AB444: Bill Text

LRB-2895/1

BF&RPN:kmg:kaf

1995 - 1996 LEGISLATURE

1995 Assembly BILL 444

June 20, 1995 - Introduced by Representatives Seratti, Goetsch, Musser, Porter, Duff, Green, Kelso, Owens, F. Lasee, Olsen, Handrick, Hahn, Freese, Kreibich, Ainsworth, Albers, Zukowski, Skindrud, Vrakas, Silbaugh, Schneiders, Gard, Ott, Ryba, Hasenohrl, Kreuser, Ziegelbauer and Wirch, cosponsored by Senators Petak, Huelsman, Darling, A. Lasee, Farrow, Zien, Drzewiecki and Breske. Referred to Committee on Criminal Justice and Corrections.

AB444,1,4 An Act to amend 301.37 (1), 302.38 (4), 302.381, 302.425 (1), 302.425 (3), 351.08, 973.03 (3) (d) and 973.09 (4); and to create 161.01 (12m) (f), 302.372, 303.08 (5m) and 303.10 of the statutes; relating to: county prisoners and county work camps.

Analysis by the Legislative Reference Bureau

Prisoner reimbursement to county

Under current law, there are various specific provisions authorizing counties to collect certain costs of maintaining prisoners in county jails, houses of correction or Huber (work release) facilities. For example, counties may recover certain medical and hospital costs incurred by jail prisoners. This bill creates a general provision authorizing a county to seek reimbursement for the expenses incurred by the county for persons who have been sentenced, or confined pursuant to probation, and are in a county jail, house of correction, Huber facility or work camp (see next section of analysis about work camps).

Under the bill, the county may obtain information on the financial status of each prisoner. The sheriff may obtain reimbursement by charging the prisoner while he or she is a prisoner, the district attorney or corporation counsel may bring a civil action to recover the expenses or the county may use a combination of these 2 methods.

County work camps

Under current law, a county board may maintain a Huber facility for county prisoners with work release privileges. The sheriff collects the earnings of these prisoners or the prisoners turn over their earnings to the sheriff. The sheriff then disburses the earnings according to the following priority order: first, board payments; 2nd, travel and other expenses; 3rd, support payments; 4th, payment of obligations; and 5th, payment to the prisoner upon discharge.

This bill authorizes a county, or 2 or more counties acting jointly, to establish a work camp. The sheriff assigns prisoners at a work camp to perform work, on a voluntary basis, at paid employment, work on a public works project or work for a public interest or a charitable purpose. The sheriff collects the earnings of these prisoners or the prisoners turn their earnings over to the sheriff. The sheriff disburses the earnings according to the following priority order: first, reimbursement to the county for food, clothing and travel expenses; 2nd, support for dependents who are receiving public assistance; 3rd, support for other dependents; and 4th, payment to the prisoner's institutional account. Counties, employers and organizations involved in a work camp option, and their officers, employes and agents are immune from civil liability for their good faith acts or omissions related to provision of a work camp option.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB444, s. 1 Section 1. 161.01 (12m) (f) of the statutes is created to read:

AB444,2,2 161.01 (12m) (f) A work camp under s. 303.10.

AB444, s. 2 Section 2. 301.37 (1) of the statutes is amended to read:

AB444,2,11 301.37 (1) The department shall fix reasonable standards and regulations for the design, construction, repair and maintenance of houses of correction, reforestation camps maintained under s. 303.07, jails as defined in s. 302.30, extensions of jails under s. 59.68 (7), rehabilitation facilities under s. 59.07 (76), lockup facilities as defined in s. 302.30, work camps under s. 303.10, Huber facilities under s. 303.09 and, after consulting with the department of health and social services, secure detention facilities, with respect to their adequacy and fitness for the needs which they are to serve.

AB444, s. 3 Section 3. 302.372 of the statutes is created to read:

AB444,2,14 302.372 Prisoner reimbursement to a county. (1) Definitions. In this section:

AB444,3,2 (a) "Jail" includes a house of correction, Huber facility under s. 303.09 or a work camp under s. 303.10.

AB444,3,3 (b) "Sheriff" includes a superintendent or other keeper of a jail.

AB444,3,7 (2) Reimbursement of expenses; county option. (a) Except as provided in pars. (c) and (d), a county may seek reimbursement for any expenses incurred by the county in relation to the crime for which a person was sentenced to a county jail, or for which the person was placed on probation and confined in jail, as follows:

AB444,3,12 1. From each person who is or was a prisoner, not more than $30 per day for the expenses of maintaining that prisoner or the actual per-day cost of maintaining that prisoner, whichever is less, as set by the county board by ordinance, for the entire period of time that the person is or was confined in the jail, including any period of pretrial detention.

AB444,3,13 2. To investigate the financial status of the person.

AB444,3,15 3. Any other expenses incurred by the county in order to collect payments under this section.

