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(b) If the person has already been sentenced, vacate the stay of the sentence.
15The term of a sentence under this paragraph shall begin on the date on which the
16person enters the prison.
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(c) If the violation relates to the person's use of alcohol or other drugs, the court
18determines that the person can receive a prompt substance abuse assessment, if
19necessary, and prompt and appropriate substance abuse treatment under s. 51.49 (1)
20from the county department of community programs for the person's county of
21residence, and par. (d) does not apply, vacate the reviewing authority's decision to
22revoke the person's probation and order the person to submit to the assessment or
23participate in treatment or both as a condition of probation.
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(d) If the person is required to participate in a substance abuse treatment
25program as a condition of probation and the violation relates to the person's
1participation in the program, vacate the reviewing authority's decision to revoke the
2person's probation and establish, maintain, or modify conditions of probation
3relating to the person's participation in the program.
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973.15
(2m) (a) 3. "Period of confinement in prison," with respect to any
7sentence to the Wisconsin state prisons, means any time during which a person is
8incarcerated under that sentence, including any extensions imposed under s. 302.11
9(3), 302.113 (3), or 302.114 (3) and any period of confinement in prison required to
10be served under s. 302.113 (9) (am), 2001 stats., or s. 302.11 (7) (am), 302.113 (9)
(am) 11(ar) 1., or 302.114 (9) (am).
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973.15
(2m) (e)
Revocation in multiple sentence cases. If a person is serving
15concurrent determinate sentences and extended supervision is revoked in each case,
16or if a person is serving a determinate sentence concurrent with an indeterminate
17sentence and both extended supervision and parole are revoked, the person shall
18concurrently serve any periods of confinement in prison required under those
19sentences under s. 302.113 (9) (am), 2001 stats., or s. 302.11 (7) (am), 302.113 (9)
(am) 20(ar) 1., or 302.114 (9) (am).
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(1) The department of health and family services shall submit in proposed form
23the rules required under section 51.49 (2) of the statutes, as created by this act, to
24the legislative council staff under section 227.15 (1) of the statutes no later than the
25first day of the 4th month beginning after the effective date of this subsection.
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1(2) Using the procedure under section 227.24 of the statutes, the department
2of health and family services may promulgate the rules required under section 51.49
3(2) of the statutes, as created by this act, for the period before the effective date of the
4permanent rules required under section 51.49 (2) of the statutes, as created by this
5act, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the
6statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the
7department is not required to provide evidence that promulgating a rule under this
8subsection as an emergency rule is necessary for the preservation of the public peace,
9health, safety, or welfare and is not required to provide a finding of emergency for a
10rule promulgated under this subsection.
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(3) (a) By October 15, 2004, each county department of community programs
12shall submit a plan of services to the department of health and family services
13specifying who shall provide the assessments and services required under section
1451.49 of the statutes, as created by this act, and describing how and where they shall
15be provided.
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(b) Each county shall create a community corrections committee to advise the
17county department of community programs in developing the plan of services under
18paragraph (a). The committee shall consist of the following members:
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191. A circuit court judge for the county, appointed by the chief judge of the
20judicial administrative district.
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212. The district attorney for the county or his or her designee.
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223. A chief of police for a municipality in the county, appointed by the county
23executive.
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244. The county sheriff or his or her designee.
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15. A probation, extended supervision, and parole agent, appointed by the
2secretary of corrections.
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36. One assistant state public defender, appointed by the state public defender.
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47. Four persons who are residents of the county and who are not public officials
5or employees, including at least one person who is a recovered drug abuser who
6successfully completed a drug treatment program.
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(c) If a county department of community programs serves more than one
8county, the counties may create a joint committee on community corrections. The
9members may be from any of the participating counties.
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(d) A community corrections committee created under this subsection shall
11disband after the plan established under paragraph (a
) is submitted to the
12department of health and family services.
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(4) By November 1, 2004, the department of corrections shall issue a request
14for proposals to provide probation supervision services under section 971.41 (10) (a)
15of the statutes, as created by this act.
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(5) (a)
By November 15, 2004, each county shall submit an estimate, and
17documentation supporting the estimate, to the department of administration of the
18costs that it will incur and the money that it will save in implementing this act during
19the 3-year period beginning on September 1, 2005. The county shall also include a
20detailed estimate of the amount of money that it anticipates receiving from federal,
21state, local, and private sources to pay for the costs of implementing this act.
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(b) By December 1, 2004, the department of administration shall prepare an
23estimate of the costs that the state will incur, other than through the funding
24proposal under paragraph (d), and the money that the state will save in
25implementing this act during the 3-year period beginning on September 1, 2005.
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1(c) In consultation with the attorney general and the secretaries of corrections
2and health and family services, the secretary of administration shall determine the
3level of resources needed by state and county agencies to implement this act and
4whether those resources are available in the form of federal, state, county, or private
5funding. The secretary of administration must consider counties' estimates in
6making this determination. If the secretary determines that there are not adequate
7resources available, the secretary shall reassess whether such resources are
8available at least once every 12 months thereafter.
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(d) If the secretary of administration determines under paragraph (c) that
10there are adequate resources available to implement this act, the secretary shall
11provide written notice of that determination to the revisor of statutes, who shall
12publish the notice in the Wisconsin Administrative Register.
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(1) This act first applies to prosecutions and proceedings to revoke probation,
15extended supervision, or parole that are commenced on the effective date of this
16subsection.
SB550, s. 43
17Section
43.
Effective dates. This act takes effect on the first day of the 7th
18month beginning after the publication of the notice under
Section 41 (5) (d
) of this
19act, except as follows:
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(1)
Section
41 of this act takes effect on the day after publication.