Amendment SSA1-SB27

SB27-SSA1,1244,20 301.03 (5h) Develop, with the assistance of the office of state employment relations, a policy for staff assignments that shall consider an employee's seniority when assigning shifts.

SB27-SSA1, s. 1885 Section 1885. 301.048 (2) (am) 3. of the statutes is amended to read:

SB27-SSA1,1244,24 301.048 (2) (am) 3. The earned release review parole commission grants him or her parole under s. 304.06 and requires his or her participation in the program as a condition of parole under s. 304.06 (1x).

SB27-SSA1, s. 1886 Section 1886. 301.21 (1m) (c) of the statutes is amended to read:

SB27-SSA1,1245,4 301.21 (1m) (c) Any hearing to consider parole or whether to grant extended supervision, if the inmate is sentenced under s. 973.01 to which an inmate confined under this contract may be entitled by the laws of Wisconsin will be conducted by the Wisconsin earned release review parole commission under rules of the department.

SB27-SSA1, s. 1887 Section 1887. 301.21 (2m) (c) of the statutes is amended to read:

SB27-SSA1,1245,10 301.21 (2m) (c) Any hearing to consider parole or whether to grant extended supervision, if the prisoner is sentenced under s. 973.01 to which a prisoner confined under a contract under this subsection may be entitled by the laws of Wisconsin shall be conducted by the Wisconsin earned release review parole commission under rules of the department.

SB27-SSA1, s. 1888 Section 1888. 301.26 (3) (c) of the statutes is amended to read:

SB27-SSA1,1245,14 301.26 (3) (c) Within the limits of the appropriations under s. 20.410 (3) (cd), (ko), and (o) and (ko), the department shall allocate funds to each county for services under this section.

SB27-SSA1, s. 1889 Section 1889. 301.26 (4) (b) of the statutes is amended to read:

SB27-SSA1,1246,5 301.26 (4) (b) Assessment of costs under par. (a) shall be made periodically on the basis of the per person per day cost estimate specified in par. (d) 2. and, 3., and 4. Except as provided in pars. (bm), (c), and (cm), liability shall apply to county departments under s. 46.21, 46.22, or 46.23 in the county of the court exercising jurisdiction under chs. 48 and 938 for each person receiving services from the department of corrections under s. 48.366, 938.183, or 938.34 or the department of health services under s. 46.057 or 51.35 (3). Except as provided in pars. (bm), (c), and (cm), in multicounty court jurisdictions, the county of residency within the jurisdiction shall be liable for costs under this subsection. Assessment of costs under par. (a) shall also be made according to the general placement type or level of care provided, as defined by the department, and prorated according to the ratio of the amount designated under sub. (3) (c) to the total applicable estimated costs of care, services, and supplies provided by the department of corrections under ss. 48.366, 938.183, and 938.34 and the department of health services under s. 46.057 or 51.35 (3).

SB27-SSA1, s. 1890 Section 1890. 301.26 (4) (cm) 3. of the statutes is amended to read:

SB27-SSA1,1246,10 301.26 (4) (cm) 3. The per person daily reimbursement rate for juvenile correctional services under this paragraph shall be equal to the per person daily cost assessment to counties under par. (d) 2. and, 3., and 4. for juvenile correctional services.

SB27-SSA1, s. 1891 Section 1891. 301.26 (4) (ct) of the statutes is created to read:

SB27-SSA1,1246,22 301.26 (4) (ct) 1. Subject to subd. 2. and notwithstanding ss. 16.50 (2), 16.52, 20.002 (11), and 20.903, if there is a deficit in the appropriation account under s. 20.410 (3) (hm) at the close of a fiscal year, any unencumbered balance in the appropriation account under s. 20.410 (3) (ho) at the close of that fiscal year, less the amounts required by s. 20.410 (3) (ho) to be remitted to counties or transferred to the appropriation account under s. 20.410 (3) (kx), and any unencumbered balance in the appropriation account under s. 20.410 (3) (hr) at the close of that fiscal year, shall be transferred to the appropriation account under s. 20.410 (3) (hm), up to the amount that when added to other amounts credited to that appropriation account in that fiscal year equals the amount shown in the schedule under s. 20.005 (3) for that appropriation account for that fiscal year.

SB27-SSA1,1247,4 2. The total amount transferred at the end of a fiscal year under subd. 1. may not exceed the amount of the deficit in the appropriation account under s. 20.410 (3) (hm) for that fiscal year, and if that deficit is less than the total amount of the unencumbered balances available for transfer under subd. 1., the amount transferred from the appropriation accounts under s. 20.410 (3) (ho) and (hr) shall be in proportion to the respective unencumbered balance available for transfer from each of those appropriation accounts.

SB27-SSA1, s. 3002m Section 3002m. 301.26 (4) (cx) of the statutes is created to read:

SB27-SSA1,1247,13 301.26 (4) (cx) If, notwithstanding ss. 16.50 (2), 16.52, 20.002 (11), and 20.903, there is a deficit in the appropriation account under s. 20.410 (3) (hm) at the close of a fiscal biennium, the governor shall, to address that deficit, increase each of the rates specified under s. 301.26 (4) (d) 2. and 3. for care in a Type 1 juvenile correctional institution and for care for juveniles transferred from a correctional institution by $17, in addition to any increase due to actual costs, in the executive budget bill for each fiscal biennium, until the deficit under s. 20.410 (3) (hm) is eliminated.

SB27-SSA1, s. 1892 Section 1892. 301.26 (4) (d) 2. of the statutes is amended to read:

SB27-SSA1,1247,23 301.26 (4) (d) 2. Beginning on January July 1, 2010 2011, and ending on June 30, 2010 2012, the per person daily cost assessment to counties shall be $270 $284 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $270 $284 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $298 for care in a residential care center for children and youth, $190 for care in a group home for children, $72 for care in a foster home, $124 for care in a treatment foster home under rules promulgated under s. 48.62 (8) (c), $101 $99 for departmental corrective sanctions services, and $40 for departmental aftercare services.

SB27-SSA1, s. 1893 Section 1893. 301.26 (4) (d) 3. of the statutes is amended to read:

SB27-SSA1,1248,9 301.26 (4) (d) 3. Beginning on July 1, 2010 2012, and ending on June 30, 2011 2013, the per person daily cost assessment to counties shall be $275 $289 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $275 $289 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $313 for care in a residential care center for children and youth, $200 for care in a group home for children, $75 for care in a foster home, $130 for care in a treatment foster home under rules promulgated under s. 48.62 (8) (c), $103 $100 for departmental corrective sanctions services, and $41 $40 for departmental aftercare services.

SB27-SSA1, s. 1894 Section 1894. 301.26 (4) (d) 4. of the statutes is created to read:

SB27-SSA1,1248,14 301.26 (4) (d) 4. The per person daily cost assessment to counties for care in a foster home, group home, or residential care center for children and youth shall be an amount equal to the amount the provider charges the department for that care as authorized by the department of children and families.

SB27-SSA1, s. 1895 Section 1895. 301.26 (6) (a) of the statutes is amended to read:

SB27-SSA1,1248,19 301.26 (6) (a) The intent of this subsection is to develop criteria to assist the legislature in allocating funding, excluding funding for base allocations, from the appropriations under s. 20.410 (3) (cd), (ko), and (o) and (ko) for purposes described in this section.

SB27-SSA1, s. 1896 Section 1896. 301.26 (7) (intro.) of the statutes is amended to read:

SB27-SSA1,1249,2 301.26 (7) Allocations of funds. (intro.) Within the limits of the availability of federal funds and of the appropriations under s. 20.410 (3) (cd), (ko), and (o) and (ko), the department shall allocate funds for community youth and family aids for the period beginning on July 1, 2009 2011, and ending on June 30, 2011 2013, as provided in this subsection to county departments under ss. 46.215, 46.22, and 46.23 as follows:

SB27-SSA1, s. 1897 Section 1897. 301.26 (7) (a) of the statutes is amended to read:

SB27-SSA1,1249,7 301.26 (7) (a) For community youth and family aids under this section, amounts not to exceed $50,395,100 $45,478,000 for the last 6 months of 2009 2011, $100,790,200 $90,956,100 for 2010 2012, and $50,395,100 $45,478,100 for the first 6 months of 2011 2013.

SB27-SSA1, s. 1898 Section 1898. 301.26 (7) (b) (intro.) of the statutes is amended to read:

SB27-SSA1,1249,12 301.26 (7) (b) (intro.) Of the amounts specified in par. (a), the department shall allocate $2,000,000 for the last 6 months of 2009 2011, $4,000,000 for 2010 2012, and $2,000,000 for the first 6 months of 2011 2013 to counties based on each of the following factors weighted equally:

SB27-SSA1, s. 1899 Section 1899. 301.26 (7) (bm) of the statutes is amended to read:

SB27-SSA1,1249,19 301.26 (7) (bm) Of the amounts specified in par. (a), the department shall allocate $6,250,000 for the last 6 months of 2009 2011, $12,500,000 for 2010 2012, and $6,250,000 for the first 6 months of 2011 2013 to counties based on each county's proportion of the number of juveniles statewide who are placed in a juvenile correctional facility during the most recent 3-year period for which that information is available.

SB27-SSA1, s. 1900 Section 1900. 301.26 (7) (c) of the statutes is amended to read:

SB27-SSA1,1250,2 301.26 (7) (c) Of the amounts specified in par. (a), the department shall allocate $1,053,200 for the last 6 months of 2009 2011, $2,106,500 for 2010 2012, and $1,053,300 for the first 6 months of 2011 2013 to counties based on each of the factors specified in par. (b) 1. to 3. weighted equally, except that no county may receive an allocation under this paragraph that is less than 93% nor more than 115% of the amount that the county would have received under this paragraph if the allocation had been distributed only on the basis of the factor specified in par. (b) 3.

SB27-SSA1, s. 1901 Section 1901. 301.26 (7) (e) of the statutes is amended to read:

SB27-SSA1,1250,8 301.26 (7) (e) For emergencies related to community youth and family aids under this section, amounts not to exceed $125,000 for the last 6 months of 2009 2011, $250,000 for 2010 2012, and $125,000 for the first 6 months of 2011 2013. A county is eligible for payments under this paragraph only if it has a population of not more than 45,000.

SB27-SSA1, s. 1902 Section 1902. 301.26 (7) (h) of the statutes is amended to read:

SB27-SSA1,1250,19 301.26 (7) (h) For counties that are participating in the corrective sanctions program under s. 938.533 (2), $1,062,400 in the last 6 months of 2009 2011, $2,124,800 in 2010 2012, and $1,062,400 in the first 6 months of 2011 2013 for the provision of corrective sanctions services for juveniles from that county. In distributing funds to counties under this paragraph, the department shall determine a county's distribution by dividing the amount allocated under this paragraph by the number of slots authorized for the program under s. 938.533 (2) and multiplying the quotient by the number of slots allocated to that county by agreement between the department and the county. The department may transfer funds among counties as necessary to distribute funds based on the number of slots allocated to each county.

SB27-SSA1, s. 1903 Section 1903. 301.26 (8) of the statutes is amended to read:

SB27-SSA1,1250,24 301.26 (8) Alcohol and other drug abuse treatment. From the amount of the allocations specified in sub. (7) (a), the department shall allocate $666,700 in the last 6 months of 2009 2011, $1,333,400 in 2010 2012, and $666,700 in the first 6 months of 2011 2013 for alcohol and other drug abuse treatment programs.

SB27-SSA1, s. 3014m Section 3014m. 301.328 (1m) of the statutes is created to read:

SB27-SSA1,1251,6 301.328 (1m) No prisoner may receive more than $100 annually in litigation loans, except that any amount of the debt the prisoner repays during the year may be advanced to the prisoner again without counting against the $100 litigation loan limit. No prisoner may receive a litigation loan in any amount until he or she has repaid a prior loan in full or has made arrangements for repayment with the warden of the institution.

SB27-SSA1, s. 1904 Section 1904. 302.045 (1) of the statutes is amended to read:

SB27-SSA1,1251,23 302.045 (1) Program. The department shall provide a challenge incarceration program for inmates selected to participate under sub. (2). The program shall provide participants with manual labor, personal development counseling, substance abuse treatment and education, military drill and ceremony, counseling, and strenuous physical exercise, for participants who have not attained the age of 30 as of the date on which they begin participating in the program, or age-appropriate strenuous physical exercise, for all other participants, in preparation for release on parole or extended supervision. The program shall provide, according to each participant's needs as assessed under sub. (2) (d), substance abuse treatment and education, including intensive intervention when indicated, personal development counseling, education, employment readiness training, and other treatment options that are directly related to the participant's criminal behavior. The department shall design the program to include not less fewer than 50 participants at a time and so that a participant may complete the program in not more than 180 days. The department may restrict participant privileges as necessary to maintain discipline.

SB27-SSA1, s. 1905 Section 1905. 302.045 (2) (d) of the statutes is repealed and recreated to read:

SB27-SSA1,1252,2 302.045 (2) (d) The department determines, during assessment and evaluation, that the inmate has a substance abuse problem.

