AB40: Bill Text

AB40,1269,22 950.04 (1v) (nt) To attend a hearing on a petition for modification of a bifurcated sentence and provide a statement concerning modification of the bifurcated sentence, as provided under s. 302.1135 (4) 302.113 (9g) (d).

AB40, s. 3539 Section 3539. 951.01 (3f) of the statutes is amended to read:

AB40,1269,25 951.01 (3f) "Fire department" includes a volunteer fire department and a department under s. 60.553, 61.66, or 62.13 (2e).

AB40, s. 3540 Section 3540. 961.01 (20g) of the statutes is amended to read:

AB40,1270,4 961.01 (20g) "Public housing project" means any housing project or development administered by a housing authority, as defined in s. 560.9801 234.5601 (2).

AB40, s. 3541 Section 3541. 961.36 (1m) of the statutes is amended to read:

AB40,1270,12 961.36 (1m) At the request of the department of regulation and licensing safety and professional services or a board, examining board or affiliated credentialing board in the department of regulation and licensing safety and professional services, the controlled substances board shall provide advice and assistance in matters related to the controlled substances law to the department or to the board, examining board or affiliated credentialing board in the department making the request for advice or assistance.

AB40, s. 3542 Section 3542. 973.01 (3d) of the statutes is repealed.

AB40, s. 3543 Section 3543. 973.01 (4) of the statutes is amended to read:

AB40,1270,21 973.01 (4) Extension No good time; extension or reduction of term of imprisonment. A person sentenced to a bifurcated sentence under sub. (1) shall serve the term of confinement in prison portion of the sentence without reduction for good behavior. The term of confinement in prison portion is subject to extension under s. 302.113 (3) and, if applicable, to reduction under s. 302.045 (3m), 302.05 (3) (c) 2. a., 302.113 (9g), or 973.195 (1r), or adjustment under s. 302.113 (2) (b), 302.1135 (6) (a), or 304.06 (1) or 973.198.

AB40, s. 3544 Section 3544. 973.01 (4m) of the statutes is repealed.

AB40, s. 3545 Section 3545. 973.01 (7) of the statutes is amended to read:

AB40,1271,3 973.01 (7) Discharge No discharge. The department of corrections shall may not discharge a person who is serving a bifurcated sentence from custody, control and supervision when until the person has served the entire bifurcated sentence, as modified under sub. (4m) or s. 302.113 (2) (b) or (9h), 302.1135, or 304.06 (1), if applicable.

AB40, s. 3546 Section 3546. 973.031 of the statutes is repealed.

AB40, s. 3547 Section 3547. 973.045 (1r) (a) (intro.) of the statutes is amended to read:

AB40,1271,7 973.045 (1r) (a) (intro.) The clerk shall record any crime victim and witness surcharge imposed under sub. (1) in 2 parts as follows:

AB40, s. 3548 Section 3548. 973.045 (1r) (a) 2. of the statutes is amended to read:

AB40,1271,10 973.045 (1r) (a) 2. Part B equals $27 $20 for each misdemeanor offense or count and $27 $20 for each felony offense or count.

AB40, s. 3549 Section 3549. 973.045 (1r) (a) 3. of the statutes is created to read:

AB40,1271,13 973.045 (1r) (a) 3. Part C equals $7 for each misdemeanor offense or count and $7 for each felony offense or count.

AB40, s. 3550 Section 3550. 973.045 (2m) of the statutes, as affected by 2009 Wisconsin Act 28, section 3391c, is amended to read:

AB40,1271,18 973.045 (2m) (a) The secretary of administration shall credit to the appropriation account under s. 20.455 (5) (gc) the first $20 of part B of the crime victim and witness surcharge.

AB40,1271,22 (b) The secretary of administration shall credit to the appropriation account under s. 20.455 (5) (g) part A of the crime victim and witness surcharge and any part of part B C of the crime victim and witness surcharge that remains after the secretary of administration complies with par. (a).

AB40, s. 3551 Section 3551. 973.045 (3) (c) of the statutes is created to read:

AB40,1272,3 973.045 (3) (c) The person paying the crime victim and witness surcharge shall pay all of the moneys due under part A and part B before he or she pays any of the moneys due under part C.

AB40, s. 3552 Section 3552. 973.05 (2m) (dg) of the statutes is created to read:

AB40,1272,6 973.05 (2m) (dg) To payment of part C of the crime victim and witness assistance surcharge until paid in full.

