2009 Wisconsin Act 28

28,2667 Section 2667. 301.046 (4) (a) 1. of the statutes is amended to read:

301.046 (4) (a) 1. "Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.

28,2668 Section 2668. 301.048 (2) (am) 3. of the statutes is amended to read:

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).

28,2669 Section 2669. 301.048 (4m) (a) 1. of the statutes is amended to read:

301.048 (4m) (a) 1. "Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.

28,2669h Section 2669h. 301.068 of the statutes is created to read:

301.068 Community services to reduce recidivism. (1) The department shall establish community services that have the goals of increasing public safety, reducing the risk that offenders on community supervision will reoffend, and reducing by 25 percent between the fiscal years 2007-08 and 2010-11 the recidivism rate of persons who are on probation, parole, or extended supervision following a felony conviction. In establishing community services under this section, the department shall consider the capacity of existing services and any needs that are not met by existing services.

(2) The community services to reduce recidivism under sub. (1) shall include all of the following:

(a) Alcohol and other drug treatment, including residential treatment, outpatient treatment, and aftercare.

(b) Cognitive group intervention.

(c) Day reporting centers.

(d) Treatment and services that evidence has shown to be successful and to reduce recidivism.

(3) The department shall ensure that community services established under sub. (1) meet all of the following conditions:

(a) The community services target offenders at a medium or high risk for revocation or recidivism as determined by valid, reliable, and objective risk assessment instruments that the department has approved.

(b) The community services provide offenders with necessary supervision and services that improve their opportunity to complete their terms of probation, parole, or extended supervision. The community services may include employment training and placement, educational assistance, transportation, and housing. The community services shall focus on mitigating offender attributes and factors that are likely to lead to criminal behavior.

(c) The community services use a system of intermediate sanctions on offenders for violations.

(d) The community services are based upon assessments of offenders using valid, reliable, and objective instruments that the department has approved.

(4) The department shall develop a system for monitoring offenders receiving community services under this section that evaluates how effective the services are in decreasing the rates of arrest, conviction, and imprisonment of the offenders receiving the services.

(5) The department shall provide to probation, extended supervision, and parole agents training and skill development in reducing offenders' risk of reoffending and intervention techniques and shall by rule set forth requirements for the training and skill development. The department shall develop policies to guide probation, extended supervision, and parole agents in the supervision and revocation of offenders on probation, extended supervision, and parole and develop practices regarding alternatives to revocation of probation, extended supervision, or parole.

(6) The department shall annually submit a report to the governor, the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3), and the director of state courts. The report shall set forth the scope of the community services established under sub. (1); the number of arrests of, convictions of, and prison sentences imposed on offenders receiving the community services under this section; and the progress toward the 25 percent recidivism reduction goal under sub. (1) and any adjustment that will be made to reach that goal .

28,2669k Section 2669k. 301.095 of the statutes is created to read:

301.095 Council on offender reentry. The council on offender reentry shall do all of the following:

(1) Inform the public as to the time and place of council meetings and, for at least one meeting per year, encourage public participation and receive public input in a means determined by the chairperson.

(2) Coordinate reentry initiatives across the state and research federal grant opportunities to ensure initiatives comply with eligibility requirements for federal grants.

(3) Identify methods to improve collaboration and coordination of offender transition services, including training across agencies and sharing information that will improve the lives of the offenders and the families of offenders.

(4) Establish a means to share data, research, and measurement resources that relate to reentry initiatives.

(5) Identify funding opportunities that should be coordinated across agencies to maximize the use of state and community-based services as the services relate to reentry.

(6) Identify areas in which improved collaboration and coordination of activities and programs would increase effectiveness or efficiency of services.

(7) Promote research and program evaluation that can be coordinated across agencies with an emphasis on research and evaluation practices that are based on evidence of success in treatment and intervention programs.

(8) Identify and review existing reentry policies, programs, and procedures to ensure that each policy, program, and procedure is based on evidence of success in allowing an offender to reenter the community, improves the chances of successful offender reentry into the community, promotes public safety, and reduces recidivism.

(9) Promote collaboration and communication between the department and community organizations that work in offender reentry.

(10) Work to include victims in the reentry process ; facilitate dialogue between a victim and an offender if the victim requests; and promote services for victims, including payments of any restitution and fines by the offenders, safety training, and support and counseling, while the offenders are incarcerated and after the offenders are released.

(11) Annually submit a report to the governor, any relevant state agencies, as identified by the council, and to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) that provides information on all of the following:

(a) The progress of the council's work.

(b) Any impact the council's work has had on recidivism.

(c) The effectiveness of agency coordination and communication.

(d) The implementation of a reentry strategic plan.

(e) Recommendations on legislative initiatives and policy initiatives that are consistent with the duties of the council.

28,2670 Section 2670. 301.12 (14) (a) of the statutes is amended to read:

301.12 (14) (a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17 years of age in residential, nonmedical facilities such as group homes, foster homes, treatment foster homes, residential care centers for children and youth, and juvenile correctional institutions is determined in accordance with the cost-based fee established under s. 301.03 (18). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (2m) or by other 3rd-party benefits, subject to rules which that include formulas governing ability to pay promulgated by the department under s. 301.03 (18). Any liability of the resident not payable by any other person terminates when the resident reaches age 17, unless the liable person has prevented payment by any act or omission.

28,2671 Section 2671. 301.12 (14) (b) of the statutes is amended to read:

301.12 (14) (b) Except as provided in par. (c) and subject to par. (cm), liability of a parent specified in sub. (2) or s. 301.03 (18) for the care and maintenance of the parent's minor child who has been placed by a court order under s. 938.183, 938.355, or 938.357 in a residential, nonmedical facility such as a group home, foster home, treatment foster home, residential care center for children and youth, or juvenile correctional institution shall be determined by the court by using the percentage standard established by the department of children and families under s. 49.22 (9) and by applying the percentage standard in the manner established by the department under par. (g).

28,2671m Section 2671m. 301.185 of the statutes is created to read:

301.185 Pre-release transition facility. (1) The department shall designate the Felmers Chaney Correctional Center in the city of Milwaukee as a pre-release transition facility for inmates who are scheduled to be released to extended supervision or parole not less than 5 months nor more than 12 months prior to the date of the transfer.

(2) The department shall provide at the pre-release transition facility described in sub. (1) programs to assist inmates with reintegration to society and shall assist the inmates in obtaining birth certificates, state identification, social security cards, and driver's licenses, preparing for employment, acquiring transportation to employment sites, achieving a basic level of education, and gaining access to community resources.

28,2672 Section 2672. 301.21 (1m) (c) of the statutes is amended to read:

301.21 (1m) (c) Any hearing to consider parole or whether to grant extended supervision, if the inmate is sentenced under s. 973.01 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.

28,2673 Section 2673. 301.21 (2m) (c) of the statutes is amended to read:

301.21 (2m) (c) Any hearing to consider parole or whether to grant extended supervision, if the prisoner is sentenced under s. 973.01 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.

28,2674d Section 2674d. 301.26 (3) (c) of the statutes is amended to read:

301.26 (3) (c) Within the limits of the appropriations under s. 20.410 (3) (cd) and, (ko), and (o), the department shall allocate funds to each county for services under this section.

28,2675 Section 2675. 301.26 (4) (d) 2. of the statutes is amended to read:

301.26 (4) (d) 2. Beginning on July 1, 2007 2009, and ending on June 30, 2008 2010, the per person daily cost assessment to counties shall be $259 $270 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $259 $270 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $277 $298 for care in a residential care center for children and youth, $165 $190 for care in a group home for children, $67 $72 for care in a foster home, $132 $124 for care in a treatment foster home, $99 $101 for departmental corrective sanctions services, and $35 $40 for departmental aftercare services.

28,2676 Section 2676 . 301.26 (4) (d) 2. of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

301.26 (4) (d) 2. Beginning on July 1, 2009 January 1, 2010, and ending on June 30, 2010, the per person daily cost assessment to counties shall be $270 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $270 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $298 for care in a residential care center for children and youth, $190 for care in a group home for children, $72 for care in a foster home, $124 for care in a treatment foster home under rules promulgated under s. 48.62 (8) (c), $101 for departmental corrective sanctions services, and $40 for departmental aftercare services.

28,2677 Section 2677. 301.26 (4) (d) 3. of the statutes is amended to read:

301.26 (4) (d) 3. Beginning on July 1, 2008 2010, and ending on June 30, 2009 2011, the per person daily cost assessment to counties shall be $268 $275 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $268 $275 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $296 $313 for care in a residential care center for children and youth, $172 $200 for care in a group home for children, $74 $75 for care in a foster home, $145 $130 for care in a treatment foster home, $101 $103 for departmental corrective sanctions services, and $37 $41 for departmental aftercare services.

28,2678 Section 2678 . 301.26 (4) (d) 3. of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

301.26 (4) (d) 3. Beginning on July 1, 2010, and ending on June 30, 2011, the per person daily cost assessment to counties shall be $275 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $275 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $313 for care in a residential care center for children and youth, $200 for care in a group home for children, $75 for care in a foster home, $130 for care in a treatment foster home under rules promulgated under s. 48.62 (8) (c), $103 for departmental corrective sanctions services, and $41 for departmental aftercare services.

28,2679 Section 2679. 301.26 (4) (e) of the statutes is amended to read:

301.26 (4) (e) For foster care, treatment foster care, group home care, and institutional child care to delinquent juveniles under ss. 49.19 (10) (d), 938.48 (4) and (14), and 938.52 all payments and deductions made under this subsection and uniform fee collections under s. 301.03 (18) shall be credited to the appropriation account under s. 20.410 (3) (ho).

28,2680 Section 2680. 301.26 (4) (ed) of the statutes is amended to read:

301.26 (4) (ed) For foster care, treatment foster care, group home care, and institutional child care to serious juvenile offenders under ss. 49.19 (10) (d), 938.48 (4) and (14), and 938.52 all uniform fee collections under s. 301.03 (18) shall be credited to the appropriation account under s. 20.410 (3) (ho).

28,2681d Section 2681d. 301.26 (6) (a) of the statutes is amended to read:

301.26 (6) (a) The intent of this subsection is to develop criteria to assist the legislature in allocating funding, excluding funding for base allocations, from the appropriations under s. 20.410 (3) (cd) and, (ko), and (o) for purposes described in this section.

28,2682d Section 2682d. 301.26 (7) (intro.) of the statutes is amended to read:

301.26 (7) Allocations of funds. (intro.) Within the limits of the availability of federal funds and of the appropriations under s. 20.410 (3) (cd) and, (ko), and (o), the department shall allocate funds for community youth and family aids for the period beginning on July 1, 2007 2009, and ending on June 30, 2009 2011, as provided in this subsection to county departments under ss. 46.215, 46.22, and 46.23 as follows:

28,2683d Section 2683d. 301.26 (7) (a) (intro.) of the statutes is amended to read:

301.26 (7) (a) (intro.) For community youth and family aids under this section, amounts not to exceed $49,395,100 $50,395,100 for the last 6 months of 2007, $99,790,200 for 2008, 2009, $100,790,200 for 2010, and $50,395,100 for the first 6 months of 2009 2011.

28,2684 Section 2684. 301.26 (7) (b) (intro.) of the statutes is amended to read:

301.26 (7) (b) (intro.) Of the amounts specified in par. (a), the department shall allocate $2,000,000 for the last 6 months of 2007 2009, $4,000,000 for 2008 2010, and $2,000,000 for the first 6 months of 2009 2011 to counties based on each of the following factors weighted equally:

28,2685 Section 2685. 301.26 (7) (bm) of the statutes is amended to read:

301.26 (7) (bm) Of the amounts specified in par. (a), the department shall allocate $5,250,000 $6,250,000 for the last 6 months of 2007, $11,500,000 for 2008 2009, $12,500,000 for 2010, and $6,250,000 for the first 6 months of 2009 2011 to counties based on each county's proportion of the number of juveniles statewide who are placed in a juvenile correctional facility during the most recent 3-year period for which that information is available.

28,2686 Section 2686. 301.26 (7) (c) of the statutes is amended to read:

301.26 (7) (c) Of the amounts specified in par. (a), the department shall allocate $1,053,200 for the last 6 months of 2007 2009, $2,106,500 for 2008 2010, and $1,053,300 for the first 6 months of 2009 2011 to counties based on each of the factors specified in par. (b) 1. to 3. weighted equally, except that no county may receive an allocation under this paragraph that is less than 93% nor more than 115% of the amount that the county would have received under this paragraph if the allocation had been distributed only on the basis of the factor specified in par. (b) 3.

28,2687 Section 2687. 301.26 (7) (e) of the statutes is amended to read:

301.26 (7) (e) For emergencies related to community youth and family aids under this section, amounts not to exceed $125,000 for the last 6 months of 2007 2009, $250,000 for 2008 2010, and $125,000 for the first 6 months of 2009 2011. A county is eligible for payments under this paragraph only if it has a population of not more than 45,000.

28,2688 Section 2688. 301.26 (7) (h) of the statutes is amended to read:

301.26 (7) (h) For counties that are participating in the corrective sanctions program under s. 938.533 (2), $1,062,400 in the last 6 months of 2007 2009, $2,124,800 in 2008 2010, and $1,062,400 in the first 6 months of 2009 2011 for the provision of corrective sanctions services for juveniles from that county. In distributing funds to counties under this paragraph, the department shall determine a county's distribution by dividing the amount allocated under this paragraph by the number of slots authorized for the program under s. 938.533 (2) and multiplying the quotient by the number of slots allocated to that county by agreement between the department and the county. The department may transfer funds among counties as necessary to distribute funds based on the number of slots allocated to each county.

28,2689 Section 2689. 301.26 (8) of the statutes is amended to read:

301.26 (8) Alcohol and other drug abuse treatment. From the amount of the allocations specified in sub. (7) (a), the department shall allocate $666,700 in the last 6 months of 2007 2009, $1,333,400 in 2008 2010, and $666,700 in the first 6 months of 2009 2011 for alcohol and other drug abuse treatment programs.

28,2690 Section 2690. 301.38 (1) (a) of the statutes is amended to read:

301.38 (1) (a) "Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.

28,2691 Section 2691. 301.46 (3) (a) 1. of the statutes is amended to read:

301.46 (3) (a) 1. "Member of the family" means spouse, domestic partner under ch. 770, child, parent, sibling or legal guardian.

28,2692 Section 2692. 301.46 (4) (a) 6. of the statutes is amended to read:

301.46 (4) (a) 6. A foster home or treatment foster home licensed under s. 48.62.

28,2693 Section 2693. 301.48 (1) (d) of the statutes is amended to read: