AB40: Bill Text

AB40, s. 3523 Section 3523. 938.344 (2g) (a) 3. of the statutes is amended to read:

AB40,1265,12 938.344 (2g) (a) 3. Participate in a court-approved pupil assistance program provided by the juvenile's school board or in a court-approved alcohol or other drug abuse education program. The juvenile's participation in a court-approved pupil assistance program under this subdivision is subject to the approval of the juvenile's school board.

AB40, s. 3524 Section 3524. 938.344 (2g) (c) of the statutes is amended to read:

AB40,1265,22 938.344 (2g) (c) If the juvenile completes the alcohol or other drug abuse treatment program, court-approved pupil assistance program or court-approved alcohol or other drug abuse education program, the approved treatment facility, court-approved pupil assistance program or court-approved alcohol or other drug abuse education program shall, with the written informed consent of the juvenile or, if the juvenile has not attained the age of 12, the written informed consent of the juvenile's parent, notify the agency primarily responsible for providing services to the juvenile that the juvenile has complied with the order and the court shall notify the juvenile of whether or not the penalty will be reinstated.

AB40, s. 3525 Section 3525. 938.344 (2g) (d) of the statutes is amended to read:

AB40,1266,8 938.344 (2g) (d) If an approved treatment facility , court-approved pupil assistance program, or court-approved alcohol or other drug abuse education program, with the written informed consent of the juvenile or, if the juvenile has not attained the age of 12, the written informed consent of the juvenile's parent, notifies the agency primarily responsible for providing services to the juvenile that a juvenile is not participating, or has not satisfactorily completed, a recommended alcohol or other drug abuse treatment program, a court-approved pupil assistance program, or a court-approved alcohol or other drug abuse education program, the court shall hold a hearing to determine whether to impose the penalties under sub. (2), (2b), (2d), or (2e).

AB40, s. 3526 Section 3526. 938.345 (2) of the statutes is amended to read:

AB40,1266,17 938.345 (2) School dropouts and habitual truants. If the court finds that a juvenile is in need of protection or services based on the fact that the juvenile is a school dropout, as defined in s. 118.153 (1) (b) 115.001 (2m), or based on habitual truancy, and the court also finds that the juvenile has dropped out of school or is a habitual truant as a result of the juvenile's intentional refusal to attend school rather than the failure of any other person to comply with s. 118.15 (1) (a) and (am), the court, instead of or in addition to any other disposition imposed under sub. (1), may enter an order permitted under s. 938.342.

AB40, s. 3527 Section 3527. 938.78 (2) (g) of the statutes is amended to read:

AB40,1267,7 938.78 (2) (g) Paragraph (a) does not prohibit an agency from disclosing information about an individual in its care or legal custody on the written request of the department of regulation and licensing safety and professional services or of any interested examining board or affiliated credentialing board in that department for use in any investigation or proceeding relating to any alleged misconduct by any person who is credentialed or who is seeking credentialing under ch. 448, 455 or 457. Unless authorized by an order of the court, the department of regulation and licensing safety and professional services and any examining board or affiliated credentialing board in that department shall keep confidential any information obtained under this paragraph and may not disclose the name of or any other identifying information about the individual who is the subject of the information disclosed, except to the extent that redisclosure of that information is necessary for the conduct of the investigation or proceeding for which that information was obtained.

AB40, s. 3528 Section 3528. 940.20 (7) (a) 3. of the statutes is amended to read:

AB40,1267,12 940.20 (7) (a) 3. "Health care provider" means any person who is licensed, registered, permitted or certified by the department of health services or the department of regulation and licensing safety and professional services to provide health care services in this state.

AB40, s. 3529 Section 3529. 940.207 (title) of the statutes is amended to read:

AB40,1267,15 940.207 (title) Battery or threat to department of commerce safety and professional services or department of workforce development employee.

AB40, s. 3530 Section 3530. 940.207 (2) (intro.) of the statutes is amended to read:

AB40,1267,21 940.207 (2) (intro.) Whoever intentionally causes bodily harm or threatens to cause bodily harm to the person or family member of any department of commerce safety and professional services or department of workforce development official, employee or agent under all of the following circumstances is guilty of a Class H felony:

AB40, s. 3531 Section 3531. 940.207 (2) (a) of the statutes is amended to read:

AB40,1268,2 940.207 (2) (a) At the time of the act or threat, the actor knows or should have known that the victim is a department of commerce safety and professional services or department of workforce development official, employee or agent or a member of his or her family.

AB40, s. 3532 Section 3532. 940.22 (1) (a) of the statutes is amended to read:

AB40,1268,5 940.22 (1) (a) "Department" means the department of regulation and licensing safety and professional services.

AB40, s. 3533 Section 3533. 946.13 (12) (b) (intro.) of the statutes is amended to read:

AB40,1268,10 946.13 (12) (b) (intro.) Subsection (1) does not apply to a contract between a research company and the University of Wisconsin System or any institution or college campus within the system for purchase of goods or services, including research, if all of the following apply:

AB40, s. 3534 Section 3534. 946.13 (13) of the statutes is created to read:

AB40,1268,14 946.13 (13) (a) In this subsection, "research company" means an entity engaged in commercial activity that is related to research conducted by an employee or officer of the University of Wisconsin–Madison or to a product of such research.

AB40,1268,17 (b) Subsection (1) does not apply to a contract between a research company and the University of Wisconsin–Madison for purchase of goods or services, including research, if all of the following apply:

AB40,1268,19 1. The contract is approved by a University of Wisconsin–Madison employee or officer responsible for evaluating and managing potential conflicts of interest.

AB40,1268,20 2. Either of the following apply:

AB40,1268,22 a. The contract together with all other contracts between the same parties require less than $250,000 in payments over a 24-month period.

AB40,1269,2 b. The University of Wisconsin–Madison submits the contract to the Board of Trustees of the University of Wisconsin–Madison and, within 45 days, the Board of Trustees determines that the contract benefits the state and any conflicts of interest are appropriately managed by the University of Wisconsin–Madison.

AB40,1269,4 (c) Paragraphs (a) and (b) apply regardless of the date on which a contract was entered into.

AB40, s. 3535 Section 3535. 950.04 (1v) (f) of the statutes is amended to read:

AB40,1269,8 950.04 (1v) (f) To have the earned release review parole commission make a reasonable attempt to notify the victim of applications for parole or release to extended supervision, as provided under s. 304.06 (1).

AB40, s. 3536 Section 3536. 950.04 (1v) (g) of the statutes is amended to read:

AB40,1269,12 950.04 (1v) (g) To have reasonable attempts made to notify the victim of hearings or court proceedings, as provided under ss. 302.113 (9g) (g) 2., 302.114 (6), 938.27 (4m) and (6), 938.273 (2), 971.095 (3) and 972.14 (3) (b).

AB40, s. 3537 Section 3537. 950.04 (1v) (gm) of the statutes is amended to read:

AB40,1269,18 950.04 (1v) (gm) To have reasonable attempts made to notify the victim of an offender who submits a petition petitions for sentence adjustment as provided under s. 973.195 (1r) (d), an offender who applies for release to extended supervision under s. 302.113 (2) (b), 302.1135, or 304.06 (1), or an offender who applies for a reduction under s. 973.01 (4m) or 973.198.

AB40, s. 3538 Section 3538. 950.04 (1v) (nt) of the statutes is amended to read:

AB40,1269,22 950.04 (1v) (nt) To attend a hearing on a petition for modification of a bifurcated sentence and provide a statement concerning modification of the bifurcated sentence, as provided under s. 302.1135 (4) 302.113 (9g) (d).

AB40, s. 3539 Section 3539. 951.01 (3f) of the statutes is amended to read:

AB40,1269,25 951.01 (3f) "Fire department" includes a volunteer fire department and a department under s. 60.553, 61.66, or 62.13 (2e).

AB40, s. 3540 Section 3540. 961.01 (20g) of the statutes is amended to read:

AB40,1270,4 961.01 (20g) "Public housing project" means any housing project or development administered by a housing authority, as defined in s. 560.9801 234.5601 (2).

AB40, s. 3541 Section 3541. 961.36 (1m) of the statutes is amended to read:

AB40,1270,12 961.36 (1m) At the request of the department of regulation and licensing safety and professional services or a board, examining board or affiliated credentialing board in the department of regulation and licensing safety and professional services, the controlled substances board shall provide advice and assistance in matters related to the controlled substances law to the department or to the board, examining board or affiliated credentialing board in the department making the request for advice or assistance.

AB40, s. 3542 Section 3542. 973.01 (3d) of the statutes is repealed.

AB40, s. 3543 Section 3543. 973.01 (4) of the statutes is amended to read:

AB40,1270,21 973.01 (4) Extension No good time; extension or reduction of term of imprisonment. A person sentenced to a bifurcated sentence under sub. (1) shall serve the term of confinement in prison portion of the sentence without reduction for good behavior. The term of confinement in prison portion is subject to extension under s. 302.113 (3) and, if applicable, to reduction under s. 302.045 (3m), 302.05 (3) (c) 2. a., 302.113 (9g), or 973.195 (1r), or adjustment under s. 302.113 (2) (b), 302.1135 (6) (a), or 304.06 (1) or 973.198.

AB40, s. 3544 Section 3544. 973.01 (4m) of the statutes is repealed.

AB40, s. 3545 Section 3545. 973.01 (7) of the statutes is amended to read:

AB40,1271,3 973.01 (7) Discharge No discharge. The department of corrections shall may not discharge a person who is serving a bifurcated sentence from custody, control and supervision when until the person has served the entire bifurcated sentence, as modified under sub. (4m) or s. 302.113 (2) (b) or (9h), 302.1135, or 304.06 (1), if applicable.

AB40, s. 3546 Section 3546. 973.031 of the statutes is repealed.

AB40, s. 3547 Section 3547. 973.045 (1r) (a) (intro.) of the statutes is amended to read:

AB40,1271,7 973.045 (1r) (a) (intro.) The clerk shall record any crime victim and witness surcharge imposed under sub. (1) in 2 parts as follows:

AB40, s. 3548 Section 3548. 973.045 (1r) (a) 2. of the statutes is amended to read:

AB40,1271,10 973.045 (1r) (a) 2. Part B equals $27 $20 for each misdemeanor offense or count and $27 $20 for each felony offense or count.

AB40, s. 3549 Section 3549. 973.045 (1r) (a) 3. of the statutes is created to read:

AB40,1271,13 973.045 (1r) (a) 3. Part C equals $7 for each misdemeanor offense or count and $7 for each felony offense or count.

AB40, s. 3550 Section 3550. 973.045 (2m) of the statutes, as affected by 2009 Wisconsin Act 28, section 3391c, is amended to read:

AB40,1271,18 973.045 (2m) (a) The secretary of administration shall credit to the appropriation account under s. 20.455 (5) (gc) the first $20 of part B of the crime victim and witness surcharge.

AB40,1271,22 (b) The secretary of administration shall credit to the appropriation account under s. 20.455 (5) (g) part A of the crime victim and witness surcharge and any part of part B C of the crime victim and witness surcharge that remains after the secretary of administration complies with par. (a).

AB40, s. 3551 Section 3551. 973.045 (3) (c) of the statutes is created to read:

AB40,1272,3 973.045 (3) (c) The person paying the crime victim and witness surcharge shall pay all of the moneys due under part A and part B before he or she pays any of the moneys due under part C.

AB40, s. 3552 Section 3552. 973.05 (2m) (dg) of the statutes is created to read:

AB40,1272,6 973.05 (2m) (dg) To payment of part C of the crime victim and witness assistance surcharge until paid in full.

AB40, s. 3553 Section 3553. 973.09 (3) (d) of the statutes is repealed.

AB40, s. 3554 Section 3554. 973.195 (1r) (a) of the statutes is amended to read:

AB40,1272,15 973.195 (1r) (a) An Except as provided in s. 973.198, an inmate who is serving a sentence imposed under s. 973.01 before October 1, 2009, for a crime other than a Class B felony may petition the sentencing court to adjust the sentence if the inmate has served at least the applicable percentage of the term of confinement in prison portion of the sentence. If an inmate is subject to more than one sentence imposed under this section, the sentences shall be treated individually for purposes of sentence adjustment under this subsection.

AB40, s. 3555 Section 3555. 973.195 (1r) (j) of the statutes is repealed.

AB40, s. 3556 Section 3556. 973.198 of the statutes is created to read:

AB40,1272,23 973.198 Sentence adjustment; positive adjustment time. (1) Subject to sub. (2), an inmate who is serving a sentence imposed under s. 973.01 on or after October 1, 2009, but before the effective date of this subsection .... [LRB inserts date], and who has earned positive adjustment time under s. 302.113, 2009 stats., or under s. 304.06, 2009 stats., may petition the sentencing court to adjust the sentence under this section.

AB40,1273,4 (2) When the department of corrections determines that an inmate has served the confinement portion of his or her sentence less positive adjustment time earned between October 1, 2009, and the effective date of this subsection .... [LRB inserts date], the inmate may petition the sentencing court to adjust his or her sentence based on the number of days of positive adjustment time the inmate claims that he or she has earned.

AB40,1273,7 (3) Within 60 days of receipt of a petition filed under sub. (2), the sentencing court shall either deny the petition or hold a hearing and issue an order relating to the inmate's sentence adjustment and release to extended supervision.

AB40,1273,10 (4) At the hearing under sub. (3), the court may consider the inmate's conduct in prison, his or her level of risk of reoffending, based on a verified, objective instrument, and the nature of the offense committed by the inmate.

AB40,1273,15 (5) If the court determines that the inmate has earned positive adjustment time, the court may reduce the term of confinement in prison by the amount of time remaining in the term of confinement in prison portion of the sentence, less up to 30 days, and shall lengthen the term of extended supervision so that the total length of the bifurcated sentence originally imposed does not change.

AB40,1273,17 (6) An inmate who submits a petition under this section may not apply for adjustment of the same sentence under s. 973.195.

AB40, s. 3557 Section 3557. 974.07 (4) (b) of the statutes is amended to read:

AB40,1274,2 974.07 (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 earned release review parole 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).

AB40, s. 3558 Section 3558. 976.03 (23) (c) of the statutes is amended to read:

AB40,1274,15 976.03 (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, earned release review parole 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.

AB40, s. 3559 Section 3559. 977.01 (2) of the statutes is amended to read:

AB40,1274,21 977.01 (2) "Public assistance" means relief provided by counties under s. 59.53 (21), Wisconsin works Works under ss. 49.141 to 49.161, medical assistance under subch. IV of ch. 49, low-income energy assistance under s. 16.27, weatherization assistance under s. 16.26, and the food stamp supplemental nutrition assistance program under 7 USC 2011 to 2029 2036.

AB40, s. 3560 Section 3560. 977.05 (4) (jm) of the statutes is amended to read:

AB40,1275,3 977.05 (4) (jm) At the request of an inmate determined by the state public defender to be indigent or upon referral of the department of corrections a court under s. 302.1135 (10) 302.113 (9g) (j), represent the inmate in proceedings for modification of a bifurcated sentence under s. 302.1135 before the earned release review commission 302.113 (9g) before a program review committee and the sentencing court, if the state public defender determines the case should be pursued.

AB40, s. 3561 Section 3561. 978.05 (6) (b) of the statutes is amended to read:

AB40,1275,7 978.05 (6) (b) Enforce the provisions of all general orders of the department of commerce safety and professional services relating to the sale, transportation and storage of explosives.

AB40, s. 3562 Section 3562. 990.01 (7g) of the statutes is amended to read:

AB40,1275,10 990.01 (7g) Fire chief. "Fire chief" or "chief of a fire department" includes the chief of a department under s. 60.553, 61.66, or 62.13 (2e).

AB40, s. 3563 Section 3563. 990.01 (7m) of the statutes is amended to read:

AB40,1275,13 990.01 (7m) Fire department. "Fire department" includes a department under s. 60.553, 61.66, or 62.13 (2e).