AB519: Bill Text

AB519, s. 136 Section 136. 946.44 (2) (d) of the statutes is amended to read:

AB519,53,19 946.44 (2) (d) "Prisoner" includes a person who is under the supervision of the department of corrections under s. 938.34 (4h) or placed in a secured correctional facility or secured child caring institution under s. 938.34 (4m) or 938.357 (4) or (5) (e) or placed in a Type 2 child caring institution under s. 938.34 (4d) or, who is subject to an order under s. 48.366 or who is an inmate of a private prison, as defined in s. 301.01 (2g).

AB519, s. 137 Section 137. 946.45 (2) (c) of the statutes is amended to read:

AB519,53,24 946.45 (2) (c) "Institution" includes a private prison, as defined in s. 301.01 (2g), a secured correctional facility, as defined in s. 938.02 (15m), a secured child caring institution, as defined in s. 938.02 (15g), and a Type 2 child caring institution, as defined in s. 938.02 (19r).

AB519, s. 138 Section 138. 946.45 (2) (d) of the statutes is amended to read:

AB519,54,6 946.45 (2) (d) "Prisoner" includes a person who is under the supervision of the department of corrections under s. 938.34 (4h) or placed in a secured correctional facility or secured child caring institution under s. 938.34 (4m) or 938.357 (4) or (5) (e) or placed in a Type 2 child caring institution under s. 938.34 (4d) or, who is subject to an order under s. 48.366 or who is an inmate of a private prison, as defined in s. 301.01 (2g).

AB519, s. 139 Section 139. 946.47 (2) (b) of the statutes is amended to read:

AB519,54,11 946.47 (2) (b) A person who commits an act within the jurisdiction of another state which is punishable by imprisonment for one year or more in a state prison or penitentiary under the law of that state and would, if committed in this state, constitute a felony under the law of this state.

AB519, s. 140 Section 140. 948.50 (4) (a) of the statutes is amended to read:

AB519,54,14 948.50 (4) (a) Is serving a sentence, pursuant to a conviction, in a jail, state prison or house of correction.

AB519, s. 141 Section 141. 961.01 (12m) (g) of the statutes is created to read:

AB519,54,16 961.01 (12m) (g) A private prison, as defined in s. 301.01 (2g).

AB519, s. 142 Section 142. 968.255 (7) (a) of the statutes is amended to read:

AB519,54,19 968.255 (7) (a) Is serving a sentence, pursuant to a conviction, in a jail, state prison or house of correction.

AB519, s. 143 Section 143. 971.11 (title) of the statutes is amended to read:

AB519,54,21 971.11 (title) Prompt disposition of intrastate detainers.

AB519, s. 144 Section 144. 971.11 (1) of the statutes is amended to read:

AB519,55,7 971.11 (1) Whenever the warden or superintendent receives notice of an untried criminal case pending in this state against an inmate of a state prison, the warden or superintendent 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.

AB519, s. 145 Section 145. 971.11 (6) of the statutes is amended to read:

AB519,55,18 971.11 (6) The prisoner shall be delivered into the custody of the sheriff of the county in which the charge is pending for transportation to the court, and the prisoner shall be retained in that custody during all proceedings under this section. The sheriff shall return the prisoner to the prison upon the completion of the proceedings and during any adjournments or continuances and between the preliminary examination and the trial, except that if the department certifies a jail as being suitable to detain the prisoner, he or she may be detained there until the court disposes of the case. The Unless the prisoner is an inmate of a private prison, as defined in s. 301.01 (2g), the prisoner's existing sentence continues to run and he or she receives time credit under s. 302.11 while in custody.

AB519, s. 146 Section 146. 973.15 (4) (a) of the statutes is amended to read:

AB519,55,23 973.15 (4) (a) The court shall order the department to immediately inform the appropriate authorities in the jurisdiction where that imposed the prior sentence is to be served that the convicted offender is presently available to commence or resume serving that sentence; and

AB519, s. 147 Section 147. 976.01 (4m) of the statutes is created to read:

AB519,56,3 976.01 (4m) Jurisdiction over private prisoners. For the purposes of this section, the circuit court of the county in which a private prison, as defined in s. 301.01 (2g), is located has jurisdiction over an inmate confined there.

AB519, s. 148 Section 148. 976.05 (16) of the statutes is created to read:

AB519,56,7 976.05 (16) For the purposes of this section, an inmate of a private prison, as defined in s. 301.01 (2g), is incarcerated in and by the sending jurisdiction, as defined by s. 301.371 (4).

AB519, s. 149 Section 149. 976.06 of the statutes is renumbered 976.06 (1).

AB519, s. 150 Section 150. 976.06 (2) of the statutes is created to read:

AB519,56,11 976.06 (2) This section does not apply to inmates of a private prison, as defined in s. 301.01 (2g).

AB519, s. 151 Section 151 . Nonstatutory provisions.

AB519,56,13 (1) In this section, "department" means the department of corrections.

AB519,56,17 (2) The department shall submit in proposed form the rules required under section 301.03 (8m) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 6th month beginning after the effective date of this subsection.

AB519,57,10 (3) No later than the first day of the 6th month beginning after the effective date of this subsection, the department shall establish fees for private prison construction licenses and private prison operating licenses for the fiscal biennium during which this act takes effect. The department shall base the fee for a private prison construction license on its estimate of the direct and indirect costs it will incur in reviewing the application for and issuing such a license. The department shall base the fee for a private prison operating license on its estimate of the direct and indirect costs it will incur in reviewing the application for and issuing such a license and its supervision of the private prison. The department may set separate fees for an initial private prison operating license and for the renewal of a private prison operating license. The department may set variable fees for operating licenses based on the size of the prison and the costs that the department has incurred in licensing or supervising individual licensees. The department may set a separate application fee to be paid upon the application for a private prison construction license or a private prison operating license or both, to cover its anticipated costs of reviewing such applications. If the department imposes a separate application fee for either type of license, the department shall not consider the costs of reviewing applications in determining the relevant license fee.

AB519, s. 152 Section 152. Effective dates. This act takes effect on the day after publication, except as follows:

AB519,57,14 (1) The amendment of sections 51.37 (5) (b) (by Section 32 ), 301.372 and 301.373 (9) (a) of the statutes takes effect on July 1, 2001.

AB519,57,16 (2) The repeal and recreation of section 302.095 (2) of the statutes takes effect on December 31, 1999, or the day after publication, whichever is later.

AB519,57,17 (End)