Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,1215,10 (b) That the regulated entity exercised reasonable care in attempting to prevent the violation and to ensure compliance with environmental requirements.

SB55-ASA1-AA1,1215,14 (c) That the regulated entity had a documented history of good faith efforts to comply with environmental requirements before implementing its environmental management system or before beginning to conduct environmental performance evaluations.

SB55-ASA1-AA1,1215,18 (d) That the regulated entity has promptly made appropriate efforts to achieve compliance with environmental requirements since implementing its environmental management system or since beginning to conduct environmental performance evaluations and that action was taken with due diligence.

SB55-ASA1-AA1,1215,20 (e) That the regulated entity exercised reasonable care in identifying violations in a timely manner.

SB55-ASA1-AA1,1215,23 (f) That the regulated entity willingly cooperated in any investigation that was conducted by this state or a local governmental unit to determine the extent and cause of the violation.

SB55-ASA1-AA1,1216,3 (9) Access to records. (a) Except as provided in par. (c), the department shall make any record, report, or other information obtained in the administration of this section available to the public.

SB55-ASA1-AA1,1216,9 (c) The department shall keep confidential any part of a record, report, or other information obtained in the administration of this section, other than emission data or discharge data, upon a showing satisfactory to the department by any person that the part of a record, report, or other information would, if made public, divulge a method or process that is entitled to protection as a trade secret, as defined in s. 134.90 (1) (c), of that person.

SB55-ASA1-AA1,1216,15 (d) If the department refuses to release information on the grounds that it is confidential under par. (c) and a person challenges that refusal, the department shall inform the affected regulated entity of that challenge. Unless the regulated entity authorizes the department to release the information, the regulated entity shall pay the reasonable costs incurred by this state to defend the refusal to release the information.

SB55-ASA1-AA1,1216,21 (e) Paragraph (c) does not prevent the disclosure of any information to a representative of the department for the purpose of administering this section or to an officer, employee or authorized representative of the federal government for the purpose of administering federal law. When the department provides information that is confidential under par. (c) to the federal government, the department shall also provide a copy of the application for confidential status.

SB55-ASA1-AA1,1216,24 (10) Penalty. (a) Any person who knowingly makes a false statement in a report submitted under sub. (3) shall be fined not less than $10 nor more than $10,000 or imprisoned for not more than 6 months or both.

SB55-ASA1-AA1,1217,3 (b) For purposes of this subsection, an act is committed knowingly if it is done voluntarily and is not the result of negligence, mistake, accident, or circumstances that are beyond the control of the person.".

SB55-ASA1-AA1,1217,4 1632. Page 1070, line 9: after that line insert:

SB55-ASA1-AA1,1217,5 " Section 3333j. 301.047 of the statutes is created to read:

SB55-ASA1-AA1,1217,12 301.047 Inmate rehabilitation and aftercare. (1) Program. The department may permit one or more nonprofit community-based organizations meeting the requirements of this section to operate an inmate rehabilitation program in any department facility if the department determines that operation of that program does not constitute a threat to the security of the facility or the safety of inmates or the public and that operation of the program is in the best interest of the inmates.

SB55-ASA1-AA1,1217,16 (2) Program requirements. (a) An organization seeking to operate a rehabilitation program under sub. (1) shall submit to the department a detailed proposal for the operation of the program. The proposal shall include all of the following:

SB55-ASA1-AA1,1217,18 1. A description of the services to be provided, including aftercare services, and a description of the geographic area in which aftercare services will be provided.

SB55-ASA1-AA1,1217,20 2. A description of the activities to be undertaken and the approximate daily schedule of programming for inmates participating in the program.

SB55-ASA1-AA1,1217,21 3. A statement of the qualifications of the individuals providing services.

SB55-ASA1-AA1,1217,23 4. A statement of the organization's policies regarding eligibility of inmates to participate in the program.

SB55-ASA1-AA1,1217,24 5. A statement of the goals of the program.

SB55-ASA1-AA1,1218,2 6. A description of the methods by which the organization will evaluate the effectiveness of the program in attaining the goals under subd. 5.

SB55-ASA1-AA1,1218,3 7. Any other information specified by the department.

SB55-ASA1-AA1,1218,5 (b) An organization seeking to operate a rehabilitation program under sub. (1) shall agree in writing to all of the following:

SB55-ASA1-AA1,1218,7 1. The organization may not receive compensation from the department for services provided in the rehabilitation program.

SB55-ASA1-AA1,1218,9 2. The organization may not deny an inmate the opportunity to participate in the program for any reason related to the inmate's religious beliefs or nonbelief.

SB55-ASA1-AA1,1218,10 3. An inmate may stop participating in the program at any time.

