AB519,45,106
302.12
(1) The department may provide by rule for the payment of money to
7inmates
of a state prison. The rate may vary for different prisoners in accordance
8with the pecuniary value of the work performed, willingness, and good behavior. The
9payment of money to inmates working in the prison industries shall be governed by
10s. 303.01 (4).
AB519, s. 102
11Section
102. 302.13 of the statutes is amended to read:
AB519,45,17
12302.13 Preservation of property an inmate brings to prison. The
13department shall preserve money and effects, except clothes, in the possession of an
14inmate when admitted to
the a state prison and, subject to the crime victim and
15witness assistance surcharge under s. 973.045 (4) and the deoxyribonucleic acid
16analysis surcharge under s. 973.046, shall restore the money and effects to the
17inmate when discharged.
AB519, s. 103
18Section
103. 302.14 of the statutes is amended to read:
AB519,46,2
19302.14 Property of deceased inmates, parolees, probationers or
20persons on extended supervision, disposition. When an inmate of a
state 21prison, a parolee of
an institution a state prison, a person on extended supervision
22or a person on probation to the department dies leaving an estate of $150 or less in
23the trust of the warden, superintendent or secretary, the warden, superintendent or
24secretary shall try to determine whether or not the estate is to be probated. If probate
25proceedings are not commenced within 90 days, the warden, superintendent or
1secretary shall turn over the money or securities to the nearest of kin as evidenced
2by the records of the institution and the department.
AB519, s. 104
3Section
104. 302.18 (1) of the statutes is amended to read:
AB519,46,54
302.18
(1) Inmates of a
state prison may be transferred and retransferred to
5another prison by the department.
AB519, s. 105
6Section
105. 302.27 of the statutes is amended to read:
AB519,46,16
7302.27 Contracts for temporary housing for or detention of prisoners. 8The department may contract with local governments for temporary housing or
9detention in county jails or county houses of correction for persons sentenced to
10imprisonment in state prisons or to the intensive sanctions program.
The
11department may contract with local governments for temporary housing or
12detention in county jails or county houses of correction for persons confined in a
13private prison, if the department assumes responsibility for the operation of the
14private prison under s. 301.378 (8). The rate under any such contract may not exceed
15$60 per person per day. Nothing in this section limits the authority of the department
16to place persons in jails under s. 301.048 (3) (a) 1.
AB519, s. 106
17Section
106. 302.386 (5) (e) of the statutes is created to read:
AB519,46,1818
302.386
(5) (e) An inmate of a private prison.
AB519, s. 107
19Section
107. 303.063 (1) of the statutes is amended to read:
AB519,46,2220
303.063
(1) The department may establish a secure work program for inmates
21of state prisons in which the inmates are assigned to work away from the grounds
22of the institution while appropriately restrained for security purposes.
AB519, s. 108
23Section
108. 303.069 (title) of the statutes is amended to read:
AB519,46,25
24303.069 (title)
Correctional
State correctional institution enterprises;
25activities of inmates.
AB519, s. 109
1Section
109. 304.06 (1) (b) of the statutes is amended to read:
AB519,47,162
304.06
(1) (b) Except as provided in sub. (1m) or s. 302.045 (3), 961.49 (2),
3973.01 (6) or 973.0135, the parole commission may parole an inmate of the Wisconsin
4state prisons or any felon or any person serving at least one year or more in a county
5house of correction or a county reforestation camp organized under s. 303.07, when
6he or she has served 25% of the sentence imposed for the offense, or 6 months,
7whichever is greater. Except as provided in s. 939.62 (2m) (c) or 973.014 (1) (b) or (c),
8(1g) or (2), the parole commission may parole an inmate
of a state prison serving a
9life term when he or she has served 20 years, as modified by the formula under s.
10302.11 (1) and subject to extension under s. 302.11 (1q) and (2), if applicable. The
11person serving the life term shall be given credit for time served prior to sentencing
12under s. 973.155, including good time under s. 973.155 (4). The secretary may grant
13special action parole releases under s. 304.02. The department or the parole
14commission shall not provide any convicted offender or other person sentenced to the
15department's custody any parole eligibility or evaluation until the person has been
16confined at least 60 days following sentencing.
AB519, s. 110
17Section
110. 447.06 (2) (a) 4. of the statutes is amended to read:
AB519,47,2118
447.06
(2) (a) 4. For a facility, as defined in s. 50.01 (1m), a hospital, as defined
19in s. 50.33 (2), a
state or federal prison,
county jail or other
federal, state, county or
20municipal correctional or detention facility, or a facility established to provide care
21for terminally ill patients.
AB519, s. 111
22Section
111. 782.01 (1) of the statutes is amended to read:
AB519,47,2523
782.01
(1) Every person restrained of personal liberty may prosecute a writ of
24habeas corpus to obtain relief from such restraint subject to ss. 782.02
, 782.46, 782.47
25and 974.06.
AB519, s. 112
1Section
112. 782.45 (title) of the statutes is amended to read:
AB519,48,3
2782.45 (title)
Witness fees, inmates of state institutions and private
3prisons.
AB519, s. 113
4Section
113. 782.45 (3) of the statutes is created to read:
AB519,48,105
782.45
(3) If an inmate of a private prison, as defined in s. 301.01 (2g), is
6brought into court in response to a writ of habeas corpus or subpoena in a civil action,
7the party requesting the presence of the inmate shall reimburse the private prison
8for the time of any private prison employe conducting the inmate and the actual and
9necessary traveling expenses incurred in taking the inmate into court on the process
10and returning the inmate to the institution.
AB519, s. 114
11Section
114. 782.47 of the statutes is created to read:
AB519,48,14
12782.47 Inapplicability to inmates of private prisons. An inmate of a
13private prison, as defined in s. 301.01 (2g), may not apply for or obtain relief from his
14or her confinement in the private prison under this chapter.
AB519, s. 115
15Section
115. 801.02 (7) (a) 1. of the statutes is amended to read:
AB519,48,2016
801.02
(7) (a) 1. "Correctional institution" means any state or local facility that
17incarcerates or detains any adult accused of, charged with, convicted of, or sentenced
18for any crime
, or any private prison. A correctional institution includes a Type 1
19prison, as defined in s. 301.01 (5), a Type 2 prison, as defined in s. 301.01 (6), a county
20jail and a house of correction.
AB519, s. 116
21Section
116. 801.02 (7) (a) 3. of the statutes is amended to read:
AB519,48,2522
801.02
(7) (a) 3. "Prison or jail conditions" means any matter related to the
23conditions of confinement or to the effects of actions by government officers,
24employes or agents
, or in the case of private prisons, employes or agents of the private
25prison, on the lives of prisoners.
AB519, s. 117
1Section
117. 801.02 (7) (a) 4. of the statutes is created to read:
AB519,49,22
801.02
(7) (a) 4. "Private prison" has the meaning given in s. 301.01 (2g).
AB519, s. 118
3Section
118. 801.02 (7) (a) 5. of the statutes is created to read:
AB519,49,44
801.02
(7) (a) 5. "Sending jurisdiction" has the meaning given in s. 301.371 (4).
AB519, s. 119
5Section
119. 801.02 (7) (b) of the statutes is renumbered 801.02 (7) (b) 1. and
6amended to read:
AB519,49,157
801.02
(7) (b) 1. No prisoner
who is an inmate of a state or local correctional
8institution may commence a civil action or special proceeding, including a petition
9for a common law writ of certiorari, with respect to the prison or jail conditions in the
10facility in which he or she is or has been incarcerated, imprisoned or detained until
11the person has exhausted all available administrative remedies that the department
12of corrections has promulgated by rule or, in the case of prisoners not in the custody
13of the department of corrections
or a private prison, that the sheriff, superintendent
14or other keeper of a jail or house of correction has reduced to writing and provided
15reasonable notice of to the prisoners.
AB519, s. 120
16Section
120. 801.02 (7) (b) 2. of the statutes is created to read:
AB519,49,2217
801.02
(7) (b) 2. No prisoner who is an inmate of a private prison may commence
18a civil action or special proceeding, including a petition for a common law writ of
19certiorari, with respect to the prison or jail conditions in the facility in which he or
20she is or has been incarcerated, imprisoned or detained until the person has
21exhausted all administrative remedies available under the law of the sending
22jurisdiction.
AB519, s. 121
23Section
121. 801.02 (7) (bm) (intro.) of the statutes is amended to read:
AB519,50,3
1801.02
(7) (bm) (intro.) A prisoner
who is an inmate of a state or local
2correctional institution commencing an action or special proceeding shall first
3comply with the provisions of s. 893.80 or 893.82 unless one of the following applies:
AB519, s. 122
4Section
122. 806.025 (1) of the statutes is amended to read:
AB519,50,65
806.025
(1) In this section, "prisoner" has the meaning given in s. 801.02 (7)
6(a) 2.
but does not include an inmate of a private prison, as defined in s. 301.01 (2g).
AB519, s. 123
7Section
123. 806.025 (3) of the statutes is created to read:
AB519,50,118
806.025
(3) If a court enters a judgment for a monetary award on behalf of an
9inmate of a private prison, as defined in s. 301.01 (2g), the court shall inform the
10sending jurisdiction, as defined in s. 301.371 (4), of the judgment prior to any
11payments being made to the inmate.
AB519, s. 124
12Section
124. 807.15 (1) of the statutes is amended to read:
AB519,50,1413
807.15
(1) In this section, "prisoner" has the meaning given in s.
801.02 (7) (a)
142. 806.025 (1).
AB519, s. 125
15Section
125. 813.40 (1) (b) 3. (intro.) of the statutes is amended to read:
AB519,50,2316
813.40
(1) (b) 3. (intro.) Does not require or permit a government official,
17employe or agent to exceed his or her authority or to violate a state law or local
18ordinance
and does not require or permit a government official, employe or agent of
19the sending jurisdiction, as defined in s. 301.371 (4), or a private prison, as defined
20in s. 301.01 (2g), or any of its employes to violate a state law or local ordinance or to
21violate any provision contained in a contract between the sending jurisdiction and
22the private prison that is required to be included in the contract under s. 301.374, 23unless all of the following apply:
AB519, s. 126
24Section
126. 814.29 (1m) (c) 2. of the statutes is amended to read:
AB519,51,4
1814.29
(1m) (c) 2. The prisoner authorizes in writing the agency
or person 2having custody of the prisoner's prison trust fund
or other such account to forward
3payments from the prisoner's account to the clerk of court each time the amount in
4the account exceeds $10 until the fees or costs are paid in full.
AB519, s. 127
5Section
127. 814.29 (1m) (e) of the statutes is amended to read:
AB519,51,136
814.29
(1m) (e) The agency
or person having custody of the prisoner shall
7freeze the prisoner's trust fund
or other such account until the deposits in that
8account are sufficient to pay the balance owed for the costs and fees. When the
9deposits in that account are sufficient to pay the balance owed for the court costs and
10fees, the agency shall forward that amount to the court. This paragraph does not
11prohibit the payment from the prisoner's trust fund account of court-ordered
12payments for child or family support, restitution or federal court fees or for the
13payments of debts owed to the department of corrections.
AB519, s. 128
14Section
128. 893.735 (1) of the statutes is amended to read:
AB519,51,1615
893.735
(1) In this section, "prisoner" has the meaning given in s.
801.02 (7)
16(a) 2. 806.025 (1).
AB519, s. 129
17Section
129. 898.01 of the statutes is amended to read:
AB519,51,22
18898.01 Discharge of persons confined for tort. Every person confined in
19jail on an execution issued on a judgment recovered in an action founded on a tort
20shall be discharged therefrom upon the conditions hereinafter specified.
This
21chapter does not apply to persons confined in a private prison, as defined in s. 301.01
22(2g).
AB519, s. 130
23Section
130. 940.20 (1) of the statutes is amended to read:
AB519,52,324
940.20
(1) Battery by prisoners. Any prisoner confined to a state prison
or
25other, a state, county or municipal detention facility
or a private prison, as defined
1in s. 301.01 (2g), who intentionally causes bodily harm to an officer, employe, visitor
2or another inmate of such prison
, facility or institution, without
his or her the consent
3of the person injured, is guilty of a Class D felony.
AB519, s. 131
4Section
131. 940.29 of the statutes is amended to read:
AB519,52,9
5940.29 Abuse of residents of penal facilities correctional institutions. 6Any person in charge of or employed in a
penal or correctional institution or other
7place of confinement who abuses, neglects or ill-treats any person confined in or a
8resident of any such institution or place or who knowingly permits another person
9to do so is guilty of a Class E felony.
AB519, s. 132
10Section
132. 941.237 (1) (b) of the statutes is amended to read:
AB519,52,1411
941.237
(1) (b) "Correctional officer" means any person employed by the state
12or any political subdivision as a guard or officer whose principal duties are the
13supervision and discipline of inmates.
"Correctional officer" includes an
14out-of-state correctional officer, as defined in s. 252.14 (1) (e).
AB519, s. 133
15Section
133. 941.29 (6) of the statutes is amended to read:
AB519,52,2116
941.29
(6) The prohibition against firearm possession under this section does
17not apply to any correctional officer employed
by the state or by a county, city, town
18or village of this state before May 1, 1982, who is required to possess a firearm as a
19condition of employment. This exemption applies if the officer is eligible to possess
20a firearm under any federal law and applies while the officer is acting in an official
21capacity.
AB519, s. 134
22Section
134. 946.43 of the statutes is amended to read:
AB519,53,2
23946.43 Assaults by prisoners. Any prisoner confined to a state prison
or
24other, a state, county or municipal detention facility
or a private prison, as defined
1in s. 301.01 (2g), who intentionally does any of the following is guilty of a Class C
2felony:
AB519,53,5
3(1) Places an officer, employe, visitor or another inmate of such prison
, facility 4or institution in apprehension of an immediate battery likely to cause death or great
5bodily harm; or
AB519,53,7
6(2) Confines or restrains an officer, employe, visitor or another inmate of such
7prison
, facility or institution without the person's consent.
AB519, s. 135
8Section
135. 946.44 (2) (c) of the statutes is amended to read:
AB519,53,129
946.44
(2) (c) "Institution" includes
a private prison, as defined in s. 301.01 (2g), 10a secured correctional facility, as defined in s. 938.02 (15m), a secured child caring
11institution, as defined in s. 938.02 (15g), and a Type 2 child caring institution, as
12defined in s. 938.02 (19r).
AB519, s. 136
13Section
136. 946.44 (2) (d) of the statutes is amended to read:
AB519,53,1914
946.44
(2) (d) "Prisoner" includes a person who is under the supervision of the
15department of corrections under s. 938.34 (4h) or placed in a secured correctional
16facility or secured child caring institution under s. 938.34 (4m) or 938.357 (4) or (5)
17(e) or placed in a Type 2 child caring institution under s. 938.34 (4d)
or, who is subject
18to an order under s. 48.366
or who is an inmate of a private prison, as defined in s.
19301.01 (2g).
AB519, s. 137
20Section
137. 946.45 (2) (c) of the statutes is amended to read:
AB519,53,2421
946.45
(2) (c) "Institution" includes
a private prison, as defined in s. 301.01 (2g), 22a secured correctional facility, as defined in s. 938.02 (15m), a secured child caring
23institution, as defined in s. 938.02 (15g), and a Type 2 child caring institution, as
24defined in s. 938.02 (19r).
AB519, s. 138
25Section
138. 946.45 (2) (d) of the statutes is amended to read:
AB519,54,6
1946.45
(2) (d) "Prisoner" includes a person who is under the supervision of the
2department of corrections under s. 938.34 (4h) or placed in a secured correctional
3facility or secured child caring institution under s. 938.34 (4m) or 938.357 (4) or (5)
4(e) or placed in a Type 2 child caring institution under s. 938.34 (4d)
or, who is subject
5to an order under s. 48.366
or who is an inmate of a private prison, as defined in s.
6301.01 (2g).
AB519, s. 139
7Section
139. 946.47 (2) (b) of the statutes is amended to read:
AB519,54,118
946.47
(2) (b) A person who commits an act within the jurisdiction of another
9state which is punishable by imprisonment for one year or more in
a state prison
or
10penitentiary under the law of that state and would, if committed in this state,
11constitute a felony under the law of this state.
AB519, s. 140
12Section
140. 948.50 (4) (a) of the statutes is amended to read:
AB519,54,1413
948.50
(4) (a) Is serving a sentence, pursuant to a conviction, in a jail,
state 14prison or house of correction.
AB519, s. 141
15Section
141. 961.01 (12m) (g) of the statutes is created to read:
AB519,54,1616
961.01
(12m) (g) A private prison, as defined in s. 301.01 (2g).
AB519, s. 142
17Section
142. 968.255 (7) (a) of the statutes is amended to read:
AB519,54,1918
968.255
(7) (a) Is serving a sentence, pursuant to a conviction, in a jail,
state 19prison or house of correction.
AB519, s. 143
20Section
143. 971.11 (title) of the statutes is amended to read:
AB519,54,21
21971.11 (title)
Prompt disposition of intrastate detainers.
AB519, s. 144
22Section
144. 971.11 (1) of the statutes is amended to read:
AB519,55,723
971.11
(1) Whenever the warden or superintendent receives notice of an
24untried criminal case pending in this state against an inmate of a
state prison, the
25warden or superintendent shall, at the request of the inmate, send by certified mail
1a written request to the district attorney for prompt disposition of the case. The
2request shall state the sentence then being served, the date of parole eligibility, if
3applicable, or the date of release to extended supervision, the approximate discharge
4or conditional release date, and prior decision relating to parole. If there has been
5no preliminary examination on the pending case, the request shall state whether the
6inmate waives such examination, and, if so, shall be accompanied by a written
7waiver signed by the inmate.