AB100-engrossed,1849,65
(c) A description of the actions taken or proposed to be taken to correct the
6violations.
AB100-engrossed,1849,87
(d) A commitment to correct the violations within 90 days of submitting the
8report or within a compliance schedule approved by the department.
AB100-engrossed,1849,159
(e) If the participant proposes to take more than 90 days to correct the
10violations, a proposed compliance schedule that contains the shortest reasonable
11periods for correcting the violations, a statement that justifies the proposed
12compliance schedule, a description of measures that the participant will take to
13minimize the effects of the violations during the period of the compliance schedule
14and proposed stipulated penalties if the participant violates the compliance
15schedule.
AB100-engrossed,1849,1716
(f) A description of the measures that the participant has taken or will take to
17prevent future violations.
AB100-engrossed,1850,4
18(13) Compliance schedules. (a) If the department receives a report under sub.
19(12) that contains a proposed compliance schedule under sub. (12) (e), the
20department shall review the proposed compliance schedule. The department may
21approve the compliance schedule as submitted or propose a different compliance
22schedule. If the participant does not agree to implement a compliance schedule
23proposed by the department, the department shall schedule a meeting with the
24participant to attempt to reach an agreement on a compliance schedule. If the
25department and the participant do not reach an agreement on a compliance
1schedule, the department shall initiate the procedure under sub. (7) (c) 2. to revoke
2the cooperative agreement. If the parties agree to a compliance schedule, the
3department shall amend the cooperative agreement to incorporate the compliance
4schedule.
AB100-engrossed,1850,85
(b) The department may not approve a compliance schedule that extends longer
6than 12 months beyond the date of approval of the compliance schedule. The
7department shall consider the following factors in determining whether to approve
8a compliance schedule:
AB100-engrossed,1850,99
1. The environmental and public health consequences of the violations.
AB100-engrossed,1850,1210
2. The time needed to implement a change in raw materials or method of
11production if that change is an available alternative to other methods of correcting
12the violations.
AB100-engrossed,1850,1413
3. The time needed to purchase any equipment or supplies that are needed to
14correct the violations.
AB100-engrossed,1850,18
15(14) Deferred civil enforcement. (a) 1. This state may not commence a civil
16action to collect forfeitures for violations at a facility covered by a cooperative
17agreement that are disclosed in a report that meets the requirements of sub. (12) for
18at least 90 days after the department receives the report.
AB100-engrossed,1850,2219
2. If the participant corrects violations that are disclosed in a report that meets
20the requirements of sub. (12) within 90 days after the department receives a report
21that meets the requirements of sub. (12), this state may not commence a civil action
22to collect forfeitures for the violations.
AB100-engrossed,1851,423
3. This state may not commence a civil action to collect forfeitures for violations
24covered by a compliance schedule that is approved under sub. (13) during the period
25of the compliance schedule if the participant is not violating the compliance schedule.
1If the participant violates the compliance schedule, the department may collect the
2stipulated penalties in the compliance schedule or may revoke the cooperative
3agreement. After the department revokes a cooperative agreement, this state may
4commence civil action to collect forfeitures for the violations.
AB100-engrossed,1851,75
4. If the department approves a compliance schedule under sub. (13) and the
6participant corrects the violations according to the compliance schedule, this state
7may not commence a civil action to collect forfeitures for the violations.
AB100-engrossed,1851,98
(b) Notwithstanding par. (a), this state may at any time commence a civil action
9to collect forfeitures for violations if any of the following apply:
AB100-engrossed,1851,1110
1. The violations present an imminent threat to public health or the
11environment or may cause serious harm to public health or the environment.
AB100-engrossed,1851,1312
2. The department discovers the violations before submission of a report under
13sub. (12).
AB100-engrossed,1851,16
14(15) Access to records. (a) Except as provided in par. (b), the department shall
15make any record, report or other information obtained in the administration of this
16section available to the public.
AB100-engrossed,1851,2217
(b) The department shall keep confidential any part of a record, report or other
18information obtained in the administration of this section, other than emission data,
19discharge data or information contained in a cooperative agreement, upon a showing
20satisfactory to the department by any person that the part of a record, report or other
21information would, if made public, divulge a method or process that is entitled to
22protection as a trade secret, as defined in s. 134.90 (1) (c), of that person.
AB100-engrossed,1852,323
(c) If the department refuses to release information on the grounds that it is
24confidential under par. (b) and a person challenges that refusal, the department shall
25inform the applicant or participant of that challenge. Unless the applicant or
1participant authorizes the department to release the information, the applicant or
2participant shall pay the reasonable costs incurred by this state to defend the refusal
3to release the information.
AB100-engrossed,1852,94
(d) Paragraph (b) does not prevent the disclosure of any information to a
5representative of the department for the purpose of administering this section or to
6an officer, employe or authorized representative of the federal government for the
7purpose of administering federal law. When the department provides information
8that is confidential under par. (b) to the federal government, the department shall
9also provide a copy of the application for confidential status.
AB100-engrossed,1852,15
10(16) Reports concerning the program under this section. (a) Beginning not
11later than the first day of the 13th month beginning after the effective date of this
12paragraph .... [revisor inserts date], the secretary of natural resources shall submit
13an annual progress report on the program under this section to the governor, the
14environmental performance council and, under s. 13.172 (3), the standing
15committees of the legislature with jurisdiction over environmental matters.
AB100-engrossed,1852,2116
(b) Not later than the first day of the 48th month beginning after the effective
17date of this paragraph .... [revisor inserts date], the secretary of natural resources
18shall submit a report to the governor, the environmental performance council and,
19under s. 13.172 (2) the legislature on the success of the program under this section.
20The report shall include recommendations concerning the continuation of the
21program under this section and any changes that should be made to the program.
AB100-engrossed,1852,2523
301.01
(4) "State correctional institution" means a state prison under s. 302.01
24or a secured correctional facility, as defined in s. 938.02 (15m)
, other than the
25Mendota Juvenile Treatment Center.
AB100-engrossed,1853,83
301.03
(10) (d) Administer the
office of juvenile offender review
program in the
4division of juvenile corrections in the department. The
program office shall be
5responsible for decisions regarding case planning
and
, the release of juvenile
6offenders from juvenile correctional institutions to aftercare
and corrective sanctions 7placements
and the transfer of juveniles to the Racine youthful offender correctional
8facility named in s. 302.01 as provided in s. 938.357 (4) (d).
AB100-engrossed,1853,1210
301.03
(10) (e) Provide educational programs in all secured correctional
11facilities, as defined in s. 938.02 (15m)
, other than the Mendota Juvenile Treatment
12Center.
AB100-engrossed,1853,1614
301.03
(10) (f) Provide health services and psychiatric services for residents of
15all secured correctional facilities, as defined in s. 938.02 (15m)
, other than the
16Mendota Juvenile Treatment Center.
AB100-engrossed,1853,2018
301.03
(13) Annually notify each person who has been discharged from
19probation or parole and who owed any supervision fees at the time of discharge of any
20supervision fees owed by the person to the department.
AB100-engrossed,1853,2422
301.031
(2r) (a) 4. Is for inpatient treatment in excess of an average of 21 days,
23as provided in s. 51.423 (12), excluding care for patients at
the centers a center for
24the developmentally disabled.
AB100-engrossed,1854,3
1301.048
(7) Reimbursement. The department shall provide reimbursement to
2counties and others for the actual costs incurred under sub. (3), as authorized by the
3department, from the appropriations under s. 20.410 (1) (ab) and
(ai) (b).
AB100-engrossed,1854,8
5301.07 (title)
Cooperation and contracts with federal government. The
6department may cooperate with the federal government in carrying out federal acts
7concerning adult corrections and youth corrections
and may enter into contracts with
8the federal government under 18 USC 5003.
AB100-engrossed,1854,1411
301.08
(1) (c) 2. Beginning on January 1, 1996, the department may contract
12with public, private or voluntary vendors for the supervision
or for any component
13of the supervision of probationers and parolees who are under minimum supervision
14or administrative supervision.
The
AB100-engrossed,1854,17
153. Except as provided in subd. 3m., a contract
under subd. 2. shall authorize
16any such a vendor to charge a fee to probationers and parolees sufficient to cover the
17cost of supervision and administration of the contract.
AB100-engrossed,1854,20
184. If the department collects any moneys from a vendor under
the a contract
19under subd. 2., the department shall credit those moneys to the appropriation
20account under s. 20.410 (1) (ge).
AB100-engrossed,1854,24
215. The department shall promulgate rules for fees, collections, reporting and
22verification regarding probationers and parolees supervised by
the a vendor
who
23contracts with the department under subd. 2. and shall promulgate rules defining
24"administrative supervision" and "minimum supervision".
AB100-engrossed,1855,4
1301.08
(1) (c) 3m. A contract under subd. 2. shall permit the department to
2prohibit a vendor from charging a fee to a probationer or parolee who is supervised
3under the contract if the probationer or parolee demonstrates that he or she is unable
4to pay the fee because of any of the following:
AB100-engrossed,1855,65
a. The probationer or parolee is undergoing treatment approved by the
6department and is unable to work.
AB100-engrossed,1855,97
b. The probationer or parolee has a statement from a physician certifying to the
8department that the probationer or parolee should be excused from working for
9medical reasons.
AB100-engrossed,1855,1211
301.08
(3) Notification concerning plans for transitional housing. (a) In
12this subsection, "political subdivision" means a city, village, town or county.
AB100-engrossed,1855,1513
(b) Before contracting under this section for transitional housing for the
14temporary placement of persons on parole or probation, the department shall notify
15all of the following of the proposed contract:
AB100-engrossed,1855,1716
1. The police department of the political subdivision in which the transitional
17housing will be located.
AB100-engrossed,1855,1818
2. The sheriff for the county in which the transitional housing will be located.
AB100-engrossed,1855,2019
3. The chief elected official of the political subdivision in which the transitional
20housing will be located.
AB100-engrossed,1855,2421
4. The newspaper designated as the official newspaper of the political
22subdivision in which the transitional housing will be located, or, if there is no
23designated official newspaper, a newspaper published or having general circulation
24in the political subdivision and eligible under s. 985.03 as an official newspaper.
AB100-engrossed,1856,3
1(c) A person notified under par. (b) of a proposed contract for transitional
2housing shall notify the general public of the proposed contract in a manner and to
3the extent that the person determines is appropriate.
AB100-engrossed,1856,136
301.16
(1r) In addition to the institutions under sub. (1), the department shall
7establish a medium security correctional institution for persons 15 years of age or
8over, but not more than 21 years of age, who have been placed in a state prison under
9s. 302.01. The medium security correctional institution under this subsection shall
10be known as the Racine Youthful Offender Correctional Facility and shall be located
11at the intersection of Albert Street and North Memorial Drive in the city of Racine.
12The department shall limit the number of prisoners who may be placed at the Racine
13Youthful Offender Correctional Facility to no more than 400 at any one time.
AB100-engrossed,1856,1615
301.18
(1) (by) Provide the facilities necessary for the Racine Youthful Offender
16Correctional Facility under s. 301.16 (1r).
AB100-engrossed,1856,19
18301.21 (title)
Contracts with for the transfer and confinement of
19Wisconsin prisoners in other states.
AB100-engrossed, s. 3830m
20Section 3830m. 301.21 (1) to (5) of the statutes are renumbered 301.21 (1m)
21(a) to (e), and 301.21 (1m) (b), (d) and (e), as renumbered, are amended to read:
AB100-engrossed,1856,2522
301.21
(1m) (b) Inmates from Wisconsin state prisons while in an institution
23in another state are subject to all provisions of law and regulation concerning the
24confinement of persons committed for violations of the laws of that state, except as
25otherwise provided for by any contract entered into under
sub. (1) this subsection.
AB100-engrossed,1857,2
1(d) Sections 16.75 and 301.08 (2) do not apply to contracts entered into under
2sub. (1) this subsection.
AB100-engrossed,1857,83
(e) The provisions of this
section subsection are severable, as provided in s.
4990.001 (11). The provisions of any contract entered into under
sub. (1) this
5subsection are severable. If any provision of such a contract is invalid, or if the
6application of a provision of the contract to any person or circumstance is invalid, the
7invalidity does not affect other provisions or applications which can be given effect
8without the invalid provision or application.
AB100-engrossed,1857,1310
301.21
(2m) (a) The department may enter into one or more contracts with a
11private person for the transfer and confinement in another state of prisoners who
12have been committed to the custody of the department. Any such contract shall
13provide for all of the following
AB100-engrossed,1857,1414
1. A termination date.
AB100-engrossed,1857,1815
2. Provisions concerning the costs of prisoner maintenance, extraordinary
16medical and dental expenses and any participation in or receipt by prisoners of
17rehabilitative or correctional services, facilities, programs or treatment, including
18those costs not reasonably included as part of normal maintenance.
AB100-engrossed,1857,2219
3. Provisions concerning any participation in programs of prisoner
20employment if any, the disposition or crediting of any payments received by prisoners
21on account of employment, and the crediting of proceeds from or disposal of any
22products resulting from employment.
AB100-engrossed,1857,2323
4. Delivery and retaking of prisoners.
AB100-engrossed,1857,2524
5. Regular reporting procedures concerning Wisconsin prisoners by the private
25person with which the department is contracting.
AB100-engrossed,1858,1
16. Provisions concerning procedures for probation, parole and discharge.
AB100-engrossed,1858,32
7. The same standards of reasonable and humane care as the prisoners would
3receive in an appropriate Wisconsin institution.
AB100-engrossed,1858,64
8. Any other matters as are necessary and appropriate to fix the obligations,
5responsibilities and rights of Wisconsin and the private person with which the
6department is contracting.
AB100-engrossed,1858,107
(b) While in an institution in another state covered by a contract under this
8subsection, Wisconsin prisoners are subject to all provisions of law and regulation
9concerning the confinement of persons in that institution under the laws of that
10state.
AB100-engrossed,1858,1311
(c) Any hearing to consider parole to which a prisoner confined under a contract
12under this subsection may be entitled by the laws of Wisconsin shall be conducted
13by the Wisconsin parole commission under rules of the department.
AB100-engrossed,1858,1814
(e) The provisions of any contract entered into under this subsection are
15severable. If any provision of such a contract is invalid, or if the application of a
16provision of the contract to any person or circumstance is invalid, the invalidity does
17not affect other provisions or applications which can be given effect without the
18invalid provision or application.
AB100-engrossed,1858,2220
301.26
(3) (c) Within the limits of the appropriations under s. 20.410 (3) (cd)
21and
(oo) (ko), the department shall allocate funds to each county for services under
22this section.
AB100-engrossed,1859,1024
301.26
(4) (a) Except as provided in pars. (c) and (cm), the department of
25corrections shall bill counties or deduct from the allocations under s. 20.410 (3) (cd)
1for the costs of care, services and supplies purchased or provided by the department
2of corrections for each person receiving services under s. 48.366, 938.183
(2) or 938.34
3or the department of health and family services for each person receiving services
4under s.
46.057 or 51.35 (3). The department of corrections may not bill a county for
5or deduct from a county's allocation the cost of care, services and supplies provided
6to a person subject to an order under s. 48.366 or 938.183
(2) after the person reaches
718 years of age. Payment shall be due within 60 days after the billing date. If any
8payment has not been received within 60 days, the department of corrections may
9withhold aid payments in the amount due from the appropriation under s. 20.410 (3)
10(cd).
AB100-engrossed,1860,212
301.26
(4) (b) Assessment of costs under par. (a) shall be made periodically on
13the basis of the per person per day cost estimate specified in par. (d)
3m. and 2. to 4.
14Except as provided in pars. (bm), (c) and (cm), liability shall apply to county
15departments under s. 46.21, 46.22 or 46.23 in the county of the court exercising
16jurisdiction under chs. 48 and 938 for each person receiving services from the
17department of corrections under s. 48.366, 938.183
(2) or 938.34 or the department
18of health and family services under s.
46.057 or 51.35 (3). Except as provided in pars.
19(bm), (c) and (cm), in multicounty court jurisdictions, the county of residency within
20the jurisdiction shall be liable for costs under this subsection. Assessment of costs
21under par. (a) shall also be made according to the general placement type or level of
22care provided, as defined by the department, and prorated according to the ratio of
23the amount designated under sub. (3) (c) to the total applicable estimated costs of
24care, services and supplies provided by the department of corrections under ss.
148.366, 938.183
(2) and 938.34 and the department of health and family services
2under s.
46.057 or 51.35 (3).
AB100-engrossed,1860,94
301.26
(4) (c) Notwithstanding pars. (a), (b) and (bm), the department of
5corrections shall pay, from the appropriation
account under s. 20.410 (3) (hm), the
6costs of care, services and supplies provided for each person receiving services under
7s.
46.057, 48.366, 51.35 (3), 938.183
(2) or 938.34 who was under the guardianship
8of the department of health and family services pursuant to an order under ch. 48
9at the time that the person was adjudicated delinquent.