AB176: Bill Text

LRB-0475/1

JEO & RAC:jlg:lp

1999 - 2000 LEGISLATURE

1999 Assembly BILL 176

March 8, 1999 - Introduced by Representatives Walker, Ladwig, F. Lasee, Suder, Stone, Ainsworth, Owens, Pettis, Vrakas, Huebsch, Duff, Kedzie, Albers and Jeskewitz, cosponsored by Senators Darling and Huelsman. Referred to Committee on Corrections and the Courts.

AB176,3,2 An Act to renumber and amend 252.14 (1) (ad) and 252.15 (1) (ad); to amend 16.385 (7), 16.51 (7), 16.84 (2), 19.32 (1e), 19.35 (1) (am) 2. c., 20.410 (1) (c), 20.410 (3) (c), 20.410 (9) (c), 20.435 (2) (gk), 20.917 (5) (a) (intro.), 29.199, 38.04 (12), 38.24 (1m) (d), 40.02 (48) (c), 46.056 (1), 46.10 (2m), 46.22 (1) (c) 2., 48.366 (8), 48.78 (2) (d) 3., 49.32 (7) (d), 49.84 (1), 50.39 (3), 51.20 (1) (ar) (intro.), 51.20 (7) (b), 51.20 (7) (c), 51.20 (11) (a), 51.20 (13) (a) 3., 51.20 (13) (a) 4., 51.20 (19) (b) 1., 51.30 (4) (b) 10. (intro.), 51.30 (4) (b) 10. c., 51.30 (4) (b) 10. d., 51.35 (3) (a), 51.35 (3) (c), 51.35 (3) (e), 51.35 (3) (g), 51.37 (5) (a), 51.37 (8) (b), 51.37 (10) (e), 51.37 (11), 51.40 (1) (j), 51.42 (3) (as) 1., 51.45 (15) (b), 51.61 (1) (intro.), 51.61 (1) (b) 3., 51.75 (9) (a), 59.24, 59.52 (16) (a), 59.53 (16) (a), 66.04 (1), 71.54 (2) (c) 2., 71.64 (8) (c), 77.996 (2) (f), 84.27, 101.12 (5) (a) 2. b., 101.123 (1) (dm), 102.475 (8) (a), 106.215 (8g) (b), 108.02 (15) (g) 3., 108.07 (8) (b), 115.31 (1) (b), 115.76 (10), 115.762 (4), 115.787 (6), 115.81 (1) (b), 118.125 (4), 118.16 (4) (cm) 1., 120.18 (1) (a) (intro.), 121.79 (1) (b), 132.13 (1) (a), 139.40 (2), 157.02 (1), 165.755 (6), 165.84 (4), 165.84 (5), 165.84 (6), 230.36 (1), 230.36 (3) (c) (intro.), 250.04 (10), 252.02 (4), 252.02 (5), 252.06 (6) (b), 252.08 (4) (a), 292.65 (1) (d) 6., 301.03 (2r), 301.03 (9), 301.046 (1), 301.048 (4) (b), 301.08 (1) (b) 1., 301.12 (2m), 301.13, 301.14, 301.15, 301.16 (1r), 301.16 (1x), 301.21 (title), 301.21 (1m) (b), 301.26 (4) (cm) 1., 301.26 (4) (cm) 2., 301.28 (1), 301.29 (2), 301.29 (3), 301.32 (1), 301.33 (1), 301.36 (1), 301.36 (2) (title), 301.38 (2) (intro.), 302.01, 302.02 (title), 302.02 (3t), 302.02 (5) (a), 302.02 (5) (b), 302.04 (title), 302.05 (1) (intro.), 302.06, 302.07, 302.08, 302.095 (2), 302.13, 302.15, 302.17 (1), 302.18 (2), 302.18 (4), 302.18 (5), 302.255, 302.26, 302.27, 302.31, 302.33 (1), 302.385, 302.386 (1), 302.386 (2) (intro.), 302.386 (3) (a), 302.45 (1), 303.06 (1), 303.06 (5), 303.065 (1) (a), 303.065 (3), 303.07 (3), 303.19 (4), 303.21 (1) (a), 304.06 (1) (b), 304.071 (1), 304.115, 447.06 (2) (a) 4., 782.03, 782.45 (title), 782.45 (1), 782.45 (2), 801.02 (7) (a) 1., 813.02 (1) (c) 1., 938.183 (3), 938.78 (2) (d) 3., 938.992 (3), 939.62 (3) (b), 940.20 (1), 940.29, 941.237 (1) (b), 946.43, 946.44 (2) (c), 946.45 (2) (c), 946.47 (2) (b), 946.73, 948.50 (4) (a), 950.04 (1v) (v), 961.48 (2), 968.255 (7) (a), 971.11 (1), 971.11 (2), 973.013 (3m), 973.0135 (2) (intro.), 973.03 (2), 973.045 (4), 973.046 (4), 973.08 (1), 973.18 (4) and 976.08; to repeal and recreate 51.35 (3) (c), 51.35 (3) (e) and 302.095 (2); and to create 252.14 (1) (ad) 2., 252.15 (1) (ad) 2., 301.01 (2g), 301.21 (1m) (title), 301.21 (2m) (title), 301.21 (3), 301.21 (6) (title), 302.28, 961.01 (12m) (am), 990.01 (5w) and 990.01 (30g) of the statutes; relating to: authorizing the department of corrections to contract with private persons for the confinement of Wisconsin prison inmates in private prisons in this state.

