AB100-ASA1,916,1815 a. For fiscal year 2005-06, all of the moneys collected in excess of $1,038,600
16from drug surcharges under this subsection during that fiscal year until the first
17$1,528,600 has been collected plus one-third of all moneys collected in excess of
18$1,528,600 from drug surcharges under this subsection during that fiscal year.
AB100-ASA1,916,2219 b. For fiscal year 2006-07, all of the moneys collected in excess of $1,044,300
20from drug surcharges under this subsection during that fiscal year until the first
21$1,534,300 has been collected plus one-third of all moneys collected in excess of
22$1,534,300 from drug surcharges under this subsection during that fiscal year.
AB100-ASA1, s. 2467k 23Section 2467k. 961.41 (5) (c) 2. of the statutes, as created by 2005 Wisconsin
24Act .... (this act), is repealed and recreated to read:
AB100-ASA1,917,2
1961.41 (5) (c) 2. One-third of all moneys collected from drug surcharges under
2this subsection shall be credited to the appropriation account under s. 20.505 (6) (ku).
AB100-ASA1, s. 2467m 3Section 2467m. 961.472 (5) of the statutes is repealed and recreated to read:
AB100-ASA1,917,54 961.472 (5) The court is not required to enter an order under sub. (2) if any of
5the following applies:
AB100-ASA1,917,76 (a) The court finds that the person is already covered by or has recently
7completed an assessment under this section or a substantially similar assessment.
AB100-ASA1,917,108 (b) The person is participating in a substance abuse treatment program that
9meets the requirements of s. 16.964 (12) (c), as determined by the office of justice
10assistance under s. 16.964 (12) (i).
AB100-ASA1, s. 2467p 11Section 2467p. 967.11 of the statutes is created to read:
AB100-ASA1,917,16 12967.11 Alternatives to prosecution and incarceration; monitoring
13participants.
(1) In this section, "approved substance abuse treatment program"
14means a substance abuse treatment program that meets the requirements of s.
1516.964 (12) (c), as determined by the office of justice assistance under s. 16.964 (12)
16(i).
AB100-ASA1,917,21 17(2) If a county establishes an approved substance abuse treatment program
18and the program authorizes the use of surveillance and monitoring technology or day
19reporting programs, a court or a district attorney may require a person participating
20in an approved substance abuse treatment program to submit to surveillance and
21monitoring technology or a day reporting program as a condition of participation.
AB100-ASA1, s. 2467s 22Section 2467s. 973.032 (6) of the statutes is amended to read:
AB100-ASA1,917,2523 973.032 (6) Credit. Any sentence credit under s. 973.155 (1) or (1m) applies
24toward service of the period under sub. (3) (a) but does not apply toward service of
25the period under sub. (3) (b).
AB100-ASA1, s. 2467x
1Section 2467x. 973.043 of the statutes is created to read:
AB100-ASA1,918,6 2973.043 Drug offender diversion surcharge. (1) If a court imposes a
3sentence or places a person on probation for a crime under ch. 943 that was
4committed on or after the first day of the 3rd month beginning after the effective date
5of this subsection .... [revisor inserts date], the court shall impose a drug offender
6diversion surcharge of $10 for each conviction.
AB100-ASA1,918,10 7(2) After determining the amount due, the clerk of court shall collect and
8transmit the amount to the county treasurer under s. 59.40 (2) (m). The county
9treasurer shall then make payment to the secretary of administration under s. 59.25
10(3) (f) 2.
AB100-ASA1,918,13 11(3) All moneys collected from drug offender diversion surcharges shall be
12credited to the appropriation account under s. 20.505 (6) (ku) and used for the
13purpose of making grants to counties under s. 16.964 (12).
AB100-ASA1,918,17 14(4) If an inmate in a state prison or a person sentenced to a state prison has
15not paid the drug offender diversion surcharge under this section, the department
16shall assess and collect the amount owed from the inmate's wages or other moneys.
17Any amount collected shall be transmitted to the secretary of administration.
AB100-ASA1, s. 2468m 18Section 2468m. 973.045 (1) (intro.) of the statutes is amended to read:
AB100-ASA1,918,2119 973.045 (1) (intro.) On or after October 1, 1983, Except as provided in sub. (1m),
20if a court imposes a sentence or places a person on probation, the court shall impose
21a crime victim and witness assistance surcharge calculated as follows:
AB100-ASA1, s. 2469 22Section 2469. 973.045 (1) (a) of the statutes is amended to read:
AB100-ASA1,918,2323 973.045 (1) (a) For each misdemeanor offense or count, $50 $60.
AB100-ASA1, s. 2470 24Section 2470. 973.045 (1) (b) of the statutes is amended to read:
AB100-ASA1,918,2525 973.045 (1) (b) For each felony offense or count, $70 $85.
AB100-ASA1, s. 2470m
1Section 2470m. 973.045 (1m) of the statutes is created to read:
AB100-ASA1,919,82 973.045 (1m) If a complaint is issued charging a person with a crime for an
3offense that could subject the person to a forfeiture or to prosecution for a crime, the
4prosecutor decides to defer or suspend the criminal prosecution, and as a result the
5person agrees to pay a forfeiture, the court shall impose a crime victim and witness
6assistance surcharge in addition to imposing a forfeiture. The amount of the
7surcharge shall be the amount specified in sub. (1) (a) or (b), depending on the crime
8that the person was charged with in the complaint.
AB100-ASA1, s. 2471 9Section 2471. 973.045 (3) (a) 1. of the statutes is amended to read:
AB100-ASA1,919,1110 973.045 (3) (a) 1. Part A equals $30 $40 for each misdemeanor offense or count
11and $50 $65 for each felony offense or count.
AB100-ASA1, s. 2472 12Section 2472. 973.05 (2m) of the statutes is amended to read:
AB100-ASA1,920,1113 973.05 (2m) Payments under this section shall be applied first to payment of
14the penalty surcharge until paid in full, shall then be applied to the payment of the
15jail surcharge until paid in full, shall then be applied to the payment of part A of the
16crime victim and witness assistance surcharge until paid in full, shall then be
17applied to part B of the crime victim and witness assistance surcharge until paid in
18full, shall then be applied to the crime laboratories and drug law enforcement
19surcharge until paid in full, shall then be applied to the deoxyribonucleic acid
20analysis surcharge until paid in full, shall then be applied to the drug abuse program
21improvement surcharge until paid in full, shall then be applied to the drug offender
22diversion surcharge until paid in full, shall then be applied to payment of the driver
23improvement surcharge until paid in full, shall then be applied to the truck driver
24education surcharge if applicable until paid in full, shall then be applied to payment
25of the domestic abuse surcharge until paid in full, shall then be applied to payment

1of the consumer protection surcharge until paid in full, shall then be applied to
2payment of the natural resources surcharge if applicable until paid in full, shall then
3be applied to payment of the natural resources restitution surcharge until paid in
4full, shall then be applied to the payment of the environmental surcharge if
5applicable until paid in full, shall then be applied to the payment of the wild animal
6protection surcharge if applicable until paid in full, shall then be applied to payment
7of the weapons surcharge until paid in full, shall then be applied to payment of the
8uninsured employer surcharge until paid in full, shall then be applied to payment
9of the enforcement surcharge under s. 253.06 (4) (c), if applicable, until paid in full,
10and shall then be applied to payment of the fine and the costs and fees imposed under
11ch. 814.
AB100-ASA1, s. 2473 12Section 2473. 973.09 (1) (a) of the statutes is amended to read:
AB100-ASA1,920,2113 973.09 (1) (a) Except as provided in par. (c) or if probation is prohibited for a
14particular offense by statute, if a person is convicted of a crime, the court, by order,
15may withhold sentence or impose sentence under s. 973.15 and stay its execution,
16and in either case place the person on probation to the department for a stated period,
17stating in the order the reasons therefor. The court may impose any conditions which
18appear to be reasonable and appropriate. The period of probation may be made
19consecutive to a sentence on a different charge, whether imposed at the same time
20or previously. If the court imposes an increased a term of probation, as authorized
21under sub. (2) (a) 1. or 2. or (b) 2., it shall place its reasons for doing so on the record.
AB100-ASA1, s. 2473e 22Section 2473e. 973.09 (2) (a) 1. of the statutes is renumbered 973.09 (2) (a) 1.
23(intro.) and amended to read:
AB100-ASA1,920,2524 973.09 (2) (a) 1. Except as provided in subd. 2., for any of the following
25misdemeanors, not less than 6 months nor more than 2 years.:
AB100-ASA1, s. 2474d
1Section 2474d. 973.09 (2) (a) 1. a. of the statutes is created to read:
AB100-ASA1,921,32 973.09 (2) (a) 1. a. A misdemeanor that the defendant committed while
3possessing a firearm.
AB100-ASA1, s. 2474g 4Section 2474g. 973.09 (2) (a) 1. b. of the statutes is created to read:
AB100-ASA1,921,65 973.09 (2) (a) 1. b. A misdemeanor that was an act of domestic abuse, as defined
6in s. 968.075 (1) (a).
AB100-ASA1, s. 2474j 7Section 2474j. 973.09 (2) (a) 1. c. of the statutes is created to read:
AB100-ASA1,921,88 973.09 (2) (a) 1. c. A misdemeanor under s. 940.225 (3m) or ch. 948.
AB100-ASA1, s. 2474m 9Section 2474m. 973.09 (2) (a) 1. d. of the statutes is created to read:
AB100-ASA1,921,1210 973.09 (2) (a) 1. d. A misdemeanor under s. 23.33 (4c) or (4p) (e), 30.681, 30.684
11(5), 350.101, 350.104 (5), or 350.17 or a misdemeanor under s. 346.63 to which s.
12973.09 (1) (d) applies.
AB100-ASA1, s. 2475b 13Section 2475b. 973.09 (2) (a) 1m. of the statutes is created to read:
AB100-ASA1,921,1514 973.09 (2) (a) 1m. Except as provided in subd. 2., for Class A misdemeanors not
15covered by subd. 1., not less than 6 months nor more than one year.
AB100-ASA1, s. 2475d 16Section 2475d. 973.09 (2) (a) 1r. of the statutes is created to read:
AB100-ASA1,921,1817 973.09 (2) (a) 1r. Except as provided in subd. 2., for misdemeanors not covered
18by subd. 1. or 1m., not more than one year.
AB100-ASA1, s. 2475g 19Section 2475g. 973.155 (1) (b) of the statutes is amended to read:
AB100-ASA1,921,2420 973.155 (1) (b) The categories in par. (a) and sub. (1m) include custody of the
21convicted offender which is in whole or in part the result of a probation, extended
22supervision or parole hold under s. 302.113 (8m), 302.114 (8m), 304.06 (3), or 973.10
23(2) placed upon the person for the same course of conduct as that resulting in the new
24conviction.
AB100-ASA1, s. 2475m 25Section 2475m. 973.155 (1m) of the statutes is created to read:
AB100-ASA1,922,5
1973.155 (1m) A convicted offender shall be given credit toward the service of
2his or her sentence for all days spent in custody as part of a substance abuse
3treatment program that meets the requirements of s. 16.964 (12) (c), as determined
4by the office of justice assistance under s. 16.964 (12) (i) for any offense arising out
5of the course of conduct that led to the person's placement in that program.
AB100-ASA1, s. 2475r 6Section 2475r. 973.155 (3) of the statutes is amended to read:
AB100-ASA1,922,97 973.155 (3) The credit provided in sub. (1) or (1m) shall be computed as if the
8convicted offender had served such time in the institution to which he or she has been
9sentenced.
AB100-ASA1, s. 2479 10Section 2479. 978.03 (3) of the statutes is amended to read:
AB100-ASA1,922,1611 978.03 (3) Any assistant district attorney under sub. (1), (1m), or (2) must be
12an attorney admitted to practice law in this state and, except as provided in ss. s.
13978.043 and 978.044, may perform any duty required by law to be performed by the
14district attorney. The district attorney of the prosecutorial unit under sub. (1), (1m),
15or (2) may appoint such temporary counsel as may be authorized by the department
16of administration.
AB100-ASA1, s. 2481 17Section 2481. 978.044 of the statutes is repealed.
AB100-ASA1, s. 2484 18Section 2484. 978.05 (4m) of the statutes is amended to read:
AB100-ASA1,922,2119 978.05 (4m) Welfare fraud investigations. Cooperate with the department
20departments of workforce development and health and family services regarding the
21fraud investigation program programs under s. ss. 49.197 (1m) and 49.845 (1).
AB100-ASA1, s. 2485 22Section 2485. 978.05 (8) (b) of the statutes is amended to read:
AB100-ASA1,923,723 978.05 (8) (b) Hire, employ, and supervise his or her staff and, subject to ss. s.
24978.043 and 978.044, make appropriate assignments of the staff throughout the
25prosecutorial unit. The district attorney may request the assistance of district

1attorneys, deputy district attorneys, or assistant district attorneys from other
2prosecutorial units or assistant attorneys general who then may appear and assist
3in the investigation and prosecution of any matter for which a district attorney is
4responsible under this chapter in like manner as assistants in the prosecutorial unit
5and with the same authority as the district attorney in the unit in which the action
6is brought. Nothing in this paragraph limits the authority of counties to regulate the
7hiring, employment, and supervision of county employees.
AB100-ASA1, s. 2490 8Section 2490. 978.13 (1) (d) of the statutes is amended to read:
AB100-ASA1,923,159 978.13 (1) (d) In counties having a population of 500,000 or more, the salary
10and fringe benefit costs of 2 clerk positions providing clerical services to the
11prosecutors in the district attorney's office handling cases involving the unlawful
12possession or use of firearms. The secretary of administration shall pay the amount
13authorized under this subsection to the county treasurer from the appropriation
14under s. 20.475 (1) (f) or (i) pursuant to a voucher submitted by the district attorney
15to the department of administration.
AB100-ASA1, s. 2491 16Section 2491. 978.13 (1m) of the statutes is amended to read:
AB100-ASA1,923,1817 978.13 (1m) The amount paid under sub. (1) (b), (c), and (d) combined may not
18exceed the amount appropriated under s. 20.475 (1) (f) and (i) combined.
AB100-ASA1, s. 2493 19Section 2493. 1997 Wisconsin Act 27, section 9456 (3m) (a), as last affected
20by 2003 Wisconsin Act 48, is repealed.
AB100-ASA1, s. 2494 21Section 2494. 1999 Wisconsin Act 9, section 9401 (2zt), as last affected by 2003
22Wisconsin Act 33
, is repealed.
AB100-ASA1, s. 2495 23Section 2495. 1999 Wisconsin Act 9, section 9401 (2zu), as last affected by
242003 Wisconsin Act 33, is repealed.
AB100-ASA1, s. 2496 25Section 2496. 2001 Wisconsin Act 74, section 23 (5) is repealed.
AB100-ASA1, s. 2496g
1Section 2496g. 2003 Wisconsin Act 33, section 9106 (1) (g) 2. is amended to
2read:
AB100-ASA1, s. 2496r 1Section 2496r. 2003 Wisconsin Act 33, section 9106 (1) (g) 5. is repealed.
AB100-ASA1, s. 2498 2Section 2498. 2003 Wisconsin Act 318, section 3 is repealed.
AB100-ASA1, s. 2499 3Section 2499. 2003 Wisconsin Act 318, section 4 is repealed.
AB100-ASA1, s. 2500 4Section 2500. 2003 Wisconsin Act 318, section 6 is repealed.
AB100-ASA1, s. 2501 5Section 2501. 2003 Wisconsin Act 318, section 11 is repealed.
AB100-ASA1, s. 2502 6Section 2502. 2003 Wisconsin Act 318, section 13 is repealed.
AB100-ASA1, s. 2503
1Section 2503. 2003 Wisconsin Act 318, section 14 is repealed.
AB100-ASA1, s. 2504 2Section 2504. 2003 Wisconsin Act 318, section 15 is repealed.
AB100-ASA1, s. 2505 3Section 2505. 2003 Wisconsin Act 318, section 17 is repealed.
AB100-ASA1, s. 2506 4Section 2506. 2003 Wisconsin Act 318, section 18 is repealed.
AB100-ASA1, s. 2507 5Section 2507. 2003 Wisconsin Act 318, section 20 is repealed.
AB100-ASA1, s. 2508 6Section 2508. 2003 Wisconsin Act 318, section 22 is repealed.
AB100-ASA1, s. 2509 7Section 2509. 2003 Wisconsin Act 318, section 25 (3) is renumbered 49.45
8(6tw) of the statutes and amended to read:
AB100-ASA1,926,169 49.45 (6tw) Payments to city health departments. From the appropriation
10account under section s. 20.435 (7) (b) of the statutes, as affected by this act, in state
11fiscal year 2004-05
, the department of health and family services may make
12payments to local health departments, as defined under s. 250.02 (4) (a) 3. of the
13statutes
. Payment under this subsection to such a local health department may not
14exceed on an annualized basis payment made by the department of health and family
15services
to the local health department under section s. 49.45 (6t) of the statutes,
162003 stats.,
for services provided by the local health department in 2002.
AB100-ASA1, s. 2510 17Section 2510. 2003 Wisconsin Act 318, section 27 is repealed.
AB100-ASA1, s. 9101 18Section 9101. Nonstatutory provisions; administration.
AB100-ASA1,926,19 19(4) Sale of certain state property.
AB100-ASA1,926,2220 (a) 1. No later than July 1, 2006, the secretary of administration shall review
21all holdings of state-owned real property for potential sale, except as provided in
22subdivision 2.
AB100-ASA1,926,25 232. Subdivision 1. does not apply to any property, facility, or institution the
24closure or sale of which is not authorized under section 16.848 of the statutes, as
25created by this act.
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