AB275,7,1613
(j) The office shall enter into one or more contracts with another person for the
14purpose of evaluating the grant program established under this subsection. The
15office shall fund such contracts from moneys appropriated under s. 20.505 (6) (e) and
16(kv) with 1 percent of the amount awarded as grants under par. (b).
AB275,7,2317
(k) By December 31, 2011, the office, in collaboration with the departments of
18corrections and health and family services, shall submit a report to the chief clerk
19of each house of the legislature, for distribution to the appropriate standing
20committees under section 13.172 (3), regarding savings that have been generated
21through the implementation of the grant program. The report shall also include
22recommendations regarding how the grant program should be structured in the
23future.
AB275, s. 2
24Section
2. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
25the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
AB275, s. 3
1Section
3. 20.435 (6) (gb) of the statutes is amended to read:
AB275,8,42
20.435
(6) (gb)
Alcohol and drug abuse initiatives. All moneys received under
3s. 961.41 (5) (c)
1., to be expended on programs providing prevention, intervention,
4and treatment for alcohol and other drug abuse problems.
AB275, s. 4
5Section
4. 20.505 (6) (e) of the statutes is created to read:
AB275,8,86
20.505
(6) (e)
Alternatives to prosecution and incarceration for persons who use
7alcohol or other drugs. The amounts in the schedule for making grants to counties
8under s. 16.964 (10) (b) and entering into contracts under s. 16.964 (10) (j).
AB275, s. 5
9Section
5. 20.505 (6) (kv) of the statutes is created to read:
AB275,8,1310
20.505
(6) (kv)
Grants for substance abuse treatment programs for criminal
11offenders. All moneys received under s. 961.41 (5) (c) 2. or 973.043 for the purpose
12of making grants to counties under s. 16.964 (10) (b) and entering into contracts
13under s. 16.964 (10) (j).
AB275, s. 6
14Section
6. 46.07 of the statutes is amended to read:
AB275,9,14
1546.07 Property of patients or residents. All money including wages and
16other property delivered to an officer or employee of any institution for the benefit
17of a patient or resident shall forthwith be delivered to the steward, who shall enter
18the same upon the steward's books to the credit of the patient or resident. The
1property shall be used only under the direction and with the approval of the
2superintendent and for the crime victim and witness assistance surcharge under s.
3973.045 (4), the delinquency victim and witness assistance surcharge under s. 938.34
4(8d) (c), the deoxyribonucleic acid analysis surcharge under s. 973.046
, the drug
5offender diversion surcharge under s. 973.043, or the benefit of the patient or
6resident. If the money remains uncalled for for one year after the patient's or
7resident's death or departure from the institution, the superintendent shall deposit
8the same in the general fund. If any patient or resident leaves property, other than
9money, uncalled for at an institution for one year, the superintendent shall sell the
10property, and the proceeds shall be deposited in the general fund. If any person
11satisfies the department, within 5 years after the deposit, of his or her right to the
12deposit, the department shall direct the department of administration to draw its
13warrant in favor of the claimant and it shall charge the same to the appropriation
14made by s. 20.913 (3) (c).
AB275, s. 7
15Section
7. 301.32 (1) of the statutes is amended to read:
AB275,9,2516
301.32
(1) Property delivered to
warden or superintendent; credit and debit. 17All money and other property delivered to an employee of any state correctional
18institution for the benefit of a prisoner or resident shall be delivered to the warden
19or superintendent, who shall enter the property upon his or her accounts to the credit
20of the prisoner or resident. The property may be used only under the direction and
21with the approval of the superintendent or warden and for the crime victim and
22witness assistance surcharge under s. 973.045 (4), the delinquency victim and
23witness assistance surcharge under s. 938.34 (8d) (c), the deoxyribonucleic acid
24analysis surcharge under s. 973.046
, the drug offender diversion surcharge under s.
25973.043, or the benefit of the prisoner or resident. If the money remains uncalled for
1for one year after the prisoner's or resident's death or departure from the state
2correctional institution, the superintendent shall deposit it in the general fund. If
3any prisoner or resident leaves property, other than money, uncalled for at a state
4correctional institution for one year, the superintendent shall sell the property and
5deposit the proceeds in the general fund, donate the property to a public agency or
6private, nonprofit organization or destroy the property. If any person satisfies the
7department, within 5 years after the deposit, of his or her right to the deposit, the
8department shall direct the department of administration to draw its warrant in
9favor of the claimant and it shall charge the same to the appropriation made by s.
1020.913 (3) (bm).
AB275, s. 8
11Section
8. 302.12 (2) of the statutes is amended to read:
AB275,10,1912
302.12
(2) Money accruing under this section remains under the control of the
13department, to be used for the crime victim and witness assistance surcharge under
14s. 973.045 (4), the deoxyribonucleic acid analysis surcharge under s. 973.046
, the
15drug offender diversion surcharge under s. 973.043, and the benefit of the inmate or
16the inmate's family or dependents, under rules promulgated by the department as
17to time, manner and amount of disbursements.
The rules shall provide that the
18money be used for the reasonable support of the inmate's family or dependents before
19it is allocated for the drug offender diversion surcharge.
AB275, s. 9
20Section
9. 302.13 of the statutes is amended to read:
AB275,11,2
21302.13 Preservation of property an inmate brings to prison. The
22department shall preserve money and effects, except clothes, in the possession of an
23inmate when admitted to the prison and, subject to the crime victim and witness
24assistance surcharge under s. 973.045 (4)
and, the deoxyribonucleic acid analysis
1surcharge under s. 973.046,
and the drug offender diversion surcharge under s.
2973.043, shall restore the money and effects to the inmate when discharged.
AB275, s. 10
3Section
10. 302.43 of the statutes is amended to read:
AB275,11,18
4302.43 Good time. Every inmate of a county jail is eligible to earn good time
5in the amount of one-fourth of his or her term for good behavior if sentenced to at
6least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit
7for time served prior to sentencing under s. 973.155, including good time under s.
8973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects
9or refuses to perform any duty lawfully required of him or her, may be deprived by
10the sheriff of good time under this section, except that the sheriff shall not deprive
11the inmate of more than 2 days good time for any one offense without the approval
12of the court. An inmate who files an action or special proceeding, including a petition
13for a common law writ of certiorari, to which s. 807.15 applies shall be deprived of
14the number of days of good time specified in the court order prepared under s. 807.15
15(3).
This section does not apply to a person who is confined in the county jail in
16connection with his or her participation in a substance abuse treatment program
17that meets the requirements of s. 16.964 (10) (c), as determined by the office of justice
18assistance under s. 16.964 (10) (j).
AB275, s. 11
19Section
11. 303.01 (8) (b) of the statutes is amended to read:
AB275,12,520
303.01
(8) (b) The department shall distribute earnings of an inmate or
21resident, other than an inmate or resident employed under sub. (2) (em), for the crime
22victim and witness assistance surcharge under s. 973.045 (4), for the delinquency
23victim and witness assistance surcharge under s. 938.34 (8d) (c), for the
24deoxyribonucleic acid analysis surcharge under s. 973.046 (4) and for compliance
25with s. 303.06 (2) and may distribute earnings for the support of the inmate's or
1resident's dependents and for other obligations either acknowledged by the inmate
2or resident in writing or which have been reduced to judgment that may be satisfied
3according to law.
The department may also distribute earnings for the drug offender
4diversion surcharge under s. 973.043, but only if the inmate or resident has first
5provided for the reasonable support of his or her dependents.
AB275, s. 12
6Section
12. 303.01 (8) (c) 8. of the statutes is created to read:
AB275,12,87
303.01
(8) (c) 8. Payment of the drug offender diversion surcharge under s.
8973.043.
AB275, s. 13
9Section
13. 303.065 (5) (cm) of the statutes is created to read:
AB275,12,1110
303.065
(5) (cm) Payment of the drug offender diversion surcharge under s.
11973.043.
AB275, s. 14
12Section
14. 814.75 (11) of the statutes is created to read:
AB275,12,1313
814.75
(11) The drug offender diversion surcharge under s. 973.043.
AB275, s. 15
14Section
15. 814.76 (9) of the statutes is created to read:
AB275,12,1515
814.76
(9) The drug offender diversion surcharge under s. 973.043.
AB275, s. 16
16Section
16. 961.41 (5) (a) of the statutes is amended to read:
AB275,12,1917
961.41
(5) (a) When a court imposes a fine for a violation of this section, it shall
18also impose a drug abuse program improvement surcharge under ch. 814 in an
19amount of
50% 75 percent of the fine and penalty surcharge imposed.
AB275, s. 17
20Section
17. 961.41 (5) (c) of the statutes is renumbered 961.41 (5) (c) 1. and
21amended to read:
AB275,12,2422
961.41
(5) (c) 1.
All Two-thirds of all moneys collected from drug surcharges
23shall be deposited by the secretary of administration in and utilized in accordance
24with s. 20.435 (6) (gb).
AB275, s. 18
25Section
18. 961.41 (5) (c) 2. of the statutes is created to read:
AB275,13,3
1961.41
(5) (c) 2. One-third of all moneys collected from drug surcharges shall
2be deposited by the secretary of administration in and utilized in accordance with s.
320.505 (6) (kv).
AB275, s. 19
4Section
19. 961.472 (5) of the statutes is repealed and recreated to read:
AB275,13,65
961.472
(5) The court is not required to enter an order under sub. (2) if any of
6the following applies:
AB275,13,87
(a) The court finds that the person is already covered by or has recently
8completed an assessment under this section or a substantially similar assessment.
AB275,13,119
(b) The person is participating in a substance abuse treatment program that
10meets the requirements of s. 16.964 (10) (c), as determined by the office of justice
11assistance under s. 16.964 (10) (i).
AB275, s. 20
12Section
20. 967.11 of the statutes is created to read:
AB275,13,17
13967.11 Alternatives to prosecution and incarceration; monitoring
14participants. (1) In this section, "approved substance abuse treatment program"
15means a substance abuse treatment program that meets the requirements of s.
1616.964 (10) (c), as determined by the office of justice assistance under s. 16.964 (10)
17(i).
AB275,13,22
18(2) If a county establishes an approved substance abuse treatment program
19and the program authorizes the use of surveillance and monitoring technology or day
20reporting programs, a court or a district attorney may require a person participating
21in an approved substance abuse treatment program to submit to surveillance and
22monitoring technology or a day reporting program as a condition of participation.
AB275, s. 21
23Section
21. 973.032 (6) of the statutes is amended to read:
AB275,14,3
1973.032
(6) Credit. Any sentence credit under s. 973.155 (1)
or (1m) applies
2toward service of the period under sub. (3) (a) but does not apply toward service of
3the period under sub. (3) (b).
AB275, s. 22
4Section
22. 973.043 of the statutes is created to read:
AB275,14,7
5973.043 Drug offender diversion surcharge. (1) If a court imposes a
6sentence or places a person on probation for a crime under ch. 943, the court shall
7impose a drug offender diversion surcharge of $10 for each conviction.
AB275,14,11
8(2) After determining the amount due, the clerk of court shall collect and
9transmit the amount to the county treasurer under s. 59.40 (2) (m). The county
10treasurer shall then make payment to the secretary of administration under s. 59.25
11(3) (f) 2.
AB275,14,14
12(3) All moneys collected from drug offender diversion surcharges shall be
13credited to the appropriation account under s. 20.505 (6) (kv) and used for the
14purpose of making grants to counties under s. 16.964 (10).
AB275,14,18
15(4) If an inmate in a state prison or a person sentenced to a state prison has
16not paid the drug offender diversion surcharge under this section, the department
17shall assess and collect the amount owed from the inmate's wages or other moneys.
18Any amount collected shall be transmitted to the secretary of administration.
AB275, s. 23
19Section
23. 973.05 (2m) of the statutes is amended to read:
AB275,15,1820
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.
AB275, s. 24
19Section
24. 973.155 (1) (b) of the statutes is amended to read:
AB275,15,2420
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.
AB275, s. 25
25Section
25. 973.155 (1m) of the statutes is created to read:
AB275,16,5
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 (10) (c), as determined
4by the office of justice assistance under s. 16.964 (10) (i) for any offense arising out
5of the course of conduct that led to the person's placement in that program.
AB275, s. 26
6Section
26. 973.155 (3) of the statutes is amended to read:
AB275,16,97
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.
AB275,16,1611
(1) By December 31, 2006, the department of health and family services shall
12submit a report to the chief clerk of each house of the legislature, for distribution to
13the appropriate standing committees under section 13.172 (3), regarding how it
14determined, under section 16.964 (10) (c) 4. of the statutes, as created by this act,
15what are the evidence-based practices in substance abuse and mental health
16treatment.
AB275,16,1918
(1) The treatment of sections 814.75 (11), 814.76 (9), and 973.043 of the statutes
19first applies to crimes committed on the effective date of this subsection.
AB275,16,2421
(1)
The treatment of sections 46.07, 301.32 (1), 302.12 (2), 302.13, 303.01 (8) (b)
22and (c) 8., 303.065 (5) (cm), 814.75 (11), 814.76 (9), 973.043, and 973.05 (2m) of the
23statutes and
Section 28 (1) take effect on the first day of the 3rd month beginning
24after publication.