The bill also raises the fees for licenses for commercial scales that weigh
vehicles and for licenses for persons who install, test or service weights and
measures.
Current law restricts the transmittal of unsolicited documents by facsimile
machine. These restrictions prohibit the transmittal of unsolicited documents that
are more than one page and the transmittal of unsolicited documents to persons with
whom the person sending the documents has not had a prior business relationship.
The current definition of "facsimile machine" under this law includes specified types
of transmitting media used to transmit copies of documents. These media include
telephone lines, microwaves, satellites and cellular radio transmittal. This bill
expands the definition of "facsimile machine" to include a machine that uses any type
of radio transmittal.
Under current law, the public service commission (PSC) may require a party to
certain hearings to pay the cost of producing a transcript. In all other hearings and
investigations for which a transcript is produced, the PSC must provide free copies
of transcripts upon request. In addition, the PSC may charge a reasonable price for
a copy of an audiotape or videotape that is received into evidence. Under this bill,
the PSC may require any party to any hearing or investigation to pay the cost of
producing a transcript, audiotape or videotape. In addition, the PSC may charge a
reasonable price for a copy of a transcript that is requested.
This bill changes the name of the division of savings and loan in the department
of financial institutions (DFI) to the division of savings institutions.
Economic development
Under current law, some of the mining tax revenue which the state collects is
deposited in the badger fund and the rest is deposited in the investment and local
impact fund, which is used to benefit communities affected by mining. The interest
on the badger fund may be expended for school aids and certain recreational
purposes. The badger board administers the fund. However, on June 30, 1997, the
balance in the badger fund lapses to the general fund. This bill discontinues the
badger fund and the badger board and provides that all mining tax revenue is
deposited in the investment and local impact fund.
This bill creates a mining economic development grant and loan program.
Under the program, the department of commerce may award a grant or loan to a
business, community-based organization, local development corporation, city,
village, town or county located in an area affected by mining for various specified
purposes, such as start-up or expansion costs, developing an economic
diversification plan, conducting a local economic development project or establishing
a revolving loan fund to finance businesses that will create long-term employment
opportunities. An area affected by mining is defined as an area in which public and
private infrastructure are or were provided to support mining activity, public funds
are or were expended for costs associated with mining activity, construction of a mine
has begun and economic diversification is necessary to reduce dependence on mining
activity. The bill specifies factors that must be considered in awarding the grants and
loans and places limits on the amounts that may be awarded for each type of project.
The program is funded from the investment and local impact fund.
This bill authorizes the department of commerce to award a grant to a person
for the redevelopment of brownfields and associated environmental remediation
activities. The bill defines brownfields as abandoned, idle or underused industrial
or commercial facilities or sites that are adversely affected for expansion or
redevelopment because of actual or perceived environmental contamination. The
party actually responsible for the environmental contamination must be unknown
or unable to be located, and a person receiving a grant must make a cash or in-kind
contribution to the project. The bill sets out criteria for the department to use in
making grants, and the relative weight that the department must give to each of the
criteria. Before the department awards a grant, however, it must consider the
recommendations of the department of administration (DOA) and the department
of natural resources (DNR). The department is required to award at least 7 grants
for projects that are located in municipalities with a population of less than 30,000.
A total of $20,000,000 in grants may be awarded. The maximum amount that may
be awarded for a grant is $5,000,000. The grants are funded from the recycling fund.
The bill also requires the department of commerce, DOA and DNR to enter into
a memorandum of understanding addressing various issues related to the
responsibilities of the 3 departments with respect to brownfields redevelopment
programs, including a conflict resolution mechanism.
Under current law, the Wisconsin Housing and Economic Development
Authority (WHEDA) guarantees repayment of loans from the Wisconsin
development reserve fund (fund) for the recycling, stratospheric ozone protection,
clean air, small business, business improvement, targeted development, nonpoint
source pollution abatement and agricultural chemical cleanup, agricultural
production, farm assets reinvestment management, agricultural production drought
assistance, agricultural development and cultural and architectural landmark loan
guarantee programs. The total outstanding principal amount of loans that WHEDA
may guarantee under any of these loan guarantee programs is limited to a specified
amount under each program.
This bill combines 6 of the loan guarantee programs for which repayment is
guaranteed from the fund (the stratospheric ozone protection, clean air, small
business, business improvement, targeted development and nonpoint source
pollution abatement and agricultural chemical cleanup loan guarantee programs),
into a new, more broadly based loan guarantee program, called the small business
development loan guarantee program. Under the program, WHEDA may guarantee
a portion of the principal of a loan to the elected governing body of an American
Indian tribe or band or to a business if the business owner is actively engaged in the
business, the business does not employ more than 50 employes on a full-time basis
and the business owner is not delinquent in the payment of child support or
maintenance (spousal support). The portion of the principal of a loan that may be
guaranteed may not exceed 80% of the principal of the loan or $200,000, whichever
is less. The loan proceeds may be used for expenses related to the expansion or
acquisition of a business or for expenses related to the start-up of a day care
business. The use of the loan proceeds must be likely to have a positive impact on
job retention or creation. Loan proceeds may not be used for entertainment
expenses, expenses related to a community-based residential facility or expenses
related to the production of an agricultural commodity. Loans to a single borrower
that are guaranteed under the program may not exceed $750,000. The total
outstanding guaranteed principal amount of all loans that WHEDA may guarantee
under the program may not exceed $28,750,000.
The bill also creates another new loan guarantee program, beginning on July
1, 1998, called the brownfields redevelopment loan guarantee program. Under the
program, WHEDA may guarantee up to 80% of the principal of a loan that is made
to a business in this state for the purpose of redeveloping brownfields and related
environmental remediation activities. The total outstanding principal amount of all
loans that WHEDA may guarantee under this program is $500,000.
Under current law, WHEDA is required to ensure that the cash balance in the
fund is maintained at a ratio of $1 of reserve funding to $4 of outstanding principal
that WHEDA may guarantee under all of the programs guaranteed from the fund.
This bill changes the ratio at which WHEDA must maintain the fund to $1 of reserve
funding to $4.50 of outstanding principal that WHEDA may guarantee under all of
the programs, except for the cultural and architectural landmark loan guarantee
program, which remains at $1 of reserve funding to $4 of outstanding guaranteed
principal.
Under current law, WHEDA may issue bonds and notes to finance certain
economic development projects, including economic development projects involving
sports and entertainment home stadiums. This bill eliminates the authority to issue
bonds and notes for this purpose.
Under current law, WHEDA may issue up to $10,000,000 in bonds and notes
for its beginning farmer program, which assists beginning farmers in purchasing
agricultural land and improvements. This bill raises the limit on total bonds and
notes that WHEDA may issue under the program to $17,500,000.
This bill authorizes the department of tourism to award grants to statewide
organizations that represent counties. An organization must use the grant proceeds
to promote international trade, business and economic development in the state.
This bill gives the department of tourism the exclusive right to license the
commercial use of certain state symbols and certain representations that are
designed by the state or that are affixed to state property for the purpose of
manufacturing or marketing any article of merchandise on which is affixed such
symbols or representations. The department may enter into contracts for the
manufacture or marketing of any article of merchandise on which is affixed any state
symbol or representation and may market or sell such merchandise itself. The
department is required to enter into contracts for the marketing or sale of such
merchandise with one or more statewide organizations that represent counties.
Moneys received by the department from contracts, license fees or the sale of
merchandise, and moneys received by statewide organizations from the sale of
merchandise, must be used for tourism promotion and for grants to one or more
statewide organizations that represent counties for international trade, business
and economic development.
This bill authorizes the department of tourism to acquire excess or surplus state
property from DOA and from the department of transportation (DOT) and to sell the
property to any person at a price determined by the department of tourism. The
department of tourism is required to enter into contracts for the marketing or sale
of such property with one or more statewide organizations that represent counties.
