AB176: Bill Text

AB176,28,11 108.02 (15) (g) 3. By an inmate of a custodial or penal correctional institution.

AB176, s. 62 Section 62. 108.07 (8) (b) of the statutes is amended to read:

AB176,28,20 108.07 (8) (b) If a claimant is a prisoner of a state prison, as defined in s. 302.01, and has employment with an employer other than the department of corrections or a private business leasing space within a state prison under s. 303.01 (2) (em), and the claimant's employment terminates because conditions of incarceration or supervision make it impossible to continue the employment, the department shall charge to the fund's balancing account any benefits based on the terminated employment that are otherwise chargeable to the account of an employer that is subject to the contribution requirements under ss. 108.17 and 108.18.

AB176, s. 63 Section 63. 115.31 (1) (b) of the statutes is amended to read:

AB176,29,4 115.31 (1) (b) "Educational agency" means a school district, cooperative educational service agency, state correctional institution under s. 302.01 prison, secured correctional facility, as defined in s. 938.02 (15m), secured child caring institution, as defined in s. 938.02 (15g), the Wisconsin school for the visually handicapped, the Wisconsin school for the deaf, the Mendota mental health institute, the Winnebago mental health institute, a state center for the developmentally disabled, a private school or a private, nonprofit, nonsectarian agency under contract with a school board under s. 118.153 (3) (c).

AB176, s. 64 Section 64. 115.76 (10) of the statutes is amended to read:

AB176,29,12 115.76 (10) "Local educational agency", except as otherwise provided, means the school district in which the child with a disability resides, the department of health and family services if the child with a disability resides in an institution or facility operated by the department of health and family services, or the department of corrections if the child with a disability resides in a Type 1 secured correctional facility, as defined in s. 938.02 (19), or a Type 1 prison, as defined in s. 301.01 (5), or a private prison operating under a contract under s. 301.21 (3).

AB176, s. 65 Section 65. 115.762 (4) of the statutes is amended to read:

AB176,29,18 115.762 (4) Limitation. Nothing in this subchapter requires that special education and related services be provided to a child with a disability who is at least 18 years old but not yet 22 years old and who, in the child's educational placement before his or her incarceration in a state prison, was not identified as a child with a disability or for whom an individualized education program was not developed.

AB176, s. 66 Section 66. 115.787 (6) of the statutes is amended to read:

AB176,29,23 115.787 (6) Children with disabilities in state prisons. (a) 1. The requirements relating to participation of children with disabilities in general assessments under sub. (2) (e) do not apply to a child with a disability who is convicted of a crime under state law and incarcerated in a state prison.

AB176,30,3 2. The requirements relating to transition planning and transition services under sub. (2) (g) 1. and 2. do not apply with respect to a child with a disability who is convicted of a crime under state law and incarcerated in a state prison and whose eligibility under this subchapter will end, because of his or her age, before he or she will be released from prison.

AB176,30,9 (b) If a child with a disability is convicted of a crime under state law and incarcerated in a state prison, the child's individualized education program team may modify the child's individualized education program or placement notwithstanding the requirements of sub. (1) and s. 115.79 (1) if the department of corrections has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated.

AB176, s. 67 Section 67. 115.81 (1) (b) of the statutes is amended to read:

AB176,30,19 115.81 (1) (b) "Responsible local educational agency" means the local educational agency that was responsible for providing a free, appropriate public education to the child before the placement of the child in a child caring institution, except that if the child resided in an institution or facility operated by the department of health and family services, a Type 1 secured correctional facility, as defined in s. 938.02 (19), or a Type 1 prison, as defined in s. 301.01 (5), or a private prison operating under a contract under s. 301.21 (3) before the placement of the child in a child caring institution, "responsible local educational agency" means the school district in which the child caring institution is located.

AB176, s. 68 Section 68. 118.125 (4) of the statutes is amended to read:

AB176,31,8 118.125 (4) Transfer of records. Within 5 working days, a school district shall transfer to another school or school district all pupil records relating to a specific pupil if the transferring school district has received written notice from the pupil if he or she is an adult or his or her parent or guardian if the pupil is a minor that the pupil intends to enroll in the other school or school district or written notice from the other school or school district that the pupil has enrolled or from a court that the pupil has been placed in a juvenile correctional facility institution or a secured child caring institution, as defined in s. 938.02 (15g). In this subsection, "school" and "school district" include any juvenile correctional facility institution, secured child caring institution as defined in s. 938.02 (15g), adult correctional institution, mental health institute or center for the developmentally disabled, that provides an educational program for its residents instead of or in addition to that which is provided by public and private schools.

AB176, s. 69 Section 69. 118.16 (4) (cm) 1. of the statutes is amended to read:

AB176,31,18 118.16 (4) (cm) 1. The school board may establish policies which provide that a pupil of an age eligible for high school enrollment in the school district, as determined by the school board, may be assigned to a period of assessment as a consequence of the pupil's truancy or upon the pupil's return to school from placement in a correctional facility institution, mental health treatment facility, alcohol and other drug abuse treatment facility or other out-of-school placement. The policies shall specify the conditions under which a pupil may participate in the assessment without being in violation of s. 118.15 and the maximum length of time that a pupil may be assigned to an assessment period.

AB176, s. 70 Section 70. 120.18 (1) (a) (intro.) of the statutes is amended to read:

AB176,32,3 120.18 (1) (a) (intro.) The school count, showing the numbers and ages of persons who are at least 4 years old but not yet 14 years old and who reside in a school district operating only elementary grades, showing the number and ages of persons between the ages of 14 and 20 residing in a union high school district and showing the number and ages of persons between the ages of 4 and 20 residing in any other school district. Children cared for at a charitable or penal correctional institution of this state may not be included in the report. The school district clerk may employ a competent person to take the school count. The count may be determined by using any of the following methods:

AB176, s. 71 Section 71. 121.79 (1) (b) of the statutes is amended to read:

AB176,32,7 121.79 (1) (b) For pupils whose parents or guardians are employed at and reside on the grounds of a state or federal military camp, federal veteran hospital or state charitable or penal correctional institution.

AB176, s. 72 Section 72. 132.13 (1) (a) of the statutes is amended to read:

AB176,33,2 132.13 (1) (a) All goods, wares, and merchandise made wholly or in part by convict labor in any penitentiary, prison, reformatory or other establishment in which convict labor is employed, except convicts or prisoners on parole, extended supervision or probation, shall before being exposed for sale be branded, labeled, marked or tagged as herein provided and shall not be exposed for sale or sold in this state without such brand, label, mark or tag. Such brand, label, mark or tag shall contain at the head or top thereof the words "convict-made" followed by the name of the penitentiary, prison, reformatory or other establishment in which it was made in plain English lettering of the style and size known as eighteen point Cheltenham bold type capitals. The brand or mark shall in all cases where the nature of the articles will permit be placed on each individual article or part of such article that is sold, and only where such branding or marking is impossible shall a label or tag be used and where a label is used it shall be securely pasted onto each such article and when a tag is used it shall be a paper tag securely fastened to such article or part of article sold. In addition to the marking of each article or part of article sold a similar brand, mark, label or tag shall be placed upon the outside or upon its box, crate, or other covering. All brands, labels, marks, and tags shall be placed on a conspicuous part of such article or part of article and its container.

AB176, s. 73 Section 73. 139.40 (2) of the statutes is amended to read:

AB176,33,12 139.40 (2) If cigarettes which do not bear the proper tax stamps or on which the tax has not been paid are so seized they may be given to law enforcement officers to use in criminal investigations or sold to qualified buyers by the secretary, without notice. If the cigarettes are sold, after deducting the costs of the sale and the keeping of the property, the proceeds of the sale shall be paid into the state treasury. If the secretary finds that such cigarettes may deteriorate or become unfit for use in criminal investigations or for sale or that those uses would otherwise be impractical, the secretary may order them destroyed or give them to a charitable or penal correctional institution for free distribution to patients or inmates.

