AB176: Bill Text

AB176, s. 112 Section 112. 301.29 (2) of the statutes is amended to read:

AB176,47,24 301.29 (2) The superintendents of all the superintendent of a state correctional institutions, institution or a private prison and the employes under them any employe of the institution or prison to whom they delegate the superintendent delegates police power, may arrest any person within or upon the grounds of the institutions whom they have the superintendent or employe has reason to believe is guilty of any offense against the laws or regulations governing the institutions; and for that purpose they shall possess the powers of constables.

AB176, s. 113 Section 113. 301.29 (3) of the statutes is amended to read:

AB176,48,9 301.29 (3) The department shall investigate complaints against any institution under its jurisdiction, including a private prison, or against the officers or employes of the institutions. For that purpose, the secretary and such officers and employes as the secretary authorizes may summon and swear witnesses, take testimony and compel the production of books and papers. On its own initiative, the department may investigate the affairs of any institution. Any written communication or complaint addressed to the secretary by any inmate, employe or subordinate of an institution shall be immediately forwarded unopened to the addressee.

AB176, s. 114 Section 114. 301.32 (1) of the statutes is amended to read:

AB176,49,5 301.32 (1) Property delivered to warden or superintendent; credit and debit. All money and other property delivered to an employe of any state correctional institution or private prison for the benefit of a prisoner or resident shall be delivered to the warden or superintendent, who shall enter the property upon his or her accounts to the credit of the prisoner or resident. The property may be used only under the direction and with the approval of the superintendent or warden and for the crime victim and witness assistance surcharge under s. 973.045 (4), the delinquency victim and witness assistance surcharge under s. 938.34 (8d) (c), the deoxyribonucleic acid analysis surcharge under s. 973.046 or the benefit of the prisoner or resident. If the money remains uncalled for for one year after the prisoner's or resident's death or departure from the state correctional institution or private prison, the superintendent shall deposit it in the general fund. If any prisoner or resident leaves property, other than money, uncalled for at a state correctional institution or private prison for one year, the superintendent shall sell the property and remit the proceeds to the department for deposit the proceeds in the general fund, donate the property to a public agency or private, nonprofit organization or destroy the property. If any person satisfies the department, within 5 years after the deposit, of his or her right to the deposit, the department shall direct the department of administration to draw its warrant in favor of the claimant and it shall charge the same to the appropriation made by s. 20.913 (3) (bm).

AB176, s. 115 Section 115. 301.33 (1) of the statutes is amended to read:

AB176,49,10 301.33 (1) Subject to reasonable exercise of the privilege, members of the clergy of all religious faiths shall have an opportunity, at least once each week, to conduct religious services within the state correctional institutions and within a private prison. Attendance at the services is voluntary.

AB176, s. 116 Section 116. 301.36 (1) of the statutes is amended to read:

AB176,49,16 301.36 (1) General authority. The department shall investigate and supervise all of the state correctional institutions and all secure detention facilities and shall investigate all private prisons. The department shall familiarize itself with all of the circumstances affecting their the management and usefulness of the institutions, facilities and private prisons it investigates under this subsection.

AB176, s. 117 Section 117. 301.36 (2) (title) of the statutes is amended to read:

AB176,49,18 301.36 (2) (title) Prisons and other correctional institutions.

AB176, s. 118 Section 118. 301.38 (2) (intro.) of the statutes is amended to read:

AB176,49,23 301.38 (2) (intro.) If a prisoner escapes from a Type 1 prison or a private prison, the department shall make a reasonable attempt to notify all of the following persons, if they can be found, in accordance with sub. (3) and after receiving a completed card under sub. (4):

AB176, s. 119 Section 119. 302.01 of the statutes is amended to read:

AB176,50,21 302.01 State prisons named and defined listed. The penitentiary institution at Waupun is named "Waupun Correctional Institution". The correctional treatment center at Waupun is named "Dodge Correctional Institution". The penitentiary institution at Green Bay is named "Green Bay Correctional Institution". The medium/maximum penitentiary institution at Portage is named "Columbia Correctional Institution". The medium security institution at Oshkosh is named "Oshkosh Correctional Institution". The medium security penitentiary institution near Fox Lake is named "Fox Lake Correctional Institution". The penitentiary institution at Taycheedah is named "Taycheedah Correctional Institution". The medium security penitentiary institution at Plymouth is named "Kettle Moraine Correctional Institution". The penitentiary institution at the village of Sturtevant in Racine county is named "Racine Correctional Institution". The medium security penitentiary institution at Racine is named "Racine Youthful Offender Correctional Facility". The resource facility at Oshkosh is named "Wisconsin Resource Center". The institutions named in this section, the correctional institution authorized under s. 301.16 (1n), correctional institution authorized under 1997 Wisconsin Act 4, section 4 (1) (a), correctional institution authorized under s. 301.046 (1), correctional institution authorized under s. 301.048 (4) (b), minimum security correctional institutions authorized under s. 301.13, and state-local shared correctional facilities when established under s. 301.14, are state prisons.

AB176, s. 120 Section 120. 302.02 (title) of the statutes is amended to read:

AB176,50,24 302.02 (title) Jurisdiction and extent of state correctional institutions and private prisons; service of process therein.

AB176, s. 121 Section 121. 302.02 (3t) of the statutes is amended to read:

AB176,51,6 302.02 (3t) Institutions located in other states; private prisons. For all purposes of discipline and for judicial proceedings, each institution that is located in another state and authorized for use under s. 301.21 and the precincts of the institution shall be deemed to be in a county in which the institution is physically located, and the courts of that county shall have jurisdiction of any activity, wherever located, conducted by the institution.

AB176, s. 122 Section 122. 302.02 (5) (a) of the statutes is amended to read:

AB176,51,9 302.02 (5) (a) Service of process may be made on the warden or superintendent of any a prison named in s. 302.01 as upon any other resident of this state.

AB176, s. 123 Section 123. 302.02 (5) (b) of the statutes is amended to read:

AB176,51,14 302.02 (5) (b) Except as provided in par. (a), service of process within any such a prison on any officer or employe or inmate thereof shall be made by the warden or superintendent or some person appointed by the warden or superintendent to serve process.

AB176, s. 124 Section 124. 302.04 (title) of the statutes is amended to read:

AB176,51,16 302.04 (title) Duties of warden and superintendents of state prisons.

AB176, s. 125 Section 125. 302.05 (1) (intro.) of the statutes is amended to read:

AB176,51,25 302.05 (1) (intro.) The department of corrections and the department of health and family services may designate a section of a mental health institute as a correctional treatment facility for the treatment of substance abuse of inmates transferred from Wisconsin state prisons a prison. This section shall be administered by the department of corrections and shall be known as the Wisconsin substance abuse program. The department of corrections and the department of health and family services shall ensure that the residents at the institution and the residents in the substance abuse program:

AB176, s. 126 Section 126. 302.06 of the statutes is amended to read:

AB176,52,12 302.06 Delivery of persons to prisons. The sheriff shall deliver to the reception center designated by the department every person convicted in the county and sentenced to the Wisconsin state prisons or to the intensive sanctions program as soon as may be after sentence, together with a copy of the judgment of conviction. The warden or superintendent shall deliver to the sheriff a receipt acknowledging receipt of the person, naming the person, which receipt the sheriff shall file in the office of the clerk who issued the copy of the judgment of conviction. When transporting or delivering the person to any of the Wisconsin state prisons prison located in this state, the sheriff shall be accompanied by an adult of the same sex as the person. If the sheriff and the person are of the same sex, this requirement is satisfied and a 3rd person is not required.

AB176, s. 127 Section 127. 302.07 of the statutes is amended to read:

AB176,52,20 302.07 Maintenance of order. The warden or superintendent of a prison shall maintain order, enforce obedience, suppress riots and prevent escapes. For such purposes the warden or superintendent may command the aid of the officers of the institution and of persons outside of the prison; and any person who fails to obey such command shall be punished by imprisonment in the county jail not more than one year or by a fine not exceeding $500. The warden or superintendent may adopt proper means to capture escaped inmates.

AB176, s. 128 Section 128. 302.08 of the statutes is amended to read:

AB176,52,25 302.08 Humane treatment and punishment. The wardens and the superintendents warden, superintendent and all prison officials and employes of a prison shall uniformly treat the inmates with kindness. There shall be no corporal or other painful and unusual punishment inflicted upon inmates.

AB176, s. 129 Section 129. 302.095 (2) of the statutes is amended to read:

AB176,53,12 302.095 (2) Any officer or other person who delivers or procures to be delivered or has in his or her possession with intent to deliver to any inmate confined in a jail or state prison, or who deposits or conceals in or about a jail or prison, or the precincts of a jail or prison, or in any vehicle going into the premises belonging to a jail or prison, any article or thing whatever, with intent that any inmate confined in the jail or prison shall obtain or receive the same, or who receives from any inmate any article or thing whatever with intent to convey the same out of a jail or prison, contrary to the rules or regulations and without the knowledge or permission of the sheriff or other keeper of the jail, in the case of a jail, or of the warden or superintendent of the prison, in the case of a prison, shall be imprisoned for not more than 2 years or fined not more than $500.

AB176, s. 130 Section 130. 302.095 (2) of the statutes, as affected by 1997 Wisconsin Acts 283 and 1999 Wisconsin Act .... (this act), is repealed and recreated to read:

AB176,53,25 302.095 (2) Any officer or other person who delivers or procures to be delivered or has in his or her possession with intent to deliver to any inmate confined in a jail or prison, or who deposits or conceals in or about a jail or prison, or the precincts of a jail or prison, or in any vehicle going into the premises belonging to a jail or prison, any article or thing whatever, with intent that any inmate confined in the jail or prison shall obtain or receive the same, or who receives from any inmate any article or thing whatever with intent to convey the same out of a jail or prison, contrary to the rules or regulations and without the knowledge or permission of the sheriff or other keeper of the jail, in the case of a jail, or of the warden or superintendent of the prison, in the case of a prison, shall be imprisoned for not more than 3 years or fined not more than $500.

AB176, s. 131 Section 131. 302.13 of the statutes is amended to read:

AB176,54,7 302.13 Preservation of property an inmate brings to prison. The department shall preserve money and effects, except clothes, in the possession of an inmate when admitted to the prison Wisconsin state prisons and, subject to the crime victim and witness assistance surcharge under s. 973.045 (4) and the deoxyribonucleic acid analysis surcharge under s. 973.046, shall restore the money and effects to the inmate when discharged.

AB176, s. 132 Section 132. 302.15 of the statutes is amended to read:

AB176,54,16 302.15 Activities off grounds. The wardens and superintendents of the state prisons, and all wardens and superintendents of county prisons, jails, camps and houses of correction enumerated in ch. 303, and the warden or superintendent of a private prison may take inmates away from the institution grounds for rehabilitative and educational activities approved by the department and under such supervision as the superintendent or warden deems necessary. While away from the institution grounds an inmate is deemed to be under the care and control of the institution in which he or she is an inmate and subject to its rules and discipline.

AB176, s. 133 Section 133. 302.17 (1) of the statutes is amended to read:

AB176,54,22 302.17 (1) When any inmate is received into any state penal institution the department receives a prisoner committed to its custody, the department shall register the date of admission, the name, age, nativity and nationality and such other facts as may be obtained as to parentage, education and previous history and environments of such inmate.

AB176, s. 134 Section 134. 302.18 (2) of the statutes is amended to read:

AB176,55,2 302.18 (2) Inmates of a county house of correction may be transferred to a state prison. If any county discontinues its house of correction, inmates at the time of the discontinuance may be transferred to the state a prison or to the county jail of the county as the commitment indicates.

AB176, s. 135 Section 135. 302.18 (4) of the statutes is amended to read:

AB176,55,6 302.18 (4) With each person transferred to a state prison from another institution, the warden or superintendent of such other institution shall transmit the original commitment and the institutional record pertaining to such person.

AB176, s. 136 Section 136. 302.18 (5) of the statutes is amended to read:

AB176,55,11 302.18 (5) Any person who is legally transferred by the department to a penal correctional institution shall be subject to the same statutes, regulations and discipline as if the person had been originally sentenced to that institution, but the transfer shall not change the term of sentence.

AB176, s. 137 Section 137. 302.255 of the statutes is amended to read:

AB176,55,16 302.255 Interstate corrections compact; additional applicability. "Inmate", as defined under s. 302.25 (2) (a), includes persons subject to an order under s. 48.366 who are confined to a state prison under s. 302.01 and persons subject to an order under s. 938.34 (4h) who are 17 years of age or older.

AB176, s. 138 Section 138. 302.26 of the statutes is amended to read:

AB176,55,25 302.26 Corrections compact; contracts with other states; approval. The secretary is responsible for performing all functions necessary or incidental to carrying out the requirements of the interstate corrections compact under s. 302.25. The secretary may delegate and redelegate any of the functions as provided in s. 15.02 (4). If a contract under s. 301.21 or 302.25 involves the transfer of more than 10 prisoners in any fiscal year to any one state or to , any one political subdivision of another state or any one private prison, the contract may be entered into only if it is approved by the legislature by law or by the joint committee on finance.

AB176, s. 139 Section 139. 302.27 of the statutes is amended to read:

AB176,56,8 302.27 Contracts for temporary housing for or detention of prisoners. The department may contract with local governments for temporary housing or detention in county jails or county houses of correction for persons sentenced to imprisonment in the Wisconsin state prisons or to the intensive sanctions program. The rate under any such contract may not exceed $60 per person per day. Nothing in this section limits the authority of the department to place persons in jails under s. 301.048 (3) (a) 1.

AB176, s. 140 Section 140. 302.28 of the statutes is created to read:

AB176,56,12 302.28 Private prisons; limitation. A private person operating a private prison in this state may confine in that prison only prisoners transferred to the prison pursuant to a contract under s. 301.21 (3).

AB176, s. 141 Section 141. 302.31 of the statutes is amended to read:

AB176,57,2 302.31 Use of jails. The county jail may be used for the detention of persons charged with crime and committed for trial; for the detention of persons committed to secure their attendance as witnesses; to imprison persons committed pursuant to a sentence or held in custody by the sheriff for any cause authorized by law; for the detention of persons sentenced to imprisonment in the Wisconsin state penal institutions prisons or a county house of correction, until they are removed to those institutions; for the detention of persons participating in the intensive sanctions program; for the temporary detention of persons in the custody of the department; and for other detentions authorized by law. The county jail may be used for the temporary placement of persons in the custody of the department, other than persons under 17 years of age, and persons who have attained the age of 17 years but have not attained the age of 25 years who are under the supervision of the department under s. 48.366 or 938.355 (4) and who have been taken into custody pending revocation of aftercare supervision under s. 48.366 (5) or 938.357 (5) (e).

AB176, s. 142 Section 142. 302.33 (1) of the statutes is amended to read:

AB176,57,11 302.33 (1) The maintenance of persons who have been sentenced to the Wisconsin state penal institutions prisons; persons in the custody of the department, except as provided in sub. (2) and s. 301.048 (7); persons accused of crime and committed for trial; persons committed for the nonpayment of fines and expenses; and persons sentenced to imprisonment therein, while in the county jail, shall be paid out of the county treasury. No claim may be allowed to any sheriff for keeping or boarding any person in the county jail unless the person was lawfully detained therein.

AB176, s. 143 Section 143. 302.385 of the statutes is amended to read:

AB176,57,17 302.385 Correctional institution health care. The standards for delivery of health services in state correctional institutions governed under s. 301.02 and private prisons shall be based on the standards of any professional organization that establishes standards for health services in prisons and that is recognized by the department.

AB176, s. 144 Section 144. 302.386 (1) of the statutes is amended to read:

AB176,58,3 302.386 (1) Except as provided in sub. (5), liability for medical and dental services furnished to residents housed in prisons identified in s. 302.01 a prison or in a secured correctional facility as defined in s. 938.02 (15m), or in a secured child caring institution, as defined in s. 938.02 (15g), or to forensic patients in state institutions for those services which are not provided by employes of the department shall be limited to the amounts payable under ss. 49.43 to 49.47, except s. 49.468, for similar services. The department may waive any such limit if it determines that needed services cannot be obtained for the applicable amount. No provider of services may bill the resident or patient for the cost of services exceeding the amount of the liability under this subsection.

AB176, s. 145 Section 145. 302.386 (2) (intro.) of the statutes is amended to read:

AB176,58,9 302.386 (2) (intro.) The liability of the state for medical and dental services under sub. (1) does not extend to that part of the medical or dental services of a resident housed in a prison identified in s. 302.01, a secured correctional facility as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), for which any of the following applies:

AB176, s. 146 Section 146. 302.386 (3) (a) of the statutes is amended to read:

AB176,58,16 302.386 (3) (a) Except as provided in par. (b), the department may require a resident housed in a prison identified in s. 302.01 or in a secured correctional facility as defined in s. 938.02 (15m) who earns wages during residency and who receives medical or dental services to pay a deductible, coinsurance, copayment or similar charge upon the medical or dental service that he or she receives. The department shall collect the allowable deductible, coinsurance, copayment or similar charge.

AB176, s. 147 Section 147. 302.45 (1) of the statutes is amended to read:

AB176,59,2 302.45 (1) The department and any county or group of counties may contract for the cooperative establishment and use of state-local shared correctional facilities. Inmates sentenced to the Wisconsin state prisons, a county jail, a county reforestation camp or a county house of correction may be transferred to a shared facility by the department, sheriff or superintendent, respectively, under the agreement covering use of the facility. Any inmate confined in a state-local shared correctional facility shall be deemed to be serving time in the penal correctional institution to which he or she was sentenced and shall be eligible to earn good time credit against his or her sentence as provided under ss. 302.11, 302.12;, 302.43;, 303.07 and 303.19 for that institution.

AB176, s. 148 Section 148. 303.06 (1) of the statutes is amended to read:

AB176,59,7 303.06 (1) Except as authorized in this section, no goods, except farm machinery, farm implements and tools, cordage rope and ply goods, manufactured wholly or partly by inmates in any state, city or county penal correctional institution may be offered for sale in the open market.

AB176, s. 149 Section 149. 303.06 (5) of the statutes is amended to read:

AB176,59,14 303.06 (5) A tax-supported institution or a nonprofit agency may offer for sale in the open market products manufactured in whole or in part by inmates in a state penal correctional institution as part of a hobby-craft program or vocational training if the purpose of the sale is to support the institution's or agency's mission or is for some other charitable purpose and if the sale of that product or type of product has been approved by the prison industries board under s. 303.015 (1) (e).

AB176, s. 150 Section 150. 303.065 (1) (a) of the statutes is amended to read:

AB176,59,17 303.065 (1) (a) Except as provided in par. (b), the department may grant work release privileges to any person incarcerated within the state prisons in a prison.

AB176, s. 151 Section 151. 303.065 (3) of the statutes is amended to read:

AB176,60,3 303.065 (3) The department shall designate and adapt facilities of the state prisons for the purpose of quartering inmates with work release privileges or it may arrange and contract for other facilities, including portions of county jails for inmates employed in the area. An inmate with work release privileges placed in facilities outside a state prison shall be liable for the cost of the inmate's room, board, clothing and other necessary expenses incident to the inmate's employment or placement unless other means of payment are approved by the department. No inmate shall be granted work release privileges until such suitable quarters have been provided in the area of accepted or proffered employment, or educational or training placement.

AB176, s. 152 Section 152. 303.07 (3) of the statutes is amended to read:

AB176,60,12 303.07 (3) Each prisoner serving a sentence under this section who could have been sentenced to a the Wisconsin state prison prisons is subject to s. 302.11 (1), (1g), (1q) and (2). Each prisoner serving such a sentence may be transferred to a state prison upon recommendation of the superintendent and approval of the department. The county board may, pursuant to its regulations approved by the department, extend to all other prisoners similar pecuniary earnings and rewards, subject to similar conditions and limitations as those prescribed by s. 302.12 for prisoners in sentenced to the Wisconsin state prisons.

AB176, s. 153 Section 153. 303.19 (4) of the statutes is amended to read:

AB176,60,17 303.19 (4) The county board may, pursuant to its regulations approved by the department, extend to those prisoners similar pecuniary earnings and rewards, subject to similar conditions and limitations as those prescribed by s. 302.12 for prisoners in sentenced to the Wisconsin state prisons.

AB176, s. 154 Section 154. 303.21 (1) (a) of the statutes is amended to read:

AB176,61,6 303.21 (1) (a) If an inmate of a state correctional institution or private prison, in the performance of assigned work is injured so as to be permanently incapacitated or to have materially reduced earning power, the inmate may, upon being released from such institution, either upon release on parole or extended supervision or upon final discharge, be allowed and paid such compensation as the department of workforce development finds the inmate entitled to. The inmate shall be compensated on the same basis as if the injury had been covered by ch. 102, except that the total paid to any inmate may not exceed $10,000 and may be paid in instalments. If the injury results from employment in a prison industry, the payment shall be made from the revolving appropriation for its operation. If there is no revolving appropriation, payment shall be made from the general fund. In case of dispute, the procedure for hearing, award and appeal shall be as set forth in ss. 102.16 to 102.26.

AB176, s. 155 Section 155. 304.06 (1) (b) of the statutes is amended to read:

AB176,61,22 304.06 (1) (b) Except as provided in sub. (1m) or s. 302.045 (3), 961.49 (2), 973.01 (6) or 973.0135, the parole commission may parole an inmate of a person sentenced to the Wisconsin state prisons or any felon or any person serving at least one year or more in a county house of correction or a county reforestation camp organized under s. 303.07, when he or she has served 25% of the sentence imposed for the offense, or 6 months, whichever is greater. Except as provided in s. 939.62 (2m) (c) or 973.014 (1) (b) or (c), (1g) or (2), the parole commission may parole an inmate serving a life term when he or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject to extension under s. 302.11 (1q) and (2), if applicable. The person serving the life term shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary may grant special action parole releases under s. 304.02. The department or the parole commission shall not provide any convicted offender or other person sentenced to the department's custody any parole eligibility or evaluation until the person has been confined at least 60 days following sentencing.

AB176, s. 156 Section 156. 304.071 (1) of the statutes is amended to read: