AB519: Bill Text

AB519, s. 94 Section 94. 302.02 (5) (b) of the statutes is amended to read:

AB519,43,8 302.02 (5) (b) Except as provided in par. (a), service of process within any such state or private prison on any officer or employe or inmate thereof shall be made by the warden or superintendent or some person appointed by the warden or superintendent to serve process.

AB519, s. 95 Section 95. 302.055 of the statutes is amended to read:

AB519,43,14 302.055 Transfer of inmates to resource center. The department may transfer an inmate from a prison, jail or other criminal detention facility, other than a private prison, to the Wisconsin resource center if there is reason to believe that the inmate is in need of individualized care. The inmate is entitled to a transfer hearing by the department on the transfer to the Wisconsin resource center.

AB519, s. 96 Section 96. 302.07 of the statutes is amended to read:

AB519,43,22 302.07 Maintenance of order. The warden or superintendent shall maintain order, enforce obedience, suppress riots and prevent escapes. For such purposes the warden or superintendent of a state prison may command the aid of the officers of the institution and of persons outside of the prison; and any person who fails to obey such command shall be punished by imprisonment in the county jail not more than one year or by a fine not exceeding $500. The warden or superintendent of a state prison may adopt proper means to capture escaped inmates.

AB519, s. 97 Section 97. 302.09 of the statutes is amended to read:

AB519,44,2 302.09 Labor and communications. Inmates of a state prison shall be employed as provided in ch. 303. Communication shall not be allowed between inmates and any person outside the prison except as prescribed by the prison regulations.

AB519, s. 98 Section 98. 302.095 (2) of the statutes is amended to read:

AB519,44,14 302.095 (2) Any officer or other person who delivers or procures to be delivered or has in his or her possession with intent to deliver to any inmate confined in a jail or state prison, or who deposits or conceals in or about a jail or prison, or the precincts of a jail or prison, or in any vehicle going into the premises belonging to a jail or prison, any article or thing whatever, with intent that any inmate confined in the jail or prison shall obtain or receive the same, or who receives from any inmate any article or thing whatever with intent to convey the same out of a jail or prison, contrary to the rules or regulations and without the knowledge or permission of the sheriff or other keeper of the jail, in the case of a jail, or of the warden or superintendent of the prison, in the case of a prison, shall be imprisoned for not more than 2 years or fined not more than $500.

AB519, s. 99 Section 99. 302.095 (2) of the statutes, as affected by 1997 Wisconsin Act 283 and 1999 Wisconsin Act .... (this act), is repealed and recreated to read:

AB519,45,2 302.095 (2) Any officer or other person who delivers or procures to be delivered or has in his or her possession with intent to deliver to any inmate confined in a jail or prison, or who deposits or conceals in or about a jail or prison, or the precincts of a jail or prison, or in any vehicle going into the premises belonging to a jail or prison, any article or thing whatever, with intent that any inmate confined in the jail or prison shall obtain or receive the same, or who receives from any inmate any article or thing whatever with intent to convey the same out of a jail or prison, contrary to the rules or regulations and without the knowledge or permission of the sheriff or other keeper of the jail, in the case of a jail, or of the warden or superintendent of the prison, in the case of a prison, shall be imprisoned for not more than 3 years or fined not more than $500.

AB519, s. 100 Section 100. 302.11 (11) of the statutes is created to read:

AB519,45,4 302.11 (11) This section does not apply to an inmate of a private prison.

AB519, s. 101 Section 101. 302.12 (1) of the statutes is amended to read:

AB519,45,10 302.12 (1) The department may provide by rule for the payment of money to inmates of a state prison. The rate may vary for different prisoners in accordance with the pecuniary value of the work performed, willingness, and good behavior. The payment of money to inmates working in the prison industries shall be governed by s. 303.01 (4).

AB519, s. 102 Section 102. 302.13 of the statutes is amended to read:

AB519,45,17 302.13 Preservation of property an inmate brings to prison. The department shall preserve money and effects, except clothes, in the possession of an inmate when admitted to the a state prison and, subject to the crime victim and witness assistance surcharge under s. 973.045 (4) and the deoxyribonucleic acid analysis surcharge under s. 973.046, shall restore the money and effects to the inmate when discharged.

AB519, s. 103 Section 103. 302.14 of the statutes is amended to read:

AB519,46,2 302.14 Property of deceased inmates, parolees, probationers or persons on extended supervision, disposition. When an inmate of a state prison, a parolee of an institution a state prison, a person on extended supervision or a person on probation to the department dies leaving an estate of $150 or less in the trust of the warden, superintendent or secretary, the warden, superintendent or secretary shall try to determine whether or not the estate is to be probated. If probate proceedings are not commenced within 90 days, the warden, superintendent or secretary shall turn over the money or securities to the nearest of kin as evidenced by the records of the institution and the department.

AB519, s. 104 Section 104. 302.18 (1) of the statutes is amended to read:

AB519,46,5 302.18 (1) Inmates of a state prison may be transferred and retransferred to another prison by the department.

AB519, s. 105 Section 105. 302.27 of the statutes is amended to read:

AB519,46,16 302.27 Contracts for temporary housing for or detention of prisoners. The department may contract with local governments for temporary housing or detention in county jails or county houses of correction for persons sentenced to imprisonment in state prisons or to the intensive sanctions program. The department may contract with local governments for temporary housing or detention in county jails or county houses of correction for persons confined in a private prison, if the department assumes responsibility for the operation of the private prison under s. 301.378 (8). The rate under any such contract may not exceed $60 per person per day. Nothing in this section limits the authority of the department to place persons in jails under s. 301.048 (3) (a) 1.

AB519, s. 106 Section 106. 302.386 (5) (e) of the statutes is created to read:

AB519,46,18 302.386 (5) (e) An inmate of a private prison.

AB519, s. 107 Section 107. 303.063 (1) of the statutes is amended to read:

AB519,46,22 303.063 (1) The department may establish a secure work program for inmates of state prisons in which the inmates are assigned to work away from the grounds of the institution while appropriately restrained for security purposes.

AB519, s. 108 Section 108. 303.069 (title) of the statutes is amended to read:

AB519,46,25 303.069 (title) Correctional State correctional institution enterprises; activities of inmates.

AB519, s. 109 Section 109. 304.06 (1) (b) of the statutes is amended to read:

AB519,47,16 304.06 (1) (b) Except as provided in sub. (1m) or s. 302.045 (3), 961.49 (2), 973.01 (6) or 973.0135, the parole commission may parole an inmate of the Wisconsin state prisons or any felon or any person serving at least one year or more in a county house of correction or a county reforestation camp organized under s. 303.07, when he or she has served 25% of the sentence imposed for the offense, or 6 months, whichever is greater. Except as provided in s. 939.62 (2m) (c) or 973.014 (1) (b) or (c), (1g) or (2), the parole commission may parole an inmate of a state prison serving a life term when he or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject to extension under s. 302.11 (1q) and (2), if applicable. The person serving the life term shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary may grant special action parole releases under s. 304.02. The department or the parole commission shall not provide any convicted offender or other person sentenced to the department's custody any parole eligibility or evaluation until the person has been confined at least 60 days following sentencing.

AB519, s. 110 Section 110. 447.06 (2) (a) 4. of the statutes is amended to read:

AB519,47,21 447.06 (2) (a) 4. For a facility, as defined in s. 50.01 (1m), a hospital, as defined in s. 50.33 (2), a state or federal prison, county jail or other federal, state, county or municipal correctional or detention facility, or a facility established to provide care for terminally ill patients.

AB519, s. 111 Section 111. 782.01 (1) of the statutes is amended to read:

AB519,47,25 782.01 (1) Every person restrained of personal liberty may prosecute a writ of habeas corpus to obtain relief from such restraint subject to ss. 782.02, 782.46, 782.47 and 974.06.

AB519, s. 112 Section 112. 782.45 (title) of the statutes is amended to read:

AB519,48,3 782.45 (title) Witness fees, inmates of state institutions and private prisons.

AB519, s. 113 Section 113. 782.45 (3) of the statutes is created to read:

AB519,48,10 782.45 (3) If an inmate of a private prison, as defined in s. 301.01 (2g), is brought into court in response to a writ of habeas corpus or subpoena in a civil action, the party requesting the presence of the inmate shall reimburse the private prison for the time of any private prison employe conducting the inmate and the actual and necessary traveling expenses incurred in taking the inmate into court on the process and returning the inmate to the institution.

