LRB-0820/2
BF:kmg:km
1995 - 1996 LEGISLATURE
March 8, 1995 - Introduced by Senators Petak, Rude, Leean, Buettner, Farrow,
Cowles, Drzewiecki, Schultz and Fitzgerald, cosponsored by
Representatives Ladwig, Dobyns, Plache, Wood, Wirch, Goetsch, Lehman,
Porter, Green, Jensen, Schneiders, Musser, Ott, Lorge, Underheim,
Brandemuehl, Duff, Gard, Freese, Silbaugh, Nass, Ainsworth, Hahn,
Skindrud, Walker and
Kreibich. Referred to Committee on State
Government Operations and Corrections.
SB97,1,3
1An Act to amend 302.336 (3) (intro.), 302.38 (1), 302.38 (2), 302.38 (4) and 302.38
2(5) of the statutes;
relating to: medical care for county jail and house of
3correction prisoners.
Analysis by the Legislative Reference Bureau
Under current law, a county jail prisoner is liable for the costs of medical or
hospital care provided outside a jail. In addition, a county or other unit of
government that pays medical or hospital costs for a county jail prisoner may sue to
recover those costs from the prisoner or the prisoner's estate. This bill specifies that
this recovery may be for the costs of care provided in or out of the jail. In addition,
the bill gives the sheriff the authority to charge the prisoner directly for the costs of
medical care provided in a county jail. Lastly, the bill specifies that all of these
liability provisions also apply to county houses of correction.
For further information see the 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:
SB97, s. 1
4Section
1. 302.336 (3) (intro.) of the statutes is amended to read:
SB97,1,65
302.336
(3) (intro.) Except as provided in sub. (4) and
s. ss. 302.33 (2)
and
6302.38, a county under sub. (1) is solely responsible for:
SB97, s. 2
7Section
2. 302.38 (1) of the statutes is amended to read:
SB97,2,7
1302.38
(1) If a prisoner needs medical or hospital care or is intoxicated or
2incapacitated by alcohol the sheriff
, superintendent or other keeper of the jail
or
3house of correction shall provide appropriate care or treatment and may transfer the
4prisoner to a hospital or to an approved treatment facility under s. 51.45 (2) (b) and
5(c), making provision for the security of the prisoner.
The sheriff, superintendent or
6other keeper may charge a prisoner for the costs of providing medical care to the
7prisoner while he or she is in the jail or house of correction.
SB97, s. 3
8Section
3. 302.38 (2) of the statutes is amended to read:
SB97,2,149
302.38
(2) The prisoner is liable for the costs of medical and hospital care
10outside of the jail
or house of correction. If the prisoner is unable to pay the costs,
11the county shall pay the costs in the case of persons held under the state criminal
12laws or for contempt of court and, except as provided in s. 302.336 (2) and (3) (b), a
13municipality shall pay the costs in the case of persons held under municipal
14ordinance by the municipality.
SB97, s. 4
15Section
4. 302.38 (4) of the statutes is amended to read:
SB97,2,1916
302.38
(4) The governmental unit paying the costs of medical or hospital care
17under this section
, regardless of whether the care is provided in or out of the jail or
18house of correction, may collect the value of the same from the prisoner or the
19prisoner's estate as provided for in s. 49.08.
SB97, s. 5
20Section
5. 302.38 (5) of the statutes is amended to read:
SB97,2,2321
302.38
(5) This section does not require the sheriff
, superintendent or keeper
22of the jail
or house of correction to provide or arrange for the provision of appropriate
23care or treatment if the prisoner refuses appropriate care or treatment.
SB97,3,2
1(1) This act first applies to care provided on the effective date of this
2subsection.
