AB75, s. 2664 21Section 2664. 292.11 (7) (b) 2. of the statutes is created to read:
AB75,1380,2422 292.11 (7) (b) 2. If the department authorizes reimbursement under subd. 1.
23to be paid over time, it shall require monthly payments of interest, at a rate
24determined by the department, on the unpaid balance of the reimbursement.
AB75, s. 2665 25Section 2665. 292.31 (8) (e) of the statutes is created to read:
AB75,1381,4
1292.31 (8) (e) Interest payment. If the department authorizes an amount that
2the state is entitled to recover under this subsection to be paid over time, it shall
3require monthly payments of interest, at a rate determined by the department, on
4the unpaid balance of that amount.
AB75, s. 2666 5Section 2666. 301.03 (3) of the statutes is amended to read:
AB75,1381,196 301.03 (3) Administer parole, extended supervision , and probation matters,
7except that the decision to grant or deny parole or to grant extended supervision
8under s. 304.06 (1)
to inmates shall be made by the parole earned release review
9commission and the decision to revoke probation, extended supervision or parole in
10cases in which there is no waiver of the right to a hearing shall be made by the
11division of hearings and appeals in the department of administration. The secretary
12may grant special action parole releases under s. 304.02. The department may
13discharge inmates from extended supervision under s. 973.01 (4m) and may modify
14a bifurcated sentence under s. 302.113 (9g) or (9h), and the earned release review
15commission may discharge inmates from extended supervision under s. 973.01 (4r).

16The department shall promulgate rules establishing a drug testing program for
17probationers, parolees and persons placed on extended supervision. The rules shall
18provide for assessment of fees upon probationers, parolees and persons placed on
19extended supervision to partially offset the costs of the program.
AB75, s. 2667 20Section 2667. 301.046 (4) (a) 1. of the statutes is amended to read:
AB75,1381,2221 301.046 (4) (a) 1. "Member of the family" means spouse, domestic partner
22under ch. 770,
child, sibling, parent or legal guardian.
AB75, s. 2668 23Section 2668. 301.048 (2) (am) 3. of the statutes is amended to read:
AB75,1382,3
1301.048 (2) (am) 3. The parole earned release review commission grants him
2or her parole under s. 304.06 and requires his or her participation in the program as
3a condition of parole under s. 304.06 (1x).
AB75, s. 2669 4Section 2669. 301.048 (4m) (a) 1. of the statutes is amended to read:
AB75,1382,65 301.048 (4m) (a) 1. "Member of the family" means spouse, domestic partner
6under ch. 770,
child, sibling, parent or legal guardian.
AB75, s. 2670 7Section 2670. 301.12 (14) (a) of the statutes is amended to read:
AB75,1382,188 301.12 (14) (a) Except as provided in pars. (b) and (c), liability of a person
9specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17
10years of age in residential, nonmedical facilities such as group homes, foster homes,
11treatment foster homes, residential care centers for children and youth, and juvenile
12correctional institutions is determined in accordance with the cost-based fee
13established under s. 301.03 (18). The department shall bill the liable person up to
14any amount of liability not paid by an insurer under s. 632.89 (2) or (2m) or by other
153rd-party benefits, subject to rules which that include formulas governing ability to
16pay promulgated by the department under s. 301.03 (18). Any liability of the resident
17not payable by any other person terminates when the resident reaches age 17, unless
18the liable person has prevented payment by any act or omission.
AB75, s. 2671 19Section 2671. 301.12 (14) (b) of the statutes is amended to read:
AB75,1383,320 301.12 (14) (b) Except as provided in par. (c) and subject to par. (cm), liability
21of a parent specified in sub. (2) or s. 301.03 (18) for the care and maintenance of the
22parent's minor child who has been placed by a court order under s. 938.183, 938.355,
23or 938.357 in a residential, nonmedical facility such as a group home, foster home,
24treatment foster home, residential care center for children and youth, or juvenile
25correctional institution shall be determined by the court by using the percentage

1standard established by the department of children and families under s. 49.22 (9)
2and by applying the percentage standard in the manner established by the
3department under par. (g).
