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Wisconsin Assembly Bill AB462

Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB462 Compare Versions

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33 2023 - 2024 LEGISLATURE
44 2023 ASSEMBLY BILL 462
55 September 28, 2023 - Introduced by Representatives SORTWELL, TITTL, ARMSTRONG,
66 BALDEH, BRANDTJEN, DONOVAN, GOEBEN, GUNDRUM, MICHALSKI, MOSES,
77 MURSAU, PENTERMAN, SCHMIDT and STEFFEN, cosponsored by Senators JAMES,
88 CABRAL-GUEVARA and TAYLOR. Referred to Committee on Corrections.
99 ***AUTHORS SUBJECT TO CHANGE***
1010 AN ACT to amend 20.410 (1) (gi); and to create 303.066 of the statutes; relating
1111 to: creating an immersive work opportunity program for persons incarcerated
1212 in the state prisons.
1313 Analysis by the Legislative Reference Bureau
1414 This bill creates an immersive work opportunity program for prison inmates in
1515 this state. Under the program, inmates approaching their release date may apply
1616 to participate in the program, which would allow them to work for certain employers
1717 at the market wage for the position and be treated as any other employee, including
1818 wearing regular clothing to his or her work placement. Program participants may
1919 be housed in county facilities closer to work sites and transported to and from work
2020 sites by the Department of Corrections.
2121 To be eligible to participate in the immersive work opportunity program, an
2222 inmate must have been sentenced to a bifurcated sentence and be within six months
2323 of his or her release to extended supervision; be of low or moderate security risk and
2424 have a behavioral history while incarcerated that indicates that he or she will not be
2525 a danger to the community while released for work; have previously obtained a high
2626 school diploma or a high school equivalency diploma or equivalent general education
2727 development credential; and agree to follow all DOC and program rules while
2828 participating in the program. Additionally, in selecting applicants for the program,
2929 DOC must consider whether the applicant has strong work history or job skills; an
3030 applicant's level of education; an applicant's behavioral history; an applicant's
3131 history of mental health challenges, substance abuse issues, or anger management
3232 need; and the proximity of the work site to the applicant's crime victim.
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3838 For further information see the state and local fiscal estimate, which will be
3939 printed as an appendix to this bill.
4040 The people of the state of Wisconsin, represented in senate and assembly, do
4141 enact as follows:
4242 SECTION 1. 20.410 (1) (gi) of the statutes is amended to read:
4343 20.410 (1) (gi) General operations. The amounts in the schedule to operate
4444 institutions and provide field services and administrative services. All moneys
4545 received under s. 303.01 (8) that are attributable to moneys collected from earnings
4646 of inmates and residents under s. 303.01 (2) (em) and all moneys received under ss.
4747 302.386 (2m) and (3) (d) and, 303.065 (6), and 303.066 (6) (c) shall be credited to this
4848 appropriation account.
4949 SECTION 2. 303.066 of the statutes is created to read:
5050 303.066 Immersive work opportunity program. (1) PROGRAM
5151 DESCRIPTION. In addition to any work release under s. 303.065, the department shall
5252 operate an immersive work opportunity program, the purpose of which is to place
5353 well-qualified persons who are incarcerated within the state prisons into jobs in the
5454 community in which they will be released. Under the program, the department shall
5555 identify private employers that are interested in employing incarcerated persons to
5656 aid in their transition back into society.
5757 (2) ELIGIBILITY FOR PARTICIPATION. (a) Minimum qualifications. To be eligible
5858 for participation in the immersive work opportunity program, an applicant shall, at
5959 a minimum:
6060 1. Have been sentenced to a bifurcated sentence under s. 973.01 and be within
6161 6 months of his or her release to extended supervision under s. 302.113.
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8484 SECTION 2
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8686 2. Be of low or moderate security risk as determined by the department and
8787 have a behavioral history while incarcerated that indicates that he or she will not be
8888 a danger to the community while released for work.
8989 3. Have previously obtained a high school diploma or a high school equivalency
9090 diploma or equivalent general education development credential.
9191 4. Agree to follow all department and program rules while participating in the
9292 program.
9393 (b) Additional factors to be considered. In selecting applicants for participation
9494 in the immersive work opportunity program, the department shall also consider all
9595 of the following factors:
9696 1. Whether the applicant has strong work history or job skills. Factors such
9797 as a strong work history, letters of recommendation from past employers, and
9898 specialized experience in an in-demand industry or trade shall be favored for
9999 program admission.
100100 2. An applicant's level of education. A postsecondary degree or technical
101101 certificate shall be favored for program admission.
102102 3. An applicant's behavior while incarcerated. Demonstrated progression, good
103103 behavior, and other positive proof points as determined by the department shall be
104104 favored for program admission.
105105 4. An applicant's history of mental health challenges, substance abuse issues,
106106 or anger management needs. The presence of any of these challenges, issues, or
107107 needs may not bar the applicant from the program, but unresolved or ongoing
108108 challenges, issues, or needs shall be disfavored for program admission.
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134134 5. The geographic proximity of the work site to the crime victim. An applicant
135135 whose crime victim lives within the geographic scope of employment may be
136136 disfavored for program admission.
137137 (3) SELECTION PROCESS FOR PROGRAM PARTICIPATION. An incarcerated person
138138 interested in participating in the immersive work opportunity program shall apply
139139 to the department. Applications shall be reviewed in 2 stages. In the first stage,
140140 department staff shall screen an application to ensure that the applicant meets the
141141 mandatory qualifications under sub. (2) (a). In the 2nd stage, a selection committee
142142 that consists of one representative of the department's reentry unit and such other
143143 appropriate division of adult institutions and department personnel shall screen the
144144 application by using the factors under sub. (2) (b). If a person's application is selected
145145 after both stages of screening, the department shall notify the person, and the person
146146 may join the program's pool of prospective employees. From this pool, participants
147147 may submit applications, attend interviews, and be hired by participating
148148 employers.
149149 (4) EMPLOYERS. (a) The department shall identify private employers interested
150150 in employing incarcerated individuals under the immersive work opportunity
151151 program that agree to meet all of the following criteria:
152152 1. The employer shall treat the program participant as a typical employee while
153153 also abiding by the unique requirements for hiring an incarcerated person.
154154 2. The employer shall be responsible for supervising the program participant
155155 while on the work site and ensuring they do not leave the site or violate any condition
156156 established by the department.
157157 (b) Private employers identified under par. (a) may join the program's pool of
158158 participating employers. Such employers may solicit applications or resumes from
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188188 program participants, interview program participants, and hire program
189189 participants under an agreement with the department.
190190 (5) TREATMENT OF EMPLOYED PROGRAM PARTICIPANTS. A participant who is
191191 employed under the immersive work opportunity program shall be treated as a
192192 regular employee when he or she is on duty at the work site. He or she shall be
193193 permitted to wear the regular uniform of an employee at that work site and be paid
194194 the market wage for the work he or she is performing.
195195 (6) DISBURSEMENT OF WAGES. Wages earned by program participants under this
196196 section shall be disbursed by the department as follows:
197197 (a) Payment of applicable federal, state, and local taxes.
198198 (b) Twenty percent of what remains after payment of taxes under par. (a) shall
199199 be applied to any fines, fees, or restitution owed by the program participant.
200200 (c) Ten percent of what remains after payment of taxes under par. (a) shall be
201201 credited to the appropriation account under s. 20.410 (1) (gi).
202202 (d) The remaining balance after disbursement under pars. (a) to (c) shall be
203203 deposited into the program participant's department account.
204204 (7) HOUSING AND TRANSPORTATION FOR EMPLOYED PROGRAM PARTICIPANTS. (a)
205205 Housing. The department shall designate and adapt facilities of the state prisons for
206206 the purpose of quartering program participants under this section or it may arrange
207207 and contract for other facilities, including portions of county jails, for inmates
208208 employed in the area at the department's expense. No program participant under
209209 this section may begin employment until such suitable quarters have been provided
210210 in the area of accepted or proffered employment.
211211 (b) Transportation. Transportation to and from the work site shall be
212212 conducted by and at the expense of the department.
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240240 (8) RELEASE OF PROGRAM PARTICIPANTS. A program participant under this section
241241 may be released into his or her county of residence or the county in which he or she
242242 is employed under the immersive work opportunity program under this section.
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