1997 Wisconsin Act 283

283,36 Section 36 . 49.127 (8) (a) 2. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

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 7 years and 6 months or both.

283,37 Section 37 . 49.127 (8) (b) 2. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

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 7 years and 6 months or both.

283,38 Section 38 . 49.127 (8) (c) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

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 30 years or both.

283,39 Section 39 . 49.141 (7) (a) of the statutes is amended to read:

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 7 years and 6 months or both.

283,40 Section 40 . 49.141 (7) (b) of the statutes is amended to read:

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 2 years or both.

283,41 Section 41 . 49.141 (9) (a) of the statutes is amended to read:

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 7 years and 6 months or both.

283,42 Section 42 . 49.141 (9) (b) of the statutes is amended to read:

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 7 years and 6 months or both.

283,43 Section 43 . 49.141 (10) (b) of the statutes is amended to read:

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 7 years and 6 months or both.

283,44 Section 44 . 49.145 (2) (rm) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

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

283,45 Section 45 . 49.32 (10) (a) 2. a. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

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.

283,46 Section 46 . 49.49 (1) (b) 1. of the statutes is amended to read:

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 7 years and 6 months or both.

283,47 Section 47 . 49.49 (2) (a) of the statutes is amended to read:

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 7 years and 6 months or both.

283,48 Section 48 . 49.49 (2) (b) of the statutes is amended to read:

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 7 years and 6 months or both.

283,49 Section 49 . 49.49 (3) of the statutes is amended to read:

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 7 years and 6 months or both.

283,50 Section 50 . 49.49 (3m) (b) of the statutes is amended to read:

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 7 years and 6 months or both.

283,51 Section 51 . 49.49 (4) (b) of the statutes is amended to read:

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 7 years and 6 months or both.

283,52 Section 52 . 49.95 (1) of the statutes is amended to read:

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 7 years and 6 months or both; and if the value of the assistance exceeds $2,500, be punished as prescribed under s. 943.20 (3) (c).

283,53 Section 53 . 51.15 (1) (b) 2. of the statutes is amended to read:

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.

283,54 Section 54. 51.15 (12) of the statutes is amended to read:

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 7 years, and 6 months or both.

283,55 Section 55 . 51.20 (1) (ar) (intro.) of the statutes is amended to read:

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:

283,56 Section 56 . 51.20 (13) (g) 2m. of the statutes is amended to read:

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.

283,57 Section 57 . 51.30 (4) (b) 10. (intro.) of the statutes is amended to read:

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:

283,58 Section 58 . 51.30 (4) (b) 10. a. of the statutes is amended to read:

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.

283,59 Section 59 . 51.30 (4) (b) 10. b. of the statutes is amended to read:

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.

283,60 Section 60 . 51.30 (4) (b) 10. d. of the statutes is amended to read:

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.

283,61 Section 61 . 51.37 (8) (a) of the statutes is amended to read:

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.

283,62 Section 62 . 51.37 (8) (b) of the statutes is amended to read:

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.

283,63 Section 63 . 51.37 (11) of the statutes is amended to read:

51.37 (11) When an individual who is in the custody of or under the supervision of a correctional officer of the department of corrections is transferred, discharged or is on unauthorized absence from a treatment facility, the probation, extended supervision and parole agent or other individual within the department of corrections who is responsible for that individual's supervision shall be notified as soon as possible by the director of the treatment facility.

283,64 Section 64 . 55.06 (11) (am) of the statutes is amended to read:

55.06 (11) (am) Whoever signs a statement under par. (a) knowing the information contained therein to be false may be fined not more than $5,000 or imprisoned for not more than 5 7 years, and 6 months or both.

283,65 Section 65 . 66.4025 (1) (b) of the statutes is amended to read:

66.4025 (1) (b) Any person who secures or assists in securing dwelling accommodations under s. 66.402 by intentionally making false representations in order to receive at least $2,500 but not more than $25,000 in financial assistance for which the person would not otherwise be entitled shall be fined not more than $10,000 or imprisoned for not more than 2 3 years or both.

283,66 Section 66 . 66.4025 (1) (c) of the statutes is amended to read:

66.4025 (1) (c) Any person who secures or assists in securing dwelling accommodations under s. 66.402 by intentionally making false representations in order to receive more than $25,000 in financial assistance for which the person would not otherwise be entitled shall be fined not more than $10,000 or imprisoned for not more than 5 7 years and 6 months or both.

283,67 Section 67 . 69.24 (1) (intro.) of the statutes is amended to read:

69.24 (1) (intro.)  Any person who does any of the following shall be fined not more than $10,000 or imprisoned for not more than 2 3 years or both:

283,68 Section 68 . 70.47 (18) (a) of the statutes is amended to read:

70.47 (18) (a) Whoever with intent to injure or defraud alters, damages, removes or conceals any of the items specified under subs. (8) (f) and (17) may be fined not more than $1,000 or imprisoned for not more than 2 3 years or both.

283,69 Section 69 . 71.83 (2) (b) of the statutes is amended to read:

71.83 (2) (b) Felony. 1. `False income tax return; fraud.' Any person, other than a corporation or limited liability company, who renders a false or fraudulent income tax return with intent to defeat or evade any assessment required by this chapter shall be guilty of a felony and may be fined not to exceed more than $10,000 or imprisoned for not to exceed 5 more than 7 years and 6 months or both, together with the cost of prosecution. In this subdivision, “return" includes a separate return filed by a spouse with respect to a taxable year for which a joint return is filed under s. 71.03 (2) (g) to (L) after the filing of that separate return, and a joint return filed by the spouses with respect to a taxable year for which a separate return is filed under s. 71.03 (2) (m) after the filing of that joint return.

2. `Officer of a corporation; false franchise or income tax return.' Any officer of a corporation or manager of a limited liability company required by law to make, render, sign or verify any franchise or income tax return, who makes any false or fraudulent franchise or income tax return, with intent to defeat or evade any assessment required by this chapter shall be guilty of a felony and may be fined not to exceed more than $10,000 or imprisoned for not to exceed 5 more than 7 years and 6 months or both, together with the cost of prosecution.

3. `Evasion.' Any person who removes, deposits or conceals or aids in removing, depositing or concealing any property upon which a levy is authorized with intent to evade or defeat the assessment or collection of any tax administered by the department may be fined not more than $5,000 or imprisoned for not more than 3 4 years and 6 months or both, together with the costs of prosecution.

4. `Fraudulent claim for credit.' The claimant who filed a claim for credit under s. 71.07, 71.28 or 71.47 or subch. VIII or IX that is false or excessive and was filed with fraudulent intent and any person who assisted in the preparation or filing of the false or excessive claim or supplied information upon which the false or excessive claim was prepared, with fraudulent intent, may be fined not to exceed more than $10,000 or imprisoned for not to exceed 5 more than 7 years and 6 months or both, together with the cost of prosecution.

283,70 Section 70 . 86.192 (4) of the statutes is amended to read:

86.192 (4) Any person who violates this section shall be fined up to not more than $10,000 or imprisoned for not more than 2 3 years, or both fined and imprisoned, if the injury, defacement or removal causes the death of a person.

283,71 Section 71 . 97.43 (4) of the statutes is amended to read:

97.43 (4) Whoever violates this section may be fined not less than $500 nor more than $5,000 or imprisoned for not more than 5 7 years and 6 months or both.

283,72 Section 72 . 97.45 (2) of the statutes is amended to read:

97.45 (2) Whoever violates this section may be fined not less than $500 nor more than $5,000 or imprisoned for not more than 5 7 years , and 6 months or both.

283,73 Section 73 . 100.171 (7) (b) of the statutes, as affected by 1997 Wisconsin Act 111, is amended to read:

100.171 (7) (b) Whoever intentionally violates this section may be fined not more than $10,000 or imprisoned for not more than 2 3 years or both. A person intentionally violates this section if the violation occurs after the department or a district attorney has notified the person by certified mail that the person is in violation of this section.

283,74 Section 74 . 100.26 (2) of the statutes is amended to read:

100.26 (2) Any person violating s. 100.02 shall be guilty of a felony and upon conviction shall be punished by a fine of fined not less than fifty dollars $50 nor more than three thousand dollars, $3,000 or by imprisonment imprisoned for not less than thirty 30 days nor more than three 4 years, and 6 months or both.

283,75 Section 75 . 100.26 (5) of the statutes is amended to read:

100.26 (5) Any person violating s. 100.06 or any order or regulation of the department thereunder, or s. 100.18 (9), shall be fined not less than $100 nor more than $1,000 or imprisoned for not more than one year 2 years or both. Each day of violation constitutes a separate offense.

283,76 Section 76 . 100.26 (7) of the statutes is amended to read:

100.26 (7) Any person violating s. 100.182 shall be fined not less than $500 nor more than $5,000 or imprisoned for not more than one year 2 years or both for each offense. Each unlawful advertisement published, printed or mailed on separate days or in separate publications, hand bills or direct mailings is a separate violation of this section.

283,77 Section 77 . 101.143 (10) (b) of the statutes is amended to read:

101.143 (10) (b) Any owner or operator, person owning a home oil tank system or service provider who intentionally destroys a document that is relevant to a claim for reimbursement under this section may be fined not more than $10,000 or imprisoned for not more than 10 15 years or both.

283,78 Section 78 . 101.94 (8) (b) of the statutes is amended to read:

101.94 (8) (b) Any individual or a director, officer or agent of a corporation who knowingly and wilfully violates this subchapter in a manner which threatens the health or safety of a purchaser shall be fined not more than $1,000 or imprisoned for not more than one year 2 years or both.