AB40, s. 3553 Section 3553. 973.09 (3) (d) of the statutes is repealed.

AB40, s. 3554 Section 3554. 973.195 (1r) (a) of the statutes is amended to read:

AB40,1272,15 973.195 (1r) (a) An Except as provided in s. 973.198, an inmate who is serving a sentence imposed under s. 973.01 before October 1, 2009, for a crime other than a Class B felony may petition the sentencing court to adjust the sentence if the inmate has served at least the applicable percentage of the term of confinement in prison portion of the sentence. If an inmate is subject to more than one sentence imposed under this section, the sentences shall be treated individually for purposes of sentence adjustment under this subsection.

AB40, s. 3555 Section 3555. 973.195 (1r) (j) of the statutes is repealed.

AB40, s. 3556 Section 3556. 973.198 of the statutes is created to read:

AB40,1272,23 973.198 Sentence adjustment; positive adjustment time. (1) Subject to sub. (2), an inmate who is serving a sentence imposed under s. 973.01 on or after October 1, 2009, but before the effective date of this subsection .... [LRB inserts date], and who has earned positive adjustment time under s. 302.113, 2009 stats., or under s. 304.06, 2009 stats., may petition the sentencing court to adjust the sentence under this section.

AB40,1273,4 (2) When the department of corrections determines that an inmate has served the confinement portion of his or her sentence less positive adjustment time earned between October 1, 2009, and the effective date of this subsection .... [LRB inserts date], the inmate may petition the sentencing court to adjust his or her sentence based on the number of days of positive adjustment time the inmate claims that he or she has earned.

AB40,1273,7 (3) Within 60 days of receipt of a petition filed under sub. (2), the sentencing court shall either deny the petition or hold a hearing and issue an order relating to the inmate's sentence adjustment and release to extended supervision.

AB40,1273,10 (4) At the hearing under sub. (3), the court may consider the inmate's conduct in prison, his or her level of risk of reoffending, based on a verified, objective instrument, and the nature of the offense committed by the inmate.

AB40,1273,15 (5) If the court determines that the inmate has earned positive adjustment time, the court may reduce the term of confinement in prison by the amount of time remaining in the term of confinement in prison portion of the sentence, less up to 30 days, and shall lengthen the term of extended supervision so that the total length of the bifurcated sentence originally imposed does not change.

AB40,1273,17 (6) An inmate who submits a petition under this section may not apply for adjustment of the same sentence under s. 973.195.

AB40, s. 3557 Section 3557. 974.07 (4) (b) of the statutes is amended to read:

AB40,1274,2 974.07 (4) (b) Notwithstanding the limitation on the disclosure of mailing addresses from completed information cards submitted by victims under ss. 51.37 (10) (dx), 301.046 (4) (d), 301.048 (4m) (d), 301.38 (4), 302.105 (4), 304.06 (1) (f), 304.063 (4), 938.51 (2), 971.17 (6m) (d), and 980.11 (4), the department of corrections, the earned release review parole commission, and the department of health services shall, upon request, assist clerks of court in obtaining information regarding the mailing address of victims for the purpose of sending copies of motions and notices of hearings under par. (a).

AB40, s. 3558 Section 3558. 976.03 (23) (c) of the statutes is amended to read:

AB40,1274,15 976.03 (23) (c) The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by 2 certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to a judge, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The prosecuting officer, earned release review parole commission, warden or sheriff may also attach such further affidavits and other documents in duplicate as he, she or it deems proper to be submitted with the application. One copy of the application, with the action of the governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, information and affidavits, or of the judgment of conviction or of the sentence shall be filed in the office of the governor to remain of record in that office. The other copies of all papers shall be forwarded with the governor's requisition.

AB40, s. 3559 Section 3559. 977.01 (2) of the statutes is amended to read:

AB40,1274,21 977.01 (2) "Public assistance" means relief provided by counties under s. 59.53 (21), Wisconsin works Works under ss. 49.141 to 49.161, medical assistance under subch. IV of ch. 49, low-income energy assistance under s. 16.27, weatherization assistance under s. 16.26, and the food stamp supplemental nutrition assistance program under 7 USC 2011 to 2029 2036.

AB40, s. 3560 Section 3560. 977.05 (4) (jm) of the statutes is amended to read:

AB40,1275,3 977.05 (4) (jm) At the request of an inmate determined by the state public defender to be indigent or upon referral of the department of corrections a court under s. 302.1135 (10) 302.113 (9g) (j), represent the inmate in proceedings for modification of a bifurcated sentence under s. 302.1135 before the earned release review commission 302.113 (9g) before a program review committee and the sentencing court, if the state public defender determines the case should be pursued.

AB40, s. 3561 Section 3561. 978.05 (6) (b) of the statutes is amended to read:

AB40,1275,7 978.05 (6) (b) Enforce the provisions of all general orders of the department of commerce safety and professional services relating to the sale, transportation and storage of explosives.

AB40, s. 3562 Section 3562. 990.01 (7g) of the statutes is amended to read:

AB40,1275,10 990.01 (7g) Fire chief. "Fire chief" or "chief of a fire department" includes the chief of a department under s. 60.553, 61.66, or 62.13 (2e).

AB40, s. 3563 Section 3563. 990.01 (7m) of the statutes is amended to read:

AB40,1275,13 990.01 (7m) Fire department. "Fire department" includes a department under s. 60.553, 61.66, or 62.13 (2e).

AB40, s. 3564 Section 3564. 990.01 (7r) of the statutes is amended to read:

AB40,1275,16 990.01 (7r) Fire fighter. "Fire fighter" includes a person serving under s. 60.553, 61.66, or 62.13 (2e).

AB40, s. 3565 Section 3565. 990.01 (28g) of the statutes is amended to read:

AB40,1275,19 990.01 (28g) Police chief. "Police chief" or "chief of a police department" includes the chief of a department under s. 60.553, 61.66, or 62.13 (2e).

AB40, s. 3566 Section 3566. 990.01 (28m) of the statutes is amended to read:

AB40,1275,22 990.01 (28m) Police department. "Police department" includes a department under s. 60.553, 61.66, or 62.13 (2e).

AB40, s. 3567 Section 3567. 990.01 (28r) of the statutes is amended to read:

AB40,1275,25 990.01 (28r) Police officer. "Police officer" includes a person serving under s. 60.553, 61.66, or 62.13 (2e).

AB40, s. 3568 Section 3568. 2009 Wisconsin Act 333, section 20 (2) is amended to read:

AB40,1276,11 [2009 Wisconsin Act 333] Section 20 (2) Publish notice in the Wisconsin Administrative Register that funding is not available. If, after making the determination under subsection (1m), the department of children and families determines that federal moneys from the Temporary Assistance for Needy Families Emergency Fund under the American Recovery and Reinvestment Act of 2009 are no longer available to support an expansion of trial jobs under section 49.147 (3) of the statutes, as affected by this act, and the project under section 49.162 of the statutes, as affected by this act, the department shall publish a notice in the Wisconsin Administrative Register that states the date on which the federal moneys may no longer be obtained.

AB40, s. 3569 Section 3569. 2009 Wisconsin Act 333, section 20 (5) is amended to read:

AB40,1276,17 [2009 Wisconsin Act 333] Section 20 (5) Additional funding for programs. If any other federal funding becomes available for the programs program under sections section 49.147 (3) and 49.162 of the statutes, as affected by this act, the department of children and families shall take any actions that may be necessary to obtain the funding and use it for those programs that program.

AB40, s. 3570 Section 3570. 2009 Wisconsin Act 333, section 22 (2) is amended to read:

AB40,1276,23 [2009 Wisconsin Act 333] Section 22 (2) The repeal of sections section 49.147 (3) (cm) and (dm) and 49.162 (3) (am) and (d) of the statutes and the amendment of sections section 49.147 (3) (a) (by Section 4) and 49.162 (3) (a) (by Section 10) of the statutes take effect on the date stated in the notice published by the department of children and families under Section 20 (2) of this act.

AB40, s. 9101 Section 9101. Nonstatutory provisions; Administration.

AB40,1276,25 (1) Youth diversion grant reductions.

AB40,1277,4 (a) Notwithstanding the amount specified under section 16.964 (8) (a) of the statutes, the office of justice assistance in the department of administration shall reduce the amount of money allocated under section 16.964 (8) (a) of the statutes by $85,900 in each of fiscal years 2011-12 and 2012-13.