Moneys received by the department of tourism from the sale of such property, and
moneys received by statewide organizations from the sale of such property, must be
used for tourism promotion and for grants to one or more statewide organizations
that represent counties for international trade, business and economic development.
Under the current rural economic development program, which is
administered by the department of commerce, the rural economic development board
may award a grant or loan to a business that has fewer than 25 employes and that
is located in a rural municipality (a city, village or town that has a population of 4,000
or less or that is located in a county with a population density of less than 150 persons
per square mile). The program has 2 parts. Under the first part, the recipient
business must use the grant or loan, which may not exceed $30,000, for start-up
costs. Under the 2nd part, a business that received a grant or loan under the first
part of the program may receive a loan, which may not exceed $25,000, for working
capital, fixed asset financing or employe relocation costs. The total amount of the
loans awarded in a fiscal biennium under the 2nd part of the program may not exceed
20% of the total amount appropriated for the program in that fiscal biennium. Under
both parts of the program, the recipient business may be required by the board to
contribute a portion of the cost of the project in cash or in-kind services.
This bill makes a number of changes to this program. The definition of rural
municipality is changed to include a city, village or town with a population of 6,000
or less. An eligible business must have fewer than 100, rather than 25, employes.
A business need not have received a grant or loan under the first part of the program
in order to be eligible for an award under the 2nd. The first part, under which the
board may award a grant or a loan, is changed so that only grants may be awarded
and the maximum amount of an award is changed from $30,000 to $15,000. Under
the 2nd part, the board may award grants and loans instead of only loans and the
maximum amount of an award is changed from $25,000 to $100,000. The limit on
the awards under the 2nd part is eliminated. In addition, a recipient of any award
under the program is required to contribute cash from a nonstate source in an
amount that equals at least 25% of the total cost of the project.
The bill provides that under each of the 2 parts, the board must award for
purposes related to agricultural businesses not less than 25% nor more than 50% of
the total amount awarded under that part in a fiscal biennium. The department of
commerce and DATCP must designate staff to evaluate applications and make
recommendations for grants or loans for purposes related to agricultural businesses.
The bill also authorizes the department to award a grant, not exceeding
$50,000, to a person or a business proposing to start up, modernize or expand a dairy
farm or other agricultural business in the state. The person or business must own
the dairy farm or other agricultural business and use the grant proceeds to pay for
services related to the start-up, modernization or expansion of the dairy farm or
other agricultural business or for management assistance continuing after
completion of the start-up, modernization or expansion project. The total amount
of grants that may be awarded in a fiscal year for this purpose may not exceed
$200,000.
This bill makes a number of changes to the minority business development
program, under which the department of commerce and the minority business
development board make grants and loans for business development projects to
minority group members and businesses that are at least 51% owned, controlled and
actively managed by a minority group member or members. The business
development projects are of 2 general types: projects that involve the planning
stages of a business (early planning projects) and projects that involve the start-up,
expansion or acquisition of a business (development projects). The department may
award grants for early planning projects and the board may award grants or loans
for development projects. In addition, the board may award a grant or loan to a local
development corporation, defined as the governing body of a federally recognized
American Indian tribe, or a business created by such a governing body, or a nonprofit
corporation promoting economic development in a specific geographic area that is at
least 51% controlled and actively managed by minority group members. The local
development corporation must in turn use the grant or loan proceeds to make grants
or loans to minority group members or minority businesses for development projects.
Under current law, the department may award for early planning projects no
more than 10% of the moneys appropriated for the entire minority business
development program. This bill changes this limit to 25%.
The bill also permits the board to award a grant or loan to a local development
corporation for the creation, expansion or continuation of a revolving fund program
that is operated by the corporation and that benefits or will benefit minority
businesses or minority group members. A corporation that receives a grant or loan
for this purpose must contribute, in cash, at least 50% of the cost of the project.