AB444,3,24 (b) Before seeking any reimbursement under this section, the county shall provide a form to be used for determining the financial status of prisoners. The form shall provide for obtaining the age and marital status of a prisoner, the number and ages of children of a prisoner, the number and ages of other dependents of a prisoner, type and value of real estate owned by a prisoner, type and value of personal property owned by a prisoner, the prisoner's cash and financial institution accounts, type and value of the prisoner's investments, pensions and annuities and any other personality of significant cash value owned by a prisoner. The county shall use the form whenever investigating the financial status of prisoners.

AB444,4,2 (c) This section applies to expenses incurred on or after the effective date of this paragraph .... [revisor inserts date].

AB444,4,8 (d) The sheriff shall choose, for each prisoner, whether to seek reimbursement under this section or as otherwise provided in chs. 301 to 303, but may not collect for the same expenses twice. The sheriff may choose to seek reimbursement for the expenses under sub. (2) (a) using the method under sub. (5), the method under sub. (6) or a combination of both methods, but may not seek reimbursement for the same expenses twice.

AB444,4,15 (3) List of prisoners; information; reports. At the request of the county board, the sheriff shall provide the board with a list containing the name of each sentenced prisoner or prisoner confined as a condition of probation, the term of sentence or confinement, and the date of admission, together with information regarding the financial status of each prisoner. The county board may investigate any information provided under this subsection to enable the county to obtain reimbursement under this section.

AB444,4,21 (4) Prisoner cooperation. A prisoner in a jail shall cooperate with the county in seeking reimbursement under this section for expenses incurred by the county for that prisoner. A prisoner who intentionally refuses to cooperate under this subsection may not earn good time credit under s. 302.43 or diminution of sentence under s. 303.19 (3). If the prisoner is confined as a condition of probation, refusal to cooperate is a ground for revocation of probation.

AB444,5,2 (5) Charge to obtain reimbursement. The sheriff may charge a prisoner for the expenses under sub. (2) (a) while he or she is a prisoner. If the sheriff maintains an institutional account for a prisoner's use for payment for items from canteen, vending or similar services, the sheriff may make deductions from the account to pay for the expenses under sub. (2) (a). Any money collected under this subsection shall be deposited in the county treasury.

AB444,5,8 (6) Action to obtain reimbursement. (a) Within 6 months after the release of a prisoner from jail, the district attorney or corporation counsel for the county where the jail is located shall commence a civil action in circuit court to obtain a judgment for the expenses under sub. (2) (a) or be barred. The sheriff shall provide any assistance that the district attorney or corporation counsel requests related to an action under this subsection.

AB444,5,10 (b) An action commenced under this subsection shall be commenced in the county where the jail is located or in the county where the defendant resides.

AB444,5,14 (c) The complaint in an action commenced under this subsection shall include the date and place of the sentence, the length of time of the sentence, the length of time actually served in the jail and the amount of expenses incurred by the county under sub. (2) (a).

AB444,5,18 (d) Before entering a judgment for the county, the court shall consider any legal obligations of the defendant for support or maintenance under ch. 767 and any moral obligation of the defendant to support dependants and may reduce the amount of the judgment entered for the county based on those obligations.

AB444,5,20 (e) Any money obtained as the result of an action commenced under this subsection shall be deposited in the county treasury.

AB444, s. 4 Section 4. 302.38 (4) of the statutes is amended to read:

AB444,6,2 302.38 (4) The governmental unit paying the costs of medical or hospital care under this section may collect the value of the same from the prisoner or the prisoner's estate as provided for in s. 49.08. If applicable, the governmental unit may proceed to collect under this section or may seek reimbursement under s. 302.372, but may not collect for the same expenses twice.

AB444, s. 5 Section 5. 302.381 of the statutes is amended to read:

AB444,6,10 302.381 Emergency services for crisis intervention for prisoners. The costs of providing emergency services for crisis intervention for prisoners of a jail or house of correction with medical illnesses or disabilities, mental illnesses, developmental disabilities or alcohol or other drug abuse problems are payable according to the criteria under s. 302.38 (2). If applicable, a county may seek payment under this section or seek reimbursement under s. 302.372, but may not collect for the same expenses twice.

AB444, s. 6 Section 6. 302.425 (1) of the statutes is amended to read:

AB444,6,13 302.425 (1) Definition. In this section, "jail" includes a house of correction, a work camp under s. 303.10 and a Huber facility under s. 303.09.

AB444, s. 7 Section 7. 302.425 (3) of the statutes is amended to read:

AB444,6,25 302.425 (3) Placement in the program. If a prisoner described under sub. (2) and the department 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. The county may obtain payment under this subsection or s. 302.372, but may not collect for the same expenses twice.

AB444, s. 8 Section 8. 303.08 (5m) of the statutes is created to read:

AB444,7,3 303.08 (5m) A county may receive payments under sub. (5) (a) and (b) or seek reimbursement under s. 302.372, but may not collect for the same expenses twice.

AB444, s. 9 Section 9. 303.10 of the statutes is created to read: