Amendment AA1-ASA1-SB40

SB40-ASA1-AA1,394,20 301.03 (3k) (a) Provide health care to prisoners. The department shall solicit proposals from entities to provide health care to prisoners under contract with the department. The department shall contract with an entity to provide health care to prisoners if all of the following are true:

SB40-ASA1-AA1,394,21 1. The entity is an accredited correctional health care provider.

SB40-ASA1-AA1,394,22 2. Each facility at which the entity provides health care services is accredited.

SB40-ASA1-AA1,395,2 3. The department would realize cost savings by contracting with an entity to provide health care services to inmates.

SB40-ASA1-AA1,395,12 (b) The department shall provide a copy of its request-for-proposal for health care services to the joint committee on finance and the appropriate standing committee for each house of the legislature at the time it is issued. When the department accepts a bid, or when it rejects all submitted bids, the department shall notify the joint committee on finance and the appropriate standing committee for each house of the legislature and shall submit a complete copy of each submitted bid to those committees. If the department does not accept any submitted bid, the department shall report its reasons for rejecting each submitted bid to the joint committee on finance and the appropriate standing committee for each house of the legislature.".

SB40-ASA1-AA1,395,13 1888. Page 1357, line 24: delete that line.

SB40-ASA1-AA1,395,14 1889. Page 1358, line 1: delete lines 1 to 18.

SB40-ASA1-AA1,395,15 1890. Page 1359, line 3: delete lines 3 to 6.

SB40-ASA1-AA1,395,16 1891. Page 1359, line 7: delete lines 7 to 14.

SB40-ASA1-AA1,395,18 1892. Page 1359, line 15: delete the material beginning with that line and ending with page 1360, line 2.

SB40-ASA1-AA1,395,19 1893. Page 1360, line 3: delete lines 3 to 10.

SB40-ASA1-AA1,395,20 1894. Page 1362, line 13: delete lines 13 to 17.

SB40-ASA1-AA1,395,21 1895. Page 1362, line 20: delete "and, (ko) , and (r)" and substitute "and (ko)".

SB40-ASA1-AA1,395,23 1896. Page 1362, line 25: delete the material beginning with that line and ending with page 1363, line 4, and substitute:

SB40-ASA1-AA1,396,1 " Section 3117d. 301.26 (7) (a) of the statutes is amended to read:

SB40-ASA1-AA1,396,4 301.26 (7) (a) For community youth and family aids under this section, amounts not to exceed $44,145,100 for the last 6 months of 2005 2007, $88,290,200 for 2006 2008, and $44,145,100 for the first 6 months of 2007 2009.".

SB40-ASA1-AA1,396,5 1897. Page 1363, line 9: after that line insert:

SB40-ASA1-AA1,396,6 " Section 3118m. 301.26 (7) (b) 2. of the statutes is amended to read:

SB40-ASA1-AA1,396,10 301.26 (7) (b) 2. Each county's proportion of the total Part I juvenile arrests reported statewide under the uniform crime reporting system of the office department of justice assistance during the most recent 3-year period for which that information is available.".

SB40-ASA1-AA1,396,11 1898. Page 1363, line 10: delete lines 10 to 15.

SB40-ASA1-AA1,396,13 1899. Page 1363, line 24: delete the material beginning with that line and ending with page 1364, line 5.

SB40-ASA1-AA1,396,14 1900. Page 1365, line 2: after that line insert:

SB40-ASA1-AA1,396,15 " Section 3124m. 301.263 (3) of the statutes is amended to read:

SB40-ASA1-AA1,397,4 301.263 (3) The department shall distribute 33% of the amounts distributed under sub. (1) based on each county's proportion of the violent Part I juvenile arrests reported statewide under the uniform crime reporting system of the office department of justice assistance in the department of administration, during the most recent 2-year period for which that information is available. The department shall distribute 33% of the amounts distributed under sub. (1) based on each county's proportion of the number of juveniles statewide who are placed in a juvenile correctional facility or a secured residential care center for children and youth during the most recent 2-year period for which that information is available. The department shall distribute 34% of the amounts distributed under sub. (1) based on each county's proportion of the total Part I juvenile arrests reported statewide under the uniform crime reporting system of the office department of justice assistance, during the most recent 2-year period for which that information is available.".

SB40-ASA1-AA1,397,6 1901. Page 1365, line 3: delete the material beginning with that line and ending with page 1366, line 17, and substitute:

SB40-ASA1-AA1,397,7 " Section 3128d. 301.265 (3) of the statutes is amended to read:

SB40-ASA1-AA1,398,4 301.265 (3) From the appropriations under s. 20.410 (3) (d) and (kj), the department shall allocate $150,000 in each fiscal year to enter into a contract with an organization to provide services in Racine County, $150,000 in each fiscal year to enter into a contract with an organization to provide services in Kenosha County, $150,000 in each fiscal year to enter into a contract with an organization that is located in ward 1 in the city of Racine to provide services in Racine County, and $150,000 in each fiscal year to enter into a contract with an organization to provide services in Brown County, and from the appropriation under s. 20.410 (3) (kj), the department shall allocate $100,000 in each fiscal year to enter into a contract with an organization, for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational, and employment programs, and for alcohol or other drug abuse education and treatment services for participants in that organization's youth diversion program. The organization that is located in ward 1 in the city of Racine shall have a recreational facility, shall offer programs to divert youths from gang activities, may not be affiliated with any national or state association, and may not have entered into a contract under s. 301.265 (3), 1995 stats. Notwithstanding s. 16.75 and except for the contract that must be awarded to an organization that is be located in the city of Racine, the department may enter into a any contract under this subsection without soliciting bids or proposals and without accepting the lowest responsible bid or offer.".

SB40-ASA1-AA1,398,5 1902. Page 1366, line 17: after that line insert:

SB40-ASA1-AA1,398,6 " Section 3128g. 301.28 (2) (c) of the statutes is created to read:

SB40-ASA1-AA1,398,10 301.28 (2) (c) The department may not require a correctional officer, who is certified under s. 146.50 (6g) to use an automated external defibrillator, to attend a training program on first aid, on the use of cardiopulmonary resuscitation, or on the use of an automated external defibrillator.".

SB40-ASA1-AA1,398,12 1903. Page 1366, line 18: delete the material beginning with that line and ending with page 1367, line 2.

SB40-ASA1-AA1,398,13 1904. Page 1367, line 2: after that line insert:

SB40-ASA1-AA1,398,14 " Section 3128r. 301.30 of the statutes is amended to read:

SB40-ASA1-AA1,398,23 301.30 Inmate wages, allowances and release payments. The department may pay a wage or an allowance and a release payment to inmates at its institutions, except that the department may not pay an inmate for participating in an education or program assignment and may not pay an inmate who is involuntarily unassigned. An inmate is involuntarily unassigned if he or she is willing and able to participate in a work, education, or program assignment, but no assignment is available to him or her. The department shall prescribe the amounts of pay and such hours, health and other conditions in connection with employment as are reasonable.".

SB40-ASA1-AA1,398,24 1905. Page 1367, line 2: after that line insert:

SB40-ASA1-AA1,399,1 " Section 3128p. 301.289 of the statutes is created to read:

SB40-ASA1-AA1,399,5 301.289 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.".

SB40-ASA1-AA1,399,6 1906. Page 1367, line 3: delete lines 3 to 25.

SB40-ASA1-AA1,399,7 1907. Page 1368, line 6: delete "$50" and substitute "$50 $100".

SB40-ASA1-AA1,399,8 1908. Page 1368, line 21: delete lines 21 and 22.

SB40-ASA1-AA1,399,9 1909. Page 1371, line 16: delete "has received" and substitute "receives".

SB40-ASA1-AA1,399,10 1910. Page 1374, line 20: after that line insert:

SB40-ASA1-AA1,399,11 " Section 3166n. 301.49 of the statutes is created to read:

SB40-ASA1-AA1,399,16 301.49 Vehicle registration plates for certain sex offenders. (1) Who is covered. A person who is subject to the global positioning system tracking requirement under s. 301.48 (2) or (2m) is subject to the vehicle registration plate requirement and prohibition under sub. (3) until the person is released from the global positioning system tracking requirement under s. 301.48 (2) or (2m).

SB40-ASA1-AA1,399,19 (2) Information access. The department shall provide to the department of justice information sufficient to identify the persons who are covered under sub. (1) for the purpose of s. 165.8285 (1m).

SB40-ASA1-AA1,399,23 (3) Vehicle registration plate requirements. (a) A person covered under sub. (1) who applies to the department of transportation for registration of a motor vehicle under ch. 341 shall identify himself or herself in the application as a person to whom special registration plates shall be issued under s. 341.14 (6y).

SB40-ASA1-AA1,400,6 (b) If a person registered in his or her name any motor vehicle under ch. 341 prior to becoming covered under sub. (1), the person shall, immediately after becoming covered under sub. (1), apply to the department of transportation for replacement registration plates under s. 341.16 (1) (c) for each such vehicle, identifying himself or herself in the application for replacement registration plates as a person to whom special registration plates shall be issued under s. 341.14 (6y).

SB40-ASA1-AA1,400,9 (c) A person covered under sub. (1) may not operate on a highway, as defined in s. 340.01 (22), a motor vehicle required to be registered under ch. 341 unless it displays registration plates issued under s. 341.14 (6y).

SB40-ASA1-AA1,400,11 (4) Penalties. (a) Whoever intentionally violates sub. (3) (a) or (b) is guilty of a Class G felony.

SB40-ASA1-AA1,400,12 (b) Whoever intentionally violates sub. (3) (c) is guilty of a Class H felony.

SB40-ASA1-AA1,400,15 (5) Notification. (a) The department shall notify a person under sub. (1) of his or her need to comply with the vehicle registration plate requirement and prohibition under sub. (3).

SB40-ASA1-AA1,400,19 (b) After notifying a person under par. (a) of the need to comply with this section, the person who is providing the notification shall require the person who is being notified to read and sign a form stating that he or she has been informed of the requirements of this section.

SB40-ASA1-AA1,400,24 (c) It is not a defense to liability under sub. (4) (a) or (b) that the person subject to sub. (3) was not required to read and sign a form under par. (b), was not provided with a form to read and sign under par. (b), or failed or refused to read or sign a form under par. (b). It is not a defense to liability under sub. (4) (a) or (b) that the person subject to sub. (3) did not receive notice under this subsection from the department.".

SB40-ASA1-AA1,401,1 1911. Page 1374, line 21: delete lines 21 to 24.

SB40-ASA1-AA1,401,2 1912. Page 1375, line 1: delete lines 1 and 2.

SB40-ASA1-AA1,401,3 1913. Page 1375, line 2: after that line insert:

SB40-ASA1-AA1,401,4 " Section 3177m. 302.12 (1) of the statutes is amended to read:

SB40-ASA1-AA1,401,13 302.12 (1) The department may provide by rule for the payment of money to inmates, except that the department may not pay an inmate for participating in an education or program assignment and may not pay an inmate who is involuntarily unassigned. An inmate is involuntarily unassigned if he or she is willing and able to participate in a work, education, or program assignment, but no assignment is available to him or her. The rate may vary for different prisoners in accordance with the pecuniary value of the work performed, willingness, and good behavior. The payment of money to inmates working in the prison industries shall be governed by s. 303.01 (4).".

SB40-ASA1-AA1,401,14 1914. Page 1375, line 3: delete lines 3 to 20.

SB40-ASA1-AA1,401,16 1915. Page 1375, line 21: delete the material beginning with that line and ending with page 1376, line 15 and substitute:

SB40-ASA1-AA1,401,17 " Section 3180d. 302.386 (1) of the statutes is amended to read:

SB40-ASA1-AA1,402,3 302.386 (1) Except as provided in sub. (5), liability for medical and dental services furnished to residents housed in prisons identified in s. 302.01, in a juvenile correctional facility, or in a secured residential care center for children and youth, or to forensic patients in state institutions for those services that are not provided by employees of the department or under contract pursuant to s. 301.03 (3k) shall be limited to the amounts payable under ss. 49.43 to 49.47, except s. 49.468, for similar services. The department may waive any such limit if it determines that needed services cannot be obtained for the applicable amount. No provider of services may bill the resident or patient for the cost of services exceeding the amount of the liability under this subsection.".

SB40-ASA1-AA1,402,4 1916. Page 1376, line 15: after that line insert:

SB40-ASA1-AA1,402,5 " Section 3180m. 302.43 of the statutes is amended to read:

SB40-ASA1-AA1,402,20 302.43 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) 165.95 (3), as determined by the office department of justice assistance under s. 16.964 (12) (j) 165.95 (9).".

SB40-ASA1-AA1,402,21 1917. Page 1376, line 15: after that line insert:

SB40-ASA1-AA1,402,22 " Section 3190m. 340.01 (3) (dg) of the statutes is created to read:

SB40-ASA1-AA1,403,3 340.01 (3) (dg) Privately owned motor vehicles being used by an organ procurement organization, or by any person under an agreement with an organ procurement organization, to transport organs for human transplantation or to transport medical personnel for the purpose of performing human organ harvesting or transplantation immediately after the transportation.

SB40-ASA1-AA1, s. 3190p Section 3190p. 340.01 (3) (dh) of the statutes is created to read:

SB40-ASA1-AA1,403,12 340.01 (3) (dh) Privately owned motor vehicles being operated in the course of a business and being used, in response to an emergency call from a treating physician or his or her designee declaring the transportation to be an emergency, to transport medical devices or equipment to a hospital or ambulatory surgery center, or to pick up medical devices or equipment for immediate transportation to a hospital or ambulatory surgery center, if the medical devices or equipment are to be used for human implantation or for urgent medical treatment immediately after the transportation.".

SB40-ASA1-AA1,403,13 1918. Page 1376, line 15: after that line insert:

SB40-ASA1-AA1,403,14 " Section 3180h. 302.388 (2) (g) of the statutes is created to read:

SB40-ASA1-AA1,403,24 302.388 (2) (g) If a prisoner's health summary form or complete medical file indicates that the prisoner has a communicable disease and if disclosure of that information is necessary for the health and safety of the prisoner or of other prisoners, of a correctional officer who has custody of or is responsible for the supervision of the prisoner, of a person designated with custodial authority over the prisoner by a jailer, of any other employee of the prison or jail, or of a law enforcement officer or other person who is responsible for transferring the prisoner to or from a prison or jail, receiving institution intake staff shall disclose that information to the persons specified in par. (f) 1. to 4. and to that correctional officer, person with custodial authority, law enforcement officer, or other person.

SB40-ASA1-AA1, s. 3180j Section 3180j. 302.388 (3) of the statutes is renumbered 302.388 (3) (a).

SB40-ASA1-AA1, s. 3180L Section 3180L. 302.388 (3) (b) of the statutes is created to read:

SB40-ASA1-AA1,404,12 302.388 (3) (b) If a prisoner's treatment summary indicates that the prisoner has a communicable disease and if disclosure of that information is necessary for the health and safety of the prisoner or of other prisoners, of a correctional officer who has custody of or is responsible for the supervision of the prisoner, of a person designated with custodial authority over the prisoner by a jailer, of any other employee of the prison or jail, or of a law enforcement officer or other person who is responsible for transferring the prisoner to or from a prison or jail, the department or jailer shall disclose that information to the persons to whom a treatment summary may be made available under par. (a) and to that correctional officer, person with custodial authority, law enforcement officer, or other person.".

SB40-ASA1-AA1,404,14 1919. Page 1376, line 16: delete the material beginning with that line and ending with page 1393, line 3, and substitute:

SB40-ASA1-AA1,404,15 " Section 3204bg. 341.01 (2) (c) of the statutes is created to read:

SB40-ASA1-AA1,404,16 341.01 (2) (c) "Sex offender" means a person who is covered under s. 301.49 (1).

SB40-ASA1-AA1, s. 3204br Section 3204br. 341.08 (1m) of the statutes is amended to read:

SB40-ASA1-AA1,404,20 341.08 (1m) The forms for application for original registration and for renewal of registration under sub. (1) shall include the information required under s. 85.103 (2) and, the applicant's birth date, and whether the applicant is a sex offender.

SB40-ASA1-AA1, s. 3205ec Section 3205ec. 341.14 (6y) of the statutes is created to read:

SB40-ASA1-AA1,405,7 341.14 (6y) Upon application by a person who is a sex offender, the department shall issue and deliver to the person plates of a special design, in lieu of the plates that ordinarily would be issued for the vehicle, and shall renew the plates. The plates shall have a chartreuse-colored background. The department shall design the plates so as to readily apprise law enforcement officers of the fact that the vehicle is owned by a sex offender. A fee of $30, in addition to the prescribed registration fee, shall be charged for the issuance or renewal of such plates. If at any time the owner of the vehicle is no longer a sex offender, the owner may dispose of these special plates in a manner prescribed by the department and shall obtain replacement plates for the vehicle.

SB40-ASA1-AA1, s. 3205eg Section 3205eg. 341.145 (1) (g) of the statutes is created to read:

SB40-ASA1-AA1,405,12 341.145 (1) (g) A registration plate of the same color and design as provided in s. 341.14 (6y) for a vehicle registered by a sex offender, which displays a registration number composed of letters or numbers, or both, not exceeding 6 positions and not less than one position, requested by the applicant.

SB40-ASA1-AA1, s. 3205ev Section 3205ev. 341.145 (1g) (f) of the statutes is created to read:

SB40-ASA1-AA1,405,16 341.145 (1g) (f) The department may issue personalized registration plates under sub. (1) (g) to a person who is required to obtain special plates issued under s. 341.14 (6y).

SB40-ASA1-AA1, s. 3205he Section 3205he. 341.16 (1) (c) of the statutes is created to read:

SB40-ASA1-AA1,405,22 341.16 (1) (c) Upon receipt of an application by a sex offender required under s. 301.49 (3) (b) to be issued special registration plates under s. 341.14 (6y), along with a fee of $15 for each plate, the department shall issue replacement plates under s. 341.14 (6y). Upon receipt of these replacement registration plates, the applicant shall remove and destroy all registration plates replaced.