AB176: Bill Text

AB176, s. 179 Section 179. 961.01 (12m) (am) of the statutes is created to read:

AB176,69,5 961.01 (12m) (am) A private prison operating under a contract under s. 301.21 (3).

AB176, s. 180 Section 180. 961.48 (2) of the statutes is amended to read:

AB176,69,15 961.48 (2) If any person is charged under sub. (2m) with a 2nd or subsequent offense under this chapter that is specified in s. 961.41 (1) (cm), (d), (e), (f), (g) or (h), (1m) (cm), (d), (e), (f), (g) or (h) or (3g) (a) 2., (c), (d) or (e), and he or she is convicted of that 2nd or subsequent offense, any applicable minimum and maximum fines and minimum and maximum periods of imprisonment under s. 961.41 (1) (cm), (d), (e), (f), (g) or (h), (1m) (cm), (d), (e), (f), (g) or (h) or (3g) (a) 2., (c), (d) or (e) are doubled. A person convicted of a 2nd or subsequent offense under s. 961.41 (3g) (c), (d) or (e) is guilty of a felony and the person may be imprisoned in the Wisconsin state prison prisons.

AB176, s. 181 Section 181. 968.255 (7) (a) of the statutes is amended to read:

AB176,69,18 968.255 (7) (a) Is serving a sentence, pursuant to a conviction, in a jail, state prison or house of correction.

AB176, s. 182 Section 182. 971.11 (1) of the statutes is amended to read:

AB176,70,4 971.11 (1) Whenever the warden or superintendent department receives notice of an untried criminal case pending in this state against an inmate of a state prison, the warden or superintendent department shall, at the request of the inmate, send by certified mail a written request to the district attorney for prompt disposition of the case. The request shall state the sentence then being served, the date of parole eligibility, if applicable, or the date of release to extended supervision, the approximate discharge or conditional release date, and prior decision relating to parole. If there has been no preliminary examination on the pending case, the request shall state whether the inmate waives such examination, and, if so, shall be accompanied by a written waiver signed by the inmate.

AB176, s. 183 Section 183. 971.11 (2) of the statutes is amended to read:

AB176,70,14 971.11 (2) If the crime charged is a felony, the district attorney shall either move to dismiss the pending case or arrange a date for preliminary examination as soon as convenient and notify the warden or superintendent of the prison thereof department, unless such examination has already been held or has been waived. After the preliminary examination or upon waiver thereof, the district attorney shall file an information, unless it has already been filed, and mail a copy thereof to the warden or superintendent department for service on the inmate. The district attorney shall bring the case on for trial within 120 days after receipt of the request subject to s. 971.10.

AB176, s. 184 Section 184. 973.013 (3m) of the statutes is amended to read:

AB176,71,5 973.013 (3m) If a person who has not attained the age of 16 years is sentenced to the Wisconsin state prisons, the department of corrections shall place the person at a secured juvenile correctional facility or a secured child caring institution, unless the department of corrections determines that placement in an institution under s. 302.01 a prison is appropriate based on the person's prior record of adjustment in a correctional setting, if any; the person's present and potential vocational and educational needs, interests and abilities; the adequacy and suitability of available facilities; the services and procedures available for treatment of the person within the various institutions; the protection of the public; and any other considerations promulgated by the department of corrections by rule. This subsection does not preclude the department of corrections from designating an adult correctional institution as a reception center for the person and subsequently transferring the person to a secured juvenile correctional facility or a secured child caring institution. Section 302.11 and ch. 304 apply to all persons placed in a secured juvenile correctional facility or a secured child caring institution under this subsection.

AB176, s. 185 Section 185. 973.0135 (2) (intro.) of the statutes is amended to read:

AB176,71,11 973.0135 (2) (intro.) Except as provided in sub. (3), when a court sentences a prior offender to imprisonment in a the Wisconsin state prison prisons for a serious felony committed on or after April 21, 1994, but before December 31, 1999, the court shall make a parole eligibility determination regarding the person and choose one of the following options:

AB176, s. 186 Section 186. 973.03 (2) of the statutes is amended to read:

AB176,71,15 973.03 (2) A defendant sentenced to the Wisconsin state prisons and to a county jail or house of correction for separate crimes shall serve all sentences, whether concurrent or consecutive, in the state prisons prison.

AB176, s. 187 Section 187. 973.045 (4) of the statutes is amended to read:

AB176,71,21 973.045 (4) If an inmate in a state prison or a person sentenced to a the Wisconsin state prison prisons has not paid the crime victim and witness assistance surcharge under this section, 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. 188 Section 188. 973.046 (4) of the statutes is amended to read:

AB176,72,2 973.046 (4) If an inmate in a state prison or a person sentenced to a the Wisconsin state prison prisons has not paid the deoxyribonucleic acid analysis surcharge under this section, 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. 189 Section 189. 973.08 (1) of the statutes is amended to read:

AB176,72,7 973.08 (1) When any defendant is sentenced to the Wisconsin state prisons, a copy of the judgment of conviction and a copy of any order for restitution under s. 973.20 shall be delivered by the officer executing the judgment to the warden or superintendent of the institution when the prisoner is delivered.

AB176, s. 190 Section 190. 973.18 (4) of the statutes is amended to read:

AB176,72,13 973.18 (4) The judge shall direct the defendant's counsel to confer with the defendant before signing the form, during the proceeding or as soon thereafter as practicable, and may make appropriate orders to allow the defendant to confer with counsel before being transferred to the Wisconsin state prison prisons. The defendant shall be given a copy of the form.

AB176, s. 191 Section 191. 976.08 of the statutes is amended to read:

AB176,72,19 976.08 Additional applicability. In this chapter, "prisoner" includes any person in a private prison operating under a contract under s. 301.21 (3), any person subject to an order under s. 48.366 or 938.183 who is confined to a Wisconsin state prison and any person subject to an order under s. 938.34 (4h) who is 17 years of age or older.

AB176, s. 192 Section 192. 990.01 (5w) of the statutes is created to read:

AB176,72,22 990.01 (5w) Correctional institution. "Correctional institution" includes a prison, jail, house of correction and any other place of penal detention.

AB176, s. 193 Section 193. 990.01 (30g) of the statutes is created to read:

AB176,73,3 990.01 (30g) Prison. "Prison" includes a state prison under s. 302.01 and a private prison operating under a contract under s. 301.21 (3). "Prison" does not include a federal correctional institution.

AB176, s. 194 Section 194. Effective dates. This act takes effect on the day after publication, except as follows:

AB176,73,7 (1) The repeal and recreation of section 302.095 (2) of the statutes takes effect on December 31, 1999.

AB176,73,9 (2) The repeal and recreation of section 51.35 (3) (c) and (e) of the statutes takes effect on December 1, 2001.

AB176,73,10 (End)