SB550: Bill Text

SB550,28,23 (c) If the violation relates to the person's use of alcohol or other drugs, the court determines that the person can receive a prompt substance abuse assessment, if necessary, and prompt and appropriate substance abuse treatment under s. 51.49 (1) from the county department of community programs for the person's county of residence, and par. (d) does not apply, vacate the reviewing authority's decision to revoke the person's probation and order the person to submit to the assessment or participate in treatment or both as a condition of probation.

SB550,29,3 (d) If the person is required to participate in a substance abuse treatment program as a condition of probation and the violation relates to the person's participation in the program, vacate the reviewing authority's decision to revoke the person's probation and establish, maintain, or modify conditions of probation relating to the person's participation in the program.

SB550, s. 39 Section 39. 973.15 (2m) (a) 3. of the statutes, as created by 2001 Wisconsin Act 109, is amended to read:

SB550,29,11 973.15 (2m) (a) 3. "Period of confinement in prison," with respect to any sentence to the Wisconsin state prisons, means any time during which a person is incarcerated under that sentence, including any extensions imposed under s. 302.11 (3), 302.113 (3), or 302.114 (3) and any period of confinement in prison required to be served under s. 302.113 (9) (am), 2001 stats., or s. 302.11 (7) (am), 302.113 (9) (am) (ar) 1., or 302.114 (9) (am).

SB550, s. 40 Section 40. 973.15 (2m) (e) of the statutes, as created by 2001 Wisconsin Act 109, is amended to read:

SB550,29,20 973.15 (2m) (e) Revocation in multiple sentence cases. If a person is serving concurrent determinate sentences and extended supervision is revoked in each case, or if a person is serving a determinate sentence concurrent with an indeterminate sentence and both extended supervision and parole are revoked, the person shall concurrently serve any periods of confinement in prison required under those sentences under s. 302.113 (9) (am), 2001 stats., or s. 302.11 (7) (am), 302.113 (9) (am) (ar) 1., or 302.114 (9) (am).

SB550, s. 41 Section 41 . Nonstatutory provisions.

SB550,29,25 (1) The department of health and family services shall submit in proposed form the rules required under section 51.49 (2) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 4th month beginning after the effective date of this subsection.

SB550,30,10 (2) Using the procedure under section 227.24 of the statutes, the department of health and family services may promulgate the rules required under section 51.49 (2) of the statutes, as created by this act, for the period before the effective date of the permanent rules required under section 51.49 (2) of the statutes, as created by this act, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

SB550,30,15 (3) (a) By October 15, 2004, each county department of community programs shall submit a plan of services to the department of health and family services specifying who shall provide the assessments and services required under section 51.49 of the statutes, as created by this act, and describing how and where they shall be provided.

SB550,30,18 (b) Each county shall create a community corrections committee to advise the county department of community programs in developing the plan of services under paragraph (a). The committee shall consist of the following members:

SB550,30,20 1. A circuit court judge for the county, appointed by the chief judge of the judicial administrative district.

SB550,30,21 2. The district attorney for the county or his or her designee.

SB550,30,23 3. A chief of police for a municipality in the county, appointed by the county executive.

SB550,30,24 4. The county sheriff or his or her designee.

SB550,31,2 5. A probation, extended supervision, and parole agent, appointed by the secretary of corrections.

SB550,31,3 6. One assistant state public defender, appointed by the state public defender.

SB550,31,6 7. Four persons who are residents of the county and who are not public officials or employees, including at least one person who is a recovered drug abuser who successfully completed a drug treatment program.

SB550,31,9 (c) If a county department of community programs serves more than one county, the counties may create a joint committee on community corrections. The members may be from any of the participating counties.

SB550,31,12 (d) A community corrections committee created under this subsection shall disband after the plan established under paragraph (a ) is submitted to the department of health and family services.

SB550,31,15 (4) By November 1, 2004, the department of corrections shall issue a request for proposals to provide probation supervision services under section 971.41 (10) (a) of the statutes, as created by this act.

SB550,31,21 (5) (a) By November 15, 2004, each county shall submit an estimate, and documentation supporting the estimate, to the department of administration of the costs that it will incur and the money that it will save in implementing this act during the 3-year period beginning on September 1, 2005. The county shall also include a detailed estimate of the amount of money that it anticipates receiving from federal, state, local, and private sources to pay for the costs of implementing this act.

SB550,31,25 (b) By December 1, 2004, the department of administration shall prepare an estimate of the costs that the state will incur, other than through the funding proposal under paragraph (d), and the money that the state will save in implementing this act during the 3-year period beginning on September 1, 2005.

SB550,32,8 (c) In consultation with the attorney general and the secretaries of corrections and health and family services, the secretary of administration shall determine the level of resources needed by state and county agencies to implement this act and whether those resources are available in the form of federal, state, county, or private funding. The secretary of administration must consider counties' estimates in making this determination. If the secretary determines that there are not adequate resources available, the secretary shall reassess whether such resources are available at least once every 12 months thereafter.

SB550,32,12 (d) If the secretary of administration determines under paragraph (c) that there are adequate resources available to implement this act, the secretary shall provide written notice of that determination to the revisor of statutes, who shall publish the notice in the Wisconsin Administrative Register.

SB550, s. 42 Section 42 . Initial applicability.

SB550,32,16 (1) This act first applies to prosecutions and proceedings to revoke probation, extended supervision, or parole that are commenced on the effective date of this subsection.

SB550, s. 43 Section 43. Effective dates. This act takes effect on the first day of the 7th month beginning after the publication of the notice under Section 41 (5) (d ) of this act, except as follows:

SB550,32,20 (1) Section 41 of this act takes effect on the day after publication.

SB550,32,21 (End)