2009 Wisconsin Act 28

28,3349 Section 3349 . 943.017 (2m) (a) 1. of the statutes is amended to read:

943.017 (2m) (a) 1. "Family member" means a spouse, child, stepchild, foster child, treatment foster child, parent, sibling, or grandchild.

28,3349g Section 3349g. 943.245 (3m) of the statutes is amended to read:

943.245 (3m) Any recovery under this section shall be reduced by the amount recovered as restitution for the same act under ss. 800.093 and 973.20 or as recompense under s. 969.13 (5) (a) for the same act and by any amount collected in connection with the act and paid to the plaintiff under a deferred prosecution agreement under s. 971.41.

28,3349r Section 3349r. 943.51 (3r) of the statutes is amended to read:

943.51 (3r) Any recovery under this section shall be reduced by the amount recovered as restitution for the same act under ss. 800.093 and 973.20 or as recompense under s. 969.13 (5) (a) for the same act.

28,3350 Section 3350. 946.13 (2) (g) of the statutes is amended to read:

946.13 (2) (g) Contracts with, or tax credits or payments received by, public officers or employees for wildlife damage claims or abatement under s. 29.889, for farmland preservation under s. 91.13, 2007 stats., or s. 91.60 or subch. IX of ch. 71 and s. 91.13, soil and water resource management under s. 92.14, soil erosion control under s. 92.10, 1985 stats., animal waste management under s. 92.15, 1985 stats., and nonpoint source water pollution abatement under s. 281.65.

28,3350d Section 3350d. 946.13 (12) (b) 2. a. of the statutes is amended to read:

946.13 (12) (b) 2. a. The contract together with all other contracts between the same parties require less than $75,000 $250,000 in payments over a 24 month 24-month period.

28,3350m Section 3350m. 946.13 (12) (b) 2. b. of the statutes is repealed and recreated to read:

946.13 (12) (b) 2. b. The University of Wisconsin System submits the contract to the University of Wisconsin Board of Regents and, within 45 days, the University of Wisconsin Board of Regents does not notify the University of Wisconsin System that entering the contract would constitute a violation of sub. (1).

28,3350s Section 3350s. 946.13 (12) (d) of the statutes is repealed.

28,3351 Section 3351. 946.15 of the statutes is amended to read:

946.15 Public and publicly funded construction contracts at less than full rate. (1) Any employer, or any agent or employee of an employer, who induces any person who seeks to be or is employed pursuant to a public contract as defined in s. 66.0901 (1) (c) or who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 66.0904 (4), 103.49 (3), 103.50 (3), or 229.8275 (3) or by a local governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) or 66.0904 (6) to give up, waive , or return any part of the compensation to which that person is entitled under his or her contract of employment or under the prevailing wage rate determination issued by the department or local governmental unit, or who reduces the hourly basic rate of pay normally paid to an employee for work on a project on which a prevailing wage rate determination has not been issued under s. 66.0903 (3) or (6), 66.0904 (4) or (6), 103.49 (3), 103.50 (3), or 229.8275 (3) during a week in which the employee works both on a project on which a prevailing wage rate determination has been issued and on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class I felony.

(2) Any person employed pursuant to a public contract as defined in s. 66.0901 (1) (c) or employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 66.0904 (4), 103.49 (3), 103.50 (3), or 229.8275 (3) or by a local governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) or 66.0904 (6) who gives up, waives, or returns to the employer or agent of the employer any part of the compensation to which the employee is entitled under his or her contract of employment or under the prevailing wage determination issued by the department or local governmental unit, or who gives up any part of the compensation to which he or she is normally entitled for work on a project on which a prevailing wage rate determination has not been issued under s. 66.0903 (3) or (6), 66.0904 (4) or (6), 103.49 (3), 103.50 (3), or 229.8275 (3) during a week in which the person works part-time on a project on which a prevailing wage rate determination has been issued and part-time on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class C misdemeanor.

(3) Any employer or labor organization, or any agent or employee of an employer or labor organization, who induces any person who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 66.0904 (4), 103.49 (3), 103.50 (3), or 229.8275 (3) or by a local governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) or 66.0904 (6) to permit any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from the person's pay is guilty of a Class I felony, unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 276c 3142.

(4) Any person employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 66.0904 (4), 103.49 (3), 103.50 (3), or 229.8275 (3) or by a local governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) or 66.0904 (6) who permits any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from his or her pay is guilty of a Class C misdemeanor, unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 276c 3142.

28,3352 Section 3352. 948.01 (3) of the statutes is amended to read:

948.01 (3) "Person responsible for the child's welfare" includes the child's parent; stepparent; guardian; foster parent; treatment foster parent; an employee of a public or private residential home, institution, or agency; other person legally responsible for the child's welfare in a residential setting; or a person employed by one legally responsible for the child's welfare to exercise temporary control or care for the child.

28,3353 Section 3353. 948.085 (1) of the statutes is amended to read:

948.085 (1) Has sexual contact or sexual intercourse with a child for whom the actor is a foster parent or treatment foster parent.

28,3357 Section 3357. 949.01 (2) of the statutes is amended to read:

949.01 (2) "Dependent" means any spouse, domestic partner under ch. 770, parent, grandparent, stepparent, child, stepchild, adopted child, grandchild, brother, sister, half brother, half sister, or parent of spouse or of domestic partner under ch. 770, of a deceased victim who was wholly or partially dependent upon the victim's income at the time of the victim's death and includes any child of the victim born after the victim's death.

28,3358 Section 3358. 949.06 (1m) (a) of the statutes is amended to read:

949.06 (1m) (a) In this subsection, "family member" means any spouse, domestic partner under ch. 770, parent, grandparent, stepparent, child, stepchild, adopted child, grandchild, foster child, treatment foster child, brother, sister, half brother, half sister, aunt, uncle, nephew, niece, or parent or sibling of spouse or of domestic partner under ch. 770.

28,3359 Section 3359 . 949.06 (1m) (a) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

949.06 (1m) (a) In this subsection, "family member" means any spouse, domestic partner under s. 770.05, parent, grandparent, stepparent, child, stepchild, adopted child, grandchild, foster child, treatment foster child, brother, sister, half brother, half sister, aunt, uncle, nephew, niece, or parent or sibling of spouse or of a domestic partner under ch. 770.

28,3360 Section 3360. 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 or release to extended supervision, as provided under s. 304.06 (1).

28,3360n Section 3360n. 950.04 (1v) (g) of the statutes is amended to read:

950.04 (1v) (g) To have reasonable attempts made to notify the victim of hearings or court proceedings, as provided under ss. 302.113 (9g) (g) 2., 302.114 (6), 938.27 (4m) and (6), 938.273 (2), 971.095 (3) and 972.14 (3) (b).

28,3361 Section 3361. 950.04 (1v) (gm) of the statutes is amended to read:

950.04 (1v) (gm) To have reasonable attempts made to notify the victim of petitions an offender who submits a petition for sentence adjustment as provided under s. 973.195 (1r) (d), an offender who applies for release to extended supervision under s. 302.113 (2) (b), 302.1135, or 304.06 (1), or an offender who applies for a reduction under s. 973.01 (4m).

28,3362 Section 3362. 950.04 (1v) (nt) of the statutes is amended to read:

950.04 (1v) (nt) To attend a hearing on a petition for modification of a bifurcated sentence and provide a statement concerning modification of the bifurcated sentence, as provided under s. 302.113 (9g) (d) 302.1135 (4).

28,3362m Section 3362m. 950.04 (1v) (qm) of the statutes is repealed.

28,3364 Section 3364. 961.41 (5) (c) 1. of the statutes is amended to read:

961.41 (5) (c) 1. The first $850,000 plus two-thirds of all moneys in excess of $1,275,000 collected in each fiscal year from drug surcharges under this subsection shall be credited to the appropriation account under s. 20.435 (6) (5) (gb).

28,3364g Section 3364g. 969.13 (4) of the statutes is amended to read:

969.13 (4) Notice of the order of forfeiture under sub. (1) shall be mailed forthwith by the clerk to the defendant and the defendant's sureties at their last addresses. If the defendant does not appear and surrender to the court within 30 days from the date of the forfeiture and within such period the defendant or the defendant's sureties do not satisfy the court that appearance and surrender by the defendant at the time scheduled for the defendant's appearance was impossible and without the defendant's fault, the court shall upon motion of the district attorney enter judgment for the state against the defendant and any surety for the amount of the bail and costs of the court proceeding. Proceeds Except as provided in sub. (5), proceeds of the judgment shall be paid to the county treasurer. The motion and such notice of motion as the court prescribes may be served on the clerk who shall forthwith mail copies to the defendant and the defendant's sureties at their last addresses.

28,3364m Section 3364m. 969.13 (5) (a) of the statutes is renumbered 969.13 (5) and amended to read:

969.13 (5) A cash deposit made with the clerk pursuant to this chapter The court may order the clerk to hold a cash deposit forfeited under this section for a period of time to be determined by the court. If the defendant is ordered to pay restitution under s. 973.20 during that period for the criminal action, the cash deposit shall be applied first to the payment of any recompense determined under par. (b) and then, if the recompense restitution ordered under s. 973.20 and then, if the restitution is paid in full, to the payment of costs. If any amount of such deposit remains after the payment of costs, it shall be applied to payment of the judgment of forfeiture. The person making the cash deposit shall be given written notice of the requirements of this paragraph subsection.

28,3364r Section 3364r. 969.13 (5) (b) of the statutes is repealed.

28,3374 Section 3374. 971.17 (4m) (a) 2. of the statutes is amended to read:

971.17 (4m) (a) 2. "Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.

28,3375 Section 3375. 971.17 (6m) (a) 2. of the statutes is amended to read:

971.17 (6m) (a) 2. "Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.

28,3376 Section 3376. 971.23 (10) of the statutes is amended to read:

971.23 (10) Payment of copying costs in cases involving indigent defendants. When the state public defender or a private attorney appointed under s. 977.08 requests copies, in any format, of any item that is discoverable under this section, the state public defender shall pay any fee charged for the copies from the appropriation account under s. 20.550 (1) (f). If the person providing copies under this section charges the state public defender a fee for the copies, the fee may not exceed the actual, necessary, and direct cost of providing the copies applicable maximum fee for copies of discoverable materials that is established by rule under s. 977.02 (9).

28,3376p Section 3376p. 973.01 (2) (d) (intro.) of the statutes is repealed and recreated to read:

973.01 (2) (d) Minimum and maximum term of extended supervision. (intro.) Except for a Class B felony, a Class C felony, or a crime described in s. 301.45 (1d) (b), the term of extended supervision may not be less than 25 percent nor more than 75 percent of the length of the term of confinement in prison imposed under par. (b). For a Class B felony, a Class C felony, or a crime described in s. 301.45 (1d) (b), the minimum term of extended supervision may not be less than 25 percent of the term of confinement in prison imposed under par. (b) and the maximum term of extended supervision is subject to whichever of the following limits is applicable:

28,3377 Section 3377. 973.01 (3d) of the statutes is created to read:

973.01 (3d) Positive adjustment time eligibility. (a) The department shall apply to every person serving a sentence imposed under sub. (1) an objective risk assessment instrument supported by research to determine how likely it is that the person will commit another offense.

(b) If the department of corrections determines under par. (a) that the person poses a high risk of reoffending, the person shall be ineligible to earn positive adjustment time under s. 302.113 (2) (b).

(c) This subsection does not apply to a person sentenced on or after the effective date of this paragraph .... [LRB inserts date].

28,3378 Section 3378. 973.01 (4) of the statutes is amended to read:

973.01 (4) No good time; extension 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), or 973.195 (1r), or adjustment under s. 302.113 (2) (b), 302.1135 (6) (a), or 304.06 (1).

28,3378r Section 3378r. 973.01 (4m) of the statutes is created to read:

973.01 (4m) Discharge from extended supervision. (a) The department may discharge a person from extended supervision after he or she has served 2 years of extended supervision if the person has met the conditions of extended supervision and the reduction is in the interests of justice. This subsection does not apply if the court sentences a person for a violation of s. 940.03, 940.06, 940.11 (1), 940.235, 940.302, 940.31 (1), 940.32 (3), 941.21, 946.465, 948.03 (2) (a), or 948.40 (4) (a) or for an offense against an elderly or vulnerable person, as defined in s. 939.22 (20d), an offense related to ethical government, as defined in s. 939.22 (20m), or an offense related to school safety, as defined in s. 939.22 (20s).

(b) The department shall notify the victim of the person, as defined under s. 950.02 (4) (a), of its intent to discharge the person from extended supervision.

(c) The department may promulgate rules under ch. 227 establishing guidelines and criteria for the exercise of discretion under this section.

28,3381 Section 3381. 973.01 (7) of the statutes is amended to read:

973.01 (7) No discharge Discharge. The department of corrections may not shall discharge a person who is serving a bifurcated sentence from custody, control and supervision until when the person has served the entire bifurcated sentence, as modified under sub. (4m) or s. 302.113 (2) (b) or (9h), 302.1135, or 304.06 (1), if applicable.

28,3381m Section 3381m. 973.01 (8) (a) (intro.) of the statutes is amended to read:

973.01 (8) (a) (intro.) When a court imposes a bifurcated sentence under this section, it shall explain , orally and in writing, all of the following to the person being sentenced:

28,3382 Section 3382. 973.01 (8) (a) 2. of the statutes is amended to read:

973.01 (8) (a) 2. The amount of time the person will serve in prison under the term of confinement in prison portion of the sentence, and the date upon which the person is eligible to be released to extended supervision under s. 302.113 (2) (b) or the date upon which the person may apply for release to extended supervision under s. 304.06.

28,3383 Section 3383. 973.01 (8) (a) 3. of the statutes is amended to read:

973.01 (8) (a) 3. The amount of time the person will spend on extended supervision, assuming that the person does not commit any act that results in the extension of the term of confinement in prison under s. 302.113 (3), and the date upon which the person may be eligible for discharge under sub. (4m).

28,3384 Section 3384. 973.015 (title) of the statutes is amended to read:

973.015 (title) Misdemeanors, special Special disposition.

28,3385 Section 3385. 973.015 (1) (a) of the statutes is amended to read:

973.015 (1) (a) Subject to par. (b) and except as provided in par. (c), when a person is under the age of 21 25 at the time of the commission of an offense for which the person has been found guilty in a court for violation of a law for which the maximum penalty is period of imprisonment for one year or less in the county jail is 6 years or less, the court may order at the time of sentencing that the record be expunged upon successful completion of the sentence if the court determines the person will benefit and society will not be harmed by this disposition. This subsection does not apply to information maintained by the department of transportation regarding a conviction that is required to be included in a record kept under s. 343.23 (2) (a).

28,3386 Section 3386. 973.015 (1) (c) of the statutes is created to read:

973.015 (1) (c) No court may order that a record of a conviction for any of the following be expunged:

1. A Class H felony, if the person has, in his or her lifetime, been convicted of a prior felony offense, or if the felony is a violent offense, as defined in s. 301.048 (2) (bm), or is a violation of s. 940.32, 948.03 (2) or (3), or 948.095.

2. A Class I felony, if the person has, in his or her lifetime, been convicted of a prior felony offense, or if the felony is a violent offense, as defined in s. 301.048 (2) (bm), or is a violation of s. 948.23.

28,3386m Section 3386m. 973.017 (2) (a) of the statutes is repealed.

28,3387 Section 3387. 973.017 (6) (a) of the statutes is amended to read:

973.017 (6) (a) In this subsection, "person responsible for the welfare of the child" includes the child's parent, stepparent, guardian, foster parent, or treatment foster parent; an employee of a public or private residential home, institution, or agency; any other person legally responsible for the child's welfare in a residential setting; or a person employed by one who is legally responsible for the child's welfare to exercise temporary control or care for the child.

28,3387m Section 3387m. 973.017 (10) of the statutes is repealed.

28,3387t Section 3387t. 973.031 of the statutes is created to read:

973.031 Risk reduction sentence. Whenever a court imposes a sentence for a felony under s. 973.01, the court may order the person it sentences to serve a risk reduction sentence if the court determines that a risk reduction sentence is appropriate and the person agrees to cooperate in an assessment of his or her criminogenic factors and his or her risk of reoffending, and to participate in programming or treatment the department develops for the person under s. 302.042 (1). This section does not apply if the court sentences a person for a violation of s. 940.03, 940.06, 940.11 (1), 940.235, 940.302, 940.31 (1), 940.32 (3), 941.21, 946.465, 948.03 (2) (a), or 948.40 (4) (a) or for a felony murder under s. 940.03, an offense against an elderly or vulnerable person, as defined in s. 939.22 (20d), an offense related to ethical government, as defined in s. 939.22 (20m), or an offense related to school safety, as defined in s. 939.22 (20s).

28,3388 Section 3388. 973.045 (1) (a) of the statutes is amended to read:

973.045 (1) (a) For each misdemeanor offense or count, $60 $67.

28,3389 Section 3389. 973.045 (1) (b) of the statutes is amended to read:

973.045 (1) (b) For each felony offense or count, $85 $92.

28,3390 Section 3390. 973.045 (1r) (a) 2. of the statutes is amended to read: