304.06 (1x) The parole earned release review commission may require as a condition of parole that the person is placed in the intensive sanctions program under s. 301.048. In that case, the person is in the legal custody of the department under that section and is subject to revocation of parole under sub. (3).
SECTION 45. 304.06 (2m) (d) of the statutes is amended to read:
304.06 (2m) (d) The parole earned release review commission or the department shall determine a prisoner's county of residence for the purposes of this subsection by doing all of the following:
1. The parole earned release review commission or the department shall consider residence as the voluntary concurrence of physical presence with intent to remain in a place of fixed habitation and shall consider physical presence as prima facie evidence of intent to remain.
2. The parole earned release review commission or the department shall apply the criteria for consideration of residence and physical presence under subd. 1. to the facts that existed on the date that the prisoner committed the serious sex offense that resulted in the sentence the prisoner is serving.
SECTION 46. 304.071 (1) of the statutes is amended to read:
304.071 (1) The parole earned release review commission may at any time grant a parole or release to extended supervision to any prisoner in any penal institution of this state, or the department may at any time suspend the supervision of any person who is on probation or, parole, or extended supervision to the department, if the prisoner or person on probation or, parole, or extended supervision is eligible for induction into the U.S. armed forces. The suspension of parole, extended supervision, or probation shall be for the duration of his or her service in the armed forces; and the parole, extended supervision, or probation shall again become effective upon his or her discharge from the armed forces in accordance with regulations prescribed by the department. If he or she receives an honorable discharge from the armed forces, the governor may discharge him or her and the discharge has the effect of a pardon. Upon the suspension of parole, extended supervision, or probation by the department, the department shall issue an order setting forth the conditions under which the parole, extended supervision, or probation is suspended, including instructions as to where and when and to whom the paroled person on parole or extended supervision shall report upon discharge from the armed forces.
SECTION 47. 950.04 (1v) (f) of the statutes is amended to read:
950.04 (1v) (f) To have the parole earned release review commission make a reasonable attempt to notify the victim of applications for parole, release to extended supervision, or termination of extended supervision, as provided under s. 304.06 (1).
SECTION 48. 973.01 (4) of the statutes is amended to read:
973.01 (4) NO GOOD TIME; EXTENSION OR REDUCTION OF TERM OF IMPRISONMENT. A person sentenced to a bifurcated sentence under sub. (1) shall serve the term of confinement in prison portion of the sentence without reduction for good behavior. The term of confinement in prison portion is subject to extension under s. 302.113 (3) and, if applicable, to reduction under s. 302.045 (3m), 302.05 (3) (c) 2. a., 302.113 (9g), 304.06 (1) (b), or 973.195 (1r).
SECTION 49. 973.01 (7) of the statutes is amended to read:
973.01 (7) NO DISCHARGE. The department of corrections may not discharge a person who is serving a bifurcated sentence from custody, control and supervision until the person has served the entire bifurcated sentence, except as provided in s. 304.06 (1) (b).
SECTION 50. 973.195 (1g) of the statutes is repealed.
SECTION 51. 973.195 (1r) (a) of the statutes is amended to read:
973.195 (1r) (a) An inmate who is serving a sentence imposed under s. 973.01 for a crime other than a Class B Class C to Class E felony may petition the sentencing court to adjust the sentence if the inmate has served at least the applicable percentage 85 percent of the term of confinement in prison portion of the sentence. If an inmate is subject to more than one sentence imposed under this section, the sentences shall be treated individually for purposes of sentence adjustment under this subsection.
SECTION 52. 973.195 (1r) (d) of the statutes is amended to read:
973.195 (1r) (d) If the sentence for which the inmate seeks adjustment is for an offense under s. 940.225 (2) or (3), 948.02 (2), 948.08, or 948.085, and the district attorney does not object to the petition within 10 days of receiving notice under par. (c), the district attorney shall notify the victim, as defined under s. 950.02 (4), of the inmate's petition. The notice to the victim shall include information on the sentence adjustment petition process under this subsection, including information on how to object to the inmate's petition. If the victim objects to adjustment of the inmate's sentence within 45 days of the date on which the district attorney received notice under par. (c), the court shall deny the inmate's petition.
SECTION 53. 974.07 (4) (b) of the statutes is amended to read:
974.07 (4) (b) Notwithstanding the limitation on the disclosure of mailing addresses from completed information cards submitted by victims under ss. 51.37 (10) (dx), 301.046 (4) (d), 301.048 (4m) (d), 301.38 (4), 302.105 (4), 304.06 (1) (f), 304.063 (4), 938.51 (2), 971.17 (6m) (d), and 980.11 (4), the department of corrections, the parole earned release review commission, and the department of health and family services shall, upon request, assist clerks of court in obtaining information regarding the mailing address of victims for the purpose of sending copies of motions and notices of hearings under par. (a).
SECTION 54. 976.03 (23) (c) of the statutes is amended to read:
976.03 (23) (c) The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by 2 certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to a judge, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The prosecuting officer, parole earned release review commission, warden or sheriff may also attach such further affidavits and other documents in duplicate as he, she or it deems proper to be submitted with the application. One copy of the application, with the action of the governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, information and affidavits, or of the judgment of conviction or of the sentence shall be filed in the office of the governor to remain of record in that office. The other copies of all papers shall be forwarded with the governor's requisition.
(End)
LRB-1406LRB-1406/4
MGG:wlj:rs
2007 - 2008 LEGISLATURE
DOA:......Grinde, BB0276 - Stewardship 2000 program reauthorization
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Natural resources
Other natural resources
Current law authorizes the state to incur public debt by issuing bonds for certain conservation activities under the Warren Knowles-Gaylord Nelson Stewardship 2000 Program (stewardship program), which DNR administers.
Current law grants the state the authority to bond for various conservation purposes under the stewardship program. The state is currently authorized to bond under two of the program's subprograms: the land acquisition subprogram and the property development and local assistance subprogram. Purposes for which bonding under the land acquisition subprogram may be used include land acquisition for habitat and natural areas and land acquisition that preserves or enhances the state's water resources. Bonding under the property development and local acquisition subprogram may generally be used only for nature-based outdoor recreation, as defined in rules promulgated by DNR. Under this subprogram, DNR may award grants or state aid to certain local governmental units, including the Kickapoo Reserve Management Board, and nonprofit conservation organizations to acquire lands or development rights for nature-based, outdoor recreation purposes.
Under current law, the annual limits on bonding are set for each fiscal year, ending in fiscal year 2009-10. The total bonding authority for the stewardship program under current law is $572,000,000.
The bill increases the total bonding authority by $1,050,000,000, and extends the stewardship program for another ten years to fiscal year 2019-20 with the annual bonding authority being $105,000,000 for each of the subsequent ten years. The $105,000,000 in annual bonding authority for each fiscal year is divided between the two subprograms, with the annual bonding authority for the land acquisition subprogram and the local assistance and property development subprogram being $79,000,000 and $26,000,000 respectively.
Within the property development and local assistance subprogram, current law imposes an annual limit of $8,000,000 in bonding authority for the local assistance component. The bill raises this limit to $14,000,000.
The bill also establishes a matching grant program under which counties may be awarded 50 percent of their costs to acquire land for nature-based outdoor recreation. "Nature-based outdoor recreation" is defined by DNR rules to include activities such as hunting, fishing, hiking, bicycling, wildlife observation, and camping.
Finally, the bill requires DNR to set aside from the land acquisition program $14,500,000 in each fiscal year, beginning with fiscal year 2010-11, for matching grants that may be awarded only to nonprofit conservation organizations. Under current law and under the bill, these grants must be used to acquire property or property rights for conservation purposes such as urban green space, habitat areas, and bluff protection. Under current law, the amount of the grant may not exceed 50 percent of the acquisition cost. The bill allows the natural resources board to increase this amount up to 75 percent in certain situations.
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. 20.866 (2) (ta) of the statutes is amended to read:
20.866 (2) (ta) Natural resources; Warren Knowles-Gaylord Nelson stewardship 2000 program. From the capital improvement fund a sum sufficient for the Warren Knowles-Gaylord Nelson stewardship 2000 program under s. 23.0917. The state may contract public debt in an amount not to exceed $572,000,000 $1,622,000,000 for this program. Except as provided in s. 23.0917 (4g) (b), (4m) (k), (5) and (5m), the amounts obligated, as defined in s. 23.0917 (1) (e), under this paragraph may not exceed $46,000,000 in fiscal year 2000-01, may not exceed $46,000,000 in fiscal year 2001-02, and may not exceed $60,000,000 in each fiscal year beginning with fiscal year 2002-03 and ending with fiscal year 2009-10, and may not exceed $105,000,000 in each fiscal year beginning with fiscal year 2010-11 and ending with fiscal year 2019-20.
SECTION 2. 23.09 (19) (d) of the statutes is amended to read:
23.09 (19) (d) Grants Except as provided in s. 23.096 (2m), grants under this subsection shall be for up to 50% of the acquisition costs of the land or the rights in land for the urban green space. The governmental unit is responsible for the remainder of the acquisition costs.
SECTION 3. 23.09 (20) (b) of the statutes is amended to read:
23.09 (20) (b) State Except as provided in s. 23.096 (2m), state aid under this subsection is limited to no more than 50% of the acquisition costs and the development costs of recreation lands and other outdoor recreation facilities. Costs associated with operation and maintenance of parks and other outdoor recreational facilities established under this subsection are not eligible for state aid. Administrative costs of acquiring lands or land rights are not included in the acquisition costs eligible for state aid under this subsection. Title to lands or rights in lands acquired by a municipality under this subsection shall vest in the municipality, but such land shall not be converted to uses inconsistent with this subsection without prior approval of the state and proceeds from the sale or other disposal of such lands shall be used to promote the objectives of this subsection.
SECTION 4. 23.09 (20m) (b) of the statutes is amended to read:
23.09 (20m) (b) The department shall establish a program to award grants from the appropriation under s. 20.866 (2) (ta) to governmental units and nonprofit conservation organizations to acquire development rights in land for nature-based outdoor recreation. The Except as provided s. 23.096 (2m), the grants shall be limited to no more than 50% of the acquisition costs of the development rights.
SECTION 5. 23.0917 (3) (a) of the statutes is amended to read:
23.0917 (3) (a) Beginning with fiscal year 2000-01 and ending with fiscal year 2009-10 2019-20, the department may obligate moneys under the subprogram for land acquisition to acquire land for the purposes specified in s. 23.09 (2) (d) and grants for these purposes under s. 23.096, except as provided under ss. 23.197 (2m), (3m) (b), (7m), and (8) and 23.198 (1) (a).
SECTION 6. 23.0917 (3) (bm) of the statutes is amended to read:
23.0917 (3) (bm) During the period beginning with fiscal year 2001-02 and ending with fiscal year 2009-10 2019-20, in obligating money under the subprogram for land acquisition, the department shall set aside not less than a total of $ 2,000,000 that may be obligated only to provide matching funds for grants awarded to the department for the purchase of land or easements under 16 USC 2103c.
SECTION 7. 23.0917 (3) (br) of the statutes is created to read:
23.0917 (3) (br) Beginning with fiscal year 2010-11 and ending with fiscal year 2019-20, in obligating moneys under the subprogram for land acquisition, the department shall set aside in each fiscal year not less than $14,500,000 that may be obligated only to provide for grants awarded to nonprofit conservation organizations under s. 23.096.
SECTION 8. 23.0917 (3) (dm) 3. of the statutes is created to read:
23.0917 (3) (dm) 3. For each fiscal year beginning with 2010-11 and ending with fiscal year 2019-20, $79,000,000.
SECTION 9. 23.0917 (4) (a) of the statutes is amended to read:
23.0917 (4) (a) Beginning with fiscal year 2000-01 and ending with fiscal year 2009-10 2019-20, the department may obligate moneys under the subprogram for property development and local assistance. Moneys obligated under this subprogram may be only used for nature-based outdoor recreation, except as provided under par. (cm).
SECTION 10. 23.0917 (4) (d) 1. of the statutes is amended to read:
23.0917 (4) (d) 1. The department may obligate not more than $11,500,000 in fiscal year 2000-01 and not more than $11,500,000 in fiscal year 2001-02 under the subprogram except as provided in sub. (5). For each fiscal year beginning with 2002-03 and ending with fiscal year 2009-10, the department may obligate not more than $15,000,000 under the subprogram except as provided in sub. (5). For each fiscal year beginning with 2010-11 and ending with fiscal year 2019-20, the department may obligate not more than $26,000,000 under the subprogram except as provided in sub. (5).
SECTION 11. 23.0917 (4) (d) 2. of the statutes is amended to read:
23.0917 (4) (d) 2. The Beginning with fiscal year 2000-01 and ending with fiscal year 2009-10, the department may obligate not more than $8,000,000 in each fiscal year for local assistance.
SECTION 12. 23.0917 (4) (d) 2m. of the statutes is created to read:
23.0917 (4) (d) 2m. Beginning with fiscal year 2010-11 and ending with fiscal year 2019-20, the department may not obligate more than $14,000,000 in each fiscal year for local assistance.
SECTION 13. 23.0917 (12) of the statutes is amended to read:
23.0917 (12) EXPENDITURES AFTER JUNE 30, 2010 2020. If the remaining bonding authority for a subprogram under sub. (3) or (4) on June 30, 2010 2020, is an amount greater than zero, the department may expend any portion of this remaining bonding authority for that subprogram in one or more subsequent fiscal years.
SECTION 14. 23.092 (1) of the statutes is renumbered 23.092 (1m).
SECTION 15. 23.092 (1b) of the statutes is created to read:
23.092 (1b) In this section, "nonprofit conservation organization" has the meaning given in s. 23.0955 (1).
SECTION 16. 23.092 (2) of the statutes is amended to read:
23.092 (2) For each area designated under sub. (1) (1m), the department shall prepare a plan, based upon the specific qualities of the area designated, that is designed to protect, enhance or restore the habitat in the designated area. After preparation of a plan for a designated area, the department shall encourage landowners to use specific management practices that are designed to implement the plan.
SECTION 17. 23.092 (4) of the statutes is amended to read:
23.092 (4) The department may share the costs of implementing land management practices with landowners, or with nonprofit conservation organizations that are qualified to enhance wildlife-based recreation if these organizations have the landowner's permission to implement the practices. The department may share the costs of acquiring easements for habitat areas with landowners or with these nonprofit conservation organizations. If the funding for cost-sharing under this subsection will be expended from the appropriation under s. 20.866 (2) (ta), the amount expended for the cost-sharing may not exceed 50% of the cost of the management practices or of the acquisition costs for the easement except as provided in s. 23.096 (2m).
SECTION 18. 23.094 (3m) of the statutes is amended to read:
23.094 (3m) LIMITS. A Except as provided in s. 23.096 (2m), a grant under sub. (3g) may not exceed 50% of the acquisition costs for the land or the easement.
SECTION 19. 23.0953 of the statutes is created to read:
23.0953 Grants to counties for land acquisition. (1) In this section, "nature-based outdoor recreation" has the meaning given by the department by rule under s. 23.0917 (4) (f).
(2) Beginning with fiscal year 2010-11 and ending with fiscal year 2019-20, the department shall establish a program from the appropriation under s. 20.866 (2) (ta) to make grants to counties to acquire land for nature-based outdoor recreation. For purposes of s. 23.0917, moneys provided from the appropriation under s. 20.866 (2) (ta) shall be treated as moneys obligated from the subprogram under s. 23.0917 (3).
(3) Each county receiving a grant under this section shall provide matching funds that equal at least 50 percent of the acquisition costs.
(4) A county unit may not convert the land or the rights in the land acquired using grant moneys awarded under this subsection to a use that is inconsistent with the type of nature-based outdoor recreation for which the grant was awarded without the approval of the natural resources board.
SECTION 20. 23.096 (2) (b) of the statutes is amended to read:
23.096 (2) (b) A Except as provided in sub. (2m), a grant awarded under this section may not exceed 50% of the acquisition costs of the property.
SECTION 21. 23.096 (2m) of the statutes is created to read:
23.096 (2m) Notwithstanding sub. (2) (b), in each fiscal year beginning with fiscal year 2010-11 and ending with fiscal year 2019-20, the department may award grants under this section that equal up to 75 percent of the acquisition costs of the property if the natural resources board determines that all of the following apply:
(a) That the property is uniquely valuable in conserving the natural resources of the state.
(b) That delaying or deferring the acquisition until 50 percent of the acquisition costs are procured by the nonprofit conservation organization is not reasonably possible.
(c) That sufficient bonding authority remains in the amount set aside under s. 23.0917 (3) (br) for that fiscal year after awarding grants to nonprofit conservation organizations that meet the matching requirement under sub. (2) (b).
SECTION 22. 23.1985 of the statutes is amended to read:
23.1985 Acquisition of certain public lands. Beginning in fiscal year 2006-07 and ending in fiscal year 2009-10 2019-20, from the appropriation under s. 20.866 (2) (ta), the department shall set aside $2,000,000 in each fiscal year that may be obligated only to acquire land from the board of commissioners of public lands under s. 24.59 (1). If the department sets aside, but does not obligate moneys in a fiscal year under this section, the department may obligate those nonobligated moneys in a subsequent fiscal year under this section in addition to the amounts the department is required to set aside for that subsequent fiscal year. For purposes of s. 23.0917, moneys provided from the appropriation under s. 20.866 (2) (ta) shall be treated as moneys obligated under the subprogram under s. 23.0917 (3).
