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1996 Wisconsin Attorney General Reports and Opinions 1 (1996)

handle is hein.sag/sagwi0023 and id is 1 raw text is: STATE OF WISCONSIN DEPARTMENT OF JUSTICE jAMES E. DOYLE 114 East, State Capitol ATTORNEY GENERAL P.O. Box 7857 Madison, WI 53707-7857 Burneatta L. Bridge 608/266-1221 Deputy Attorney General OAG 1-96 March 7, 1996 Mr. Frank Volpintesta Corporation Counsel Kenosha County Courthouse 912 - 56th Street Kenosha, WI 53140 Dear Mr. Volpintesta: You indicate that Kenosha County is considering contracting with a private security firm to construct and operate a house of correction. Under the proposal being considered, the firm would be required to comply with all state laws and to obtain all necessary construction and training approvals from the Department of Corrections. The county would appoint a superintendent and a small staff for oversight and daily inspection of the facility, but most security and other operations would be managed by the firm for a fixed dollar amount per inmate per day. The county would also continue to operate a county jail under the management and control of the sheriff. The jail would receive inmates not sent to the house of correction. You advise that Kenosha County has a civil service ordinance which is applicable only to deputy sheriffs and which you believe would not apply to any employes of a house of correction. You ask whether a county board is statutorily authorized to contract with a private firm to construct and operate a house of correction under the overall auspices of a county superintendent and a small county staff. You also ask if employes of such a private firm would have arrest powers. In my opinion, while a private security firm could conceivably qualify to construct a house of correction, county employes must perform the incarceration functions associated with operating such facilities. It is therefore unnecessary to answer your second question.

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