SB27-SSA1, s. 1906 Section 1906. 302.045 (3) of the statutes is amended to read:

SB27-SSA1,1252,11 302.045 (3) Parole eligibility. Except as provided in sub. (4), if the department determines that an inmate serving a sentence other than one imposed under s. 973.01 has successfully completed the challenge incarceration program, the earned release review parole commission shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served. When the earned release review parole commission grants parole under this subsection, it must require the parolee to participate in an intensive supervision program appropriate to the parolee's rehabilitation needs for drug abusers as a condition of parole.

SB27-SSA1, s. 1907 Section 1907. 302.045 (3m) (d) of the statutes is repealed.

SB27-SSA1, s. 1908 Section 1908. 302.05 (title) of the statutes is amended to read:

SB27-SSA1,1252,14 302.05 (title) Wisconsin earned release substance abuse program.

SB27-SSA1, s. 1909 Section 1909. 302.05 (1) of the statutes is renumbered 302.05 (1) (am) (intro.) and amended to read:

SB27-SSA1,1253,2 302.05 (1) (am) (intro.) The department of corrections shall, at any correctional facility the department determines is appropriate, provide a rehabilitation program for inmates for the purposes of the earned release program described in sub. (3). and the department of health services may designate a section of a mental health institute as a correctional treatment facility for the treatment of substance abuse of inmates transferred from Wisconsin state prisons. This section shall be administered by the department of corrections and shall be known as the Wisconsin substance abuse program. The department of corrections and the department of health services shall ensure that the residents at the institution and the residents in the substance abuse program:

SB27-SSA1, s. 1910 Section 1910. 302.05 (1) (am) 1. of the statutes is created to read:

SB27-SSA1,1253,6 302.05 (1) (am) 1. Have access to all facilities that are available at the institution and are necessary for the treatment programs designed by the departments.

SB27-SSA1, s. 1911 Section 1911. 302.05 (1) (am) 2. of the statutes is created to read:

SB27-SSA1,1253,8 302.05 (1) (am) 2. Are housed on separate wards.

SB27-SSA1, s. 1912 Section 1912. 302.05 (1) (b) of the statutes is created to read:

SB27-SSA1,1253,13 302.05 (1) (b) The department of corrections and the department of health services shall, at any correctional facility the departments determine is appropriate, provide a substance abuse treatment program for inmates for the purposes of the earned release program described in sub. (3).

SB27-SSA1, s. 1913 Section 1913. 302.05 (2) of the statutes is amended to read:

SB27-SSA1,1253,17 302.05 (2) Transfer to a correctional treatment facility for participation in a program described in sub. (1) the treatment of substance abuse shall be considered a transfer under s. 302.18.

SB27-SSA1, s. 1914 Section 1914. 302.05 (3) (b) of the statutes is amended to read:

SB27-SSA1,1254,2 302.05 (3) (b) Except as provided in par. (d), if the department determines that an eligible inmate serving a sentence other than one imposed under s. 973.01 has successfully completed a rehabilitation treatment program described in sub. (1), the earned release review parole commission shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served. If the earned release review parole commission grants parole under this paragraph, it shall require the parolee to participate in an intensive supervision program appropriate to the parolee's rehabilitation needs for drug abusers as a condition of parole.

SB27-SSA1, s. 1915 Section 1915. 302.05 (3) (c) 1. of the statutes is amended to read:

SB27-SSA1,1254,8 302.05 (3) (c) 1. Except as provided in par. (d), if the department determines that an eligible inmate serving the term of confinement in prison portion of a bifurcated sentence imposed under s. 973.01 has successfully completed a rehabilitation treatment program described in sub. (1), the department shall inform the court that sentenced the inmate.

SB27-SSA1, s. 1916 Section 1916. 302.05 (3) (c) 2. (intro.) of the statutes, is amended to read:

SB27-SSA1,1254,13 302.05 (3) (c) 2. (intro.) Upon being informed by the department under subd. 1. that an inmate whom the court sentenced under s. 973.01 has successfully completed a rehabilitation treatment program described in sub. (1), the court shall modify the inmate's bifurcated sentence as follows:

SB27-SSA1, s. 1917 Section 1917. 302.05 (3) (c) 3. of the statutes is repealed.

SB27-SSA1, s. 1918 Section 1918. 302.05 (3) (d) of the statutes is amended to read:

SB27-SSA1,1254,18 302.05 (3) (d) The department may place intensive sanctions program participants in a rehabilitation treatment program described in sub. (1), but pars. (b) and (c) do not apply to those participants.

SB27-SSA1, s. 1919 Section 1919. 302.11 (1g) (b) (intro.) of the statutes is amended to read:

SB27-SSA1,1255,2 302.11 (1g) (b) (intro.) Before an incarcerated inmate with a presumptive mandatory release date reaches the presumptive mandatory release date specified under par. (am), the earned release review parole commission shall proceed under s. 304.06 (1) to consider whether to deny presumptive mandatory release to the inmate. If the earned release review parole commission does not deny presumptive mandatory release, the inmate shall be released on parole. The earned release review parole commission may deny presumptive mandatory release to an inmate only on one or more of the following grounds:

SB27-SSA1, s. 1920 Section 1920. 302.11 (1g) (b) 2. of the statutes is amended to read:

SB27-SSA1,1255,10 302.11 (1g) (b) 2. Refusal by the inmate to participate in counseling or treatment that the social service and clinical staff of the institution determines is necessary for the inmate, including pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen if the inmate is a serious child sex offender as defined in s. 304.06 (1q) (a). The earned release review parole commission may not deny presumptive mandatory release to an inmate because of the inmate's refusal to participate in a rehabilitation program under s. 301.047.

SB27-SSA1, s. 1921 Section 1921. 302.11 (1g) (c) of the statutes is amended to read:

SB27-SSA1,1255,15 302.11 (1g) (c) If the earned release review parole commission denies presumptive mandatory release to an inmate under par. (b), the earned release review parole commission shall schedule regular reviews of the inmate's case to consider whether to parole the inmate under s. 304.06 (1).

SB27-SSA1, s. 1922 Section 1922. 302.11 (1g) (d) of the statutes is amended to read:

SB27-SSA1,1255,19 302.11 (1g) (d) An inmate may seek review of a decision by the earned release review parole commission relating to the denial of presumptive mandatory release only by the common law writ of certiorari.

SB27-SSA1, s. 1923 Section 1923. 302.11 (1m) of the statutes is amended to read:

SB27-SSA1,1255,23 302.11 (1m) An inmate serving a life term is not entitled to mandatory release. Except as provided in ss. 939.62 (2m) (c) and 973.014, the earned release review parole commission may parole the inmate as specified in s. 304.06 (1).

SB27-SSA1, s. 1924 Section 1924. 302.11 (7) (c) of the statutes is amended to read:

SB27-SSA1,1256,3 302.11 (7) (c) The earned release review parole commission may subsequently parole, under s. 304.06 (1), and the department may subsequently parole, under s. 304.02, a parolee who is returned to prison for violation of a condition of parole.

SB27-SSA1, s. 1925 Section 1925. 302.113 (1) of the statutes is amended to read:

SB27-SSA1,1256,15 302.113 (1) An inmate is subject to this section if he or she is serving a bifurcated sentence imposed under s. 973.01. An inmate convicted of a misdemeanor or of a Class F to Class I felony that is not a violent offense, as defined in s. 301.048 (2) (bm) 1., and who is eligible for positive adjustment time under sub. (2) (b) pursuant to s. 973.01 (3d) (b) may be released to extended supervision under sub. (2) (b) or (9h). An inmate convicted of a Class C to Class E felony or a Class F to Class I felony that is a violent offense, as defined in s. 301.048 (2) (bm) 1., or a Class F to Class I felony that is not a violent offense, as defined under s. 301.048 (2) (bm) 1., but who is ineligible for positive adjustment time under sub. (2) (b) pursuant to s. 973.01 (3d) (b) may be released to extended supervision only under sub. (2) (a) or (9h) or s. 304.06.

SB27-SSA1, s. 1926 Section 1926. 302.113 (2) (a) of the statutes is renumbered 302.113 (2) and amended to read:

SB27-SSA1,1256,24 302.113 (2) Except as provided in par. (b) and subs. (3) and (9) and s. 304.06, an inmate subject to this section is entitled to release to extended supervision after he or she has served the term of confinement in prison portion of the sentence imposed under s. 973.01, as modified by the department under sub. (9h), as modified under s. 302.1135 by the earned release review commission in the manner specified in s. 302.1135 (6) (a), or as modified by the sentencing court under sub. (9g) or s. 302.045 (3m) (b) 1., 302.05 (3) (c) 2. a., or 973.195 (1r), or 973.198, if applicable.

SB27-SSA1, s. 1927 Section 1927. 302.113 (2) (b) of the statutes is repealed.