Under current law, with certain exceptions, a person sentenced to prison is
entitled to mandatory release on parole after he or she has served two-thirds of his
or her prison sentence. A prison inmate's mandatory release date is subject to
extension if he or she violates any regulation of the prison or refuses or neglects to
perform a required or assigned duty.
In addition, under current law, a person sentenced to jail is eligible to earn "good
time" in the amount of one-fourth of his or her term if he or she maintains good
behavior. A jail inmate may lose good time if he or she violates any regulation of the
jail or refuses or neglects to perform a required duty.
This bill allows a court to order that a prison inmate's mandatory release date
be extended or that a jail inmate be deprived of good time if the court finds that the
inmate commenced an action or special proceeding for a malicious purpose or solely
to harass the other party or that the inmate testified falsely or provided false
evidence or information to the court. The court must specify the number of days by
which a inmate's mandatory release date is extended or the number of days of good
time a jail inmate is to lose.
Discovery
Currently, parties to an action may obtain discovery by various methods,
including depositions, interrogatories, production of documents and physical
examinations. The frequency and use of these methods is not limited unless the court
orders otherwise. Under this bill, in an action commenced by a prisoner, the prisoner
may not obtain discovery before the court receives a copy of the defendant's
responsive pleading, unless the court orders a party to submit to discovery. If the
defendant waives his or her answer, or moves to dismiss the action, the prisoner may
not obtain discovery until the court determines if the action may continue. Under
the bill, any discovery by a prisoner is limited to what is essential to his or her case,
and must result in minimal intrusion in the activities of the person subject to
discovery. The bill limits the number of requests a prisoner may make for
interrogatories, production of documents or admissions to 15, unless good cause is
shown for additional requests.
Injunctive relief
Currently, as part of an action, a party may seek and receive a temporary
injunction to prevent another person from committing some act after giving the other
party a chance to comment regarding the injunction. This bill requires a court, before
issuing an injunction in an action regarding prison or jail conditions, to give the
attorney representing the prison or jail the opportunity for a hearing. Under the bill,
any temporary injunction issued regarding prison or jail conditions expires 90 days
after it is issued unless the court orders that the injunction be extended. The bill
requires that the temporary injunction require only what is necessary to correct the
harm, is the least intrusive means necessary to correct the harm and does not require
a governmental official or agent to exceed his or her authority or violate state law or
a local ordinance except under limited circumstances.

Appeals
The bill allows the appellate court to dismiss an appeal without requiring the
reply by the respondent if the appeal is frivolous, used for an improper purpose, seeks
monetary damages from a person immune from such damages or if there is no ground
upon which relief may be granted.
Public records
Under current law, a person has the right to inspect and receive a copy of a
public record. The custodian of the record may impose a fee for a copy of the record
and may require prepayment if the fee imposed is over $5. This bill allows the
custodian of the record to require prepayment of the fee if the copy of the record is
requested by a person confined in a local, state or federal prison and that person has
failed to pay any fee for a previously requested record. The bill also allows the
custodian of the record to deny a request for a record made by a person confined in
a local, state or federal prison if the person has not paid any fee imposed for a
previously requested record.
Attorney general opinions
The bill provides immunity from civil liability for any public official, employe
or agent for his or her acts or omissions committed in reliance upon a written opinion
of the attorney general.
Litigation loans to prisoners
Under current law, DOC may make loans to a prisoner without sufficient funds
in his or her general account to pay for paper, photocopying and postage for
correspondence with courts, attorneys, parties in litigation, the inmate complaint
review system or the parole board. Generally, no inmate may receive more than $200
in such loans annually, except that any amount of the debt the inmate repays during
the year may be advanced to the inmate again and the $200 loan limit may be
exceeded in cases of extraordinary need.
This bill provides that if a prisoner fails to repay a loan made by DOC to pay
expenses associated with litigation commenced by the prisoner, the warden of the
institution where the prisoner is located may submit, to the circuit court for the
county in which the institution is located, a certification of the amount of the loans
that are unpaid. The certified amount of the unpaid loans then becomes a judgment
against the prisoner unless the prisoner submits a written objection within 20 days
after the court receives the warden's certification. If the prisoner submits a written
objection, the court must treat the objection as the commencement of a civil action
by the prisoner, and the prisoner bears the burden of proving that the certified
amount of the unpaid loans is incorrect.
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:
AB688, s. 1
1Section 1. 19.35 (3) (f) of the statutes is amended to read:
AB688,6,62 19.35 (3) (f) An authority may require prepayment by a requester of any fee or
3fees imposed under this subsection if the total amount exceeds $5 or if the requester
4is a prisoner, as defined in s. 301.01 (2), or is a person confined in a federal
5correctional institution located in this state, and he or she has failed to pay any fee
6that was imposed by the authority for a request made previously by that requester.
AB688, s. 2 7Section 2. 19.35 (3) (g) of the statutes is created to read:
AB688,6,118 19.35 (3) (g) If a prisoner, as defined in s. 301.01 (2), or a person confined in a
9federal correctional institution located in this state has failed to pay any fee imposed
10by the authority for a previous request, the authority may deny a request by the
11prisoner or person.
AB688, s. 3 12Section 3. 301.048 (3) (d) of the statutes is amended to read:
AB688,6,1713 301.048 (3) (d) A person may seek review of a final decision of the department
14of corrections, or of the division of hearings and appeals in the department of
15administration acting under s. 304.06 (3), relating to denials of eligibility for or
16placement in
sanctions, or relating to discipline or revocation under or termination
17from the intensive sanctions program only by the common law writ of certiorari.
AB688, s. 4 18Section 4. 301.328 of the statutes is created to read:
AB688,6,22 19301.328 Judgment for litigation loans to prisoners. (1) In this section,
20"litigation loan" means a loan made to a prisoner by the department to pay for paper,
21photocopying, postage or other expenses associated with litigation commenced by
22the prisoner.
AB688,7,9 23(2) If a prisoner fails to repay a litigation loan to the department, the warden
24of the institution where the prisoner is incarcerated, imprisoned, confined or
25detained may submit a certification under oath to the clerk of circuit court in the

1county where the institution is located. The certification shall state the amount of
2litigation loans unpaid, the name and location of the prisoner and such other
3information as the court considers necessary. The court shall order that the amount
4certified by the warden be a judgment on behalf of the state and against the prisoner
5if the prisoner fails to submit a written objection to the court within 20 days after the
6court receives the certification from the warden. If the prisoner timely submits a
7written objection to the certification, the court shall consider the objection to be a
8complaint in a civil action and proceed under the rules of procedure under ch. 799,
9without requiring the service of a summons or the payment of filing fees.
AB688,7,13 10(3) At the same time that the warden submits the certification to the court, the
11warden shall provide the prisoner with a copy of the certification. The warden shall
12attach to the certification provided to the prisoner a notice informing the prisoner of
13all of the following:
AB688,7,1714 (a) That if the prisoner fails to submit a written objection to the court within
1520 days after the court receives the certification from the warden, the court shall
16order that the amount certified by the warden be a judgment on behalf of the state
17and against the prisoner.
AB688,7,1918 (b) The name and address of the circuit court where the certification was
19submitted.
AB688,7,2220 (c) That if the prisoner timely objects to the certification, the objection will be
21considered a complaint for purposes of the commencement of a civil suit under ch.
22799.
AB688,7,2423 (d) That the prisoner is required to submit a copy of the objection to the warden
24at the time he or she submits the objection to the clerk of circuit court.
AB688, s. 5 25Section 5. 302.11 (1) of the statutes is amended to read:
AB688,8,6
1302.11 (1) The warden or superintendent shall keep a record of the conduct of
2each inmate, specifying each infraction of the rules. Except as provided in subs. (1g),
3(1m), (1q), (7) and (10), each inmate is entitled to mandatory release on parole by the
4department. The mandatory release date is established at two-thirds of the
5sentence. Any calculations under this subsection or sub. (1q) (b) or (2) (b) resulting
6in fractions of a day shall be rounded in the inmate's favor to a whole day.
AB688, s. 6 7Section 6. 302.11 (1q) of the statutes is created to read:
AB688,8,118 302.11 (1q) (a) An inmate who files an action or special proceeding, including
9a petition for a common law writ of certiorari, to which s. 807.15 applies shall have
10his or her mandatory release date extended by the number of days specified in the
11court order prepared under s. 807.15 (3).
AB688,8,1412 (b) Upon receiving a court order issued under s. 807.15, the department shall
13recalculate the mandatory release date of the inmate to whom the order applies and
14shall inform the inmate of his or her new mandatory release date.
AB688, s. 7 15Section 7. 302.11 (2) (c) of the statutes is amended to read:
AB688,8,1716 302.11 (2) (c) No extension under this section subsection may require the
17inmate to serve more days in prison than provided for under the sentence.
AB688, s. 8 18Section 8. 302.11 (7) (b) of the statutes is amended to read:
AB688,9,219 302.11 (7) (b) A parolee returned to prison for violation of the conditions of
20parole shall be incarcerated for the entire period of time determined by the
21department of corrections in the case of a waiver or the division of hearings and
22appeals in the department of administration in the case of a hearing under par. (a),
23unless paroled earlier under par. (c). The parolee is not subject to mandatory release
24under sub. (1) or presumptive mandatory release under sub. (1g). The period of time

1determined under par. (a) may be extended in accordance with sub. subs. (1q) and
2(2).
AB688, s. 9 3Section 9. 302.43 of the statutes is amended to read:
AB688,9,15 4302.43 Good time. Every inmate of a county jail is eligible to earn good time
5in the amount of one-fourth of his or her term for good behavior if sentenced to at
6least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit
7for time served prior to sentencing under s. 973.155, including good time under s.
8973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects
9or refuses to perform any duty lawfully required of him or her, may be deprived by
10the sheriff of good time under this section, except that the sheriff shall not deprive
11the inmate of more than 2 days good time for any one offense without the approval
12of the court. An inmate who files an action or special proceeding, including a petition
13for a common law writ of certiorari, to which s. 807.15 applies shall be deprived of
14the number of days of good time specified in the court order prepared under s. 807.15
15(3).
AB688, s. 10 16Section 10. 303.07 (3) of the statutes is amended to read:
AB688,9,2417 303.07 (3) Each prisoner serving a sentence under this section who could have
18been sentenced to a state prison is subject to s. 302.11 (1), (1g) , (1q) and (2). Each
19prisoner serving such a sentence may be transferred to a state prison upon
20recommendation of the superintendent and approval of the department. The county
21board may, pursuant to its regulations approved by the department, extend to all
22other prisoners similar pecuniary earnings and rewards, subject to similar
23conditions and limitations as those prescribed by s. 302.12 for prisoners in the
24Wisconsin state prisons.
AB688, s. 11 25Section 11. 304.06 (1) (b) of the statutes is amended to read:
AB688,10,15
1304.06 (1) (b) Except as provided in sub. (1m) or s. 302.045 (3), 961.49 (2) 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. Except as provided in s. 939.62 (2m) or 973.014, the parole commission
7may parole an inmate serving a life term when he or she has served 20 years, as
8modified by the formula under s. 302.11 (1) and subject to extension using the
9formulas
under s. 302.11 (2) (1q) and (2), if applicable. The person serving the life
10term shall be given credit for time served prior to sentencing under s. 973.155,
11including good time under s. 973.155 (4). The secretary may grant special action
12parole releases under s. 304.02. The department or the parole commission shall not
13provide any convicted offender or other person sentenced to the department's custody
14any parole eligibility or evaluation until the person has been confined at least 60 days
15following sentencing.
AB688, s. 12 16Section 12. 801.02 (7) of the statutes is renumbered 801.02 (7) (c) and
17amended to read:
AB688,11,318 801.02 (7) (c) No prisoner, as defined in s. 301.01 (2), may commence a civil
19action or special proceeding against an officer, employe or agent of the department
20of corrections in his or her official capacity or as an individual for acts or omissions
21committed while carrying out his or her duties as an officer, employe or agent or while
22acting within the scope of his or her office, employment or agency
, including a petition
23for a common law writ of certiorari, with respect to the prison or jail conditions in the
24facility in which he or she is or has been incarcerated, imprisoned or detained
until
25the person has exhausted any all available administrative remedies that the

1department of corrections has promulgated by rule
. Except for petitions for a
2common law writ of certiorari, a prisoner commencing an action or special proceeding
3shall first comply with the provisions of s. 893.80 or 893.82
.
AB688, s. 13 4Section 13. 801.02 (7) (a), (b), (d) and (e) of the statutes are created to read:
AB688,11,55 801.02 (7) (a) In this subsection:
AB688,11,116 1. "Correctional institution" means any state or local facility that incarcerates
7or detains any adult accused of, charged with, convicted of, or sentenced for any crime
8or that incarcerates or detains any juvenile alleged to be delinquent or adjudicated
9to be delinquent on the basis of conduct that, if committed by an adult, would be a
10crime. A correctional institution includes a Type 1 prison, as defined in s. 301.01 (5),
11a Type 2 prison, as defined in s. 301.01 (6), a county jail and a house of correction.
AB688,11,1412 2. "Prisoner" means any person who is incarcerated, imprisoned or otherwise
13detained in a correctional institution or who is arrested or otherwise detained by a
14law enforcement officer.
AB688,11,1715 3. "Prison or jail conditions" means any matter related to the conditions of
16confinement or to the effects of actions by government officers, employes or agents
17on the lives of prisoners, but excluding the fact or duration of the confinement.
AB688,11,1918 (b) Review by the common law writ of certiorari is a prisoner's exclusive remedy
19for doing any of the following:
AB688,11,2120 1. Challenging the validity of a decision relating to prisoner discipline, the
21revocation of probation or the denial or revocation of parole.
AB688,11,2522 2. Challenging the disposition of a complaint concerning prison or jail
23conditions, including a complaint concerning a program assignment, institution
24assignment or security classification, for which there is an adequate administrative
25remedy.
AB688,12,12
1(d) At the time of filing the initial pleading to commence an action or special
2proceeding, including a petition for a common law writ of certiorari, related to prison
3or jail conditions, a prisoner shall include, as part of the initial pleading,
4documentation showing that he or she has exhausted all available administrative
5remedies. The documentation shall include copies of all of the written materials that
6he or she provided to the administrative agency as part of the administrative
7proceeding and all of the written materials the administrative agency provided to
8him or her related to that administrative proceeding. The documentation shall also
9include all written materials included as part of any administrative appeal. The
10court shall deny a prisoner's request to proceed without the prepayment of fees and
11costs under s. 814.29 (1m) if the prisoner fails to comply with this paragraph or if the
12prisoner has failed to exhaust all available administrative remedies.
AB688,12,2113 (e) The court shall dismiss any action or special proceeding, including a petition
14for a common law writ of certiorari, commenced by any prisoner if that prisoner has,
15on 3 or more prior occasions, while he or she was incarcerated, imprisoned, confined
16or detained in a jail or prison, brought an appeal, writ of error, action or special
17proceeding, including a petition for a common law writ of certiorari, that was
18dismissed by a state or federal court for any of the reasons listed in s. 802.05 (3) (b)
191. to 4. The court may permit a prisoner to commence the action or special
20proceeding, notwithstanding this paragraph, if the court determines that the
21prisoner is in imminent danger of serious physical injury.
AB688, s. 14 22Section 14. 801.09 (2) (a) of the statutes is amended to read:
AB688,13,323 801.09 (2) (a) Within 20 days, or within 45 days if the defendant is the state
24or an officer, agent, employe or agency of the state in an action or special proceeding
25brought within the purview of s. 893.82 or 895.46
, exclusive of the day of service, after

1the summons has been served personally upon the defendant or served by
2substitution personally upon another authorized to accept service of the summons
3for the defendant; or
AB688, s. 15 4Section 15. 802.05 (3) of the statutes is created to read:
AB688,13,75 802.05 (3) (a) A court shall review the initial pleading as soon as practicable
6after the action or special proceeding is filed with the court if the action or special
7proceeding is commenced by a prisoner, as defined in s. 801.02 (7) (a) 2.
AB688,13,108 (b) The court may dismiss the action or special proceeding without requiring
9the defendant to answer the pleading if the court determines that the action or
10special proceeding meets any of the following conditions:
AB688,13,1111 1. Is frivolous, as determined under s. 814.025 (3).
AB688,13,1312 2. Is used for any improper purpose, such as to harass, to cause unnecessary
13delay or to needlessly increase the cost of litigation.
AB688,13,1414 3. Seeks monetary damages from a defendant who is immune from such relief.
AB688,13,1515 4. Fails to state a claim upon which relief may be granted.
AB688,13,1916 (c) If a court dismisses an action or special proceeding under par. (b), the court
17shall notify the department of justice or the attorney representing the political
18subdivision, as appropriate, of the dismissal by a procedure developed by the director
19of state courts in cooperation with the department of justice.
AB688,13,2220 (d) The dismissal of an action or special proceeding under par. (b) does not
21relieve the prisoner from paying the full filing fee related to that action or special
22proceeding.
AB688, s. 16 23Section 16. 802.06 (1) of the statutes is amended to read:
AB688,14,1824 802.06 (1) When presented. A Except as provided under sub. (1m) or when
25a court dismisses an action or special proceeding under s. 802.05 (3), a
defendant

1shall serve an answer within 20 days after the service of the complaint upon the
2defendant. If a guardian ad litem is appointed for a defendant, the guardian ad litem
3shall have 20 days after appointment to serve the answer. A party served with a
4pleading stating a cross-claim against the party shall serve an answer thereto
5within 20 days after the service upon the party. The plaintiff shall serve a reply to
6a counterclaim in the answer within 20 days after service of the answer. The Except
7as provided under sub. (1m), the
state or an agency of the state or an officer, employe
8or agent of the state in an action brought within the purview of s. 893.82 or 895.46
9shall serve an answer to the complaint or to a cross-claim or a reply to a counterclaim
10within 45 days after service of the pleading in which the claim is asserted. If any
11pleading is ordered by the court, it shall be served within 20 days after service of the
12order, unless the order otherwise directs. The service of a motion permitted under
13sub. (2) alters these periods of time as follows, unless a different time is fixed by order
14of the court: if the court denies the motion or postpones its disposition until the trial
15on the merits, the responsive pleading shall be served within 10 days after notice of
16the court's action; or if the court grants a motion for a more definite statement, the
17responsive pleading shall be served within 10 days after the service of the more
18definite statement.
AB688, s. 17 19Section 17. 802.06 (1m) of the statutes is created to read:
AB688,15,220 802.06 (1m) Waiver of answer. (a) A defendant may waive the right to answer
21or to submit a responsive pleading to a complaint or other pleading in any action or
22special proceeding brought by a prisoner, as defined in s. 801.02 (7) (a) 2. The failure
23to respond to an action or special proceeding related to prison or jail conditions shall
24act as an affirmative defense against all of the allegations contained in the complaint

1or other pleading and shall not be considered as a waiver of any affirmative defense
2or of immunity.
AB688,15,63 (b) The court shall review the pleadings submitted under this subsection, grant
4relief to the defendant or, if the court determines that the plaintiff has a reasonable
5opportunity to prevail on the merits, order the defendant to answer or to submit a
6responsive pleading.
AB688, s. 18 7Section 18. 802.06 (2) (a) (intro.) of the statutes is amended to read:
AB688,15,128 802.06 (2) (a) (intro.) Every Except as provided under sub. (1m), every defense,
9in law or fact, except the defense of improper venue, to a claim for relief in any
10pleading, whether a claim, counterclaim, cross-claim, or 3rd-party claim, shall be
11asserted in the responsive pleading thereto if one is required, except that the
12following defenses may at the option of the pleader be made by motion:
AB688, s. 19 13Section 19. 804.01 (1) of the statutes is amended to read:
AB688,15,2014 804.01 (1) Discovery methods. Parties may obtain discovery by one or more
15of the following methods: depositions upon oral examination or written questions;
16written interrogatories; production of documents or things or permission to enter
17upon land or other property, for inspection and other purposes; physical and mental
18examinations; and requests for admission. Unless the court orders otherwise under
19sub. (3), and except as provided in s. 804.015, the frequency of use of these methods
20is not limited.
AB688, s. 20 21Section 20. 804.015 of the statutes is created to read:
AB688,15,23 22804.015 Limits on discovery by prisoners. (1) In this section,"prisoner"
23has the meaning given s. 801.02 (7) (a) 2.
AB688,16,6 24(2) Unless ordered by the court, a prisoner in an action or special proceeding
25may not obtain discovery before the court receives a copy of the answer or other

1responsive pleading in the action commenced by the prisoner. If a defendant waives
2his or her answer under s. 802.06 (1m) or submits a motion to dismiss or a motion
3for summary judgment, no discovery may be obtained until the court decides that the
4prisoner has a reasonable opportunity to prevail on the merits, or until the court
5decides the merits of the motion, unless the court orders a party to submit to
6discovery.
AB688,16,14 7(3) If a court allows a prisoner to obtain discovery under sub. (2) before the court
8decides that the prisoner has a reasonable opportunity to prevail on the merits,
9receives a copy of the answer or other responsive pleading in the action, or decides
10the merits of a motion to dismiss or a motion for summary judgment, the court order
11shall be narrowly tailored to limit the discovery to allow only discovery that is
12essential to enable the prisoner to obtain the evidence necessary to his or her case.
13The court shall limit the discovery so as to provide a minimal intrusion in the
14activities of any person subject to discovery under this subsection.
AB688,16,18 15(4) If a prisoner commences an action or special proceeding, the court shall
16limit the number of requests for interrogatories, production of documents or
17admissions to 15, unless good cause is shown for any additional requests. This
18number may not be expanded by the use of subparts to the interrogatories.
AB688, s. 21 19Section 21. 804.05 (1) of the statutes is amended to read:
AB688,17,420 804.05 (1) When depositions may be taken. After commencement of the action,
21except as provided in s. 804.015, any party may take the testimony of any person
22including a party by deposition upon oral examination. The attendance of witnesses
23may be compelled by subpoena as provided in s. 805.07. The attendance of a party
24deponent or of an officer, director or managing agent of a party may be compelled by
25notice to the named person or attorney meeting the requirements of sub. (2) (a). Such

1notice shall have the force of a subpoena addressed to the deponent. The deposition
2of a person confined in prison may be taken only by leave of court on such terms as
3the court prescribes, except when the party seeking to take the deposition is the state
4agency or officer to whose custody the prisoner has been committed.
AB688, s. 22 5Section 22. 804.06 (1) (a) of the statutes is amended to read:
AB688,17,156 804.06 (1) (a) After commencement of the action, except as provided in s.
7804.015,
any party may take the testimony of any person, including a party, by
8deposition upon written questions. The attendance of witnesses may be compelled
9by subpoena as provided in s. 805.07. The attendance of a party deponent or of an
10officer, director, or managing agent of a party may be compelled by notice to the
11person to be deposed or his or her attorney meeting the requirements of s. 804.05 (2)
12(a). The deposition of a person confined in prison may be taken only by leave of court
13on such terms as the court prescribes, except when the person seeking to take the
14deposition is the state agency or officer to whose custody the prisoner has been
15committed.
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