LRB-4304/1
PJH:kjf&sac:rs
2013 - 2014 LEGISLATURE
February 28, 2014 - Introduced by Senators Harsdorf and Vinehout, cosponsored
by Representatives Billings, Doyle, Nass, Milroy, Kahl, Berceau, Danou,
Ohnstad and Hulsey. Referred to Committee on Transportation, Public
Safety, and Veterans and Military Affairs.
SB648,1,4
1An Act to renumber and amend 302.44 and 800.095 (1) (b) 3.; and
to create
2302.44 (2) and 800.095 (1) (b) 3. b. of the statutes;
relating to: allowing county
3and municipal prisoners to be imprisoned in a bordering county within or
4outside of the state.
Analysis by the Legislative Reference Bureau
Counties
Currently, counties may enter into cooperative agreements with other counties
within the state regarding the building, maintenance, and use of the jails and
rehabilitation facilities to detain prisoners before, during, and after trial. Counties
generally share expenses in accordance with the cooperative agreement, but the
county where a prisoner would be detained without the cooperative agreement
provides transportation of the prisoner to and from court or as otherwise needed.
Under current law, only jails and rehabilitation facilities approved by the
Department of Corrections (DOC) for the detention of prisoners may be used under
the agreement.
Current law also allows DOC to enter into contracts with other states to send
prisoners who are in DOC custody to the other states. Under current law, any
contract allowing for the transfer of a prisoner to another state must contain certain
provisions, including a termination date, provisions regarding the treatment, care,
and transfer of prisoners, prisoner participation in employment programs, reporting
requirements, and retention of jurisdiction in this state over prisoners transferred.
Under this bill, a county in this state may enter into an agreement with a
receiving county outside of the state to pay the receiving county to detain or imprison
county prisoners before, during, and after trial if the other county borders the county
in which the prisoner would otherwise be detained or imprisoned, and the monthly
expenses charged to the county in this state by the receiving county to detain or
imprison the prisoner are at least 25 percent less than the monthly expenses charged
by the county in this state. The bill sets forth certain provisions that any contract
allowing a county to transfer a county prisoner to another state, which generally
mirror the requirements for a contract allowing the transfer of a state prisoner to
another state. Under the bill, any contract between a county in this state and a
receiving county in another state must include a requirement that the Department
of Corrections or its equivalent agency or department in the receiving state approve
the jail or facility in the receiving county to receive prisoners from the county in this
state.
Municipalities
Currently, if a person fails to pay a monetary judgment ordered by a municipal
court, the court may suspend the person's motor vehicle operating privilege for up
to two years under certain conditions, order the assignment of up to 25 percent of the
person's earnings or other money due to the person to pay the judgment, order that
the person be imprisoned for up to 90 days, with each day resulting in a credit of at
least $50 of the unpaid judgment, or a combination of these remedies.
If the court orders that the person be imprisoned, the person is required to be
committed to a jail or house of correction in the county in which the cause of action
arose. Under this bill, if the court orders that the person be imprisoned, the person
may be committed to a jail in a different county within or outside of the state if all
of the following requirements are met:
1. The other county borders the county in which the cause of action arose.
2. The monthly expenses charged to the municipality by the other county to
imprison the defendant are at least 25 percent less than the monthly expenses
charged by the county in which the cause of action arose.
3. The other county agrees to having the defendant committed to a jail in that
county.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB648,1
1Section
1. 302.44 of the statutes is renumbered 302.44 (1) and amended to
2read:
SB648,3,11
1302.44
(1) Two or more counties
within the state may agree under s. 66.0301
2for the cooperative establishment and use of the jails and rehabilitation facilities of
3any of them for the detention or imprisonment of prisoners before, during and after
4trial and for sharing the expense without reference to s. 302.34. The sheriffs of the
5counties shall lodge prisoners in any jail or rehabilitation facility authorized by the
6agreement and shall endorse the commitment, if any, under s. 302.35 in case
7detention or imprisonment is in the jail or rehabilitation facility of another county.
8Only jails and rehabilitation facilities approved by the department for the detention
9of prisoners may be used under the agreement. The sheriff of the county of arrest
10shall transport the prisoner to and from court and to any other institution whenever
11necessary.
SB648,2
12Section
2. 302.44 (2) of the statutes is created to read:
SB648,3,2013
302.44
(2) A county in this state may enter into a contract with a receiving
14county outside of the state to pay the receiving county to detain or imprison prisoners
15who are not in the custody of the department before, during, and after trial if the
16receiving county borders the county in which the prisoner would otherwise be
17detained or imprisoned, and the monthly expenses charged to the county in this state
18by the receiving county to detain or imprison the prisoner are at least 25 percent less
19than the monthly expenses charged by the county in this state. Any such contract
20shall provide for all of the following:
SB648,3,2121
(a) A termination date.
SB648,3,2422
(b) A requirement that the department of corrections or its equivalent agency
23or department in the receiving state approve the jail or facility in the receiving
24county to receive prisoners from the county in this state.
SB648,4,4
1(c) Provisions concerning the costs of prisoner maintenance, extraordinary
2medical and dental expenses, and any participation in or receipt by prisoners of
3rehabilitative or correctional services, facilities, programs, or treatment, including
4those costs not reasonably included as part of normal maintenance.
SB648,4,85
(d) Provisions concerning any participation in programs of prisoner
6employment, if any, the disposition or crediting of any payments received by
7prisoners on account of employment, and the crediting of proceeds from or disposal
8of any products resulting from employment.
SB648,4,99
(e) Delivery and retaking of prisoners.
SB648,4,1110
(f) Waiver of extradition by Wisconsin and the state to which the prisoners are
11transferred.
SB648,4,1212
(g) Retention of jurisdiction of the prisoners transferred by Wisconsin.
SB648,4,1413
(h) Regular reporting procedures concerning Wisconsin prisoners by officials
14of the receiving county.
SB648,4,1615
(i) Provisions concerning procedures for probation, parole, extended
16supervision, and discharge.
SB648,4,1817
(j) The same standards of reasonable and humane care as the prisoners would
18receive in an appropriate Wisconsin institution.
SB648,4,2119
(k) Any other matters as are necessary and appropriate to fix the obligations,
20responsibilities and rights of the state of Wisconsin, the county within the state, and
21the receiving state and county.
SB648,3
22Section
3. 800.095 (1) (b) 3. of the statutes is renumbered 800.095 (1) (b) 3. a.
23and amended to read:
SB648,5,3
1800.095
(1) (b) 3. a.
The
Except as provided in subd. 3. b., the defendant shall
2be committed to a jail or a house of correction in the county in which the cause of
3action arose.
SB648,5,6
4c. The defendant shall be eligible for privileges under s. 303.08
. or a similar
5program in the other county if committed under subd. 3. b. The municipality shall
6pay the expenses incurred by the county to imprison the defendant.
SB648,4
7Section
4. 800.095 (1) (b) 3. b. of the statutes is created to read:
SB648,5,138
800.095
(1) (b) 3. b. The defendant may be committed to the jail in another
9county within or outside of the state if the other county borders the county in which
10the cause of action arose, and the monthly expenses charged to the municipality by
11the other county to imprison the defendant are at least 25 percent less than the
12monthly expenses charged by the county in which the cause of action arose, and the
13other county agrees to having the defendant committed to the jail in that county.
