AB688: Bill Text

AB688,22,25 813.02 (1) (c) If the court determines that a temporary injunction may be granted under par. (a) to a prisoner, as defined in s. 801.02 (7) (a) 2., in any action or special proceeding with respect to prison or jail conditions, as defined in s. 801.02 (7) (a) 3., the following apply:

AB688,23,6 1. The court may not issue the injunction until giving notice and an opportunity to be heard on the request for a preliminary injunction to the attorney general, if the case involves a prisoner in a state correctional institution, as defined in s. 801.02 (7) (a) 1., or to the attorney representing the local correctional institution involved and to all other interested parties. Any injunction issued without giving notice and an opportunity to be heard is void.

AB688,23,11 2. Any temporary injunction issued shall meet the requirements in s. 813.40 (1) (b). When determining what to require in the temporary injunction, the court shall give substantial weight to any adverse impact on public safety or on the operation of the facility involved in the action or special proceeding caused by the temporary injunction.

AB688,23,15 3. Any temporary injunction issued under this paragraph shall expire no later than 90 days after the day the temporary injunction is issued unless the court makes a finding that the requirements under s. 813.40 (1) (b) are met and makes the order final before the expiration of the 90-day period.

AB688, s. 33 Section 33. 813.40 of the statutes is created to read:

AB688,23,17 813.40 Injunctive relief in prison condition cases. (1) (a) In this section:

AB688,23,18 1. "Prisoner" has the meaning given in s. 801.02 (7) (a) 2.

AB688,23,19 2. "Prison or jail conditions" has the meaning given in s. 801.02 (7) (a) 3.

AB688,23,22 (b) If a court determines that an injunction may be granted to a prisoner in any action or special proceeding with respect to prison or jail conditions, any injunction issued shall meet all of the following criteria:

AB688,23,23 1. Require only what is necessary to correct the harm.

AB688,23,24 2. Is the least intrusive means necessary to correct that harm.

AB688,24,3 3. Does not require or permit a government official, employe or agent to exceed his or her authority or to violate a state law or local ordinance unless all of the following apply:

AB688,24,4 a. Federal law permits that relief.

AB688,24,5 b. The relief is necessary to correct the violation of a federal right.

AB688,24,6 c. No other relief will correct the violation of a federal right.

AB688,24,11 (c) If an injunction is issued that does not meet the requirements in par. (b), a defendant or intervenor is entitled to immediate termination of any prospective relief or to a revision of the injunction to meet those requirements. Prospective relief need not be terminated if the court makes written findings based on the record that the requirements under par. (b) are met.

AB688,24,18 (d) A court may not enter into or approve a consent decree in an action for injunctive relief under this section if that consent decree does not meet the requirements in par. (b). This paragraph does not prevent the parties from entering into a private settlement agreement that does not comply with the requirements in par. (b) if the terms of that settlement agreement are not subject to court enforcement other than the dismissal of the action or special proceeding based on the settlement agreement.

AB688,24,21 (2) When determining the extent of any injunction issued under this section, the court shall give substantial weight to any adverse impact on public safety or on the operation of the criminal justice system caused by the injunction.

AB688,25,7 (3) Any interested party may, 2 years after the date the court issued an injunction under this section, or one year after the court has denied a request under this subsection for modification or termination of the injunction, request that the court modify or terminate an injunction issued under this section. Any interested party may, 2 years after the effective date of this subsection .... [revisor inserts date], request that the court modify or terminate an injunction related to prison or jail conditions that was issued before the effective date of this subsection .... [revisor inserts date]. Any prospective relief issued under this section shall be stayed by the filing of a motion for modification or termination of the injunction for the period beginning on the 30th day after the motion is filed with the court and ending on the day the court enters a final order on the motion.

AB688,25,9 (4) This section does not prevent the parties from agreeing to terminate or modify an injunction issued under this section.

AB688,25,12 (5) This section does not authorize a court to order the construction of prisons, jails or other places of incarceration or to order the raising of taxes and does not expand the powers of a court under this chapter.

AB688,25,18 (6) This section does not authorize the court to issue a prisoner release order. Prisoner release orders may only be issued by habeas corpus or as otherwise required by the state or federal constitution. In this subsection, "prisoner release order" means any order that has the purpose or effect of reducing or limiting the prison or jail population, or that directs the release or nonadmission of prisoners to a prison or jail.

AB688,25,23 (7) This section may not be used as a substitute for a petition for a common law writ of certiorari to challenge the disposition of a complaint concerning prison or jail conditions, to challenge the validity of a probation revocation, parole denial or revocation, a mandatory release date or to challenge any issue regarding the fact or duration of confinement.

AB688, s. 34 Section 34. 814.24 of the statutes is amended to read:

AB688,26,5 814.24 Action against city, village or town official, cost. Costs, if any, in an action against a city, village or town officer in his or her official capacity, except an action directly involving the title to the office, and except as provided in s. 814.25, shall not be awarded against that officer, but may be awarded against the city, village or town.

AB688, s. 35 Section 35. 814.245 (3) of the statutes is amended to read:

AB688,26,12 814.245 (3) If Except as provided in s. 814.25, if an individual, a small nonprofit corporation or a small business is the prevailing party in any action by a state agency or in any proceeding for judicial review under s. 227.485 (6) and submits a motion for costs under this section, the court shall award costs to the prevailing party, unless the court finds that the state agency was substantially justified in taking its position or that special circumstances exist that would make the award unjust.

AB688, s. 36 Section 36. 814.25 of the statutes is created to read:

AB688,26,14 814.25 Costs in actions by prisoners. (1) In this section:

AB688,26,15 (a) "Prisoner" has the meaning given in s. 801.02 (7) (a) 2.

AB688,26,16 (b) "Prison or jail conditions" has the meaning given in s. 801.02 (7) (a) 3.

AB688,26,19 (2) If a prisoner brings an action or special proceeding related to prison or jail conditions, no costs may be allowed against the state, a state agency or a county, city, village or town, or against any individual defendant when sued in an official capacity.

AB688,26,25 (3) If the prevailing party is the state, a state agency or a county, city, village or town or an individual in any action or special proceeding commenced by a prisoner related to prison or jail conditions, the prisoner shall pay the full costs allowed under this chapter. The prisoner shall be required to pay the costs out of any trust fund accounts that he or she holds in the same manner as payment is required for court fees under s. 814.29 (1m) (e).

AB688, s. 37 Section 37. 814.29 (1) (a) of the statutes is amended to read:

AB688,27,7 814.29 (1) (a) Any Except as provided in sub. (1m), any person may commence, prosecute or defend any action or special proceeding in any court, or any writ of error or appeal therein, without being required to give security for costs or to pay any service or fee, upon order of the court based on a finding that because of poverty the person is unable to pay the costs of the action or special proceeding, or any writ of error or appeal therein, or to give security for those costs.

AB688, s. 38 Section 38. 814.29 (1m) of the statutes is created to read:

AB688,27,9 814.29 (1m) (a) In this subsection:

AB688,27,10 1. "Prisoner" has the meaning given in s. 801.02 (7) (a) 2.

AB688,27,11 2. "Prison or jail conditions" has the meaning given in s. 801.02 (7) (a) 3.

AB688,27,15 (b) If a prisoner makes a request for leave to commence or defend an action, special proceeding, writ of error or appeal without being required to prepay the fees or costs or without being required to give security for costs, the prisoner shall submit all of the following:

AB688,27,16 1. The affidavit required under sub. (1) (b).

AB688,27,21 2. An affidavit stating that the prisoner has paid all of the fees or costs previously assessed by a court for bringing an action or special proceeding, in state or federal court, that was dismissed on the grounds that the action or special proceeding was frivolous, malicious or failed to state a claim upon which relief may be granted.

AB688,28,4 3. A certified copy of the trust fund account statement for the prisoner for the 6-month period immediately preceding the filing of the request for leave to commence or defend an action, special proceeding, writ of error or appeal, or for the period that the prisoner was incarcerated, imprisoned or detained, if that period is less than 6 months. The trust fund account statement must be obtained from the appropriate official at each facility in which the prisoner is or was incarcerated, imprisoned, confined or detained. "Trust fund account statement" includes accounts assessable to the prisoner before or upon release.

AB688,28,8 (c) The court shall issue an order permitting the prisoner to commence or defend an action, special proceeding, writ of error or appeal without the prepayment of fees or costs or without being required to give security for costs if all of the following conditions are met:

AB688,28,11 1. The court determines that the prisoner does not have assets or other means by which to pay the fees or costs or to give security for the costs after reviewing the information provided under par. (b).

AB688,28,15 2. The prisoner has paid all of the fees or costs previously assessed by a state or federal court for bringing an action or special proceeding that was dismissed on the grounds that the action or special proceeding was frivolous, malicious or failed to state a claim upon which relief may be granted.

AB688,28,17 3. The court orders that the fees or costs not paid are a debt owed the court by the prisoner.

AB688,28,21 4. The prisoner authorizes in writing the agency having custody of the prisoner's prison trust fund account to forward payments from the prisoner's account to the clerk of court each time the amount in the account exceeds $10 until the fees or costs are paid in full.

AB688,29,2 (d) If the court determines that the prisoner who made the affidavit does have assets in an account, whether accessible to the prisoner only upon release or before release, to pay part of the filing fees or costs, the court shall order the prisoner to pay an initial filing fee before being allowed to commence or defend an action, special proceeding, writ of error or appeal. The initial filing fee shall equal 20% of the greater of the following:

AB688,29,3 1. The average monthly deposits to the prisoner's trust fund account.

AB688,29,8 2. The average monthly balance in the prisoner's trust fund account for the 6-month period immediately preceding the filing of the request for leave to commence or defend an action, special proceeding, writ of error or appeal, or for the period that the prisoner was incarcerated, imprisoned or detained, if that period is less than 6 months.

AB688,29,13 (e) After payment of the initial filing fee, the prisoner shall be required to make monthly payments of 20% of the preceding month's income that is credited to the prisoner's prison trust fund account. The agency having custody of the prisoner shall forward payments from the prisoner's account to the clerk of court each time the amount in the account exceeds $10 until the filing fees and costs are paid in full.

AB688,29,17 (f) If the court believes that a prisoner is in imminent danger of serious physical harm, the court shall issue an order permitting the prisoner to commence or defend an action, special proceeding, writ of error or appeal without being required to submit the statement under par. (b) or prepaying the initial filing fee under par. (d).

AB688,29,21 (g) Except as provided under par. (f), if a prisoner files an action, special proceeding, writ of error or appeal under this subsection without complying with the requirements under pars. (b) and (d), the court shall dismiss the action, special proceeding, writ of error or appeal without prejudice.

AB688,29,25 (h) The custodian of the trust fund account of a prisoner shall provide the prisoner with the certified copy of the trust fund account statement required under par. (b) if the custodian determines that the prisoner requires that copy for submittal to a court under this subsection.

AB688, s. 39 Section 39. 814.29 (3) (b) of the statutes is amended to read:

AB688,30,11 814.29 (3) (b) If the affiant is a prisoner, as defined in s. 46.011 (2) 801.02 (7) (a) 2., or a person confined in a federal correctional institution located in this state, a request for leave to commence or defend an action, special proceeding, writ of error or appeal without being required to pay fees or costs or to give security for costs constitutes consent as provided in par. (a), and, if the judgment is in favor of the opposing party, constitutes consent for the court to order the institution to deduct the unpaid fees and costs, including attorney fees listed in par. (a), from the amount in the inmate's account at the any time the judgment was rendered account has sufficient money to pay the unpaid fees and costs. This paragraph does not prevent the collection of the unpaid fees and costs by any other method.

AB688, s. 40 Section 40. 893.16 (1) of the statutes is amended to read:

AB688,30,18 893.16 (1) If a person entitled to bring an action is, at the time the cause of action accrues, either under the age of 18 years, except for actions against health care providers; or insane, or imprisoned on a criminal charge mentally ill, the action may be commenced within 2 years after the disability ceases, except that where the disability is due to insanity or imprisonment mental illness, the period of limitation prescribed in this chapter may not be extended for more than 5 years.

AB688, s. 41 Section 41. 893.735 of the statutes is created to read:

AB688,30,21 893.735 Action by prisoner contesting a governmental decision. (1) In this section, "prisoner" has the meaning given in s. 801.02 (7) (a) 2.

AB688,31,3 (2) An action or special proceeding, including a petition for a common law writ of certiorari, made on behalf of a prisoner is barred unless commenced within 30 days after the cause of action accrues if that action or special proceeding concerns a decision or disposition under s. 801.02 (7) (b). The 30-day period shall begin on the date of the decision or disposition, except that the court may extend the period by as many days as the prisoner proves have elapsed between the decision or disposition and the prisoner's actual notice of the decision or disposition.

AB688,31,6 (3) In this section, a petition for a common law writ of certiorari is commenced at the time the prisoner files a petition for a common law writ of certiorari with a court.

AB688, s. 42 Section 42. 893.82 (3) of the statutes is amended to read:

AB688,31,20 893.82 (3) Except as provided in sub. (5m), no civil action or civil proceeding may be brought against any state officer, employe or agent for or on account of any act growing out of or committed in the course of the discharge of the officer's, employe's or agent's duties, and no civil action or civil proceeding may be brought against any nonprofit corporation operating a museum under a lease agreement with the state historical society, unless within 120 days of the event causing the injury, damage or death giving rise to the civil action or civil proceeding, the claimant in the action or proceeding serves upon the attorney general written notice of a claim stating the time, date, location and the circumstances of the event giving rise to the claim for the injury, damage or death and the names of persons involved, including the name of the state officer, employe or agent involved. A Except as provided under sub. (3m), a specific denial by the attorney general is not a condition precedent to bringing the civil action or civil proceeding.

AB688, s. 43 Section 43. 893.82 (3m) of the statutes is created to read:

AB688,31,25 893.82 (3m) If the claimant is a prisoner, as defined in s. 801.02 (7) (a) 2., the prisoner may not commence the civil action or proceeding until the attorney general denies the claim or until 120 days after the written notice under sub. (3) is served upon the attorney general, whichever is earlier.

AB688, s. 44 Section 44. 895.45 of the statutes is created to read:

AB688,32,6 895.45 Exemption from civil liability; attorney general opinion. Any legal entity included within the provisions of s. 893.80 and any officer, employe or agent included within the provisions of s. 893.80, 893.82 or 895.46 is immune from civil liability for damages for his or her acts or omissions committed in reasonable reliance upon a written opinion of the attorney general.

AB688, s. 45 Section 45. 895.76 of the statutes is created to read:

AB688,32,11 895.76 Limits on recovery by prisoners. A prisoner, as defined in s. 801.02 (7) (a) 2., may not recover damages for mental or emotional injury unless the prisoner shows that he or she has suffered a physical injury as a result of the same incident that caused the mental or emotional injury.

AB688, s. 46 Section 46. Initial applicability.

AB688,32,15 (1) This act first applies to civil actions, special proceedings, injunctions and petitions for a common law writ of certiorari pending on the effective date of this subsection.

AB688, s. 47 Section 47. Effective date.

AB688,32,18 (1) This act takes effect on the first day of the 4th month beginning after publication.

AB688,32,19 (End)