SB45: Bill Text

SB45, s. 2683 Section 2683. 301.01 (2) (b) of the statutes is amended to read:

SB45,1204,14 301.01 (2) (b) Any resident of a secured correctional facility, as defined in s. 938.02 (15m), or of a secured child caring institution, as defined in s. 938.02 (15g) or a secured group home.

SB45, s. 2684 Section 2684. 301.01 (3k) of the statutes is created to read:

SB45,1204,17 301.01 (3k) "Secured child caring institution" has the meaning given in s. 938.02 (15g).

SB45, s. 2685 Section 2685. 301.01 (3m) of the statutes is created to read:

SB45,1204,20 301.01 (3m) "Secured correctional facility" has the meaning given in s. 938.02 (15m).

SB45, s. 2686 Section 2686. 301.01 (3p) of the statutes is created to read:

SB45,1204,22 301.01 (3p) "Secured group home" has the meaning given in s. 938.02 (15p).

SB45, s. 2687 Section 2687. 301.01 (4) of the statutes is amended to read:

SB45,1205,3 301.01 (4) "State correctional institution" means a state prison under s. 302.01 or a secured correctional facility, as defined in s. 938.02 (15m), other than the Mendota Juvenile Treatment Center operated by the department.

SB45, s. 2688 Section 2688. 301.027 of the statutes is amended to read:

SB45,1205,8 301.027 Treatment program at one or more juvenile secured correctional institutions facilities. The department shall maintain a cottage-based intensive alcohol and other drug abuse program at one or more juvenile secured correctional institutions facilities.

SB45, s. 2689 Section 2689. 301.029 of the statutes is created to read:

SB45,1205,12 301.029 Contracts requiring prisoner access to personal information. (1) In this section, "financial transaction card" has the meaning given in s. 943.41 (1) (em).

SB45,1205,16 (2) (a) The department may not enter into any contract or other agreement if, in the performance of the contract or agreement, a prisoner would perform data entry or telemarketing services and have access to an individual's financial transaction card numbers, checking or savings account numbers or social security number.

SB45,1205,20 (b) The department may not enter into any contract or other agreement if, in the performance of the contract or agreement, a prisoner would perform data entry services or telemarketing services and have access to any information that may serve to identify a minor.

SB45, s. 2690 Section 2690. 301.03 (10) (d) of the statutes is amended to read:

SB45,1206,2 301.03 (10) (d) Administer the office of juvenile offender review in the division of juvenile corrections in the department. The office shall be responsible for decisions regarding case planning, the release of juvenile offenders from juvenile secured correctional institutions facilities, secured child caring institutions or secured group homes to aftercare placements and the transfer of juveniles to the Racine youthful offender correctional facility named in s. 302.01 as provided in s. 938.357 (4) (d).

SB45, s. 2691 Section 2691. 301.03 (10) (e) of the statutes is amended to read:

SB45,1206,6 301.03 (10) (e) Provide educational programs in all secured correctional facilities, as defined in s. 938.02 (15m), other than the Mendota Juvenile Treatment Center operated by the department.

SB45, s. 2692 Section 2692. 301.03 (10) (f) of the statutes is amended to read:

SB45,1206,10 301.03 (10) (f) Provide health services and psychiatric services for residents of all secured correctional facilities, as defined in s. 938.02 (15m), other than the Mendota Juvenile Treatment Center operated by the department.

SB45, s. 2693 Section 2693. 301.08 (1) (b) 3. of the statutes is amended to read:

SB45,1206,22 301.08 (1) (b) 3. Contract with public, private or voluntary agencies for the supervision, maintenance and operation of secured correctional facilities, as defined in s. 938.02 (15m), child caring institutions, as defined in s. 938.02 (2c), and secured child caring institutions, as defined in s. 938.02 (15g), for the placement of juveniles who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4d), (4h) or (4m). The department may designate a secured correctional facility, child caring institution or a secured child caring institution contracted for under this subdivision as a Type 2 secured correctional facility, as defined in s. 938.02 (20), and may designate a child caring institution or secured child caring institution contracted for under this subdivision as a Type 2 child caring institution, as defined in s. 938.02 (19r).

