2005 Wisconsin Act 25

814.75 (11) The drug offender diversion surcharge under s. 973.043.

25,2450b Section 2450b. 814.76 (9) of the statutes is created to read:

814.76 (9) The drug offender diversion surcharge under s. 973.043.

25,2450d Section 2450d. 814.77 (3m) of the statutes is created to read:

814.77 (3m) The crime victim and witness assistance surcharge under s. 973.045 (1m).

25,2450g Section 2450g. 814.78 (4m) of the statutes is created to read:

814.78 (4m) The crime victim and witness assistance surcharge under s. 973.045 (1m).

25,2450m Section 2450m. 814.79 (3m) of the statutes is created to read:

814.79 (3m) The crime victim and witness assistance surcharge under s. 973.045 (1m).

25,2450r Section 2450r. 814.80 (4m) of the statutes is created to read:

814.80 (4m) The crime victim and witness assistance surcharge under s. 973.045 (1m).

25,2451 Section 2451. 814.86 (1) of the statutes is amended to read:

814.86 (1) Except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $9 $12 justice information system surcharge from any person, including any governmental unit, as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62 (1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system surcharge is in addition to the surcharge listed in sub. (1m).

25,2454 Section 2454. 891.455 (4) of the statutes is amended to read:

891.455 (4) The presumption under sub. (2) for cancers caused by smoking or tobacco product use shall not apply to any municipal fire fighter who smokes cigarettes, as defined in s. 139.30 (1) (1m), or who uses a tobacco product, as defined in s. 139.75 (12), after January 1, 2001.

25,2455 Section 2455. 909.02 (4) of the statutes is amended to read:

909.02 (4) Certified copies of public records. A copy of an official record or report or entry therein, or of a document authorized by law to be recorded or filed and actually recorded or filed in a public office, including data compilations in any form, certified as correct by the custodian or other person authorized to make the certification, by certificate complying with sub. (1), (2) or (3) or complying with any statute or rule adopted by the supreme court, or, with respect to records maintained under s. 343.23, certified electronically in any manner determined by the department of transportation to conform with the requirements of s. 909.01.

25,2458 Section 2458. 938.33 (4) (intro.) of the statutes is amended to read:

938.33 (4) Other out-of-home placements. (intro.) A report recommending placement in a foster home, treatment foster home, group home, or nonsecured residential care center for children and youth or, in the home of a relative other than a parent, or in the home of a guardian under s. 48.977 (2) shall be in writing, except that the report may be presented orally at the dispositional hearing if all parties consent. A report that is presented orally shall be transcribed and made a part of the court record. The report shall include all of the following:

25,2459 Section 2459. 938.345 (4) of the statutes is created to read:

938.345 (4) If the court finds that a juvenile is in need of protection or services under s. 938.13 (4), the court, instead of or in addition to any other disposition imposed under sub. (1), may place the juvenile in the home of a guardian under s. 48.977 (2).

25,2460 Section 2460. 938.57 (1) (c) of the statutes is amended to read:

938.57 (1) (c) Provide appropriate protection and services for juveniles in its care, including providing services for juveniles and their families in their own homes, placing the juveniles in licensed foster homes, licensed treatment foster homes, or licensed group homes in this state or another state within a reasonable proximity to the agency with legal custody, placing the juveniles in the homes of guardians under s. 48.977 (2), or contracting for services for them by licensed child welfare agencies or replacing them in secured correctional facilities, secured child caring institutions, or secured group homes in accordance with rules promulgated under ch. 227, except that the county department may not purchase the educational component of private day treatment programs unless the county department, the school board, as defined in s. 115.001 (7), and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the county department and the school district shall be resolved by the state superintendent of public instruction.

25,2461 Section 2461. 938.57 (3) (a) 4. of the statutes is amended to read:

938.57 (3) (a) 4. Is living in a foster home, treatment foster home, group home, or, residential care center for children and youth, or subsidized guardianship home under s. 48.62 (5).

25,2462 Section 2462. 938.78 (2) (h) of the statutes is created to read:

938.78 (2) (h) Paragraph (a) does not prohibit an agency from entering the content of any record kept or information received about an individual in its care or legal custody into the statewide automated child welfare information system established under s. 46.03 (7) (g). Paragraph (a) also does not prohibit a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437, the department of health and family services, the department of corrections, or any other organization that has entered into an information sharing and access agreement with one of those county departments or departments and that has been approved for access to the statewide automated child welfare information system by the department of health and family services from having access to information concerning a client of that county department, department, or organization under this chapter or ch. 48 or 51 that is maintained in the statewide automated child welfare information system, if necessary to enable the county department, department, or organization to perform its duties under this chapter or ch. 48 or 51 or to coordinate the delivery of services under this chapter or ch. 48 or 51 to the client. Before entering any information about an individual into the statewide automated child welfare information system, the agency entering the information shall notify the individual that the information entered may be disclosed as provided in this paragraph.

25,2466 Section 2466. 944.21 (8) (b) 3. a. of the statutes is amended to read:

944.21 (8) (b) 3. a. Is a technical college, is a school approved by the educational approval board under s. 45.54 38.50 or is a school described in s. 45.54 38.50 (1) (e) 6., 7. or 8.; and

25,2467 Section 2467. 948.11 (4) (b) 3. a. of the statutes is amended to read:

948.11 (4) (b) 3. a. Is a technical college, is a school approved by the educational approval board under s. 45.54 38.50 or is a school described in s. 45.54 38.50 (1) (e) 6., 7. or 8.; and

25,2467c Section 2467c. 961.41 (5) (a) of the statutes is amended to read:

961.41 (5) (a) When a court imposes a fine for a violation of this section, it shall also impose a drug abuse program improvement surcharge under ch. 814 in an amount of 50% 75 percent of the fine and penalty surcharge imposed.

25,2467d Section 2467d. 961.41 (5) (c) of the statutes is renumbered 961.41 (5) (c) 1. (intro.) and amended to read:

961.41 (5) (c) 1. (intro.) All of the following moneys collected from drug surcharges under this subsection shall be deposited by the secretary of administration in and utilized in accordance with credited to the appropriation account under s. 20.435 (6) (gb).:

25,2467g Section 2467g. 961.41 (5) (c) 1. of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

961.41 (5) (c) 1. Two-thirds of all moneys collected from drug surcharges under this subsection shall be credited to the appropriation account under s. 20.435 (6) (gb).

25,2467gm Section 2467gm. 961.41 (5) (c) 1. a. of the statutes is created to read:

961.41 (5) (c) 1. a. For fiscal year 2005-06, all of the first $1,038,600 collected from drug surcharges under this subsection during that fiscal year plus two-thirds of all moneys collected in excess of $1,528,600 from drug surcharges under this subsection during that fiscal year.

25,2467h Section 2467h. 961.41 (5) (c) 1. b. of the statutes is created to read:

961.41 (5) (c) 1. b. For fiscal year 2006-07, all of the first $1,044,300 collected from drug surcharges under this subsection during that fiscal year plus two-thirds of all moneys collected in excess of $1,534,300 from drug surcharges under this subsection during that fiscal year.

25,2467i Section 2467i. 961.41 (5) (c) 2. of the statutes is created to read:

961.41 (5) (c) 2. All of the following moneys collected from drug surcharges under this subsection shall be credited to the appropriation account under s. 20.505 (6) (ku):

a. For fiscal year 2005-06, all of the moneys collected in excess of $1,038,600 from drug surcharges under this subsection during that fiscal year until the first $1,528,600 has been collected plus one-third of all moneys collected in excess of $1,528,600 from drug surcharges under this subsection during that fiscal year.

b. For fiscal year 2006-07, all of the moneys collected in excess of $1,044,300 from drug surcharges under this subsection during that fiscal year until the first $1,534,300 has been collected plus one-third of all moneys collected in excess of $1,534,300 from drug surcharges under this subsection during that fiscal year.

25,2467k Section 2467k. 961.41 (5) (c) 2. of the statutes, as created by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

961.41 (5) (c) 2. One-third of all moneys collected from drug surcharges under this subsection shall be credited to the appropriation account under s. 20.505 (6) (ku).

25,2467m Section 2467m. 961.472 (5) of the statutes is repealed and recreated to read:

961.472 (5) The court is not required to enter an order under sub. (2) if any of the following applies:

(a) The court finds that the person is already covered by or has recently completed an assessment under this section or a substantially similar assessment.

(b) The person is participating in a substance abuse treatment program that meets the requirements of s. 16.964 (12) (c), as determined by the office of justice assistance under s. 16.964 (12) (i).

25,2467p Section 2467p. 967.11 of the statutes is created to read:

967.11 Alternatives to prosecution and incarceration; monitoring participants. (1) In this section, "approved substance abuse treatment program" means a substance abuse treatment program that meets the requirements of s. 16.964 (12) (c), as determined by the office of justice assistance under s. 16.964 (12) (i).

(2) If a county establishes an approved substance abuse treatment program and the program authorizes the use of surveillance and monitoring technology or day reporting programs, a court or a district attorney may require a person participating in an approved substance abuse treatment program to submit to surveillance and monitoring technology or a day reporting program as a condition of participation.

25,2467s Section 2467s. 973.032 (6) of the statutes is amended to read:

973.032 (6) Credit. Any sentence credit under s. 973.155 (1) or (1m) applies toward service of the period under sub. (3) (a) but does not apply toward service of the period under sub. (3) (b).

25,2467x Section 2467x. 973.043 of the statutes is created to read:

973.043 Drug offender diversion surcharge. (1) If a court imposes a sentence or places a person on probation for a crime under ch. 943 that was committed on or after the first day of the 3rd month beginning after the effective date of this subsection .... [revisor inserts date], the court shall impose a drug offender diversion surcharge of $10 for each conviction.

(2) After determining the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration under s. 59.25 (3) (f) 2.

(3) All moneys collected from drug offender diversion surcharges shall be credited to the appropriation account under s. 20.505 (6) (ku) and used for the purpose of making grants to counties under s. 16.964 (12).

(4) If an inmate in a state prison or a person sentenced to a state prison has not paid the drug offender diversion surcharge under this section, the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected shall be transmitted to the secretary of administration.

25,2468m Section 2468m. 973.045 (1) (intro.) of the statutes is amended to read:

973.045 (1) (intro.) On or after October 1, 1983, Except as provided in sub. (1m), if a court imposes a sentence or places a person on probation, the court shall impose a crime victim and witness assistance surcharge calculated as follows:

25,2469 Section 2469. 973.045 (1) (a) of the statutes is amended to read:

973.045 (1) (a) For each misdemeanor offense or count, $50 $60.

25,2470 Section 2470. 973.045 (1) (b) of the statutes is amended to read:

973.045 (1) (b) For each felony offense or count, $70 $85.

25,2470m Section 2470m. 973.045 (1m) of the statutes is created to read:

973.045 (1m) If a complaint is issued charging a person with a crime for an offense that could subject the person to a forfeiture or to prosecution for a crime, the prosecutor decides to defer or suspend the criminal prosecution, and as a result the person agrees to pay a forfeiture, the court shall impose a crime victim and witness assistance surcharge in addition to imposing a forfeiture. The amount of the surcharge shall be the amount specified in sub. (1) (a) or (b), depending on the crime that the person was charged with in the complaint.

25,2471 Section 2471. 973.045 (3) (a) 1. of the statutes is amended to read:

973.045 (3) (a) 1. Part A equals $30 $40 for each misdemeanor offense or count and $50 $65 for each felony offense or count.

25,2472 Section 2472. 973.05 (2m) of the statutes is amended to read:

973.05 (2m) Payments under this section shall be applied first to payment of the penalty surcharge until paid in full, shall then be applied to the payment of the jail surcharge until paid in full, shall then be applied to the payment of part A of the crime victim and witness assistance surcharge until paid in full, shall then be applied to part B of the crime victim and witness assistance surcharge until paid in full, shall then be applied to the crime laboratories and drug law enforcement surcharge until paid in full, shall then be applied to the deoxyribonucleic acid analysis surcharge until paid in full, shall then be applied to the drug abuse program improvement surcharge until paid in full, shall then be applied to the drug offender diversion surcharge until paid in full, shall then be applied to payment of the driver improvement surcharge until paid in full, shall then be applied to the truck driver education surcharge if applicable until paid in full, shall then be applied to payment of the domestic abuse surcharge until paid in full, shall then be applied to payment of the consumer protection surcharge until paid in full, shall then be applied to payment of the natural resources surcharge if applicable until paid in full, shall then be applied to payment of the natural resources restitution surcharge until paid in full, shall then be applied to the payment of the environmental surcharge if applicable until paid in full, shall then be applied to the payment of the wild animal protection surcharge if applicable until paid in full, shall then be applied to payment of the weapons surcharge until paid in full, shall then be applied to payment of the uninsured employer surcharge until paid in full, shall then be applied to payment of the enforcement surcharge under s. 253.06 (4) (c), if applicable, until paid in full, and shall then be applied to payment of the fine and the costs and fees imposed under ch. 814.

25,2473 Section 2473. 973.09 (1) (a) of the statutes is amended to read:

973.09 (1) (a) Except as provided in par. (c) or if probation is prohibited for a particular offense by statute, if a person is convicted of a crime, the court, by order, may withhold sentence or impose sentence under s. 973.15 and stay its execution, and in either case place the person on probation to the department for a stated period, stating in the order the reasons therefor. The court may impose any conditions which appear to be reasonable and appropriate. The period of probation may be made consecutive to a sentence on a different charge, whether imposed at the same time or previously. If the court imposes an increased a term of probation, as authorized under sub. (2) (a) 1. or 2. or (b) 2., it shall place its reasons for doing so on the record.

25,2473e Section 2473e. 973.09 (2) (a) 1. of the statutes is renumbered 973.09 (2) (a) 1. (intro.) and amended to read:

973.09 (2) (a) 1. Except as provided in subd. 2., for any of the following misdemeanors, not less than 6 months nor more than 2 years.:

25,2474d Section 2474d. 973.09 (2) (a) 1. a. of the statutes is created to read:

973.09 (2) (a) 1. a. A misdemeanor that the defendant committed while possessing a firearm.

25,2474g Section 2474g. 973.09 (2) (a) 1. b. of the statutes is created to read:

973.09 (2) (a) 1. b. A misdemeanor that was an act of domestic abuse, as defined in s. 968.075 (1) (a).

25,2474j Section 2474j. 973.09 (2) (a) 1. c. of the statutes is created to read:

973.09 (2) (a) 1. c. A misdemeanor under s. 940.225 (3m) or ch. 948.

25,2474m Section 2474m. 973.09 (2) (a) 1. d. of the statutes is created to read:

973.09 (2) (a) 1. d. A misdemeanor under s. 23.33 (4c) or (4p) (e), 30.681, 30.684 (5), 350.101, 350.104 (5), or 350.17 or a misdemeanor under s. 346.63 to which s. 973.09 (1) (d) applies.

25,2475b Section 2475b. 973.09 (2) (a) 1m. of the statutes is created to read:

973.09 (2) (a) 1m. Except as provided in subd. 2., for Class A misdemeanors not covered by subd. 1., not less than 6 months nor more than one year.

25,2475d Section 2475d. 973.09 (2) (a) 1r. of the statutes is created to read:

973.09 (2) (a) 1r. Except as provided in subd. 2., for misdemeanors not covered by subd. 1. or 1m., not more than one year.