Other courts and procedure
Under current law, if a court has reason to doubt the competency of a defendant in a criminal case, the court may require DOC to examine the defendant to determine whether the person is competent to proceed to trial. If DOC determines that the person is not competent, but may attain competency with treatment, the court is required to suspend the criminal proceedings and commit the defendant to the custody of DHFS for placement in an appropriate mental health institution for up to 12 months, or for the maximum sentence specified for the most serious offense with which the defendant is charged, whichever is less.
Under the bill, a defendant who is deemed incompetent may, as determined by DHFS, be treated in a mental health institution or may receive treatment in a jail or a locked unit of a facility.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.435 (2) (bj) of the statutes is amended to read:
20.435 (2) (bj) Competency examinations and conditional and supervised release services. Biennially, the amounts in the schedule for outpatient competency examinations and treatment services; and for payment by the department of costs for treatment and services for persons released under s. 980.06 (2) (c), 1997 stats., s. 980.08 (5), 2003 stats., or s. 971.17 (3) (d) or (4) (e) or 980.08 (4) (g), for which the department has contracted with county departments under s. 51.42 (3) (aw) 1. d., with other public agencies, or with private agencies to provide the treatment and services.
SECTION 2. 971.14 (3) (d) of the statutes is amended to read:
971.14 (3) (d) If the examiner reports that the defendant lacks competency, the examiner's opinion regarding the likelihood that the defendant, if provided treatment, may be restored to competency within the time period permitted under sub. (5) (a). The examiner shall provide an opinion as to whether the individual's treatment should occur in an inpatient facility designated by the department of health and family services, or should be conducted in a jail or locked unit of a facility, as a condition of bail or bond.
SECTION 3. 971.14 (5) (a) of the statutes is amended to read:
971.14 (5) (a) If the court determines that the defendant is not competent but is likely to become competent within the period specified in this paragraph if provided with appropriate treatment, the court shall suspend the proceedings and commit the defendant to the custody of the department of health and family services for placement in an appropriate institution. The department of health and family services shall determine whether treatment shall occur in an institution, or in a community-based treatment conducted in a jail or a locked unit of a facility, as a condition of bail or bond, and the defendant shall be placed as appropriate for a period of time not to exceed 12 months, or the maximum sentence specified for the most serious offense with which the defendant is charged, whichever is less. Days spent in commitment under this paragraph are considered days spent in custody under s. 973.155.
SECTION 4. 971.14 (5) (b) of the statutes is amended to read:
971.14 (5) (b) The defendant shall be periodically reexamined by the treatment facility department of health and family services examiners. Written reports of examination shall be furnished to the court 3 months after commitment, 6 months after commitment, 9 months after commitment and within 30 days prior to the expiration of commitment. Each report shall indicate either that the defendant has become competent, that the defendant remains incompetent but that attainment of competency is likely within the remaining commitment period, or that the defendant has not made such progress that attainment of competency is likely within the remaining commitment period. Any report indicating such a lack of sufficient progress shall include the examiner's opinion regarding whether the defendant is mentally ill, alcoholic, drug dependent, developmentally disabled or infirm because of aging or other like incapacities.
SECTION 5. 971.14 (5) (c) of the statutes is amended to read:
971.14 (5) (c) Upon receiving a report under par. (b), indicating the defendant has regained competency or is not competent and unlikely to become competent in the remaining commitment period, the court shall hold a hearing within 14 days of receipt of the report and the court shall proceed under sub. (4). If the court determines that the defendant has become competent, the defendant shall be discharged from commitment and the criminal proceeding shall be resumed. If the court determines that the defendant is making sufficient progress toward becoming competent, the commitment shall continue.
(End)
LRB-1083LRB-1083/1
CTS:wlj:jf
2007 - 2008 LEGISLATURE
DOA:......Griffin, BB0218 - WHEDA surplus transfer for housing grants and loans
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Commerce and economic development
Economic development
Under current law, WHEDA maintains a surplus fund, which generally consists of assets that are not required to pay the cost of issuing bonds or notes, to make loans, or to honor agreements with bondholders and noteholders.
This bill requires WHEDA to make a payment of $2,000,000 to the Department of Commerce from WHEDA's surplus fund in fiscal year 2007-08 and another $2,000,000 payment in fiscal year 2008-09. The payments fund housing cost grants and loans and grants to local housing organizations made by the Department of Commerce.
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. 20.143 (2) (gm) of the statutes is created to read:
20.143 (2) (gm) Housing grants and loans; surplus transfer. Biennially, the amounts in the schedule for grants and loans under s. 560.9803 and for grants under s. 560.9805. All moneys received from the Wisconsin Housing and Economic Development Authority under s. 234.165 (3) shall be credited to this appropriation account.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 20.143 (2) (gm) of the statutes, as created by 2007 Wisconsin Act .... (this act), is repealed.
SECTION 3. 234.165 (2) (c) (intro.) of the statutes, as affected by 2005 Wisconsin Act 25, is amended to read:
234.165 (2) (c) (intro.) Surplus Except as provided in sub. (3), surplus may be expended or encumbered only in accordance with the plan approved under par. (b), except that the authority may transfer from one plan category to another:
SECTION 4. 234.165 (2) (c) (intro.) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:
234.165 (2) (c) (intro.) Except as provided in sub. (3), surplus Surplus may be expended or encumbered only in accordance with the plan approved under par. (b), except that the authority may transfer from one plan category to another:
SECTION 5. 234.165 (3) of the statutes is created to read:
234.165 (3) For the purpose of housing grants and loans under s. 560.9803 and housing grants under s. 560.9805, in fiscal year 2007-08 the authority shall transfer to the department of commerce $2,000,000 of its actual surplus under this section and in fiscal year 2008-09 the authority shall transfer to the department of commerce $2,000,000 of its actual surplus under this section.
SECTION 6. 234.165 (3) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is repealed.
SECTION 9108. Nonstatutory provisions; Commerce.
(1) BUDGET INFORMATION; SURPLUS TRANSFER. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for the purposes of the 2009-11 biennial budget bill, the department of commerce shall submit a dollar amount for the appropriation under section 20.143 (2) (b) of the statutes as though the amount appropriated to the department of commerce in fiscal year 2008-09 under section 20.143 (2) (b) of the statutes is $2,000,000.
SECTION 9408. Effective dates; Commerce.
(1) APPROPRIATION REPEAL. The repeal of section 20.143 (2) (gm) of the statutes takes effect on June 30, 2009.
SECTION 9424. Effective dates; Housing and Economic Development Authority.
(1) SURPLUS TRANSFER. The treatment of section 234.165 (2) (c) (intro.) (by SECTION 4) of the statutes and the repeal of section 234.165 (3) of the statutes take effect on June 30, 2009.
(End)
LRB-1085LRB-1085/1
DAK:lmk:rs
2007 - 2008 LEGISLATURE
DOA:......Milioto, BB0216 - Fee increases for C-BRFs and Adult Family Homes
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Health
Currently, certain adult family homes (those in which three or four adults who are not related to the operator reside and receive care) are licensed by DHFS or by county departments of human services, social services, developmental disabilities services, or community programs. The biennial license fee for such an adult family home is $135. Also currently, community-based residential facilities are licensed by DHFS; the biennial license fee for a community-based residential facility is $306, plus a biennial fee of $39.60 for each resident the community-based residential facility is licensed to serve.
This bill requires that, after March 31, 2008, the amounts of the biennial fees for licensed adult family homes and community-based residential facilities shall be established in rules required to be promulgated by DHFS.
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. 50.033 (2) of the statutes is amended to read:
50.033 (2) Standards for operation of licensed adult family homes and procedures for application for licensure, monitoring, inspection, revocation and appeal of revocation under this section shall be under rules promulgated by the department under s. 50.02 (2) (am) 2. An adult family home licensure is valid until revoked under this section. Licensure is not transferable. The biennial licensure fee for a licensed adult family home is $135, except that, after March 31, 2008, the biennial fee for a licensed adult family home shall be the amount that the department shall establish by rule. The fee is payable to the county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437, if the county department licenses the adult family home under sub. (1m) (b), and is payable to the department, on a schedule determined by the department if the department licenses the adult family home under sub. (1m) (b).
SECTION 2. 50.037 (2) (a) of the statutes is amended to read:
50.037 (2) (a) The biennial fee for a community-based residential facility is $306, plus a biennial fee of $39.60 per resident, based on the number of residents that the facility is licensed to serve, except that, after March 31, 2008, the biennial fee for a community-based residential facility, including any fee for a resident, shall be the amount that the department shall establish by rule.
SECTION 9121. Nonstatutory provisions; Health and Family Services.
(1) LICENSED ADULT FAMILY HOME FEES; RULES. The department of health and family services shall submit in proper form the rules required under section 50.033 (2) of the statutes, as affected by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than November 1, 2007.
(2) COMMUNITY-BASED RESIDENTIAL FACILITY FEES; RULES. The department of health and family services shall submit in proper form the rules required under section 50.037 (2) (a) of the statutes, as affected by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than November 1, 2007.
(End)
LRB-1113LRB-1113/2
RCT:kjf:rs
2007 - 2008 LEGISLATURE
DOA:......Miner, BB0220 - Environmental repair tipping fee increase
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Environment
Other environment
Current law imposes an environmental repair fee on solid and hazardous waste disposed of at a waste disposal facility (such as a landfill). This type of fee is often called a tipping fee. The environmental repair fee is 50 cents per ton, except that the fee is lower for mining waste and certain kinds of high-volume industrial waste. The environmental repair fee is deposited into the environmental fund.
This bill increases the environmental repair fee on solid and hazardous waste, other than mining waste and certain kinds of high-volume industrial waste, to $1.60 per ton.
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. 25.46 (7) of the statutes is amended to read:
25.46 (7) The fees imposed under s. 289.67 (1) for environmental management, except that for each ton of waste for which the fee is $1.60 per ton, 75 cents is for nonpoint source water pollution abatement.
SECTION 2. 289.67 (1) (cp) of the statutes is amended to read:
289.67 (1) (cp) Amount of environmental repair fee. Notwithstanding par. (cm) and except as provided under par. (d), the environmental repair fee imposed under par. (a) is 30 50 cents per ton for solid or hazardous waste, other than high-volume industrial waste, disposed of on or after January 1, 1988, but before July 1, 1989, and 50 cents per ton disposed of on or after July 1, 1989 before July 1, 2007, and $1.60 per ton disposed of on or after July 1, 2007.
SECTION 3. 289.67 (1) (h) of the statutes is amended to read:
289.67 (1) (h) Use of environmental repair fee. The fees collected under par. (b) shall be credited to the environmental fund for environmental management.
(End)
LRB-1114LRB-1114/2
RCT:kjf:nwn
2007 - 2008 LEGISLATURE
DOA:......Miner, BB0221 - Environmental repair bonding
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau