AB519: Bill Text

AB519, s. 40 Section 40. 51.61 (1) (c) of the statutes is amended to read:

AB519,19,21 51.61 (1) (c) Have an unrestricted right to send sealed mail and receive sealed mail to or from legal counsel, the courts, governmental officials, private physicians and licensed psychologists, and have reasonable access to letter writing materials including postage stamps. A patient shall also have a right to send sealed mail and receive sealed mail to or from other persons, subject to physical examination in the patient's presence if there is reason to believe that such communication contains contraband materials or objects which threaten the security of patients, prisoners, inmates of a private prison or staff. Such reasons shall be written in the individual's treatment record. The officers and staff of a facility may not read any mail covered by this paragraph.

AB519, s. 41 Section 41. 59.29 (1) (b) of the statutes is amended to read:

AB519,20,12 59.29 (1) (b) Whenever a person convicted of, or charged with, any felony, the punishment for which is not less than 5 years' imprisonment, shall escape, or escapes, whenever any such felony shall be is committed by any unknown person or persons or whenever a private prison inmate escapes, the sheriff of the county from which such escape was made or in which such felony was committed may, with the consent of the chairperson of the board of such county when such board is not in session, and with the consent of the board when it is in session, offer such reward for the apprehension and delivery of such escaped person, or the apprehension or conviction of the perpetrator of such felony as the sheriff considers necessary, not exceeding $1,000 in any one case; but no such reward or any part thereof shall be paid to any such sheriff, undersheriff or any deputy. The right to any such reward shall be determined finally by such sheriff; and if more than one person claims the reward the sheriff shall determine what portion, if any, the claimants are entitled to, and shall certify the determination to the treasurer, and such certificate shall be the treasurer's authority for paying the sum so certified.

AB519, s. 42 Section 42. 77.996 (2) (f) of the statutes is amended to read:

AB519,20,15 77.996 (2) (f) Facilities that are located at a state prison or other state or county penal institution.

AB519, s. 43 Section 43. 101.123 (1) (dq) of the statutes is created to read:

AB519,20,17 101.123 (1) (dq) "Private prison" has the meaning given in s. 301.01 (2g).

AB519, s. 44 Section 44. 101.123 (1) (ds) of the statutes is created to read:

AB519,20,20 101.123 (1) (ds) "Private prison operator" has the meaning given in s. 301.01 (2m).

AB519, s. 45 Section 45. 101.123 (2) (a) 6m. of the statutes is created to read:

AB519,20,22 101.123 (2) (a) 6m. Private prisons.

AB519, s. 46 Section 46. 101.123 (4) (am) 2m. of the statutes is created to read:

AB519,21,2 101.123 (4) (am) 2m. A private prison operator may designate areas where smoking is permitted in a private prison, unless a fire marshal, law or resolution prohibits smoking in the area. A private prison operator may designate an entire room as a smoking area in a private prison.

AB519, s. 47 Section 47. 101.123 (4) (bm) of the statutes is amended to read:

AB519,21,14 101.123 (4) (bm) The person in charge of a state institution, jail or lockup facility, or his or her agent, or a private prison operator, in the case of a private prison, shall post notice of the designation of a smoking area under par. (am) in or near the area designated. If an entire room is designated a smoking area, the person in charge or his or her agent or the private prison operator shall post notice of the designation conspicuously on or near all normally used entrances to the room. If an entire building in a prison, secured correctional facility, jail or lockup facility is designated a smoking area, the person in charge, or his or her agent, or the private prison operator shall post notice of the designation on or near all normally used entrances to the building, but need not post notice of the designation on or near entrances to rooms within the building.

AB519, s. 48 Section 48. 115.762 (4) of the statutes is amended to read:

AB519,21,20 115.762 (4) Limitation. Nothing in this subchapter requires that special education and related services be provided to a child with a disability who is at least 18 years old but not yet 22 years old and who, in the child's educational placement before his or her incarceration in a state prison, was not identified as a child with a disability or for whom an individualized education program was not developed.

AB519, s. 49 Section 49. 115.787 (6) (a) 1. of the statutes is amended to read:

AB519,21,25 115.787 (6) (a) 1. The requirements relating to participation of children with disabilities in general assessments under sub. (2) (e) do not apply to a child with a disability who is convicted of a crime under state law and incarcerated in a state prison or who is incarcerated in a private prison.

AB519, s. 50 Section 50. 115.787 (6) (a) 2. of the statutes is amended to read:

AB519,22,7 115.787 (6) (a) 2. The requirements relating to transition planning and transition services under sub. (2) (g) 1. and 2. do not apply with respect to a child with a disability who is convicted of a crime under state law and incarcerated in a state prison or who is incarcerated in a private prison and whose eligibility under this subchapter will end, because of his or her age, before he or she will be released from prison.

AB519, s. 51 Section 51. 115.787 (6) (b) of the statutes is amended to read:

AB519,22,15 115.787 (6) (b) If a child with a disability is convicted of a crime and incarcerated in a state prison or is incarcerated in a private prison, the child's individualized education program team may modify the child's individualized education program or placement notwithstanding the requirements of sub. (1) and s. 115.79 (1) if the department of corrections or the private prison operator, as defined in s. 301.01 (2m), has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated.

AB519, s. 52 Section 52. 157.02 (1) of the statutes is renumbered 157.02 (1) (a).

AB519, s. 53 Section 53. 157.02 (1) (b) of the statutes is created to read:

AB519,22,24 157.02 (1) (b) When an inmate of a private prison, as defined in s. 301.01 (2g), dies, the the private prison operator, as defined in s. 301.01 (2m), shall immediately notify a relative of the decedent and the sending jurisdiction, as defined in s. 301.371 (4). A public officer having the possession or the disposition of a corpse shall immediately notify a relative of the decedent and the sending jurisdiction. If no relative is known, or discoverable by use of ordinary diligence, notice to a relative may be dispensed with.

AB519, s. 54 Section 54. 165.84 (4) of the statutes is amended to read:

AB519,23,10 165.84 (4) All persons in charge of state penal and correctional institutions shall obtain fingerprints, according to the fingerprint system of identification established by the director of the F.B.I., and full face and profile photographs of all persons received on commitment to these institutions. The prints and photographs so taken shall be forwarded to the department, together with any other identifying data requested, within 10 days after the arrival at the institution of the person committed. Full length photographs in release dress shall be taken immediately prior to the release of these persons from these state penal and correctional institutions. Immediately after release, these photographs shall be forwarded to the department.

AB519, s. 55 Section 55. 165.84 (5) of the statutes is amended to read:

AB519,23,18 165.84 (5) All persons in charge of law enforcement and tribal law enforcement agencies, all clerks of court, all municipal judges where they have no clerks, all persons in charge of state and county penal and correctional institutions, and all persons in charge of state and county probation, extended supervision and parole offices, shall supply the department with the information described in s. 165.83 (2) (f) on the basis of the forms and instructions to be supplied by the department under s. 165.83 (2) (g).

AB519, s. 56 Section 56. 227.43 (1) (bg) of the statutes is amended to read:

AB519,23,25 227.43 (1) (bg) Assign a hearing examiner to preside over any hearing or review under ss. 84.30 (18), 84.31 (6) (a), 85.013 (1), 86.073 (3), 86.16 (5), 86.195 (9) (b), 86.32 (1), 114.134 (4) (b), 114.135 (9), 114.20 (19), 175.05 (4) (b), 194.145 (1), 194.46, 218.01 (2) (bd) 2. and (c) 2., (3) (b), (c), (f) 1., (fm) 1. and (h) and (3c) (d), 218.11 (7) (a) and (b), 218.22 (4) (a) and (b), 218.32 (4) (a) and (b), 218.41 (4), 218.51 (5) (a) and (b), 301.373 (10) (a), 301.378 (7), 341.09 (2m) (d), 342.26, 343.69 and 348.25 (9).

AB519, s. 57 Section 57. 252.02 (4) of the statutes is amended to read:

AB519,24,12 252.02 (4) The department may promulgate and enforce rules or issue orders for guarding against the introduction of any communicable disease into the state, for the control and suppression of communicable diseases, for the quarantine and disinfection of persons, localities and things infected or suspected of being infected by a communicable disease and for the sanitary care of jails, state prisons, mental health institutions, schools, hotels and public buildings and connected premises. Any rule or order may be made applicable to the whole or any specified part of the state, or to any vessel or other conveyance. The department may issue orders for any city, village or county by service upon the local health officer. Rules that are promulgated and orders that are issued under this subsection supersede conflicting or less stringent local regulations, orders or ordinances.

AB519, s. 58 Section 58. 252.02 (5) of the statutes is amended to read:

AB519,24,21 252.02 (5) If any public officer or employe or any person in charge of any building, vessel, conveyance, jail, state prison, mental health institution or school fails to comply with a rule promulgated or order issued under sub. (4), the department may appoint an agent to execute its rules or orders. Expenses that an agent incurs shall be paid by the unit of government that employs the person or of which the public officer is a member. If the building, vessel, conveyance, mental health institution or school is privately owned the state shall pay the expenses that the agent incurs.

AB519, s. 59 Section 59. 252.06 (6) (b) of the statutes is amended to read:

AB519,25,6 252.06 (6) (b) When a person confined in a jail, state prison, mental health institute or other public place of detention has a disease which the local health officer or the director of health at the institution deems dangerous to the health of other residents or the neighborhood, the local health officer or the director of health at the institution shall order in writing the removal of the person to a hospital or other place of safety, there to be provided for and securely kept. Upon recovery the person shall be returned; and if the person was committed by a court or under process the removal order or a copy shall be returned by the local health officer to the committing court officer.

AB519, s. 60 Section 60. 252.14 (1) (ad) of the statutes is renumbered 252.14 (1) (ad) (intro.) and amended to read:

AB519,25,10 252.14 (1) (ad) (intro.) "Correctional officer" has the meaning given in s. 301.28 (1) means any of the following:

AB519, s. 61 Section 61. 252.14 (1) (ad) 1. and 2. of the statutes are created to read:

AB519,25,12 252.14 (1) (ad) 1. A correctional officer, as defined in s. 301.28 (1).

AB519,25,13 2. An out-of-state correctional officer.

AB519, s. 62 Section 62. 252.14 (1) (e) of the statutes is created to read:

AB519,25,20 252.14 (1) (e) "Out-of-state correctional officer" means a person employed by the United States or one of its political subdivisions or a federally recognized American Indian tribe or band, other than a person employed by this state or a political subdivision of this state, as a guard or officer whose principal duties are supervision and discipline of persons in custody for the commission or alleged commission of a crime.

AB519, s. 63 Section 63. 252.14 (1) (f) of the statutes is created to read:

AB519,25,22 252.14 (1) (f) "Private prison" has the meaning given in s. 301.01 (2g).

AB519, s. 64 Section 64. 252.14 (2) (intro.) of the statutes is amended to read:

AB519,26,7 252.14 (2) (intro.) No health care provider, peace officer, fire fighter, correctional officer, private prison employe, state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper, home health agency, inpatient health care facility or person who has access to a validated test result may do any of the following with respect to an individual who has acquired immunodeficiency syndrome or has a positive test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV, solely because the individual has HIV infection or an illness or medical condition that is caused by, arises from or is related to HIV infection:

AB519, s. 65 Section 65. 252.14 (2) (am) of the statutes is amended to read:

AB519,26,12 252.14 (2) (am) If a peace officer, fire fighter, correctional officer, private prison employe, state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper, refuse to provide services to the individual.

AB519, s. 66 Section 66. 252.14 (2) (bm) of the statutes is amended to read:

AB519,26,17 252.14 (2) (bm) If a peace officer, fire fighter, correctional officer, private prison employe, state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper, provide services to the individual at a standard that is lower than that provided other individuals with like service needs.

AB519, s. 67 Section 67. 252.15 (1) (ab) of the statutes is amended to read:

AB519,26,25 252.15 (1) (ab) "Affected person" means an emergency medical technician, first responder, fire fighter, peace officer, correctional officer, person who is employed at a secured correctional facility, as defined in s. 938.02 (15m), or at a secured child caring institution, as defined in s. 938.02 (15g), private prison employe, state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper, health care provider, employe of a health care provider or staff member of a state crime laboratory.

AB519, s. 68 Section 68. 252.15 (1) (ad) of the statutes is renumbered 252.15 (1) (ad) (intro.) and amended to read:

AB519,27,4 252.15 (1) (ad) (intro.) "Correctional officer" has the meaning given in s. 301.28 (1) means any of the following:

AB519, s. 69 Section 69. 252.15 (1) (ad) 1. and 2. of the statutes are created to read:

AB519,27,6 252.15 (1) (ad) 1. A correctional officer, as defined in s. 301.28 (1).

AB519,27,7 2. An out-of-state correctional officer, as defined in s. 252.14 (1) (e).

AB519, s. 70 Section 70. 252.15 (1) (au) of the statutes is created to read:

AB519,27,9 252.15 (1) (au) "Private prison" has the meaning given in s. 301.01 (2g).

AB519, s. 71 Section 71. 252.15 (2) (a) 7. a. of the statutes is amended to read:

AB519,28,3 252.15 (2) (a) 7. a. If all of the conditions under subd. 7. ai. to c. are met, an emergency medical technician, first responder, fire fighter, peace officer, correctional officer, person who is employed at a secured correctional facility, as defined in s. 938.02 (15m), or at a secured child caring institution, as defined in s. 938.02 (15g), private prison employe, state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper who, during the course of providing care or services to an individual; or a peace officer, correctional officer, private prison employe, state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper who, while searching or arresting an individual or while controlling or transferring an individual in custody; or a health care provider or an employe of a health care provider who, during the course of providing care or treatment to an individual or handling or processing specimens of body fluids or tissues of an individual; or a staff member of a state crime laboratory who, during the course of handling or processing specimens of body fluids or tissues of an individual; is significantly exposed to the individual may subject the individual's blood to a test or a series of tests for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV and may receive disclosure of the results.

