AB100-ASA1, s. 2459 11Section 2459. 938.345 (4) of the statutes is created to read:
AB100-ASA1,913,1512 938.345 (4) If the court finds that a juvenile is in need of protection or services
13under s. 938.13 (4), the court, instead of or in addition to any other disposition
14imposed under sub. (1), may place the juvenile in the home of a guardian under s.
1548.977 (2).
AB100-ASA1, s. 2460 16Section 2460. 938.57 (1) (c) of the statutes is amended to read:
AB100-ASA1,914,517 938.57 (1) (c) Provide appropriate protection and services for juveniles in its
18care, including providing services for juveniles and their families in their own homes,
19placing the juveniles in licensed foster homes, licensed treatment foster homes, or
20licensed group homes in this state or another state within a reasonable proximity to
21the agency with legal custody, placing the juveniles in the homes of guardians under
22s. 48.977 (2),
or contracting for services for them by licensed child welfare agencies
23or replacing them in secured correctional facilities, secured child caring institutions,
24or secured group homes in accordance with rules promulgated under ch. 227, except
25that the county department may not purchase the educational component of private

1day treatment programs unless the county department, the school board, as defined
2in s. 115.001 (7), and the state superintendent of public instruction all determine that
3an appropriate public education program is not available. Disputes between the
4county department and the school district shall be resolved by the state
5superintendent of public instruction.
AB100-ASA1, s. 2461 6Section 2461. 938.57 (3) (a) 4. of the statutes is amended to read:
AB100-ASA1,914,97 938.57 (3) (a) 4. Is living in a foster home, treatment foster home, group home,
8or, residential care center for children and youth, or subsidized guardianship home
9under s. 48.62 (5)
.
AB100-ASA1, s. 2462 10Section 2462. 938.78 (2) (h) of the statutes is created to read:
AB100-ASA1,915,311 938.78 (2) (h) Paragraph (a) does not prohibit an agency from entering the
12content of any record kept or information received about an individual in its care or
13legal custody into the statewide automated child welfare information system
14established under s. 46.03 (7) (g). Paragraph (a) also does not prohibit a county
15department under s. 46.215, 46.22, 46.23, 51.42, or 51.437, the department of health
16and family services, the department of corrections, or any other organization that
17has entered into an information sharing and access agreement with one of those
18county departments or departments and that has been approved for access to the
19statewide automated child welfare information system by the department of health
20and family services from having access to information concerning a client of that
21county department, department, or organization under this chapter or ch. 48 or 51
22that is maintained in the statewide automated child welfare information system, if
23necessary to enable the county department, department, or organization to perform
24its duties under this chapter or ch. 48 or 51 or to coordinate the delivery of services
25under this chapter or ch. 48 or 51 to the client. Before entering any information about

1an individual into the statewide automated child welfare information system, the
2agency entering the information shall notify the individual that the information
3entered may be disclosed as provided in this paragraph.
AB100-ASA1, s. 2466 4Section 2466. 944.21 (8) (b) 3. a. of the statutes is amended to read:
AB100-ASA1,915,75 944.21 (8) (b) 3. a. Is a technical college, is a school approved by the educational
6approval board under s. 45.54 38.50 or is a school described in s. 45.54 38.50 (1) (e)
76., 7. or 8.; and
AB100-ASA1, s. 2467 8Section 2467. 948.11 (4) (b) 3. a. of the statutes is amended to read:
AB100-ASA1,915,119 948.11 (4) (b) 3. a. Is a technical college, is a school approved by the educational
10approval board under s. 45.54 38.50 or is a school described in s. 45.54 38.50 (1) (e)
116., 7. or 8.; and
AB100-ASA1, s. 2467c 12Section 2467c. 961.41 (5) (a) of the statutes is amended to read:
AB100-ASA1,915,1513 961.41 (5) (a) When a court imposes a fine for a violation of this section, it shall
14also impose a drug abuse program improvement surcharge under ch. 814 in an
15amount of 50% 75 percent of the fine and penalty surcharge imposed.
AB100-ASA1, s. 2467d 16Section 2467d. 961.41 (5) (c) of the statutes is renumbered 961.41 (5) (c) 1.
17(intro.) and amended to read:
AB100-ASA1,915,2118 961.41 (5) (c) 1. (intro.) All of the following moneys collected from drug
19surcharges under this subsection shall be deposited by the secretary of
20administration in and utilized in accordance with
credited to the appropriation
21account under
s. 20.435 (6) (gb).:
AB100-ASA1, s. 2467g 22Section 2467g. 961.41 (5) (c) 1. of the statutes, as affected by 2005 Wisconsin
23Act .... (this act), is repealed and recreated to read:
AB100-ASA1,915,2524 961.41 (5) (c) 1. Two-thirds of all moneys collected from drug surcharges under
25this subsection shall be credited to the appropriation account under s. 20.435 (6) (gb).
AB100-ASA1, s. 2467gm
1Section 2467gm. 961.41 (5) (c) 1. a. of the statutes is created to read:
AB100-ASA1,916,52 961.41 (5) (c) 1. a. For fiscal year 2005-06, all of the first $1,038,600 collected
3from drug surcharges under this subsection during that fiscal year plus two-thirds
4of all moneys collected in excess of $1,528,600 from drug surcharges under this
5subsection during that fiscal year.
AB100-ASA1, s. 2467h 6Section 2467h. 961.41 (5) (c) 1. b. of the statutes is created to read:
AB100-ASA1,916,107 961.41 (5) (c) 1. b. For fiscal year 2006-07, all of the first $1,044,300 collected
8from drug surcharges under this subsection during that fiscal year plus two-thirds
9of all moneys collected in excess of $1,534,300 from drug surcharges under this
10subsection during that fiscal year.
AB100-ASA1, s. 2467i 11Section 2467i. 961.41 (5) (c) 2. of the statutes is created to read:
AB100-ASA1,916,1412 961.41 (5) (c) 2. All of the following moneys collected from drug surcharges
13under this subsection shall be credited to the appropriation account under s. 20.505
14(6) (ku):
AB100-ASA1,916,1815 a. For fiscal year 2005-06, all of the moneys collected in excess of $1,038,600
16from drug surcharges under this subsection during that fiscal year until the first
17$1,528,600 has been collected plus one-third of all moneys collected in excess of
18$1,528,600 from drug surcharges under this subsection during that fiscal year.
AB100-ASA1,916,2219 b. For fiscal year 2006-07, all of the moneys collected in excess of $1,044,300
20from drug surcharges under this subsection during that fiscal year until the first
21$1,534,300 has been collected plus one-third of all moneys collected in excess of
22$1,534,300 from drug surcharges under this subsection during that fiscal year.
AB100-ASA1, s. 2467k 23Section 2467k. 961.41 (5) (c) 2. of the statutes, as created by 2005 Wisconsin
24Act .... (this act), is repealed and recreated to read:
AB100-ASA1,917,2
1961.41 (5) (c) 2. One-third of all moneys collected from drug surcharges under
2this subsection shall be credited to the appropriation account under s. 20.505 (6) (ku).
AB100-ASA1, s. 2467m 3Section 2467m. 961.472 (5) of the statutes is repealed and recreated to read:
AB100-ASA1,917,54 961.472 (5) The court is not required to enter an order under sub. (2) if any of
5the following applies:
AB100-ASA1,917,76 (a) The court finds that the person is already covered by or has recently
7completed an assessment under this section or a substantially similar assessment.
AB100-ASA1,917,108 (b) The person is participating in a substance abuse treatment program that
9meets the requirements of s. 16.964 (12) (c), as determined by the office of justice
10assistance under s. 16.964 (12) (i).
AB100-ASA1, s. 2467p 11Section 2467p. 967.11 of the statutes is created to read:
AB100-ASA1,917,16 12967.11 Alternatives to prosecution and incarceration; monitoring
13participants.
(1) In this section, "approved substance abuse treatment program"
14means a substance abuse treatment program that meets the requirements of s.
1516.964 (12) (c), as determined by the office of justice assistance under s. 16.964 (12)
16(i).
AB100-ASA1,917,21 17(2) If a county establishes an approved substance abuse treatment program
18and the program authorizes the use of surveillance and monitoring technology or day
19reporting programs, a court or a district attorney may require a person participating
20in an approved substance abuse treatment program to submit to surveillance and
21monitoring technology or a day reporting program as a condition of participation.
AB100-ASA1, s. 2467s 22Section 2467s. 973.032 (6) of the statutes is amended to read:
AB100-ASA1,917,2523 973.032 (6) Credit. Any sentence credit under s. 973.155 (1) or (1m) applies
24toward service of the period under sub. (3) (a) but does not apply toward service of
25the period under sub. (3) (b).
AB100-ASA1, s. 2467x
1Section 2467x. 973.043 of the statutes is created to read:
AB100-ASA1,918,6 2973.043 Drug offender diversion surcharge. (1) If a court imposes a
3sentence or places a person on probation for a crime under ch. 943 that was
4committed on or after the first day of the 3rd month beginning after the effective date
5of this subsection .... [revisor inserts date], the court shall impose a drug offender
6diversion surcharge of $10 for each conviction.
AB100-ASA1,918,10 7(2) After determining the amount due, the clerk of court shall collect and
8transmit the amount to the county treasurer under s. 59.40 (2) (m). The county
9treasurer shall then make payment to the secretary of administration under s. 59.25
10(3) (f) 2.
AB100-ASA1,918,13 11(3) All moneys collected from drug offender diversion surcharges shall be
12credited to the appropriation account under s. 20.505 (6) (ku) and used for the
13purpose of making grants to counties under s. 16.964 (12).
AB100-ASA1,918,17 14(4) If an inmate in a state prison or a person sentenced to a state prison has
15not paid the drug offender diversion surcharge under this section, the department
16shall assess and collect the amount owed from the inmate's wages or other moneys.
17Any amount collected shall be transmitted to the secretary of administration.
AB100-ASA1, s. 2468m 18Section 2468m. 973.045 (1) (intro.) of the statutes is amended to read:
AB100-ASA1,918,2119 973.045 (1) (intro.) On or after October 1, 1983, Except as provided in sub. (1m),
20if a court imposes a sentence or places a person on probation, the court shall impose
21a crime victim and witness assistance surcharge calculated as follows:
AB100-ASA1, s. 2469 22Section 2469. 973.045 (1) (a) of the statutes is amended to read:
AB100-ASA1,918,2323 973.045 (1) (a) For each misdemeanor offense or count, $50 $60.
AB100-ASA1, s. 2470 24Section 2470. 973.045 (1) (b) of the statutes is amended to read:
AB100-ASA1,918,2525 973.045 (1) (b) For each felony offense or count, $70 $85.
AB100-ASA1, s. 2470m
1Section 2470m. 973.045 (1m) of the statutes is created to read:
AB100-ASA1,919,82 973.045 (1m) If a complaint is issued charging a person with a crime for an
3offense that could subject the person to a forfeiture or to prosecution for a crime, the
4prosecutor decides to defer or suspend the criminal prosecution, and as a result the
5person agrees to pay a forfeiture, the court shall impose a crime victim and witness
6assistance surcharge in addition to imposing a forfeiture. The amount of the
7surcharge shall be the amount specified in sub. (1) (a) or (b), depending on the crime
8that the person was charged with in the complaint.
AB100-ASA1, s. 2471 9Section 2471. 973.045 (3) (a) 1. of the statutes is amended to read:
AB100-ASA1,919,1110 973.045 (3) (a) 1. Part A equals $30 $40 for each misdemeanor offense or count
11and $50 $65 for each felony offense or count.
AB100-ASA1, s. 2472 12Section 2472. 973.05 (2m) of the statutes is amended to read:
AB100-ASA1,920,1113 973.05 (2m) Payments under this section shall be applied first to payment of
14the penalty surcharge until paid in full, shall then be applied to the payment of the
15jail surcharge until paid in full, shall then be applied to the payment of part A of the
16crime victim and witness assistance surcharge until paid in full, shall then be
17applied to part B of the crime victim and witness assistance surcharge until paid in
18full, shall then be applied to the crime laboratories and drug law enforcement
19surcharge until paid in full, shall then be applied to the deoxyribonucleic acid
20analysis surcharge until paid in full, shall then be applied to the drug abuse program
21improvement surcharge until paid in full, shall then be applied to the drug offender
22diversion surcharge until paid in full, shall then be applied to payment of the driver
23improvement surcharge until paid in full, shall then be applied to the truck driver
24education surcharge if applicable until paid in full, shall then be applied to payment
25of the domestic abuse surcharge until paid in full, shall then be applied to payment

1of the consumer protection surcharge until paid in full, shall then be applied to
2payment of the natural resources surcharge if applicable until paid in full, shall then
3be applied to payment of the natural resources restitution surcharge until paid in
4full, shall then be applied to the payment of the environmental surcharge if
5applicable until paid in full, shall then be applied to the payment of the wild animal
6protection surcharge if applicable until paid in full, shall then be applied to payment
7of the weapons surcharge until paid in full, shall then be applied to payment of the
8uninsured employer surcharge until paid in full, shall then be applied to payment
9of the enforcement surcharge under s. 253.06 (4) (c), if applicable, until paid in full,
10and shall then be applied to payment of the fine and the costs and fees imposed under
11ch. 814.
AB100-ASA1, s. 2473 12Section 2473. 973.09 (1) (a) of the statutes is amended to read:
AB100-ASA1,920,2113 973.09 (1) (a) Except as provided in par. (c) or if probation is prohibited for a
14particular offense by statute, if a person is convicted of a crime, the court, by order,
15may withhold sentence or impose sentence under s. 973.15 and stay its execution,
16and in either case place the person on probation to the department for a stated period,
17stating in the order the reasons therefor. The court may impose any conditions which
18appear to be reasonable and appropriate. The period of probation may be made
19consecutive to a sentence on a different charge, whether imposed at the same time
20or previously. If the court imposes an increased a term of probation, as authorized
21under sub. (2) (a) 1. or 2. or (b) 2., it shall place its reasons for doing so on the record.
AB100-ASA1, s. 2473e 22Section 2473e. 973.09 (2) (a) 1. of the statutes is renumbered 973.09 (2) (a) 1.
23(intro.) and amended to read:
AB100-ASA1,920,2524 973.09 (2) (a) 1. Except as provided in subd. 2., for any of the following
25misdemeanors, not less than 6 months nor more than 2 years.:
AB100-ASA1, s. 2474d
1Section 2474d. 973.09 (2) (a) 1. a. of the statutes is created to read:
AB100-ASA1,921,32 973.09 (2) (a) 1. a. A misdemeanor that the defendant committed while
3possessing a firearm.
AB100-ASA1, s. 2474g 4Section 2474g. 973.09 (2) (a) 1. b. of the statutes is created to read:
AB100-ASA1,921,65 973.09 (2) (a) 1. b. A misdemeanor that was an act of domestic abuse, as defined
6in s. 968.075 (1) (a).
AB100-ASA1, s. 2474j 7Section 2474j. 973.09 (2) (a) 1. c. of the statutes is created to read:
AB100-ASA1,921,88 973.09 (2) (a) 1. c. A misdemeanor under s. 940.225 (3m) or ch. 948.
AB100-ASA1, s. 2474m 9Section 2474m. 973.09 (2) (a) 1. d. of the statutes is created to read:
AB100-ASA1,921,1210 973.09 (2) (a) 1. d. A misdemeanor under s. 23.33 (4c) or (4p) (e), 30.681, 30.684
11(5), 350.101, 350.104 (5), or 350.17 or a misdemeanor under s. 346.63 to which s.
12973.09 (1) (d) applies.
AB100-ASA1, s. 2475b 13Section 2475b. 973.09 (2) (a) 1m. of the statutes is created to read:
AB100-ASA1,921,1514 973.09 (2) (a) 1m. Except as provided in subd. 2., for Class A misdemeanors not
15covered by subd. 1., not less than 6 months nor more than one year.
AB100-ASA1, s. 2475d 16Section 2475d. 973.09 (2) (a) 1r. of the statutes is created to read:
AB100-ASA1,921,1817 973.09 (2) (a) 1r. Except as provided in subd. 2., for misdemeanors not covered
18by subd. 1. or 1m., not more than one year.
AB100-ASA1, s. 2475g 19Section 2475g. 973.155 (1) (b) of the statutes is amended to read:
AB100-ASA1,921,2420 973.155 (1) (b) The categories in par. (a) and sub. (1m) include custody of the
21convicted offender which is in whole or in part the result of a probation, extended
22supervision or parole hold under s. 302.113 (8m), 302.114 (8m), 304.06 (3), or 973.10
23(2) placed upon the person for the same course of conduct as that resulting in the new
24conviction.
AB100-ASA1, s. 2475m 25Section 2475m. 973.155 (1m) of the statutes is created to read:
AB100-ASA1,922,5
1973.155 (1m) A convicted offender shall be given credit toward the service of
2his or her sentence for all days spent in custody as part of a substance abuse
3treatment program that meets the requirements of s. 16.964 (12) (c), as determined
4by the office of justice assistance under s. 16.964 (12) (i) for any offense arising out
5of the course of conduct that led to the person's placement in that program.
AB100-ASA1, s. 2475r 6Section 2475r. 973.155 (3) of the statutes is amended to read:
AB100-ASA1,922,97 973.155 (3) The credit provided in sub. (1) or (1m) shall be computed as if the
8convicted offender had served such time in the institution to which he or she has been
9sentenced.
AB100-ASA1, s. 2479 10Section 2479. 978.03 (3) of the statutes is amended to read:
AB100-ASA1,922,1611 978.03 (3) Any assistant district attorney under sub. (1), (1m), or (2) must be
12an attorney admitted to practice law in this state and, except as provided in ss. s.
13978.043 and 978.044, may perform any duty required by law to be performed by the
14district attorney. The district attorney of the prosecutorial unit under sub. (1), (1m),
15or (2) may appoint such temporary counsel as may be authorized by the department
16of administration.
AB100-ASA1, s. 2481 17Section 2481. 978.044 of the statutes is repealed.
AB100-ASA1, s. 2484 18Section 2484. 978.05 (4m) of the statutes is amended to read:
AB100-ASA1,922,2119 978.05 (4m) Welfare fraud investigations. Cooperate with the department
20departments of workforce development and health and family services regarding the
21fraud investigation program programs under s. ss. 49.197 (1m) and 49.845 (1).
AB100-ASA1, s. 2485 22Section 2485. 978.05 (8) (b) of the statutes is amended to read:
AB100-ASA1,923,723 978.05 (8) (b) Hire, employ, and supervise his or her staff and, subject to ss. s.
24978.043 and 978.044, make appropriate assignments of the staff throughout the
25prosecutorial unit. The district attorney may request the assistance of district

1attorneys, deputy district attorneys, or assistant district attorneys from other
2prosecutorial units or assistant attorneys general who then may appear and assist
3in the investigation and prosecution of any matter for which a district attorney is
4responsible under this chapter in like manner as assistants in the prosecutorial unit
5and with the same authority as the district attorney in the unit in which the action
6is brought. Nothing in this paragraph limits the authority of counties to regulate the
7hiring, employment, and supervision of county employees.
AB100-ASA1, s. 2490 8Section 2490. 978.13 (1) (d) of the statutes is amended to read:
AB100-ASA1,923,159 978.13 (1) (d) In counties having a population of 500,000 or more, the salary
10and fringe benefit costs of 2 clerk positions providing clerical services to the
11prosecutors in the district attorney's office handling cases involving the unlawful
12possession or use of firearms. The secretary of administration shall pay the amount
13authorized under this subsection to the county treasurer from the appropriation
14under s. 20.475 (1) (f) or (i) pursuant to a voucher submitted by the district attorney
15to the department of administration.
AB100-ASA1, s. 2491 16Section 2491. 978.13 (1m) of the statutes is amended to read:
AB100-ASA1,923,1817 978.13 (1m) The amount paid under sub. (1) (b), (c), and (d) combined may not
18exceed the amount appropriated under s. 20.475 (1) (f) and (i) combined.
AB100-ASA1, s. 2493 19Section 2493. 1997 Wisconsin Act 27, section 9456 (3m) (a), as last affected
20by 2003 Wisconsin Act 48, is repealed.
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