AB150: Bill Text Engrossed

AB150-engrossed,2126,17 301.28 (1) In this section, "correctional officer" means any person classified as a correctional officer employed by the state whose principal duty is the supervision of inmates at a prison, as defined in s. 302.01, or the supervision of children at a secured correctional facility, as defined in s. 48.02 (15m), operated by the department.

AB150-engrossed, s. 6364 Section 6364. 301.32 (title) and (1) of the statutes are amended to read:

AB150-engrossed,2127,10 301.32 (title) Property of prisoners, residents and probationers. (1) Property delivered to steward; credit and debit. All money including wages and other property delivered to an officer or employe of any institution for the benefit of a prisoner or resident shall be delivered to the steward, who shall enter the property upon his or her books to the credit of a the prisoner or resident. The property may be used only under the direction and with the approval of the superintendent or warden and for the crime victim and witness assistance surcharge under s. 973.045 (4), the deoxyribonucleic acid analysis surcharge under s. 973.046 or the benefit of the prisoner or resident. If the money remains uncalled for one year after the prisoner's or resident's death or departure from the institution, the superintendent shall deposit it in the general fund. If any prisoner or resident leaves property, other than money, uncalled for at an institution for one year, the superintendent shall sell the property and deposit the proceeds in the general fund. If any person satisfies the department, within 5 years after the deposit, of his or her right to the deposit, the department shall direct the department of administration to draw its warrant in favor of the claimant and it shall charge the same to the appropriation made by s. 20.913 (3) (bm).

AB150-engrossed, s. 6364c Section 6364c. 301.32 (3) (a) of the statutes is amended to read:

AB150-engrossed,2127,16 301.32 (3) (a) All money or other property paid or delivered to a probation and parole agent or other employe of the department by or for the benefit of any person on probation, community supervision or parole shall be immediately transmitted to the department and it shall enter the same upon its books to his or her credit. The property shall be used only under the direction of the department.

AB150-engrossed, s. 6364d Section 6364d. 301.32 (3) (b) of the statutes is amended to read:

AB150-engrossed,2127,21 301.32 (3) (b) If the person on probation, community supervision or parole absconds, the money shall be credited to the revolving fund created by s. 304.075; and other property if not called for within one year shall be sold by the department and the proceeds shall be credited to the fund.

AB150-engrossed, s. 6364g Section 6364g. 301.325 of the statutes is created to read:

AB150-engrossed,2128,7 301.325 Prisoner reimbursement to the state. The department may charge a prisoner for some or all of the costs to the department of the prisoner's incarceration. The department may collect from the inmate during his or her incarceration or after his or her release or both. Upon the request of the department, the attorney general may bring a civil action to recover costs under this section that the department has been unable to collect. The department may not recover under this section for any costs already recovered as otherwise provided in chs. 301 to 303. The department shall promulgate rules providing a method of charging under this section that is based on a prisoner's ability to pay and providing procedures for collection of the costs.

AB150-engrossed, s. 6364L Section 6364L. 301.35 (2) (am) of the statutes is created to read:

AB150-engrossed,2128,9 301.35 (2) (am) A person on community supervision.

AB150-engrossed, s. 6364m Section 6364m. 301.36 (1) of the statutes is amended to read:

AB150-engrossed,2128,16 301.36 (1) General authority. The department shall investigate and supervise all of the state correctional institutions and all secure detention facilities and familiarize itself with all of the circumstances affecting their management and usefulness. The department may take enforcement action as to a secure detention facility or the juvenile portion of a county jail only after consultation with the department of health and social services.

AB150-engrossed, s. 6365 Section 6365. 301.36 (5) of the statutes is amended to read:

AB150-engrossed,2128,25 301.36 (5) Enforcement by attorney general and district attorneys. Upon request of the department, the attorney general or the district attorney serving the proper county shall aid in any investigation, inspection, hearing or trial had under this chapter or those sections of ch. 48 relating to powers of the department, and shall institute and prosecute all necessary actions or proceedings for the enforcement of those provisions and for the punishment of violations of those provisions. The attorney general or district attorney so requested shall report or confer with the department regarding the request, within 30 days after receipt of the request.

AB150-engrossed, s. 6365g Section 6365g. 302.01 of the statutes is amended to read:

AB150-engrossed,2129,18 302.01 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 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) or (1o), 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, and state-local shared correctional facilities when established under s. 301.14, are state prisons.

AB150-engrossed, s. 6365j Section 6365j. 302.14 of the statutes is amended to read:

AB150-engrossed,2130,3 302.14 (title) Property of deceased inmates, parolees or, probationers or persons on community supervision, disposition. When an inmate of a prison or a parolee of an institution or a person on probation or community supervision to the department dies leaving an estate of $150 or less in the trust of the warden, superintendent or secretary, the warden, superintendent or secretary shall try to determine whether or not the estate is to be probated. If probate proceedings are not commenced within 90 days, the warden, superintendent or secretary shall turn over the money or securities to the nearest of kin as evidenced by the records of the institution and the department.

AB150-engrossed, s. 6366m Section 6366m. 302.18 (7) of the statutes is amended to read:

AB150-engrossed,2130,9 302.18 (7) Except as provided in s. 973.013 (3m), the department of corrections shall keep all prisoners under 16 years of age in secured juvenile correctional facilities or secured child caring institutions, but the department of health and social services, with the concurrence of the department of corrections, may transfer them to adult correctional institutions after they attain 16 years of age.

AB150-engrossed, s. 6367 Section 6367. 302.31 of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB150-engrossed,2131,2 302.31 Use of jails. The county jail may be used for the detention of persons charged with crime and committed for trial; for the detention of persons committed to secure their attendance as witnesses; to imprison persons committed pursuant to a sentence or held in custody by the sheriff for any cause authorized by law; for the detention of persons sentenced to imprisonment in state penal institutions or a county house of correction, until they are removed to those institutions; for the detention of persons participating in the intensive sanctions program; for the temporary detention of persons in the custody of the department; and for other detentions authorized by law. The county jail may be used for the temporary placement of persons in the custody of the department, and persons who have attained the age of 18 17 years but have not attained the age of 25 years who are under the supervision of the department of health and social services under s. 48.355 (4) or 48.366 and who have been taken into custody pending revocation of aftercare supervision under s. 48.357 (5) (e) or 48.366 (5) or corrective sanctions supervision under s. 48.357 (5) (e).

AB150-engrossed, s. 6367m Section 6367m. 302.31 of the statutes, as affected by 1993 Wisconsin Act 385 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-engrossed,2131,18 302.31 Use of jails. The county jail may be used for the detention of persons charged with crime and committed for trial; for the detention of persons committed to secure their attendance as witnesses; to imprison persons committed pursuant to a sentence or held in custody by the sheriff for any cause authorized by law; for the detention of persons sentenced to imprisonment in state penal institutions or a county house of correction, until they are removed to those institutions; for the detention of persons participating in the intensive sanctions program; for the temporary detention of persons in the custody of the department; and for other detentions authorized by law. The county jail may be used for the temporary placement of persons in the custody of the department, and persons who have attained the age of 17 years but have not attained the age of 25 years who are under the supervision of the department under s. 48.355 (4) or 48.366 and who have been taken into custody pending revocation of aftercare supervision under s. 48.357 (5) (e) or 48.366 (5) or corrective sanctions supervision under s. 48.357 (5) (e).

AB150-engrossed, s. 6367x Section 6367x. 302.33 (2) (a) 3. of the statutes is amended to read:

AB150-engrossed,2132,5 302.33 (2) (a) 3. After verification by the department, it shall reimburse the county or tribal governing body at a rate of $36 per person per day prior to January 1, 1993, and $40 per person per day thereafter, subject to the conditions in subds. 1. and 2. If the amount provided under s. 20.410 (1) (bn), after payment is made under subd. 4., for any fiscal year is insufficient to provide complete reimbursement at that rate, the department shall prorate the payments under this subdivision to counties or tribal governing bodies for that fiscal year. The department shall not reimburse a county or tribal governing body unless that county or tribal governing body informs the department of the amount of reimbursement to which it is entitled under this subsection no later than September 1 of the fiscal year following the fiscal year for which reimbursement is requested.

AB150-engrossed, s. 6368c Section 6368c. 302.33 (2) (a) 4. of the statutes is repealed.

AB150-engrossed, s. 6369 Section 6369. 302.38 (3) of the statutes is amended to read:

AB150-engrossed,2132,15 302.38 (3) The maximum amount that a governmental unit may pay for the costs of medical or hospital care under this section is limited for that care to the amount payable by medical assistance under ss. 49.43 to 49.47 subch. IV of ch. 49, except s. 49.468, for care for which a medical assistance rate exists. No provider of medical or hospital care may bill a prisoner under sub. (1) for the cost of care exceeding the amount paid under this subsection by the governmental unit. If no medical assistance rate exists for the care provided, there is no limitation under this subsection.

AB150-engrossed, s. 6369q Section 6369q. 302.386 (2m) of the statutes is created to read:

AB150-engrossed,2132,19 302.386 (2m) The department shall collect moneys under sub. (2) for medical and dental services furnished to residents under sub. (1) and credit those moneys to the appropriation account under s. 20.410 (1) (gi).

AB150-engrossed, s. 6370 Section 6370. 302.386 (3) of the statutes is renumbered 302.386 (3) (a) and amended to read:

AB150-engrossed,2133,3 302.386 (3) (a) The Except as provided in par. (b), the department may require a resident housed in a prison identified in s. 302.01 or in a secured correctional facility as defined in s. 48.02 (15m) who earns wages during residency and who receives medical or dental services to pay a deductible, coinsurance, copayment or similar charge upon the medical or dental service that he or she receives. The department shall collect the allowable deductible, coinsurance, copayment or similar charge.

AB150-engrossed,2133,8 (c) No provider of services may deny care or services because the resident is unable to pay the applicable deductible, coinsurance, copayment or similar charge, but an inability to pay these charges does not relieve the resident of liability for the charges unless the department excepts or waives the liability under criteria that the department shall establish by rule.

AB150-engrossed, s. 6371 Section 6371. 302.386 (3) (b) of the statutes is created to read:

AB150-engrossed,2133,14 302.386 (3) (b) If the resident under par. (a) requests the medical services or dental services, the department shall require the resident to pay the deductible, coinsurance, copayment or similar charge. The department may not charge the person less than $2.50 for each request. The requirements under this paragraph are subject to the exception and waiver provisions under par. (c).

AB150-engrossed, s. 6371g Section 6371g. 302.386 (3) (d) of the statutes is created to read:

AB150-engrossed,2133,17 302.386 (3) (d) The department shall credit all moneys that it collects under this subsection to the appropriation account under s. 20.410 (1) (gi).

AB150-engrossed, s. 6372 Section 6372. 302.386 (4) (a) of the statutes is amended to read:

AB150-engrossed,2133,21 302.386 (4) (a) The specific medical or dental services on which a deductible, coinsurance, copayment or similar charge may be imposed under sub. (3) (a) or must be imposed under sub. (3) (b).

AB150-engrossed, s. 6373 Section 6373. 302.386 (4) (b) of the statutes is amended to read:

AB150-engrossed,2133,25 302.386 (4) (b) The amounts of deductibles, coinsurances, copayments or similar charges that may be imposed on for the medical or dental services under par. (a).

AB150-engrossed, s. 6373m Section 6373m. 302.386 (6) of the statutes is created to read:

AB150-engrossed,2134,4 302.386 (6) The department may collect a deductible, coinsurance, copayment or similar charge under this section or the department or the attorney general may collect under s. 301.325, but the state may not collect for the same expense twice.

AB150-engrossed, s. 6374 Section 6374. 302.425 (1) of the statutes is renumbered 302.425 (1) (intro.) and amended to read:

AB150-engrossed,2134,7 302.425 (1) Definition. (intro.) In this section, "jail":

AB150-engrossed,2134,8 (b) "Jail" includes a house of correction and a Huber facility under s. 303.09.

AB150-engrossed, s. 6375 Section 6375. 302.425 (1) (a) of the statutes is created to read:

AB150-engrossed,2134,10 302.425 (1) (a) "County department" has the meaning given in s. 48.02 (2g).

AB150-engrossed, s. 6376 Section 6376. 302.425 (2g) of the statutes is created to read:

AB150-engrossed,2134,15 302.425 (2g) County departments and department of health and social services; general authority. Subject to the limitations under sub. (3m), a county department or the department of health and social services may place in the home detention program any child who is in its custody or under its supervision.

AB150-engrossed, s. 6377 Section 6377. 302.425 (2m) of the statutes is amended to read:

AB150-engrossed,2134,19 302.425 (2m) Intensive sanctions program participants. Notwithstanding the agreement requirements under sub. (3), the department of corrections may place any intensive sanctions program participant in a home detention program.

AB150-engrossed, s. 6378 Section 6378. 302.425 (3) of the statutes is amended to read:

AB150-engrossed,2135,5 302.425 (3) (title) Placement of a prisoner in the program. If a prisoner described under sub. (2) and the department of corrections agree, the sheriff may place the prisoner in the home detention program and provide that the prisoner be detained at the prisoner's place of residence or other place designated by the sheriff and be monitored by an active electronic monitoring system. The sheriff shall establish reasonable terms of detention and ensure that the prisoner is provided a written statement of those terms, including a description of the detention monitoring procedures and requirements and of any applicable liability issues. The terms may include a requirement that the prisoner pay the county a daily fee to cover the county costs associated with monitoring him or her.

AB150-engrossed, s. 6379 Section 6379. 302.425 (3m) of the statutes is created to read:

AB150-engrossed,2135,18 302.425 (3m) Placement of a child in the program. Upon the agreement of the department of corrections, the county department or the department of health and social services may place the child in the home detention program and provide that the child be detained at the child's place of residence or other place designated by the county department or the department of health and social services and be monitored by an active electronic monitoring system. The county department or the department of health and social services shall provide reasonable terms of detention and ensure that the child receives a written statement of those terms, including a description of the detention monitoring procedures and requirements and of any applicable liability issues. The terms may include a requirement that the child or his or her parent or guardian pay the county or state a daily fee to cover the costs associated with monitoring him or her.

AB150-engrossed, s. 6380 Section 6380. 302.425 (4) of the statutes is amended to read:

AB150-engrossed,2136,3 302.425 (4) Departmental duties. The department of corrections shall ensure that electronic monitoring equipment units are available, pursuant to contractual agreements with county sheriffs, county departments and the department of health and social services, throughout the state on an equitable basis. If a prisoner is chosen under sub. (3) or a child is chosen under sub. (3m) to participate in the home detention program, the department of corrections shall install and monitor electronic monitoring equipment. The department of corrections shall charge the county a daily per prisoner fee or per child fee, whichever is applicable, to cover the department's costs for these services.

AB150-engrossed, s. 6381 Section 6381. 302.425 (6) of the statutes is amended to read:

AB150-engrossed,2136,8 302.425 (6) Escape. Any intentional failure of a prisoner to remain within the limits of his or her detention or to return to his or her place of detention, as specified in the terms of detention under sub. (3), is considered an escape under s. 946.42 (3) (a).

AB150-engrossed, s. 6382 Section 6382. 303.01 (1) (b) of the statutes is amended to read:

AB150-engrossed,2136,20 303.01 (1) (b) The department, with the approval of the prison industries board and after a hearing is held under par. (c), may establish industries for the employment of inmates in the state prisons or residents in any correctional institution operated by the department for holding in secure custody persons adjudged delinquent. Except as provided in par. (d), prison industries may engage in manufacturing articles for and providing services to the state and its political subdivisions and any tax-supported institution or nonprofit agency and for sale of such articles and services to other states or political divisions thereof or to the United States. The department shall fix the price of all products and services as near the market price as possible. Supplies, materials and equipment may be reconditioned by prison industries for sale under s. 16.72.

AB150-engrossed, s. 6383 Section 6383. 303.01 (2) (e) of the statutes is amended to read:

AB150-engrossed,2136,25 303.01 (2) (e) Maintain auto shops in connection with auto schools and may receive from licensed automobile dealers and regularly established automobile repair shops vehicles to be repaired, painted or otherwise processed by inmates or residents of the school;

AB150-engrossed, s. 6384 Section 6384. 303.01 (2) (em) of the statutes is created to read:

AB150-engrossed,2137,17 303.01 (2) (em) Lease space, with or without equipment, within the precincts of state prisons, as specified in s. 302.02, to not more than 3 private businesses to employ prison inmates 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 select a business or enter into a lease under this paragraph only with 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 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;

AB150-engrossed, s. 6385 Section 6385. 303.01 (2) (em) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

AB150-engrossed,2138,12 303.01 (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 3 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 select a business or enter into a lease under this paragraph only with 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 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;

AB150-engrossed, s. 6386 Section 6386. 303.01 (2) (f) of the statutes is amended to read:

AB150-engrossed,2138,15 303.01 (2) (f) Lease or purchase land within the state for the employment of prisoners or residents; and

AB150-engrossed, s. 6387 Section 6387. 303.01 (2) (g) of the statutes is amended to read:

AB150-engrossed,2138,19 303.01 (2) (g) Construct barracks for the safekeeping of prisoners or residents employed in the prison industries outside the prison or institution proper on the prison or institution premises.

AB150-engrossed, s. 6388 Section 6388. 303.01 (4) of the statutes is amended to read:

AB150-engrossed,2139,2 303.01 (4) Wage standards. All inmates and residents shall be paid a wage which that is based on the productivity of the work the inmates and residents perform. Wages may be established at an hourly rate plus an incentive wage based on productivity and piecework formulas may be created. However, wages shall not be set at a rate such as to cause a deficit on operations. Changes in inmate and resident wage rate schedules may not be made without approval of the prison industries board.

AB150-engrossed, s. 6389 Section 6389. 303.01 (6) of the statutes is amended to read:

AB150-engrossed,2139,12 303.01 (6) Goal. To the extent possible, prison industries shall be operated in a manner that is similar to private business and industry. The primary goal of prison industries shall be to operate in a profitable manner. Within this goal, inmates or residents employed in prison industries shall be provided with training and work experience that allows them to develop skills necessary to retain employment in outside business and industry. Consistent with available resources, inmates or residents employed in prison industries may be required to take education courses related to their work to enhance their capacity for employment upon release from prison or an institution specified under sub. (1) (b).

AB150-engrossed, s. 6390 Section 6390. 303.01 (8) of the statutes is amended to read:

AB150-engrossed,2139,24 303.01 (8) Disposition of earnings. The department has the authority to determine how much, if any, of the earnings of an inmate or resident may be spent and for what purposes they may be spent within the confines of the prison or institution. The department shall distribute earnings for the crime victim and witness assistance surcharge under s. 973.045 (4), 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. The department shall credit all moneys that it collects from earnings of inmates and residents under sub. (2) (em) to the appropriation account under s. 20.410 (1) (gi).

AB150-engrossed, s. 6391 Section 6391. 303.015 (1) (c) of the statutes is amended to read:

AB150-engrossed,2140,6 303.015 (1) (c) Prior to submission to the legislative council staff for review under s. 227.15, departmental rules relating to hiring, termination, evaluation and compensation of, or other conditions of employment for, inmates or residents in prison industries shall be submitted to the board for approval. Board authority over rules shall not extend to determination of which inmates or residents are eligible for employment in prison industries or to security matters.

AB150-engrossed, s. 6393 Section 6393. 303.06 (1) of the statutes is amended to read:

AB150-engrossed,2140,11 303.06 (1) Except as authorized in sub. (2) this section, no goods, except farm machinery, farm implements and tools, cordage rope and ply goods, manufactured wholly or partly by inmates in any state, city or county penal institution may be offered for sale in the open market.

AB150-engrossed, s. 6394 Section 6394. 303.06 (2) of the statutes is amended to read:

AB150-engrossed,2140,20 303.06 (2) The department may enter into or renew a contract with a manufacturer or distributor to have prison industries provide products, components or services if at the time that the contract is originally entered into the products, components or services have been supplied to the manufacturer or distributor for the previous 12 months by a facility outside the United States. The department shall collect not less than 5% nor more than 20% of the gross wages of inmates or residents earned under such a contract to be credited to the appropriation under s. 20.455 (5) (i).

AB150-engrossed, s. 6395 Section 6395. 303.06 (3) of the statutes is created to read:

AB150-engrossed,2140,24 303.06 (3) A private business may sell products, components or services under s. 303.01 (2) (em) in the open market. Similar products, components or services from a prison industry program from another state may be sold in the open market.

AB150-engrossed, s. 6398m Section 6398m. 303.065 (5) (dm) of the statutes is created to read: