AB75, s. 3383
12Section
3383. 973.01 (8) (a) 3. of the statutes is amended to read:
AB75,1642,1713
973.01
(8) (a) 3. The amount of time the person will spend on extended
14supervision, assuming that the person does not commit any act that results in the
15extension of the term of confinement in prison under s. 302.113 (3)
, and the date upon
16which the person may be eligible for discharge under sub. (4m) or apply for a
17reduction of his or her period of extended supervision under sub. (4r).
AB75, s. 3384
18Section
3384. 973.015 (title) of the statutes is amended to read:
AB75,1642,19
19973.015 (title)
Misdemeanors, special Special disposition.
AB75, s. 3385
20Section
3385. 973.015 (1) (a) of the statutes is amended to read:
AB75,1643,421
973.015
(1) (a) Subject to par. (b)
and except as provided in par. (c), when a
22person is under the age of
21 25 at the time of the commission of an offense for which
23the person has been found guilty in a court for violation of a law for which the
24maximum
penalty is period of imprisonment
for one year or less in the county jail is
256 years, the court may order at the time of sentencing that the record be expunged
1upon successful completion of the sentence if the court determines the person will
2benefit and society will not be harmed by this disposition. This subsection does not
3apply to information maintained by the department of transportation regarding a
4conviction that is required to be included in a record kept under s. 343.23 (2) (a).
AB75, s. 3386
5Section
3386. 973.015 (1) (c) of the statutes is created to read:
AB75,1643,86
973.015
(1) (c) No court may order that a record of a conviction for a Class H
7or Class I felony that is a violent offense, as defined in s. 301.048 (2) (bm), be
8expunged.
AB75, s. 3387
9Section
3387. 973.017 (6) (a) of the statutes is amended to read:
AB75,1643,1510
973.017
(6) (a) In this subsection, "person responsible for the welfare of the
11child" includes the child's parent, stepparent, guardian,
foster parent, or
treatment 12foster parent; an employee of a public or private residential home, institution, or
13agency; any other person legally responsible for the child's welfare in a residential
14setting; or a person employed by one who is legally responsible for the child's welfare
15to exercise temporary control or care for the child.
AB75, s. 3388
16Section
3388. 973.045 (1) (a) of the statutes is amended to read:
AB75,1643,1717
973.045
(1) (a) For each misdemeanor offense or count, $
60 $65.
AB75, s. 3389
18Section
3389. 973.045 (1) (b) of the statutes is amended to read:
AB75,1643,1919
973.045
(1) (b) For each felony offense or count, $
85 $90.
AB75, s. 3390
20Section
3390. 973.045 (1r) (a) 2. of the statutes is amended to read:
AB75,1643,2221
973.045
(1r) (a) 2. Part B equals
$20
$25 for each misdemeanor offense or count
22and
$20 $25 for each felony offense or count.
AB75, s. 3391
23Section
3391. 973.045 (2m) of the statutes is amended to read:
AB75,1644,224
973.045
(2m) The secretary of administration shall credit part A
and 20
25percent of part B of the crime victim and witness surcharge to the appropriation
1account under s. 20.455 (5) (g) and
80 percent of part B to the appropriation account
2under s. 20.455 (5) (gc).
AB75, s. 3392
3Section
3392. 973.05 (2m) (r) of the statutes is amended to read:
AB75,1644,54
973.05
(2m) (r) To payment of the enforcement surcharge under s.
49.17 253.06 5(4) (c) until paid in full.
AB75, s. 3393
6Section
3393. 973.10 (1) of the statutes is amended to read:
AB75,1644,117
973.10
(1) Imposition of probation shall have the effect of placing the defendant
8in the custody of the department and
, subject to sub. (1g), shall subject the defendant
9to the control of the department under conditions set by the court and rules and
10regulations established by the department for the supervision of probationers,
11parolees and persons on extended supervision.
AB75, s. 3394
12Section
3394. 973.10 (1g) of the statutes is created to read:
AB75,1644,1313
973.10
(1g) (a) In this subsection:
AB75,1644,1514
1. "Member of the family" means spouse, child, parent, sibling, or legal
15guardian.
AB75,1644,1816
2. "Risk assessment" means the application of an objective instrument
17supported by research to determine how likely an offender is to commit another
18offense.
AB75,1644,1919
3. "Victim" means a person against whom a crime has been committed.
AB75,1644,2320
(b) The department shall establish by rule a system for risk assessment that
21classifies a probationer's level of risk for committing another offense. The system
22established under this subsection shall contain levels of risk, with a person who
23poses the most risk classified at the highest level of risk.
AB75,1645,3
1(c) The department shall assess the risk of each person sentenced to probation
2for a misdemeanor under s. 973.09 and shall classify the person according to his or
3her level of risk.
AB75,1645,54
(d) The department may supervise a person sentenced to probation for a
5misdemeanor under s. 973.09 only if one of the following applies:
AB75,1645,66
1. The department classifies him or her under par. (a) at a high level of risk.
AB75,1645,77
2. The person is a violent offender, as defined in s. 16.964 (12) (a).
AB75,1645,88
3. The person is required to register as a sex offender under s. 301.45.
AB75,1645,129
4. The person has, in his or her lifetime, been convicted of or adjudicated
10delinquent for committing any crime involving the use or possession of a weapon or
11of violating s. 968.075, 943.10 (1m) (a) or (e), 961.41 (1) (a), (b), (cm), (d), (e), or (h)
12or (1m) (a), (b), (cm), (d), (e), or (h), 961.455, or 961.46 or ch. 940.
AB75,1645,1413
5. The person had been charged with a felony for the conduct that resulted in
14the current misdemeanor conviction.
AB75,1645,1815
(e) If the department determines that the department may not supervise a
16person under this subsection, the department shall make a reasonable attempt to
17provide written notification to the victim of the person or a member of the family of
18the victim that the person will not be supervised while he or she is on probation.
AB75, s. 3395
19Section
3395. 973.195 of the statutes is repealed.
AB75, s. 3396
20Section
3396. 974.07 (4) (b) of the statutes is amended to read:
AB75,1646,321
974.07
(4) (b) Notwithstanding the limitation on the disclosure of mailing
22addresses from completed information cards submitted by victims under ss. 51.37
23(10) (dx), 301.046 (4) (d), 301.048 (4m) (d), 301.38 (4), 302.105 (4), 304.06 (1) (f),
24304.063 (4), 938.51 (2), 971.17 (6m) (d), and 980.11 (4), the department of corrections,
25the
parole earned release review commission, and the department of health services
1shall, upon request, assist clerks of court in obtaining information regarding the
2mailing address of victims for the purpose of sending copies of motions and notices
3of hearings under par. (a).
AB75, s. 3397
4Section
3397. 976.03 (23) (c) of the statutes is amended to read:
AB75,1646,165
976.03
(23) (c) The application shall be verified by affidavit, shall be executed
6in duplicate and shall be accompanied by 2 certified copies of the indictment
7returned, or information and affidavit filed, or of the complaint made to a judge,
8stating the offense with which the accused is charged, or of the judgment of
9conviction or of the sentence. The prosecuting officer,
parole earned release review 10commission, warden or sheriff may also attach such further affidavits and other
11documents in duplicate as he, she or it deems proper to be submitted with the
12application. One copy of the application, with the action of the governor indicated
13by endorsement thereon, and one of the certified copies of the indictment, complaint,
14information and affidavits, or of the judgment of conviction or of the sentence shall
15be filed in the office of the governor to remain of record in that office. The other copies
16of all papers shall be forwarded with the governor's requisition.
AB75, s. 3398
17Section
3398. 977.01 (2) of the statutes is amended to read:
AB75,1646,2218
977.01
(2) "Public assistance" means relief provided by counties under s. 59.53
19(21), Wisconsin works under ss. 49.141 to 49.161, medical assistance under subch.
20IV of ch. 49, low-income energy assistance under s.
16.27 196.3744, weatherization
21assistance under s.
16.26 196.3742, and the food stamp program under
7 USC 2011 22to
2029.
AB75, s. 3399
23Section
3399. 977.02 (9) of the statutes is created to read:
AB75,1647,424
977.02
(9) Promulgate rules establishing the maximum fees that the state
25public defender may pay for copies, in any format, of materials that are subject to
1discovery in cases in which the state public defender or counsel assigned under s.
2977.08 provides legal representation. In promulgating the rules under this
3subsection, the board shall consider information regarding the actual, necessary, and
4direct cost of producing copies of materials that are subject to discovery.
AB75, s. 3400
5Section
3400. 977.05 (4) (jm) of the statutes is amended to read:
AB75,1647,116
977.05
(4) (jm) At the request of an inmate determined by the state public
7defender to be indigent or upon referral of
a court
the department of corrections 8under s. 302.113 (9g) (j), represent the inmate in proceedings for modification of a
9bifurcated sentence under s. 302.113 (9g) before a program review committee and the
10sentencing court department of corrections, if the state public defender determines
11the case should be pursued.
AB75, s. 3401
12Section
3401. 980.036 (10) of the statutes is amended to read:
AB75,1647,2113
980.036
(10) Payment of copying costs in cases involving indigent
14respondents. When the state public defender or a private attorney appointed under
15s. 977.08 requests copies, in any format, of any item that is discoverable under this
16section, the state public defender shall pay any fee charged for the copies from the
17appropriation
account under s. 20.550 (1) (a). If the person providing copies under
18this section charges the state public defender a fee for the copies, the fee may not
19exceed the
actual, necessary, and, direct cost of providing the copies applicable
20maximum fee for copies of discoverable materials that is established by rule under
21s. 977.02 (9).
AB75, s. 3402
22Section
3402. 980.08 (9) (a) of the statutes is renumbered 980.08 (9) (a) 1. and
23amended to read:
AB75,1648,324
980.08
(9) (a) 1. As a condition of supervised release granted under this chapter,
25for the first year of supervised release, the court shall restrict the person on
1supervised release to the person's home except for outings
that are under the direct
2supervision of a department of corrections escort and that are for employment
3purposes, for religious purposes, or for caring for the person's basic living needs.
AB75, s. 3403
4Section
3403. 980.08 (9) (a) 2. of the statutes is created to read:
AB75,1648,85
980.08
(9) (a) 2. As a rule of supervised release granted under this chapter, for
6the first year of supervised release, the department may restrict any person taking
7any outing under subd. 1. to be under the direct supervision of a department of
8corrections escort.
AB75, s. 3404
9Section
3404. 980.08 (9) (b) of the statutes is amended to read:
AB75,1648,1110
980.08
(9) (b) The department
of corrections may contract for the escort
11services under par. (a)
2.
AB75, s. 3405
12Section
3405. 980.11 (1) (b) of the statutes is amended to read:
AB75,1648,1413
980.11
(1) (b) "Member of the family" means spouse,
domestic partner under
14ch. 770, child, sibling, parent or legal guardian.
AB75,1649,517[
2005 Wisconsin Act 25] Section 9101 (4) (b) The department of administration
18may offer any parcel of state-owned real property for sale in accordance with section
1916.848 of the statutes, as created by this act, if the property is eligible for sale under
20that section and this subsection. If the department of administration receives an
21offer to purchase the property, the secretary of administration may submit a report
22to the secretary of the building commission recommending acceptance of the offer.
23The report shall contain a description of the property and the reasons for the
24recommendation. The secretary of administration may recommend the sale of a
25property with or without approval of the state agency having jurisdiction of the
1property. If, during the period on or before June 30, 2007,
or the period beginning
2on
the effective date of this paragraph October 27, 2007, and ending on June 30, 2009,
3or the period beginning on the effective date of this paragraph and ending on June
430, 2011, the building commission votes to approve the offer to purchase the property,
5the department of administration may sell the property.
AB75,1649,96
(c) This subsection does not apply during the period beginning after June 30,
72007 and ending
the day before the effective date of this paragraph on October 26,
82007, nor during the period
beginning after June 30, 2009
, and ending before the
9effective date of this paragraph, nor during the period after June 30, 2011.
AB75,1650,4
1336.335 Sale of real property other land; buildings and structures. If 14Except as provided in s. 36.33, if the Board of Regents of the University of Wisconsin
15System sells any real property under its jurisdiction during
the period prior to July
161, 2007, and the period beginning on
the effective date of this subsection October 27,
172007, and ending on June 30, 2009,
and the period beginning on the effective date
18of this section .... [LRB inserts date], the board shall credit the net proceeds of the
19sale to the appropriation account under
section s. 20.285 (1) (iz)
of the statutes, as
20affected by this act, except that if there is any outstanding public debt used to finance
21the acquisition, construction, or improvement of any property that is sold, the board
22shall deposit a sufficient amount of the net proceeds from the sale of the property in
23the bond security and redemption fund under
section
s. 18.09
of the statutes to repay
24the principal and pay the interest on the debt, and any premium due upon refunding
25any of the debt. If the property was acquired, constructed, or improved with federal
1financial assistance, the board shall pay to the federal government any of the net
2proceeds required by federal law. If the property was acquired by gift or grant or
3acquired with gift or grant funds, the board shall adhere to any restriction governing
4use of the proceeds.
AB75,1650,137[
2005 Wisconsin Act 25] Section 9155 (1w) (b) On June 30,
2009, 2011, the
8secretary of administration shall eliminate up to 13.0 FTE attorney positions in all
9state agencies that are vacant on that date
are eliminated. If fewer than 13.0 FTE
10attorney positions in all state agencies are vacant on June 30, 2009, there are
11eliminated the requisite number of FTE attorney positions, as identified by the
12secretary of administration, so that a total of 13.0 FTE attorney positions are
13eliminated.
AB75, s. 3410
15Section
3410. 2007 Wisconsin Act 20, section
9121 (6d) is renumbered 253.16
16of the statutes, and 253.16 (2), (3) (intro.), (c) and (e) and (4) (intro.), (b) and (c), as
17renumbered, are amended to read:
AB75,1650,2218
253.16
(2) In a county with a population of at least 190,000 but less than
19230,000, from the appropriation
account under
section s. 20.435
(5) (1) (eu)
of the
20statues, as created by this act, the department
of health and family services shall
21distribute $250,000 in each
state fiscal
years year to the city health department to
22provide a program of services to reduce fetal and infant mortality and morbidity.
AB75,1651,3
23(3) (intro.) Notwithstanding
section
s. 251.08
of the statutes, in implementing
24the program under
paragraph (b) sub. (2), the city health department shall, directly
25or by contract, do all of the following in or on behalf of areas of the county that are
1encompassed by the zip codes 53402 to 53406 and that are at risk for high fetal and
2infant mortality and morbidity, as determined by the department of health
and
3family services:
AB75,1651,94
(c) Develop and implement models of care for all women in the areas who meet
5risk criteria, as specified by the department of health
and family services, and
6provide comprehensive prenatal and postnatal care coordination and other services,
7including home visits, by registered nurses who are public health nurses or who meet
8the qualifications of public health nurses, as specified in
section s. 250.06 (1)
of the
9statutes, or by social workers, as defined in
section s. 252.15 (1) (er)
of the statutes.
AB75,1651,1110
(e) Evaluate the quality and effectiveness of the services provided under
11subdivisions 3. and 4 pars. (c) and (d).
AB75,1651,17
12(4) (intro.)
the The city health department shall prepare a report on fetal and
13infant mortality and morbidity in areas of the county that are encompassed by the
14zip codes 53402 to 53406. The report shall be derived, at least in part, from a
15multidisciplinary review of all fetal and infant deaths in the relevant year and shall
16specify causation found for the mortality and morbidity. The city health department
17shall submit the report to all of the following:
AB75,1651,1818
(b) The department of health
and family services.
AB75,1651,2019
(c) The legislature, in the manner provided under
section s. 13.172 (3)
of the
20statutes.
AB75,1652,623[
2007 Wisconsin Act 20] Section 9201 (1c) (a) Notwithstanding sections 20.001
24(3) (a) to (c) and 25.40 (3) of the statutes, but subject to paragraph (d), the secretary
25of administration shall lapse to the general fund or transfer to the general fund from
1the unencumbered balances of state operations appropriations to executive branch
2state agencies, other than sum sufficient appropriations and appropriations of
3federal revenues, an amount equal to $200,000,000 during the 2007-09 fiscal
4biennium
and $200,000,000 during the 2009-11 fiscal biennium. This paragraph
5shall not apply to appropriations to the Board of Regents of the University of
6Wisconsin System and to the technical college system board.
AB75,1652,158[
2007 Wisconsin Act 20] Section 9201 (1c) (b) Notwithstanding section 20.001
9(3) (a) to (c) of the statutes, but subject to paragraph (d), the secretary of
10administration shall lapse to the general fund or transfer to the general fund from
11the unencumbered balances of appropriations to the Board of Regents of the
12University of Wisconsin System, other than sum sufficient appropriations and
13appropriations of federal revenues, an amount equal to $25,000,000 during the
142007-09 fiscal biennium
and $25,000,000 during the 2009-11 fiscal biennium from
15moneys allocated for University of Wisconsin System and campus administration.
AB75,1652,2317[
2007 Wisconsin Act 20] Section 9201 (1c) (c) Notwithstanding section 20.001
18(3) (a) to (c) of the statutes, but subject to paragraph (d), the secretary of
19administration shall lapse to the general fund or transfer to the general fund from
20the unencumbered balances of appropriations to the technical college system board,
21other than sum sufficient appropriations and appropriations of federal revenues, an
22amount equal to $1,000,000 during the 2007-09 fiscal biennium
and $1,000,000
23during the 2009-11 fiscal biennium.
AB75, s. 9101
25Section 9101.
Nonstatutory provisions; Administration.
AB75,1653,1
1(1)
Public service commission transfers.
AB75,1653,22
(a)
Definitions. In this subsection:
AB75,1653,3
31. "Commission" means the public service commission.
AB75,1653,4
42. "Department" means the department of administration.
AB75,1653,5
53. "Division" means the division of energy of the department of administration.
AB75,1653,6
64. "Secretary" means the secretary of administration.
AB75,1653,97
(b)
Assets and liabilities. On the effective date of this paragraph, the assets and
8liabilities of the department that are primarily related to the division, as determined
9by the secretary, shall become the assets and liabilities of the commission.