Amendment AA5-ASA1-AB351

ASSEMBLY AMENDMENT 5, TO ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 1997 ASSEMBLY BILL 351

May 28, 1997 - Offered by Representative R. Young.

AB351-ASA1-AA5,1,1 At the locations indicated, amend the substitute amendment as follows:

AB351-ASA1-AA5,1,4 1. Page 3, line 23: delete "granting rule-making authority" and substitute "prison impact assessments, granting rule-making authority, making an appropriation".

AB351-ASA1-AA5,1,5 2. Page 4, line 1: delete that line and substitute:

AB351-ASA1-AA5,1,6 " Section 1g. 13.0975 of the statutes is created to read:

AB351-ASA1-AA5,1,8 13.0975 Prison impact assessments. (1) In this section, "prison" means a state prison described under s. 302.01.

AB351-ASA1-AA5,2,3 (2) The director of state courts shall prepare a prison impact assessment for any bill that creates a felony or modifies the period of imprisonment for a felony. Except as otherwise provided by the joint rules of the legislature, the director shall prepare the assessment within 21 calendar days after the date on which the director receives a copy of a bill under sub. (4) or the date on which the director receives a request to prepare the assessment from the bill requester, whichever occurs first. The assessment shall contain all of the following:

AB351-ASA1-AA5,2,5 (a) Projections of the impact on statewide probationer, prisoner and parolee populations.

AB351-ASA1-AA5,2,8 (b) An estimate of the fiscal impact of population changes under par. (a) on state expenditures, including expenditures for the construction and operation of state prisons for the current fiscal year and the 5 succeeding fiscal years.

AB351-ASA1-AA5,2,11 (c) An analysis of any significant factor, not covered in complying with pars. (a) and (b), affecting the cost of the bill and the factor's impact on prosecutors, the state public defender and courts.

AB351-ASA1-AA5,2,13 (d) A statement of the methodologies and assumptions that the director used in preparing the assessment.

AB351-ASA1-AA5,2,15 (3) The legislature shall reproduce and distribute assessments under sub. (2) in the same manner as it reproduces and distributes amendments.

AB351-ASA1-AA5,2,19 (4) A bill that requires an assessment by the director of state courts under this section shall have that requirement noted on its jacket when the jacket is prepared. When a bill that requires an assessment under this section is introduced, the legislative reference bureau shall submit a copy of the bill to the director.

AB351-ASA1-AA5,2,22 (5) No public hearing before a standing committee may be held and no committee vote may be taken regarding any bill described in sub. (2) unless the assessment under sub. (2) has been prepared.

AB351-ASA1-AA5,3,2 (6) Annually, by March 1, the director of state courts shall submit to the legislature under s. 13.172 (2) a prison impact assessment reflecting the cumulative effect of all relevant changes in the statutes taking effect during the preceding calendar year.

AB351-ASA1-AA5,3,5 (7) The department of corrections shall provide the director of state courts with information on current and past admissions and on length of time served as needed by the director in order to prepare assessments under subs. (2) and (6).

AB351-ASA1-AA5,3,7 (8) The circuit courts shall provide the director of state courts with information to assist the director in preparing assessments under subs. (2) and (6).

AB351-ASA1-AA5,3,9 (9) This section applies to bills introduced or requests for assessments made on or after July 1, 1998.

AB351-ASA1-AA5, s. 1r Section 1r. 19.85 (1) (d) of the statutes is amended to read:".

AB351-ASA1-AA5,3,11 3. Page 99, line 2: after that line insert:

AB351-ASA1-AA5,3,12 " Section 304g. Nonstatutory provisions.

AB351-ASA1-AA5,3,15 (1) Transfer of records. The department of administration shall transfer all records of the sentencing commission to the director of state courts as soon as possible after the effective date of this subsection.

AB351-ASA1-AA5, s. 304r Section 304r. Appropriation changes.

AB351-ASA1-AA5,3,24 (1) Director of state courts. In the schedule under section 20.005 (3) of the statutes for the appropriation to the supreme court under section 20.680 (2) (a) of the statutes, as affected by the acts of 1997, the dollar amount is increased by $126,700 for fiscal year 1997-98 and the dollar amount is increased by $127,100 for fiscal year 1998-99 to increase the authorized FTE positions for the supreme court by 2.0 GPR research analyst positions and 0.5 GPR clerical position for services on behalf of the director of state courts and to provide property, services and supplies for the director of state courts.".

AB351-ASA1-AA5,4,1 4. Page 100, line 2: after that line insert:

AB351-ASA1-AA5,4,4 "(2m)  Prison impact assessments. The treatment of section 13.0975 of the statutes and Sections 304g (1) and 304r (1) of this act take effect on September 1, 1997, or on the day after publication, whichever is later.".

AB351-ASA1-AA5,4,5 (End)