AB40: Bill Text

AB40,2331 Section 2331. 938.355 (4) (am) 4. of the statutes is created to read:

AB40,1000,20 938.355 (4) (am) 4. If the juvenile is a full-time student at a secondary school or its vocational or technical equivalent and if an individualized education program under s. 115.787 is in effect for the juvenile, the date on which the juvenile attains 21 years of age.

AB40,2332 Section 2332. 938.357 (6) of the statutes is renumbered 938.357 (6) (a) and amended to read:

AB40,1001,3 938.357 (6) (a) No change in placement may extend the expiration date of the original order, except that if the change in placement is from a placement in the juvenile's home to a placement in a foster home, group home, or residential care center for children and youth or in the home of a relative who is not a parent, the court may extend the expiration date of the original order to the latest of the following dates, unless the court specifies a shorter period:

AB40,1001,4 1. The date on which the juvenile attains 18 years of age, to the.

AB40,1001,6 2. The date that is one year after the date of on which the change in placement order, or, if is granted.

AB40,1001,10 3. If the juvenile is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before attaining 19 years of age, to the date on which the juvenile attains 19 years of age, whichever is later, or for a shorter period of time as specified by the court.

AB40,1001,17 (b) If the change in placement is from a placement in a foster home, group home, or residential care center for children and youth or in the home of a relative to a placement in the juvenile's home and if the expiration date of the original order is more than one year after the date of the change in placement order, the court shall shorten the expiration date of the original order to the date that is one year after the date of on which the change in placement order is granted or to an earlier date as specified by the court.

AB40,2333 Section 2333. 938.357 (6) (a) 4. of the statutes is created to read:

AB40,1001,22 938.357 (6) (a) 4. If the juvenile is a full-time student at a secondary school or its vocational or technical equivalent and if an individualized education program under s. 115.787 is in effect for the juvenile, the date on which the juvenile reaches 21 years of age.

AB40,2334 Section 2334. 938.365 (5) of the statutes is renumbered 938.365 (5) (a) and amended to read:

AB40,1002,4 938.365 (5) (a) Except as provided in s. 938.368, an order under this section that continues the placement of a juvenile in his or her home or that extends an order under s. 938.34 (4d), (4h), (4m), or (4n) shall be for a specified length of time not to exceed one year after its the date of entry on which the order is granted.

AB40,1002,8 (b) Except as provided in s. 938.368, an order under this section that continues the placement of a juvenile in a foster home, group home, or residential care center for children and youth or in the home of a relative other than a parent shall be for a specified length of time not to exceed the latest of the following dates:

AB40,1002,9 1. The date on which the juvenile attains 18 years of age,.

AB40,1002,10 2. The date that is one year after the date on which the order is granted, or, if.

AB40,1002,14 3. If the juvenile is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before attaining 19 years of age, the date on which the juvenile attains 19 years of age, whichever is later.

AB40,2335 Section 2335. 938.365 (5) (b) 4. of the statutes is created to read:

AB40,1002,19 938.365 (5) (b) 4. If the juvenile is a full-time student at a secondary school or its vocational or technical equivalent and if an individualized education program under s. 115.787 is in effect for the juvenile, the date on which the juvenile attains 21 years of age.

AB40,2336 Section 2336. 938.48 (4) of the statutes is amended to read:

AB40,1003,9 938.48 (4) Care, training, and placement. Provide appropriate care and training for juveniles under its supervision under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (4), including serving those juveniles in their own homes, placing them in licensed foster homes or licensed group homes under s. 48.63 or in independent living situations as provided in s. 938.34 (3) (e), contracting for their care by licensed child welfare agencies, or replacing them in juvenile correctional facilities or secured residential care centers for children and youth in accordance with rules promulgated under ch. 227, except that the department may not purchase the educational component of private day treatment programs for a juvenile in its custody unless the department, the school board, as defined in s. 115.001 (7), and the state superintendent of public instruction all determine that an appropriate public education program is not available for the juvenile. Disputes between the department and the school district shall be resolved by the state superintendent of public instruction.

AB40,2337 Section 2337. 944.21 (8) (b) 3. a. of the statutes is amended to read:

AB40,1003,13 944.21 (8) (b) 3. a. Is a technical college, is a school approved by the educational approval board under s. 38.50 440.55, or is a school described in s. 38.50 440.55 (1) (e) 6., 7. or 8.; and

AB40,2338 Section 2338. 948.11 (4) (b) 3. a. of the statutes is amended to read:

AB40,1003,17 948.11 (4) (b) 3. a. Is a technical college, is a school approved by the educational approval board under s. 38.50 440.55, or is a school described in s. 38.50 440.55 (1) (e) 6., 7. or 8.; and

AB40,2339 Section 2339. 950.06 (2) of the statutes is amended to read:

AB40,1004,2 950.06 (2) The costs of providing services under sub. (1m) shall be paid for by the county, but the county is eligible to receive reimbursement from the state for not more than 90% of the costs incurred in providing those services. The department shall determine the level of services for which a county may be reimbursed. The county board shall file a claim for reimbursement with the department. The department shall reimburse counties under this subsection from the appropriation appropriations under s. 20.455 (5) (k), (kk) and (kp) and, on a semiannual basis, from the appropriations appropriation under s. 20.455 (5) (c) and (g).

AB40,2340 Section 2340. 961.41 (5) (c) 2. of the statutes is amended to read:

AB40,1004,7 961.41 (5) (c) 2. All moneys in excess of $850,000 and up to $1,275,000 plus one-third of moneys in excess of $1,275,000 collected in each fiscal year from drug surcharges under this subsection shall be credited to the appropriation account under s. 20.505 (6) (ku) 20.455 (2) (kv).

AB40,2341 Section 2341. 961.472 (5) (b) of the statutes is amended to read:

AB40,1004,12 961.472 (5) (b) The person is participating in a substance abuse treatment program that meets the requirements of s. 16.964 (12) (c) 165.95 (3), as determined by the office of justice assistance department of justice under s. 16.964 (12) (i) 165.95 (9) and (10).

AB40,2342 Section 2342. 967.11 (1) of the statutes is amended to read:

AB40,1004,17 967.11 (1) In this section, "approved substance abuse treatment program" means a substance abuse treatment program that meets the requirements of s. 16.964 (12) (c) 165.95 (3), as determined by the office of justice assistance department of justice under s. 16.964 (12) (i) 165.95 (9) and (10).

AB40,2343 Section 2343. 970.02 (8) of the statutes is created to read:

AB40,1004,25 970.02 (8) If the offense charged is a felony or an offense under s. 940.225 (3m), 941.20 (1), 944.20, 944.30, 944.31, 944.33 (1), 946.52, or 948.10 (1) (b), the judge shall determine if a biological specimen has been obtained from the defendant under s. 165.84 (7), and, if not, the judge shall direct that a law enforcement agency or tribal law enforcement agency obtain a biological specimen from the defendant and submit it to the state crime laboratories as specified in rules promulgated by the department of justice under s. 165.76 (4).

AB40,2344 Section 2344. 971.17 (1m) (a) of the statutes is amended to read:

AB40,1005,8 971.17 (1m) (a) If the defendant under sub. (1) is found not guilty by reason of mental disease or defect for a felony or a violation of s. 165.765 (1), 2011 stats., or of s. 940.225 (3m), 941.20 (1), 944.20, 944.30, 944.31, 944.33 (1), 946.52, or 948.10 (1) (b), the court shall require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. Biological specimens required under this paragraph shall be obtained and submitted as specified in rules promulgated by the department of justice under s. 165.76 (4).

AB40,2345 Section 2345. 973.042 (3) of the statutes is repealed.

AB40,2346 Section 2346. 973.042 (5) of the statutes is amended to read:

AB40,1005,15 973.042 (5) The secretary of administration shall credit part A of the surcharge to the appropriation account under s. 20.410 (1) (gj). The secretary of administration shall credit part B of the surcharge to the appropriation account under s. 20.455 (2) (5) (gj). The secretary of administration shall credit part C of the surcharge to the appropriation account under s. 20.505 (6) (gj).