SB55-ASA1-AA1,1218,13 4. Upon the inmate's release, the organization shall provide community-based aftercare services for each inmate who completes the program and who resides in the geographic area described in par. (a) 1.

SB55-ASA1-AA1,1218,16 (3) Duties and authority of the department. (a) The department shall establish policies that provide an organization operating a rehabilitation program under sub. (1) reasonable access to inmates.

SB55-ASA1-AA1,1218,20 (b) The department shall designate a specific portion of the facility for operation of a rehabilitation program, if one is established, under sub. (1). To the extent possible, inmates participating in the program shall be housed in the portion of the facility in which the program is operated.

SB55-ASA1-AA1,1218,22 (c) The department may not require an inmate to participate in a rehabilitation program under sub. (1).

SB55-ASA1-AA1,1219,2 (d) The department may not base any decision regarding an inmate's conditions of confinement, including discipline, or an inmate's eligibility for release, on an inmate's decision to participate or not to participate in a rehabilitation program under sub. (1).

SB55-ASA1-AA1,1219,6 (e) The treatment of inmates, including the provision of housing, activities in which an inmate may participate, freedom of movement, and work assignments, shall be substantially the same for inmates who participate in a rehabilitation program under sub. (1) and inmates who do not participate in such a program.

SB55-ASA1-AA1,1219,9 (f) The department may restrict an inmate's participation in a rehabilitation program under sub. (1) only if the restriction is necessary for the security of the facility or the safety of the inmates or the public.

SB55-ASA1-AA1,1219,15 (g) The department may suspend or terminate operation of a rehabilitation program under sub. (1) if the organization operating the program fails to comply with any of the requirements under this section and shall suspend or terminate the operation of a program if the department determines that suspension or termination of the program is necessary for the security of the facility or the safety of the inmates or the public or is in the best interests of the inmates.

SB55-ASA1-AA1,1219,21 (h) 1. Except as provided in subd. 2., if an organization operating a rehabilitation program under sub. (1) promotes or informs the department that the organization intends to promote sectarian worship, instruction, or proselytization in connection with the rehabilitation program, the department shall permit all other religious organizations meeting the requirements of this section to operate an inmate rehabilitation program under sub. (1).

SB55-ASA1-AA1,1220,2 2. The department is not required under subd. 1. to permit a religious organization to operate an inmate rehabilitation program under sub. (1) if the department determines that the organization's operation of that program constitutes a threat to the security of the facility or the safety of the inmates or the public.

SB55-ASA1-AA1,1220,11 (4) Evaluation. The department shall evaluate or contract with a public or private agency for an evaluation of the effectiveness of each rehabilitation program operated under sub. (1) in reducing recidivism and alcohol and other drug abuse among program participants. The department shall collect the data and information necessary to evaluate the program. No later than 3 years from the date on which the rehabilitation program begins operating, the department shall submit a report of the evaluation to the governor and to the appropriate standing committees of the legislature, as determined by the speaker of the assembly and the president of the senate, under s. 13.172 (3).

SB55-ASA1-AA1,1220,16 (5) Suspension or termination of an inmate's participation. Notwithstanding sub. (2) (b) 2., an organization operating a rehabilitation program under sub. (1) may suspend or terminate an inmate's participation in a program for reasons unrelated to religious beliefs, including the inmate's failure to participate meaningfully in the program.

SB55-ASA1-AA1, s. 3334j Section 3334j. 301.065 of the statutes is created to read:

SB55-ASA1-AA1,1220,25 301.065 Religious organizations; contract powers. (1) Religious organizations; legislative purpose. The purpose of this section is to allow the department to contract with, or award grants to, religious organizations, under any program administered by the department relating to the prevention of delinquency and crime or the rehabilitation of offenders, on the same basis as any other nongovernmental provider, without impairing the religious character of such organizations, and without diminishing the religious freedom of beneficiaries of assistance funded under such program.

SB55-ASA1-AA1,1221,10 (2) Nondiscrimination against religious organizations. If the department is authorized under ch. 16 to contract with a nongovernmental entity, or to award grants to a nongovernmental entity, religious organizations are eligible, on the same basis as any other private organization, to be contractors and grantees under any program administered by the department so long as the programs are implemented consistently with the first amendment to the U.S. Constitution and article I, section 18, of the Wisconsin constitution. Except as provided in sub. (11), the department may not discriminate against an organization that is or applies to be a contractor or grantee on the basis that the organization does or does not have a religious character or because of the specific religious nature of the organization.

SB55-ASA1-AA1,1221,15 (3) Religious character and freedom. (a) The department shall allow a religious organization with which the department contracts or to which the department awards a grant to retain its independence from government, including the organization's control over the definition, development, practice, and expression of its religious beliefs.

SB55-ASA1-AA1,1221,18 (b) The department may not require a religious organization to alter its form of internal governance or to remove religious art, icons, scripture, or other symbols to be eligible for a contract or grant.

SB55-ASA1-AA1,1221,24 (4) Rights of beneficiaries of assistance. (a) If the department contracts with or awards grants to a religious organization for the provisions of crime prevention or offender rehabilitation assistance under a program administered by the department, an individual who is eligible for this assistance shall be informed in writing that assistance of equal value and accessibility is available from a nonreligious provider upon request.

SB55-ASA1-AA1,1222,7 (b) The department shall provide an individual who is otherwise eligible for assistance from an organization described under par. (a) with assistance of equal value from a nonreligious provider if the individual objects to the religious character of the organization described under par. (a) and requests assistance from a nonreligious provider. The department shall provide such assistance within a reasonable period of time after the date of the objection and shall ensure that it is accessible to the individual.

SB55-ASA1-AA1,1222,11 (6) Nondiscrimination against beneficiaries. A religious organization may not discriminate against an individual in regard to rendering assistance that is funded under any program administered by the department on the basis of religion, a religious belief or nonbelief, or a refusal to actively participate in a religious practice.

SB55-ASA1-AA1,1222,16 (7) Fiscal accountability. (a) Except as provided in par. (b), any religious organization that contracts with, or receives a grant from, the department is subject to the same laws and rules as other contractors and grantees regarding accounting, in accord with generally accepted auditing principles, for the use of the funds provided under such programs.

SB55-ASA1-AA1,1222,19 (b) If the religious organization segregates funds provided under programs administered by the department into separate accounts, only the financial assistance provided with those funds shall be subject to audit.

SB55-ASA1-AA1,1222,22 (8) Compliance. Any party that seeks to enforce its rights under this section may bring a civil action for injunctive relief against the entity that allegedly commits the violation.

SB55-ASA1-AA1,1222,25 (9) Limitations on use of funds for certain purposes. No funds provided directly to religious organizations by the department may be expended for sectarian worship, instruction, or proselytization.

SB55-ASA1-AA1,1223,7 (10) Certification of compliance. Every religious organization that contracts with, or receives a grant from, the department to provide delinquency and crime prevention or offender rehabilitation services to eligible recipients shall certify in writing that it has complied with the requirements of subs. (6) and (9) and submit to the department a copy of this certification and a written description of the policies the organization has adopted to ensure that it has complied with the requirements under subs. (6) and (9).

SB55-ASA1-AA1,1223,10 (11) Preemption. Nothing in this section may be construed to preempt any other statute that prohibits or restricts the expenditure of federal or state funds by or the granting of federal or state funds to religious organizations.".

SB55-ASA1-AA1,1223,11 1633. Page 1071, line 14: after that line insert:

SB55-ASA1-AA1,1223,13 " Section 3337rb. 301.205 (title) of the statutes is repealed and recreated to read:

SB55-ASA1-AA1,1223,14 301.205 (title) Transportation for visits.

SB55-ASA1-AA1, s. 3337rk Section 3337rk. 301.205 of the statutes is renumbered 301.205 (2) and amended to read:

SB55-ASA1-AA1,1223,21 301.205 (2) The Notwithstanding sub. (1), the department may reimburse families visiting girls at a secured correctional facility. If the department decides to provide the reimbursement, the department shall establish criteria for the level of reimbursement, which shall include family income and size and other relevant factors.

SB55-ASA1-AA1,1223,22 " Section 3337rr. 301.205 (1) of the statutes is created to read:

SB55-ASA1-AA1,1223,24 301.205 (1) The department may not use state funds to transport persons visiting inmates in state prisons.".

SB55-ASA1-AA1,1224,1 1634. Page 1076, line 7: after that line insert:

SB55-ASA1-AA1,1224,2 " Section 3352u. 301.46 (2s) of the statutes is created to read:

SB55-ASA1-AA1,1224,4 301.46 (2s) Providing information to the University of Wisconsin System. (a) In this subsection:

SB55-ASA1-AA1,1224,6 1. "Board of regents" means the board of regents of the University of Wisconsin System.

SB55-ASA1-AA1,1224,8 2. "University of Wisconsin employee" means a person employed by the board of regents.

SB55-ASA1-AA1,1224,10 3. "University of Wisconsin student" means a person attending an institution within the University of Wisconsin System.

SB55-ASA1-AA1,1224,15 (b) When a University of Wisconsin employee or student registers with the department under s. 301.45 (2) or a person who is registered with the department under s. 301.45 (2) becomes a University of Wisconsin employee or student, the department shall immediately provide in writing the following information about the person to the board of regents:

SB55-ASA1-AA1,1224,16 1. The person's name, including any aliases used by the person.

SB55-ASA1-AA1,1224,18 2. Information sufficient to identify the person, including date of birth, gender, race, height, weight, and hair and eye color.

SB55-ASA1-AA1,1224,21 3. The statute that the person violated, the date of conviction, adjudication, or commitment, and the county or, if the state is not this state, the state in which the person was convicted, adjudicated, or committed.

SB55-ASA1-AA1,1224,22 4. The address at which the person is residing.

SB55-ASA1-AA1,1224,24 5. If the person is a University of Wisconsin employee, the name and address of any institution at which the person works.

SB55-ASA1-AA1,1225,2 6. If the person is a University of Wisconsin student, the name and address of the institution that the person attends.

SB55-ASA1-AA1,1225,3 7. The most recent date on which the information under s. 301.45 was updated.

SB55-ASA1-AA1,1225,6 (c) When an individual described in par. (b) (intro.) updates information under s. 301.45 (4), the department shall immediately provide the updated information in writing to the board of regents.

SB55-ASA1-AA1, s. 3352w Section 3352w. 301.46 (5) (a) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,1225,13 301.46 (5) (a) (intro.) The department or a police chief or sheriff may provide the information specified in par. (b) concerning a specific person required to register under s. 301.45 to a person who is not provided notice or access under subs. sub. (2) to, (2m), (3), or (4) if, in the opinion of the department or the police chief or sheriff, providing the information is necessary to protect the public and if the person requesting the information does all of the following:".

SB55-ASA1-AA1,1225,14 1635. Page 1077, line 16: after that line insert:

SB55-ASA1-AA1,1225,15 " Section 3354c. 302.06 of the statutes is amended to read:

SB55-ASA1-AA1,1226,2 302.06 Delivery of persons to prisons. The sheriff shall deliver to the reception center designated by the department every person convicted in the county and sentenced to the Wisconsin state prisons or to the intensive sanctions program as soon as may be possible after sentence, together with a copy of the judgment of conviction and, if applicable, a copy of any report specified in s. 973.017 (4). The warden or superintendent shall deliver to the sheriff a receipt acknowledging receipt of the person, naming the person, which receipt the sheriff shall file in the office of the clerk who issued the copy of the judgment of conviction. When transporting or delivering the person to any of the Wisconsin state prisons the sheriff shall be accompanied by an adult of the same sex as the person. If the sheriff and the person are of the same sex, this requirement is satisfied and a 3rd person is not required.".

SB55-ASA1-AA1,1226,3 1636. Page 1077, line 23: after that line insert:

SB55-ASA1-AA1,1226,4 " Section 3354j. 302.11 (1g) (b) 2. of the statutes is amended to read:

SB55-ASA1-AA1,1226,11 302.11 (1g) (b) 2. Refusal by the inmate to participate in counseling or treatment that the social service and clinical staff of the institution determines is necessary for the inmate, including pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen if the inmate is a serious child sex offender as defined in s. 304.06 (1q) (a). The parole commission may not deny presumptive mandatory release to an inmate because of the inmate's refusal to participate in a rehabilitation program under s. 301.047.".

SB55-ASA1-AA1,1226,12 1637. Page 1080, line 19: after that line insert:

SB55-ASA1-AA1,1226,13 " Section 3367r. 302.113 (7m) of the statutes is created to read:

SB55-ASA1-AA1,1226,21 302.113 (7m) An inmate who was found guilty but mentally ill under s. 971.163 or 971.165 and who is released on extended supervision under this section is required as a condition of his or her extended supervision to participate in any necessary and appropriate treatment that is recommended by the department of corrections or by the department of health and family services. In determining what treatment, if any, to recommend as a condition of the inmate's extended supervision, the department of corrections shall consider any reports prepared by the department of health and family services under s. 51.20 (19) (am) or 51.37 (8m).".

SB55-ASA1-AA1,1226,22 1638. Page 1083, line 21: after that line insert:

SB55-ASA1-AA1,1226,23 " Section 3377d. 302.114 (5) (dm) of the statutes is created to read:

SB55-ASA1-AA1,1227,9 302.114 (5) (dm) If the court grants the petition for release to extended supervision of an inmate who was found guilty but mentally ill under s. 971.163 or 971.165, the court shall require the inmate as a condition of his or her extended supervision to participate in any necessary and appropriate treatment that is recommended by the department of corrections or by the department of health and family services. In determining what treatment, if any, to recommend as a condition of the inmate's extended supervision, the department of corrections shall consider any reports prepared by the department of health and family services under s. 51.20 (19) (am) or 51.37 (8m).".

SB55-ASA1-AA1,1227,10 1639. Page 1090, line 13: after that line insert: