AB75: Bill Text

AB75,1641,11 973.01 (4r) Petition for reduction of extended supervision. (a) 1. Notwithstanding sub. (2) (d), a person sentenced to a bifurcated sentence under sub. (1) for a felony that is not a violent offense, as defined in s. 301.048 (2) (bm) 1., and who is ineligible for positive adjustment time under s. 302.113 (2) (b) pursuant to 973.01 (3d) (b) or for a Class F to Class I felony that is a violent offense, as defined in s. 301.048 (2) (bm) 1., may earn good time toward the reduction of extended supervision in the amount of one day for every 3 days that he or she serves without violating a condition of extended supervision leading to a sanction or revocation. The person may petition to the earned release review commission to have his or her period of extended supervision reduced when he or she has served the extended supervision portion of his or her sentence, less good time he or she has earned. This subdivision does not apply to a person who is the subject of a bulletin issued under s. 301.46 (2m).

AB75,1641,20 2. Notwithstanding sub. (2) (d), a person sentenced to a bifurcated sentence under sub. (1) for a Class C to Class E felony may earn good time toward the reduction of extended supervision in the amount of one day for every 5.7 days that he or she serves without violating a condition of extended supervision leading to a sanction or revocation. The person may petition to the earned release review commission to have his or her period of extended supervision reduced when he or she has served the extended supervision portion of his or her sentence, less good time he or she has earned. This subdivision does not apply to a person who is the subject of a bulletin issued under s. 301.46 (2m).

AB75,1641,24 (b) The earned release review commission may consider as grounds for a petition under par. (a) to reduce the length of a person's period of extended supervision whether the person has met the conditions of extended supervision and a reduction is in the interests of justice.

AB75, s. 3381 Section 3381. 973.01 (7) of the statutes is amended to read:

AB75,1642,5 973.01 (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 (4r) or s. 302.113 (2) (b), (9g), or (9h) or 304.06 (1), if applicable.

AB75, s. 3382 Section 3382. 973.01 (8) (a) 2. of the statutes is amended to read:

AB75,1642,11 973.01 (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.

AB75, s. 3383 Section 3383. 973.01 (8) (a) 3. of the statutes is amended to read:

AB75,1642,17 973.01 (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) or apply for a reduction of his or her period of extended supervision under sub. (4r).

AB75, s. 3384 Section 3384. 973.015 (title) of the statutes is amended to read:

AB75,1642,19 973.015 (title) Misdemeanors, special Special disposition.

AB75, s. 3385 Section 3385. 973.015 (1) (a) of the statutes is amended to read:

AB75,1643,4 973.015 (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, 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).

AB75, s. 3386 Section 3386. 973.015 (1) (c) of the statutes is created to read:

AB75,1643,8 973.015 (1) (c) No court may order that a record of a conviction for a Class H or Class I felony that is a violent offense, as defined in s. 301.048 (2) (bm), be expunged.

AB75, s. 3387 Section 3387. 973.017 (6) (a) of the statutes is amended to read:

AB75,1643,15 973.017 (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.

AB75, s. 3388 Section 3388. 973.045 (1) (a) of the statutes is amended to read:

AB75,1643,17 973.045 (1) (a) For each misdemeanor offense or count, $60 $65.

AB75, s. 3389 Section 3389. 973.045 (1) (b) of the statutes is amended to read:

AB75,1643,19 973.045 (1) (b) For each felony offense or count, $85 $90.

AB75, s. 3390 Section 3390. 973.045 (1r) (a) 2. of the statutes is amended to read:

AB75,1643,22 973.045 (1r) (a) 2. Part B equals $20 $25 for each misdemeanor offense or count and $20 $25 for each felony offense or count.

AB75, s. 3391 Section 3391. 973.045 (2m) of the statutes is amended to read:

AB75,1644,2 973.045 (2m) The secretary of administration shall credit part A and 20 percent of part B of the crime victim and witness surcharge to the appropriation account under s. 20.455 (5) (g) and 80 percent of part B to the appropriation account under s. 20.455 (5) (gc).

AB75, s. 3392 Section 3392. 973.05 (2m) (r) of the statutes is amended to read:

AB75,1644,5 973.05 (2m) (r) To payment of the enforcement surcharge under s. 49.17 253.06 (4) (c) until paid in full.

AB75, s. 3393 Section 3393. 973.10 (1) of the statutes is amended to read:

AB75,1644,11 973.10 (1) Imposition of probation shall have the effect of placing the defendant in the custody of the department and, subject to sub. (1g), shall subject the defendant to the control of the department under conditions set by the court and rules and regulations established by the department for the supervision of probationers, parolees and persons on extended supervision.

AB75, s. 3394 Section 3394. 973.10 (1g) of the statutes is created to read:

AB75,1644,13 973.10 (1g) (a) In this subsection:

AB75,1644,15 1. "Member of the family" means spouse, child, parent, sibling, or legal guardian.

AB75,1644,18 2. "Risk assessment" means the application of an objective instrument supported by research to determine how likely an offender is to commit another offense.

AB75,1644,19 3. "Victim" means a person against whom a crime has been committed.

AB75,1644,23 (b) The department shall establish by rule a system for risk assessment that classifies a probationer's level of risk for committing another offense. The system established under this subsection shall contain levels of risk, with a person who poses the most risk classified at the highest level of risk.

AB75,1645,3 (c) The department shall assess the risk of each person sentenced to probation for a misdemeanor under s. 973.09 and shall classify the person according to his or her level of risk.

AB75,1645,5 (d) The department may supervise a person sentenced to probation for a misdemeanor under s. 973.09 only if one of the following applies:

AB75,1645,6 1. The department classifies him or her under par. (a) at a high level of risk.

AB75,1645,7 2. The person is a violent offender, as defined in s. 16.964 (12) (a).

AB75,1645,8 3. The person is required to register as a sex offender under s. 301.45.

AB75,1645,12 4. The person has, in his or her lifetime, been convicted of or adjudicated delinquent for committing any crime involving the use or possession of a weapon or of violating s. 968.075, 943.10 (1m) (a) or (e), 961.41 (1) (a), (b), (cm), (d), (e), or (h) or (1m) (a), (b), (cm), (d), (e), or (h), 961.455, or 961.46 or ch. 940.

AB75,1645,14 5. The person had been charged with a felony for the conduct that resulted in the current misdemeanor conviction.

AB75,1645,18 (e) If the department determines that the department may not supervise a person under this subsection, the department shall make a reasonable attempt to provide written notification to the victim of the person or a member of the family of the victim that the person will not be supervised while he or she is on probation.

AB75, s. 3395 Section 3395. 973.195 of the statutes is repealed.

AB75, s. 3396 Section 3396. 974.07 (4) (b) of the statutes is amended to read:

AB75,1646,3 974.07 (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 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).

AB75, s. 3397 Section 3397. 976.03 (23) (c) of the statutes is amended to read:

AB75,1646,16 976.03 (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.

AB75, s. 3398 Section 3398. 977.01 (2) of the statutes is amended to read:

AB75,1646,22 977.01 (2) "Public assistance" means relief provided by counties under s. 59.53 (21), Wisconsin works under ss. 49.141 to 49.161, medical assistance under subch. IV of ch. 49, low-income energy assistance under s. 16.27 196.3744, weatherization assistance under s. 16.26 196.3742, and the food stamp program under 7 USC 2011 to 2029.

AB75, s. 3399 Section 3399. 977.02 (9) of the statutes is created to read:

AB75,1647,4 977.02 (9) Promulgate rules establishing the maximum fees that the state public defender may pay for copies, in any format, of materials that are subject to discovery in cases in which the state public defender or counsel assigned under s. 977.08 provides legal representation. In promulgating the rules under this subsection, the board shall consider information regarding the actual, necessary, and direct cost of producing copies of materials that are subject to discovery.

AB75, s. 3400 Section 3400. 977.05 (4) (jm) of the statutes is amended to read:

AB75,1647,11 977.05 (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.

AB75, s. 3401 Section 3401. 980.036 (10) of the statutes is amended to read:

AB75,1647,21 980.036 (10) Payment of copying costs in cases involving indigent respondents. 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) (a). 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).

AB75, s. 3402 Section 3402. 980.08 (9) (a) of the statutes is renumbered 980.08 (9) (a) 1. and amended to read:

AB75,1648,3 980.08 (9) (a) 1. As a condition of supervised release granted under this chapter, for the first year of supervised release, the court shall restrict the person on supervised release to the person's home except for outings that are under the direct supervision of a department of corrections escort and that are for employment purposes, for religious purposes, or for caring for the person's basic living needs.

