AB296: Bill Text

AB296, s. 16 Section 16. 20.505 (3) (c) of the statutes is repealed.

AB296, s. 17 Section 17. 23.33 (13) (cg) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,12,14 23.33 (13) (cg) Penalties related to causing death or injury; interference with signs and standards. A person who violates sub. (8) (f) 1. shall be fined not more than $10,000 or imprisoned for not more than 2 years or both if the violation causes the death or injury, as defined in s. 30.67 (3) (b), of another person.

AB296, s. 18 Section 18. 26.14 (8) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,12,19 26.14 (8) Any person who intentionally sets fire to the land of another or to a marsh shall be fined not more than $10,000 or imprisoned for not more than 5 years or both.

AB296, s. 19 Section 19. 29.971 (1) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,12,24 29.971 (1) (c) For having fish in his or her possession in violation of this chapter and the value of the fish under par. (d) exceeds $1,000, by a fine of not more than $10,000 or imprisonment for not more than 2 years or both.

AB296, s. 20 Section 20. 29.971 (1m) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,13,5 29.971 (1m) (c) For possessing clams in violation of s. 29.537, if the value of the clams under par. (d) exceeds $1,000, by a fine of not more than $10,000 or imprisonment for not more than 2 years or both.

AB296, s. 21 Section 21. 29.971 (11m) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,13,16 29.971 (11m) (a) For shooting, shooting at, killing, taking, catching or possessing a bear without a valid Class A bear license, or for possessing a bear that does not have a carcass tag attached or possessing a bear during the closed season, by a fine of not less than $1,000 nor more than $2,000 or by imprisonment for not more than 6 months or both for the first violation, or by a fine of not more than $5,000 or imprisonment for not more than one year or both for any subsequent violation, and, in addition, the court shall revoke all hunting approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting approval under this chapter to the person for 3 years.

AB296, s. 22 Section 22. 29.971 (11p) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,13,21 29.971 (11p) (a) For entering the den of a hibernating black bear and harming the bear, by a fine of not more than $10,000 or imprisonment for not more than one year or both.

AB296, s. 23 Section 23. 30.80 (2g) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,14,3 30.80 (2g) (b) Shall be fined not less than $300 nor more than $5,000 or imprisoned for not more than one year or both if the accident involved injury to a person but the person did not suffer great bodily harm.

AB296, s. 24 Section 24. 30.80 (2g) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,14,8 30.80 (2g) (c) Shall be fined not more than $10,000 or imprisoned for not more than 2 years or both if the accident involved injury to a person and the person suffered great bodily harm.

AB296, s. 25 Section 25. 30.80 (2g) (d) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,14,12 30.80 (2g) (d) Shall be fined not more than $10,000 or imprisoned for not more than 5 years or both if the accident involved death to a person.

AB296, s. 26 Section 26. 30.80 (3m) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,14,16 30.80 (3m) Any person violating s. 30.547 (1), (3) or (4) shall be fined not more than $5,000 or imprisoned not more than 5 years or both.

AB296, s. 27 Section 27. 36.25 (6) (d) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,15,2 36.25 (6) (d) Any officer, agent, clerk or employe of the survey or department of revenue who makes known to any person except the officers of the survey or department of revenue, in any manner, any information given to such person in the discharge of such person's duties under par. (c), which information was given to such person with the request that it not be made known, upon conviction thereof, shall be fined not less than $50 nor more than $500 or imprisoned for not less than one month nor more than 2 years. This paragraph shall not prevent the use for assessment purposes of any information obtained under this subsection.

AB296, s. 28 Section 28. 46.21 (1) (d) of the statutes is amended to read:

AB296,15,11 46.21 (1) (d) "Human services" means the total range of services to people, including mental illness treatment, developmental disabilities services, physical disabilities services, relief funded by a relief block grant under ch. 49, income maintenance, youth probation, extended supervision and parole services, alcohol and drug abuse services, services to children, youth and families, family counseling, early intervention services for children from birth to the age of 3 and manpower services. "Human services" does not include child welfare services under s. 48.48 (17) administered by the department in a county having a population of 500,000 or more.

AB296, s. 29 Section 29. 46.23 (2) (a) of the statutes is amended to read:

AB296,15,18 46.23 (2) (a) "Human services" means the total range of services to people including, but not limited to, health care, mental illness treatment, developmental disabilities services, relief funded by a block grant under ch. 49, income maintenance, probation, extended supervision and parole services, alcohol and drug abuse services, services to children, youth and aging, family counseling, special education services and manpower services.

AB296, s. 30 Section 30. 46.48 (8) (d) 1. of the statutes is amended to read:

AB296,15,24 46.48 (8) (d) 1. The use of liaisons to meet with prospective program participants to provide information about the program and to assist program participants, prior to their release on extended supervision or parole, in planning for and obtaining the housing, employment, education and treatment that they will need upon release.

AB296, s. 31 Section 31. 47.03 (3) (d) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,16,4 47.03 (3) (d) Any person who violates this subsection shall be fined not more than $1,000 or imprisoned for not more than one year or both.

AB296, s. 32 Section 32. 48.78 (2) (d) 5. of the statutes is amended to read:

AB296,16,7 48.78 (2) (d) 5. On parole under s. 302.11 or ch. 304 or on extended supervision under s. 302.113 or 302.114.

AB296, s. 33 Section 33. 49.124 (6) of the statutes is amended to read:

AB296,16,12 49.124 (6) Ineligibility for fugitive felons. No person is eligible for the food stamp program in a month in which that person is a fugitive felon under 7 USC 2015 (k) (1) or is violating a condition of probation, extended supervision or parole imposed by a state or federal court.

AB296, s. 34 Section 34. 49.127 (8) (a) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,16,17 49.127 (8) (a) 2. If the value of the food coupons exceeds $100, but is less than $5,000, a person who violates this section may be fined not more than $10,000 or imprisoned for not more than 5 years or both.

AB296, s. 35 Section 35. 49.127 (8) (b) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,16,22 49.127 (8) (b) 2. If the value of the food coupons exceeds $100, but is less than $5,000, a person who violates this section may be fined not more than $10,000 or imprisoned for not more than 5 years or both.

AB296, s. 36 Section 36. 49.127 (8) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,17,3 49.127 (8) (c) For any offense under this section, if the value of the food coupons is $5,000 or more, a person who violates this section may be fined not more than $250,000 or imprisoned for not more than 20 years or both.

AB296, s. 37 Section 37. 49.141 (7) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,17,9 49.141 (7) (a) A person who is convicted of violating sub. (6) in connection with the furnishing by that person of items or services for which payment is or may be made under Wisconsin works may be fined not more than $25,000 or imprisoned for not more than 5 years or both.

AB296, s. 38 Section 38. 49.141 (7) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,17,14 49.141 (7) (b) A person, other than a person under par. (a), who is convicted of violating sub. (6) may be fined not more than $10,000 or imprisoned for not more than one year or both.

AB296, s. 39 Section 39. 49.141 (9) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,17,24 49.141 (9) (a) Whoever solicits or receives any remuneration in cash or in-kind, in return for referring an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under Wisconsin works, or in return for purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing, or ordering any good, facility, service or item for which payment may be made in whole or in part under Wisconsin works, may be fined not more than $25,000 or imprisoned for not more than 5 years or both.

AB296, s. 40 Section 40. 49.141 (9) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,18,10 49.141 (9) (b) Whoever offers or pays any remuneration in cash or in-kind to any person to induce the person to refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under Wisconsin works, or to purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any good, facility, service or item for which payment may be made in whole or in part under any provision of Wisconsin works, may be fined not more than $25,000 or imprisoned for not more than 5 years or both.

AB296, s. 41 Section 41. 49.141 (10) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,18,14 49.141 (10) (b) A person who violates this subsection may be fined not more than $25,000 or imprisoned for not more than 5 years or both.

AB296, s. 42 Section 42. 49.145 (2) (rm) of the statutes is amended to read:

AB296,18,17 49.145 (2) (rm) The individual is not violating a condition of probation, extended supervision or parole imposed under federal or state law.

AB296, s. 43 Section 43. 49.32 (10) (a) 2. a. of the statutes is amended to read:

AB296,18,22 49.32 (10) (a) 2. a. That the recipient or participant is a fugitive felon under 42 USC 608 (a) (9), is violating a condition of probation, extended supervision or parole imposed under state or federal law or has information that is necessary for the officer to conduct the official duties of the officer.

AB296, s. 44 Section 44. 49.49 (1) (b) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,19,5 49.49 (1) (b) 1. In the case of such a statement, representation, concealment, failure, or conversion by any person in connection with the furnishing by that person of items or services for which medical assistance is or may be made, a person convicted of violating this subsection may be fined not more than $25,000 or imprisoned for not more than 5 years or both.

AB296, s. 45 Section 45. 49.49 (2) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,19,16 49.49 (2) (a) Solicitation or receipt of remuneration. Any person who solicits or receives any remuneration, including any kickback, bribe, or rebate, directly or indirectly, overtly or covertly, in cash or in-kind, in return for referring an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under a medical assistance program, or in return for purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing, or ordering any good, facility, service or item for which payment may be made in whole or in part under a medical assistance program, may be fined not more than $25,000 or imprisoned for not more than 5 years or both.

AB296, s. 46 Section 46. 49.49 (2) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,20,2 49.49 (2) (b) Offer or payment of remuneration. Whoever offers or pays any remuneration including any kickback, bribe, or rebate directly or indirectly, overtly or covertly, in cash or in-kind to any person to induce such person to refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under a medical assistance program, or to purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any good, facility, service or item for which payment may be made in whole or in part under a medical assistance program, may be fined not more than $25,000 or imprisoned for not more than 5 years or both.

AB296, s. 47 Section 47. 49.49 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,20,12 49.49 (3) Fraudulent certification of facilities. No person may knowingly and wilfully make or cause to be made, or induce or seek to induce the making of, any false statement or representation of a material fact with respect to the conditions or operation of any institution or facility in order that such institution or facility may qualify either upon initial certification or upon recertification as a hospital, skilled nursing facility, intermediate care facility or home health agency. Violators of this subsection may be fined not more than $25,000 or imprisoned for not more than 5 years or both.

AB296, s. 48 Section 48. 49.49 (3m) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,20,16 49.49 (3m) (b) A person who violates this subsection may be fined not more than $25,000 or imprisoned for not more than 5 years or both.

AB296, s. 49 Section 49. 49.49 (4) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,20,20 49.49 (4) (b) A person who violates this subsection may be fined not more than $25,000 or imprisoned for not more than 5 years or both.

AB296, s. 50 Section 50. 49.95 (1) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,21,6 49.95 (1) Any person who, with intent to secure public assistance under this chapter, whether for himself or herself or for some other person, wilfully makes any false representations may, if the value of the assistance so secured does not exceed $300, be required to forfeit not more than $1,000; if the value of the assistance exceeds $300 but does not exceed $1,000, be fined not more than $250 or imprisoned for not more than 6 months or both; if the value of the assistance exceeds $1,000 but does not exceed $2,500, be fined not more than $500 or imprisoned for not more than 5 years or both; and if the value of the assistance exceeds $2,500, be punished as prescribed under s. 943.20 (3) (c).

AB296, s. 51 Section 51. 51.15 (1) (b) 2. of the statutes is amended to read:

AB296,21,12 51.15 (1) (b) 2. A specific recent overt act or attempt or threat to act or omission by the individual which is reliably reported to the officer or person by any other person, including any probation, extended supervision and parole agent authorized by the department of corrections to exercise control and supervision over a probationer, or parolee or person on extended supervision.

AB296, s. 52 Section 52. 51.15 (12) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,21,17 51.15 (12) Penalty. Whoever signs a statement under sub. (4), (5) or (10) knowing the information contained therein to be false may be fined not more than $5,000 or imprisoned for not more than 5 years or both.

AB296, s. 53 Section 53. 51.20 (1) (ar) (intro.) of the statutes is amended to read:

AB296,22,8 51.20 (1) (ar) (intro.) If the individual is an inmate of a state prison, the petition may allege that the inmate is mentally ill, is a proper subject for treatment and is in need of treatment. The petition shall allege that appropriate less restrictive forms of treatment have been attempted with the individual and have been unsuccessful and it shall include a description of the less restrictive forms of treatment that were attempted. The petition shall also allege that the individual has been fully informed about his or her treatment needs, the mental health services available to him or her and his or her rights under this chapter and that the individual has had an opportunity to discuss his or her needs, the services available to him or her and his or her rights with a licensed physician or a licensed psychologist. The petition shall include the inmate's sentence and his or her expected date of release as determined under s. 302.11 or 302.113, whichever is applicable. The petition shall have attached to it a signed statement by a licensed physician or a licensed psychologist of a state prison and a signed statement by a licensed physician or a licensed psychologist of a state treatment facility attesting either of the following:

AB296, s. 54 Section 54. 51.20 (13) (g) 2m. of the statutes is amended to read:

AB296,22,13 51.20 (13) (g) 2m. In addition to the provisions under subds. 1., 2. and 2g., no commitment ordered under par. (a) 4. or 4m. may continue beyond the inmate's date of release on parole or extended supervision, as determined under s. 302.11 or 302.113, whichever is applicable.

AB296, s. 55 Section 55. 51.30 (4) (b) 10. (intro.) of the statutes is amended to read:

AB296,23,2 51.30 (4) (b) 10. (intro.) To a correctional facility or to a probation, extended supervision and parole agent who is responsible for the supervision of an individual who is receiving inpatient or outpatient evaluation or treatment under this chapter in a program that is operated by, or is under contract with, the department or a county department under s. 51.42 or 51.437, or in a treatment facility, as a condition of the probation, extended supervision and parole supervision plan, or whenever such an individual is transferred from a state or local correctional facility to such a treatment program and is then transferred back to the correctional facility. Every probationer, or parolee or person on extended supervision who receives evaluation or treatment under this chapter shall be notified of the provisions of this subdivision by the individual's probation, extended supervision and parole agent. Release of records under this subdivision is limited to:

AB296, s. 56 Section 56. 51.30 (4) (b) 10. a. of the statutes is amended to read:

AB296,23,5 51.30 (4) (b) 10. a. The report of an evaluation which is provided pursuant to the written probation, extended supervision and parole supervision plan.

AB296, s. 57 Section 57. 51.30 (4) (b) 10. b. of the statutes is amended to read:

AB296,23,9 51.30 (4) (b) 10. b. The discharge summary, including a record or summary of all somatic treatments, at the termination of any treatment which is provided as part of the probation, extended supervision and parole supervision plan.

AB296, s. 58 Section 58. 51.30 (4) (b) 10. d. of the statutes is amended to read:

AB296,23,18 51.30 (4) (b) 10. d. Any information necessary to establish, or to implement changes in, the individual's treatment plan or the level and kind of supervision on probation, extended supervision or parole, as determined by the director of the facility or the treatment director. In cases involving a person transferred back to a correctional facility, disclosure shall be made to clinical staff only. In cases involving a person on probation, extended supervision or parole, disclosure shall be made to a probation, extended supervision and parole agent only. The department shall promulgate rules governing the release of records under this subdivision.

AB296, s. 59 Section 59. 51.37 (8) (a) of the statutes is amended to read:

AB296,24,4 51.37 (8) (a) Rights to reexamination under s. 51.20 (16) apply to a prisoner or inmate who is found to be mentally ill or drug dependent except that the petition shall be made to the court that made the finding or, if the prisoner or inmate is detained by transfer, to the circuit court of the county in which he or she is detained. If upon rehearing it is found that the standards for recommitment under s. 51.20 (13) (g) no longer apply to the prisoner or inmate or that he or she is not in need of psychiatric or psychological treatment, the prisoner or inmate shall be returned to the prison or county jail or house of correction unless it is past his or her release date as determined under s. 302.11 or 302.113, whichever is applicable, in which case he or she shall be discharged.

AB296, s. 60 Section 60. 51.37 (8) (b) of the statutes is amended to read:

AB296,24,19 51.37 (8) (b) If the condition of any prisoner or inmate committed or transferred under this section requires psychiatric or psychological treatment after his or her date of release as determined under s. 302.11 or 302.113, whichever is applicable, the director of the state treatment facility shall, within a reasonable time before the release date of the prisoner or inmate, make a written application to the court which committed the prisoner or inmate under sub. (5) (a). Thereupon, the proceeding shall be upon application made under s. 51.20, but no physician or psychologist who is connected with a state prison, Winnebago or Mendota mental health institute or any county jail or house of correction may be appointed as an examiner. If the court does not commit the prisoner or inmate, it may dismiss the application and order the prisoner or inmate returned to the institution from which he or she was transferred until the release date of the prisoner or inmate. If the court commits the prisoner or inmate for the period commencing upon his or her release date, the commitment shall be to the care and custody of the county department under s. 51.42 or 51.437.