SB45, s. 2694 Section 2694. 301.08 (1) (b) 4. of the statutes is created to read:

SB45,1207,4 301.08 (1) (b) 4. Contract with not more than one county for the operation of a secured group home for the placement of juveniles who have been convicted under s. 938.183 or adjudicated delinquent under s. 983.183 or 938.34 (4h) or (4m). The contract shall specify that the county operating the secured group home must comply with all rules of the department that are applicable to the treatment of juveniles who are placed in a secured correctional facility.

SB45, s. 2695 Section 2695. 301.16 (1q) of the statutes is created to read:

SB45,1207,9 301.16 (1q) The department shall establish a probation and parole holding and alcohol and other drug abuse treatment facility to provide 600 beds in southeastern Wisconsin, as enumerated in 1997 Wisconsin Act 27, section 9107 (1) (b), and shall locate the facility in Milwaukee.

SB45, s. 2696 Section 2696. 301.16 (1r) of the statutes is amended to read:

SB45,1207,19 301.16 (1r) In addition to the institutions under sub. (1), the department shall establish a medium maximum security correctional institution for persons 15 years of age or over, but not more than 21 years of age, who have been placed in a state prison under s. 302.01. The medium maximum security correctional institution under this subsection shall be known as the Racine Youthful Offender Correctional Facility and shall be located at the intersection of Albert Street and North Memorial Drive in the city of Racine. The department shall limit the number of prisoners who may be placed at the Racine Youthful Offender Correctional Facility to no more than 400 at any one time.

SB45, s. 2697 Section 2697. 301.16 (1s) of the statutes is created to read:

SB45,1207,24 301.16 (1s) In addition to the institutions under sub. (1), the department shall establish a medium security correctional facility that is part of the correctional facility or facilities enumerated in 1997 Wisconsin Act 27, section 9107 (1) (b), and that is located in Redgranite.

SB45, s. 2698 Section 2698. 301.16 (1t) of the statutes is created to read:

SB45,1208,4 301.16 (1t) In addition to the institutions under sub. (1), the department shall establish a medium security correctional facility that is part of the correctional facility or facilities enumerated in 1997 Wisconsin Act 27, section 9107 (1) (b), and that is located in New Lisbon.

SB45, s. 2699 Section 2699. 301.205 of the statutes is amended to read:

SB45,1208,10 301.205 Reimbursement to visiting families. The department may reimburse families visiting girls at a secured correctional facility , as defined in s. 938.02 (15m). If the department decides to provide the reimbursement, it the department shall establish criteria for the level of reimbursement, which shall include family income and size and other relevant factors.

SB45, s. 2700 Section 2700. 301.26 (4) (c) of the statutes is amended to read:

SB45,1208,17 301.26 (4) (c) Notwithstanding pars. (a), (b) and (bm), the department of corrections shall pay, from the appropriation account under s. 20.410 (3) (hm), (ho) or (hr), the costs of care, services and supplies provided for each person receiving services under s. 46.057, 48.366, 51.35 (3), 938.183 or 938.34 who was under the guardianship of the department of health and family services pursuant to an order under ch. 48 at the time that the person was adjudicated delinquent.

SB45, s. 2701 Section 2701. 301.26 (4) (cm) 1. of the statutes is amended to read:

SB45,1209,7 301.26 (4) (cm) 1. Notwithstanding pars. (a), (b) and (bm), the department shall transfer funds from the appropriation under s. 20.410 (3) (cg) to the appropriations under s. 20.410 (3) (hm), (ho) and (hr) for the purpose of reimbursing juvenile secured correctional institutions facilities, secured child caring institutions, as defined in s. 938.02 (15g), secured group homes, alternate care providers, aftercare supervision providers and corrective sanctions supervision providers for costs incurred beginning on July 1, 1996, for the care of any juvenile 14 years of age or over who has been placed in a juvenile secured correctional facility based on a delinquent act that is a violation of s. 939.31, 939.32 (1) (a), 940.03, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1), 948.025, 948.30 (2), 948.35 (1) (b) or 948.36 and for the care of any juvenile 10 years of age or over who has been placed in a juvenile secured correctional institution or a facility, secured child caring institution or secured group home for attempting or committing a violation of s. 940.01 or for committing a violation of s. 940.02 or 940.05.

SB45, s. 2702 Section 2702. 301.26 (4) (cm) 2. of the statutes is amended to read:

SB45,1209,17 301.26 (4) (cm) 2. Notwithstanding pars. (a), (b) and (bm), the department shall transfer funds from the appropriation under s. 20.410 (3) (cg) to the appropriations under s. 20.410 (3) (hm), (ho) and (hr) for the purpose of reimbursing juvenile secured correctional institutions facilities, secured child caring institutions, as defined in s. 938.02 (15g), alternate care providers, aftercare supervision providers and corrective sanctions supervision providers for costs incurred beginning on July 1, 1996, for the care of any juvenile 14 years of age or over and under 18 years of age who has been placed in a juvenile secured correctional facility under s. 48.366 based on a delinquent act that is a violation of s. 940.01, 940.02, 940.05 or 940.225 (1).

SB45, s. 2703 Section 2703. 301.26 (4) (d) 2. of the statutes is amended to read:

SB45,1210,2 301.26 (4) (d) 2. Beginning on July 1, 1997 1999, and ending on December 31, 1997 1999, the per person daily cost assessment to counties shall be $150.44 $157.29 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $150.44 $157.29 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $160.22 $169.24 for care in a child caring institution, including a secured child caring institution, $111.16 $117.42 for care in a group home for children, $24.78 $26.17 for care in a foster home, $71.35 $75.37 for care in a treatment foster home, $88.19 $85.18 for departmental corrective sanctions services and $16.98 $16.85 for departmental aftercare services.

SB45, s. 2704 Section 2704. 301.26 (4) (d) 3. of the statutes is amended to read:

SB45,1210,12 301.26 (4) (d) 3. In calendar year 1998 2000, the per person daily cost assessment to counties shall be $154.94 $158.46 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $154.94 $158.46 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $161.79 $172.46 for care in a child caring institution, including a secured child caring institution, $112.25 $119.65 for care in a group home for children, $25.02 $26.67 for care in a foster home, $72.05 $76.80 for care in a treatment foster home, $80.41 $80.67 for departmental corrective sanctions services and $17.18 $17.03 for departmental aftercare services.

SB45, s. 2705 Section 2705. 301.26 (4) (d) 4. of the statutes is amended to read:

SB45,1210,22 301.26 (4) (d) 4. Beginning on January 1, 1999 2001, and ending on June 30, 1999 2001, the per person daily cost assessment to counties shall be $159.46 $159.62 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $159.46 $159.62 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $163.36 $175.67 for care in a child caring institution, including a secured child caring institution, $113.34 $121.88 for care in a group home for children, $25.26 $27.16 for care in a foster home, $72.75 $78.23 for care in a treatment foster home, $74.35 $76.67 for departmental corrective sanctions services and $17.39 $17.20 for departmental aftercare services.

SB45, s. 2706 Section 2706. 301.26 (4) (dt) of the statutes is amended to read:

SB45,1211,3 301.26 (4) (dt) For Except as provided in pars. (e) to (g), for serious juvenile offender services, all uniform fee collections under s. 301.03 (18) shall be credited to the appropriation account under s. 20.410 (3) (hm).

SB45, s. 2707 Section 2707. 301.26 (4) (e) of the statutes is amended to read:

SB45,1211,9 301.26 (4) (e) For foster care, treatment foster care, group home care, including secured group home care, and institutional child care to delinquent juveniles under ss. 49.19 (10) (d), 938.48 (4) and (14) and 938.52 all payments and deductions made under this subsection and uniform fee collections under s. 301.03 (18) shall be credited to the appropriation account under s. 20.410 (3) (ho).

SB45, s. 2708 Section 2708. 301.26 (4) (ed) of the statutes is amended to read:

SB45,1211,15 301.26 (4) (ed) For foster care, treatment foster care, group home care, including secured group home care, and institutional child care to serious juvenile offenders under ss. 49.19 (10) (d), 938.48 (4) and (14) and 938.52 all uniform fee collections under s. 301.03 (18) shall be credited to the appropriation account under s. 20.410 (3) (ho).

SB45, s. 2709 Section 2709. 301.26 (4) (g) of the statutes is amended to read:

SB45,1211,21 301.26 (4) (g) For juvenile field and institutional aftercare services under ch. 938 and for the office of juvenile offender review, all payments and deductions made under this subsection and uniform fee collections under s. 301.03 (18) shall be deposited in the general fund and shall be treated as a nonappropriated receipt credited to the appropriation account under s. 20.410 (3) (hm).

SB45, s. 2710 Section 2710. 301.263 (3) of the statutes is amended to read:

SB45,1212,11 301.263 (3) The department shall distribute 33% of the amounts distributed under sub. (1) based on each county's proportion of the violent Part I juvenile arrests reported statewide under the uniform crime reporting system of the office of justice assistance in the department of administration, during the most recent 2-year period for which that information is available. The department shall distribute 33% of the amounts distributed under sub. (1) based on each county's proportion of the number of juveniles statewide who are placed in a juvenile secured correctional institution or facility, a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home during the most recent 2-year period for which that information is available. The department shall distribute 34% of the amounts distributed under sub. (1) based on each county's proportion of the total Part I juvenile arrests reported statewide under the uniform crime reporting system of the office of justice assistance, during the most recent 2-year period for which that information is available.

SB45, s. 2711 Section 2711. 301.27 (2) of the statutes is amended to read:

SB45,1212,19 301.27 (2) Vending stands. The department shall establish and maintain a revolving fund not exceeding $60,000 $100,000 in any of the state institutions administered by the department, for the education, recreation and convenience of the patients, inmates and employes, to be used for the operation of vending stands, canteen operations, reading clubs, musical organizations, religious programs, athletics and similar projects. The funds are exempt from s. 20.906, but are subject to audit by the department and the legislative audit bureau in its discretion.

SB45, s. 2712 Section 2712. 301.36 (1) of the statutes is amended to read:

SB45,1212,25 301.36 (1) General authority. The department shall investigate and supervise all of the state correctional institutions prisons under s. 302.01, all secured correctional facilities, all secured child caring institutions, all secured group homes and all secure detention facilities and familiarize itself with all of the circumstances affecting their management and usefulness.

SB45, s. 2713 Section 2713. 301.37 (1) of the statutes is amended to read:

SB45,1213,10 301.37 (1) The department shall fix reasonable standards and regulations for the design, construction, repair and maintenance of all houses of correction, reforestation camps maintained under s. 303.07, jails as defined in s. 302.30, extensions of jails under s. 59.54 (14) (g), rehabilitation facilities under s. 59.53 (8), lockup facilities as defined in s. 302.30, work camps under s. 303.10, Huber facilities under s. 303.09 and, after consulting with the department of health and family services, all secured group homes and secure detention facilities operated by county departments under s. 46.215, 46.22 or 46.23, with respect to their adequacy and fitness for the needs which they are to serve.

SB45, s. 2714 Section 2714. 301.45 (1) (b) of the statutes is amended to read:

SB45,1213,19 301.45 (1) (b) Is in prison, a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home or is on probation, extended supervision, parole, supervision or aftercare supervision on or after December 25, 1993, for any violation, or for the solicitation, conspiracy or attempt to commit any violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30, or of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent.

SB45, s. 2715 Section 2715. 301.45 (1) (bm) of the statutes is amended to read:

SB45,1214,4 301.45 (1) (bm) Is in prison, a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home or is on probation, extended supervision, parole, supervision or aftercare supervision on or after December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of a law of this state that is comparable to s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30 or that is comparable to a violation of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent.

SB45, s. 2716 Section 2716. 301.45 (3) (a) 2. of the statutes is amended to read:

SB45,1214,9 301.45 (3) (a) 2. If the person has been sentenced to prison or placed in a secured correctional facility or, a secured child caring institution or a secured group home, he or she is subject to this subsection upon being released on parole, extended supervision or aftercare supervision.

SB45, s. 2717 Section 2717. 301.45 (5) (a) 2. of the statutes is amended to read:

SB45,1214,13 301.45 (5) (a) 2. If the person has been sentenced to prison or placed in a secured correctional facility or, a secured child caring institution or a secured group home, 15 years after discharge from parole or aftercare supervision.

SB45, s. 2718 Section 2718. 302.01 of the statutes is amended to read:

SB45,1215,11 302.01 State prisons named and defined. The penitentiary at Waupun is named "Waupun Correctional Institution". The correctional treatment center at Waupun is named "Dodge Correctional Institution". The penitentiary at Green Bay is named "Green Bay Correctional Institution". The medium/maximum penitentiary at Portage is named "Columbia Correctional Institution". The medium security institution at Oshkosh is named "Oshkosh Correctional Institution". The medium security penitentiary near Fox Lake is named "Fox Lake Correctional Institution". The penitentiary at Taycheedah is named "Taycheedah Correctional Institution". The medium security penitentiary at Plymouth is named "Kettle Moraine Correctional Institution". The penitentiary at the village of Sturtevant in Racine county is named "Racine Correctional Institution". The medium security penitentiary near Black River Falls is named "Jackson Correctional Institution". The medium maximum security penitentiary at Racine is named "Racine Youthful Offender Correctional Facility". The resource facility at Oshkosh is named "Wisconsin Resource Center". The institutions named in this section, the correctional institution institutions authorized under s. 301.16 (1n), (1s) and (1t), correctional institution authorized under 1997 Wisconsin Act 4, section 4 (1) (a), correctional institution authorized under s. 301.046 (1), correctional institution authorized under s. 301.048 (4) (b), minimum security correctional institutions authorized under s. 301.13, the probation and parole holding and alcohol and other drug abuse treatment facility authorized under s. 301.16 (1q) and state-local shared correctional facilities when established under s. 301.14, are state prisons.

SB45, s. 2719 Section 2719. 340.01 (3) (b) of the statutes is amended to read:

SB45,1215,15 340.01 (3) (b) Conservation wardens' vehicles or foresters' trucks, whether publicly or privately owned;. Conservation wardens' vehicles include all-terrain vehicles and snowmobiles being operated by conservation wardens.

SB45, s. 2720 Section 2720. 340.01 (3) (bm) of the statutes is created to read:

SB45,1215,19 340.01 (3) (bm) A snowmobile operated by an employe of the department of natural resources who is authorized to exercise the authority of the department of natural resources under s. 23.11 (4).

