AB519: Bill Text

LRB-2853/2

MGD&JEO:wlj:km

1999 - 2000 LEGISLATURE

1999 Assembly BILL 519

October 5, 1999 - Introduced by Representatives Walker, F. Lasee, Ladwig, Ainsworth, Albers, Goetsch, Grothman, Miller, Owens, Pettis, Stone and Urban, cosponsored by Senator Darling. Referred to Committee on Corrections and the Courts.

AB519,2,16 An Act to renumber 51.37 (11), 157.02 (1) and 976.06; to renumber and amend 252.14 (1) (ad), 252.15 (1) (ad) and 801.02 (7) (b); to amend 16.385 (7), 19.32 (1e), 19.35 (1) (am) 2. c., 19.35 (3) (f), 20.410 (1) (kc), 20.903 (2) (c), 29.199, 38.04 (12), 38.14 (3) (a), 38.24 (1m) (d), 46.011 (2), 49.32 (7) (d), 49.47 (6) (c) 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 (13) (a) 5., 51.20 (13) (g) 2m., 51.20 (19) (b) 1., 51.30 (4) (b) 10. (intro.), 51.30 (4) (b) 12., 51.35 (1) (a), 51.35 (6) (a), 51.37 (5) (a), 51.37 (5) (b), 51.37 (5) (b), 51.37 (8) (a), 51.37 (8) (b), 51.39, 51.42 (3) (as) 1., 51.45 (15) (b), 51.61 (1) (c), 59.29 (1) (b), 77.996 (2) (f), 101.123 (4) (bm), 115.762 (4), 115.787 (6) (a) 1., 115.787 (6) (a) 2., 115.787 (6) (b), 165.84 (4), 165.84 (5), 227.43 (1) (bg), 252.02 (4), 252.02 (5), 252.06 (6) (b), 252.14 (2) (intro.), 252.14 (2) (am), 252.14 (2) (bm), 252.15 (1) (ab), 252.15 (2) (a) 7. a., 301.03 (12), 301.035 (2), 301.035 (4), 301.105 (intro.), 301.287, 301.33 (2), 301.33 (3), 301.36 (1) and (6), 301.372, 301.373 (9) (a), 302.01, 302.02 (5) (a), 302.02 (5) (b), 302.055, 302.07, 302.09, 302.095 (2), 302.12 (1), 302.13, 302.14, 302.18 (1), 302.27, 303.063 (1), 303.069 (title), 304.06 (1) (b), 447.06 (2) (a) 4., 782.01 (1), 782.45 (title), 801.02 (7) (a) 1., 801.02 (7) (a) 3., 801.02 (7) (bm) (intro.), 806.025 (1), 807.15 (1), 813.40 (1) (b) 3. (intro.), 814.29 (1m) (c) 2., 814.29 (1m) (e), 893.735 (1), 898.01, 940.20 (1), 940.29, 941.237 (1) (b), 941.29 (6), 946.43, 946.44 (2) (c), 946.44 (2) (d), 946.45 (2) (c), 946.45 (2) (d), 946.47 (2) (b), 948.50 (4) (a), 968.255 (7) (a), 971.11 (title), 971.11 (1), 971.11 (6) and 973.15 (4) (a); to repeal and recreate 302.095 (2); and to create 20.410 (1) (hq), 20.410 (1) (hv), 20.903 (2) (bs), 51.37 (11) (b), 101.123 (1) (dq), 101.123 (1) (ds), 101.123 (2) (a) 6m., 101.123 (4) (am) 2m., 157.02 (1) (b), 252.14 (1) (ad) 1. and 2., 252.14 (1) (e), 252.14 (1) (f), 252.15 (1) (ad) 1. and 2., 252.15 (1) (au), 301.01 (2) (e), 301.01 (2g) and (2m), 301.03 (8m), 301.371, 301.372, 301.373, 301.374, 301.376, 301.378, 301.379, 302.11 (11), 302.386 (5) (e), 782.45 (3), 782.47, 801.02 (7) (a) 4., 801.02 (7) (a) 5., 801.02 (7) (b) 2., 806.025 (3), 961.01 (12m) (g), 976.01 (4m), 976.05 (16) and 976.06 (2) of the statutes; relating to: construction and operation of private prisons, requiring the exercise of rule-making authority and making an appropriation.

