Amendment ASA1-AB100

AB100-ASA1,839,6 285.69 (2) (i) The fees collected under this subsection from the owner or operator of a stationary source for which an operation permit is required under s. 285.60 but not under the federal clean air act and under sub. (1g) shall be credited to the appropriation account under s. 20.370 (2) (bh) for the following purposes as they relate to stationary sources for which an operation permit is required under s. 285.60 but not under the federal clean air act:

AB100-ASA1,839,13 1. The costs of reviewing and acting on applications for operation permits; implementing and enforcing operation permits except for court costs or other costs associated with an enforcement action; monitoring emissions and ambient air quality; preparing rules and materials to assist persons who are subject to the operation permit program; ambient air quality modeling; preparing and maintaining emission inventories; and any other direct and indirect costs of the operation permit program.

AB100-ASA1,839,15 2. Costs of any other activities related to stationary sources of air contaminants.

AB100-ASA1, s. 2198 Section 2198. 287.26 of the statutes is created to read:

AB100-ASA1,840,2 287.26 Business waste reduction and recycling assistance. The department may contract with a nonprofit organization for services to assist businesses to reduce the amount of solid waste generated or to reuse or recycle solid waste. The department may not provide more than $250,000 annually under a contract under this section. The department may not provide funds under this section in an amount that exceeds 50 percent of the costs of the services to be provided under the contract. The department shall include in any contract under this section goals and objectives for the services to be provided, methods to measure progress toward the goals and objectives, and a schedule for reporting to the department on the use of funds and progress towards the goals and objectives.

AB100-ASA1, s. 2198t Section 2198t. 289.64 (3) of the statutes is amended to read:

AB100-ASA1,840,5 289.64 (3) Amount of solid waste facility siting board fee. The fee imposed under this section is 1.7 0.7 cents per ton for solid waste or hazardous waste.

AB100-ASA1, s. 2198x Section 2198x. 289.645 (3) of the statutes is amended to read:

AB100-ASA1,840,8 289.645 (3) Amount of recycling fee. The fee imposed under this section is $3 $2.25 per ton for all solid waste other than high-volume industrial waste.

AB100-ASA1, s. 2199 Section 2199. 289.645 (4) (e) of the statutes is created to read:

AB100-ASA1,840,13 289.645 (4) (e) The recycling fee does not apply to waste material that is removed from recycled materials intended for use as recycled fiber by a person that makes paper, pulp, or paperboard from wastepaper, if the waste material cannot be used to make paper, pulp, or paperboard.

AB100-ASA1, s. 2202 Section 2202. 292.57 (2) (b) of the statutes is amended to read:

AB100-ASA1,840,16 292.57 (2) (b) Any moneys collected under this subsection shall be credited to the appropriation account under s. 20.370 (2) (mi) (dh).

AB100-ASA1, s. 2203m Section 2203m. 301.067 of the statutes is created to read:

AB100-ASA1,840,21 301.067 Funding for certain community reintegration services. From the appropriation under s. 20.410 (1) (d), the department shall provide $50,000 each fiscal year to Madison-area Urban Ministry, Inc., and $50,000 each fiscal year to Project Return for community reintegration services.

AB100-ASA1, s. 2204 Section 2204. 301.235 (2) (a) (intro.) of the statutes is amended to read:

AB100-ASA1,841,5 301.235 (2) (a) (intro.) In order to provide new buildings and to enable the construction and financing thereof, to refinance indebtedness created by a nonprofit corporation for the purpose of providing a new building or buildings or additions or improvements thereto which are located on land owned by, or owned by the state and held for, the department or on lands of the institutions under the jurisdiction of the department or owned by the nonprofit corporation, or for any one or more of those purposes, but for no other purpose unless authorized by law, the department, subject to s. 16.848, has the following powers and duties:

AB100-ASA1, s. 2205 Section 2205. 301.235 (2) (a) 1. of the statutes is amended to read:

AB100-ASA1,841,12 301.235 (2) (a) 1. Without limitation by reason of any other statute except s. 16.848, the power to sell and to convey title in fee simple to a nonprofit corporation any land and any existing buildings thereon owned by, or owned by the state and held for, the department or any of the institutions under the jurisdiction of the department for such consideration and upon such terms and conditions as in the judgment of the secretary are in the public interest.

AB100-ASA1, s. 2206 Section 2206. 301.24 (4) of the statutes is amended to read:

AB100-ASA1,841,20 301.24 (4) Sales. The Except where a sale occurs under s. 16.848, the department, with the approval of the building commission, may sell and convey such lands under the jurisdiction of the department as the secretary deems to be in excess of the present or future requirements of the department for either the operation of its facilities or programs, for the maintenance of buffer zones adjacent to its facilities or for other public purposes. The proceeds of the sales shall be credited to the state building trust fund.

AB100-ASA1, s. 2207 Section 2207. 301.24 (4m) of the statutes is amended to read:

AB100-ASA1,842,3 301.24 (4m) Correctional institution property disposition. In addition to any other requirements under this section, except where a sale occurs under s. 16.848, the department may sell or otherwise transfer or dispose of the property acquired for the correctional institution under s. 46.05 (1o), 1985 stats., only if the sale, transfer or disposition is approved by the joint committee on finance. The department shall submit a plan for any such proposed sale, transfer or disposition to the committee.

AB100-ASA1, s. 2208 Section 2208. 301.25 of the statutes is amended to read:

AB100-ASA1,842,12 301.25 Sewer system at Taycheedah Correctional Institution. The department, with the approval of the governor, may enter into an agreement containing terms, conditions and covenants approved by the building commission, to participate in the construction of a sanitary sewer system in the area adjacent to the Taycheedah Correctional Institution in the town of Taycheedah, Fond du Lac County; to connect the sewer system of the Taycheedah Correctional Institution thereto; to pay sewage disposal charges; and to grant easements or , subject to s. 16.848, convey land to meet construction requirements.

AB100-ASA1, s. 2209d Section 2209d. 301.26 (4) (d) 2. of the statutes is amended to read:

AB100-ASA1,842,21 301.26 (4) (d) 2. Beginning on July 1, 2003 2005, and ending on June 30, 2004 2006, the per person daily cost assessment to counties shall be $183 $203 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $183 $203 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $225 $234 for care in a residential care center for children and youth, $142 $157 for care in a group home for children, $47 for care in a foster home, $88 $83 for care in a treatment foster home, $86 $81 for departmental corrective sanctions services, and $25 $32 for departmental aftercare services.

AB100-ASA1, s. 2210d Section 2210d. 301.26 (4) (d) 3. of the statutes is amended to read:

AB100-ASA1,843,5 301.26 (4) (d) 3. Beginning on July 1, 2004 2006, and ending on June 30, 2005 2007, the per person daily cost assessment to counties shall be $187 $209 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $187 $209 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $239 $244 for care in a residential care center for children and youth, $149 $163 for care in a group home for children, $49 $50 for care in a foster home, $92 $87 for care in a treatment foster home, $87 $82 for departmental corrective sanctions services, and $26 $33 for departmental aftercare services.

AB100-ASA1, s. 2210m Section 2210m. 301.26 (5) of the statutes is created to read:

AB100-ASA1,843,10 301.26 (5) Revenue sufficiency. (a) Before the close of each odd-numbered fiscal year, the department of corrections shall project the balance that will remain in the appropriation account under s. 20.410 (3) (hm) on June 30 of that fiscal year and provide that information to the department of administration.

AB100-ASA1,843,22 (b) 1. If the department of corrections projects under par. (a) that there will be a deficit in the appropriation account under s. 20.410 (3) (hm) on June 30 of an odd-numbered year, the department of administration shall include the amount of that projected deficit in the cost basis used to calculate the per person daily cost assessments under sub. (4) (d) 2. and 3. for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), for the next fiscal biennium by adding 50% of that projected deficit to the cost basis used to determine the per person daily cost assessment under sub. (4) (d) 2. for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), for the first year of the next fiscal biennium and by adding 50% of that projected deficit to the cost basis used to determine the per person daily cost assessment under sub. (4) (d) 3. for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), for the 2nd year of the next fiscal biennium.

AB100-ASA1,844,2 2. The secretary of administration shall place in unallotted reserve and use to recoup the projected deficit specified in subd. 1. all moneys generated by the increases in the per person daily cost assessments specified in subd. 1. that result from adding that projected deficit to the cost basis specified in subd. 1.

AB100-ASA1,844,15 (c) If on June 30 of the odd-numbered year of the next fiscal biennium the moneys placed in unallotted reserve under par. (b) 2. exceed the amount of the actual deficit on June 30 of the odd-numbered year of the fiscal biennium in which that deficit was incurred, all moneys in excess of that actual deficit shall be remitted to the counties or transferred to the appropriation account under s. 20.410 (3) (kx) by September 30 of that odd-numbered year. Each county and the department shall receive a proportionate share of the remittance and transfer depending on the total number of days of placement at Type 1 secured correctional facilities, as defined in s. 938.02 (19), for each county and the state during that next fiscal biennium. Counties shall use any amounts remitted under this paragraph for the purposes specified in this section. The department shall deposit in the general fund the amounts transferred under this paragraph to the appropriation account under s. 20.410 (3) (kx).

AB100-ASA1, s. 2211 Section 2211. 301.26 (7) (intro.) of the statutes is amended to read:

AB100-ASA1,844,21 301.26 (7) Allocations of funds. (intro.) Within the limits of the availability of federal funds and of the appropriations under s. 20.410 (3) (cd) and (ko), the department shall allocate funds for community youth and family aids for the period beginning on July 1, 2003 2005, and ending on June 30, 2005 2007, as provided in this subsection to county departments under ss. 46.215, 46.22, and 46.23 as follows:

AB100-ASA1, s. 2212 Section 2212. 301.26 (7) (a) of the statutes is amended to read:

AB100-ASA1,844,25 301.26 (7) (a) For community youth and family aids under this section, amounts not to exceed $44,145,100 for the last 6 months of 2003 2005, $88,290,200 for 2004 2006, and $44,145,100 for the first 6 months of 2005 2007.

AB100-ASA1, s. 2213 Section 2213. 301.26 (7) (b) (intro.) of the statutes is amended to read:

AB100-ASA1,845,5 301.26 (7) (b) (intro.) Of the amounts specified in par. (a), the department shall allocate $2,000,000 for the last 6 months of 2003 2005, $4,000,000 for 2004 2006, and $2,000,000 for the first 6 months of 2005 2007 to counties based on each of the following factors weighted equally:

AB100-ASA1, s. 2214 Section 2214. 301.26 (7) (c) of the statutes is amended to read:

AB100-ASA1,845,13 301.26 (7) (c) Of the amounts specified in par. (a), the department shall allocate $1,053,200 for the last 6 months of 2003 2005, $2,106,500 for 2004 2006, and $1,053,300 for the first 6 months of 2005 2007 to counties based on each of the factors specified in par. (b) 1. to 3. weighted equally, except that no county may receive an allocation under this paragraph that is less than 93% nor more than 115% of the amount that the county would have received under this paragraph if the allocation had been distributed only on the basis of the factor specified in par. (b) 3.

AB100-ASA1, s. 2215 Section 2215. 301.26 (7) (e) of the statutes is amended to read:

AB100-ASA1,845,19 301.26 (7) (e) For emergencies related to community youth and family aids under this section, amounts not to exceed $125,000 for the last 6 months of 2003 2005, $250,000 for 2004 2006, and $125,000 for the first 6 months of 2005 2007. A county is eligible for payments under this paragraph only if it has a population of not more than 45,000.

AB100-ASA1, s. 2216 Section 2216. 301.26 (7) (h) of the statutes is amended to read:

AB100-ASA1,846,5 301.26 (7) (h) For counties that are participating in the corrective sanctions program under s. 938.533 (2), $1,062,400 in the last 6 months of 2003 2005, $2,124,800 in 2004 2006, and $1,062,400 in the first 6 months of 2005 2007 for the provision of corrective sanctions services for juveniles from that county. In distributing funds to counties under this paragraph, the department shall determine a county's distribution by dividing the amount allocated under this paragraph by the number of slots authorized for the program under s. 938.533 (2) and multiplying the quotient by the number of slots allocated to that county by agreement between the department and the county. The department may transfer funds among counties as necessary to distribute funds based on the number of slots allocated to each county.

AB100-ASA1, s. 2217 Section 2217. 301.26 (8) of the statutes is amended to read:

AB100-ASA1,846,10 301.26 (8) Alcohol and other drug abuse treatment. From the amount of the allocations specified in sub. (7) (a), the department shall allocate $666,700 in the last 6 months of 2003 2005, $1,333,400 in 2004 2006, and $666,700 in the first 6 months of 2005 2007 for alcohol and other drug abuse treatment programs.

AB100-ASA1, s. 2221g Section 2221g. 301.265 (title) of the statutes is created to read:

AB100-ASA1,846,12 301.265 (title) Diversion of youth from gang activities.

AB100-ASA1, s. 2221m Section 2221m. 301.289 of the statutes is created to read:

AB100-ASA1,846,17 301.289 Unit supervisor positions. The department may not employ a unit supervisor or a person having comparable duties to supervise correctional institution security staff unless the person directly reports to the institution's security director.

AB100-ASA1, s. 2222 Section 2222. 301.32 (1) of the statutes is amended to read:

AB100-ASA1,847,13 301.32 (1) Property delivered to warden or superintendent; credit and debit. All money and other property delivered to an employee of any state correctional institution for the benefit of a prisoner or resident shall be delivered to the warden or superintendent, who shall enter the property upon his or her accounts to the credit of the prisoner or resident. The property may be used only under the direction and with the approval of the superintendent or warden and for the crime victim and witness assistance surcharge under s. 973.045 (4), the delinquency victim and witness assistance surcharge under s. 938.34 (8d) (c), the deoxyribonucleic acid analysis surcharge under s. 973.046, the drug offender diversion surcharge under s. 973.043, or the benefit of the prisoner or resident. If the money remains uncalled for for one year after the prisoner's or resident's death or departure from the state correctional institution, the superintendent shall deposit it in the general fund. If any prisoner or resident leaves property, other than money, uncalled for at a state correctional institution for one year, the superintendent shall sell the property and deposit the proceeds in the general fund, donate the property to a public agency or private, nonprofit organization or destroy the property. If any person satisfies the department, within 5 years after the deposit, of his or her right to the deposit, the department shall direct the department of administration to draw its warrant in favor of the claimant and it shall charge the same to the appropriation made by s. 20.913 (3) (bm).

AB100-ASA1, s. 2223 Section 2223. 301.45 (10) of the statutes is created to read:

AB100-ASA1,847,19 301.45 (10) The department may require a person who must register as a sex offender and who is in its custody or on probation, parole, or extended supervision to pay an annual fee to partially offset its costs in monitoring persons on probation, parole, or extended supervision. The department shall establish any such fee by rule, but the fee may not exceed $50.

AB100-ASA1, s. 2225 Section 2225. 302.04 of the statutes is amended to read:

AB100-ASA1,848,2 302.04 Duties of warden and superintendents. The Except as provided in s. 16.848, the warden or the superintendent of each state prison shall have charge and custody of the prison and all lands, belongings, furniture, implements, stock and provisions and every other species of property within the same or pertaining thereto. The warden or superintendent shall enforce the regulations rules of the department for the administration of the prison and for the government of its officers and the discipline of its inmates.

AB100-ASA1, s. 2226m Section 2226m. 302.05 (1) of the statutes is renumbered 302.05 (1) (a).

AB100-ASA1, s. 2227m Section 2227m. 302.05 (1) (c) of the statutes is created to read:

AB100-ASA1,848,7 302.05 (1) (c) The Robert E. Ellsworth Correctional Center shall provide a substance abuse treatment program for inmates for the purposes of the earned release program described in sub. (3).

AB100-ASA1, s. 2228 Section 2228. 302.05 (3) (b) of the statutes is amended to read:

AB100-ASA1,848,15 302.05 (3) (b) Except as provided in par. (d), if the department determines that an eligible inmate serving a sentence other than one imposed under s. 973.01 has successfully completed the a treatment program described in sub. (1), the parole commission shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served. If the parole commission grants parole under this paragraph, it shall require the parolee to participate in an intensive supervision program for drug abusers as a condition of parole.

AB100-ASA1, s. 2229 Section 2229. 302.05 (3) (c) 1. of the statutes is amended to read:

AB100-ASA1,848,21 302.05 (3) (c) 1. Except as provided in par. (d), if the department determines that an eligible inmate serving the term of confinement in prison portion of a bifurcated sentence imposed under s. 973.01 has successfully completed the a treatment program described in sub. (1), the department shall inform the court that sentenced the inmate.

AB100-ASA1, s. 2230 Section 2230. 302.05 (3) (c) 2. (intro.) of the statutes is amended to read:

AB100-ASA1,849,2 302.05 (3) (c) 2. (intro.) Upon being informed by the department under subd. 1. that an inmate whom the court sentenced under s. 973.01 has successfully completed the a treatment program described in sub. (1), the court shall modify the inmate's bifurcated sentence as follows:

AB100-ASA1, s. 2231 Section 2231. 302.05 (3) (d) of the statutes is amended to read:

AB100-ASA1,849,6 302.05 (3) (d) The department may place intensive sanctions program participants in the a treatment program described in sub. (1), but pars. (b) and (c) do not apply to those participants.

AB100-ASA1, s. 2232 Section 2232. 302.12 (2) of the statutes is amended to read:

AB100-ASA1,849,15 302.12 (2) Money accruing under this section remains under the control of the department, to be used for the crime victim and witness assistance surcharge under s. 973.045 (4), the deoxyribonucleic acid analysis surcharge under s. 973.046, the drug offender diversion surcharge under s. 973.043, and the benefit of the inmate or the inmate's family or dependents, under rules promulgated by the department as to time, manner and amount of disbursements. The rules shall provide that the money be used for the reasonable support of the inmate's family or dependents before it is allocated for the drug offender diversion surcharge.

AB100-ASA1, s. 2233 Section 2233. 302.13 of the statutes is amended to read:

AB100-ASA1,849,22 302.13 Preservation of property an inmate brings to prison. The department shall preserve money and effects, except clothes, in the possession of an inmate when admitted to the prison and, subject to the crime victim and witness assistance surcharge under s. 973.045 (4) and, the deoxyribonucleic acid analysis surcharge under s. 973.046, and the drug offender diversion surcharge under s. 973.043, shall restore the money and effects to the inmate when discharged.

AB100-ASA1, s. 2233m Section 2233m. 302.43 of the statutes is amended to read:

AB100-ASA1,850,13 302.43 Good time. Every inmate of a county jail is eligible to earn good time in the amount of one-fourth of his or her term for good behavior if sentenced to at least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects or refuses to perform any duty lawfully required of him or her, may be deprived by the sheriff of good time under this section, except that the sheriff shall not deprive the inmate of more than 2 days good time for any one offense without the approval of the court. An inmate who files an action or special proceeding, including a petition for a common law writ of certiorari, to which s. 807.15 applies shall be deprived of the number of days of good time specified in the court order prepared under s. 807.15 (3). This section does not apply to a person who is confined in the county jail in connection with his or her participation 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) (j).

AB100-ASA1, s. 2235 Section 2235. 303.01 (8) (b) of the statutes is amended to read:

AB100-ASA1,850,25 303.01 (8) (b) The department shall distribute earnings of an inmate or resident, other than an inmate or resident employed under sub. (2) (em), for the crime victim and witness assistance surcharge under s. 973.045 (4), for the delinquency victim and witness assistance surcharge under s. 938.34 (8d) (c), for the deoxyribonucleic acid analysis surcharge under s. 973.046 (4) and for compliance with s. 303.06 (2) and may distribute earnings for the support of the inmate's or resident's dependents and for other obligations either acknowledged by the inmate or resident in writing or which have been reduced to judgment that may be satisfied according to law. The department may also distribute earnings for the drug offender diversion surcharge under s. 973.043, but only if the inmate or resident has first provided for the reasonable support of his or her dependents.

AB100-ASA1, s. 2236m Section 2236m. 303.01 (8) (c) 8. of the statutes is created to read:

AB100-ASA1,851,3 303.01 (8) (c) 8. Payment of the drug offender diversion surcharge under s. 973.043.

AB100-ASA1, s. 2239m Section 2239m. 303.015 (1) (e) of the statutes is amended to read:

AB100-ASA1,851,11 303.015 (1) (e) The board shall review and either approve or deny a proposal under s. 303.06 (5) to offer for sale in the open market a product or type of product manufactured in whole or in part by inmates as part of a hobby-craft program or vocational training. Once the board has approved the sale of a particular product or type of product under this paragraph, the product or type of product may be offered for sale by any tax-supported or nonprofit agency under s. 303.06 (5) without further approval by the board under this paragraph.

AB100-ASA1, s. 2240g Section 2240g. 303.06 (5) of the statutes is amended to read:

AB100-ASA1,851,18 303.06 (5) A tax-supported institution or a nonprofit agency may offer for sale in the open market products manufactured in whole or in part by inmates in a state penal institution as part of a hobby-craft program or vocational training if the purpose of the sale is to support the institution's or agency's mission or is for some other charitable purpose and if the sale of that product or type of product has been approved by the prison industries board under s. 303.015 (1) (e).

AB100-ASA1, s. 2240r Section 2240r. 303.06 (6) of the statutes is created to read:

AB100-ASA1,851,22 303.06 (6) The department may sell, in the open market, products produced in whole or in part by inmates in a state penal institution if the products are produced as part of a technical college course provided to inmates.

AB100-ASA1, s. 2241m Section 2241m. 303.065 (5) (cm) of the statutes is created to read:

AB100-ASA1,851,25 303.065 (5) (cm) Payment of the drug offender diversion surcharge under s. 973.043.

AB100-ASA1, s. 2243 Section 2243. 341.09 (2m) (a) 1., 2. and 3. and (d) of the statutes are amended to read: