AB519: Bill Text

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:

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)