AB75, s. 3403 Section 3403. 980.08 (9) (a) 2. of the statutes is created to read:

AB75,1648,8 980.08 (9) (a) 2. As a rule of supervised release granted under this chapter, for the first year of supervised release, the department may restrict any person taking any outing under subd. 1. to be under the direct supervision of a department of corrections escort.

AB75, s. 3404 Section 3404. 980.08 (9) (b) of the statutes is amended to read:

AB75,1648,11 980.08 (9) (b) The department of corrections may contract for the escort services under par. (a) 2.

AB75, s. 3405 Section 3405. 980.11 (1) (b) of the statutes is amended to read:

AB75,1648,14 980.11 (1) (b) "Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.

AB75, s. 3406 Section 3406. 2005 Wisconsin Act 25, section 9101 (4) (b) and (c), as last amended by 2007 Wisconsin Act 20, section 3936, is amended to read:

AB75,1649,5 [2005 Wisconsin Act 25] Section 9101 (4) (b) The department of administration may offer any parcel of state-owned real property for sale in accordance with section 16.848 of the statutes, as created by this act, if the property is eligible for sale under that section and this subsection. If the department of administration receives an offer to purchase the property, the secretary of administration may submit a report to the secretary of the building commission recommending acceptance of the offer. The report shall contain a description of the property and the reasons for the recommendation. The secretary of administration may recommend the sale of a property with or without approval of the state agency having jurisdiction of the property. If, during the period on or before June 30, 2007, or the period beginning on the effective date of this paragraph October 27, 2007, and ending on June 30, 2009, or the period beginning on the effective date of this paragraph and ending on June 30, 2011, the building commission votes to approve the offer to purchase the property, the department of administration may sell the property.

AB75,1649,9 (c) This subsection does not apply during the period beginning after June 30, 2007 and ending the day before the effective date of this paragraph on October 26, 2007, nor during the period beginning after June 30, 2009, and ending before the effective date of this paragraph, nor during the period after June 30, 2011.

AB75, s. 3407 Section 3407. 2005 Wisconsin Act 25, section 9152 (5), as last affected by 2007 Wisconsin Act 20, section 3937, is renumbered 36.335 of the statutes and amended to read:

AB75,1650,4 36.335 Sale of real property other land; buildings and structures. If Except as provided in s. 36.33, if the Board of Regents of the University of Wisconsin System sells any real property under its jurisdiction during the period prior to July 1, 2007, and the period beginning on the effective date of this subsection October 27, 2007, and ending on June 30, 2009, and the period beginning on the effective date of this section .... [LRB inserts date], the board shall credit the net proceeds of the sale to the appropriation account under section s. 20.285 (1) (iz) of the statutes, as affected by this act, except that if there is any outstanding public debt used to finance the acquisition, construction, or improvement of any property that is sold, the board shall deposit a sufficient amount of the net proceeds from the sale of the property in the bond security and redemption fund under section s. 18.09 of the statutes to repay the principal and pay the interest on the debt, and any premium due upon refunding any of the debt. If the property was acquired, constructed, or improved with federal financial assistance, the board shall pay to the federal government any of the net proceeds required by federal law. If the property was acquired by gift or grant or acquired with gift or grant funds, the board shall adhere to any restriction governing use of the proceeds.

AB75, s. 3408 Section 3408 . 2005 Wisconsin Act 25, section 9155 (1w) (b), as last affected by 2007 Wisconsin Act 5, is amended to read:

AB75,1650,13 [2005 Wisconsin Act 25] Section 9155 (1w) (b) On June 30, 2009, 2011, the secretary of administration shall eliminate up to 13.0 FTE attorney positions in all state agencies that are vacant on that date are eliminated. If fewer than 13.0 FTE attorney positions in all state agencies are vacant on June 30, 2009, there are eliminated the requisite number of FTE attorney positions, as identified by the secretary of administration, so that a total of 13.0 FTE attorney positions are eliminated.

AB75, s. 3409 Section 3409. 2007 Wisconsin Act 20, section 1878d is repealed.

AB75, s. 3410 Section 3410. 2007 Wisconsin Act 20, section 9121 (6d) is renumbered 253.16 of the statutes, and 253.16 (2), (3) (intro.), (c) and (e) and (4) (intro.), (b) and (c), as renumbered, are amended to read:

AB75,1650,22 253.16 (2) In a county with a population of at least 190,000 but less than 230,000, from the appropriation account under section s. 20.435 (5) (1) (eu) of the statues, as created by this act, the department of health and family services shall distribute $250,000 in each state fiscal years year to the city health department to provide a program of services to reduce fetal and infant mortality and morbidity.

AB75,1651,3 (3) (intro.) Notwithstanding section s. 251.08 of the statutes, in implementing the program under paragraph (b) sub. (2), the city health department shall, directly or by contract, do all of the following in or on behalf of areas of the county that are encompassed by the zip codes 53402 to 53406 and that are at risk for high fetal and infant mortality and morbidity, as determined by the department of health and family services:

AB75,1651,9 (c) Develop and implement models of care for all women in the areas who meet risk criteria, as specified by the department of health and family services, and provide comprehensive prenatal and postnatal care coordination and other services, including home visits, by registered nurses who are public health nurses or who meet the qualifications of public health nurses, as specified in section s. 250.06 (1) of the statutes, or by social workers, as defined in section s. 252.15 (1) (er) of the statutes.

AB75,1651,11 (e) Evaluate the quality and effectiveness of the services provided under subdivisions 3. and 4 pars. (c) and (d).

AB75,1651,17 (4) (intro.) the The city health department shall prepare a report on fetal and infant mortality and morbidity in areas of the county that are encompassed by the zip codes 53402 to 53406. The report shall be derived, at least in part, from a multidisciplinary review of all fetal and infant deaths in the relevant year and shall specify causation found for the mortality and morbidity. The city health department shall submit the report to all of the following:

AB75,1651,18 (b) The department of health and family services.

AB75,1651,20 (c) The legislature, in the manner provided under section s. 13.172 (3) of the statutes.

AB75, s. 3411 Section 3411. 2007 Wisconsin Act 20, section 9122 (1) is repealed.

AB75, s. 3412 Section 3412. 2007 Wisconsin Act 20, section 9201 (1c) (a) is amended to read:

AB75,1652,6 [2007 Wisconsin Act 20] Section 9201 (1c) (a) Notwithstanding sections 20.001 (3) (a) to (c) and 25.40 (3) of the statutes, but subject to paragraph (d), the secretary of administration shall lapse to the general fund or transfer to the general fund from the unencumbered balances of state operations appropriations to executive branch state agencies, other than sum sufficient appropriations and appropriations of federal revenues, an amount equal to $200,000,000 during the 2007-09 fiscal biennium and $200,000,000 during the 2009-11 fiscal biennium. This paragraph shall not apply to appropriations to the Board of Regents of the University of Wisconsin System and to the technical college system board.

AB75, s. 3413 Section 3413. 2007 Wisconsin Act 20, section 9201 (1c) (b) is amended to read:

AB75,1652,15 [2007 Wisconsin Act 20] Section 9201 (1c) (b) Notwithstanding section 20.001 (3) (a) to (c) of the statutes, but subject to paragraph (d), the secretary of administration shall lapse to the general fund or transfer to the general fund from the unencumbered balances of appropriations to the Board of Regents of the University of Wisconsin System, other than sum sufficient appropriations and appropriations of federal revenues, an amount equal to $25,000,000 during the 2007-09 fiscal biennium and $25,000,000 during the 2009-11 fiscal biennium from moneys allocated for University of Wisconsin System and campus administration.

AB75, s. 3414 Section 3414. 2007 Wisconsin Act 20, section 9201 (1c) (c) is amended to read:

AB75,1652,23 [2007 Wisconsin Act 20] Section 9201 (1c) (c) Notwithstanding section 20.001 (3) (a) to (c) of the statutes, but subject to paragraph (d), the secretary of administration shall lapse to the general fund or transfer to the general fund from the unencumbered balances of appropriations to the technical college system board, other than sum sufficient appropriations and appropriations of federal revenues, an amount equal to $1,000,000 during the 2007-09 fiscal biennium and $1,000,000 during the 2009-11 fiscal biennium.

AB75, s. 3415 Section 3415. 2007 Wisconsin Act 20, section 9441 (6n) is repealed.

AB75, s. 9101 Section 9101. Nonstatutory provisions; Administration.