Under current law, the board may not award more than $100,000 in a fiscal
biennium to any one recipient for any one development project and a local
development corporation that receives a grant or loan from the board may not award
more than $100,000 in a fiscal biennium to any one recipient or for any one
development project. This bill removes that limit on awards that a local development
corporation may make in a fiscal biennium and, instead, provides that a corporation
may not make a grant or loan that exceeds $50,000 to an eligible recipient for
development project costs. This new limit does not apply, however, to grants or loans
that a corporation may make under a revolving fund program. The bill provides, in
addition, that the board is prohibited from awarding more than $200,000 in a fiscal
year to any one local development corporation.
Under current law, the board must consider a number of specified factors
related to a development project for which a local development corporation intends
to make a grant or loan before the board may award a grant or loan to the local
development corporation. This bill changes this requirement so that the board no
longer considers the factors in relation to a development project for which a local
development corporation intends to make a grant or loan. Instead, a local
development corporation must use factors that are similar to those specified factors
when making a grant or loan for a development project or under a revolving fund
program.
Under the current community-based economic development programs, the
department of commerce awards grants to political subdivisions and
community-based organizations for various purposes related to promoting economic
development at the community level. Under one of the programs, the department
may make a grant of up to $10,000 to a political subdivision to enable the political
subdivision to develop a plan for diversifying its economy. Also under that program,
the department may make a grant of up to $20,000 to a community-based
organization to provide assistance to entrepreneurs or businesses that will provide
jobs or to conduct a local economic development project. This bill revises this
program by increasing the grant limit to $30,000 for either of the specified purposes
and by authorizing the department to make a grant to a community-based
organization, as well as to a political subdivision, to develop a plan for diversifying
the local or regional economy. In addition, the bill requires the purpose of the plan
to include attracting new businesses and jobs and promoting economic development.
The bill also creates another community-based economic development
program. Under this program, the department may make a grant to a
community-based organization or private nonprofit organization for the purpose of
a venture capital development project that assists entrepreneurs or businesses in
obtaining funding for the start-up or development of a business. The project must
be likely to stimulate investment, promote economic development or create or retain
jobs in the state. An applicant must submit a plan related to the project, and the plan
must be approved by the secretary of commerce. An applicant must also provide at
least 50% of the cost of the project through cash or in-kind contributions. The
department may not award more than $75,000 in grants under the new program in
any fiscal year.
This bill creates a new program, to be funded by the Wisconsin development
fund and called the manufacturing assessment grant program, under which a grant
of up to $2,500 may be made to a business with 500 or fewer employes to fund a
management assessment and plan. The assessment and plan must be likely to assist
the business in adopting and implementing new manufacturing processes and
technologies and to help make the business more competitive. Total grants under the
program may not exceed $750,000 in a fiscal biennium.
The bill eliminates the research grant and loan program, funded by the
Wisconsin development fund, under which grants and loans may be made to a
business with 250 or fewer employes to fund research having a potential commercial
application. A similar program under current law, the technology development grant
and loan program, provides grants and loans to businesses of any size to fund
technical research intended to result in the development of a new or improved
industrial product or process.
The bill also authorizes the department of commerce to charge a grant or loan
origination fee of up to 1.5% of a grant or loan that exceeds $200,000 and that is
awarded under either of 2 programs funded by the Wisconsin development fund, the
major economic development projects program or the customized labor training
grants and loans program. Revenue from the fees is used for the costs of
underwriting grants and loans paid from the Wisconsin development fund and for
administering the grant and loan programs funded by the Wisconsin development
fund.
Under the current development zone program, after the department of
commerce designates an area as a development zone, a person or corporation that
conducts or intends to conduct economic activity in the designated zone may be
certified by the department as eligible for certain tax credits. The designation of an
area as a development zone is effective for 84 months, but this period may be
extended for 12 months up to 3 times. When the department designates a
development zone, the department allocates to the development zone a portion of
$28,155,000, which is the total amount of tax credits that may be claimed under the
program. Current law authorizes the department to increase the original amount
of tax credits that were allocated to a development zone at its designation by up to
$500,000.
This bill changes the total amount of tax credits that may be claimed under the
program to $33,155,000. The bill removes the limit on any increase in the original
amount of tax credits that were allocated to a development zone. Finally, the bill
allows the designation of a development zone to be extended for 12 months up to 5
times.
Correctional system
Adult correctional system
Under current law, a person serving a sentence of imprisonment to a state
prison usually has 3 possible ways of being released on parole: discretionary parole
granted by the parole commission (for which a person is usually eligible after serving
25% of the sentence or 6 months, whichever is greater); mandatory release on parole
(usually granted automatically after the person serves two-thirds of the sentence);
or special action parole release by the secretary of corrections (a program designed
to relieve prison crowding).
However, current law also provides different parole eligibility provisions for
certain serious felony offenders. If a serious felony offender has one or more prior
convictions for a serious felony, a judge may set a discretionary parole eligibility date
for the offender that is later than 25% of the sentence or 6 months but not later than
the mandatory release date of two-thirds of the sentence. In addition, certain
serious felony offenders need not be automatically released when they reach their
mandatory release dates. Instead, the parole commission may deny mandatory
release to such offenders in order to protect the public or because an offender refuses
to participate in counseling or treatment. The serious felony offenders covered by
these parole provisions include persons convicted of serious violations such as
homicide, battery, sexual assault, mayhem, kidnapping, taking hostages, arson,
armed burglary, armed robbery, carjacking, assault by a prisoner, crimes against
children and unlawful manufacture, sale or possession of controlled substances
(dangerous drugs).
This bill increases the maximum term of imprisonment for certain felonies (see
Crimes) and changes the structure of sentences imposed for felony offenses. Under
the bill, if a court chooses to sentence a felony offender to a term of imprisonment in
state prison for a felony committed on or after July 1, 1998, the court must do so by
providing a bifurcated sentence that includes a term of confinement in prison
followed by a term of community supervision. The offender is not eligible for any type
of parole. A bifurcated sentence imposed under the bill must be structured as follows:
1. The total length of the bifurcated sentence may not exceed the maximum
term of imprisonment allowable for the felony.
2. The court must set the term of confinement in the prison portion of the
sentence to be at least one year but not more than 40 years for a Class B felony, 20
years for a Class BC felony, 10 years for a Class C felony, 5 years for a Class D felony,
or 2 years for a Class E felony. If the person is being sentenced for a felony that is
not in one of these classes, the term of confinement in prison portion of the sentence
must be at least one year but not more than 75% of the total length of the bifurcated
sentence.
3. The term of community supervision must equal at least 25% of the length
of the term of confinement in prison.
After the person completes the term of confinement in prison portion of the
sentence, he or she serves the term of community supervision in which he or she is
subject to conditions set by both the court and the department of corrections (DOC)
and is subject to supervision by DOC. If a person violates a condition of community
supervision, community supervision may be revoked and the person may be returned
to serve a period of time in prison.
Under current law, a person serving a life sentence usually must serve 20 years
minus time calculated under the mandatory release formula before he or she is
eligible for release on parole. If the person does not receive extensions due to
violations of prison rules, he or she reaches parole eligibility after serving 13 years,
4 months. However, a judge may set a parole eligibility date for a person serving a
life sentence that is later than the usual parole eligibility date or may provide that
the person is not eligible for parole. Also, if a person has 2 convictions for any of
certain serious felonies and is then convicted a 3rd time for another serious felony,
he or she must be sentenced to life without parole (the so-called "3 strikes, you're out"
law). No person serving a life sentence is entitled to mandatory release.
This bill provides that a person sentenced to life imprisonment for a crime
committed on or after July 1, 1998, is not eligible for parole. Instead, the bill requires
a judge who is sentencing a person to life imprisonment to do one of the following:
1) provide that the person is eligible for community supervision after serving 20
years; 2) set a date on which the person becomes eligible for community supervision,
as long as that date requires the person to serve at least 20 years; or 3) provide that
the person is not eligible for community supervision. If the court provides that the
person is eligible for community supervision, the person may petition the sentencing
court for release to community supervision on or after the community supervision
eligibility date. A person sentenced to life who is released to community supervision
is on community supervision for the remainder of his or her life and, like a person
on community supervision under a bifurcated sentence, may have his or her
community supervision revoked and be returned to prison if he or she violates a
condition of community supervision. The bill does not affect persons sentenced to life
imprisonment without the possibility of parole under the "3 strikes, you're out" law.
Under current law, DOC may enter into contracts with other states or political
subdivisions of other states for the transfer and confinement of Wisconsin prisoners.
If the contract involves the transfer of more than 10 prisoners in any fiscal year to
any state or to any one political subdivision of another state, DOC may enter into the
contract only if it is approved by the legislature by law or by the joint committee on
finance (JCF). This bill authorizes DOC to enter into contracts with private persons
for the transfer and confinement of Wisconsin prisoners in another state. JCF
approval is not necessary.
Under current law, no more than 3 private businesses may lease space in the
state prisons or correctional institutions operated by DOC and employ prison or
institution residents to manufacture products or components or to provide services
for sale on the open market. This bill increases the number of such private
businesses to 11.
Current statutory text provides that "[The department may select a business
or enter into a lease under this paragraph only with the approval of the joint
committee on finance.]". The bracketed language is included in a statutory unit that
was created in
1995 Wisconsin Act 27, section
6384, but the text in the brackets was
vetoed by the governor. However,
1995 Wisconsin Act 27, section
6385, amended the
same statutory unit and the language in the brackets was not vetoed by the governor
(the text appears in
Section 6385 as plain text in an amended statutory unit). This
bill removes this bracketed language from the statutes.
Under current law, DOC must promulgate rules providing limits on the number
of prisoners at all state prisons. The rules must generally provide systemwide
prisoner population limits and limits for each state prison. DOC is also authorized
to provide, by rule, procedures allowing DOC to exceed any systemwide or institution
limit in an emergency situation. This bill eliminates this rule-making requirement
and, instead, requires DOC annually to submit a report to JCF and to the
appropriate standing committees of the legislature establishing the statewide
operating capacity of state prisons and of each state prison and reporting on the
number of prisoners in each state prison.
This bill requires DOC to create a criminal gang data bank and to provide
correctional authorities and law enforcement agencies with access to the criminal
gang data bank. Under the bill, DOC must determine what information the criminal
gang data bank will contain. If a correctional authority identifies a person in its
custody to be a criminal gang member, or if a law enforcement agency identifies a
person it has arrested to be a criminal gang member, the correctional authority or
law enforcement agency must provide that information to DOC. If the person is
already listed on the criminal gang data bank, the correctional authority or law
enforcement agency must provide any updated information that the data bank does
not already include. A correctional authority or law enforcement agency may provide
information to DOC using either forms provided by DOC or a direct data entry
system established by DOC.
The bill also requires DOC to: a) establish a method to confirm criminal gang
membership and to ensure the timely and accurate entry of information into the
criminal gang data bank; b) conduct reviews of correctional authorities and law
enforcement agencies that enter information directly into the criminal gang data
bank; and c) notify all correctional authorities and law enforcement agencies that
may benefit from the criminal gang data bank of the existence of the criminal gang
data bank.
Finally, the bill requires the department of justice (DOJ) to allow correctional
authorities and law enforcement agencies to use the transaction information for
management of enforcement (TIME) system to get access to the criminal gang data
bank. The TIME system is a statewide computerized data base administered by DOJ
that is used by law enforcement agencies to share information and to get access to
information held by state agencies, including DOC and DOJ.
Under current law, DOC is required to establish certain correctional
institutions. This bill requires DOC to utilize a previously authorized facility in the
city of Racine as a medium security correctional institution for persons 15 to 23 years
of age who have been placed in a state prison. The bill names the facility the "Racine
Youthful Offender Correctional Facility".
Under current law, DOC is authorized to purchase or accept a gift of land and
an existing facility for a suitable site selected by the building commission for an
additional secured juvenile correctional facility. Currently, the site selected by the
building commission for that facility is located at Prairie du Chien in Crawford
County. This bill authorizes DOC, until July 1, 1998, to operate the secured juvenile
correctional facility at Prairie du Chien as a state prison for young adult prisoners.
Under current law, a person who is on probation or parole and who engages in
conduct that may result in the revocation of his or her probation or parole may be
given the option to participate in a program that is designed as an alternative to the
revocation of probation or parole. This bill authorizes DOC to require a probationer
or parolee, who has engaged in conduct that may be the basis for revocation of
probation or parole, to participate in a program that is designed as an alternative to
the revocation of probation or parole.
Under current law, DOC assesses supervision fees to probationers and parolees
who are under the supervision of DOC. This bill provides that DOC, after first
deducting any fees based on inaccurate assessments, may collect unpaid supervision
fees by asking the attorney general to bring a civil action against the probationer or
parolee who owes the fees after he or she has been discharged from supervision. The
bill also requires DOC to notify a probationer or parolee who owes unpaid
supervision fees at the time of discharge that he or she owes those fees and is
responsible for paying them.
Also, under current law, a person who is on probation may have the period of
his or her probation extended by a judge if: 1) the probationer has not made a good
faith effort to discharge court-ordered payment obligations, including restitution; 2)
the probationer and the person to whom restitution is owed agree that community
service work to be performed by the probationer during an extended period of
probation will satisfy the restitution ordered; or 3) the probationer agrees to the
extension of supervision and the court finds that extension would serve the purposes
for which probation was imposed. This bill provides that a court may extend a
probationer's period of probation if the probationer fails to pay supervision fees
assessed by DOC. A probationer is entitled to a hearing on the issue of unpaid
supervision fees before a court may extend the probationer's period of probation. If,
after a hearing, a court finds that a probationer owes supervision fees but the court
does not extend the period of probation, the court's findings may be entered as a civil
judgment against the probationer for the fees owed, which DOC may use to collect
the unpaid fees. Finally, the bill allows a court to modify the terms and conditions
of probation or to revoke probation if a probationer fails to pay supervision fees
assessed by DOC.
Under current law, a probationer or parolee may be placed under
administrative supervision or minimum supervision by DOC. Administrative
supervision requires that a minimum of one face-to-face contact occur every 6
months between the probationer or parolee and a representative of DOC and that the
probationer or parolee submit a monthly report to DOC. Minimum supervision
requires that a minimum of one face-to-face contact occur every 90 days between the
probationer or parolee and a representative of DOC and that the probationer or
parolee submit a monthly report to DOC. DOC must charge a fee to any probationer
or parolee who is under administrative supervision or minimum supervision. The
fee must cover the cost of supervision.
Current law also provides that DOC may contract with public, private or
voluntary vendors for the supervision of probationers and parolees who are under
minimum supervision or administrative supervision. The contract must authorize
the vendor to charge a fee to probationers and parolees sufficient to cover the cost of
supervision and administration of the contract.
This bill eliminates the current requirements for administrative supervision
and minimum supervision and provides, instead, that DOC must establish the
requirements by rule.
In addition, the bill provides that DOC may decide not to charge a fee to cover
the cost of administrative supervision or minimum supervision of any probationer
or parolee if the probationer or parolee demonstrates that he or she is unable to pay
the fee, and requires that any contract with a vendor must permit DOC to prohibit
a vendor from charging a fee to any probationer or parolee if the probationer or
parolee demonstrates that he or she is unable to pay the fee, because:
1. The probationer or parolee is undergoing treatment approved by DOC and
is unable to work.
2. The probationer or parolee has a statement from a physician certifying to
DOC that the probationer or parolee should be excused from working for medical
reasons.