Analysis by the Legislative Reference Bureau

Under current law, the department of corrections (DOC) may enter into contracts with private persons for the transfer and confinement in other states of prisoners who have been committed to DOC's custody. Current law, however, does not specifically address the authority of private persons in this state to confine individuals who have been convicted of crimes in other states. This bill establishes the conditions under which a private person may construct and operate a prison in this state for the confinement of inmates from other states.

Private prison construction

Under the bill, a private prison operator seeking to commence the construction of a prison must first obtain a private prison construction license from DOC. The issuance of the license is contingent upon the person paying application and license fees, complying with all applicable laws and complying with rules promulgated by DOC regarding the protection of prison employes and the public and the confinement, treatment and rehabilitation of inmates. As is the case with fees for operating licenses, DOC is to set the application and license fees for persons seeking or obtaining a private prison construction license at a level that reflects DOC's approximate costs in reviewing the applications, issuing the licenses and regulating private prisons.

Private prison operation

The bill establishes a number of requirements for a person seeking to operate a private prison. First, a private prison operator must obtain a private prison operating license, pay all application and license fees and comply with all applicable laws, DOC rules (including rules required to be issued under the bill relating to the use of force and transportation of inmates) and DOC orders. Second, the private prison operator is subject to certain financial requirements. The private prison operator must provide proof of insurance or self-insurance satisfactory to DOC and must indemnify all state and local governments and their officers and employes for costs that they incur in connection with the prison's operation. Third, the private prison operator must file plans with DOC regarding responding to emergencies, providing medical care to inmates outside of the prison and transporting inmates to and from the prison. Fourth, the bill requires the private prison operator to designate a medical director for the prison. Fifth, the bill requires certain terms in any contract providing for the confinement of prisoners by the private prison operator (see below, Contract requirements).

The bill also contains other restrictions relating to the operation of a private prison. Under the bill, a private prison operator may not assign a person responsibility for supervising or disciplining inmates unless the person has completed a training program approved or provided by DOC. Moreover, a private prison operator may not employ any person until the department of justice has completed a criminal history record search for the person, nor may the private prison operator employ any convicted felon. The bill also prohibits a private prison operator from confining inmates who would be classified as "maximum security" by DOC. In addition, with certain exceptions, the bill prohibits a private prison operator from allowing inmates to leave the prison grounds during the time of their confinement. Finally, the bill prohibits a private prison operator from subcontracting for the provision of goods or services on prison grounds without prior written approval from DOC.

Contract requirements

All contracts between a private prison operator and another state or a political subdivision of another state (the sending jurisdiction) for the confinement of inmates are subject to DOC approval. In addition, each such contract must be enforceable by DOC and must contain the following provisions:

1) Neither the sending jurisdiction nor the private prison operator may bring an inmate into this state without prior written notice to DOC. DOC also may direct the return of an inmate to the sending jurisdiction for any reason.

2) The courts of the sending jurisdiction shall retain concurrent jurisdiction over claims brought by inmates regarding the conditions of an inmate's confinement in the private prison.

3) The sending jurisdiction shall impose certain sanctions on an inmate who knowingly offers false evidence or provides false information to a court of this state.

4) Any provision of the contract that is inconsistent with Wisconsin law or an order issued by or decision of either DOC or the department of administration's division of hearings and appeals (the division) is void.

Enforcement/DOC assumption of control

The bill establishes a number of mechanisms by which DOC may respond to violations of laws, rules and orders relating to the construction and operation of private prisons, to violations of the terms of a private prison construction or operating license and to material misstatements in a license application. With the agreement of the person committing the violation or making the misstatement, DOC may enter an order providing an appropriate remedy for the violation or misstatement. Alternatively, DOC may file a petition with the division seeking appropriate relief. If the division determines that a violation occurred or that a person holding a license made a material misstatement in a license application, the person shall forfeit not less than $100 nor more than $100,000 per violation or misstatement. If a violation or material misstatement may jeopardize public safety or the health or safety of prison staff or inmates, the division shall order the licensee to remedy the violation or misstatement or deny, limit, suspend or revoke the person's license or both. DOC, the attorney general or the district attorney of the proper county may also bring a civil action to enjoin a person from committing any violation. DOC is entitled to reimbursement of attorney fees if it is the prevailing party in any enforcement action brought under the bill.

Under the bill, if a private prison's operating license is suspended, revoked or not renewed, DOC shall assume responsibility for its operation. If DOC assumes responsibility for the operation of the prison for any reason, the private prison operator is liable to DOC for all of the costs DOC incurs in operating the prison or in hiring another person to operate it.

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:

AB519, s. 1 Section 1. 16.385 (7) of the statutes is amended to read:

AB519,4,6 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), or to a person confined in a private prison, as defined in s. 301.01 (2g).

AB519, s. 2 Section 2. 19.32 (1e) of the statutes is amended to read:

AB519,5,4 19.32 (1e) "Penal facility" means a state prison under s. 302.01, private prison, as defined in s. 301.01 (2g), county jail, county house of correction or other state, county or municipal correctional or detention facility.

AB519, s. 3 Section 3. 19.35 (1) (am) 2. c. of the statutes is amended to read:

AB519,5,12 19.35 (1) (am) 2. c. Endanger the security of any state correctional institution, as defined in s. 301.01 (4), private prison, as defined in s. 301.01 (2g), 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.

AB519, s. 4 Section 4. 19.35 (3) (f) of the statutes is amended to read:

AB519,5,21 19.35 (3) (f) An authority may require prepayment by a requester of any fee or fees imposed under this subsection if the total amount exceeds $5. If the requester is a prisoner, as defined in s. 301.01 (2), or is a person confined in a federal correctional institution or private prison, as defined in s. 301.01 (2g), located in this state, and he or she has failed to pay any fee that was imposed by the authority for a request made previously by that requester, the authority may require prepayment both of the amount owed for the previous request and the amount owed for the current request.

AB519, s. 5 Section 5. 20.410 (1) (hq) of the statutes is created to read:

AB519,5,25 20.410 (1) (hq) Private prison regulation. All moneys received from private prisons under s. 301.373 (9) for the costs of regulating the construction and operation of private prisons.

AB519, s. 6 Section 6. 20.410 (1) (hv) of the statutes is created to read:

AB519,6,3 20.410 (1) (hv) Training private prison employes. All moneys received from private prison employes under s. 301.373 (3) (a) for the costs of their training.

AB519, s. 7 Section 7. 20.410 (1) (kc) of the statutes is amended to read:

AB519,6,9 20.410 (1) (kc) Correctional institution enterprises; inmate activities and employment. All moneys received from state correctional institution enterprises involving the activities of inmates, excluding moneys received from canteen operations, prison industries and correctional farms, to conduct state correctional institution enterprises and inmate employment projects.

AB519, s. 8 Section 8. 20.903 (2) (bs) of the statutes is created to read:

AB519,6,14 20.903 (2) (bs) Notwithstanding sub. (1), liabilities may be created and moneys expended from the appropriations under s. 20.410 (1) (hq) in an additional amount not to exceed the amount of money anticipated to be received during the remainder of the biennium.

AB519, s. 9 Section 9. 20.903 (2) (c) of the statutes is amended to read:

AB519,6,22 20.903 (2) (c) All expenditures authorized by this subsection are subject to the estimate approval procedure provided in s. 16.50 (2). Notwithstanding pars. (a), (b) and, (bn) and (bs), the maximum amounts that may be expended from a program revenue or program revenue-service appropriation which is limited to the amounts in the schedule are the amounts in the schedule, except as authorized by the department of administration under s. 16.515 or the joint committee on finance under s. 13.101.

AB519, s. 10 Section 10. 29.199 of the statutes is amended to read:

AB519,7,5 29.199 Authorizations for certain patients and institutionalized persons to fish. The department shall issue an authorization without charge to a county hospital, state or federal mental hospital, state correctional institution or 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 or institution who is supervised by an employe of the hospital or institution to fish for fish subject to all other provisions of law.

AB519, s. 11 Section 11. 38.04 (12) of the statutes is amended to read:

AB519,7,12 38.04 (12) Prison inmate educational program. The board may establish vocational educational programs for inmates within the state correctional system of correctional facilities and contract with the departments of corrections and health and family services and private prisons, as defined in s. 301.01 (2g), for reimbursement of that portion of the district program costs which exceeds amounts received as state and federal aid.

AB519, s. 12 Section 12. 38.14 (3) (a) of the statutes is amended to read:

AB519,7,17 38.14 (3) (a) The district board may enter into contracts to provide educational services to public and private educational institutions, federal and state agencies, local governmental bodies, private prisons, as defined in s. 301.01 (2g), industries and businesses.