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.
Juvenile correctional system
Under current law, if a court of criminal jurisdiction (adult court) imposes a
sentence or places a person on probation, the adult court must impose a crime victim
and witness assistance surcharge of $50 for each misdemeanor offense or count and
$70 for each felony offense or count. This bill requires a court assigned to exercise
jurisdiction under the juvenile justice code (juvenile court) to impose, in addition to
any other disposition imposed, a delinquency victim and witness assistance
surcharge of $20 on a juvenile who has been adjudicated delinquent.
Under current law, DOC operates juvenile secured correctional facilities for the
placement of juveniles who have been adjudicated delinquent or convicted of a crime
and placed in such facilities. Under current law, a juvenile who commits assault or
battery while placed in a juvenile secured correctional facility is subject to the
criminal penalties specified for those crimes, including imprisonment in an adult
prison. This bill permits DOC to transfer a juvenile from a juvenile secured
correctional facility to the Racine Youthful Offender Correctional Facility if the
juvenile is 15 years of age or over and the office of juvenile offender review (OJOR)
in DOC determines that the juvenile's conduct in the juvenile secured correctional
facility presents a serious problem to the juvenile or others. Under the bill, the
factors that OJOR may consider in making that determination must include whether
and to what extent the juvenile's conduct in the juvenile secured correctional facility
is violent and disruptive, the security needs of the juvenile secured correctional
facility and whether and to what extent the juvenile is refusing to cooperate or
participate in the juvenile's treatment programs in the juvenile secured correctional
facility.
Under current law, a county may establish a secure detention facility for
holding in secure custody juveniles who meet certain criteria. This bill permits a
county to contract with DOC for the use of a juvenile secured correctional facility
operated by DOC for holding in secure custody juveniles who meet the criteria for
being held in a county-operated secure detention facility. Under the bill, a county
may use a juvenile secured correctional facility for holding a juvenile in secure
custody only if: 1) there is no county-operated secure detention facility approved by
DOC within 75 miles of the county seat; or 2) there is no bed space available in a
county-operated secure detention facility approved by DOC within 75 miles of the
county seat.
Under current law relating to community youth and family aids (generally
referred to as "youth aids"), various state and federal funds are allocated to counties
to pay for state-provided juvenile correctional services and local
delinquency-related and juvenile justice services. DOC charges counties for the
costs of services provided by DOC. This bill imposes new per person daily cost
assessments upon counties for juvenile placements during the 1997-99 fiscal
biennium as follows:
-
See PDF for table 
Under current law, DOC must provide a corrective sanctions program to serve
an average daily population of 105 juveniles, or more than 105 juveniles if the
appropriation and positions authorized for that program are increased. Under the
corrective sanctions program, DOC places a program participant in the community,
provides intensive surveillance of the participant and purchases community-based
treatment services for the participant. Current law specifies that a contact worker
under the program must have a caseload of approximately 10 juveniles and that a
corrective sanctions agent must have a caseload of approximately 15 juveniles. This
bill increases from 105 to 119 in fiscal year 1997-98 and to 161 in fiscal year 1998-99
the average daily population of juveniles that the corrective sanctions program is
required to serve and provides that the corrective sanctions program must serve
more than those average daily populations if the appropriation and positions
authorized for that program are increased or if funding and positions to serve a
greater average daily population are available (by reallocating other funding and
positions within DOC). The bill also eliminates the caseload size requirements
specified under current law.
Under current law, DOC administers a program under which it distributes
moneys to counties for early intervention services for first offenders and for intensive
community-based intervention services for seriously chronic offenders (community
intervention program). This bill transfers administration of the community
intervention program from DOC to the department of health and family services
(DHFS). The bill also eliminates requirements that the early intervention services
be provided only for first offenders and that the intensive community-based
intervention services be provided only for seriously chronic offenders.
Current law requires DOC to establish fees for juvenile correctional services
provided by DOC. Current law also requires DHFS to include DOC's fees in DHFS'
uniform system of fees and requires DHFS to collect the fees owed to DOC. This bill
makes DOC responsible for establishing its own uniform system of fees and for
collecting the fees owed to DOC for the juvenile correctional services provided by
DOC.
COURTS AND PROCEDURE
Currently, the clerk of circuit court collects a justice information system fee
from persons who are required to pay certain other specified fees, such as fees for the
commencement of a civil action for review of an administrative decision or for a
garnishment, wage earner, small claims or forfeiture action. Under current law, the
fee is $5, 80% of which is used for the development and operation of automated justice
information systems. This bill increases the fee to $7 and changes the percentage
to be used for the automated justice information systems from 80% to four-sevenths.
Currently, a sheriff receives a fee of $50 for all of his or her activities related to
the sheriff's sale of real estate under an order of a court. Twenty-five dollars of the
$50 must be prepaid to the sheriff and is nonrefundable. This bill changes that fee
to $150. Seventy-five dollars of the fee must be prepaid and is nonrefundable.
Currently, the director of state courts is required to establish and charge fees
to certain court-related agencies for the provision of data processing services. This
bill removes that requirement. In addition, the bill removes the requirement that
the fees charged by the director of state courts for providing copies of certain
documents and reports equal the fees charged by other state agencies.
Crimes
Current law provides penalties for felonies, which are crimes punishable by
imprisonment of more than one year. A felony created in the criminal code is placed
in one of 6 classes (Class A, B, BC, C, D or E) and each class has a specific maximum
term of imprisonment and a maximum fine. The maximum terms of imprisonment
under current law for the classes of felonies (other than Class A felonies, which are
punishable by life imprisonment) are as follows:
-
See PDF for table
This bill increases the length of sentences for the classes of felonies created in
the criminal code, other than those punishable by life imprisonment, that are
committed on or after July 1, 1998. The maximum terms of imprisonment for the
classes of felonies under the bill are as follows:
-
See PDF for table
The bill also increases penalties for felony violations relating to controlled
substances (dangerous drugs), motor vehicles, taxation and hazardous waste
management. The bill increases the maximum term of imprisonment for these
felonies by 50% or one year, whichever is greater.
The bill also changes the structure of sentences imposed for felony offenses.
(See Correctional system, adult correctional system.)
Current law provides various penalties for the crimes of theft, issuing worthless
checks and criminal damage to property (including graffiti vandalism). In some
circumstances, the penalty for these crimes is based on the value of the property
stolen or damaged or the amount of the worthless checks. If the value or the amount
is $1,000 or less, the crime is a misdemeanor, which is punishable by a fine or
imprisonment of less than one year or both. If the value or the amount is more than
$1,000, the crime is a felony, which is punishable by a fine or imprisonment of one
year or more or both. This bill increases from $1,000 to $1,500 the threshold for
determining whether misdemeanor or felony penalties apply in those cases in which
penalties depend on the value of the property stolen or damaged or the amount of the
worthless checks.
Current law prohibits forgery, which includes: 1) falsely making or altering
certain legal or commercial writings, public records or official certifications with
intent to defraud; or 2) passing off such a writing, record or certification as genuine
knowing that it is falsely made or altered. A person convicted of either of these kinds
of forgery may be fined not more than $10,000 or imprisoned for not more than 10
years or both. This bill changes the penalty for either of these kinds of forgery by
providing that the current penalty applies only if the value or purported value,
whichever is greater, of the writing, record or certification is more than $1,500.
Under the bill, if the value or purported value, whichever is greater, is $1,500 or less,
the person may be fined not more than $10,000 or imprisoned for not more than 9
months or both.
Education
Primary and secondary education
Under current law, a school district may admit a pupil who resides in another
school district if the pupil's parents pay tuition. In addition, a pupil may attend a
public school located outside his or her school district of residence if the 2 school
boards agree, the state superintendent of public instruction approves and the school
district of residence pays tuition.
This bill creates an interdistrict school choice program. Beginning in the
1998-99 school year, the bill provides that a pupil may attend any public school
located outside his or her school district of residence if the pupil's parent complies
with certain application dates and procedures, and requires the school district of
residence to pay tuition or an amount agreed to between the 2 school districts. The
school district of residence continues to count the pupil in enrollment for state aid
purposes.
The school board of attendance may reject an application if there is no space
available in the school or the program in which the pupil wishes to enroll, the pupil
is involved in a disciplinary proceeding, or the pupil has been suspended or expelled
from school in the current or 2 preceding school years. A school district may prohibit
a resident pupil from attending school in another school district if the pupil is
involved in a disciplinary proceeding. A school district must prohibit a resident pupil
from attending a school in another school district if allowing such attendance would
violate a voluntary or court-ordered plan to reduce racial imbalance in the school
district. In addition, in the 1998-99 school year, a school district may limit the
number of resident pupils attending public school in other school districts to 3% of
its enrollment. In each of the 7 succeeding school years, that percentage increases
by one.
The parent of a pupil whose application is rejected or who is prohibited from
attending school in another school district by the school district of residence may
appeal the decision to the state superintendent, whose decision is final.
Beginning in the 1998-99 school year, this bill also creates an interdistrict
enrollment options program under which a pupil enrolled in a public school may
attend a public school in another school district to take one or 2 courses under certain
circumstances. The school board of the other school district must determine that
there is space available; if the course is offered in the high school grades, the school
board of the resident school district must determine that the course satisfies high
school graduation requirements; and the pupil must meet all of the prerequisites for
the course.
Acceptance and rejection criteria and procedures for the interdistrict
enrollment options program are identical to the acceptance and rejection criteria and
procedures for the interdistrict school choice program.
The school board of the school district of residence must pay to the school board
of the other school district an amount equal to the cost of providing the course to a
nonresident pupil under the program, as determined by the state superintendent.
