Amendment SA1-SSA1-SB40

SB40-SSA1-SA1,273,8 (e) An estimate, in accordance with sub. (5), of what the disposal costs would be using a facility in this state that is approved for the disposal of sediment that contains polychlorinated biphenyls in a concentration of 50 parts per million or greater.

SB40-SSA1-SA1,273,12 (5) Estimate of in-state disposal costs. (a) If there is a facility in this state that is approved for the disposal of sediment that contains polychlorinated biphenyls in a concentration of 50 parts per million or greater, an applicant shall make the estimate required by sub. (4) (e) using the disposal costs for that facility.

SB40-SSA1-SA1,273,16 (b) Except as provided in par. (c), if there is no facility in this state that is approved for the disposal of sediment that contains polychlorinated biphenyls in a concentration of 50 parts per million or greater, an applicant shall make the estimate required by sub. (4) (e) in one of the following ways:

SB40-SSA1-SA1,273,22 1. Based on the costs of disposing of PCB contaminated sediment at facilities in other states, other than the facility that the applicant uses for disposal of the contaminated sediments, that are comparable to a facility that, if constructed in this state, would meet the applicable state and federal requirements for the disposal of sediment that contains polychlorinated biphenyls in a concentration of 50 parts per million or greater.

SB40-SSA1-SA1,274,2 2. Based on the costs of constructing and operating a facility in this state that would meet the applicable state and federal requirements for the disposal of sediment that contains polychlorinated biphenyls in a concentration of 50 parts per million or greater.

SB40-SSA1-SA1,274,7 (c) If there is no facility in this state that is approved for the disposal of sediment that contains polychlorinated biphenyls in a concentration of 50 parts per million or greater and if the department has accepted, within 2 years of the date that an applicant submits an application, an estimate required by sub. (4) (e) using the method under par. (b) 1., the applicant may use that estimate to satisfy sub. (4) (e).

SB40-SSA1-SA1,274,10 (d) If an applicant is required to make an estimate under par. (b), the applicant shall include in the application an explanation of the method used to estimate the cost of transporting the PCB contaminated sediment to a facility in this state.

SB40-SSA1-SA1,274,14 (6) Notification of completeness. When the department receives an application under sub. (4), the department shall notify the claimant whether the application is complete and, if the application is not complete, the information that the applicant must submit to complete the application.

SB40-SSA1-SA1,274,22 (7) Decision on application. (a) Subject to pars. (b) and (c), the department shall approve a complete application that complies with sub. (4) and the rules promulgated under sub. (11) if the department determines that the disposal costs incurred by the applicant and any other costs that the department determines to be reasonably necessary and attributable to the out-of-state disposal exceed what the disposal costs would be using a facility in this state that meets the applicable state and federal requirements for the disposal of sediment that contains polychlorinated biphenyls in a concentration of 50 parts per million or greater.

SB40-SSA1-SA1,274,25 (b) The department may only approve reimbursement for costs incurred on or after the first day of the 24th month before the month in which the application is submitted.

SB40-SSA1-SA1,275,2 (c) The department shall deny an application if the department determines that the application is fraudulent.

SB40-SSA1-SA1,275,9 (8) Reimbursement. (a) Except as provided in par. (b), if the department approves an application under sub. (4), the department shall, within 60 days of receiving the complete application, pay the applicant an amount equal to 95 percent of the amount by which the sum of the approved costs exceeds what the disposal costs would be using a facility in this state that meets the applicable state and federal requirements for the disposal of sediment that contains polychlorinated biphenyls in a concentration of 50 parts per million or greater.

SB40-SSA1-SA1,275,12 (b) If the amount determined under par. (a) exceeds the amount available in the appropriation account under 20.370 (6) (ev), the department shall pay the excess when additional funds become available.

SB40-SSA1-SA1,275,20 (9) Review of decision. (a) No later than the 30th day after the day on which the department approves or denies an application under sub. (4), the applicant may submit a petition for reconsideration to the secretary. The secretary shall issue a decision on whether to grant the petition no later than the 20th day after the day on which the applicant submits the petition. If the secretary grants the petition, the secretary shall meet with the applicant and employees of the department and shall issue a decision on the reconsideration no later than the 30th day after the day of the meeting.

