Correctional system
Adult correctional system
Under current law, DOC and DHFS operate the Drug Abuse Correctional Center Program in Winnebago, which provides substance abuse treatment for prison inmates transferred there. If DOC determines that an inmate has successfully completed the program, the inmate is released early to parole or extended supervision. Inmates convicted of certain violent crimes or certain offenses against children are not eligible for early release under this program. Inmates who are sentenced under the "Truth in Sentencing" law are eligible only if the court authorizes their participation. This bill authorizes DOC to establish similar treatment and release programs at any state prison.
crimes
The bill directs the Sentencing Commission to review sentences imposed on individuals who are convicted of nonviolent offenses, other than those relating to operating a vehicle while under the influence of an intoxicant, or with a restricted controlled substance or a prohibited level of alcohol in his or her blood, and to develop recommendations for alternative dispositions for those individuals that may be used by courts at or before sentencing. The Sentencing Commission must submit its recommendations in a report to the legislature by December 31, 2005.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 302.05 (1) of the statutes is renumbered 302.05 (1) (a), and 302.05 (1) (a) (intro.), as renumbered, is amended to read:

302.05 (1) (a) (intro.) The department of corrections and the department of health and family services may designate a section of a mental health institute as a correctional treatment facility for the treatment of substance abuse of inmates transferred from Wisconsin state prisons. This section shall be administered by the department of corrections and shall be known as the Wisconsin substance abuse program. The department of corrections and the department of health and family services shall ensure that the residents at the institution and the residents in the substance abuse program:

SECTION 2. 302.05 (1) (b) of the statutes is created to read:

302.05 (1) (b) The department of corrections may designate all or part of any state prison as a correctional treatment facility and provide, at that facility, programs for treating the abuse of alcohol or other drugs by inmates.

SECTION 3. 302.05 (3) (b) of the statutes is amended to read:

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.

SECTION 4. 302.05 (3) (c) 1. of the statutes is amended to read:

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.

SECTION 5. 302.05 (3) (c) 2. (intro.) of the statutes is amended to read:

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:

SECTION 6. 302.05 (3) (d) of the statutes is amended to read:

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.

SECTION 9101. Nonstatutory provisions; administration.

(1) REPORT REGARDING ALTERNATIVE DISPOSITIONS FOR NON-VIOLENT OFFENDERS. The sentencing commission shall review sentences imposed on individuals who are convicted of nonviolent offenses, other than crimes under section 23.33 (4c), 30.681, 346.63, or 350.101 of the statutes or, if the offense involved the use of a vehicle, under section 940.09 or 940.25 of the statutes, and develop recommendations for alternative dispositions for those individuals that may be used by courts at or before sentencing. By December 31, 2005, the sentencing commission shall submit its recommendations in a report to the legislature in the manner provided under section 13.172 (2) of the statutes.
(End)
LRB-1662LRB-1662/5
PJK:kjf&wj:jf
2005 - 2006 LEGISLATURE

DOA:......Fath, BB0421 - TANF and CCDF allocations
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL

AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Health and human services
Public assistance
Under current law, DWD allocates specific amounts of moneys in each fiscal year, including federal Child Care Development Funds (CCDF) and federal moneys received under the federal Temporary Assistance for Needy Families (TANF) block grant program, for various public assistance programs and for child care-related purposes, including transferring moneys to DHFS for its day care licensing operations. This bill increases and decreases those allocations and adds an allocation to pay for a share of the costs of a mail-order lending library and information center operated by DPI's division for libraries, technology, and community learning. The bill eliminates an allocation for grants for developing early childhood centers for providing outreach and training for parents and training for child care providers, and eliminates the program.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.445 (3) (t) of the statutes is created to read:

20.445 (3) (t) Economic support; transportation fund. From the transportation fund, the amounts in the schedule for Wisconsin Works under ss. 49.141 to 49.161.

****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.

SECTION 2. 25.40 (2) (b) 20m. of the statutes is created to read:

25.40 (2) (b) 20m. Section 20.445 (3) (t).

SECTION 3. 49.134 (2) (a) of the statutes is amended to read:

49.134 (2) (a) From the allocation under s. 49.155 (1g) (b) (d), the department shall make grants to local agencies to fund child care resource and referral services provided by those local agencies. The department shall provide an allocation formula to determine the amount of a grant awarded under this section.

****NOTE: This is reconciled s. 49.134 (2) (a). This SECTION has been affected by drafts with the following LRB numbers: LRB-0404 and LRB-1662.

SECTION 4. 49.136 (2) (a) of the statutes is amended to read:

49.136 (2) (a) From the allocation under s. 49.155 (1g) (b) (d), the department shall may award grants for the start-up or expansion of child care services.

****NOTE: This is reconciled s. 49.136 (2) (a). This SECTION has been affected by drafts with the following LRB numbers: LRB-0404 and LRB-1662.

SECTION 5. 49.136 (2) (b) of the statutes is amended to read:

49.136 (2) (b) The If the department awards grants under this section, the department shall attempt to award the grants under this section to head start agencies designated under 42 USC 9836, employers that provide or wish to provide child care services for their employees, family day care centers, group day care centers and day care programs for the children of student parents, organizations that provide child care for sick children, and child care providers that employ participants or former participants in a Wisconsin works Works employment position under s. 49.147 (3) to (5).

SECTION 6. 49.137 (2) (a) of the statutes is amended to read:

49.137 (2) (a) From the allocation under s. 49.155 (1g) (b) (d), the department may award grants to child care providers that meet the quality of care standards established under s. 49.155 (1d) (b) to improve the retention of skilled and experienced child care staff. In awarding grants under this subsection, the department shall consider the applying child care provider's total enrollment of children and average enrollment of children who receive or are eligible for publicly funded care from the child care provider.

****NOTE: This is reconciled s. 49.137 (2) (a). This SECTION has been affected by drafts with the following LRB numbers: LRB-0404 and LRB-1662.

SECTION 7. 49.137 (3) (a) of the statutes is amended to read:

49.137 (3) (a) From the allocation under s. 49.155 (1g) (b) (d), the department may award grants to child care providers for assistance in meeting the quality of care standards established under s. 49.155 (1d) (b).

****NOTE: This is reconciled s. 49.137 (3) (a). This SECTION has been affected by drafts with the following LRB numbers: LRB-0404 and LRB-1662.

SECTION 8. 49.137 (4) (intro.) of the statutes is amended to read:

49.137 (4) TRAINING AND TECHNICAL ASSISTANCE CONTRACTS. (intro.) From the allocation under s. 49.155 (1g) (b) (d), the department may contract with one or more agencies for the provision of training and technical assistance to improve the quality of child care provided in this state. The training and technical assistance activities contracted for under this subsection may include any of the following activities:

****NOTE: This is reconciled s. 49.137 (4) (intro.). This SECTION has been affected by drafts with the following LRB numbers: LRB-0404 and LRB-1662.

SECTION 9. 49.137 (4m) of the statutes is amended to read:

49.137 (4m) LOCAL PASS-THROUGH GRANT PROGRAM. The From the allocation under s. 49.155 (1g) (d), the department shall award grants to local governments and tribal governing bodies for programs to improve the quality of child care. The department shall promulgate rules to administer the grant program, including rules that specify the eligibility criteria and procedures for awarding the grants.

SECTION 10. 49.1375 of the statutes is repealed.

SECTION 11. 49.155 (1g) (b) of the statutes is amended to read:

49.155 (1g) (b) From the appropriation appropriations under s. 20.445 (3) (cm), (jm), (kx), and (mc), distribute $7,593,500 in fiscal year 2003-04 and $7,597,300 $7,476,400 in each fiscal year 2004-05 for administering the child care program under this section, for grants under s. 49.134 (2) for child day care resource and referral services, for grants under s. 49.137 (4m), for a child care scholarship and bonus program, and for administration of the department's office of child care, for the department's share of the costs for the Child Care Information Center operated by the division for libraries, technology, and community learning in the department of public instruction, and for the licensing and regulation of day care facilities under s. 49.98.