AB40,1277,8 (b) Notwithstanding the amount specified under section 16.964 (8) (b) of the statutes, the office of justice assistance in the department of administration shall reduce the amount of money distributed under section 16.964 (8) (b) of the statutes by $18,400 in each of fiscal years 2011-12 and 2012-13.

AB40,1277,16 (c) Notwithstanding the amounts specified under section 16.964 (8) (c) of the statutes, the office of justice assistance in the department of administration shall reduce the amount of money allocated for each of the 4 contracts that are funded with moneys from the appropriation accounts under section 20.505 (6) (d) and (kj) of the statutes by $25,650 in each of fiscal years 2011-12 and 2012-13 and shall reduce the amount of money allocated for the contract that is funded only with moneys from the appropriation account under section 20.505 (6) (kj) of the statutes by $18,100 in each of fiscal years 2011-12 and 2012-13.

AB40,1277,24 (2) Literacy initiative; governor's task force. A task force created by the governor by executive order and charged with developing detailed recommendations for a program to assess and improve literacy in elementary school children may request the department of administration to release funding from the department's appropriation account under section 20.505 (4) (c) of the statutes, as created by this act, for use by the department to implement the recommendations of the task force after the governor has approved the detailed recommendations proposed by the task force.

AB40,1277,25 (3) Elimination of office of the Wisconsin Covenant Scholars Program.

AB40,1278,3 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the office of the Wisconsin Covenant Scholars Program shall become the assets and liabilities of the higher educational aids board.

AB40,1278,6 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the office of the Wisconsin Covenant Scholars Program is transferred to the higher educational aids board.

AB40,1278,12 (c) Contracts. All contracts entered into by the office of the Wisconsin Covenant Scholars Program in effect on the effective date of this paragraph remain in effect and are transferred to the higher educational aids board. The higher educational aids board shall carry out any obligations under such a contract until the contract is modified or rescinded by the higher educational aids board to the extent allowed under the contract.

AB40,1278,19 (d) Rules and orders. All rules promulgated by the office of the Wisconsin Covenant Scholars Program that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the higher educational aids board. All orders issued by the office of the Wisconsin Covenant Scholars Program that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the higher educational aids board.

AB40,1278,25 (e) Pending matters. Any matter pending with the office of the Wisconsin Covenant Scholars Program on the effective date of this paragraph is transferred to the higher educational aids board and all materials submitted to or actions taken by the office of the Wisconsin Covenant Scholars Program with respect to the pending matter are considered as having been submitted to or taken by the higher educational aids board.

AB40,1279,2 (4) Elimination of certain vacant positions in the executive branch of state government.

AB40,1279,4 (a) In this subsection, "state agency" means any office, department, or independent agency in the executive branch of state government.

AB40,1279,9 (b) Notwithstanding section 16.505 (1), during the 2011-13 fiscal biennium, the secretary of administration may abolish any full-time equivalent position at any state agency if the position is vacant and if the secretary of administration determines that filling the position is not required for the state agency to carry out its duties and exercise its powers.

AB40, s. 9102 Section 9102. Nonstatutory provisions; Aging and Long-Term Care Board.

AB40, s. 9103 Section 9103. Nonstatutory provisions; Agriculture, Trade and Consumer Protection.

AB40, s. 9104 Section 9104. Nonstatutory provisions; Arts Board.

AB40,1279,20 (1) Elimination of Percent for Art Program. Notwithstanding the repeal of section 44.57 (4) and (5) (a) and (b) of the statutes by this act, any contract entered into by the arts board under section 44.57 (4), 2009 stats., for the procurement of a work of art that is in effect on the day before the effective date of this subsection remains in effect. The arts board shall carry out any obligation under the contract, unless the contract is modified or rescinded as permitted under the contract, and shall ensure that the work of art procured under the contract is properly executed and installed as required under section 44.57 (5) (a) and (b), 2009 stats.

AB40,1279,21 (2) Placement of arts board in department of tourism.

AB40,1279,23 (a) Employee transfers. All incumbent employees holding positions in the arts board are transferred on the effective of this paragraph to the department of tourism.

AB40,1280,6 (b) Employee status. Employees transferred under paragraph (a ) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of tourism that they enjoyed in the arts board immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

AB40, s. 9105 Section 9105. Nonstatutory provisions; Board for People with Developmental Disabilities.