SB40-SSA1-SA1,275,25 (b) No later than the 30th day after the day on which the department approves or denies an application under sub. (4) or, if the applicant petitioned for reconsideration under par. (a), no later than the 30th day after the day on which the secretary denied the petition or issued a decision on reconsideration, the applicant may request a contested case hearing under ch. 227.

SB40-SSA1-SA1,276,8 (c) No later than the 30th day after the day on which the department approves or denies an application under sub. (4) or, if the applicant petitioned for reconsideration under par. (a), no later than the 30th day after the day on which the secretary denied the petition or issued a decision on reconsideration, or, if the applicant requested a contested case hearing under ch. 227, no later than the 30th day after the day on which the final decision on the contested case is issued, an applicant may petition for judicial review of the department's decision on the application.

SB40-SSA1-SA1,276,13 (10) Effect of program. (a) The availability of reimbursement under this section is not a bar to any other statutory or common law remedy for a responsible party to recover costs of disposing of PCB contaminated sediment. A responsible party is not required to seek reimbursement under this section before seeking any other statutory or common law remedy.

SB40-SSA1-SA1,276,15 (b) Findings and conclusions under this section are not admissible in any civil action.

SB40-SSA1-SA1,276,17 (11) Rules. The department shall promulgate rules specifying procedures for the submission, review, and approval of claims under this section.".

SB40-SSA1-SA1,276,18 537. Page 1357, line 17: after that line insert:

SB40-SSA1-SA1,276,19 " Section 3100. 301.03 (3) of the statutes is amended to read:

SB40-SSA1-SA1,277,6 301.03 (3) Administer parole, extended supervision and probation matters, except that the decision to grant or deny parole or to grant or terminate extended supervision under s. 304.06 (1) (b) to inmates shall be made by the parole earned release review commission and the decision to revoke probation, extended supervision or parole in cases in which there is no waiver of the right to a hearing shall be made by the division of hearings and appeals in the department of administration. The secretary may grant special action parole releases under s. 304.02. The department shall promulgate rules establishing a drug testing program for probationers, parolees and persons placed on extended supervision. The rules shall provide for assessment of fees upon probationers, parolees and persons placed on extended supervision to partially offset the costs of the program.".

SB40-SSA1-SA1,277,7 538. Page 1357, line 23: after that line insert:

SB40-SSA1-SA1,277,8 " Section 3101. 301.0465 (3) (a) 4. of the statutes is amended to read:

SB40-SSA1-SA1,277,11 301.0465 (3) (a) 4. He or she is serving an indeterminate sentence and the parole earned release review commission has authorized his or her release on parole within the next 6 months.

SB40-SSA1-SA1, s. 3102 Section 3102. 301.048 (2) (am) 3. of the statutes is amended to read:

SB40-SSA1-SA1,277,15 301.048 (2) (am) 3. The parole earned release review commission grants him or her parole under s. 304.06 and requires his or her participation in the program as a condition of parole under s. 304.06 (1x).".

SB40-SSA1-SA1,277,16 539. Page 1358, line 18: after that line insert:

SB40-SSA1-SA1,277,17 " Section 3106. 301.21 (1m) (c) of the statutes is amended to read:

SB40-SSA1-SA1,277,22 301.21 (1m) (c) Any hearing to consider parole or whether to grant or terminate extended supervision, if the prisoner is sentenced under s. 973.01 for a Class F to a Class I felony to which an inmate confined under this contract may be entitled by the laws of Wisconsin will be conducted by the Wisconsin parole earned release review commission under rules of the department.

SB40-SSA1-SA1, s. 3107 Section 3107. 301.21 (2m) (c) of the statutes is amended to read:

SB40-SSA1-SA1,278,5 301.21 (2m) (c) Any hearing to consider parole or whether to grant or terminate extended supervision, if the prisoner is sentenced under s. 973.01 for a Class F to a Class I felony, to which a prisoner confined under a contract under this subsection may be entitled by the laws of Wisconsin shall be conducted by the Wisconsin parole earned release review commission under rules of the department.".

SB40-SSA1-SA1,278,6 540. Page 1371, line 16: delete "has received" and substitute "receives".

SB40-SSA1-SA1,278,7 541. Page 1374, line 20: after that line insert:

SB40-SSA1-SA1,278,8 " Section 3167. 302.045 (3) of the statutes is amended to read:

SB40-SSA1-SA1,278,16 302.045 (3) Parole eligibility. Except as provided in sub. (4), if the department determines that an inmate serving a sentence other than one imposed under s. 973.01 has successfully completed the challenge incarceration program, the parole earned release review commission shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served. When the parole earned release review commission grants parole under this subsection, it must require the parolee to participate in an intensive supervision program for drug abusers as a condition of parole.".

SB40-SSA1-SA1,278,17 542. Page 1375, line 2: after that line insert:

SB40-SSA1-SA1,278,18 " Section 3169. 302.05 (3) (b) of the statutes is amended to read:

SB40-SSA1-SA1,279,2 302.05 (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 a treatment program described in sub. (1), the parole earned release review commission shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served. If the parole earned release review 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.

SB40-SSA1-SA1, s. 3170 Section 3170. 302.11 (1g) (b) (intro.) of the statutes is amended to read:

SB40-SSA1-SA1,279,11 302.11 (1g) (b) (intro.) Before an incarcerated inmate with a presumptive mandatory release date reaches the presumptive mandatory release date specified under par. (am), the parole earned release review commission shall proceed under s. 304.06 (1) to consider whether to deny presumptive mandatory release to the inmate. If the parole earned release review commission does not deny presumptive mandatory release, the inmate shall be released on parole. The parole earned release review commission may deny presumptive mandatory release to an inmate only on one or more of the following grounds:

SB40-SSA1-SA1, s. 3171 Section 3171. 302.11 (1g) (b) 2. of the statutes is amended to read:

SB40-SSA1-SA1,279,19 302.11 (1g) (b) 2. Refusal by the inmate to participate in counseling or treatment that the social service and clinical staff of the institution determines is necessary for the inmate, including pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen if the inmate is a serious child sex offender as defined in s. 304.06 (1q) (a). The parole earned release review commission may not deny presumptive mandatory release to an inmate because of the inmate's refusal to participate in a rehabilitation program under s. 301.047.

SB40-SSA1-SA1, s. 3172 Section 3172. 302.11 (1g) (c) of the statutes is amended to read:

SB40-SSA1-SA1,279,24 302.11 (1g) (c) If the parole earned release review commission denies presumptive mandatory release to an inmate under par. (b), the parole earned release review commission shall schedule regular reviews of the inmate's case to consider whether to parole the inmate under s. 304.06 (1).

SB40-SSA1-SA1, s. 3173 Section 3173. 302.11 (1g) (d) of the statutes is amended to read:

SB40-SSA1-SA1,280,3 302.11 (1g) (d) An inmate may seek review of a decision by the parole earned release review commission relating to the denial of presumptive mandatory release only by the common law writ of certiorari.

SB40-SSA1-SA1, s. 3174 Section 3174. 302.11 (1m) of the statutes is amended to read:

SB40-SSA1-SA1,280,7 302.11 (1m) An inmate serving a life term is not entitled to mandatory release. Except as provided in ss. 939.62 (2m) (c) and 973.014, the parole earned release review commission may parole the inmate as specified in s. 304.06 (1).

SB40-SSA1-SA1, s. 3175 Section 3175. 302.11 (7) (c) of the statutes is amended to read:

SB40-SSA1-SA1,280,11 302.11 (7) (c) The parole earned release review commission may subsequently parole, under s. 304.06 (1), and the department may subsequently parole, under s. 304.02, a parolee who is returned to prison for violation of a condition of parole.

SB40-SSA1-SA1, s. 3176 Section 3176. 302.113 (2) of the statutes is amended to read:

SB40-SSA1-SA1,280,18 302.113 (2) Except as provided in subs. (3) and (9), an inmate subject to this section is entitled to release to extended supervision after he or she has served the term of confinement in prison portion of the sentence imposed under s. 973.01, as modified by the sentencing court under sub. (9g) or s. 302.045 (3m) (b) 1., 302.05 (3) (c) 2. a., or 973.195 (1r), if applicable, or as adjusted by the earned release review commission under s. 304.06 (1) (b).".

SB40-SSA1-SA1,280,19 543. Page 1375, line 2: after that line insert:

SB40-SSA1-SA1,280,20 " Section 3177. 302.113 (8m) (b) of the statutes is amended to read:

SB40-SSA1-SA1,281,6 302.113 (8m) (b) If a person released to extended supervision under this section signs a statement admitting a violation of a condition or rule of extended supervision, the department may, as a sanction for the violation, confine the person for up to 90 days in a facility owned or operated by the department, in a regional detention facility or, with the approval of the sheriff, in a county jail, in a Huber facility under s. 303.09, or in a work camp under s. 303.10. If the department confines the person in a county jail under this paragraph, the department shall reimburse the county for its actual costs in confining the person from the appropriations under s. 20.410 (1) (ab) and (b). Notwithstanding s. 302.43, the person is not eligible to earn good time credit on any period of confinement imposed under this subsection.".

SB40-SSA1-SA1,281,7 544. Page 1376, line 15: after that line insert:

SB40-SSA1-SA1,281,8 " Section 3181. 304.01 (title) of the statutes is amended to read:

SB40-SSA1-SA1,281,10 304.01 (title) Parole Earned release review commission and commission chairperson; general duties.

SB40-SSA1-SA1, s. 3182 Section 3182. 304.01 (1) of the statutes is amended to read:

SB40-SSA1-SA1,281,15 304.01 (1) The chairperson of the parole earned release review commission shall administer and supervise the commission and its activities and shall be the final parole granting authority for granting parole, release to extended supervision, or termination of extended supervision, except as provided in s. 304.02 or 973.195.

SB40-SSA1-SA1, s. 3183 Section 3183. 304.01 (2) (intro.) of the statutes is amended to read:

SB40-SSA1-SA1,281,23 304.01 (2) (intro.) The parole earned release review commission shall conduct regularly scheduled interviews to consider the parole or release to extended supervision of eligible inmates of the adult correctional institutions under the control of the department of corrections, eligible inmates transferred under ch. 51 and under the control of the department of health and family services and eligible inmates in any county house of correction. The department of corrections shall provide all of the following to the parole earned release review commission:

SB40-SSA1-SA1, s. 3184 Section 3184. 304.01 (2) (b) of the statutes is amended to read:

SB40-SSA1-SA1,282,3 304.01 (2) (b) Scheduling assistance for parole interviews for prisoners who have applied for parole or release to extended supervision at the correctional institutions.

SB40-SSA1-SA1, s. 3185 Section 3185. 304.01 (2) (c) of the statutes is amended to read:

SB40-SSA1-SA1,282,6 304.01 (2) (c) Clerical support related to the parole interviews for prisoners who have applied for parole or release to extended supervision.

SB40-SSA1-SA1, s. 3186 Section 3186. 304.01 (2) (d) of the statutes is amended to read:

SB40-SSA1-SA1,282,10 304.01 (2) (d) Appropriate physical space at the correctional institutions to conduct the parole interviews for prisoners who have applied for parole or release to extended supervision.

SB40-SSA1-SA1, s. 3187 Section 3187. 304.06 (title) of the statutes is amended to read:

SB40-SSA1-SA1,282,13 304.06 (title) Paroles Release to parole or extended supervision from state prisons and house of correction; termination of extended supervision.

SB40-SSA1-SA1, s. 3188 Section 3188. 304.06 (1) (b) of the statutes is amended to read:

SB40-SSA1-SA1,283,11 304.06 (1) (b) Except as provided in s. 961.49 (2), 1999 stats., sub. (1m) or s. 302.045 (3), 302.05 (3) (b), 973.01 (6), or 973.0135, the parole earned release review commission may parole an inmate of the Wisconsin state prisons or any felon or any person serving at least one year or more in a county house of correction or a county reforestation camp organized under s. 303.07, when he or she has served 25% of the sentence imposed for the offense, or 6 months, whichever is greater. The earned release review board may release to extended supervision a person sentenced under s. 973.01 for a Class F to a Class I felony after the person has served at least 75 percent of the term of confinement in prison portion of the sentence, and may terminate extended supervision of a person sentenced under s. 973.01 for a Class F to a Class I felony after the person has completed 75 percent of his or her extended supervision portion of the sentence. Except as provided in s. 939.62 (2m) (c) or 973.014 (1) (b) or (c), (1g) or (2), the parole earned release review commission may parole an inmate serving a life term when he or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject to extension under s. 302.11 (1q) and (2), if applicable. The person serving the life term shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary may grant special action parole releases under s. 304.02. The department or the parole earned release review commission shall not provide any convicted offender or other person sentenced to the department's custody any parole eligibility or evaluation for parole or release to extended supervision until the person has been confined at least 60 days following sentencing.

SB40-SSA1-SA1, s. 3189 Section 3189. 304.06 (1) (bn) of the statutes is created to read:

SB40-SSA1-SA1,283,15 304.06 (1) (bn) The earned release review commission may consider any of the following as a ground for a petition under par. (b) for sentence reduction by a person who is sentenced under s. 973.01 for a Class F to Class I felony:

SB40-SSA1-SA1,283,18 1. The inmate's conduct, efforts at and progress in rehabilitation, or participation and progress in education, treatment, or other correctional programs since he or she was sentenced.

SB40-SSA1-SA1,283,23 2. A change in law or procedure related to sentencing or revocation of extended supervision effective after the inmate was sentenced that would have resulted in a shorter term of confinement in prison or, if the inmate was returned to prison upon revocation of extended supervision, a shorter period of confinement in prison upon revocation, if the change had been applicable when the inmate was sentenced.

SB40-SSA1-SA1,283,25 3. The inmate is subject to a sentence of confinement in another state or the inmate is in the United States illegally and may be deported.

SB40-SSA1-SA1,284,1 4. Sentence adjustment is otherwise in the interests of justice.

SB40-SSA1-SA1, s. 3190 Section 3190. 304.06 (1) (br) of the statutes is created to read:

SB40-SSA1-SA1,284,5 304.06 (1) (br) 1. Except as provided under subd. 2., the earned release review commission may reduce the term of confinement of a person who is sentenced under s. 973.01 for a Class F to Class I felony only as follows:

SB40-SSA1-SA1,284,9 a. If the inmate is serving the term of confinement in prison portion of the sentence, a reduction in the term of confinement in prison by the amount of time remaining in the term of confinement in prison portion of the sentence, less up to 30 days, and a corresponding increase in the term of extended supervision.

SB40-SSA1-SA1,284,13 b. If the inmate is confined in prison upon revocation of extended supervision, a reduction in the amount of time remaining in the period of confinement in prison imposed upon revocation, less up to 30 days, and a corresponding increase in the term of extended supervision.

SB40-SSA1-SA1,284,22 2. a. If the earned release review commission adjusts a sentence under subd. 1. on the basis of a change in law or procedure as provided under par. (bn) 2. and the total sentence length of the adjusted sentence is greater than the maximum sentence length that the offender could have received if the change in law or procedure had been applicable when the inmate was originally sentenced, the earned release review commission may reduce the length of the term of extended supervision so that the total sentence length does not exceed the maximum sentence length that the offender could have received if the change in law or procedure had been applicable when the inmate was originally sentenced.

SB40-SSA1-SA1,285,6 b. If the earned release review commission adjusts a sentence under subd. 1. on the basis of a change in law or procedure as provided under par. (bn) 2. and the adjusted term of extended supervision is greater than the maximum term of extended supervision that the offender could have received if the change in law or procedure had been applicable when the inmate was originally sentenced, the earned release review commission may reduce the length of the term of extended supervision so that the term of extended supervision does not exceed the maximum term of extended supervision that the offender could have received if the change in law or procedure had been applicable when the inmate was originally sentenced.

SB40-SSA1-SA1, s. 3191 Section 3191. 304.06 (1) (bu) of the statutes is created to read:

SB40-SSA1-SA1,285,10 304.06 (1) (bu) An inmate who is sentenced under s. 973.01 for a Class F to Class I felony may submit only one petition under this subsection for each sentence imposed under s. 973.01.

SB40-SSA1-SA1, s. 3192 Section 3192. 304.06 (1) (c) (intro.) of the statutes is amended to read:

SB40-SSA1-SA1,285,15 304.06 (1) (c) (intro.) If an inmate applies for parole , release to extended supervision, or termination of extended supervision under this subsection, the parole earned release review commission shall make a reasonable attempt to notify the following, if they can be found, in accordance with par. (d):