****NOTE: This is reconciled s. 49.155 (1g) (b). This SECTION has been affected by drafts with the following LRB numbers: LRB-0404 and LRB-1662.

SECTION 12. 49.155 (1g) (d) of the statutes is created to read:

49.155 (1g) (d) From the appropriation under s. 20.445 (3) (md), distribute $11,503,500 in fiscal year 2005-06 and $10,003,500 in fiscal year 2006-07 for grants under s. 49.134 (2) for child day care resource and referral services, for contracts under s. 49.137 (4) for training and technical assistance, for grants under s. 49.137 (4m), for a child care scholarship and bonus program, and for a quality ratings system under s. 49.982 (5).

SECTION 13. 49.175 (1) (intro.) of the statutes is amended to read:

49.175 (1) ALLOCATION OF FUNDS. (intro.) Except as provided in sub. (2), within the limits of the appropriations under s. 20.445 (3) (a), (cm), (dz), (jL), (jm), (k), (kx), (L), (mc), (md), (nL), and (me), (s), and (t), the department shall allocate the following amounts for the following purposes:

****NOTE: This is reconciled s. 49.175 (1) (intro.). This SECTION has been affected by drafts with the following LRB numbers: LRB-0604, -1526, and -1662.

SECTION 14. 49.175 (1) (a) of the statutes is amended to read:

49.175 (1) (a) Wisconsin Works benefits. For Wisconsin Works benefits provided under contracts having a term that begins on January 1, 2002, and ends on December 31, 2003, $33,219,700 in fiscal year 2003-04; and for Wisconsin Works benefits provided under contracts having a term that begins on January 1, 2004, and ends on December 31, 2005, $33,219,700, $59,526,100 in fiscal year 2003-04 2005-06 and $66,439,400 $52,612,800 in fiscal year 2004-05 2006-07.

SECTION 15. 49.175 (1) (b) of the statutes is amended to read:

49.175 (1) (b) Wisconsin Works administration. For administration of Wisconsin Works performed under contracts under s. 49.143 having a term that begins on January 1, 2002, and ends on December 31, 2003, $10,582,800 in fiscal year 2003-04; and for administration of Wisconsin Works performed under contracts under s. 49.143 having a term that begins on January 1, 2004, and ends on December 31, 2005, $10,582,900, $20,107,500 in fiscal year 2003-04 2005-06 and $21,165,700 $19,049,200 in fiscal year 2004-05 2006-07.

SECTION 16. 49.175 (1) (c) of the statutes is amended to read:

49.175 (1) (c) Performance bonuses. For the payment of performance bonuses to Wisconsin Works agencies that have entered into contracts under s. 49.143 having a term that begins on January 1, 2002 2004, and that ends on December 31, 2003 2005, $0 in fiscal year 2003-04 2005-06.

SECTION 17. 49.175 (1) (f) of the statutes is amended to read:

49.175 (1) (f) Wisconsin Works ancillary services. For program services under Wisconsin Works, including transportation assistance for individuals who are eligible to receive temporary assistance for needy families under 42 USC 601 et seq., provided under contracts under s. 49.143 having a term that begins on January 1, 2002, and ends on December 31, 2003, $27,803,300 in fiscal year 2003-04; and for program services under Wisconsin Works, including transportation assistance for individuals who are eligible to receive temporary assistance for needy families under 42 USC 601 et seq., education and training, mentoring, and other services provided under contracts under s. 49.143 having a term that begins on January 1, 2004, and ends on December 31, 2005, $27,803,300, 49,879,200 in fiscal year 2003-04 2005-06 and $55,606,600 $44,151,800 in fiscal year 2004-05 2006-07.

SECTION 18. 49.175 (1) (g) of the statutes is amended to read:

49.175 (1) (g) State administration of public assistance programs. For state administration of public assistance programs, $18,484,600 $17,004,500 in each fiscal year.

SECTION 19. 49.175 (1) (m) of the statutes is amended to read:

49.175 (1) (m) Children first. For services under the work experience program for noncustodial parents under s. 49.36, $1,140,000 $1,361,000 in each fiscal year.

SECTION 20. 49.175 (1) (p) of the statutes is amended to read:

49.175 (1) (p) Direct child care services. For direct child care services under s. 49.155, $298,640,600 $307,282,800 in fiscal year 2003-04 2005-06 and $308,040,600 $300,509,900 in fiscal year 2004-05 2006-07.

SECTION 21. 49.175 (1) (q) of the statutes is amended to read:

49.175 (1) (q) Indirect child Child care services state administration. For indirect child care services state administrative costs under s. 49.155 (1g), $9,559,400 in fiscal year 2003-04 and $9,626,700 s. 49.155 (1g) (b), $7,476,400 in each fiscal year 2004-05.

SECTION 22. 49.175 (1) (qm) of the statutes is amended to read:

49.175 (1) (qm) Local pass-through grant program Quality care for quality kids. For the local pass-through grant program under s. 49.137 (4m), $2,475,100 child care quality improvement activities specified in s. 49.155 (1g) (d), $11,503,500 in fiscal year 2003-04 2005-06 and $2,478,500 $10,003,500 in fiscal year 2004-05 2006-07.

SECTION 23. 49.175 (1) (r) of the statutes is amended to read:

49.175 (1) (r) Early childhood excellence initiative. For grants under s. 49.1375, $2,500,000 $2,250,000 in each fiscal year 2005-06.

SECTION 24. 49.175 (1) (r) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed.

SECTION 25. 49.175 (1) (v) of the statutes is created to read:

49.175 (1) (v) Transportation assistance grants. For transportation assistance for individuals who are eligible to receive temporary assistance for needy families under 42 USC 601 et seq., $900,000 in each fiscal year.

SECTION 26. 49.175 (1) (ze) 1. of the statutes is amended to read:

49.175 (1) (ze) 1. 'Kinship care and long-term kinship care assistance.' For the kinship care and long-term kinship care programs under s. 48.57 (3m), (3n), and (3p), $24,122,200 $23,748,400 in each fiscal year.

****NOTE: This is reconciled s. 49.175 (1) (ze) 1. This SECTION has been affected by drafts with the following LRB numbers: LRB-0277 and -1662.

SECTION 27. 49.175 (1) (ze) 2. of the statutes is amended to read:

49.175 (1) (ze) 2. 'Children of recipients of supplemental security income.' For payments made under s. 49.775 for the support of the dependent children of recipients of supplemental security income, $26,397,200 $29,973,600 in fiscal year 2003-04 2005-06 and $29,175,100 $28,893,300 in fiscal year 2004-05 2006-07.

****NOTE: This is reconciled s. 49.175 (1) (ze) 2. This SECTION has been affected by drafts with the following LRB numbers: LRB-0277 and -1662.

SECTION 28. 49.175 (1) (ze) 10m. of the statutes is amended to read:

49.175 (1) (ze) 10m. 'Safety services.' For services provided in counties having a population of 500,000 or more to ensure the safety of children who the department of health and family services determines may remain at home if appropriate services are provided, $7,045,500 $7,323,600 in each fiscal year.

****NOTE: This is reconciled s. 49.175 (1) (ze) 10m. This SECTION has been affected by drafts with the following LRB numbers: LRB-0277 and -1662.

SECTION 29. 49.175 (1) (ze) 12. of the statutes is amended to read:

49.175 (1) (ze) 12. 'Milwaukee and statewide child welfare administration.' For the costs associated with the Milwaukee child welfare information system and the Wisconsin statewide automated child welfare information system, $1,695,700 $1,310,800 in fiscal year 2003-04 2005-06 and $1,741,300 $1,317,700 in fiscal year 2004-05 2006-07.

****NOTE: This is reconciled s. 49.175 (1) (ze) 12. This SECTION has been affected by drafts with the following LRB numbers: LRB-0277 and -1662.

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