SB277: Bill Text

SB277, s. 4 Section 4. 13.48 (19) of the statutes is amended to read:

SB277,8,9 13.48 (19) Whenever the building commission determines that the use of innovative types of design and construction processes will make better use of the resources and technology available in the building industry, the building commission may waive any or all of s. 16.855 if such action is in the best interest of the state and if the waiver is accomplished through formal action of the building commission. The Subject to the requirements of s. 20.924 (1) (i), the building commission may authorize the lease, lease purchase or acquisition of such facilities constructed in the manner authorized by the building commission. The Subject to the requirements of s. 20.924 (1) (i), the building commission may also authorize the lease, lease purchase or acquisition of existing facilities in lieu of state construction of any project enumerated in the authorized state building program.

SB277, s. 5 Section 5. 13.48 (27) of the statutes is repealed:

SB277, s. 6 Section 6. 20.410 (1) (ed) of the statutes is repealed.

SB277, s. 7 Section 7. 20.924 (1) (i) of the statutes is created to read:

SB277,8,19 20.924 (1) (i) May not lease or acquire or authorize the leasing or acquisition of any building, structure or facility or portion thereof for initial occupancy by the department of corrections for the purpose of confining persons serving a sentence of imprisonment to the Wisconsin state prisons under ch. 973 or for the purpose of confining juveniles alleged or found to be delinquent unless the construction of the building, structure or facility or its conversion into a correctional facility began before October 1, 1999.

SB277, s. 8 Section 8. 301.028 of the statutes is created to read:

SB277,8,23 301.028 Institutional placement criteria. When deciding the correctional institution in which to place a prisoner in its custody, the department shall consider all of the following criteria, in the order of priority stated:

SB277,8,24 (1) Public safety.

SB277,9,2 (2) The availability of, and the prisoner's preference for, placement in a correctional institution in this state.

SB277,9,4 (3) The availability of education, treatment and other rehabilitative programs that are appropriate for the prisoner.

SB277,9,6 (4) Any other factors that the department considers appropriate to consider in order to discharge its duties and further its mission and goals.

SB277, s. 9 Section 9. 301.08 (1m) of the statutes is created to read:

SB277,9,12 301.08 (1m) (a) In this subsection, "primary care" means basic health care services, including general assessment, treatment and management of common acute and chronic physical and mental health conditions, health promotion and disease prevention, routine prenatal and postpartum care and the referral to a specialist for physical and mental health services.

SB277,9,14 (b) Notwithstanding sub. (1), the department shall provide primary care to inmates of a Type 1 prison exclusively through employes of the department.

SB277, s. 10 Section 10. 301.18 (1g) of the statutes is created to read:

SB277,9,18 301.18 (1g) The department of administration may acquire or lease correctional facilities defined under 1999 Wisconsin Act .... (this act), section 35 (1) (b).

SB277, s. 11 Section 11. 301.235 (2) (dm) of the statutes is created to read:

SB277,9,22 301.235 (2) (dm) The department may not lease any building or any portion of a building under this section unless the construction of the building or its conversion into a correctional facility began before October 1, 1999.

SB277, s. 12 Section 12. 302.01 of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB277,10,22 302.01 State prisons named and defined listed. The penitentiary institution at Waupun is named "Waupun Correctional Institution". The correctional treatment center at Waupun is named "Dodge Correctional Institution". The penitentiary institution at Green Bay is named "Green Bay Correctional Institution". The medium/maximum penitentiary institution at Portage is named "Columbia Correctional Institution". The medium security institution at Oshkosh is named "Oshkosh Correctional Institution". The medium security penitentiary institution near Fox Lake is named "Fox Lake Correctional Institution". The penitentiary institution at Taycheedah is named "Taycheedah Correctional Institution". The medium security penitentiary institution at Plymouth is named "Kettle Moraine Correctional Institution". The penitentiary institution at the village of Sturtevant in Racine county is named "Racine Correctional Institution". The medium security penitentiary institution at Racine is named "Racine Youthful Offender Correctional Facility". The resource facility at Oshkosh is named "Wisconsin Resource Center". The institutions named in this section, the correctional institutions authorized under s. 301.16 (1n) and (1v), correctional institution authorized under 1997 Wisconsin Act 4, section 4 (1) (a), correctional institution authorized under s. 301.046 (1), correctional institution authorized under s. 301.048 (4) (b), minimum security correctional institutions authorized under s. 301.13, the probation and parole holding facilities authorized under s. 301.16 (1q), any correctional institution acquired or leased under s. 301.18 (1g) and state-local shared correctional facilities when established under s. 301.14, are state prisons.

SB277, s. 13 Section 13. 302.11 (1g) (am) of the statutes is amended to read:

SB277,11,2 302.11 (1g) (am) The mandatory release date established in sub. (1) is a presumptive mandatory release date for an inmate who is serving a sentence for a serious felony committed on or after April 21, 1994, but before December 31, 1999 July 1, 2000.

SB277, s. 14 Section 14. 302.11 (1p) of the statutes is amended to read:

SB277,11,7 302.11 (1p) An inmate serving a term subject to s. 961.49 (2) for a crime committed before December 31, 1999 July 1, 2000, is entitled to mandatory release, except the inmate may not be released before he or she has complied with s. 961.49 (2).

SB277, s. 15 Section 15. 302.11 (1z) of the statutes is amended to read:

SB277,11,11 302.11 (1z) An inmate who is sentenced to a term of confinement in prison under s. 973.01 for a felony that is committed on or after December 31, 1999 July 1, 2000, is not entitled to mandatory release on parole under this section.

SB277, s. 16 Section 16. 938.183 (3) of the statutes is amended to read:

SB277,11,20 938.183 (3) When a juvenile who is subject to a criminal penalty under sub. (1m) or (2) attains the age of 17 years, the department may place the juvenile in a state prison named in s. 302.01. If a juvenile who is subject to a criminal penalty under sub. (1m) or (2) is 15 years of age or over, the department may transfer the juvenile to the Racine youthful offender correctional facility named in s. 302.01 as provided in s. 938.357 (4) (d). A juvenile who is subject to a criminal penalty under sub. (1m) or (2) for an act committed before December 31, 1999 July 1, 2000, is eligible for parole under s. 304.06.

SB277, s. 17 Section 17. 973.01 (1) of the statutes is amended to read:

SB277,12,2 973.01 (1) Bifurcated sentence required. Except as provided in sub. (3), whenever a court sentences a person to imprisonment in the Wisconsin state prisons for a felony committed on or after December 31, 1999 July 1, 2000, the court shall impose a bifurcated sentence that consists of a term of confinement in prison followed by a term of extended supervision under s. 302.113.

SB277, s. 18 Section 18. 973.0135 (2) (intro.) of the statutes is amended to read:

SB277,12,8 973.0135 (2) (intro.) Except as provided in sub. (3), when a court sentences a prior offender to imprisonment in a state prison for a serious felony committed on or after April 21, 1994, but before December 31, 1999 July 1, 2000, the court shall make a parole eligibility determination regarding the person and choose one of the following options:

SB277, s. 19 Section 19. 973.014 (1) (intro.) of the statutes is amended to read:

SB277,12,13 973.014 (1) (intro.) Except as provided in sub. (2), when a court sentences a person to life imprisonment for a crime committed on or after July 1, 1988, but before December 31, 1999 July 1, 2000, the court shall make a parole eligibility determination regarding the person and choose one of the following options:

SB277, s. 20 Section 20. 973.014 (1) (c) of the statutes is amended to read:

SB277,12,17 973.014 (1) (c) The person is not eligible for parole. This paragraph applies only if the court sentences a person for a crime committed on or after August 31, 1995, but before December 31, 1999 July 1, 2000.

SB277, s. 21 Section 21. 973.014 (1g) (a) (intro.) of the statutes is amended to read:

SB277,12,22 973.014 (1g) (a) (intro.) Except as provided in sub. (2), when a court sentences a person to life imprisonment for a crime committed on or after December 31, 1999 July 1, 2000, the court shall make an extended supervision eligibility date determination regarding the person and choose one of the following options:

SB277, s. 22 Section 22. 973.032 (1) of the statutes is amended to read:

SB277,13,4 973.032 (1) Sentence. Beginning July 1, 1992, a court may sentence a person who is convicted of a felony occurring on or after August 15, 1991, but before December 31, 1999 July 1, 2000, to participate in the intensive sanctions program under s. 301.048. If a person is convicted of a felony occurring on or after December 31, 1999 July 1, 2000, a court may not sentence the person to participate in the intensive sanctions program under s. 301.048.

SB277, s. 23 Section 23. 973.15 (6) of the statutes is amended to read:

SB277,13,9 973.15 (6) Sections 302.11 and 304.06 are applicable to an inmate serving a sentence to the Wisconsin state prisons for a crime committed before December 31, 1999 July 1, 2000, but confined in a federal institution or an institution in another state.

SB277, s. 24 Section 24. 1997 Wisconsin Act 275, section 8m (1r) (a) is amended to read:

SB277,13,15 [1997 Wisconsin Act 275] Section 8m (1r) (a) If 1997 Assembly Bill 351 is enacted into law and it creates sections 302.113 and 973.01 of the statutes as shown by Senate Substitute Amendment 1 to 1997 Assembly Bill 351, then the repeal and recreation by this act of section 939.615 (3) (b) of the statutes and Section 9g (1p) of this act take effect on December 31, 1999 July 1, 2000.

SB277, s. 25 Section 25. 1997 Wisconsin Act 275, section 9g (1p) is amended to read:

SB277,13,18 [1997 Wisconsin Act 275] Section 9g (1p) The repeal and recreation of section 939.615 (3) (b) of the statutes takes effect on December 31, 1999 July 1, 2000.

SB277, s. 26 Section 26. 1997 Wisconsin Act 283, section 456 (1) is amended to read:

SB277,14,22 [1997 Wisconsin Act 283] Section 456 (1) Increase in felony penalties. The treatment of sections 11.61 (1) (a) and (b), 12.60 (1) (a), 13.05, 13.06, 13.69 (6m), 23.33 (13) (cg), 26.14 (8), 29.99 (1) (c), (1m) (c), (11m) (a) and (11p) (a), 30.80 (2g) (b), (c) and (d) and (3m), 36.25 (6) (d), 47.03 (3) (d), 49.127 (8) (a) 2., (b) 2. and (c), 49.141 (7) (a) and (b), (9) (a) and (b) and (10) (b), 49.49 (1) (b) 1., (2) (a) and (b), (3), (3m) (b) and (4) (b), 49.95 (1), 51.15 (12), 55.06 (11) (am), 66.4025 (1) (b) and (c), 69.24 (1) (intro.), 70.47 (18) (a), 71.83 (2) (b), 86.192 (4), 97.43 (4), 97.45 (2), 100.26 (2), (5) and (7), 101.143 (10) (b), 101.94 (8) (b), 102.835 (11) and (18), 102.85 (3), 108.225 (11) and (18), 114.20 (18) (c), 125.075 (2), 125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12) (b) and (c), 132.20 (2), 133.03 (1) and (2), 134.05 (4), 134.16, 134.20 (1) (intro.), 134.205 (4), 134.58, 139.44 (1), (1m), (2) and (8) (c), 139.95 (2) and (3), 146.345 (3), 146.35 (5), 146.60 (9) (am), 146.70 (10) (a), 154.15 (2), 154.29 (2), 166.20 (11) (b) 1. and 2., 167.10 (9) (g), 175.20 (3), 180.0129 (2), 181.0129 (2), 185.825, 200.09 (2), 214.93, 215.02 (6) (b), 215.12, 215.21 (21), 218.21 (7), 220.06 (2), 221.0625 (2) (intro.), 221.0636 (2), 221.0637 (2), 221.1004 (2), 253.06 (4) (b), 285.87 (2) (b), 291.97 (2) (b) (intro.) and (c), 299.53 (4) (c) 2., 302.095 (2), 341.605 (3), 342.06 (2), 342.065 (4) (b), 342.155 (4) (b), 342.156 (6) (b), 342.30 (3) (a), 342.32 (3), 344.48 (2), 346.17 (3) (a), (b), (c) and (d), 346.65 (5), 346.74 (5) (b), (c) and (d), 350.11 (2m), 446.07, 447.09, 450.11 (9) (b), 450.14 (5), 450.15 (2), 551.58 (1), 552.19 (1), 553.52 (1) and (2), 562.13 (3) and (4), 565.50 (2) and (3), 601.64 (4), 641.19 (4) (a) and (b), 765.30 (1) (intro.) and (2) (intro.), 768.07, 783.07, 939.50 (3) (b), (bc), (c), (d) and (e), 946.85 (1), 961.41 (1) (a), (b), (cm) 1., 2., 3., 4. and 5., (d) 1., 2., 3., 4., 5. and 6., (e) 1., 2., 3., 4., 5. and 6., (f) 1., 2. and 3., (g) 1., 2. and 3., (h) 1., 2. and 3., (i) and (j), (1m) (a), (b), (cm) 1., 2., 3., 4. and 5., (d) 1., 2., 3., 4., 5. and 6., (e) 1., 2., 3., 4., 5. and 6., (f) 1., 2. and 3., (g) 1., 2. and 3., (h) 1., 2. and 3., (i) and (j), (1n) (c), (2) (a), (b), (c) and (d), (3g) (a) 1. and 2. and (4) (am) 3., 961.42 (2), 961.43 (2), 961.455 (1), 968.31 (1) (intro.), 968.34 (3), 968.43 (3) and 977.06 (2) (b) of the statutes and Section 455 (1) of this act take effect on December 31, 1999 July 1, 2000.

SB277, s. 27 Section 27 . Nonstatutory provisions.

SB277,15,3 (1) Definition. In this Section, "private correctional facility" means, along with the land on which it is situated, a building, structure or facility meeting all of the following requirements:

SB277,15,6 (a) The construction of the building, structure or facility or its conversion into a facility to be used for the purpose listed in paragraph (c) began before October 1, 1999.

SB277,15,11 (b) The building, structure or facility has been or is being constructed for the confinement of one or more individuals who, as a result of a court order from any jurisdiction, are in custody for the commission or alleged commission of a crime and who would be classified as medium or maximum security under the department of corrections' security classification system.

SB277,15,16 (c) The building, structure or facility has not been and is not being constructed under a contract with the department of administration, a county, a group of counties acting under section 302.44 of the statutes, the department of corrections and any county or group of counties acting under section 302.45 of the statutes, the United States or a federally recognized American Indian tribe or band in this state.

SB277,15,21 (2) Lease of private correctional facilities. The department of administration shall attempt to negotiate with the owner of each private correctional facility located in this state to lease the facility. If the department reaches an agreement to lease the facility, the lease is subject to approval of the building commission and the joint committee on finance.

SB277,15,24 (3) Inapplicability to juvenile facilities. Subsection (1 ) does not apply to a building, structure or facility that has been or is being constructed solely to confine juveniles alleged or found to be delinquent.

SB277,15,25 (End)