Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB862 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	LRB-5063/1
2	2	MJW:skw
3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 862
5	5	December 26, 2023 - Introduced by Senators TAYLOR and L. JOHNSON, cosponsored
6	6	by Representatives MADISON, CLANCY, STUBBS, DRAKE, J. ANDERSON, BALDEH,
7	7	CONLEY, CONSIDINE, EMERSON, JOERS, MOORE OMOKUNDE, PALMERI, SHELTON,
8	8	SINICKI, SUBECK and NEUBAUER. Referred to Committee on Judiciary and
9	9	Public Safety.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to amend 301.30, 303.01 (4), 303.08 (3) and 303.10 (10) of the statutes;
12	12	relating to: minimum wage for all inmates and residents of state correctional
13	13	institutions and county jails or houses of correction and making an
14	14	appropriation.
15	15	Analysis by the Legislative Reference Bureau
16	16	Current law provides that the Department of Corrections sets the rate of pay
17	17	for inmates working in state correctional institutions and the Prison Industries
18	18	Board sets wages for inmates employed by the Bureau of Correctional Enterprises.
19	19	Under current law, BCE employees may be paid an hourly rate plus an incentive
20	20	wage based on productivity in some instances, but wages may not be set at a rate that
21	21	would cause a deficit on operations.
22	22	The bill provides that all inmates and residents that perform labor must be paid
23	23	a wage, and in addition to the standards under current law, provides that no inmate
24	24	or resident of a state correctional institution may be paid a wage that is less than the
25	25	rate for tipped workers, which is currently $2.33 per hour. The bill removes the
26	26	provision that wages may not be set at a rate that would cause a deficit on operations.
27	27	The bill increases all wages established by the Prison Industries Board for
28	28	payment to inmates employed by BCE by $2.33 on the effective date of the bill.
29	29	The bill provides that any prisoner in a county jail or county work camp must
30	30	be paid a wage that is not less than the rate for tipped workers, which is currently
31	31	$2.33 per hour.
32	32	1
33	33	2
34	34	3
35	35	4 - 2 -2023 - 2024 Legislature LRB-5063/1
36	36	MJW:skw
37	37	SENATE BILL 862
38	38	The bill also provides to DOC $58,933,600 in fiscal year 2023-24 and
39	39	$88,400,400 in fiscal year 2024-25 to pay the wages of inmates in state correctional
40	40	institutions and $873,300 in fiscal year 2023-24 and $1,310,000 in fiscal year
41	41	2024-25 to pay the wages of inmates engaged in labor under BCE.
42	42	For further information see the state fiscal estimate, which will be printed as
43	43	an appendix to this bill.
44	44	The people of the state of Wisconsin, represented in senate and assembly, do
45	45	enact as follows:
46	46	SECTION 1. 301.30 of the statutes is amended to read:
47	47	301.30 Inmate wages, allowances and release payments. The
48	48	department may pay a wage or an allowance and a release payment to inmates at
49	49	its institutions. The department shall prescribe the amounts of pay and such hours,
50	50	health and other conditions in connection with employment as are reasonable, but
51	51	all inmates that perform labor shall be paid a wage and the wage or allowance paid
52	52	under this section may not be set at a rate that is less than the hourly rate established
53	53	under s. 104.035 (3) (a) 1. or its equivalent weekly allowance.
54	54	SECTION 2. 303.01 (4) of the statutes is amended to read:
55	55	303.01 (4) WAGE STANDARDS. All inmates and residents that perform labor shall
56	56	be paid a wage that is. The wage that inmates and residents are paid shall be based
57	57	on the productivity of the work the inmates and residents perform. Wages may be
58	58	established at an hourly rate plus an incentive wage based on productivity and
59	59	piecework formulas may be created. However, wages shall, but wages may not be set
60	60	at a rate such as to cause a deficit on operations that is less than the hourly rate
61	61	established under s. 104.035 (3) (a) 1. Changes in inmate and resident wage rate
62	62	schedules may not be made without approval of the prison industries board.
63	63	SECTION 3. 303.08 (3) of the statutes is amended to read:
64	64	1
65	65	2
66	66	3
67	67	4
68	68	5
69	69	6
70	70	7
71	71	8
72	72	9
73	73	10
74	74	11
75	75	12
76	76	13
77	77	14
78	78	15
79	79	16
80	80	17
81	81	18 - 3 -2023 - 2024 Legislature
82	82	LRB-5063/1
83	83	MJW:skw
84	84	SECTION 3
85	85	SENATE BILL 862
86	86	303.08 (3) The sheriff shall endeavor to secure employment or employment
87	87	training for unemployed prisoners under this section. An employer that employs a
88	88	prisoner for work under this section shall pay the prisoner at a rate not less than the
89	89	hourly rate established under s. 104.035 (3) (a) 1. If a prisoner is employed for wages
90	90	or salary or receives unemployment insurance or employment training benefits
91	91	while in custody in the jail, the sheriff shall collect the wages or salary or require the
92	92	prisoner to turn over the wages, salary or benefits in full when received. The sheriff
93	93	shall deposit the wages, salary or benefits in a trust checking account and shall keep
94	94	a ledger showing the status of the account of each prisoner. Such wages or salary are
95	95	not subject to garnishment in the hands of either the employer or the sheriff during
96	96	the prisoner's term, and shall be disbursed only as provided in this section; but for
97	97	tax purposes they are income of the prisoner.
98	98	SECTION 4. 303.10 (10) of the statutes is amended to read:
99	99	303.10 (10) An employer that employs a prisoner for work under this section
100	100	shall pay the prisoner at a rate set by the county board by ordinance, except that such
101	101	rate may not be less than the hourly rate established under s. 104.035 (3) (a) 1.
102	102	SECTION 5.0Nonstatutory provisions.
103	103	(1) Notwithstanding s. 303.01 (4), the inmate and resident wage rate schedules
104	104	established under s. 303.01 (4) shall be increased by $2.33 per hour on the effective
105	105	date of this subsection.
106	106	SECTION 6.0Fiscal changes.
107	107	(1) WAGES OF INMATES OF STATE CORRECTIONAL INSTITUTIONS. In the schedule
108	108	under s. 20.005 (3) for the appropriation to the department of corrections under s.
109	109	20.410 (1) (a), the dollar amount for fiscal year 2023-24 is increased by $58,933,600
110	110	to pay the wages of inmates in state correctional institutions. In the schedule under
111	111	1
112	112	2
113	113	3
114	114	4
115	115	5
116	116	6
117	117	7
118	118	8
119	119	9
120	120	10
121	121	11
122	122	12
123	123	13
124	124	14
125	125	15
126	126	16
127	127	17
128	128	18
129	129	19
130	130	20
131	131	21
132	132	22
133	133	23
134	134	24
135	135	25 - 4 -2023 - 2024 Legislature LRB-5063/1
136	136	MJW:skw
137	137	SECTION 6 SENATE BILL 862
138	138	s. 20.005 (3) for the appropriation to the department of corrections under s. 20.410
139	139	(1) (a), the dollar amount for fiscal year 2024-25 is increased by $88,400,400 to pay
140	140	the wages of inmates in state correctional institutions.
141	141	(2) WAGES OF INMATES UNDER THE BUREAU OF CORRECTIONAL ENTERPRISES. In the
142	142	schedule under s. 20.005 (3) for the appropriation to the department of corrections
143	143	under s. 20.410 (1) (a), the dollar amount for fiscal year 2023-24 is increased by
144	144	$873,300 to pay the wages of inmates engaged in labor under the bureau of
145	145	correctional enterprises. In the schedule under s. 20.005 (3) for the appropriation to
146	146	the department of corrections under s. 20.410 (1) (a), the dollar amount for fiscal year
147	147	2024-25 is increased by $1,310,000 to pay the wages of inmates engaged in labor
148	148	under the bureau of correctional enterprises.
149	149	(END)
150	150	1
151	151	2
152	152	3
153	153	4
154	154	5
155	155	6
156	156	7
157	157	8
158	158	9
159	159	10
160	160	11
161	161	12