Analysis by the Legislative Reference Bureau

Under current law, the department of corrections (DOC) may contract with a private person for the transfer and confinement in another state of prisoners who have been committed to the custody of DOC. This bill provides that DOC may also contract with a private person for the transfer and confinement in this state of prisoners who have be committed to the custody of DOC.

Under the bill, current laws governing prisoners confined in a state prison will generally apply to prisoners confined in this state under a contract with a private person. For instance, a prisoner who escapes from the custody of a private person may be prosecuted for the same crime as a prisoner who escapes from a state prison, and, as in the case of a prisoner who escapes from state prison, DOC will have to notify victims of the escapee's crime that the prisoner has escaped from the custody of the private person. The bill also requires a contract between DOC and a private person to provide for prisoners confined by the private person to receive the same reasonable and humane care as prisoners in a comparable state prison. A contract also must allow for investigation and inspection by DOC of any institution in which prisoners are confined.

Finally, the bill provides that a private person who is operating a private prison in this state may confine in that prison only prisoners transferred to the prison under a contract with DOC. Thus, a private prison operating in this state may not be used to confine prisoners from other jurisdictions.

For further information see the state 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:

AB176, s. 1 Section 1. 16.385 (7) of the statutes is amended to read:

AB176,3,7 16.385 (7) Individuals in state prisons. No payment under sub. (6) may be made to a prisoner who is imprisoned in a state prison under s. 302.01 or to a person placed at a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g).

AB176, s. 2 Section 2. 16.51 (7) of the statutes is amended to read:

AB176,4,17 16.51 (7) Audit claims for expenses in connection with prisoners and juveniles in secured correctional facilities. Receive, examine, determine and audit claims, duly certified and approved by the department of corrections, from the county clerk of any county in behalf of the county, which are presented for payment to reimburse the county for certain expenses incurred or paid by it in reference to all matters growing out of actions and proceedings involving prisoners in state prisons, as defined in s. 302.01, or juveniles in secured correctional facilities, as defined in s. 938.02 (15m), including prisoners or juveniles transferred to a mental health institute for observation or treatment, when the proceedings are commenced in counties in which the prisons or secured correctional facilities are located by a district attorney or by the prisoner or juvenile as a postconviction remedy or a matter involving the prisoner's status as a prisoner or the juvenile's status as a resident of a secured correctional facility and for certain expenses incurred or paid by it in reference to holding those juveniles in secure custody while those actions or proceedings are pending. Expenses shall only include the amounts that were necessarily incurred and actually paid and shall be no more than the legitimate cost would be to any other county had the offense or crime occurred therein.

AB176, s. 3 Section 3. 16.84 (2) of the statutes is amended to read:

AB176,5,11 16.84 (2) Appoint such number of police officers as is necessary to safeguard all public property placed by law in the department's charge, and provide, by agreement with any other state agency, police and security services at buildings and facilities owned, controlled or occupied by the other state agency. The governor or the department may, to the extent it is necessary, authorize police officers employed by the department to safeguard state officers, state employes or other persons. A police officer who is employed by the department and who is performing duties that are within the scope of his or her employment as a police officer has the powers of a peace officer under s. 59.24 59.28, except that the officer has the arrest powers of a law enforcement officer under s. 968.07 regardless of whether the violation is punishable by forfeiture or criminal penalty. The officer may exercise the powers of a peace officer and the arrest powers of a law enforcement officer while located anywhere within this state. Nothing in this subsection limits or impairs the duty of the chief and each police officer of the police force of the municipality in which the property is located to arrest and take before the proper court or magistrate persons found in a state of intoxication or engaged in any disturbance of the peace or violating any state law in the municipality in which the property is located, as required by s. 62.09 (13).

AB176, s. 4 Section 4. 19.32 (1e) of the statutes is amended to read:

AB176,5,16 19.32 (1e) "Penal facility" means a state prison under s. 302.01, county jail, county house of correction or other state, county or municipal correctional institution or detention facility operated by the state, by a private person under contract with the state or by a county or municipality.

AB176, s. 5 Section 5. 19.35 (1) (am) 2. c. of the statutes is amended to read:

AB176,5,23 19.35 (1) (am) 2. c. Endanger the security of any state correctional institution, as defined in s. 301.01 (4) prison, jail, as defined in s. 165.85 (2) (bg), secured correctional facility, as defined in s. 938.02 (15m), secured child caring institution, as defined in s. 938.02 (15g), mental health institute, as defined in s. 51.01 (12), center for the developmentally disabled, as defined in s. 51.01 (3), or the population or staff of any of these institutions, facilities or jails.

AB176, s. 6 Section 6. 20.410 (1) (c) of the statutes is amended to read:

AB176,6,3 20.410 (1) (c) Reimbursement claims of counties containing state prisons. A sum sufficient to pay all valid claims made by county clerks of counties containing state prisons as provided in s. 16.51 (7).

AB176, s. 7 Section 7. 20.410 (3) (c) of the statutes is amended to read:

AB176,6,8 20.410 (3) (c) Reimbursement claims of counties containing secured correctional facilities. The amounts in the schedule to pay all valid claims made by county clerks of counties containing state juvenile secured correctional institutions facilities as provided in s. 16.51 (7).

AB176, s. 8 Section 8. 20.410 (9) (c) of the statutes is amended to read:

AB176,6,13 20.410 (9) (c) Witness fees of inmates. The money received in reimbursement of expenses incurred in taking inmates of state institutions into court under s. 51.20 (18) or 782.45 shall be refunded to the appropriations made by sub. (1) (a) for operation of the institutions.

AB176, s. 9 Section 9. 20.435 (2) (gk) of the statutes is amended to read:

AB176,7,19 20.435 (2) (gk) Institutional operations and charges. The amounts in the schedule for care provided by the centers for the developmentally disabled to reimburse the cost of providing the services and to remit any credit balances to county departments that occur on and after July 1, 1978, in accordance with s. 51.437 (4rm) (c); for care provided by the mental health institutes, to reimburse the cost of providing the services and to remit any credit balances to county departments that occur on and after January 1, 1979, in accordance with s. 51.42 (3) (as) 2.; for maintenance of state-owned housing at centers for the developmentally disabled and mental health institutes; for repair or replacement of property damaged at the mental health institutes or at centers for the developmentally disabled; and for reimbursing the total cost of using, producing and providing services, products and care. All moneys received as payments from medical assistance on and after August 1, 1978; as payments from all other sources including other payments under s. 46.10 and payments under s. 51.437 (4rm) (c) received on and after July 1, 1978; as medical assistance payments, other payments under s. 46.10 and payments under s. 51.42 (3) (as) 2. received on and after January 1, 1979; as payments under s. 51.07 (4); as payments for the rental of state-owned housing and other institutional facilities at centers for the developmentally disabled and mental health institutes; for the sale of electricity, steam or chilled water; as payments in restitution of property damaged at the mental health institutes or at centers for the developmentally disabled; for the sale of surplus property, including vehicles, at the mental health institutes or at centers for the developmentally disabled; and for other services, products and care shall be credited to this appropriation, except that any payment under s. 46.10 received for the care or treatment of patients admitted under s. 51.10, 51.15 or 51.20 for which the state is liable under s. 51.05 (3), of patients admitted under s. 55.06 (9) (d) or (e) for which the state is liable under s. 55.05 (1), of forensic patients committed under ch. 971 or 975, admitted under ch. 975 or transferred under s. 51.35 (3) or of patients transferred from a state prison under s. 51.37 (5), to Mendota mental health institute or Winnebago mental health institute shall be treated as general purpose revenue — earned, as defined under s. 20.001 (4).

AB176, s. 10 Section 10. 20.917 (5) (a) (intro.) of the statutes is amended to read:

AB176,8,2 20.917 (5) (a) (intro.) To encourage affirmative action, as defined in s. 230.03 (2), at the correctional facilities state prisons under s. 302.01, the department of corrections may, from the appropriation under s. 20.410 (1) (a), reimburse an employe for any of the following expenses incurred during the first 30 days of employment or the first 30 days following successful completion of a preservice training program:

AB176, s. 11 Section 11. 29.199 of the statutes is amended to read:

AB176,8,11 29.199 Authorizations for certain patients and institutionalized persons to fish. The Upon request of the superintendent of the hospital, prison or institution, the department shall issue an authorization without charge to a county hospital, a state or federal mental hospital, state correctional institution a prison or a nonprofit institution located in this state for rehabilitation purposes upon request of the superintendent of the institution. The authorization permits a resident of the hospital, prison or institution who is supervised by an employe of the hospital, prison or institution to fish for fish subject to all other provisions of law.

AB176, s. 12 Section 12. 38.04 (12) of the statutes is amended to read:

AB176,8,17 38.04 (12) Prison inmate educational program. The board may establish vocational educational programs for prison inmates within the state correctional system and contract with the departments of corrections and health and family services for reimbursement of that portion of the district program costs which exceeds amounts received as state and federal aid.

AB176, s. 13 Section 13. 38.24 (1m) (d) of the statutes is amended to read:

AB176,8,22 38.24 (1m) (d) Programs for inmates. Uniform fees, for vocational programs or courses offered to state prison inmates at a district facility by the department of corrections or the department of health and family services in cooperation with a district board, equal to the fees established under par. (b).

AB176, s. 14 Section 14. 40.02 (48) (c) of the statutes is amended to read:

AB176,9,10 40.02 (48) (c) In s. 40.65, "protective occupation participant" means a participating employe who is a police officer, fire fighter, an individual determined by a participating employer under par. (a) or (bm) to be a protective occupation participant, county undersheriff, deputy sheriff, state probation and parole officer, county traffic police officer, conservation warden, state forest ranger, field conservation employe of the department of natural resources who is subject to call for forest fire control or warden duty, member of the state traffic patrol, state motor vehicle inspector, university of Wisconsin system full-time police officer, guard or any other employe whose principal duties are supervision and discipline of inmates at a state penal correctional institution, excise tax investigator employed by the department of revenue, person employed under s. 61.66 (1), or special criminal investigation agent employed by the department of justice.

AB176, s. 15 Section 15. 46.056 (1) of the statutes is amended to read:

AB176,9,19 46.056 (1) The department shall establish the Wisconsin resource center on the grounds of the Winnebago mental health institute near Oshkosh. Notwithstanding s. 301.03, the department shall have responsibility for administering the center as a correctional institution that provides psychological evaluations, specialized learning programs, training and supervision for inmates whose behavior presents a serious problem to themselves or others in state prisons the correctional institution in which they have been detained and whose mental health needs can be met at the center.

AB176, s. 16 Section 16. 46.10 (2m) of the statutes is amended to read:

AB176,9,24 46.10 (2m) The liability specified in sub. (2) shall not apply to tuberculosis patients receiving care, maintenance, services and supplies under ss. 58.06 and 252.07 to 252.10, to persons 18 and older receiving care, maintenance, services and supplies provided by prisons named in s. 302.01 a prison or to parents of a minor who receives care for alcohol or drug abuse under s. 51.47 (1) without consent of the minor's parent or guardian.

AB176, s. 17 Section 17. 46.22 (1) (c) 2. of the statutes is amended to read:

AB176,10,14 46.22 (1) (c) 2. Subdivision 1. does not authorize the county department of social services to make investigations regarding admission to or release from the Waupun correctional institution, the Columbia correctional institution, the Racine correctional institution, the Racine Youthful Offender Correctional Facility, the correctional institution authorized under 1997 Wisconsin Act 4, section 4 (1) (a), the correctional institution authorized under s. 301.046 (1), the correctional institution authorized under s. 301.048 (4) (b), the correctional institution authorized under s. 301.16 (1n), the Oshkosh correctional institution, the Green Bay correctional institution, the Dodge correctional institution, the Taycheedah correctional institution, a private prison operating under a contract under s. 301.21 (3), county houses of correction, jails, detention homes or reforestation camps.

AB176, s. 18 Section 18. 48.366 (8) of the statutes is amended to read:

AB176,11,2 48.366 (8) Transfer to or between facilities. The department of corrections may transfer a person subject to an order between secured correctional facilities. After the person attains the age of 17 years, the department of corrections may place the person in a state prison named in s. 302.01. If the person is 15 years of age or over, the department of corrections may transfer the person to the Racine youthful offender correctional facility named in s. 302.01 as provided in s. 938.357 (4) (d). If the department of corrections places a person subject to an order under this section in a state prison, that department shall provide services for that person from the appropriate appropriation under s. 20.410 (1). The department of corrections may transfer a person placed in a state prison under this subsection to or between state prisons named in s. 302.01 as provided under s. 302.18 (1) without petitioning for revision of the order under sub. (5) (a).

AB176, s. 19 Section 19. 48.78 (2) (d) 3. of the statutes is amended to read: