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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 462
September 28, 2023 - Introduced by Representatives SORTWELL, TITTL, ARMSTRONG,
BALDEH, BRANDTJEN, DONOVAN, GOEBEN, GUNDRUM, MICHALSKI, MOSES,
MURSAU, PENTERMAN, SCHMIDT and STEFFEN, cosponsored by Senators JAMES,
CABRAL-GUEVARA and TAYLOR. Referred to Committee on Corrections.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 20.410 (1) (gi); and to create 303.066 of the statutes; relating
to: creating an immersive work opportunity program for persons incarcerated
in the state prisons.
Analysis by the Legislative Reference Bureau
This bill creates an immersive work opportunity program for prison inmates in
this state. Under the program, inmates approaching their release date may apply
to participate in the program, which would allow them to work for certain employers
at the market wage for the position and be treated as any other employee, including
wearing regular clothing to his or her work placement. Program participants may
be housed in county facilities closer to work sites and transported to and from work
sites by the Department of Corrections.
To be eligible to participate in the immersive work opportunity program, an
inmate must have been sentenced to a bifurcated sentence and be within six months
of his or her release to extended supervision; be of low or moderate security risk and
have a behavioral history while incarcerated that indicates that he or she will not be
a danger to the community while released for work; have previously obtained a high
school diploma or a high school equivalency diploma or equivalent general education
development credential; and agree to follow all DOC and program rules while
participating in the program. Additionally, in selecting applicants for the program,
DOC must consider whether the applicant has strong work history or job skills; an
applicant's level of education; an applicant's behavioral history; an applicant's
history of mental health challenges, substance abuse issues, or anger management
need; and the proximity of the work site to the applicant's crime victim.
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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:
SECTION 1. 20.410 (1) (gi) of the statutes is amended to read:
20.410 (1) (gi) General operations. The amounts in the schedule to operate
institutions and provide field services and administrative services. All moneys
received under s. 303.01 (8) that are attributable to moneys collected from earnings
of inmates and residents under s. 303.01 (2) (em) and all moneys received under ss.
302.386 (2m) and (3) (d) and, 303.065 (6), and 303.066 (6) (c) shall be credited to this
appropriation account.
SECTION 2. 303.066 of the statutes is created to read:
303.066 Immersive work opportunity program. (1) PROGRAM
DESCRIPTION. In addition to any work release under s. 303.065, the department shall
operate an immersive work opportunity program, the purpose of which is to place
well-qualified persons who are incarcerated within the state prisons into jobs in the
community in which they will be released. Under the program, the department shall
identify private employers that are interested in employing incarcerated persons to
aid in their transition back into society.
(2) ELIGIBILITY FOR PARTICIPATION. (a) Minimum qualifications. To be eligible
for participation in the immersive work opportunity program, an applicant shall, at
a minimum:
1. Have been sentenced to a bifurcated sentence under s. 973.01 and be within
6 months of his or her release to extended supervision under s. 302.113.
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2. Be of low or moderate security risk as determined by the department and
have a behavioral history while incarcerated that indicates that he or she will not be
a danger to the community while released for work.
3. Have previously obtained a high school diploma or a high school equivalency
diploma or equivalent general education development credential.
4. Agree to follow all department and program rules while participating in the
program.
(b) Additional factors to be considered. In selecting applicants for participation
in the immersive work opportunity program, the department shall also consider all
of the following factors:
1. Whether the applicant has strong work history or job skills. Factors such
as a strong work history, letters of recommendation from past employers, and
specialized experience in an in-demand industry or trade shall be favored for
program admission.
2. An applicant's level of education. A postsecondary degree or technical
certificate shall be favored for program admission.
3. An applicant's behavior while incarcerated. Demonstrated progression, good
behavior, and other positive proof points as determined by the department shall be
favored for program admission.
4. An applicant's history of mental health challenges, substance abuse issues,
or anger management needs. The presence of any of these challenges, issues, or
needs may not bar the applicant from the program, but unresolved or ongoing
challenges, issues, or needs shall be disfavored for program admission.
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5. The geographic proximity of the work site to the crime victim. An applicant
whose crime victim lives within the geographic scope of employment may be
disfavored for program admission.
(3) SELECTION PROCESS FOR PROGRAM PARTICIPATION. An incarcerated person
interested in participating in the immersive work opportunity program shall apply
to the department. Applications shall be reviewed in 2 stages. In the first stage,
department staff shall screen an application to ensure that the applicant meets the
mandatory qualifications under sub. (2) (a). In the 2nd stage, a selection committee
that consists of one representative of the department's reentry unit and such other
appropriate division of adult institutions and department personnel shall screen the
application by using the factors under sub. (2) (b). If a person's application is selected
after both stages of screening, the department shall notify the person, and the person
may join the program's pool of prospective employees. From this pool, participants
may submit applications, attend interviews, and be hired by participating
employers.
(4) EMPLOYERS. (a) The department shall identify private employers interested
in employing incarcerated individuals under the immersive work opportunity
program that agree to meet all of the following criteria:
1. The employer shall treat the program participant as a typical employee while
also abiding by the unique requirements for hiring an incarcerated person.
2. The employer shall be responsible for supervising the program participant
while on the work site and ensuring they do not leave the site or violate any condition
established by the department.
(b) Private employers identified under par. (a) may join the program's pool of
participating employers. Such employers may solicit applications or resumes from
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program participants, interview program participants, and hire program
participants under an agreement with the department.
(5) TREATMENT OF EMPLOYED PROGRAM PARTICIPANTS. A participant who is
employed under the immersive work opportunity program shall be treated as a
regular employee when he or she is on duty at the work site. He or she shall be
permitted to wear the regular uniform of an employee at that work site and be paid
the market wage for the work he or she is performing.
(6) DISBURSEMENT OF WAGES. Wages earned by program participants under this
section shall be disbursed by the department as follows:
(a) Payment of applicable federal, state, and local taxes.
(b) Twenty percent of what remains after payment of taxes under par. (a) shall
be applied to any fines, fees, or restitution owed by the program participant.
(c) Ten percent of what remains after payment of taxes under par. (a) shall be
credited to the appropriation account under s. 20.410 (1) (gi).
(d) The remaining balance after disbursement under pars. (a) to (c) shall be
deposited into the program participant's department account.
(7) HOUSING AND TRANSPORTATION FOR EMPLOYED PROGRAM PARTICIPANTS. (a)
Housing. The department shall designate and adapt facilities of the state prisons for
the purpose of quartering program participants under this section or it may arrange
and contract for other facilities, including portions of county jails, for inmates
employed in the area at the department's expense. No program participant under
this section may begin employment until such suitable quarters have been provided
in the area of accepted or proffered employment.
(b) Transportation. Transportation to and from the work site shall be
conducted by and at the expense of the department.
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(8) RELEASE OF PROGRAM PARTICIPANTS. A program participant under this section
may be released into his or her county of residence or the county in which he or she
is employed under the immersive work opportunity program under this section.
(END)
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