AB176, s. 74 Section 74. 157.02 (1) of the statutes is amended to read:

AB176,33,25 157.02 (1) Notice to relatives. When an inmate of any state, county or municipal institution or any private prison operating under a contract under s. 302.21 (3) dies, the superintendent or other person in charge of the institution or private prison shall immediately notify a relative of the decedent. A public officer having the possession or the disposition of a corpse shall immediately notify a relative of the decedent. If no relative is known, or discoverable by use of ordinary diligence, notice may be dispensed with. In addition, if the deceased had been an inmate of a state correctional institution, the department of corrections shall provide written notification to the relative informing him or her that the department of corrections, upon request, will provide a copy of any autopsy report or other report or information pertaining to the death. The department of corrections shall describe how the request may be made and shall promptly comply with any such request.

AB176, s. 75 Section 75. 165.755 (6) of the statutes is amended to read:

AB176,34,6 165.755 (6) If an inmate in a state prison or a person sentenced to a the Wisconsin state prison prisons has not paid the crime laboratories and drug law enforcement assessment under sub. (1) (a), the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected shall be transmitted to the state treasurer.

AB176, s. 76 Section 76. 165.84 (4) of the statutes is amended to read:

AB176,34,17 165.84 (4) All persons in charge of state penal and correctional institutions shall obtain fingerprints, according to the fingerprint system of identification established by the director of the F.B.I., and full face and profile photographs of all persons received on commitment to these institutions. The prints and photographs so taken shall be forwarded to the department, together with any other identifying data requested, within 10 days after the arrival at the institution of the person committed. Full length photographs in release dress shall be taken immediately prior to the release of these persons from these institutions or from a private prison operating under a contract under s. 301.21 (3). Immediately after release, these photographs shall be forwarded to the department.

AB176, s. 77 Section 77. 165.84 (5) of the statutes is amended to read:

AB176,34,25 165.84 (5) All persons in charge of law enforcement and tribal law enforcement agencies, all clerks of court, all municipal judges where they have no clerks, all persons in charge of state and county penal and correctional institutions, and all persons in charge of state and county probation, extended supervision and parole offices, shall supply the department with the information described in s. 165.83 (2) (f) on the basis of the forms and instructions to be supplied by the department under s. 165.83 (2) (g).

AB176, s. 78 Section 78. 165.84 (6) of the statutes is amended to read:

AB176,35,8 165.84 (6) All persons in charge of law enforcement and tribal law enforcement agencies in this state shall furnish the department with any other identifying data required in accordance with guidelines established by the department. All law enforcement and tribal law enforcement agencies and penal and correctional institutions in this state having criminal identification files shall cooperate in providing to the department copies of such items in these files as will aid in establishing the nucleus of the state criminal identification file.

AB176, s. 79 Section 79. 230.36 (1) of the statutes is amended to read:

AB176,36,17 230.36 (1) If a conservation warden, conservation patrol boat captain, conservation patrol boat engineer, state forest ranger, conservation field employe of the department of natural resources who is subject to call for fire control duty, member of the state patrol, state motor vehicle inspector, lifeguard, excise tax investigator employed by the department of revenue, special criminal investigation agent employed by the department of justice, special tax agent, state drivers' license examiner, state fair park police officer, University of Wisconsin System police officer and other state facilities police officer and patrol officer, security officer, watcher, engineer, engineering aide, building construction superintendent, fire fighter employed at the Wisconsin Veterans Home, or guard or institutional aide or a state probation, extended supervision and parole officer or any other employe whose duties include supervision and discipline of inmates or wards of the state at a state penal correctional institution, including a secured correctional facility, as defined in s. 938.02 (15m), or while on parole supervision or extended supervision outside of the confines of the institutions, or supervision of persons placed on probation by a court of record, or supervision and care of patients at a state mental institution, and the University of Wisconsin Hospitals and Clinics suffers injury while in the performance of his or her duties, as defined in subs. (2) and (3); or any other state employe who is not listed in this subsection and who is ordered by his or her appointing authority to accompany any employe listed in this subsection while the listed employe is engaged in the duties defined in sub. (3), or any other state employe who is not listed in this subsection and who is ordered by his or her appointing authority to perform the duties, when permitted, in lieu of the listed employe and while so engaged in the duties defined in sub. (3), suffers injury as defined in sub. (2) the employe shall continue to be fully paid by the employing agency upon the same basis as paid prior to the injury, with no reduction in sick leave credits, compensatory time for overtime accumulations or vacation and no reduction in the rate of earning sick leave credit or vacation. The full pay shall continue while the employe is unable to return to work as the result of the injury or until the termination of his or her employment upon recommendation of the appointing authority. At any time during the employe's period of disability the appointing authority may order physical or medical examinations to determine the degree of disability at the expense of the employing agency.

AB176, s. 80 Section 80. 230.36 (3) (c) (intro.) of the statutes is amended to read:

AB176,36,23 230.36 (3) (c) (intro.) A guard, institution aide, or other employe at the University of Wisconsin Hospitals and Clinics or at a state penal correctional or mental institution, including a secured correctional facility, as defined in s. 938.02 (15m), and a state probation, extended supervision and parole officer, at all times while:

AB176, s. 81 Section 81. 250.04 (10) of the statutes is amended to read:

AB176,37,7 250.04 (10) The department may investigate and supervise the sanitary conditions of all charitable, curative, reformatory and penal correctional institutions, all detention homes for children and the hospitals and institutions that are organized for the purposes set forth in s. 58.01. The department may visit the jails, municipal prisons, houses of correction and all other places in which persons convicted or suspected of crime or mentally ill persons are confined and ascertain the sanitary conditions of those places.

AB176, s. 82 Section 82. 252.02 (4) of the statutes is amended to read:

AB176,37,19 252.02 (4) The department may promulgate and enforce rules or issue orders for guarding against the introduction of any communicable disease into the state, for the control and suppression of communicable diseases, for the quarantine and disinfection of persons, localities and things infected or suspected of being infected by a communicable disease and for the sanitary care of jails, state prisons, mental health institutions, schools, hotels and public buildings and connected premises. Any rule or order may be made applicable to the whole or any specified part of the state, or to any vessel or other conveyance. The department may issue orders for any city, village or county by service upon the local health officer. Rules that are promulgated and orders that are issued under this subsection supersede conflicting or less stringent local regulations, orders or ordinances.

AB176, s. 83 Section 83. 252.02 (5) of the statutes is amended to read:

AB176,38,3 252.02 (5) If any public officer or employe or any person in charge of any building, vessel, conveyance, jail, state prison, mental health institution or school fails to comply with a rule promulgated or order issued under sub. (4), the department may appoint an agent to execute its rules or orders. Expenses that an agent incurs shall be paid by the unit of government that employs the person or of which the public officer is a member. If the building, vessel, conveyance, prison, mental health institution or school is privately owned the state shall pay the expenses that the agent incurs.

AB176, s. 84 Section 84. 252.06 (6) (b) of the statutes is amended to read:

AB176,38,13 252.06 (6) (b) When a person confined in a jail, state prison, mental health institute or other public place of detention has a disease which the local health officer or the director of health at the institution deems dangerous to the health of other residents or the neighborhood, the local health officer or the director of health at the institution shall order in writing the removal of the person to a hospital or other place of safety, there to be provided for and securely kept. Upon recovery the person shall be returned; and if the person was committed by a court or under process the removal order or a copy shall be returned by the local health officer to the committing court officer.

AB176, s. 85 Section 85. 252.08 (4) (a) of the statutes is amended to read:

AB176,38,17 252.08 (4) (a) Care of patients transferred to facilities approved under this section from state institutions or from state penal correctional institutions under s. 304.115.

AB176, s. 86 Section 86. 252.14 (1) (ad) of the statutes is renumbered 252.14 (1) (ad) (intro.) and amended to read:

AB176,38,21 252.14 (1) (ad) (intro.) "Correctional officer" has the meaning given means any of the following:

AB176,38,22 1. A correctional officer as defined in s. 301.28 (1).

AB176, s. 87 Section 87. 252.14 (1) (ad) 2. of the statutes is created to read:

AB176,39,3 252.14 (1) (ad) 2. A person employed by a private prison operating under a contract under s. 302.21 (3) whose principal duty is the supervision of inmates at the private prison.

AB176, s. 88 Section 88. 252.15 (1) (ad) of the statutes is renumbered 252.15 (1) (ad) (intro.) and amended to read:

AB176,39,7 252.15 (1) (ad) (intro.) "Correctional officer" has the meaning given means any of the following:

AB176,39,8 1. A correctional officer as defined in s. 301.28 (1).

AB176, s. 89 Section 89. 252.15 (1) (ad) 2. of the statutes is created to read:

AB176,39,12 252.15 (1) (ad) 2. A person employed by a private prison operating under a contract under s. 302.21 (3) whose principal duty is the supervision of inmates at the private prison.

AB176, s. 90 Section 90. 292.65 (1) (d) 6. of the statutes is amended to read:

AB176,39,15 292.65 (1) (d) 6. A facility that is located at a prison or other penal correctional institution.

AB176, s. 91 Section 91. 301.01 (2g) of the statutes is created to read:

AB176,39,18 301.01 (2g) "Private prison" means a private prison operating under a contract under s. 301.21 (3).

AB176, s. 92 Section 92. 301.03 (2r) of the statutes is amended to read:

AB176,39,21 301.03 (2r) Conduct drug testing of prospective parolees or persons to be placed on extended supervision who have undergone treatment while in state prison.

AB176, s. 93 Section 93. 301.03 (9) of the statutes is amended to read:

AB176,39,24 301.03 (9) Supervise all persons placed under s. 48.366 (8) or 938.183 in a state prison.

AB176, s. 94 Section 94. 301.046 (1) of the statutes is amended to read:

AB176,40,13 301.046 (1) Institution status. The department shall establish and operate a community residential confinement program as a correctional institution under the charge of a superintendent. Under the program, the department shall confine prisoners in their places of residence or other places designated by the department. The secretary may allocate and reallocate existing and future facilities as part of the institution. The institution is subject to s. 301.02 and is a state prison as defined in under s. 302.01. Construction or establishment of the institution shall be in compliance with all state laws except s. 32.035 and ch. 91. In addition to the exemptions under s. 13.48 (13), construction or establishment of facilities for the institution are not subject to the ordinances or regulations relating to zoning, including zoning under ch. 91, of the county and municipality in which the construction or establishment takes place and are exempt from inspections required under s. 301.36.

AB176, s. 95 Section 95. 301.048 (4) (b) of the statutes is amended to read:

AB176,40,24 301.048 (4) (b) The department shall operate the program as a correctional institution. The secretary may allocate and reallocate existing and future facilities as part of the institution. The institution is subject to s. 301.02 and is a state prison as defined in under s. 302.01. Construction or establishment of the institution shall be in compliance with all state laws except s. 32.035 and ch. 91. In addition to the exemptions under s. 13.48 (13), construction or establishment of facilities for the institution are not subject to the ordinances or regulations relating to zoning, including zoning under ch. 91, of the county and municipality in which the construction or establishment takes place and are exempt from inspections required under s. 301.36.

AB176, s. 96 Section 96. 301.08 (1) (b) 1. of the statutes is amended to read:

AB176,41,10 301.08 (1) (b) 1. Contract with public, private or voluntary agencies for the purchase of goods, care and services for persons committed or sentenced to a state correctional or penal institution, in the custody of the department or placed on probation or lifetime supervision to the department by a court of record, or released from a state correctional or penal institution under s. 939.615. Services shall include, but are not limited to, diagnostic services, evaluation, treatment, counseling, referral and information, day care, inpatient hospitalization, transportation, recreation, special education, vocational training, work adjustment, sheltered employment, special living arrangements and legal and protective services.

AB176, s. 97 Section 97. 301.12 (2m) of the statutes is amended to read:

AB176,41,14 301.12 (2m) The liability specified in sub. (2) shall not apply to persons 17 and older receiving care, maintenance, services and supplies provided by prisons named in s. 302.01 a prison.

AB176, s. 98 Section 98. 301.13 of the statutes is amended to read:

AB176,42,12 301.13 Minimum security correctional institutions. The department may establish and operate minimum security correctional institutions. The secretary may allocate and reallocate existing and future facilities as part of these institutions. The institutions are subject to s. 301.02 and are state prisons as defined in s. 302.01. Inmates from Wisconsin state sentenced to the Wisconsin state prisons may be transferred to these institutions and they shall be as provided under s. 302.18. Inmates transferred to the institutions under this section are subject to all laws pertaining to inmates of other penal institutions of the state prisons under s. 302.01. Officers and employes of the institutions shall be subject to the same laws as pertain to other penal institutions state prisons under s. 302.01. Inmates shall not be received on direct commitment from the courts. In addition to the exemptions under s. 13.48 (13), construction or establishment of facilities at institutions which are community correctional residential centers initially established prior to July 2, 1983, shall not be subject to the ordinances or regulations relating to zoning, including zoning under ch. 91, of the county and municipality in which the construction or establishment takes place. The department shall establish a procedure for soliciting responses from interested communities and persons regarding potential sites for the institutions under this section, except the procedure does not apply to the 125-bed community correctional center in the city of Waupun. The department shall consider locations proposed under this procedure and may consider any other locations on its own initiative. The department need not promulgate rules regarding the site consideration procedures under this section.

AB176, s. 99 Section 99. 301.14 of the statutes is amended to read:

AB176,43,2 301.14 State-local shared correctional facilities. In cooperation with any county or group of counties, the department may contract for the establishment and operation of state-local shared correctional facilities under s. 302.45. Except as provided in s. 302.45 (4), the secretary may allocate and reallocate existing and future facilities as state-local shared correctional facilities. The shared facilities shall be are institutions under s. 301.02 and shall be are state prisons under s. 302.01. Inmates from sentenced to the Wisconsin state prisons may be transferred to these facilities and, except as provided under s. 302.18. Except as to any separate rules established in the contract governing a shared facility, shall be inmates transferred to shared facilities under this section are subject to all laws pertaining to inmates of other penal institutions of this state prisons under s. 302.01. Officers and employes of the facilities shall be subject to the same laws as pertain to other penal institutions state prisons under s. 302.01. Inmates may not be received on direct commitment from the courts.

AB176, s. 100 Section 100. 301.15 of the statutes is amended to read:

AB176,43,12 301.15 Medium security prison. The department may construct a medium security prison to be known as the Fox Lake correctional institution on state-owned land known as prison farm 10 in Dodge county. Inmates from sentenced to the Wisconsin state prisons may be transferred to this institution and they shall be as provided under s. 302.18. Inmates transferred to the institution under this section are subject to all laws pertaining to inmates of other penal institutions of this state prisons under s. 302.01. Officers and employes of the institutions shall be subject to the same laws as pertain to other penal institutions state prisons under s. 302.01. Inmates shall not be received on direct commitment from the courts.

AB176, s. 101 Section 101. 301.16 (1r) of the statutes is amended to read:

AB176,43,21 301.16 (1r) In addition to the institutions under sub. (1), the department shall establish a medium security correctional institution for persons 15 years of age or over, but not more than 21 years of age, who have been placed in a state prison under s. 302.01. The medium security correctional institution under this subsection shall be known as the Racine Youthful Offender Correctional Facility and shall be located at the intersection of Albert Street and North Memorial Drive in the city of Racine. The department shall limit the number of prisoners who may be placed at the Racine Youthful Offender Correctional Facility to no more than 400 at any one time.

AB176, s. 102 Section 102. 301.16 (1x) of the statutes is amended to read:

AB176,44,4 301.16 (1x) Inmates from sentenced to the Wisconsin state prisons may be transferred to the institutions under this section and they shall be. Inmates transferred to institutions under this section are subject to all laws pertaining to inmates of other penal institutions of prisons in this state. Officers and employes of the institutions shall be subject to the same laws as pertain to other penal correctional institutions. Inmates shall not be received on direct commitment from the courts.

AB176, s. 103 Section 103. 301.21 (title) of the statutes is amended to read:

AB176,44,7 301.21 (title) Contracts for the transfer and confinement of Wisconsin prisoners in other states.