WI
Wisconsin Senate Bill SB461

Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB461 Compare Versions

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33 2023 - 2024 LEGISLATURE
44 2023 SENATE BILL 461
55 September 29, 2023 - Introduced by Senators JAMES, CABRAL-GUEVARA and TAYLOR,
66 cosponsored by Representatives SORTWELL, TITTL, ARMSTRONG, BALDEH,
77 BRANDTJEN, DONOVAN, GOEBEN, GUNDRUM, MICHALSKI, MOSES, MURSAU,
88 PENTERMAN, SCHMIDT and STEFFEN. Referred to Committee on Judiciary and
99 Public Safety.
1010 ***AUTHORS SUBJECT TO CHANGE***
1111 AN ACT to amend 20.410 (1) (gi); and to create 303.066 of the statutes; relating
1212 to: creating an immersive work opportunity program for persons incarcerated
1313 in the state prisons.
1414 Analysis by the Legislative Reference Bureau
1515 This bill creates an immersive work opportunity program for prison inmates in
1616 this state. Under the program, inmates approaching their release date may apply
1717 to participate in the program, which would allow them to work for certain employers
1818 at the market wage for the position and be treated as any other employee, including
1919 wearing regular clothing to his or her work placement. Program participants may
2020 be housed in county facilities closer to work sites and transported to and from work
2121 sites by the Department of Corrections.
2222 To be eligible to participate in the immersive work opportunity program, an
2323 inmate must have been sentenced to a bifurcated sentence and be within six months
2424 of his or her release to extended supervision; be of low or moderate security risk and
2525 have a behavioral history while incarcerated that indicates that he or she will not be
2626 a danger to the community while released for work; have previously obtained a high
2727 school diploma or a high school equivalency diploma or equivalent general education
2828 development credential; and agree to follow all DOC and program rules while
2929 participating in the program. Additionally, in selecting applicants for the program,
3030 DOC must consider whether the applicant has strong work history or job skills; an
3131 applicant's level of education; an applicant's behavioral history; an applicant's
3232 history of mental health challenges, substance abuse issues, or anger management
3333 need; and the proximity of the work site to the applicant's crime victim.
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3838 SENATE BILL 461
3939 For further information see the state and local fiscal estimate, which will be
4040 printed as an appendix to this bill.
4141 The people of the state of Wisconsin, represented in senate and assembly, do
4242 enact as follows:
4343 SECTION 1. 20.410 (1) (gi) of the statutes is amended to read:
4444 20.410 (1) (gi) General operations. The amounts in the schedule to operate
4545 institutions and provide field services and administrative services. All moneys
4646 received under s. 303.01 (8) that are attributable to moneys collected from earnings
4747 of inmates and residents under s. 303.01 (2) (em) and all moneys received under ss.
4848 302.386 (2m) and (3) (d) and, 303.065 (6), and 303.066 (6) (c) shall be credited to this
4949 appropriation account.
5050 SECTION 2. 303.066 of the statutes is created to read:
5151 303.066 Immersive work opportunity program. (1) PROGRAM
5252 DESCRIPTION. In addition to any work release under s. 303.065, the department shall
5353 operate an immersive work opportunity program, the purpose of which is to place
5454 well-qualified persons who are incarcerated within the state prisons into jobs in the
5555 community in which they will be released. Under the program, the department shall
5656 identify private employers that are interested in employing incarcerated persons to
5757 aid in their transition back into society.
5858 (2) ELIGIBILITY FOR PARTICIPATION. (a) Minimum qualifications. To be eligible
5959 for participation in the immersive work opportunity program, an applicant shall, at
6060 a minimum:
6161 1. Have been sentenced to a bifurcated sentence under s. 973.01 and be within
6262 6 months of his or her release to extended supervision under s. 302.113.
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8585 SECTION 2
8686 SENATE BILL 461
8787 2. Be of low or moderate security risk as determined by the department and
8888 have a behavioral history while incarcerated that indicates that he or she will not be
8989 a danger to the community while released for work.
9090 3. Have previously obtained a high school diploma or a high school equivalency
9191 diploma or equivalent general education development credential.
9292 4. Agree to follow all department and program rules while participating in the
9393 program.
9494 (b) Additional factors to be considered. In selecting applicants for participation
9595 in the immersive work opportunity program, the department shall also consider all
9696 of the following factors:
9797 1. Whether the applicant has strong work history or job skills. Factors such
9898 as a strong work history, letters of recommendation from past employers, and
9999 specialized experience in an in-demand industry or trade shall be favored for
100100 program admission.
101101 2. An applicant's level of education. A postsecondary degree or technical
102102 certificate shall be favored for program admission.
103103 3. An applicant's behavior while incarcerated. Demonstrated progression, good
104104 behavior, and other positive proof points as determined by the department shall be
105105 favored for program admission.
106106 4. An applicant's history of mental health challenges, substance abuse issues,
107107 or anger management needs. The presence of any of these challenges, issues, or
108108 needs may not bar the applicant from the program, but unresolved or ongoing
109109 challenges, issues, or needs shall be disfavored for program admission.
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134134 SECTION 2 SENATE BILL 461
135135 5. The geographic proximity of the work site to the crime victim. An applicant
136136 whose crime victim lives within the geographic scope of employment may be
137137 disfavored for program admission.
138138 (3) SELECTION PROCESS FOR PROGRAM PARTICIPATION. An incarcerated person
139139 interested in participating in the immersive work opportunity program shall apply
140140 to the department. Applications shall be reviewed in 2 stages. In the first stage,
141141 department staff shall screen an application to ensure that the applicant meets the
142142 mandatory qualifications under sub. (2) (a). In the 2nd stage, a selection committee
143143 that consists of one representative of the department's reentry unit and such other
144144 appropriate division of adult institutions and department personnel shall screen the
145145 application by using the factors under sub. (2) (b). If a person's application is selected
146146 after both stages of screening, the department shall notify the person, and the person
147147 may join the program's pool of prospective employees. From this pool, participants
148148 may submit applications, attend interviews, and be hired by participating
149149 employers.
150150 (4) EMPLOYERS. (a) The department shall identify private employers interested
151151 in employing incarcerated individuals under the immersive work opportunity
152152 program that agree to meet all of the following criteria:
153153 1. The employer shall treat the program participant as a typical employee while
154154 also abiding by the unique requirements for hiring an incarcerated person.
155155 2. The employer shall be responsible for supervising the program participant
156156 while on the work site and ensuring they do not leave the site or violate any condition
157157 established by the department.
158158 (b) Private employers identified under par. (a) may join the program's pool of
159159 participating employers. Such employers may solicit applications or resumes from
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187187 SECTION 2
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189189 program participants, interview program participants, and hire program
190190 participants under an agreement with the department.
191191 (5) TREATMENT OF EMPLOYED PROGRAM PARTICIPANTS. A participant who is
192192 employed under the immersive work opportunity program shall be treated as a
193193 regular employee when he or she is on duty at the work site. He or she shall be
194194 permitted to wear the regular uniform of an employee at that work site and be paid
195195 the market wage for the work he or she is performing.
196196 (6) DISBURSEMENT OF WAGES. Wages earned by program participants under this
197197 section shall be disbursed by the department as follows:
198198 (a) Payment of applicable federal, state, and local taxes.
199199 (b) Twenty percent of what remains after payment of taxes under par. (a) shall
200200 be applied to any fines, fees, or restitution owed by the program participant.
201201 (c) Ten percent of what remains after payment of taxes under par. (a) shall be
202202 credited to the appropriation account under s. 20.410 (1) (gi).
203203 (d) The remaining balance after disbursement under pars. (a) to (c) shall be
204204 deposited into the program participant's department account.
205205 (7) HOUSING AND TRANSPORTATION FOR EMPLOYED PROGRAM PARTICIPANTS. (a)
206206 Housing. The department shall designate and adapt facilities of the state prisons for
207207 the purpose of quartering program participants under this section or it may arrange
208208 and contract for other facilities, including portions of county jails, for inmates
209209 employed in the area at the department's expense. No program participant under
210210 this section may begin employment until such suitable quarters have been provided
211211 in the area of accepted or proffered employment.
212212 (b) Transportation. Transportation to and from the work site shall be
213213 conducted by and at the expense of the department.
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240240 SECTION 2 SENATE BILL 461
241241 (8) RELEASE OF PROGRAM PARTICIPANTS. A program participant under this section
242242 may be released into his or her county of residence or the county in which he or she
243243 is employed under the immersive work opportunity program under this section.
244244 (END)
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