AB150,2091,2118 301.135 (1) The department may contract with counties to provide electronic
19monitoring services relating to criminal offenders and to children who are placed on
20electronic monitoring under s. 48.21 (4m), 48.34 (3g) or 48.355 (6) (d) 3. The
21department shall charge a fee to counties for providing these services.

AB150,2092,15 24301.32 (title) Property of prisoners, residents and probationers. (1)
25Property delivered to steward; credit and debit. All money including wages and

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1other property delivered to an officer or employe of any institution for the benefit of
2a prisoner or resident shall be delivered to the steward, who shall enter the property
3upon his or her books to the credit of a the prisoner or resident. The property may
4be used only under the direction and with the approval of the superintendent or
5warden and for the crime victim and witness assistance surcharge under s. 973.045
6(4), the deoxyribonucleic acid analysis surcharge under s. 973.046 or the benefit of
7the prisoner or resident. If the money remains uncalled for for one year after the
8prisoner's or resident's death or departure from the institution, the superintendent
9shall deposit it in the general fund. If any prisoner or resident leaves property, other
10than money, uncalled for at an institution for one year, the superintendent shall sell
11the property and deposit the proceeds in the general fund. If any person satisfies the
12department, within 5 years after the deposit, of his or her right to the deposit, the
13department shall direct the department of administration to draw its warrant in
14favor of the claimant and it shall charge the same to the appropriation made by s.
1520.913 (3) (bm).

AB150,2092,2417 301.36 (5) Enforcement by attorney general and district attorneys. Upon
18request of the department, the attorney general or the district attorney serving the
19proper county shall aid in any investigation, inspection, hearing or trial had under
20this chapter or those sections of ch. 48 relating to powers of the department, and shall
21institute and prosecute all necessary actions or proceedings for the enforcement of
22those provisions and for the punishment of violations of those provisions. The
23attorney general or district attorney so requested shall report or confer with the
24department regarding the request, within 30 days after receipt of the request.

AB150,2093,7

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1302.18 (7) Except as provided in s. 973.013 (3m), the department of corrections
2shall keep all prisoners under 16 years of age in secured juvenile correctional
3facilities, but the department of corrections or the department of health and social
4services, with the concurrence of the department of corrections, whichever has legal
5custody or supervision over a prisoner, may transfer them to a prisoner to an adult
6correctional institutions after they attain institution after the prisoner attains 16
7years of age.

AB150,2093,24 10302.31 Use of jails. The county jail may be used for the detention of persons
11charged with crime and committed for trial; for the detention of persons committed
12to secure their attendance as witnesses; to imprison persons committed pursuant to
13a sentence or held in custody by the sheriff for any cause authorized by law; for the
14detention of persons sentenced to imprisonment in state penal institutions or a
15county house of correction, until they are removed to those institutions; for the
16detention of persons participating in the intensive sanctions program; for the
17temporary detention of persons in the custody of the department; and for other
18detentions authorized by law. The county jail may be used for the temporary
19placement of persons in the custody of the department, and persons who have
20attained the age of 18 17 years but have not attained the age of 25 years who are
21under the supervision of the department of health and social services under s. 48.355
22(4) or 48.366 and who have been taken into custody pending revocation of aftercare
23supervision under s. 48.357 (5) (e) or 48.366 (5) or corrective sanctions supervision
24under s. 48.357 (5) (e).

AB150,2094,7

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1302.33 (2) (a) 4. In addition to the payments under subd. 3., the department
2shall pay $500,000 from the appropriation under s. 20.410 (1) (bn) in each fiscal year
3to any county that had 12,000 18,000 or more reimbursable days under subd. 3. in
4the prior fiscal year. The payment under this subdivision is not subject to the
5proration requirement under subd. 3. A county that receives the payment under this
6subdivision in a fiscal year remains eligible for payment under subd. 3. in that fiscal
7year.

AB150,2094,169 302.38 (3) The maximum amount that a governmental unit may pay for the
10costs of medical or hospital care under this section is limited for that care to the
11amount payable by medical assistance under ss. 49.43 to 49.47 subch. IV of ch. 49,
12except s. 49.468, for care for which a medical assistance rate exists. No provider of
13medical or hospital care may bill a prisoner under sub. (1) for the cost of care
14exceeding the amount paid under this subsection by the governmental unit. If no
15medical assistance rate exists for the care provided, there is no limitation under this
16subsection.

AB150,2094,2519 302.386 (3) (a) The Except as provided in par. (b), the department may require
20a resident housed in a prison identified in s. 302.01 or in a secured correctional
21facility as defined in s. 48.02 (15m) who earns wages during residency and who
22receives medical or dental services to pay a deductible, coinsurance, copayment or
23similar charge upon the medical or dental service that he or she receives. The
24department shall collect the allowable deductible, coinsurance, copayment or similar
25charge.

AB150,2095,5

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1(c) No provider of services may deny care or services because the resident is
2unable to pay the applicable deductible, coinsurance, copayment or similar charge,
3but an inability to pay these charges does not relieve the resident of liability for the
4charges unless the department excepts or waives the liability under criteria that the
5department shall establish by rule.

AB150,2095,117 302.386 (3) (b) If the resident under par. (a) requests the medical services or
8dental services, the department shall require the resident to pay the deductible,
9coinsurance, copayment or similar charge. The department may not charge the
10person less than $2.50 for each request. The requirements under this paragraph are
11subject to the exception and waiver provisions under par. (c).

AB150,2095,1513 302.386 (4) (a) The specific medical or dental services on which a deductible,
14coinsurance, copayment or similar charge may be imposed under sub. (3) (a) or must
15be imposed under sub. (3) (b).

AB150,2095,1917 302.386 (4) (b) The amounts of deductibles, coinsurances, copayments or
18similar charges that may be imposed on for the medical or dental services under par.
19(a).

AB150,2095,2222 302.425 (1) Definition. (intro.) In this section, "jail":

AB150,2095,23 23(b) "Jail" includes a house of correction and a Huber facility under s. 303.09.

AB150,2095,2525 302.425 (1) (a) "County department" has the meaning given in s. 48.02 (2g).

AB150,2096,52 302.425 (2g) County departments and department of health and social
3services; general authority. Subject to the limitations under sub. (3m), a county
4department or the department of health and social services may place in the home
5detention program any child who is in its custody or under its supervision.

AB150,2096,97 302.425 (2m) Intensive sanctions program participants. Notwithstanding the
8agreement requirements under sub. (3), the department of corrections may place any
9intensive sanctions program participant in a home detention program.

AB150,2096,2011 302.425 (3) (title) Placement of a prisoner in the program. If a prisoner
12described under sub. (2) and the department of corrections agree, the sheriff may
13place the prisoner in the home detention program and provide that the prisoner be
14detained at the prisoner's place of residence or other place designated by the sheriff
15and be monitored by an active electronic monitoring system. The sheriff shall
16establish reasonable terms of detention and ensure that the prisoner is provided a
17written statement of those terms, including a description of the detention monitoring
18procedures and requirements and of any applicable liability issues. The terms may
19include a requirement that the prisoner pay the county a daily fee to cover the county
20costs associated with monitoring him or her.

AB150,2097,822 302.425 (3m) Placement of a child in the program. Upon the agreement of
23the department of corrections, the county department or the department of health
24and social services may place the child in the home detention program and provide
25that the child be detained at the child's place of residence or other place designated

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1by the county department or the department of health and social services and be
2monitored by an active electronic monitoring system. The county department or the
3department of health and social services shall provide reasonable terms of detention
4and ensure that the child receives a written statement of those terms, including a
5description of the detention monitoring procedures and requirements and of any
6applicable liability issues. The terms may include a requirement that the child or
7his or her parent or guardian pay the county or state a daily fee to cover the costs
8associated with monitoring him or her.

AB150,2097,1810 302.425 (4) Departmental duties. The department of corrections shall ensure
11that electronic monitoring equipment units are available, pursuant to contractual
12agreements with county sheriffs, county departments and the department of health
13and social services, throughout the state on an equitable basis. If a prisoner is chosen
14under sub. (3) or a child is chosen under sub. (3m) to participate in the home
15detention program, the department of corrections shall install and monitor
16electronic monitoring equipment. The department of corrections shall charge the
17county a daily per prisoner fee or per child fee, whichever is applicable, to cover the
18department's costs for these services.

AB150,2097,2320 302.425 (6) Escape. Any intentional failure of a prisoner to remain within the
21limits of his or her detention or to return to his or her place of detention, as specified
22in the terms of detention under sub. (3), is considered an escape under s. 946.42 (3)
23(a).

AB150,2098,11

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1303.01 (1) (b) The department, with the approval of the prison industries board
2and after a hearing is held under par. (c), may establish industries for the
3employment of inmates in the state prisons or residents in any correctional
4institution operated by the department for holding in secure custody persons
5adjudged delinquent. Except as provided in par. (d), prison industries may engage
6in manufacturing articles for and providing services to the state and its political
7subdivisions and any tax-supported institution or nonprofit agency and for sale of
8such articles and services to other states or political divisions thereof or to the United
9States. The department shall fix the price of all products and services as near the
10market price as possible. Supplies, materials and equipment may be reconditioned
11by prison industries for sale under s. 16.72.

AB150,2098,1613 303.01 (2) (e) Maintain auto shops in connection with auto schools and may
14receive from licensed automobile dealers and regularly established automobile
15repair shops vehicles to be repaired, painted or otherwise processed by inmates or
16residents of the school;

AB150,2099,718 303.01 (2) (em) Lease space, with or without equipment, within the precincts
19of state prisons, as specified in s. 302.02, to not more than 3 private businesses to
20employ prison inmates to manufacture products or components or to provide services
21for sale on the open market. The department shall comply with s. 16.75 in selecting
22businesses under this paragraph. The department shall consult with appropriate
23trade organizations and labor unions prior to issuing requests for proposals and prior
24to selecting proposals under this paragraph. Each such private business may
25conduct its operations as a private business, subject to the wage standards under

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1sub. (4), the disposition of earnings under sub. (8), the requirements for notification
2and hearing under sub. (1) (c), the requirement for prison industries board approval
3under s. 303.015 (1) (b) and the authority of the department to maintain security and
4control in its institutions. The private business and its operations are not a prison
5industry. Inmates employed by the private business are not subject to the
6requirements of inmates participating in prison industries, except as provided in this
7paragraph;

AB150,2100,210 303.01 (2) (em) Lease space, with or without equipment, within the precincts
11of state prisons, as specified in s. 302.02, or within the confines of correctional
12institutions operated by the department for holding in secure custody persons
13adjudged delinquent, to not more than 3 private businesses to employ prison inmates
14and institution residents to manufacture products or components or to provide
15services for sale on the open market. The department shall comply with s. 16.75 in
16selecting businesses under this paragraph. The department shall consult with
17appropriate trade organizations and labor unions prior to issuing requests for
18proposals and prior to selecting proposals under this paragraph. Each such private
19business may conduct its operations as a private business, subject to the wage
20standards under sub. (4), the disposition of earnings under sub. (8), the requirements
21for notification and hearing under sub. (1) (c), the requirement for prison industries
22board approval under s. 303.015 (1) (b) and the authority of the department to
23maintain security and control in its institutions. The private business and its
24operations are not a prison industry. Inmates employed by the private business are

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1not subject to the requirements of inmates participating in prison industries, except
2as provided in this paragraph;

AB150,2100,54 303.01 (2) (f) Lease or purchase land within the state for the employment of
5prisoners or residents; and

AB150,2100,97 303.01 (2) (g) Construct barracks for the safekeeping of prisoners or residents
8employed in the prison industries outside the prison or institution proper on the
9prison or institution premises.

AB150,2100,1711 303.01 (4) Wage standards. All inmates and residents shall be paid a wage
12which that is based on the productivity of the work the inmates and residents
13perform. Wages may be established at an hourly rate plus an incentive wage based
14on productivity and piecework formulas may be created. However, wages shall not
15be set at a rate such as to cause a deficit on operations. Changes in inmate and
16resident wage rate schedules may not be made without approval of the prison
17industries board.

AB150,2101,219 303.01 (6) Goal. To the extent possible, prison industries shall be operated in
20a manner that is similar to private business and industry. The primary goal of prison
21industries shall be to operate in a profitable manner. Within this goal, inmates or
22residents employed in prison industries shall be provided with training and work
23experience that allows them to develop skills necessary to retain employment in
24outside business and industry. Consistent with available resources, inmates or
25residents employed in prison industries may be required to take education courses

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1related to their work to enhance their capacity for employment upon release from
2prison or an institution specified under sub. (1) (b).

AB150,2101,124 303.01 (8) Disposition of earnings. The department has the authority to
5determine how much, if any, of the earnings of an inmate or resident may be spent
6and for what purposes they may be spent within the confines of the prison or
7institution. The department shall distribute earnings for the crime victim and
8witness assistance surcharge under s. 973.045 (4), for the deoxyribonucleic acid
9analysis surcharge under s. 973.046 (4) and for compliance with s. 303.06 (2) and may
10distribute earnings for the support of the inmate's or resident's dependents and for
11other obligations either acknowledged by the inmate or resident in writing or which
12have been reduced to judgment that may be satisfied according to law.

AB150,2101,1914 303.015 (1) (c) Prior to submission to the legislative council staff for review
15under s. 227.15, departmental rules relating to hiring, termination, evaluation and
16compensation of, or other conditions of employment for, inmates or residents in
17prison industries shall be submitted to the board for approval. Board authority over
18rules shall not extend to determination of which inmates or residents are eligible for
19employment in prison industries or to security matters.

AB150,2101,24 21303.04 Correctional farms. The board of commissioners of public lands, the
22department of natural resources, the department of tourism and parks and the
23department may select from the state forest reserves a quantity of land not to exceed
245,000 acres and convert the same into farms for the state prisons.

AB150,2102,4

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1303.06 (1) Except as authorized in sub. subs. (2) to (5), no goods, except farm
2machinery, farm implements and tools, cordage rope and ply goods, manufactured
3wholly or partly by inmates in any state, city or county penal institution may be
4offered for sale in the open market.

AB150,2102,136 303.06 (2) The department may enter into or renew a contract with a
7manufacturer or distributor to have prison industries provide products, components
8or services if at the time that the contract is originally entered into the products,
9components or services have been supplied to the manufacturer or distributor for the
10previous 12 months by a facility outside the United States. The department shall
11collect not less than 5% nor more than 20% of the gross wages of inmates or residents
12earned under such a contract to be credited to the appropriation under s. 20.455 (5)
13(i).

AB150,2102,1715 303.06 (3) A private business may sell products, components or services under
16s. 303.01 (2) (em) in the open market. Similar products, components or services from
17a prison industry program from another state may be sold in the open market.

AB150,2102,2219 303.06 (4) (a) The department may sell, in the open market, by-products of
20mattresses or by-products of paint from prison industries recycling operations.
21By-products of mattresses and by-products of paint from recycling operations of
22prisons in another state may be sold in the open market.

AB150,2102,2523 (b) The department may enter into or renew a contract with a manufacturer
24or distributor to have prison industries provide by-products of mattresses or
25by-products of paint from prison industries recycling operations.

AB150,2103,13

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1(c) Prior to the establishment of a prison industry under s. 303.01 (1) (b)
2relating to providing by-products of mattresses or by-products of paint from prison
3industries recycling operations, providing related notice under s. 303.01 (1) and
4receiving related approval under s. 303.015 (1) (b) and prior to entering into a
5contract under par. (b), the department shall provide written notification of the
6intent to provide those by-products or to enter into a contract to provide those
7by-products. The department shall provide the notification to those trade
8organizations and labor unions that the department determines would be interested
9in receiving the information. The notification shall include specific information on
10the proposal, the proposal's impact on private business, industry and labor and, if
11applicable, the method for the trade organization or labor union to communicate with
12the joint committee on finance before its hearing under s. 303.01 (1) (c) and with the
13board before it acts under s. 303.015 (1) (b).

AB150,2103,1915 303.06 (5) A tax-supported institution or a nonprofit agency may offer for sale
16in the open market products manufactured in whole or in part by inmates in a state
17penal institution as part of a hobby-craft program or vocational training if the
18purpose of the sale is to support the institution's or agency's mission or is for some
19other charitable purpose.

AB150,2104,221 303.065 (1) The department may grant work release privileges to any person
22incarcerated within the state prisons, except that no person serving a life sentence
23may be considered for work release until he or she has reached parole eligibility
24under s. 304.06 (1) (b) or 973.014 (1) (a) or (b), whichever is applicable, and no person

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1serving a life sentence under s. 939.62 (2m) or 973.014 (1) (c) may be considered for
2work release.

AB150,2104,5 4303.066 Wisconsin conservation corps projects. The department may
5sponsor Wisconsin conservation corps projects under s. 16.20 (8m) 106.215 (8g).

AB150,2104,137 303.21 (1) (b) Inmates are included under par. (a) if they are participating in
8a structured work program away from the institution grounds under s. 302.15.
9Inmates are not included under par. (a) if they are employed in a prison industry
10under s. 303.06 (2), participating in a work release program under s. 303.065 (2),
11participating in employment with a private business under s. 303.01 (2) (em) or
12participating in the transitional employment program, but they are eligible for
13worker's compensation benefits as provided under ch. 102.

AB150,2105,216 303.21 (1) (b) Inmates are included under par. (a) if they are participating in
17a structured work program away from the institution grounds under s. 302.15.
18Inmates are not included under par. (a) if they are employed in a prison industry
19under s. 303.06 (2), participating in a work release program under s. 303.065 (2),
20participating in employment with a private business under s. 303.01 (2) (em) or
21participating in the transitional employment program, but they are eligible for
22worker's compensation benefits under ch. 102. Residents subject to s. 303.01 (1) (b)

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1are not included under par. (a) but they are eligible for worker's compensation
2benefits under ch. 102.