SB45, s. 2721 Section 2721. 341.135 (1) of the statutes is amended to read:

SB45,1216,8 341.135 (1) Design. The Not later than July 1, 2000, and every 6th year thereafter, the department shall establish new designs of registration plates to be issued under ss. 341.14 (1a), (1m), (1q), (2), (2m), (6m) or (6r), 341.25 (1) (a), (c), (h) and (j) and (2) (a), (b) and (c) and 341.26 (2) and (3) (a) 1. and (am). The Any design for registration plates issued for automobiles and for vehicles registered on the basis of gross weight shall comply with the applicable design requirements of ss. 341.12 (3), 341.13 and 341.14 (6r) (c). The designs for registration plates specified in this subsection shall be as similar in appearance as practicable during each 6-year design interval. Each registration plate issued under s. 341.14 (1a), (1m), (1q), (2), (2m), (6m) or (6r), 341.25 (1) (a), (c), (h) or (j) or (2) (a), (b) or (c) or 341.26 (2) or (3) (a) 1. or (am) during each 6-year design interval shall be of the design established under this subsection. The department may not redesign registration plates for the special group under s. 341.14 (6r) (f) 53. until January 1, 2005.

SB45, s. 2722 Section 2722. 341.135 (2) (a) of the statutes is renumbered 341.135 (2) (a) 1. and amended to read:

SB45,1216,16 341.135 (2) (a) 1. Beginning with registrations initially effective on July 1, 2000, upon receipt of a completed application to initially register a vehicle under s. 341.14 (1a), (1m), (1q), (2), (2m), (6m) or (6r), except s. 341.14 (6r) (f) 52. 53., or s. 341.25 (1) (a), (c), (h) and or (j) and or (2) (a), (b) and or (c) or 341.26 (2) and or (3) (a) 1. and or (am), the department shall issue and deliver prepaid to the applicant 2 new registration plates of the design established under sub. (1).

SB45,1216,25 (am) Notwithstanding ss. 341.13 (3) and (3m), beginning with registrations initially effective on July 1, 2000, upon receipt of a completed application to renew the registration of a vehicle registered under s. 341.14 (1a), (1m), (1q), (2), (2m), (6m) or (6r), except s. 341.14 (6r) (f) 52. 53., or s. 341.25 (1) (a), (c), (h) and or (j) and or (2) (a), (b) and or (c) for which a registration plate of the design established under sub. (1) has not been issued, the department may issue and deliver prepaid to the applicant 2 new registration plates of the design established under sub. (1). This subdivision does not apply to registration plates issued under s. 341.14 (6r) (f) 52., 1997 stats. This subdivision does not apply after June 30, 2005.

SB45, s. 2723 Section 2723. 341.135 (2) (a) 2. of the statutes is created to read:

SB45,1217,10 341.135 (2) (a) 2. Notwithstanding s. 341.13 (3), beginning with registrations initially effective on July 1, 2005, upon receipt of a completed application to initially register a vehicle under s. 341.14 (1a), (1m), (1q), (2), (2m), (6m) or (6r), or s. 341.25 (1) (a), (c), (h) or (j) or (2) (a), (b) or (c) or 341.26 (2) or (3) (a) 1. or (am), or to renew the registration of a vehicle under those sections for which a registration plate has not been issued during the previous 6 years, the department shall issue and deliver prepaid to the applicant 2 new registration plates of the design established for that 6-year period under sub. (1). This subdivision does not apply to registration plates issued under s. 341.14 (6r) (f) 52., 1997 stats.

SB45, s. 2724 Section 2724. 341.135 (2) (e) of the statutes is amended to read:

SB45,1217,18 341.135 (2) (e) The department shall issue new registration plates of the design established under sub. (1) for every vehicle registered under ss. s. 341.14 (1a), (1m), (1q), (2), (2m), (6m) or (6r), 341.25 (1) (a), (c), (h) and or (j) and or (2) (a), (b) and or (c) and or 341.26 (2) and or (3) (a) 1. and or (am) by July 1, 2003 within 5 years after the date specified in sub. (1), except that the department may not issue registration plates of a new design for a vehicle registered under s. 341.14 (6r) (f) 53. until January 1, 2005.

SB45, s. 2725 Section 2725. 341.135 (3) of the statutes is repealed.

SB45, s. 2726 Section 2726. 341.14 (6m) (a) of the statutes is amended to read: