301.132(3)
(3) The department shall promulgate rules establishing a lie detector test program for probationers and parolees who are sex offenders. The rules shall provide for assessment of fees upon probationers and parolees to partially offset the costs of the program.
301.132 History
History: 1995 a. 440.
301.135
301.135
Electronic monitoring. 301.135(1)
(1) The department may contract with counties to provide electronic monitoring services relating to criminal offenders. The department shall charge a fee to counties for providing these services.
301.135(2)
(2) The department may charge a fee to offenders under its supervision to cover the costs associated with electronic monitoring. The department may charge a fee under this subsection or the department or the attorney general may collect under
s. 301.325, but the state may not collect for the same expenses twice.
301.135(3)
(3) The department may charge a fee to offenders who are confined under
s. 301.046 or who are in the intensive sanctions program under
s. 301.048.
301.135(4)
(4) The department shall set the fees charged to offenders under
subs. (2) and
(3) by rule.
301.135 History
History: 1989 a. 31 ss.
958,
959; Stats. 1989 s. 301.135;
1991 a. 39;
1993 a. 98;
1995 a. 27.
301.14
301.14
State-local shared correctional facilities. In cooperation with any county or group of counties, the department may contract for the establishment and operation of state-local shared correctional facilities under
s. 302.45. Except as provided in
s. 302.45 (4), the secretary may allocate and reallocate existing and future facilities as state-local shared correctional facilities. The shared facilities shall be institutions under
s. 301.02 and shall be prisons under
s. 302.01. Inmates from Wisconsin state prisons may be transferred to these facilities and, except as to any separate rules established in the contract governing a shared facility, shall be subject to all laws pertaining to inmates of other penal institutions of this state. Officers and employes of the facilities shall be subject to the same laws as pertain to other penal institutions. Inmates may not be received on direct commitment from the courts.
301.14 History
History: 1983 a. 332;
1989 a. 31 s.
967; Stats. 1989 s. 301.14.
301.14 Note
NOTE: 1983 Wisconsin Act 332 s.
1, which created this section, contains a long prefatory note explaining the bill. See 1983 Session Laws.
301.15
301.15
Medium security prison. The department may construct a medium security prison to be known as the Fox Lake correctional institution on state-owned land known as prison farm 10 in Dodge county. Inmates from the Wisconsin state prisons may be transferred to this institution and they shall be subject to all laws pertaining to inmates of other penal institutions of this state. Officers and employes of the institutions shall be subject to the same laws as pertain to other penal institutions. Inmates shall not be received on direct commitment from the courts.
301.15 History
History: 1977 c. 418 s.
924 (18) (b);
1989 a. 31 s.
962; Stats. 1989 s. 301.15.
301.16
301.16
Construction or establishment of certain institutions. 301.16(1)(1) The department shall construct or establish an adult medium/maximum security institution or an adult medium security institution or both.
301.16(1m)
(1m) The medium security institution under
sub. (1) shall be the Oshkosh correctional institution and shall be located north of Oshkosh, north of Snell road and south of Sunnyview road at the site which, on July 31, 1981, is the site of the Winnebago correctional farm.
301.16(1n)
(1n) In addition to the institutions under
sub. (1), the department shall establish a maximum security correctional institution that constitutes the prison expansion project enumerated in
1995 Wisconsin Act 27, section 9108 (1) (b), and that is located at a site selected by the building commission.
301.16(1o)(a)(a) In addition to the institutions under
sub. (1), the department shall establish a correctional institution located at the St. Bonaventure site which is located between CTH "H" on the west and 90th street on the east in the village of Sturtevant in Racine county.
301.16(1o)(b)
(b) In the selection of classified service employes of the institution specified in
par. (a), the appointing authority shall, whenever possible, use the expanded certification program under rules of the administrator of the division of merit recruitment and selection in the department of employment relations to ensure that employes of the institution reflect the general population of either the county in which the institution is located or the most populous county contiguous to the county in which the institution is located, whichever population is greater. The administrator of the division of merit recruitment and selection in the department of employment relations shall provide guidelines for the administration of this selection procedure.
301.16(1p)
(1p) Inmates from the Wisconsin state prisons may be transferred to the institutions under this section and they shall be subject to all laws pertaining to inmates of other penal institutions of this state. Officers and employes of the institutions shall be subject to the same laws as pertain to other penal institutions. Inmates shall not be received on direct commitment from the courts.
301.16(2)
(2) Construction or establishment of the institutions shall be in compliance with all state laws except
s. 32.035 and
ch. 91.
301.16(3)
(3) In addition to the exemptions under
s. 13.48 (13), construction or establishment of the institutions shall not be subject to the ordinances or regulations relating to zoning, including zoning under
ch. 91, of the county and municipality in which the construction or establishment takes place.
301.16 Annotation
See note to Art. IV, sec. 18, citing Milwaukee Brewers v. DH&SS, 130 W (2d) 79, 387 NW (2d) 254 (1986).
301.17
301.17
Minimum security corrections institutions. The department may, with the approval of the joint committee on finance, increase staffing levels at minimum security institutions sufficiently to allow temporary placement of medium security inmates at existing minimum security institutions as may be necessary to relieve medium security overcrowding. The temporary placement under this section may constitute a partial use of the institution.
301.17 History
History: 1981 c. 20;
1989 a. 31 s.
973; Stats. 1989 s. 301.17.
301.18
301.18
Correctional and other institutions; expansion and establishment of facilities. 301.18(1)
(1) The department of corrections shall:
301.18(1)(a)
(a) Provide the facilities necessary for at least 25 additional beds at Camp Flambeau.
301.18(1)(b)
(b) Provide the facilities necessary for at least 45 additional beds for a corrections drug abuse treatment program on the grounds of the Winnebago mental health institute.
301.18(1)(bp)
(bp) Provide the facilities necessary for not more than 400 beds at the correctional institution under
s. 301.16 (1m).
301.18(1)(bx)
(bx) Provide the facilities necessary for the Racine correctional institution.
301.18(1)(bz)
(bz) Provide the facilities necessary for not more than 170 additional beds at the Kettle Moraine correctional institution for use associated with alcohol and other drug abuse treatment.
301.18(1)(d)
(d) Provide the facilities necessary for at least 40 additional beds at the Green Bay work release center.
301.18(1)(e)
(e) Provide the facilities necessary for at least 20 additional beds at Black river camp.
301.18(1)(f)
(f) Provide the facilities necessary for at least 20 additional beds at the Oregon camp.
301.18(1)(g)
(g) Provide the facilities necessary for housing to alleviate overcrowding.
301.18(1m)
(1m) The department of health and family services shall provide the facilities necessary to operate the Wisconsin resource center with 460 beds. The facilities may be used for persons transferred under
ch. 302.
301.18(2)
(2) In addition to the exemptions under
s. 13.48 (13), construction or establishment of facilities necessary to comply with
sub. (1) or
(1m) shall not be subject to the ordinances or regulations relating to zoning, including zoning under
ch. 91, of the county and municipality in which the construction or establishment takes place.
301.18(3)
(3) For compliance with this section, the department of corrections may expend moneys authorized under
chapter 29, laws of 1977, section 1606c (1) (b) relating to the correctional system which have not been expended or encumbered or moneys available under residual existing general fund supported borrowing, not to exceed $1,500,000.
301.18(4)
(4) Any purchase, lease or construction of additional correctional facilities is subject to prior approval by the building commission and the joint committee on finance.
301.18(5)
(5) This section constitutes enumeration in the authorized state building program for purposes of
s. 20.924.
301.18(6)
(6) The building commission is encouraged and authorized to utilize the most economical and expeditious construction alternatives available to effectuate completion of the construction projects.
301.20
301.20
Training school for delinquent boys. The department, with the approval of the governor, may purchase or accept a gift of land for a suitable site for an additional training school for delinquent boys and erect and equip such buildings as it deems necessary at such time as funds may be allocated for that purpose by the building commission. The training school or other additional facilities for delinquent boys financed by the authorized 1965-67 building program shall be located north of a line between La Crosse and Manitowoc. The department shall operate and maintain the institution for the treatment of delinquent boys who are placed under the supervision of the department under
s. 938.34 (4h) or
(4m). All laws pertaining to the care of children received under
s. 938.34 shall apply. Officers and employes of the institution are subject to the same laws as apply to other facilities described in
s. 938.52.
301.20 History
History: 1995 a. 27,
77.
301.205
301.205
Reimbursement to visiting families. The department may reimburse families visiting girls at a secured correctional facility, as defined in
s. 938.02 (15m). If the department decides to provide the reimbursement, it shall establish criteria for the level of reimbursement, which shall include family income and size and other relevant factors.
301.205 History
History: 1995 a. 27,
77.
301.21
301.21
Contracts with other states. 301.21(1)
(1) The department may enter into one or more contracts with another state or a political subdivision of another state for the transfer and confinement in that state of prisoners who have been committed to the custody of the department. Any such contract shall provide for all of the following:
301.21(1)(b)
(b) Provisions concerning the costs of prisoner maintenance, extraordinary medical and dental expenses and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment, including those costs not reasonably included as part of normal maintenance.
301.21(1)(c)
(c) Provisions concerning any participation in programs of inmate employment if any, the disposition or crediting of any payments received by inmates on account of employment, and the crediting of proceeds from or disposal of any products resulting from employment.
301.21(1)(e)
(e) Waiver of extradition by Wisconsin and the state to which the prisoners are transferred.
301.21(1)(f)
(f) Retention of jurisdiction of the prisoners transferred by Wisconsin.
301.21(1)(g)
(g) Regular reporting procedures concerning Wisconsin prisoners by officials of the state or political subdivision with which the department is contracting.
301.21(1)(h)
(h) Provisions concerning procedures for probation, parole and discharge.
301.21(1)(i)
(i) The same standards of reasonable and humane care as the prisoners would receive in an appropriate Wisconsin institution.
301.21(1)(j)
(j) Any other matters as are necessary and appropriate to fix the obligations, responsibilities and rights of Wisconsin and the state or political subdivision with which the department is contracting.
301.21(2)
(2) Inmates from Wisconsin state prisons while in an institution in another state are subject to all provisions of law and regulation concerning the confinement of persons committed for violations of the laws of that state, except as otherwise provided for by any contract entered into under
sub. (1).
301.21(3)
(3) Any hearing to consider parole to which an inmate confined under this contract may be entitled by the laws of Wisconsin will be conducted by the Wisconsin parole commission under rules of the department.
301.21(5)
(5) The provisions of this section are severable, as provided in
s. 990.001 (11). The provisions of any contract entered into under
sub. (1) are severable. If any provision of such a contract is invalid, or if the application of a provision of the contract to any person or circumstance is invalid, the invalidity does not affect other provisions or applications which can be given effect without the invalid provision or application.
301.21(6)
(6) Contracts under this section are subject to approval under
s. 302.26, except that for purposes of
s. 302.26 this section constitutes legislative approval of contracts between the department and the state of Minnesota.
301.21 History
History: 1981 c. 20;
1983 a. 27;
1989 a. 31 s.
965; Stats. 1989 s. 301.21;
1995 a. 344.
301.235
301.235
Structures, facilities and permanent improvements. 301.235(1)(1) In this section unless the context requires otherwise:
301.235(1)(a)
(a) "Existing building", in relation to any conveyance, lease or sublease made under
sub. (2) (a) 1.,
2. and
3., means all detention, treatment, administrative, recreational, infirmary, hospital, vocational and academic buildings; all dormitories and cottages; all storage facilities, heating plants, sewage disposal plants, and such other buildings, structures, facilities and permanent improvements as in the judgment of the secretary are needed or useful for the purposes of the department, and all equipment therefor and all improvements and additions thereto which were erected, constructed or installed prior to making the conveyance, lease or sublease.
301.235(1)(b)
(b) "New building", in relation to any conveyance, lease or sublease made under
sub. (2) (a) 1.,
2. and
3., means all detention, treatment, administrative, recreational, infirmary, hospital, vocational and academic buildings; all dormitories and cottages; all storage facilities, heating plants, sewage disposal plants, and such other buildings, structures, facilities and permanent improvements as in the judgment of the secretary are needed or useful for the purposes of the department, and all equipment therefor and all improvements and additions thereto which are erected, constructed or installed after making the conveyance, lease or sublease.
301.235(1)(c)
(c) "Nonprofit corporation" means a nonstock, nonprofit corporation organized under
ch. 181.
301.235(2)
(2) The department shall have and may exercise the following powers and duties:
301.235(2)(a)
(a) In order to provide new buildings and to enable the construction and financing thereof, to refinance indebtedness created by a nonprofit corporation for the purpose of providing a new building or buildings or additions or improvements thereto which are located on land owned by, or owned by the state and held for, the department or on lands of the institutions under the jurisdiction of the department or owned by the nonprofit corporation, or for any one or more of those purposes, but for no other purpose unless authorized by law, the department has the following powers and duties:
301.235(2)(a)1.
1. Without limitation by reason of any other statute, the power to sell and to convey title in fee simple to a nonprofit corporation any land and any existing buildings thereon owned by, or owned by the state and held for, the department or any of the institutions under the jurisdiction of the department for such consideration and upon such terms and conditions as in the judgment of the secretary are in the public interest.
301.235(2)(a)2.
2. The power to lease to a nonprofit corporation for a term or terms not exceeding 50 years each any land and any existing buildings thereon owned by, or owned by the state and held for, the department or any of the institutions under the jurisdiction of the department upon such terms and conditions as in the judgment of the secretary are in the public interest.
301.235(2)(a)3.
3. The power to lease or sublease from the nonprofit corporation, and to make available for public use, any such land and existing buildings conveyed or leased to the nonprofit corporation under
subds. 1. and
2., and any new buildings erected upon the land or upon any other land owned by such nonprofit corporation, upon such terms, conditions and rentals, subject to available appropriations, as the secretary determines are in the public interest. With respect to any property conveyed to the nonprofit corporation under
subd. 1., the lease from the nonprofit corporation may be subject or subordinated to one or more mortgages of the property granted by the nonprofit corporation.
301.235(2)(a)4.
4. The duty to submit the plans and specifications for all such new buildings and all conveyances, leases and subleases made under this section to the department of administration and the governor for written approval before they are finally adopted, executed and delivered.
301.235(2)(a)5.
5. The power to pledge and assign all or any part of the revenues derived from the operation of the new buildings as security for the payment of rentals due and to become due under any lease or sublease of the new buildings under
subd. 3.
301.235(2)(a)6.
6. The power to covenant and agree in any lease or sublease of the new buildings made under
subd. 3. to impose fees, rentals or other charges for the use and occupancy or other operation of the new buildings in an amount calculated to produce net revenues sufficient to pay the rentals due and to become due under the lease or sublease.
301.235(2)(a)7.
7. The power to apply all or any part of the revenues derived from the operation of existing buildings to the payment of rentals due and to become due under any lease or sublease made under
subd. 3.
301.235(2)(a)8.
8. The power to pledge and assign all or any part of the revenues derived from the operation of existing buildings to the payment of rentals due and to become due under any lease or sublease made under
subd. 3.
301.235(2)(a)9.
9. The power to covenant and agree in any lease or sublease made under
subd. 3. to impose fees, rentals or other charges for the use and occupancy or other operation of existing buildings in an amount calculated to produce net revenues sufficient to pay the rentals due and to become due under the lease or sublease.
301.235(2)(a)10.
10. The power and duty, upon receipt of notice of any assignment by any such nonprofit corporation of any lease or sublease made under
subd. 3., or of any of its rights under any such sublease, to recognize and give effect to the assignment, and to pay to the assignee thereof rentals or other payments then due or which may become due under any such lease or sublease which has been so assigned by the nonprofit corporation.
301.235(2)(b)
(b) The state is liable for accrued rentals and for any other default under any lease or sublease made under
par. (a) 3., and may be sued therefor on contract as in other contract actions under
ch. 775, except that it is not necessary for the lessor under any such lease or sublease or any assignee of the lessor or any person or other legal entity proceeding on behalf of the lessor to file any claim with the legislature prior to the commencement of any such action.
301.235(2)(c)
(c) Nothing in this section empowers the secretary or the department to incur any state debt.
301.235(2)(d)
(d) All conveyances, leases and subleases made under this section shall be made, executed and delivered in the name of the department and shall be signed by the secretary and sealed with the seal of the department.
301.235(2)(e)
(e) All laws, except
ch. 150, conflicting with this section are, insofar as they conflict with this section and no further, superseded by this section.