AB519, s. 72 Section 72. 301.01 (2) (e) of the statutes is created to read:

AB519,28,5 301.01 (2) (e) An inmate of a private prison.

AB519, s. 73 Section 73. 301.01 (2g) and (2m) of the statutes are created to read:

AB519,28,17 301.01 (2g) "Private prison" means a building, structure or facility that is used or is to be used for the confinement of one or more individuals who have been sentenced to a term of imprisonment for the commission of a crime and that is or will be operated in this state by a person other than the department, a law enforcement agency, as defined in s. 165.83 (1) (b), a county, a group of counties acting under s. 302.44, this state and a county or group of counties acting under s. 302.45, the United States or a federally recognized American Indian tribe or band in this state. "Private prison" does not include a building, structure or facility used or to be used solely to confine juveniles alleged or found to be delinquent or a building, structure or facility supervised, maintained and operated by a public, private or voluntary agency under contract with the department under s. 301.08 (1) (b) 2.

AB519,28,19 (2m) "Private prison operator" means a person licensed to operate a private prison under s. 301.378.

AB519, s. 74 Section 74. 301.03 (8m) of the statutes is created to read:

AB519,28,25 301.03 (8m) Supervise the design, construction and operation of private prisons under ss. 301.372 to 301.379. The department shall promulgate rules regarding the design, construction and operation of private prisons to ensure the protection of private prison employes and the public and to help facilitate the confinement, treatment and rehabilitation of inmates.

AB519, s. 75 Section 75. 301.03 (12) of the statutes is amended to read:

AB519,29,4 301.03 (12) Cooperate and coordinate its activities with other state and local agencies to provide educational, social, health and other services to offenders, other than inmates of a private prison, and except as provided in s. 302.386 (5).

AB519, s. 76 Section 76. 301.035 (2) of the statutes is amended to read:

AB519,29,8 301.035 (2) Assign hearing examiners from the division to preside over hearings under ss. 301.373 (10) (a), 301.378 (7), 302.11 (7), 938.357 (5), 973.10 and 975.10 (2) and ch. 304.

AB519, s. 77 Section 77. 301.035 (4) of the statutes is amended to read:

AB519,29,13 301.035 (4) Supervise employes in the conduct of the activities of the division and be the administrative reviewing authority for decisions of the division under ss. 301.373 (10) (a), 301.378 (7), 302.11 (7), 938.357 (5), 973.10, 973.155 (2) and 975.10 (2) and ch. 304.

AB519, s. 78 Section 78. 301.105 (intro.) of the statutes is amended to read:

AB519,29,18 301.105 Telephone company commissions. (intro.) The department shall collect moneys for commissions from telephone companies for contracts to provide telephone services to inmates prisoners. The department shall transmit those moneys to the state treasurer. The state treasurer shall do all of the following:

AB519, s. 79 Section 79. 301.287 of the statutes is amended to read:

AB519,29,22 301.287 Correctional officer overtime. The department shall maintain a central monitoring system to record the amount of overtime worked by correctional officers employed by the state.

AB519, s. 80 Section 80. 301.33 (2) of the statutes is amended to read:

AB519,29,25 301.33 (2) Every inmate prisoner shall receive, upon request, religious ministration and sacraments according to the inmate's prisoner's faith.

AB519, s. 81 Section 81. 301.33 (3) of the statutes is amended to read:

AB519,30,3 301.33 (3) Every inmate prisoner who requests it shall have the use of the Bible.

AB519, s. 82 Section 82. 301.36 (1) and (6) of the statutes are amended to read:

AB519,30,9 301.36 General supervision and inspection by department. (1) General authority. The department shall investigate and supervise all of the state correctional institutions, and all secure detention facilities and all private prisons and familiarize itself with all of the circumstances affecting their management and usefulness.

AB519,30,19 (6) Opportunity to inspect. All trustees, managers, directors, superintendents and other officers or employes of the institutions shall at all times afford to every member of the department and its agents, unrestrained facility for inspection of and free access to all parts of the buildings and grounds and to all books and papers of the institutions; and, in the case of private prisons, the books and papers of the private prison operator and shall give, either verbally or in writing, such information as the department requires. Any person who violates this subsection shall forfeit not less than $10 nor more than $100. A private prison operator may also be subject to enforcement proceedings and sanctions under s. 301.373 (10) for violations of this subsection.