AB150-engrossed,2134,19 302.425 (2m) Intensive sanctions program participants. Notwithstanding the agreement requirements under sub. (3), the department of corrections may place any intensive sanctions program participant in a home detention program.

AB150-engrossed, s. 6378 Section 6378. 302.425 (3) of the statutes is amended to read:

AB150-engrossed,2135,5 302.425 (3) (title) Placement of a prisoner in the program. If a prisoner described under sub. (2) and the department of corrections agree, the sheriff may place the prisoner in the home detention program and provide that the prisoner be detained at the prisoner's place of residence or other place designated by the sheriff and be monitored by an active electronic monitoring system. The sheriff shall establish reasonable terms of detention and ensure that the prisoner is provided a written statement of those terms, including a description of the detention monitoring procedures and requirements and of any applicable liability issues. The terms may include a requirement that the prisoner pay the county a daily fee to cover the county costs associated with monitoring him or her.

AB150-engrossed, s. 6379 Section 6379. 302.425 (3m) of the statutes is created to read:

AB150-engrossed,2135,18 302.425 (3m) Placement of a child in the program. Upon the agreement of the department of corrections, the county department or the department of health and social services may place the child in the home detention program and provide that the child be detained at the child's place of residence or other place designated by the county department or the department of health and social services and be monitored by an active electronic monitoring system. The county department or the department of health and social services shall provide reasonable terms of detention and ensure that the child receives a written statement of those terms, including a description of the detention monitoring procedures and requirements and of any applicable liability issues. The terms may include a requirement that the child or his or her parent or guardian pay the county or state a daily fee to cover the costs associated with monitoring him or her.

AB150-engrossed, s. 6380 Section 6380. 302.425 (4) of the statutes is amended to read:

AB150-engrossed,2136,3 302.425 (4) Departmental duties. The department of corrections shall ensure that electronic monitoring equipment units are available, pursuant to contractual agreements with county sheriffs, county departments and the department of health and social services, throughout the state on an equitable basis. If a prisoner is chosen under sub. (3) or a child is chosen under sub. (3m) to participate in the home detention program, the department of corrections shall install and monitor electronic monitoring equipment. The department of corrections shall charge the county a daily per prisoner fee or per child fee, whichever is applicable, to cover the department's costs for these services.

AB150-engrossed, s. 6381 Section 6381. 302.425 (6) of the statutes is amended to read:

AB150-engrossed,2136,8 302.425 (6) Escape. Any intentional failure of a prisoner to remain within the limits of his or her detention or to return to his or her place of detention, as specified in the terms of detention under sub. (3), is considered an escape under s. 946.42 (3) (a).

AB150-engrossed, s. 6382 Section 6382. 303.01 (1) (b) of the statutes is amended to read:

AB150-engrossed,2136,20 303.01 (1) (b) The department, with the approval of the prison industries board and after a hearing is held under par. (c), may establish industries for the employment of inmates in the state prisons or residents in any correctional institution operated by the department for holding in secure custody persons adjudged delinquent. Except as provided in par. (d), prison industries may engage in manufacturing articles for and providing services to the state and its political subdivisions and any tax-supported institution or nonprofit agency and for sale of such articles and services to other states or political divisions thereof or to the United States. The department shall fix the price of all products and services as near the market price as possible. Supplies, materials and equipment may be reconditioned by prison industries for sale under s. 16.72.

AB150-engrossed, s. 6383 Section 6383. 303.01 (2) (e) of the statutes is amended to read:

AB150-engrossed,2136,25 303.01 (2) (e) Maintain auto shops in connection with auto schools and may receive from licensed automobile dealers and regularly established automobile repair shops vehicles to be repaired, painted or otherwise processed by inmates or residents of the school;

AB150-engrossed, s. 6384 Section 6384. 303.01 (2) (em) of the statutes is created to read:

AB150-engrossed,2137,17 303.01 (2) (em) Lease space, with or without equipment, within the precincts of state prisons, as specified in s. 302.02, to not more than 3 private businesses to employ prison inmates to manufacture products or components or to provide services for sale on the open market. The department shall comply with s. 16.75 in selecting businesses under this paragraph. The department may select a business or enter into a lease under this paragraph only with the approval of the joint committee on finance. The department shall consult with appropriate trade organizations and labor unions prior to issuing requests for proposals and prior to selecting proposals under this paragraph. Each such private business may conduct its operations as a private business, subject to the wage standards under sub. (4), the disposition of earnings under sub. (8), the requirements for notification and hearing under sub. (1) (c), the requirement for prison industries board approval under s. 303.015 (1) (b) and the authority of the department to maintain security and control in its institutions. The private business and its operations are not a prison industry. Inmates employed by the private business are not subject to the requirements of inmates participating in prison industries, except as provided in this paragraph;

AB150-engrossed, s. 6385 Section 6385. 303.01 (2) (em) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

AB150-engrossed,2138,12 303.01 (2) (em) Lease space, with or without equipment, within the precincts of state prisons, as specified in s. 302.02, or within the confines of correctional institutions operated by the department for holding in secure custody persons adjudged delinquent, to not more than 3 private businesses to employ prison inmates and institution residents to manufacture products or components or to provide services for sale on the open market. The department shall comply with s. 16.75 in selecting businesses under this paragraph. The department may select a business or enter into a lease under this paragraph only with the approval of the joint committee on finance. The department shall consult with appropriate trade organizations and labor unions prior to issuing requests for proposals and prior to selecting proposals under this paragraph. Each such private business may conduct its operations as a private business, subject to the wage standards under sub. (4), the disposition of earnings under sub. (8), the requirements for notification and hearing under sub. (1) (c), the requirement for prison industries board approval under s. 303.015 (1) (b) and the authority of the department to maintain security and control in its institutions. The private business and its operations are not a prison industry. Inmates employed by the private business are not subject to the requirements of inmates participating in prison industries, except as provided in this paragraph;

AB150-engrossed, s. 6386 Section 6386. 303.01 (2) (f) of the statutes is amended to read:

AB150-engrossed,2138,15 303.01 (2) (f) Lease or purchase land within the state for the employment of prisoners or residents; and

AB150-engrossed, s. 6387 Section 6387. 303.01 (2) (g) of the statutes is amended to read:

AB150-engrossed,2138,19 303.01 (2) (g) Construct barracks for the safekeeping of prisoners or residents employed in the prison industries outside the prison or institution proper on the prison or institution premises.

AB150-engrossed, s. 6388 Section 6388. 303.01 (4) of the statutes is amended to read:

AB150-engrossed,2139,2 303.01 (4) Wage standards. All inmates and residents shall be paid a wage which that is based on the productivity of the work the inmates and residents perform. Wages may be established at an hourly rate plus an incentive wage based on productivity and piecework formulas may be created. However, wages shall not be set at a rate such as to cause a deficit on operations. Changes in inmate and resident wage rate schedules may not be made without approval of the prison industries board.

AB150-engrossed, s. 6389 Section 6389. 303.01 (6) of the statutes is amended to read:

AB150-engrossed,2139,12 303.01 (6) Goal. To the extent possible, prison industries shall be operated in a manner that is similar to private business and industry. The primary goal of prison industries shall be to operate in a profitable manner. Within this goal, inmates or residents employed in prison industries shall be provided with training and work experience that allows them to develop skills necessary to retain employment in outside business and industry. Consistent with available resources, inmates or residents employed in prison industries may be required to take education courses related to their work to enhance their capacity for employment upon release from prison or an institution specified under sub. (1) (b).

AB150-engrossed, s. 6390 Section 6390. 303.01 (8) of the statutes is amended to read:

AB150-engrossed,2139,24 303.01 (8) Disposition of earnings. The department has the authority to determine how much, if any, of the earnings of an inmate or resident may be spent and for what purposes they may be spent within the confines of the prison or institution. The department shall distribute earnings for the crime victim and witness assistance surcharge under s. 973.045 (4), for the deoxyribonucleic acid analysis surcharge under s. 973.046 (4) and for compliance with s. 303.06 (2) and may distribute earnings for the support of the inmate's or resident's dependents and for other obligations either acknowledged by the inmate or resident in writing or which have been reduced to judgment that may be satisfied according to law. The department shall credit all moneys that it collects from earnings of inmates and residents under sub. (2) (em) to the appropriation account under s. 20.410 (1) (gi).

AB150-engrossed, s. 6391 Section 6391. 303.015 (1) (c) of the statutes is amended to read:

AB150-engrossed,2140,6 303.015 (1) (c) Prior to submission to the legislative council staff for review under s. 227.15, departmental rules relating to hiring, termination, evaluation and compensation of, or other conditions of employment for, inmates or residents in prison industries shall be submitted to the board for approval. Board authority over rules shall not extend to determination of which inmates or residents are eligible for employment in prison industries or to security matters.