AB40,2347 Section 2347. 973.043 (3) of the statutes is amended to read:

AB40,1005,19 973.043 (3) All moneys collected from drug offender diversion surcharges shall be credited to the appropriation account under s. 20.505 (6) (ku) 20.455 (2) (kv) and used for the purpose of making grants to counties under s. 16.964 (12) 165.95.

AB40,2348 Section 2348. 973.045 (1) of the statutes is amended to read:

AB40,1005,25 973.045 (1) If a court imposes a sentence or places a person on probation, the court shall impose a crime victim and witness assistance surcharge . A surcharge imposed under this subsection may not be waived, reduced, or forgiven for any reason. The surcharge is the total amount calculated by adding up the amount for every misdemeanor count and every felony count as follows:

AB40,1006,1 (a) For each misdemeanor offense or count on which a conviction occurred, $67.

AB40,1006,2 (b) For each felony offense or count on which a conviction occurred, $92.

AB40,2349 Section 2349. 973.045 (1r) of the statutes is repealed.

AB40,2350 Section 2350. 973.045 (2) of the statutes is amended to read:

AB40,1006,10 973.045 (2) After the clerk determines the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration under s. 59.25 (3) (f) 2. The secretary of administration shall credit to the appropriation account under s. 20.455 (5) (g) the amount paid to the secretary by the county treasurer under this subsection and any amount collected under sub. (4).

AB40,2351 Section 2351. 973.045 (2m) of the statutes is repealed.

AB40,2352 Section 2352. 973.045 (3) of the statutes is repealed.

AB40,2353 Section 2353. 973.046 (1g) of the statutes is repealed.

AB40,2354 Section 2354. 973.046 (1r) of the statutes is renumbered 973.046 (1r) (intro.) and amended to read:

AB40,1006,19 973.046 (1r) (intro.) If a court imposes a sentence or places a person on probation for a violation of s. 940.225, 948.02 (1) or (2), 948.025, 948.085, the court shall impose a deoxyribonucleic acid analysis surcharge of $250., calculated as follows:

AB40,2355 Section 2355. 973.046 (1r) (a) and (b) of the statutes are created to read:

AB40,1006,21 973.046 (1r) (a) For each conviction for a felony, $250.

AB40,1006,22 (b) For each conviction for a misdemeanor, $200.

AB40,2356 Section 2356. 973.047 (1f) of the statutes is amended to read:

AB40,1007,2 973.047 (1f) If a court imposes a sentence or places a person on probation for a felony conviction or for a conviction for a violation of s. 165.765 (1), 940.225 (3m), 944.20, or 948.10 (1) (b), the court shall require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis.

AB40,2357 Section 2357. 973.047 (1m) of the statutes is amended to read:

AB40,1007,7 973.047 (1m) The results from deoxyribonucleic acid analysis of a specimen provided under this section may be used only as authorized under s. 165.77 (3). The state crime laboratories shall destroy any such specimen in accordance with s. 165.77 (3).

AB40,2358 Section 2358. 973.047 (2) of the statutes is amended to read:

AB40,1007,14 973.047 (2) The department of justice shall promulgate rules providing for procedures for defendants to provide specimens when Biological samples required to do so under this section and for the transportation of those specimens to the state crime laboratories for analysis under s. 165.77 sub. (1f) shall be obtained and submitted as specified in rules promulgated by the department of justice under s. 165.76 (4).

AB40,2359 Section 2359. 973.09 (3) (bg) of the statutes is created to read:

AB40,1007,25 973.09 (3) (bg) 1. At least 90 days before the expiration date of a probationer's period of probation, the department shall notify the sentencing court and district attorney that a probationer owes an unpaid surcharge imposed under s. 973.045. Upon receiving notice from the department, the court shall schedule a probation review hearing to be held before the expiration date of the period of probation unless the probationer either pays the unpaid surcharge before the scheduled hearing date or voluntarily waives the hearing. A waiver of a probation review hearing under this paragraph must include an acknowledgment by the probationer that waiver may result in an extension of the probation period, a modification of the terms and conditions of probation, or a revocation of probation.

AB40,1008,4 2. If the court does not extend probation, the court shall issue a judgment for the unpaid surcharge and direct the clerk of circuit court to file and enter the judgment in the judgment and lien docket. The judgment has the same force and effect as judgments entered under s. 806.10.

AB40,1008,10 3. At a probation review hearing scheduled under subd. 1., the department has the burden of proving that the probationer owes an unpaid surcharge imposed under s. 973.045 and the amount of the unpaid surcharge. If the department proves by a preponderance of the evidence that the probationer owes an unpaid surcharge under s. 973.045, the court may, by order, extend the period of probation for a stated period or modify the terms and conditions of probation.

AB40,1008,17 4. If the court does not extend or modify the terms of probation under subd. 3., the court shall issue a judgment for the unpaid surcharge and direct the clerk of circuit court to file and enter the judgment in the judgment and lien docket without fee. If the court issues a judgment for the unpaid surcharge, the court shall send to the department a written notification that a civil judgment has been issued for the unpaid fees. The judgment has the same force and effect as judgments entered under s. 806.10.

AB40,2360 Section 2360. 973.155 (1m) of the statutes is amended to read:

AB40,1008,24 973.155 (1m) A convicted offender shall be given credit toward the service of his or her sentence for all days spent in custody as part of a substance abuse treatment program that meets the requirements of s. 16.964 (12) (c) 165.95 (3), as determined by the office of justice assistance department of justice under s. 16.964 (12) (i) 165.95 (9) and (10), for any offense arising out of the course of conduct that led to the person's placement in that program.

AB40,2361 Section 2361. 980.063 (1) (b) of the statutes is amended to read:

AB40,1009,3 980.063 (1) (b) The results from deoxyribonucleic acid analysis of a specimen under par. (a) may be used only as authorized under s. 165.77 (3). The state crime laboratories shall destroy any such specimen in accordance with s. 165.77 (3).

AB40,2362 Section 2362. 980.063 (2) of the statutes is amended to read:

AB40,1009,9 980.063 (2) The department of justice shall promulgate rules providing for procedures for defendants to provide specimens Biological samples required under sub. (1) and for the transportation of those specimens to the state crime laboratories for analysis under s. 165.77 (a) shall be obtained and submitted as specified in rules promulgated by the department of justice under s. 165.76 (4).

AB40,2363 Section 2363. 995.10 (1) (i) 1. d. of the statutes is created to read:

AB40,1009,14 995.10 (1) (i) 1. d. Owns an automated roll-your-own machine that is used to make cigarettes, not including an individual who owns a roll-your-own machine and uses the machine in his or her home solely to make cigarettes for his or her personal use or for the use of other individuals who live in his or her home.

AB40,2364 Section 2364. 2011 Wisconsin Act 32, section 9219 (1u) is amended to read:

AB40,1009,22 [2011 Wisconsin Act 32] Section 9219 (1u) Appropriation lapses and reestimates. The governor shall take actions during the 2011-13 and 2013-15 fiscal biennia fiscal biennium to ensure that from general purpose revenue appropriations to the office of the governor under section 20.525 of the statutes an amount equal to $582,200 is lapsed from sum certain appropriation accounts or is subtracted from the expenditure estimates for any other types of appropriations, or both, in each that fiscal biennium.

AB40,2365 Section 2365. 2011 Wisconsin Act 32, section 9255 (1) (b) is amended to read:

AB40,1010,13 [2011 Wisconsin Act 32] Section 9255 (1) (b) Notwithstanding section 20.001 (3) (a) to (c) of the statutes, but subject to paragraph (e), the secretary of administration shall lapse to the general fund from the unencumbered balances of general purpose revenue and program revenue appropriations to executive branch state agencies, other than sum sufficient appropriations and appropriations of federal revenues, an amount equal to $174,300,000 in the 2011-13 fiscal biennium and $174,300,000 in the 2013-15 fiscal biennium. Before lapsing any moneys under this paragraph, the secretary shall develop a plan for lapsing the moneys and shall submit the plan to the joint committee on finance. If the cochairpersons of the joint committee on finance do not notify the secretary within 14 working days after the date of the submittal of the plan that the committee has scheduled a meeting to review the plan, the plan may be implemented by the secretary. If, within 14 days after the date of the submittal of the plan, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting to review the plan, moneys may be lapsed only after the plan has been approved by the committee.

AB40,2366 Section 2366. 2011 Wisconsin Act 212, section 13 (1) of the statutes is repealed.

AB40,9101 Section 9101. Nonstatutory provisions; Administration.

AB40,1010,17 (1) Transfer of office of justice assistance.

AB40,1011,5 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the office of justice assistance, except those that are primarily related to administering federal homeland security moneys, or to reintegrating American Indians who have been incarcerated, as determined by the department of administration become the assets and liabilities of the department of justice. On the effective date of this paragraph, the assets and liabilities of the office of justice assistance that are primarily related to administering federal homeland security moneys, and not related to interoperable communications, as determined by the department of administration, become the assets and liabilities of the department of military affairs. On the effective date of this paragraph, the assets and liabilities of the office of justice assistance that are primarily related to the reintegration of American Indians who have been incarcerated, as determined by the department of administration, become the assets and liabilities of the department of corrections.

AB40,1011,19 (b) Employee transfers. On the effective date of this paragraph, the incumbents holding those positions in the department of administration performing duties that are primarily related to the office of justice assistance, except those positions performing duties that are primarily related to administering federal homeland security moneys, or to reintegrating American Indians who have been incarcerated, as determined by the department of administration, are transferred to the department of justice. On the effective date of this paragraph, the incumbents holding those positions that are primarily related to administering federal homeland security moneys, and not related to interoperable communications, as determined by the department of administration, are transferred to the department of military affairs. On the effective date of this paragraph, the incumbents holding those positions that are primarily related to reintegrating American Indians who have been incarcerated, as determined by the department of administration, are transferred to the department of corrections.

AB40,1012,2 (c) Employee status. Employees transferred under paragraph (b ) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of justice, the department of military affairs, or the department of corrections, whichever is applicable, that they enjoyed in the office of justice assistance immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

AB40,1012,16 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the office of justice assistance, except property that is primarily related to administering federal homeland security moneys, or property that is primarily related to reintegrating American Indians who have been incarcerated, as determined by the department of administration, is transferred to the department of justice. On the effective date of this paragraph, all tangible personal property, including records, of the office of justice assistance that is primarily related to administering federal homeland security moneys, and not related to interoperable communications, as determined by the department of administration, is transferred to the department of military affairs. On the effective date of this paragraph, all tangible personal property, including records, of the office of justice assistance that is primarily related to reintegrating American Indians who have been incarcerated, as determined by the department of administration, is transferred to the department of corrections.

AB40,1012,17 (e) Contracts.

AB40,1012,25 1. All contracts entered into by the office of justice assistance in effect on the effective date of this subdivision, except contracts that are primarily related to administering federal homeland security moneys, or are primarily related to reintegrating American Indians who have been incarcerated, as determined by the department of administration, remain in effect and are transferred to the department of justice. The department of justice shall carry out any such contractual obligations unless modified or rescinded by the department of justice to the extent allowed under the contract.

AB40,1013,7 2. All contracts entered into by the office of justice assistance in effect on the effective date of this subdivision that are primarily related to administering federal homeland security moneys, and not related to interoperable communications, as determined by the department of administration, remain in effect and are transferred to the department of military affairs. The department of military affairs shall carry out any such contractual obligations unless modified or rescinded by the department of military affairs to the extent allowed under the contract.