AB50: Bill Text

AB50,2578 Section 2578. 301.26 (4) (cm) 3. of the statutes is amended to read:

AB50,1280,17 301.26 (4) (cm) 3. The per person daily reimbursement rate for juvenile correctional services under this paragraph shall be equal to the per person daily cost assessment to counties under par. (d) 2., 3., and 4. for juvenile correctional services.

AB50,2579 Section 2579. 301.26 (4) (cx) of the statutes is amended to read:

AB50,1281,2 301.26 (4) (cx) If, notwithstanding ss. 16.50 (2), 16.52, 20.002 (11), and 20.903, there is a deficit in the appropriation account under s. 20.410 (3) (hm) at the close of a fiscal biennium, the governor shall, to address that deficit, increase each of the rates specified under s. 301.26 (4) (d) 2. and 3. for care in a Type 1 juvenile correctional facility and for care for juveniles transferred from a correctional institution by $6, in addition to any increase due to actual costs, in the executive budget bill for each fiscal biennium, until the deficit under s. 20.410 (3) (hm) is eliminated.

AB50,2580 Section 2580. 301.26 (4) (d) 2. of the statutes is repealed.

AB50,2581 Section 2581. 301.26 (4) (d) 3. of the statutes is amended to read:

AB50,1281,9 301.26 (4) (d) 3. Beginning on July 1, 2024 2025, and ending on June 30, 2025 2027, the per person daily cost assessment to counties shall be, for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $1,268 and, for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $1,268.

AB50,2582 Section 2582. 301.50 (1) of the statutes is amended to read:

AB50,1281,20 301.50 (1) In this section, “substantial parental relationship” means the acceptance and exercise of significant responsibility for the daily supervision, education, protection, and care of the child. In evaluating whether an individual has had a substantial parental relationship with the child, factors that may be considered include, but are not limited to, whether the individual has expressed concern for or interest in the support, care, or well-being of the child; whether the individual has neglected or refused to provide care or support for the child; and whether, with respect to an individual who is or may be the father a parent of the child, the individual has expressed concern for or interest in the support, care, or well-being of the mother during her parent who gave birth during pregnancy.

AB50,2583 Section 2583. 301.55 of the statutes is created to read:

AB50,1281,23 301.55 Office of the ombudsperson for corrections. (1) Definitions. In this section:

AB50,1281,24 (a) “Office” means the office of the ombudsperson for corrections.

AB50,1282,1 (b) “Ombudsperson” means the ombudsperson of the office.

AB50,1282,7 (2) Staff. The ombudsperson may appoint, in the classified service, one deputy ombudsperson of the office, and employees for the office to complete the ombudsperson’s duties described under this section. The ombudsperson may delegate to the deputy ombudsperson or other employees of the office any of the ombudsperson’s authority or duties except those described under subs. (5) (b) and (7) (b).

AB50,1282,8 (3) Powers. The ombudsperson may do all of the following:

AB50,1282,10 (a) Investigate, upon a complaint or upon personal initiative, any matter described under sub. (4).

AB50,1282,11 (b) Determine the scope and manner of investigations to be made.

AB50,1282,13 (c) Enter and inspect, at any time, premises within the control of the department.

AB50,1282,18 (d) Examine records and documents in the possession of the department, including corrections and detention data and medical data maintained by the department and classified as private or confidential data on individuals when access to the data is necessary for the ombudsperson to perform the powers authorized under this subsection.

AB50,1282,20 (e) Subpoena witnesses and the production of books, papers, records, and documents material to an investigation conducted by the office.

AB50,1282,22 (f) Attend any proceedings and deliberations relating to the granting or revocation of parole, extended supervision, or probation.

AB50,1282,23 (4) Investigations. The ombudsperson may investigate any of the following:

AB50,1283,2 (a) Complaints regarding state correctional institutions and abuse, unfair acts, and violations of rights of prisoners and juveniles.

AB50,1283,3 (b) The policies or practices of the department.

AB50,1283,4 (c) Any action by the department that may be contrary to law or rule.

AB50,1283,7 (d) Any other action by the department that has been alleged to be unreasonable, unfair, oppressive, or inconsistent with any policy or judgment of the department.

AB50,1283,9 (e) Procedures and practices that may lessen the risk that objectionable actions by the department may occur in the future.

AB50,1283,16 (5) Complaints. (a) The ombudsperson shall create a complaint form and provide sufficient blank copies of the form and self-sealing envelopes to state correctional institutions for distribution to prisoners and juveniles. Blank copies of the form and self-sealing envelopes shall be placed in locations where prisoners and juveniles regularly visit, such as a common area or library, and shall be provided upon request to a prisoner or juvenile. The department shall also make the form available on its website.

AB50,1283,20 (b) An operator of a state correctional institution shall immediately forward a complaint form described under par. (a) that has been completed by a prisoner or juvenile to the office. No individual other than an authorized employee of the office may open an envelope that contains a complaint form.

AB50,1283,24 (c) The ombudsperson shall review each complaint form received under par. (b) and determine whether to make a recommendation regarding the complaint directly to the state correctional institution where the prisoner or juvenile is housed, the governor, the legislature, or other party, or make no recommendation.

AB50,1284,10 (d) No operator of a state correctional institution may open and preview or screen mail addressed from the office to a prisoner or juvenile residing at the state correctional institution unless the operator has reason to believe that the mail contains contraband or is not a document from the office. If the operator has reason to believe that the mail contains contraband or is not a document from the office, the operator may open and inspect the mail in the presence of the prisoner or juvenile to whom it was addressed, but may inspect the document only to the extent necessary to determine whether it contains contraband or is not a document from the office. The operator may read the mail only if, after inspection, the operator has reason to believe it not a document from the office.

AB50,1284,16 (6) Disclosures. Information in the possession of the office that relates to a client, complaint, or investigation of the office may be disclosed only at the discretion of the ombudsperson or his or her designated representative. A disclosure of information under this subsection relating to a client, named witness, or a prisoner or juvenile who is not a client may be made only if one of the following applies:

AB50,1284,18 (a) The disclosure is authorized in writing by the client, named witness, prisoner, or juvenile or his or her legal guardian, if applicable.

AB50,1284,20 (b) The disclosure is made pursuant to a lawful order of a court of competent jurisdiction.

AB50,1285,3 (7) Reports. (a) If the ombudsperson determines to make a recommendation under sub. (5) (c) directly to the state correctional institution where the prisoner or juvenile is housed, the warden or superintendent of the state correctional institution shall respond within 30 days. The warden or superintendent shall include in the response what actions the warden or superintendent is taking as a result of the recommendations of the ombudsperson and why the warden or superintendent is taking those actions or not taking actions.

AB50,1285,6 (b) If the ombudsperson has reason to believe that any public official or employee has acted in a manner warranting criminal or disciplinary proceedings, the ombudsperson may refer the matter to the appropriate authorities.

AB50,1285,8 (c) The ombudsperson shall, at the request of the governor at any time, report to the governor on any matter over which the ombudsperson has authority.

AB50,1285,14 (d) On or before December 31 of each year, the ombudsperson shall submit to the governor, the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2), and the secretary of corrections a report of the ombudsperson’s findings and recommendations for improvements to policies and practices at state correctional institutions and the results of the ombudsperson’s investigations conducted under sub. (4).

AB50,2584 Section 2584. 302.05 (title) of the statutes is amended to read:

AB50,1285,16 302.05 (title) Wisconsin substance abuse earned release program.

AB50,2585 Section 2585. 302.05 (1) (am) (intro.) of the statutes is amended to read:

AB50,1286,2 302.05 (1) (am) (intro.) The department of corrections and the department of health services may designate a section of a mental health institute as a correctional treatment facility for the treatment of substance abuse use disorder of inmates transferred from Wisconsin state prisons. This section shall be administered by the department of corrections and shall be known as the Wisconsin substance abuse program. The department of corrections and the department of health services shall ensure that the residents at the institution and the residents in the substance abuse use disorder program:

AB50,2586 Section 2586. 302.05 (1) (b) of the statutes is amended to read:

AB50,1286,7 302.05 (1) (b) The department of corrections and the department of health services shall, at any correctional facility the departments determine is appropriate, provide a substance abuse use disorder treatment program for inmates for the purposes of the program described in sub. (3).

AB50,2587 Section 2587. 302.05 (1) (c) of the statutes is created to read:

AB50,1286,11 302.05 (1) (c) 1. In this paragraph, “vocational readiness training program” means an educational, vocational, treatment, or other evidence-based training program to reduce recidivism.

AB50,1286,14 2. The department shall, at any correctional facility the department determines is appropriate, provide vocational readiness training programs for the purposes of the program described in sub. (3).

AB50,2588 Section 2588. 302.05 (2) of the statutes is amended to read:

AB50,1286,17 302.05 (2) Transfer to a correctional treatment facility for the treatment of a substance abuse use disorder shall be considered a transfer under s. 302.18.

AB50,2589 Section 2589. 302.05 (3) (a) 2. of the statutes is amended to read:

AB50,1287,2 302.05 (3) (a) 2. If the inmate is serving a bifurcated sentence imposed under s. 973.01, the sentencing court decided under par. (e) or s. 973.01 (3g) The department determines that the inmate is eligible to participate in the earned release program described in this subsection. In making its determination, the department shall consider a decision of the sentencing court under s. 302.05 (3) (e), 2023 stats., or s. 973.01 (3g), 2023 stats.

AB50,2590 Section 2590. 302.05 (3) (b) of the statutes is amended to read:

AB50,1287,13 302.05 (3) (b) Except as provided in par. (d), if the department determines that an eligible inmate serving a sentence other than one imposed under s. 973.01 has successfully completed a substance use disorder treatment program described in sub. (1) (b), a vocational readiness training program described in sub. (1) (c), or the mother-young child care program under s. 301.049, the parole commission shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served. If the parole commission grants parole under this paragraph for the completion of a substance use disorder treatment program, it shall require the parolee to participate in an intensive supervision program for drug abusers as a condition of parole.

AB50,2591 Section 2591. 302.05 (3) (c) 1. of the statutes is amended to read:

AB50,1287,21 302.05 (3) (c) 1. Except as provided in par. (d), if the department determines that an eligible inmate serving the term of confinement in prison portion of a bifurcated sentence imposed under s. 973.01 has successfully completed a substance use disorder treatment program described in sub. (1) (b), a vocational readiness training program described in sub. (1) (c), or the mother-young child care program under s. 301.049, the department shall inform the court that sentenced the inmate.

AB50,2592 Section 2592. 302.05 (3) (c) 2. (intro.) of the statutes is amended to read:

AB50,1288,5 302.05 (3) (c) 2. (intro.) Upon being informed by the department under subd. 1. that an inmate whom the court sentenced under s. 973.01 has successfully completed a substance use disorder treatment program described in sub. (1) (b), a vocational readiness training program described in sub. (1) (c), or the mother-young child care program under s. 301.049, the court shall modify the inmate’s bifurcated sentence as follows:

AB50,2593 Section 2593. 302.05 (3) (d) of the statutes is amended to read:

AB50,1288,9 302.05 (3) (d) The department may place intensive sanctions program participants in a treatment program described in sub. (1) (b), but pars. (b) and (c) do not apply to those participants.

AB50,2594 Section 2594. 302.05 (3) (e) of the statutes is repealed.

AB50,2595 Section 2595. 302.11 (7) (am) of the statutes is amended to read:

AB50,1288,17 302.11 (7) (am) The reviewing authority may return a parolee released under sub. (1) or (1g) (b) or s. 304.02 or 304.06 (1) to prison for a period up to the remainder of the sentence for a violation of the conditions of parole. The remainder of the sentence is the entire sentence, less time served in custody prior to parole and less any earned compliance credit under s. 973.156. The revocation order shall provide the parolee with credit in accordance with ss. 304.072 and 973.155.

AB50,2596 Section 2596. 302.113 (9) (ag) of the statutes is renumbered 302.113 (9) (ag) (intro.) and amended to read:

AB50,1288,20 302.113 (9) (ag) (intro.) In this subsection “reviewing:

AB50,1288,23 1. “Reviewing authority” means the division of hearings and appeals in the department of administration, upon proper notice and hearing, or the department of corrections, if the person on extended supervision waives a hearing.

AB50,2597 Section 2597. 302.113 (9) (am) of the statutes is renumbered 302.113 (9) (am) 1. and amended to read:

AB50,1289,8 302.113 (9) (am) 1. If a person released to extended supervision under this section violates a condition of extended supervision, the reviewing authority may revoke the extended supervision of the person. If the extended supervision of the person is revoked, the reviewing authority shall order the person to be returned to prison for any specified period of time that does not exceed the time remaining on the bifurcated sentence. The time

AB50,1289,13 (ag) 2. “Time remaining on the bifurcated sentence is” means the total length of the bifurcated sentence, less time served by the person in confinement under the sentence before release to extended supervision under sub. (2), less any earned compliance credit under s. 973.156, and less all time served in confinement for previous revocations of extended supervision under the sentence.

AB50,1289,16 (am) 2. The order returning a person to prison under this paragraph shall provide the person whose extended supervision was revoked with credit in accordance with ss. 304.072 and 973.155.

AB50,2598 Section 2598. 302.113 (9) (b) of the statutes is amended to read:

AB50,1290,2 302.113 (9) (b) A person who is returned to prison after revocation of extended supervision shall be incarcerated for the entire period of time specified by the order under par. (am) 1. The period of time specified under par. (am) 1. may be extended in accordance with sub. (3). If a person is returned to prison under par. (am) 1. for a period of time that is less than the time remaining on the bifurcated sentence, the person shall be released to extended supervision after he or she has served the period of time specified by the order under par. (am) 1. and any periods of extension imposed in accordance with sub. (3).

AB50,2599 Section 2599. 302.113 (9) (c) of the statutes is amended to read:

AB50,1290,12 302.113 (9) (c) A person who is subsequently released to extended supervision after service of the period of time specified by the order under par. (am) 1. is subject to all conditions and rules under sub. (7) and, if applicable, sub. (7m) until the expiration of the time remaining extended supervision portion of on the bifurcated sentence. The remaining extended supervision portion of the bifurcated sentence is the total length of the bifurcated sentence, less the time served by the person in confinement under the bifurcated sentence before release to extended supervision under sub. (2) and less all time served in confinement for previous revocations of extended supervision under the bifurcated sentence.

AB50,2600 Section 2600. 302.114 (9) (ag) of the statutes is amended to read:

AB50,1290,15 302.114 (9) (ag) In this subsection “reviewing authority” has the meaning given in s. 302.113 (9) (ag) 1.

AB50,2601 Section 2601. 302.27 (1) of the statutes is amended to read:

AB50,1290,23 302.27 (1) The department may contract with a local unit of government, as defined in s. 16.957 (1) (k), for temporary housing or detention in county jails, county houses of correction, or tribal jails for persons placed on probation or sentenced to imprisonment in state prisons or to the intensive sanctions program. The rate under any such contract may not exceed $60 $80 per person per day. Nothing in this subsection limits the authority of the department to place persons in jails under s. 301.048 (3) (a) 1.

AB50,2602 Section 2602. 302.31 (7) of the statutes is amended to read:

AB50,1291,6 302.31 (7) The temporary placement of persons in the custody of the department, other than persons under 17 years of age minors, and persons who have attained the age of 17 years but have not attained adults under the age of 25 years who are under the supervision of the department under s. 938.355 (4) and who have been taken into custody pending revocation of community supervision or aftercare supervision under s. 938.357 (5) (e).

AB50,2603 Section 2603. 302.43 of the statutes is amended to read:

AB50,1291,22 302.43 Good time. Every inmate of a county jail is eligible to earn good time in the amount of one-fourth of his or her term for good behavior if sentenced to at least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects or refuses to perform any duty lawfully required of him or her, may be deprived by the sheriff of good time under this section, except that the sheriff shall not deprive the inmate of more than 2 days good time for any one offense without the approval of the court. An inmate who files an action or special proceeding, including a petition for a common law writ of certiorari, to which s. 807.15 applies shall be deprived of the number of days of good time specified in the court order prepared under s. 807.15 (3). This section does not apply to a person who is confined in the county jail in connection with his or her participation in a substance abuse treatment program that meets the requirements of s. 165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10).

AB50,2604 Section 2604. 304.072 (4) of the statutes is amended to read:

AB50,1292,4 304.072 (4) The sentence of a revoked parolee or person on extended supervision resumes running on the day he or she is received at a correctional institution subject to sentence credit for the period of custody in a jail, correctional institution or any other detention facility pending revocation according to the terms of s. 973.155 and subject to earned compliance credit under s. 973.156.

AB50,2605 Section 2605. 321.37 of the statutes is amended to read:

AB50,1292,16 321.37 No discrimination. No person, otherwise qualified, may be denied membership in the national guard or state defense force because of sex, color, race, creed, or sexual orientation, gender expression, as defined in s. 111.32 (7j), or gender identity, as defined in s. 111.32 (7k), and no member of the national guard or state defense force may be segregated within the national guard or state defense force on the basis of sex, color, race, creed, or sexual orientation, gender expression, as defined in s. 111.32 (7j), or gender identity, as defined in s. 111.32 (7k). Nothing in this section prohibits separate facilities for persons of different sexes with regard to dormitory accommodations, toilets, showers, saunas, and dressing rooms, except that no person may be denied equal access to facilities most consistent with the person’s gender identity.

AB50,2606 Section 2606. 321.40 (1) (a) of the statutes is renumbered 321.40 (1) (ar).

AB50,2607 Section 2607. 321.40 (1) (d) of the statutes is renumbered 321.40 (1) (am) and amended to read:

AB50,1292,21 321.40 (1) (am) “Tuition Educational grant” means any tuition cost payment made by the department under sub. (3).

AB50,2608 Section 2608. 321.40 (2) (intro.), (e) and (f) of the statutes are amended to read: