302.113 (9g) (h) An inmate may appeal a court's The department's decision to deny the inmate's petition for modification of his or her bifurcated sentence. The state may appeal a court's decision to grant an inmate's petition for a modification of the inmate's bifurcated sentence under par. (e) may be appealed under s. 227.52. In an appeal under this paragraph, the appellate court may reverse a decision granting or denying a petition for modification of a bifurcated sentence only if it determines that the sentencing court department erroneously exercised its discretion in granting or denying the petition.
SECTION 8. 302.113 (9g) (i) of the statutes is amended to read:
302.113 (9g) (i) If the program review committee denies an inmate's petition under par. (cm), the inmate may not file another petition within one year after the date of the program review committee's denial. If the program review committee approves an inmate's petition for referral to the sentencing court department under par. (cm) but the sentencing court department denies the petition, the inmate may not file another petition under par. (cm) within one year after the date of the court's department's decision.
SECTION 9. 302.113 (9g) (j) of the statutes is amended to read:
302.113 (9g) (j) An inmate eligible to seek modification of his or her bifurcated sentence under this subsection has a right to be represented by counsel in proceedings under this subsection. An inmate, or the department on the inmate's behalf, may apply to the state public defender for determination of indigency and appointment of counsel under s. 977.05 (4) (jm) before or after the filing of a petition with the program review committee under par. (c). If an inmate whose petition has been referred to the court department under par. (cm) is without counsel, the court department shall refer the matter to the state public defender for determination of indigency and appointment of counsel under s. 977.05 (4) (jm).
SECTION 10. 302.113 (9h) of the statutes is created to read:
302.113 (9h) (a) The department may release to extended supervision certain persons serving the confinement portion of a bifurcated sentence using the sentence modification procedure described in this subsection.
(b) The department shall promulgate rules for the determination of whether a bifurcated sentence should be modified under this subsection.
(c) A person who is serving the confinement portion of a bifurcated sentence is eligible for sentence modification under this subsection if all of the following conditions are met:
1. The person is not serving the confinement portion of a bifurcated sentence following a conviction for a felony assaultive crime.
2. The prison social worker or extended supervision agent of record has reason to believe that the person will be able to maintain himself or herself while not confined without engaging in assaultive activity.
3. The release to extended supervision date is not more than 12 months before the person's extended supervision eligibility date.
(d) If the conditions under pars. (b) and (c) are met, the department may modify, in the manner specified under par. (e), the sentence of any person by releasing him or her to extended supervision under this subsection, and, if the department releases the person to extended supervision, the department shall:
1. Notify the office of the court that participated in the trial or that accepted the person's plea of guilty or no contest, whichever is applicable.
2. Notify the office of the district attorney that participated in the trial of the person or that prepared for proceedings under s. 971.08 regarding the person's plea of guilty or no contest, whichever is applicable.
(e) The department may modify a person's bifurcated sentence under this subsection only as follows:
1. The department shall reduce the term of confinement in prison portion of the person's bifurcated sentence in a manner that provides for the release of the person to extended supervision within 30 days after the date on which the department modifies the bifurcated sentence.
2. The department shall lengthen the term of extended supervision imposed so that the total length of the bifurcated sentence originally imposed does not change.
SECTION 11. 801.50 (5) of the statutes is amended to read:
801.50 (5) Venue of an action for certiorari to review a probation, extended supervision, or parole revocation, a denial by a program review committee under s. 302.113 (9g) of a petition for modification of a bifurcated sentence, a decision by the department of corrections under s. 302.113 (9g) on a petition for modification of a bifurcated sentence, or a refusal of parole shall be the county in which the relator was last convicted of an offense for which the relator was on probation, extended supervision, or parole or for which the relator is currently incarcerated.
SECTION 12. 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 department modification of the bifurcated sentence, as provided under s. 302.113 (9g) (d).
SECTION 13. 977.05 (4) (jm) of the statutes is amended to read:
977.05 (4) (jm) At the request of an inmate determined by the state public defender to be indigent or upon referral of a court the department of corrections under s. 302.113 (9g) (j), represent the inmate in proceedings for modification of a bifurcated sentence under s. 302.113 (9g) before a program review committee and the sentencing court department of corrections, if the state public defender determines the case should be pursued.
SECTION 9311. Initial applicability; Corrections.
(1) RELEASE TO EXTENDED SUPERVISION FOR MEDICAL REASONS BY DEPARTMENT OF CORRECTIONS. The treatment of sections 302.113 (9g) (cm), (d), (e), (f), (g) 2. and 3., (h), (i), and (j), 801.50 (5), 911.01 (4) (c) (as it relates to an appeal under s. 302.113 (9g) (h)), 950.04 (1v) (nt), and 977.05 (4) (jm) of the statutes first applies to petitions not referred by the program review committee on the effective date of this subsection.
(End)
LRB-1059LRB-1059/4
PJK:kjf&nwn:jf
2009 - 2010 LEGISLATURE
DOA:......Grimsrud, BB0249 - Streamlining Wisconsin Works
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Health and human services
Wisconsin Works
The Wisconsin Works (W-2) program under current law provides work experience and benefits for low-income custodial parents who are at least 18 years old, as well as job search assistance to noncustodial parents who are required to pay child support, to minor custodial parents, and to pregnant women who are not custodial parents. W-2 is administered, generally, by W-2 agencies under contracts with DCF. This bill makes a number of miscellaneous changes to W-2, including the following:
1. Eliminating the limits on the lengths of time during which a participant may participate in a particular type of employment position, but retaining the overall lifetime limit for participation of 60 months.
2. Removing the specifications on the number of hours a participant in a community service job placement or a transitional placement may be required to engage in certain job-related activities and in educational or training activities but retaining an overall requirement of not more than 40 per week.
3. Requiring use of a single method, as provided under federal law, for measuring the 60-month lifetime limit for an individual's participation in W-2.
4. Requiring DCF to specify guidelines for determining when a participant is demonstrating a refusal to participate, which could result in a reduced benefit amount or ineligibility to participate in a particular employment position.
5. Providing that a W-2 participant who refuses to participate is ineligible for W-2 for three months. Under current law, a W-2 participant who refuses to participate three times is ineligible to participate in that employment position.
6. Eliminating the Learnfare program, which subjected individuals who failed to meet certain school attendance requirements to sanctions determined by rule, and the requirement that a W-2 agency establish a community steering committee, and instead requiring W-2 agencies to provide information and services aimed at connecting W-2 participants, youth, and parents with their communities, their schools, employers, workforce development programs, child care providers, and other resources.
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. 15.207 (24) (a) 7. of the statutes is amended to read:
15.207 (24) (a) 7. Subject to par. (d), two members who are nominated by a children's services network established the Wisconsin Works agency or agencies in Milwaukee County under s. 49.143 (2) (b) and who are residents of the a geographical area established under s. 49.143 (6) that is served by the children's services network in Milwaukee County.
SECTION 2. 15.207 (24) (d) of the statutes is amended to read:
15.207 (24) (d) If the department of children and families establishes more than one geographical area in Milwaukee County under s. 49.143 (6), the children's services networks established Wisconsin Works agency or agencies in Milwaukee County under s. 49.143 (2) (b), in nominating members under par. (a) 7., shall nominate residents of different geographical areas established under s. 49.143 (6) and, when the term of a member appointed under par. (a) 7. ends or if a vacancy occurs in the membership of the council under par. (a) 7., those children's services networks the Wisconsin Works agency or agencies shall nominate a resident of a different geographical area established under s. 49.143 (6) from the geographical area of the member who is being replaced according to a rotating order of succession determined by the children's services networks Wisconsin Works agency or agencies.
SECTION 3. 20.437 (2) (dz) of the statutes is amended to read:
20.437 (2) (dz) Temporary Assistance for Needy Families programs; maintenance of effort. The amounts in the schedule, less the amounts withheld under s. 49.143 (3), for administration and benefit payments under Wisconsin Works under ss. 49.141 to 49.161, the learnfare program under s. 49.26, and the work experience program for noncustodial parents under s. 49.36; for payments to local governments, organizations, tribal governing bodies, and Wisconsin Works agencies; and for emergency assistance for families with needy children under s. 49.138. Payments may be made from this appropriation account for any contracts under s. 49.845 (4) and for any fraud investigation and error reduction activities under s. 49.197 (1m). Moneys appropriated under this paragraph may be used to match federal funds received under par. (md). Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department may transfer funds between fiscal years under this paragraph. Notwithstanding ss. 20.001 (3) and 20.002 (1), the department of health services shall credit or deposit into to this appropriation account funds for the purposes of this appropriation that the department transfers from the appropriation account under s. 20.435 (7) (5) (bc). All funds allocated by the department but not encumbered by December 31 of each year lapse to the general fund on the next January 1 unless transferred to the next calendar year by the joint committee on finance.
SECTION 4. 20.437 (2) (dz) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:
20.437 (2) (dz) Temporary Assistance for Needy Families programs; maintenance of effort. The amounts in the schedule, less the amounts withheld under s. 49.143 (3), for administration and benefit payments under Wisconsin Works under ss. 49.141 to 49.161, the learnfare program under s. 49.26, and the work experience program for noncustodial parents under s. 49.36; for payments to local governments, organizations, tribal governing bodies, and Wisconsin Works agencies; and for emergency assistance for families with needy children under s. 49.138. Payments may be made from this appropriation account for any contracts under s. 49.845 (4) and for any fraud investigation and error reduction activities under s. 49.197 (1m). Moneys appropriated under this paragraph may be used to match federal funds received under par. (md). Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department may transfer funds between fiscal years under this paragraph. Notwithstanding ss. 20.001 (3) and 20.002 (1), the department of health services shall credit to this appropriation account funds for the purposes of this appropriation that the department transfers from the appropriation account under s. 20.435 (5) (bc). All funds allocated by the department but not encumbered by December 31 of each year lapse to the general fund on the next January 1 unless transferred to the next calendar year by the joint committee on finance.
****NOTE: This is reconciled s. 20.437 (2) (dz). This SECTION has been affected by drafts with the following LRB numbers: LRB-0247/1 and LRB-1059/1.
SECTION 5. 46.215 (1) (j) of the statutes is repealed.
SECTION 6. 46.22 (1) (b) 2. e. of the statutes is repealed.
SECTION 7. 49.143 (2) (a) of the statutes is repealed.
SECTION 8. 49.143 (2) (am) of the statutes is created to read:
49.143 (2) (am) Provide information and services aimed at connecting Wisconsin Works applicants and participants with their communities and the resources available, including job creation, employer and job connections, mentorships, child care services and providers, the local workforce investment board, charitable food and clothing centers, subsidized and low-income housing, and transportation subsidies. The contract shall include a description of the information and services the Wisconsin Works agency will provide in fulfillment of the requirement under this paragraph and how the the information and services will be provided to applicants and participants.
SECTION 9. 49.143 (2) (b) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed.
****NOTE: This is reconciled s. 49.143 (2) (b). This SECTION has been affected by drafts with the following LRB numbers: LRB-0394 and LRB-1059.
SECTION 10. 49.143 (2) (bm) of the statutes is created to read:
49.143 (2) (bm) Provide information and services aimed at connecting youth and their parents with schools, career development services, and workforce development programs, including the Youth Apprenticeship Program under s. 106.13 and the Wisconsin Covenant Scholars Program under s. 39.437. The contract shall include a description of the information and services the Wisconsin Works agency will provide in fulfillment of the requirement under this paragraph and how the information and services will be provided to applicants and participants.
SECTION 11. 49.143 (2m) (intro.) of the statutes is amended to read:
49.143 (2m) NUTRITION OUTREACH. (intro.) A Wisconsin works Works agency may establish a nutrition outreach program with the community steering committee established under sub. (2) (a). The Wisconsin works agency and community steering committee and may coordinate with local food pantries and food banks and other interested parties to increase the supply of food available. Under the outreach program, the Wisconsin works Works agency may do anything that it determines would best effect the desired outcome of the program, including any of the following:
SECTION 12. 49.143 (2m) (f) (intro.) of the statutes is amended to read:
49.143 (2m) (f) (intro.) Establish a subcommittee of the community steering committee that includes qualified aliens and that may do any of the following:
SECTION 13. 49.145 (2) (n) 1. (intro.) of the statutes is amended to read:
49.145 (2) (n) 1. (intro.) Except as provided in subd. 4., beginning on the date on which the individual has attained the age of 18, the total number of months in which the individual or any adult member of the individual's Wisconsin works Works group has participated in, or has received benefits under, received assistance under any of the following or any combination of the following does not exceed 60 months the federal time limit established under 42 USC 608 (a) (7), whether or not consecutive:
SECTION 14. 49.145 (2) (n) 1. a. of the statutes is amended to read:
49.145 (2) (n) 1. a. The job opportunities and basic skills program under s. 49.193, 1997 stats. Active participation on or after October 1, 1996, in the job opportunities and basic skills program counts toward the 60-month time limit.
SECTION 15. 49.145 (2) (n) 2. of the statutes is repealed.
SECTION 16. 49.145 (2) (n) 4. (intro.) of the statutes is amended to read:
49.145 (2) (n) 4. (intro.) In calculating the number of months under subds. subd. 1. and 2., a Wisconsin works Works agency shall exclude, to the extent permitted under federal law, any month during which any adult in the Wisconsin works Works group participated in any activity listed under subd. 1. a. to c. while living on a federally recognized American Indian reservation, in an Alaskan Native village or, in Indian country, as defined in 18 USC 1151, occupied by an Indian tribe, if, during that month, all of the following applied:
SECTION 17. 49.147 (3) (c) of the statutes is repealed.
SECTION 18. 49.147 (4) (as) of the statutes is amended to read:
49.147 (4) (as) Required hours. Except as provided in pars. (at) and (av) and sub. (5m), a Wisconsin works Works agency shall require a participant placed in a community service job program to work in a community service job for the number of hours determined by the Wisconsin works Works agency to be appropriate for the participant at the time of application or review, but not to exceed 30 hours per week. Except as provided in pars. (at) and (av), a Wisconsin works agency may require a participant placed in the community service job program to participate in education or training activities for not more than 10 hours per week except that the Wisconsin Works agency may not require a participant under this subsection to spend more than 40 hours per week in combined activities under this subsection.
SECTION 19. 49.147 (4) (at) of the statutes is amended to read:
49.147 (4) (at) Motivational training. A Wisconsin works Works agency may require a participant, during the first 2 weeks of participation under this subsection, to participate in an assessment and motivational training program identified by the community steering committee under s. 49.143 (2) (a) 10. The Wisconsin works Works agency may require not more than 40 hours of participation per week under this paragraph in lieu of the participation requirement under par. (as).
SECTION 20. 49.147 (4) (av) of the statutes is amended to read:
49.147 (4) (av) Education for 18-year-old and 19-year-old students. A Wisconsin works Works agency shall permit a participant under this subsection who has not attained the age of 20 and who has not obtained a high school diploma or a declaration of equivalency of high school graduation to attend high school or, at the option of the participant, to enroll in a course of study meeting the standards established under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation to satisfy, in whole or in part, the required hours of participation requirement under par. (as).
SECTION 21. 49.147 (4) (b) of the statutes is repealed.
SECTION 22. 49.147 (5) (b) 1. (intro.) of the statutes is renumbered 49.147 (5) (b) (intro.).
SECTION 23. 49.147 (5) (b) 1. a. of the statutes is renumbered 49.147 (5) (b) 1m.
SECTION 24. 49.147 (5) (b) 1. c. of the statutes is renumbered 49.147 (5) (b) 2m.
SECTION 25. 49.147 (5) (b) 1. d. of the statutes is renumbered 49.147 (5) (b) 3.
SECTION 26. 49.147 (5) (b) 1. e. of the statutes is renumbered 49.147 (5) (b) 4.
SECTION 27. 49.147 (5) (b) 2. of the statutes is repealed.
SECTION 28. 49.147 (5) (bs) of the statutes is amended to read:
49.147 (5) (bs) Required hours. Except as provided in par. (bt) and sub. (5m), a Wisconsin works Works agency may require a participant placed in a transitional placement to engage in activities under par. (b) 1. for up to 28 hours per week. Except as provided in sub. (5m), a Wisconsin works agency may require a participant placed in a transitional placement to participate in education or training activities under par. (bm) for not more than 12 hours per week. The Wisconsin Works agency may not require a participant under this subsection to spend more than 40 hours per week in combined activities under this subsection.
SECTION 29. 49.147 (5) (bt) of the statutes is amended to read:
49.147 (5) (bt) Motivational training. A Wisconsin works Works agency may require a participant, during the first 2 weeks of participation under this subsection, to participate in an assessment and motivational training program identified by the community steering committee under s. 49.143 (2) (a) 10. The Wisconsin works Works agency may require not more than 40 hours of participation per week under this paragraph in lieu of the participation requirement under par. (bs).
