AB100-engrossed,928,22
18967.11 Alternatives to prosecution and incarceration; monitoring
19participants. (1) In this section, "approved substance abuse treatment program"
20means a substance abuse treatment program that meets the requirements of s.
2116.964 (12) (c), as determined by the office of justice assistance under s. 16.964 (12)
22(i).
AB100-engrossed,929,2
23(2) If a county establishes an approved substance abuse treatment program
24and the program authorizes the use of surveillance and monitoring technology or day
25reporting programs, a court or a district attorney may require a person participating
1in an approved substance abuse treatment program to submit to surveillance and
2monitoring technology or a day reporting program as a condition of participation.
AB100-engrossed,929,64
973.032
(6) Credit. Any sentence credit under s. 973.155 (1)
or (1m) applies
5toward service of the period under sub. (3) (a) but does not apply toward service of
6the period under sub. (3) (b).
AB100-engrossed,929,12
8973.043 Drug offender diversion surcharge. (1) If a court imposes a
9sentence or places a person on probation for a crime under ch. 943 that was
10committed on or after the first day of the 3rd month beginning after the effective date
11of this subsection .... [revisor inserts date], the court shall impose a drug offender
12diversion surcharge of $10 for each conviction.
AB100-engrossed,929,16
13(2) After determining the amount due, the clerk of court shall collect and
14transmit the amount to the county treasurer under s. 59.40 (2) (m). The county
15treasurer shall then make payment to the secretary of administration under s. 59.25
16(3) (f) 2.
AB100-engrossed,929,19
17(3) All moneys collected from drug offender diversion surcharges shall be
18credited to the appropriation account under s. 20.505 (6) (ku) and used for the
19purpose of making grants to counties under s. 16.964 (12).
AB100-engrossed,929,23
20(4) If an inmate in a state prison or a person sentenced to a state prison has
21not paid the drug offender diversion surcharge under this section, the department
22shall assess and collect the amount owed from the inmate's wages or other moneys.
23Any amount collected shall be transmitted to the secretary of administration.
AB100-engrossed,930,3
1973.045
(1) (intro.)
On or after October 1, 1983, Except as provided in sub. (1m),
2if a court imposes a sentence or places a person on probation, the court shall impose
3a crime victim and witness assistance surcharge calculated as follows:
AB100-engrossed,930,55
973.045
(1) (a) For each misdemeanor offense or count,
$50 $60.
AB100-engrossed,930,77
973.045
(1) (b) For each felony offense or count,
$70 $85.
AB100-engrossed,930,159
973.045
(1m) If a complaint is issued charging a person with a crime for an
10offense that could subject the person to a forfeiture or to prosecution for a crime, the
11prosecutor decides to defer or suspend the criminal prosecution, and as a result the
12person agrees to pay a forfeiture, the court shall impose a crime victim and witness
13assistance surcharge in addition to imposing a forfeiture. The amount of the
14surcharge shall be the amount specified in sub. (1) (a) or (b), depending on the crime
15that the person was charged with in the complaint.
AB100-engrossed,930,1817
973.045
(3) (a) 1. Part A equals
$30
$40 for each misdemeanor offense or count
18and
$50 $65 for each felony offense or count.
AB100-engrossed,931,1820
973.05
(2m) Payments under this section shall be applied first to payment of
21the penalty surcharge until paid in full, shall then be applied to the payment of the
22jail surcharge until paid in full, shall then be applied to the payment of part A of the
23crime victim and witness assistance surcharge until paid in full, shall then be
24applied to part B of the crime victim and witness assistance surcharge until paid in
25full, shall then be applied to the crime laboratories and drug law enforcement
1surcharge until paid in full, shall then be applied to the deoxyribonucleic acid
2analysis surcharge until paid in full, shall then be applied to the drug abuse program
3improvement surcharge until paid in full,
shall then be applied to the drug offender 4diversion surcharge until paid in full, shall then be applied to payment of the driver
5improvement surcharge until paid in full, shall then be applied to the truck driver
6education surcharge if applicable until paid in full, shall then be applied to payment
7of the domestic abuse surcharge until paid in full, shall then be applied to payment
8of the consumer protection surcharge until paid in full, shall then be applied to
9payment of the natural resources surcharge if applicable until paid in full, shall then
10be applied to payment of the natural resources restitution surcharge until paid in
11full, shall then be applied to the payment of the environmental surcharge if
12applicable until paid in full, shall then be applied to the payment of the wild animal
13protection surcharge if applicable until paid in full, shall then be applied to payment
14of the weapons surcharge until paid in full, shall then be applied to payment of the
15uninsured employer surcharge until paid in full, shall then be applied to payment
16of the enforcement surcharge under s. 253.06 (4) (c), if applicable, until paid in full,
17and shall then be applied to payment of the fine and the costs and fees imposed under
18ch. 814.
AB100-engrossed,932,320
973.09
(1) (a) Except as provided in par. (c) or if probation is prohibited for a
21particular offense by statute, if a person is convicted of a crime, the court, by order,
22may withhold sentence or impose sentence under s. 973.15 and stay its execution,
23and in either case place the person on probation to the department for a stated period,
24stating in the order the reasons therefor. The court may impose any conditions which
25appear to be reasonable and appropriate. The period of probation may be made
1consecutive to a sentence on a different charge, whether imposed at the same time
2or previously. If the court imposes
an increased
a term of probation
, as authorized 3under sub. (2) (a)
1. or 2. or (b) 2., it shall place its reasons for doing so on the record.
AB100-engrossed, s. 2473e
4Section 2473e. 973.09 (2) (a) 1. of the statutes is renumbered 973.09 (2) (a) 1.
5(intro.) and amended to read:
AB100-engrossed,932,76
973.09
(2) (a) 1. Except as provided in subd. 2., for
any of the following
7misdemeanors, not less than 6 months nor more than 2 years
.:
AB100-engrossed,932,109
973.09
(2) (a) 1. a. A misdemeanor that the defendant committed while
10possessing a firearm.
AB100-engrossed,932,1312
973.09
(2) (a) 1. b. A misdemeanor that was an act of domestic abuse, as defined
13in s. 968.075 (1) (a).
AB100-engrossed,932,1515
973.09
(2) (a) 1. c. A misdemeanor under s. 940.225 (3m) or ch. 948.
AB100-engrossed,932,1917
973.09
(2) (a) 1. d. A misdemeanor under s. 23.33 (4c) or (4p) (e), 30.681, 30.684
18(5), 350.101, 350.104 (5), or 350.17 or a misdemeanor under s. 346.63 to which s.
19973.09 (1) (d) applies.
AB100-engrossed,932,2221
973.09
(2) (a) 1m. Except as provided in subd. 2., for Class A misdemeanors not
22covered by subd. 1., not less than 6 months nor more than one year.
AB100-engrossed,932,2524
973.09
(2) (a) 1r. Except as provided in subd. 2., for misdemeanors not covered
25by subd. 1. or 1m., not more than one year.
AB100-engrossed,933,62
973.155
(1) (b) The categories in par. (a)
and sub. (1m) include custody of the
3convicted offender which is in whole or in part the result of a probation, extended
4supervision or parole hold under s. 302.113 (8m), 302.114 (8m), 304.06 (3), or 973.10
5(2) placed upon the person for the same course of conduct as that resulting in the new
6conviction.
AB100-engrossed,933,128
973.155
(1m) A convicted offender shall be given credit toward the service of
9his or her sentence for all days spent in custody as part of a substance abuse
10treatment program that meets the requirements of s. 16.964 (12) (c), as determined
11by the office of justice assistance under s. 16.964 (12) (i) for any offense arising out
12of the course of conduct that led to the person's placement in that program.
AB100-engrossed,933,1614
973.155
(3) The credit provided in sub. (1)
or (1m) shall be computed as if the
15convicted offender had served such time in the institution to which he or she has been
16sentenced.
AB100-engrossed,933,2318
978.03
(3) Any assistant district attorney under sub. (1), (1m)
, or (2) must be
19an attorney admitted to practice law in this state and, except as provided in
ss. s. 20978.043
and 978.044, may perform any duty required by law to be performed by the
21district attorney. The district attorney of the prosecutorial unit under sub. (1), (1m),
22or (2) may appoint such temporary counsel as may be authorized by the department
23of administration.
****Note: This is reconciled s. 978.03 (3). This
Section has been affected by drafts
with the following LRB numbers: LRB-1737 and LRB-0536.
AB100-engrossed,934,53
978.05
(4m) Welfare fraud investigations. Cooperate with the
department 4departments of workforce development
and health and family services regarding the
5fraud investigation
program programs under
s. ss. 49.197 (1m)
and 49.845 (1).
AB100-engrossed,934,167
978.05
(8) (b) Hire, employ, and supervise his or her staff and, subject to
ss. s. 8978.043
and 978.044, make appropriate assignments of the staff throughout the
9prosecutorial unit. The district attorney may request the assistance of district
10attorneys, deputy district attorneys, or assistant district attorneys from other
11prosecutorial units or assistant attorneys general who then may appear and assist
12in the investigation and prosecution of any matter for which a district attorney is
13responsible under this chapter in like manner as assistants in the prosecutorial unit
14and with the same authority as the district attorney in the unit in which the action
15is brought. Nothing in this paragraph limits the authority of counties to regulate the
16hiring, employment, and supervision of county employees.
AB100-engrossed,934,2418
978.13
(1) (d) In counties having a population of 500,000 or more, the salary
19and fringe benefit costs of 2 clerk positions providing clerical services to the
20prosecutors in the district attorney's office handling cases involving the unlawful
21possession or use of firearms. The secretary of administration shall pay the amount
22authorized under this subsection to the county treasurer from the appropriation
23under s. 20.475 (1)
(f) or (i) pursuant to a voucher submitted by the district attorney
24to the department of administration.
AB100-engrossed,935,2
1978.13
(1m) The amount paid under sub. (1) (b), (c), and (d) combined may not
2exceed the amount appropriated under s. 20.475 (1)
(f) and (i)
combined.
AB100-engrossed,938,315
49.45
(6tw) Payments to city health departments. From the appropriation
16account under
section s. 20.435 (7) (b)
of the statutes, as affected by this act, in state
17fiscal year 2004-05, the department
of health and family services may make
18payments to local health departments, as defined under s. 250.02 (4) (a) 3
. of the
19statutes. Payment under this subsection to such a local health department may not
1exceed on an annualized basis payment made by the department
of health and family
2services to the local health department under
section s. 49.45 (6t)
of the statutes,
32003 stats., for services provided by the local health department in 2002.
AB100-engrossed,938,6
6(4)
Sale of certain state property.
AB100-engrossed,938,97
(a) 1. No later than July 1, 2006, the secretary of administration shall review
8all holdings of state-owned real property for potential sale, except as provided in
9subdivision 2.
AB100-engrossed,938,12
102. Subdivision 1. does not apply to any property, facility, or institution the
11closure or sale of which is not authorized under section 16.848 of the statutes, as
12created by this act.
AB100-engrossed,938,2113
(b)
No later than October 1, 2006, the secretary of administration shall submit
14a report to the secretary of the building commission containing an inventory of his
15or her recommendations to offer specified state properties for sale under section
1616.848 of the statutes, as created by this act, and the reasons therefor. A property
17may be included in the inventory with or without approval of the state agency having
18jurisdiction of the property. If, on or before June 30, 2007, the building commission
19votes to approve the sale of any property included in the inventory, the department
20of administration may offer the property for sale under section 16.848 of the statutes,
21as created by this act.
AB100-engrossed,938,2222
(c) This subsection does not apply after June 30, 2007.
AB100-engrossed,939,2
23(6)
Study of physician information database. By March 1, 2006, the
24department of health and family services shall study and make recommendations to
1the joint committee on finance concerning the feasibility of creating a centralized
2physician information database, including through a joint public and private effort.
AB100-engrossed,939,6
3(7q) Report on health care information. By November 30, 2005, the
4department of health and family services shall report to the joint legislative audit
5committee and the joint committee on finance concerning the status of implementing
6section 153.05 (14) of the statutes, as created by this act.
AB100-engrossed,939,7
7(9k)
Youth diversion program transfer.
AB100-engrossed,939,128
(a)
Assets and liabilities. On the effective date of this paragraph, the assets and
9liabilities of the department of administration that are primarily related to the youth
10diversion from gang activities program under section 16.964 (8), 2003 stats., as
11determined by the secretary of administration, shall become the assets and liabilities
12of the department of corrections.
AB100-engrossed,939,1713
(b)
Positions and employees. On the effective date of this paragraph, all
14positions and all incumbent employees holding those positions in the department of
15administration performing duties that are primarily related to the youth division
16from gang activities program under section 16.964 (8), 2003 stats., as determined by
17the secretary of administration, are transferred to the department of corrections.
AB100-engrossed,939,2318
(c)
Employee status. Employees transferred under paragraph (h) have all the
19rights and the same status under subchapter V of chapter 111 and chapter 230 of the
20statutes in the department of corrections that they enjoyed in the department of
21administration immediately before the transfer. Notwithstanding section 230.28 (4)
22of the statutes, no employee so transferred who has attained permanent status in
23class is required to serve a probationary period.
AB100-engrossed,940,324
(d)
Tangible personal property. On the effective date of this paragraph, all
25tangible personal property, including records, of the department of administration
1that is primarily related to the youth diversion from gang activities program under
2section 16.964 (8), 2003 stats., as determined by the secretary of administration, is
3transferred to the department of corrections.