AB519, s. 114 Section 114. 782.47 of the statutes is created to read:

AB519,48,14 782.47 Inapplicability to inmates of private prisons. An inmate of a private prison, as defined in s. 301.01 (2g), may not apply for or obtain relief from his or her confinement in the private prison under this chapter.

AB519, s. 115 Section 115. 801.02 (7) (a) 1. of the statutes is amended to read:

AB519,48,20 801.02 (7) (a) 1. "Correctional institution" means any state or local facility that incarcerates or detains any adult accused of, charged with, convicted of, or sentenced for any crime, or any private prison. A correctional institution includes a Type 1 prison, as defined in s. 301.01 (5), a Type 2 prison, as defined in s. 301.01 (6), a county jail and a house of correction.

AB519, s. 116 Section 116. 801.02 (7) (a) 3. of the statutes is amended to read:

AB519,48,25 801.02 (7) (a) 3. "Prison or jail conditions" means any matter related to the conditions of confinement or to the effects of actions by government officers, employes or agents, or in the case of private prisons, employes or agents of the private prison, on the lives of prisoners.

AB519, s. 117 Section 117. 801.02 (7) (a) 4. of the statutes is created to read:

AB519,49,2 801.02 (7) (a) 4. "Private prison" has the meaning given in s. 301.01 (2g).

AB519, s. 118 Section 118. 801.02 (7) (a) 5. of the statutes is created to read:

AB519,49,4 801.02 (7) (a) 5. "Sending jurisdiction" has the meaning given in s. 301.371 (4).

AB519, s. 119 Section 119. 801.02 (7) (b) of the statutes is renumbered 801.02 (7) (b) 1. and amended to read:

AB519,49,15 801.02 (7) (b) 1. No prisoner who is an inmate of a state or local correctional institution may commence a civil action or special proceeding, including a petition for a common law writ of certiorari, with respect to the prison or jail conditions in the facility in which he or she is or has been incarcerated, imprisoned or detained until the person has exhausted all available administrative remedies that the department of corrections has promulgated by rule or, in the case of prisoners not in the custody of the department of corrections or a private prison, that the sheriff, superintendent or other keeper of a jail or house of correction has reduced to writing and provided reasonable notice of to the prisoners.

AB519, s. 120 Section 120. 801.02 (7) (b) 2. of the statutes is created to read:

AB519,49,22 801.02 (7) (b) 2. No prisoner who is an inmate of a private prison may commence a civil action or special proceeding, including a petition for a common law writ of certiorari, with respect to the prison or jail conditions in the facility in which he or she is or has been incarcerated, imprisoned or detained until the person has exhausted all administrative remedies available under the law of the sending jurisdiction.

AB519, s. 121 Section 121. 801.02 (7) (bm) (intro.) of the statutes is amended to read:

AB519,50,3 801.02 (7) (bm) (intro.) A prisoner who is an inmate of a state or local correctional institution commencing an action or special proceeding shall first comply with the provisions of s. 893.80 or 893.82 unless one of the following applies:

AB519, s. 122 Section 122. 806.025 (1) of the statutes is amended to read:

AB519,50,6 806.025 (1) In this section, "prisoner" has the meaning given in s. 801.02 (7) (a) 2. but does not include an inmate of a private prison, as defined in s. 301.01 (2g).

AB519, s. 123 Section 123. 806.025 (3) of the statutes is created to read:

AB519,50,11 806.025 (3) If a court enters a judgment for a monetary award on behalf of an inmate of a private prison, as defined in s. 301.01 (2g), the court shall inform the sending jurisdiction, as defined in s. 301.371 (4), of the judgment prior to any payments being made to the inmate.

AB519, s. 124 Section 124. 807.15 (1) of the statutes is amended to read:

AB519,50,14 807.15 (1) In this section, "prisoner" has the meaning given in s. 801.02 (7) (a) 2. 806.025 (1).

AB519, s. 125 Section 125. 813.40 (1) (b) 3. (intro.) of the statutes is amended to read:

AB519,50,23 813.40 (1) (b) 3. (intro.) Does not require or permit a government official, employe or agent to exceed his or her authority or to violate a state law or local ordinance and does not require or permit a government official, employe or agent of the sending jurisdiction, as defined in s. 301.371 (4), or a private prison, as defined in s. 301.01 (2g), or any of its employes to violate a state law or local ordinance or to violate any provision contained in a contract between the sending jurisdiction and the private prison that is required to be included in the contract under s. 301.374, unless all of the following apply:

AB519, s. 126 Section 126. 814.29 (1m) (c) 2. of the statutes is amended to read:

AB519,51,4 814.29 (1m) (c) 2. The prisoner authorizes in writing the agency or person having custody of the prisoner's prison trust fund or other such account to forward payments from the prisoner's account to the clerk of court each time the amount in the account exceeds $10 until the fees or costs are paid in full.

AB519, s. 127 Section 127. 814.29 (1m) (e) of the statutes is amended to read:

AB519,51,13 814.29 (1m) (e) The agency or person having custody of the prisoner shall freeze the prisoner's trust fund or other such account until the deposits in that account are sufficient to pay the balance owed for the costs and fees. When the deposits in that account are sufficient to pay the balance owed for the court costs and fees, the agency shall forward that amount to the court. This paragraph does not prohibit the payment from the prisoner's trust fund account of court-ordered payments for child or family support, restitution or federal court fees or for the payments of debts owed to the department of corrections.

AB519, s. 128 Section 128. 893.735 (1) of the statutes is amended to read:

AB519,51,16 893.735 (1) In this section, "prisoner" has the meaning given in s. 801.02 (7) (a) 2. 806.025 (1).

AB519, s. 129 Section 129. 898.01 of the statutes is amended to read:

AB519,51,22 898.01 Discharge of persons confined for tort. Every person confined in jail on an execution issued on a judgment recovered in an action founded on a tort shall be discharged therefrom upon the conditions hereinafter specified. This chapter does not apply to persons confined in a private prison, as defined in s. 301.01 (2g).

AB519, s. 130 Section 130. 940.20 (1) of the statutes is amended to read:

AB519,52,3 940.20 (1) Battery by prisoners. Any prisoner confined to a state prison or other, a state, county or municipal detention facility or a private prison, as defined in s. 301.01 (2g), who intentionally causes bodily harm to an officer, employe, visitor or another inmate of such prison, facility or institution, without his or her the consent of the person injured, is guilty of a Class D felony.

AB519, s. 131 Section 131. 940.29 of the statutes is amended to read:

AB519,52,9 940.29 Abuse of residents of penal facilities correctional institutions. Any person in charge of or employed in a penal or correctional institution or other place of confinement who abuses, neglects or ill-treats any person confined in or a resident of any such institution or place or who knowingly permits another person to do so is guilty of a Class E felony.

AB519, s. 132 Section 132. 941.237 (1) (b) of the statutes is amended to read:

AB519,52,14 941.237 (1) (b) "Correctional officer" means any person employed by the state or any political subdivision as a guard or officer whose principal duties are the supervision and discipline of inmates. "Correctional officer" includes an out-of-state correctional officer, as defined in s. 252.14 (1) (e).

AB519, s. 133 Section 133. 941.29 (6) of the statutes is amended to read:

AB519,52,21 941.29 (6) The prohibition against firearm possession under this section does not apply to any correctional officer employed by the state or by a county, city, town or village of this state before May 1, 1982, who is required to possess a firearm as a condition of employment. This exemption applies if the officer is eligible to possess a firearm under any federal law and applies while the officer is acting in an official capacity.

AB519, s. 134 Section 134. 946.43 of the statutes is amended to read:

AB519,53,2 946.43 Assaults by prisoners. Any prisoner confined to a state prison or other, a state, county or municipal detention facility or a private prison, as defined in s. 301.01 (2g), who intentionally does any of the following is guilty of a Class C felony:

AB519,53,5 (1) Places an officer, employe, visitor or another inmate of such prison, facility or institution in apprehension of an immediate battery likely to cause death or great bodily harm; or

AB519,53,7 (2) Confines or restrains an officer, employe, visitor or another inmate of such prison, facility or institution without the person's consent.

AB519, s. 135 Section 135. 946.44 (2) (c) of the statutes is amended to read:

AB519,53,12 946.44 (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. 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: