.386 (3) (b) If the resident under par. (a) requests the medical services or
8dental services, the department shall require the resident to pay the deductible,
9coinsurance, copayment or similar charge. The department may not charge the
10person less than $2.50 for each request. The requirements under this paragraph are
11subject to the exception and waiver provisions under par. (c).
AB150, s. 6372 12Section 6372. 302.386 (4) (a) of the statutes is amended to read:
AB150,2095,1513 302.386 (4) (a) The specific medical or dental services on which a deductible,
14coinsurance, copayment or similar charge may be imposed under sub. (3) (a) or must
15be imposed under sub. (3) (b)
.
AB150, s. 6373 16Section 6373. 302.386 (4) (b) of the statutes is amended to read:
AB150,2095,1917 302.386 (4) (b) The amounts of deductibles, coinsurances, copayments or
18similar charges that may be imposed on for the medical or dental services under par.
19(a).
AB150, s. 6374 20Section 6374. 302.425 (1) of the statutes is renumbered 302.425 (1) (intro.)
21and amended to read:
AB150,2095,2222 302.425 (1) Definition. (intro.) In this section, "jail":
AB150,2095,23 23(b) "Jail" includes a house of correction and a Huber facility under s. 303.09.
AB150, s. 6375 24Section 6375. 302.425 (1) (a) of the statutes is created to read:
AB150,2095,2525 302.425 (1) (a) "County department" has the meaning given in s. 48.02 (2g).
AB150, s. 6376
1Section 6376. 302.425 (2g) of the statutes is created to read:
AB150,2096,52 302.425 (2g) County departments and department of health and social
3services; general authority.
Subject to the limitations under sub. (3m), a county
4department or the department of health and social services may place in the home
5detention program any child who is in its custody or under its supervision.
AB150, s. 6377 6Section 6377. 302.425 (2m) of the statutes is amended to read:
AB150,2096,97 302.425 (2m) Intensive sanctions program participants. Notwithstanding the
8agreement requirements under sub. (3), the department of corrections may place any
9intensive sanctions program participant in a home detention program.
AB150, s. 6378 10Section 6378. 302.425 (3) of the statutes is amended to read:
AB150,2096,2011 302.425 (3) (title) Placement of a prisoner in the program. If a prisoner
12described under sub. (2) and the department of corrections agree, the sheriff may
13place the prisoner in the home detention program and provide that the prisoner be
14detained at the prisoner's place of residence or other place designated by the sheriff
15and be monitored by an active electronic monitoring system. The sheriff shall
16establish reasonable terms of detention and ensure that the prisoner is provided a
17written statement of those terms, including a description of the detention monitoring
18procedures and requirements and of any applicable liability issues. The terms may
19include a requirement that the prisoner pay the county a daily fee to cover the county
20costs associated with monitoring him or her.
AB150, s. 6379 21Section 6379. 302.425 (3m) of the statutes is created to read:
AB150,2097,822 302.425 (3m) Placement of a child in the program. Upon the agreement of
23the department of corrections, the county department or the department of health
24and social services may place the child in the home detention program and provide
25that the child be detained at the child's place of residence or other place designated

1by the county department or the department of health and social services and be
2monitored by an active electronic monitoring system. The county department or the
3department of health and social services shall provide reasonable terms of detention
4and ensure that the child receives a written statement of those terms, including a
5description of the detention monitoring procedures and requirements and of any
6applicable liability issues. The terms may include a requirement that the child or
7his or her parent or guardian pay the county or state a daily fee to cover the costs
8associated with monitoring him or her.
AB150, s. 6380 9Section 6380. 302.425 (4) of the statutes is amended to read:
AB150,2097,1810 302.425 (4) Departmental duties. The department of corrections shall ensure
11that electronic monitoring equipment units are available, pursuant to contractual
12agreements with county sheriffs, county departments and the department of health
13and social services,
throughout the state on an equitable basis. If a prisoner is chosen
14under sub. (3) or a child is chosen under sub. (3m) to participate in the home
15detention program, the department of corrections shall install and monitor
16electronic monitoring equipment. The department of corrections shall charge the
17county a daily per prisoner fee or per child fee, whichever is applicable, to cover the
18department's costs for these services.
AB150, s. 6381 19Section 6381. 302.425 (6) of the statutes is amended to read:
AB150,2097,2320 302.425 (6) Escape. Any intentional failure of a prisoner to remain within the
21limits of his or her detention or to return to his or her place of detention, as specified
22in the terms of detention under sub. (3), is considered an escape under s. 946.42 (3)
23(a).
AB150, s. 6382 24Section 6382. 303.01 (1) (b) of the statutes is amended to read:
AB150,2098,11
1303.01 (1) (b) The department, with the approval of the prison industries board
2and after a hearing is held under par. (c), may establish industries for the
3employment of inmates in the state prisons or residents in any correctional
4institution operated by the department for holding in secure custody persons
5adjudged delinquent
. Except as provided in par. (d), prison industries may engage
6in manufacturing articles for and providing services to the state and its political
7subdivisions and any tax-supported institution or nonprofit agency and for sale of
8such articles and services to other states or political divisions thereof or to the United
9States. The department shall fix the price of all products and services as near the
10market price as possible. Supplies, materials and equipment may be reconditioned
11by prison industries for sale under s. 16.72.
AB150, s. 6383 12Section 6383. 303.01 (2) (e) of the statutes is amended to read:
AB150,2098,1613 303.01 (2) (e) Maintain auto shops in connection with auto schools and may
14receive from licensed automobile dealers and regularly established automobile
15repair shops vehicles to be repaired, painted or otherwise processed by inmates or
16residents
of the school;
AB150, s. 6384 17Section 6384. 303.01 (2) (em) of the statutes is created to read:
AB150,2099,718 303.01 (2) (em) Lease space, with or without equipment, within the precincts
19of state prisons, as specified in s. 302.02, to not more than 3 private businesses to
20employ prison inmates to manufacture products or components or to provide services
21for sale on the open market. The department shall comply with s. 16.75 in selecting
22businesses under this paragraph. The department shall consult with appropriate
23trade organizations and labor unions prior to issuing requests for proposals and prior
24to selecting proposals under this paragraph. Each such private business may
25conduct its operations as a private business, subject to the wage standards under

1sub. (4), the disposition of earnings under sub. (8), the requirements for notification
2and hearing under sub. (1) (c), the requirement for prison industries board approval
3under s. 303.015 (1) (b) and the authority of the department to maintain security and
4control in its institutions. The private business and its operations are not a prison
5industry. Inmates employed by the private business are not subject to the
6requirements of inmates participating in prison industries, except as provided in this
7paragraph;
AB150, s. 6385 8Section 6385. 303.01 (2) (em) of the statutes, as created by 1995 Wisconsin Act
9.... (this act), is amended to read:
AB150,2100,210 303.01 (2) (em) Lease space, with or without equipment, within the precincts
11of state prisons, as specified in s. 302.02, or within the confines of correctional
12institutions operated by the department for holding in secure custody persons
13adjudged delinquent,
to not more than 3 private businesses to employ prison inmates
14and institution residents to manufacture products or components or to provide
15services for sale on the open market. The department shall comply with s. 16.75 in
16selecting businesses under this paragraph. The department shall consult with
17appropriate trade organizations and labor unions prior to issuing requests for
18proposals and prior to selecting proposals under this paragraph. Each such private
19business may conduct its operations as a private business, subject to the wage
20standards under sub. (4), the disposition of earnings under sub. (8), the requirements
21for notification and hearing under sub. (1) (c), the requirement for prison industries
22board approval under s. 303.015 (1) (b) and the authority of the department to
23maintain security and control in its institutions. The private business and its
24operations are not a prison industry. Inmates employed by the private business are

1not subject to the requirements of inmates participating in prison industries, except
2as provided in this paragraph;
AB150, s. 6386 3Section 6386. 303.01 (2) (f) of the statutes is amended to read:
AB150,2100,54 303.01 (2) (f) Lease or purchase land within the state for the employment of
5prisoners or residents; and
AB150, s. 6387 6Section 6387. 303.01 (2) (g) of the statutes is amended to read:
AB150,2100,97 303.01 (2) (g) Construct barracks for the safekeeping of prisoners or residents
8employed in the prison industries outside the prison or institution proper on the
9prison or institution premises.
AB150, s. 6388 10Section 6388. 303.01 (4) of the statutes is amended to read:
AB150,2100,1711 303.01 (4) Wage standards. All inmates and residents shall be paid a wage
12which that is based on the productivity of the work the inmates and residents
13perform. Wages may be established at an hourly rate plus an incentive wage based
14on productivity and piecework formulas may be created. However, wages shall not
15be set at a rate such as to cause a deficit on operations. Changes in inmate and
16resident
wage rate schedules may not be made without approval of the prison
17industries board.
AB150, s. 6389 18Section 6389. 303.01 (6) of the statutes is amended to read:
AB150,2101,219 303.01 (6) Goal. To the extent possible, prison industries shall be operated in
20a manner that is similar to private business and industry. The primary goal of prison
21industries shall be to operate in a profitable manner. Within this goal, inmates or
22residents
employed in prison industries shall be provided with training and work
23experience that allows them to develop skills necessary to retain employment in
24outside business and industry. Consistent with available resources, inmates or
25residents
employed in prison industries may be required to take education courses

1related to their work to enhance their capacity for employment upon release from
2prison or an institution specified under sub. (1) (b).
AB150, s. 6390 3Section 6390. 303.01 (8) of the statutes is amended to read:
AB150,2101,124 303.01 (8) Disposition of earnings. The department has the authority to
5determine how much, if any, of the earnings of an inmate or resident may be spent
6and for what purposes they may be spent within the confines of the prison or
7institution
. The department shall distribute earnings for the crime victim and
8witness assistance surcharge under s. 973.045 (4), for the deoxyribonucleic acid
9analysis surcharge under s. 973.046 (4) and for compliance with s. 303.06 (2) and may
10distribute earnings for the support of the inmate's or resident's dependents and for
11other obligations either acknowledged by the inmate or resident in writing or which
12have been reduced to judgment that may be satisfied according to law.
AB150, s. 6391 13Section 6391. 303.015 (1) (c) of the statutes is amended to read:
AB150,2101,1914 303.015 (1) (c) Prior to submission to the legislative council staff for review
15under s. 227.15, departmental rules relating to hiring, termination, evaluation and
16compensation of, or other conditions of employment for, inmates or residents in
17prison industries shall be submitted to the board for approval. Board authority over
18rules shall not extend to determination of which inmates or residents are eligible for
19employment in prison industries or to security matters.
AB150, s. 6392 20Section 6392. 303.04 of the statutes is amended to read:
AB150,2101,24 21303.04 Correctional farms. The board of commissioners of public lands, the
22department of natural resources, the department of tourism and parks and the
23department may select from the state forest reserves a quantity of land not to exceed
245,000 acres and convert the same into farms for the state prisons.
AB150, s. 6393 25Section 6393. 303.06 (1) of the statutes is amended to read:
AB150,2102,4
1303.06 (1) Except as authorized in sub. subs. (2) to (5), no goods, except farm
2machinery, farm implements and tools, cordage rope and ply goods, manufactured
3wholly or partly by inmates in any state, city or county penal institution may be
4offered for sale in the open market.
AB150, s. 6394 5Section 6394. 303.06 (2) of the statutes is amended to read:
AB150,2102,136 303.06 (2) The department may enter into or renew a contract with a
7manufacturer or distributor to have prison industries provide products, components
8or services if at the time that the contract is originally entered into the products,
9components or services have been supplied to the manufacturer or distributor for the
10previous 12 months by a facility outside the United States. The department shall
11collect not less than 5% nor more than 20% of the gross wages of inmates or residents
12earned under such a contract to be credited to the appropriation under s. 20.455 (5)
13(i).
AB150, s. 6395 14Section 6395. 303.06 (3) of the statutes is created to read:
AB150,2102,1715 303.06 (3) A private business may sell products, components or services under
16s. 303.01 (2) (em) in the open market. Similar products, components or services from
17a prison industry program from another state may be sold in the open market.
AB150, s. 6396 18Section 6396. 303.06 (4) of the statutes is created to read:
AB150,2102,2219 303.06 (4) (a) The department may sell, in the open market, by-products of
20mattresses or by-products of paint from prison industries recycling operations.
21By-products of mattresses and by-products of paint from recycling operations of
22prisons in another state may be sold in the open market.
AB150,2102,2523 (b) The department may enter into or renew a contract with a manufacturer
24or distributor to have prison industries provide by-products of mattresses or
25by-products of paint from prison industries recycling operations.
AB150,2103,13
1(c) Prior to the establishment of a prison industry under s. 303.01 (1) (b)
2relating to providing by-products of mattresses or by-products of paint from prison
3industries recycling operations, providing related notice under s. 303.01 (1) and
4receiving related approval under s. 303.015 (1) (b) and prior to entering into a
5contract under par. (b), the department shall provide written notification of the
6intent to provide those by-products or to enter into a contract to provide those
7by-products. The department shall provide the notification to those trade
8organizations and labor unions that the department determines would be interested
9in receiving the information. The notification shall include specific information on
10the proposal, the proposal's impact on private business, industry and labor and, if
11applicable, the method for the trade organization or labor union to communicate with
12the joint committee on finance before its hearing under s. 303.01 (1) (c) and with the
13board before it acts under s. 303.015 (1) (b).
AB150, s. 6397 14Section 6397. 303.06 (5) of the statutes is created to read:
AB150,2103,1915 303.06 (5) A tax-supported institution or a nonprofit agency may offer for sale
16in the open market products manufactured in whole or in part by inmates in a state
17penal institution as part of a hobby-craft program or vocational training if the
18purpose of the sale is to support the institution's or agency's mission or is for some
19other charitable purpose.
AB150, s. 6398 20Section 6398. 303.065 (1) of the statutes is amended to read:
AB150,2104,221 303.065 (1) The department may grant work release privileges to any person
22incarcerated within the state prisons, except that no person serving a life sentence
23may be considered for work release until he or she has reached parole eligibility
24under s. 304.06 (1) (b) or 973.014 (1) (a) or (b), whichever is applicable, and no person

1serving a life sentence under s. 939.62 (2m) or 973.014 (1) (c) may be considered for
2work release.
AB150, s. 6399 3Section 6399. 303.066 of the statutes is created to read:
AB150,2104,5 4303.066 Wisconsin conservation corps projects. The department may
5sponsor Wisconsin conservation corps projects under s. 16.20 (8m) 106.215 (8g).
****Note: This is reconciled s. 303.066. This Section has been affected by drafts with the
following LRB numbers: LRB-1306 and LRB-2602.
AB150, s. 6400 6Section 6400. 303.21 (1) (b) of the statutes is amended to read:
AB150,2104,137 303.21 (1) (b) Inmates are included under par. (a) if they are participating in
8a structured work program away from the institution grounds under s. 302.15.
9Inmates are not included under par. (a) if they are employed in a prison industry
10under s. 303.06 (2), participating in a work release program under s. 303.065 (2),
11participating in employment with a private business under s. 303.01 (2) (em)
or
12participating in the transitional employment program, but they are eligible for
13worker's compensation benefits as provided under ch. 102.
AB150, s. 6401 14Section 6401. 303.21 (1) (b) of the statutes, as affected by 1995 Wisconsin Act
15.... (this act), is repealed and recreated to read:
AB150,2105,216 303.21 (1) (b) Inmates are included under par. (a) if they are participating in
17a structured work program away from the institution grounds under s. 302.15.
18Inmates are not included under par. (a) if they are employed in a prison industry
19under s. 303.06 (2), participating in a work release program under s. 303.065 (2),
20participating in employment with a private business under s. 303.01 (2) (em) or
21participating in the transitional employment program, but they are eligible for
22worker's compensation benefits under ch. 102. Residents subject to s. 303.01 (1) (b)

1are not included under par. (a) but they are eligible for worker's compensation
2benefits under ch. 102.
AB150, s. 6402 3Section 6402. 303.215 of the statutes is amended to read:
AB150,2105,14 4303.215 (title) Compensation to prisoners or residents injured in
5prison industries employment.
In accordance with s. 102.03 (2), for an inmate
6of a state institution or a resident subject to s. 303.01 (1) (b) employed under s. 303.06
7(2), compensation under ch. 102 on being released from the applicable institution,
8either on parole or, on final discharge or in accordance with ch. 48, whichever is
9applicable
, is the exclusive remedy against the department and any employe of the
10department for any injury sustained by the inmate or resident while performing
11service growing out of and incidental to that employment. The department shall
12make any payments required under this section from the revolving appropriation for
13the operation of prison industries or, if there is no revolving appropriation for the
14operation of prison industries, from the general fund.
AB150, s. 6403 15Section 6403. 303.22 of the statutes is amended to read:
AB150,2105,19 16303.22 Work on Sundays and holidays. No prisoner shall, or resident
17subject to s. 303.01 (1) (b), may
be compelled to work on Sunday or a legal holiday,
18except it be on if the work is necessary household work or when the work is necessary
19to maintain the management or discipline of the institution.
AB150, s. 6404 20Section 6404. 304.02 (5) of the statutes is amended to read:
AB150,2105,2321 304.02 (5) Notwithstanding subs. (1) to (3), a prisoner who is serving a life
22sentence under s. 939.62 (2m) or 973.014 (1) (c) is not eligible for release to parole
23supervision under this section.
AB150, s. 6405 24Section 6405. 304.06 (1) (b) of the statutes, as affected by 1993 Wisconsin Act
25377
, is amended to read:
AB150,2106,17
1304.06 (1) (b) Except as provided in sub. (1m) or s. 161.49 (2), 302.045 (3) or
2973.0135, the parole commission may parole an inmate of the Wisconsin state
3prisons or any felon or any person serving at least one year or more in a county house
4of correction or a county reforestation camp organized under s. 303.07, when he or
5she has served 25% of the sentence imposed for the offense, or 6 months, whichever
6is greater. The parole commission may parole a participant in the youthful serious
7juvenile
offender program under s. 48.537 when he or she has participated in that
8program for 2 years. Except as provided in s. 939.62 (2m) or 973.014, the parole
9commission may parole an inmate serving a life term when he or she has served 20
10years, as modified by the formula under s. 302.11 (1) and subject to extension using
11the formulas under s. 302.11 (2). The person serving the life term shall be given
12credit for time served prior to sentencing under s. 973.155, including good time under
13s. 973.155 (4). The secretary may grant special action parole releases under s.
14304.02. The department or the parole commission shall not provide any convicted
15offender or other person sentenced to the department's custody any parole eligibility
16or evaluation until the person has been confined at least 60 days following
17sentencing.
AB150, s. 6406 18Section 6406. 304.07 of the statutes, as affected by 1993 Wisconsin Act 385,
19is renumbered 48.535.
AB150, s. 6407 20Section 6407. 304.071 (2) of the statutes is amended to read:
AB150,2106,2321 304.071 (2) If a prisoner is not eligible for parole under s. 161.49 (2), 939.62
22(2m), 973.014 (1) (c) or 973.032 (5), he or she is not eligible for parole under this
23section.
AB150, s. 6408 24Section 6408. 304.074 of the statutes is created to read:
AB150,2107,8
1304.074 Probationer and parolee reimbursement fee. (1) Beginning on
2July 1, 1996, the department shall charge a fee to probationers and parolees to
3partially reimburse the department for the costs of providing supervision and
4services. The department shall charge each probationer or parolee at a rate of $1 per
5day, except the department shall not charge the fee while the probationer or parolee
6is exempt under sub. (2). The department shall collect moneys for the fees charged
7under this subsection and deposit those moneys in the general fund as general
8purpose revenue — earned.
AB150,2107,10 9(2) The department shall not charge the fee under sub. (1) while the
10probationer or parolee meets any of the following conditions:
AB150,2107,1111 (a) Is unemployed.
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