AB75, s. 2672 4Section 2672. 301.21 (1m) (c) of the statutes is amended to read:
AB75,1383,85 301.21 (1m) (c) Any hearing to consider parole or whether to grant extended
6supervision, if the inmate is sentenced under s. 973.01
to which an inmate confined
7under this contract may be entitled by the laws of Wisconsin will be conducted by the
8Wisconsin parole earned release review commission under rules of the department.
AB75, s. 2673 9Section 2673. 301.21 (2m) (c) of the statutes is amended to read:
AB75,1383,1410 301.21 (2m) (c) Any hearing to consider parole or whether to grant extended
11supervision, if the prisoner is sentenced under s. 973.01
to which a prisoner confined
12under a contract under this subsection may be entitled by the laws of Wisconsin shall
13be conducted by the Wisconsin parole earned release review commission under rules
14of the department.
AB75, s. 2674 15Section 2674. 301.26 (3) (c) of the statutes is amended to read:
AB75,1383,1816 301.26 (3) (c) Within the limits of the appropriations under s. 20.410 (1) (kd)
17and
(3) (cd) and (ko), the department shall allocate funds to each county for services
18under this section.
AB75, s. 2675 19Section 2675. 301.26 (4) (d) 2. of the statutes is amended to read:
AB75,1384,220 301.26 (4) (d) 2. Beginning on July 1, 2007 2009, and ending on June 30, 2008
212010, the per person daily cost assessment to counties shall be $259 $270 for care in
22a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $259 $270 for care
23for juveniles transferred from a juvenile correctional institution under s. 51.35 (3),
24$277 $294 for care in a residential care center for children and youth, $165 $190 for
25care in a group home for children, $67 $72 for care in a foster home, $132 $126 for

1care in a treatment foster home, $99 $101 for departmental corrective sanctions
2services, and $35 $40 for departmental aftercare services.
AB75, s. 2676 3Section 2676 . 301.26 (4) (d) 2. of the statutes, as affected by 2009 Wisconsin
4Act .... (this act), is amended to read:
AB75,1384,125 301.26 (4) (d) 2. Beginning on July 1, 2009 January 1, 2010, and ending on June
630, 2010, the per person daily cost assessment to counties shall be $270 for care in
7a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $270 for care for
8juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $294
9for care in a residential care center for children and youth, $190 for care in a group
10home for children, $72 for care in a foster home, $126 for care in a treatment foster
11home under rules promulgated under s. 48.62 (8) (c), $101 for departmental
12corrective sanctions services, and $40 for departmental aftercare services.
AB75, s. 2677 13Section 2677. 301.26 (4) (d) 3. of the statutes is amended to read:
AB75,1384,2114 301.26 (4) (d) 3. Beginning on July 1, 2008 2010, and ending on June 30, 2009
152011, the per person daily cost assessment to counties shall be $268 $275 for care in
16a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $268 $275 for care
17for juveniles transferred from a juvenile correctional institution under s. 51.35 (3),
18$296 $309 for care in a residential care center for children and youth, $172 $200 for
19care in a group home for children, $74 $75 for care in a foster home, $145 $132 for
20care in a treatment foster home, $101 $103 for departmental corrective sanctions
21services, and $37 $41 for departmental aftercare services.
AB75, s. 2678 22Section 2678 . 301.26 (4) (d) 3. of the statutes, as affected by 2009 Wisconsin
23Act .... (this act), is amended to read:
AB75,1385,624 301.26 (4) (d) 3. Beginning on July 1, 2010, and ending on June 30, 2011, the
25per person daily cost assessment to counties shall be $275 for care in a Type 1

1juvenile correctional facility, as defined in s. 938.02 (19), $275 for care for juveniles
2transferred from a juvenile correctional institution under s. 51.35 (3), $309 for care
3in a residential care center for children and youth, $200 for care in a group home for
4children, $75 for care in a foster home, $132 for care in a treatment foster home under
5rules promulgated under s. 48.62 (8) (c)
, $103 for departmental corrective sanctions
6services, and $41 for departmental aftercare services.
AB75, s. 2679 7Section 2679. 301.26 (4) (e) of the statutes is amended to read:
AB75,1385,128 301.26 (4) (e) For foster care, treatment foster care, group home care, and
9institutional child care to delinquent juveniles under ss. 49.19 (10) (d), 938.48 (4) and
10(14), and 938.52 all payments and deductions made under this subsection and
11uniform fee collections under s. 301.03 (18) shall be credited to the appropriation
12account under s. 20.410 (3) (ho).
AB75, s. 2680 13Section 2680. 301.26 (4) (ed) of the statutes is amended to read:
AB75,1385,1714 301.26 (4) (ed) For foster care, treatment foster care, group home care, and
15institutional child care to serious juvenile offenders under ss. 49.19 (10) (d), 938.48
16(4) and (14), and 938.52 all uniform fee collections under s. 301.03 (18) shall be
17credited to the appropriation account under s. 20.410 (3) (ho).
AB75, s. 2681 18Section 2681. 301.26 (6) (a) of the statutes is amended to read:
AB75,1385,2219 301.26 (6) (a) The intent of this subsection is to develop criteria to assist the
20legislature in allocating funding, excluding funding for base allocations, from the
21appropriations under s. 20.410 (1) (kd) and (3) (cd) and (ko) for purposes described
22in this section.
AB75, s. 2682 23Section 2682. 301.26 (7) (intro.) of the statutes is amended to read:
AB75,1386,424 301.26 (7) Allocations of funds. (intro.) Within the limits of the availability
25of federal funds and of the appropriations under s. 20.410 (1) (kd) and (3) (cd) and

1(ko), the department shall allocate funds for community youth and family aids for the
2period beginning on July 1, 2007 2009, and ending on June 30, 2009 2011, as
3provided in this subsection to county departments under ss. 46.215, 46.22, and 46.23
4as follows:
AB75, s. 2683 5Section 2683. 301.26 (7) (a) (intro.) of the statutes is amended to read:
AB75,1386,96 301.26 (7) (a) (intro.) For community youth and family aids under this section,
7amounts not to exceed $49,395,100 $49,891,100 for the last 6 months of 2007,
8$99,790,200 for 2008
2009, $99,782,300 for 2010, and $50,395,100 $49,891,200 for
9the first 6 months of 2009 2011.
AB75, s. 2684 10Section 2684. 301.26 (7) (b) (intro.) of the statutes is amended to read:
AB75,1386,1411 301.26 (7) (b) (intro.) Of the amounts specified in par. (a), the department shall
12allocate $2,000,000 for the last 6 months of 2007 2009, $4,000,000 for 2008 2010, and
13$2,000,000 for the first 6 months of 2009 2011 to counties based on each of the
14following factors weighted equally:
AB75, s. 2685 15Section 2685. 301.26 (7) (bm) of the statutes is amended to read:
AB75,1386,2116 301.26 (7) (bm) Of the amounts specified in par. (a), the department shall
17allocate $5,250,000 $6,250,000 for the last 6 months of 2007, $11,500,000 for 2008
182009, $12,500,000 for 2010, and $6,250,000 for the first 6 months of 2009 2011 to
19counties based on each county's proportion of the number of juveniles statewide who
20are placed in a juvenile correctional facility during the most recent 3-year period for
21which that information is available.
AB75, s. 2686 22Section 2686. 301.26 (7) (c) of the statutes is amended to read:
AB75,1387,423 301.26 (7) (c) Of the amounts specified in par. (a), the department shall allocate
24$1,053,200 for the last 6 months of 2007 2009, $2,106,500 for 2008 2010, and
25$1,053,300 for the first 6 months of 2009 2011 to counties based on each of the factors

1specified in par. (b) 1. to 3. weighted equally, except that no county may receive an
2allocation under this paragraph that is less than 93% nor more than 115% of the
3amount that the county would have received under this paragraph if the allocation
4had been distributed only on the basis of the factor specified in par. (b) 3.
AB75, s. 2687 5Section 2687. 301.26 (7) (e) of the statutes is amended to read:
AB75,1387,106 301.26 (7) (e) For emergencies related to community youth and family aids
7under this section, amounts not to exceed $125,000 for the last 6 months of 2007
82009, $250,000 for 2008 2010, and $125,000 for the first 6 months of 2009 2011. A
9county is eligible for payments under this paragraph only if it has a population of not
10more than 45,000.
AB75, s. 2688 11Section 2688. 301.26 (7) (h) of the statutes is amended to read:
AB75,1387,2112 301.26 (7) (h) For counties that are participating in the corrective sanctions
13program under s. 938.533 (2), $1,062,400 in the last 6 months of 2007 2009,
14$2,124,800 in 2008 2010, and $1,062,400 in the first 6 months of 2009 2011 for the
15provision of corrective sanctions services for juveniles from that county. In
16distributing funds to counties under this paragraph, the department shall determine
17a county's distribution by dividing the amount allocated under this paragraph by the
18number of slots authorized for the program under s. 938.533 (2) and multiplying the
19quotient by the number of slots allocated to that county by agreement between the
20department and the county. The department may transfer funds among counties as
21necessary to distribute funds based on the number of slots allocated to each county.
AB75, s. 2689 22Section 2689. 301.26 (8) of the statutes is amended to read:
AB75,1388,223 301.26 (8) Alcohol and other drug abuse treatment. From the amount of the
24allocations specified in sub. (7) (a), the department shall allocate $666,700 in the last

16 months of 2007 2009, $1,333,400 in 2008 2010, and $666,700 in the first 6 months
2of 2009 2011 for alcohol and other drug abuse treatment programs.
AB75, s. 2690 3Section 2690. 301.38 (1) (a) of the statutes is amended to read:
AB75,1388,54 301.38 (1) (a) "Member of the family" means spouse, domestic partner under
5ch. 770,
child, sibling, parent or legal guardian.
AB75, s. 2691 6Section 2691. 301.46 (3) (a) 1. of the statutes is amended to read:
AB75,1388,87 301.46 (3) (a) 1. "Member of the family" means spouse, domestic partner under
8ch. 770,
child, parent, sibling or legal guardian.
AB75, s. 2692 9Section 2692. 301.46 (4) (a) 6. of the statutes is amended to read:
AB75,1388,1010 301.46 (4) (a) 6. A foster home or treatment foster home licensed under s. 48.62.
AB75, s. 2693 11Section 2693. 301.48 (1) (d) of the statutes is amended to read:
AB75,1388,1612 301.48 (1) (d) "Lifetime tracking" means global positioning system tracking
13that is required for a person for the remainder of the person's life or until terminated
14under sub. (2m), sub. (6), if applicable, or sub. (7) or (7m)
. "Lifetime tracking" does
15not include global positioning system tracking under sub. (2) (d), regardless of how
16long it is required.
AB75, s. 2694 17Section 2694. 301.48 (2) (a) (intro.) of the statutes is amended to read:
AB75,1388,2018 301.48 (2) (a) (intro.) Except as provided in sub. subs. (2m), (6), (7), and (7m),
19the department shall maintain lifetime tracking of a person if any of the following
20occurs with respect to the person on or after January 1, 2008:
AB75, s. 2695 21Section 2695. 301.48 (2) (b) (intro.) of the statutes is amended to read:
AB75,1388,2422 301.48 (2) (b) (intro.) The Except as provided in subs. (7) and (7m), the
23department shall maintain lifetime tracking of a person if any of the following occurs
24with respect to the person on or after January 1, 2008:
AB75, s. 2696 25Section 2696. 301.48 (2) (d) of the statutes is amended to read:
AB75,1389,6
1301.48 (2) (d) If, on or after January 1, 2008, a person is being placed on
2probation, extended supervision, parole, or lifetime supervision for committing a sex
3offense and par. (a) or (b) does not apply, the department may have the person tracked
4using a global positioning system tracking device, or passive positioning system
5tracking,
as a condition of the person's probation, extended supervision, parole, or
6lifetime supervision.
AB75, s. 2697 7Section 2697. 301.48 (2m) of the statutes is amended to read:
AB75,1389,158 301.48 (2m) Passive positioning system tracking. If a person who is subject
9to lifetime tracking under sub. (2) (a) 1., 1m., 2., 2m., 3., or 3m. completes his or her
10sentence, including any probation, parole, or extended supervision, the
The
11department may use passive positioning system tracking instead of maintaining
12lifetime tracking global positioning system tracking to track a person who is subject
13to lifetime tracking under sub. (2) (a) 1., 1m., 2., 2m., 3., or 3m. if the department
14determines that passive positioning tracking is appropriate for the person and if the
15person has been subject to global positioning system tracking for at least 12 months
.
AB75, s. 2698 16Section 2698. 301.48 (3) (c) of the statutes is amended to read:
AB75,1389,2417 301.48 (3) (c) For each person who is subject to global positioning system
18tracking under this section, the department shall create individualized exclusion
19and inclusion zones for the person, if necessary to protect public safety. In creating
20exclusion zones, the department shall focus on areas where children congregate,
21with perimeters of 100 to 250 feet, and on areas where the person has been prohibited
22from going as a condition of probation, extended supervision, parole, conditional
23release, supervised release, or lifetime supervision. In creating inclusion zones for
24a person on supervised release, the department shall consider s. 980.08 (9) (a).
AB75, s. 2699 25Section 2699. 301.48 (7m) of the statutes is amended to read:
AB75,1390,5
1301.48 (7m) Termination if person moves out of state. Notwithstanding sub.
2(2), if
If a person who is subject to being tracked under this section moves out of state,
3the department shall terminate the person's tracking. If the person returns to the
4state, the department shall reinstate the person's tracking except as provided under
5sub. (6) or (7).
AB75, s. 2700 6Section 2700. 302.045 (1) of the statutes is amended to read:
AB75,1390,227 302.045 (1) Program. The department shall provide a challenge incarceration
8program for inmates selected to participate under sub. (2). The program shall
9provide participants with manual labor, personal development counseling,
10substance abuse treatment and education,
military drill and ceremony, counseling,
11and strenuous physical exercise, for participants who have not attained the age of
1230 as of the date on which they begin participating in the program, or
13age-appropriate strenuous physical exercise, for all other participants, in
14preparation for release on parole or extended supervision. The program shall
15provide, according to each participant's needs as assessed under sub. (2) (d),
16substance abuse treatment and education, including intensive intervention when
17indicated, personal development counseling, education, employment readiness
18training, and other treatment options that are directly related to the participant's
19criminal behavior.
The department shall design the program to include not less than
2050 participants at a time and so that a participant may complete the program in not
21more than 180 days. The department may restrict participant privileges as
22necessary to maintain discipline.
AB75, s. 2701 23Section 2701. 302.045 (2) (d) of the statutes is repealed and recreated to read:
AB75,1390,2524 302.045 (2) (d) The department determines, using evidence-based assessment
25instruments, that one of the following applies:
AB75,1391,2
11. The inmate has a substance abuse treatment need that requires an intensive
2level of treatment.
AB75,1391,53 2. The inmate has a substance abuse treatment need that does not require an
4intensive level of treatment but does require education or outpatient services, and
5the inmate's substance use is not a key factor in his or her criminal behavior.
AB75,1391,76 3. The inmate has one or more treatment needs not related to substance use
7that is directly related to his or her criminal behavior.
AB75, s. 2702 8Section 2702. 302.045 (3) of the statutes is amended to read:
AB75,1391,169 302.045 (3) Parole eligibility. Except as provided in sub. (4), if the department
10determines that an inmate serving a sentence other than one imposed under s.
11973.01 has successfully completed the challenge incarceration program, the parole
12earned release review commission shall parole the inmate for that sentence under
13s. 304.06, regardless of the time the inmate has served. When the parole earned
14release review
commission grants parole under this subsection, it must require the
15parolee to participate in an intensive supervision program for drug abusers
16appropriate to the parolee's rehabilitation needs as a condition of parole.
AB75, s. 2703 17Section 2703. 302.05 (title) of the statutes is amended to read:
AB75,1391,18 18302.05 (title) Wisconsin substance abuse earned release program.
AB75, s. 2704 19Section 2704. 302.05 (1) (am) (intro.) of the statutes is renumbered 302.05 (1)
20and amended to read:
AB75,1392,521 302.05 (1) The department of corrections and the department of health services
22may designate a section of a mental health institute as a correctional treatment
23facility for the treatment of substance abuse of inmates transferred from Wisconsin
24state prisons. This section shall be administered by the department of corrections
25and shall be known as the Wisconsin substance abuse program. The department of

1corrections and the department of health services shall ensure that the residents at
2the institution and the residents in the substance abuse program:
shall, at any
3correctional facility the department determines is appropriate, provide a
4rehabilitation program for inmates for the purposes of the earned release program
5described in sub. (3).
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