AB40,2331 16Section 2331. 938.355 (4) (am) 4. of the statutes is created to read:
AB40,1000,2017 938.355 (4) (am) 4. If the juvenile is a full-time student at a secondary school
18or its vocational or technical equivalent and if an individualized education program
19under s. 115.787 is in effect for the juvenile, the date on which the juvenile attains
2021 years of age.
AB40,2332 21Section 2332. 938.357 (6) of the statutes is renumbered 938.357 (6) (a) and
22amended to read:
AB40,1001,323 938.357 (6) (a) No change in placement may extend the expiration date of the
24original order, except that if the change in placement is from a placement in the
25juvenile's home to a placement in a foster home, group home, or residential care

1center for children and youth or in the home of a relative who is not a parent, the court
2may extend the expiration date of the original order to the latest of the following
3dates, unless the court specifies a shorter period:
AB40,1001,4 41. The date on which the juvenile attains 18 years of age, to the.
AB40,1001,6 52. The date that is one year after the date of on which the change in placement
6order, or, if is granted.
AB40,1001,10 73. If the juvenile is a full-time student at a secondary school or its vocational
8or technical equivalent and is reasonably expected to complete the program before
9attaining 19 years of age, to the date on which the juvenile attains 19 years of age,
10whichever is later, or for a shorter period of time as specified by the court
.
AB40,1001,17 11(b) If the change in placement is from a placement in a foster home, group home,
12or residential care center for children and youth or in the home of a relative to a
13placement in the juvenile's home and if the expiration date of the original order is
14more than one year after the date of the change in placement order, the court shall
15shorten the expiration date of the original order to the date that is one year after the
16date of on which the change in placement order is granted or to an earlier date as
17specified by the court.
AB40,2333 18Section 2333. 938.357 (6) (a) 4. of the statutes is created to read:
AB40,1001,2219 938.357 (6) (a) 4. If the juvenile is a full-time student at a secondary school or
20its vocational or technical equivalent and if an individualized education program
21under s. 115.787 is in effect for the juvenile, the date on which the juvenile reaches
2221 years of age.
AB40,2334 23Section 2334. 938.365 (5) of the statutes is renumbered 938.365 (5) (a) and
24amended to read:
AB40,1002,4
1938.365 (5) (a) Except as provided in s. 938.368, an order under this section that
2continues the placement of a juvenile in his or her home or that extends an order
3under s. 938.34 (4d), (4h), (4m), or (4n) shall be for a specified length of time not to
4exceed one year after its the date of entry on which the order is granted.
AB40,1002,8 5(b) Except as provided in s. 938.368, an order under this section that continues
6the placement of a juvenile in a foster home, group home, or residential care center
7for children and youth or in the home of a relative other than a parent shall be for
8a specified length of time not to exceed the latest of the following dates:
AB40,1002,9 91. The date on which the juvenile attains 18 years of age,.
AB40,1002,10 102. The date that is one year after the date on which the order is granted, or, if.
AB40,1002,14 113. If the juvenile is a full-time student at a secondary school or its vocational
12or technical equivalent and is reasonably expected to complete the program before
13attaining 19 years of age, the date on which the juvenile attains 19 years of age,
14whichever is later
.
AB40,2335 15Section 2335. 938.365 (5) (b) 4. of the statutes is created to read:
AB40,1002,1916 938.365 (5) (b) 4. If the juvenile is a full-time student at a secondary school or
17its vocational or technical equivalent and if an individualized education program
18under s. 115.787 is in effect for the juvenile, the date on which the juvenile attains
1921 years of age.
AB40,2336 20Section 2336. 938.48 (4) of the statutes is amended to read:
AB40,1003,921 938.48 (4) Care, training, and placement. Provide appropriate care and
22training for juveniles under its supervision under s. 938.183, 938.34 (4h), (4m), or
23(4n), or 938.357 (4), including serving those juveniles in their own homes, placing
24them in licensed foster homes or licensed group homes under s. 48.63 or in
25independent living situations as provided in s. 938.34 (3) (e)
, contracting for their

1care by licensed child welfare agencies, or replacing them in juvenile correctional
2facilities or secured residential care centers for children and youth in accordance
3with rules promulgated under ch. 227, except that the department may not purchase
4the educational component of private day treatment programs for a juvenile in its
5custody unless the department, the school board, as defined in s. 115.001 (7), and the
6state superintendent of public instruction all determine that an appropriate public
7education program is not available for the juvenile. Disputes between the
8department and the school district shall be resolved by the state superintendent of
9public instruction.
AB40,2337 10Section 2337. 944.21 (8) (b) 3. a. of the statutes is amended to read:
AB40,1003,1311 944.21 (8) (b) 3. a. Is a technical college, is a school approved by the educational
12approval board under s. 38.50 440.55, or is a school described in s. 38.50 440.55 (1)
13(e) 6., 7. or 8.; and
AB40,2338 14Section 2338. 948.11 (4) (b) 3. a. of the statutes is amended to read:
AB40,1003,1715 948.11 (4) (b) 3. a. Is a technical college, is a school approved by the educational
16approval board under s. 38.50 440.55, or is a school described in s. 38.50 440.55 (1)
17(e) 6., 7. or 8.; and
AB40,2339 18Section 2339. 950.06 (2) of the statutes is amended to read:
AB40,1004,219 950.06 (2) The costs of providing services under sub. (1m) shall be paid for by
20the county, but the county is eligible to receive reimbursement from the state for not
21more than 90% of the costs incurred in providing those services. The department
22shall determine the level of services for which a county may be reimbursed. The
23county board shall file a claim for reimbursement with the department. The
24department shall reimburse counties under this subsection from the appropriation

1appropriations under s. 20.455 (5) (k), (kk) and (kp) and, on a semiannual basis, from
2the appropriations appropriation under s. 20.455 (5) (c) and (g).
AB40,2340 3Section 2340. 961.41 (5) (c) 2. of the statutes is amended to read:
AB40,1004,74 961.41 (5) (c) 2. All moneys in excess of $850,000 and up to $1,275,000 plus
5one-third of moneys in excess of $1,275,000 collected in each fiscal year from drug
6surcharges under this subsection shall be credited to the appropriation account
7under s. 20.505 (6) (ku) 20.455 (2) (kv).
AB40,2341 8Section 2341. 961.472 (5) (b) of the statutes is amended to read:
AB40,1004,129 961.472 (5) (b) The person is participating in a substance abuse treatment
10program that meets the requirements of s. 16.964 (12) (c) 165.95 (3), as determined
11by the office of justice assistance department of justice under s. 16.964 (12) (i) 165.95
12(9) and (10)
.
AB40,2342 13Section 2342. 967.11 (1) of the statutes is amended to read:
AB40,1004,1714 967.11 (1) In this section, "approved substance abuse treatment program"
15means a substance abuse treatment program that meets the requirements of s.
1616.964 (12) (c) 165.95 (3), as determined by the office of justice assistance department
17of justice
under s. 16.964 (12) (i) 165.95 (9) and (10).
AB40,2343 18Section 2343. 970.02 (8) of the statutes is created to read:
AB40,1004,2519 970.02 (8) If the offense charged is a felony or an offense under s. 940.225 (3m),
20941.20 (1), 944.20, 944.30, 944.31, 944.33 (1), 946.52, or 948.10 (1) (b), the judge shall
21determine if a biological specimen has been obtained from the defendant under s.
22165.84 (7), and, if not, the judge shall direct that a law enforcement agency or tribal
23law enforcement agency obtain a biological specimen from the defendant and submit
24it to the state crime laboratories as specified in rules promulgated by the department
25of justice under s. 165.76 (4).
AB40,2344
1Section 2344. 971.17 (1m) (a) of the statutes is amended to read:
AB40,1005,82 971.17 (1m) (a) If the defendant under sub. (1) is found not guilty by reason of
3mental disease or defect for a felony or a violation of s. 165.765 (1), 2011 stats., or of
4s.
940.225 (3m), 941.20 (1), 944.20, 944.30, 944.31, 944.33 (1), 946.52, or 948.10 (1)
5(b)
, the court shall require the person to provide a biological specimen to the state
6crime laboratories for deoxyribonucleic acid analysis. Biological specimens required
7under this paragraph shall be obtained and submitted as specified in rules
8promulgated by the department of justice under s. 165.76 (4).
AB40,2345 9Section 2345. 973.042 (3) of the statutes is repealed.
AB40,2346 10Section 2346. 973.042 (5) of the statutes is amended to read:
AB40,1005,1511 973.042 (5) The secretary of administration shall credit part A of the surcharge
12to the appropriation account under s. 20.410 (1) (gj). The secretary of administration
13shall credit part B of
the surcharge to the appropriation account under s. 20.455 (2)
14(5) (gj). The secretary of administration shall credit part C of the surcharge to the
15appropriation account under s. 20.505 (6) (gj).
AB40,2347 16Section 2347. 973.043 (3) of the statutes is amended to read:
AB40,1005,1917 973.043 (3) All moneys collected from drug offender diversion surcharges shall
18be credited to the appropriation account under s. 20.505 (6) (ku) 20.455 (2) (kv) and
19used for the purpose of making grants to counties under s. 16.964 (12) 165.95.
AB40,2348 20Section 2348. 973.045 (1) of the statutes is amended to read:
AB40,1005,2521 973.045 (1) If a court imposes a sentence or places a person on probation, the
22court shall impose a crime victim and witness assistance surcharge . A surcharge
23imposed under this subsection may not be waived, reduced, or forgiven for any
24reason. The surcharge is the total amount
calculated by adding up the amount for
25every misdemeanor count and every felony count
as follows:
AB40,1006,1
1(a) For each misdemeanor offense or count on which a conviction occurred, $67.
AB40,1006,22 (b) For each felony offense or count on which a conviction occurred, $92.
AB40,2349 3Section 2349. 973.045 (1r) of the statutes is repealed.
AB40,2350 4Section 2350. 973.045 (2) of the statutes is amended to read:
AB40,1006,105 973.045 (2) After the clerk determines the amount due, the clerk of court shall
6collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The
7county treasurer shall then make payment to the secretary of administration under
8s. 59.25 (3) (f) 2. The secretary of administration shall credit to the appropriation
9account under s. 20.455 (5) (g) the amount paid to the secretary by the county
10treasurer under this subsection and any amount collected under sub. (4).
AB40,2351 11Section 2351. 973.045 (2m) of the statutes is repealed.
AB40,2352 12Section 2352. 973.045 (3) of the statutes is repealed.
AB40,2353 13Section 2353. 973.046 (1g) of the statutes is repealed.
AB40,2354 14Section 2354. 973.046 (1r) of the statutes is renumbered 973.046 (1r) (intro.)
15and amended to read:
AB40,1006,1916 973.046 (1r) (intro.) If a court imposes a sentence or places a person on
17probation for a violation of s. 940.225, 948.02 (1) or (2), 948.025, 948.085, the court
18shall impose a deoxyribonucleic acid analysis surcharge of $250., calculated as
19follows:
AB40,2355 20Section 2355. 973.046 (1r) (a) and (b) of the statutes are created to read:
AB40,1006,2121 973.046 (1r) (a) For each conviction for a felony, $250.
AB40,1006,2222 (b) For each conviction for a misdemeanor, $200.
AB40,2356 23Section 2356. 973.047 (1f) of the statutes is amended to read:
AB40,1007,224 973.047 (1f) If a court imposes a sentence or places a person on probation for
25a felony conviction or for a conviction for a violation of s. 165.765 (1), 940.225 (3m),

1944.20, or 948.10 (1) (b)
, the court shall require the person to provide a biological
2specimen to the state crime laboratories for deoxyribonucleic acid analysis.
AB40,2357 3Section 2357. 973.047 (1m) of the statutes is amended to read:
AB40,1007,74 973.047 (1m) The results from deoxyribonucleic acid analysis of a specimen
5provided under this section may be used only as authorized under s. 165.77 (3). The
6state crime laboratories shall destroy any such specimen in accordance with s. 165.77
7(3).
AB40,2358 8Section 2358. 973.047 (2) of the statutes is amended to read:
AB40,1007,149 973.047 (2) The department of justice shall promulgate rules providing for
10procedures for defendants to provide specimens when
Biological samples required
11to do so under this section and for the transportation of those specimens to the state
12crime laboratories for analysis under s. 165.77
sub. (1f) shall be obtained and
13submitted as specified in rules promulgated by the department of justice under s.
14165.76 (4)
.
AB40,2359 15Section 2359. 973.09 (3) (bg) of the statutes is created to read:
AB40,1007,2516 973.09 (3) (bg) 1. At least 90 days before the expiration date of a probationer's
17period of probation, the department shall notify the sentencing court and district
18attorney that a probationer owes an unpaid surcharge imposed under s. 973.045.
19Upon receiving notice from the department, the court shall schedule a probation
20review hearing to be held before the expiration date of the period of probation unless
21the probationer either pays the unpaid surcharge before the scheduled hearing date
22or voluntarily waives the hearing. A waiver of a probation review hearing under this
23paragraph must include an acknowledgment by the probationer that waiver may
24result in an extension of the probation period, a modification of the terms and
25conditions of probation, or a revocation of probation.
AB40,1008,4
12. If the court does not extend probation, the court shall issue a judgment for
2the unpaid surcharge and direct the clerk of circuit court to file and enter the
3judgment in the judgment and lien docket. The judgment has the same force and
4effect as judgments entered under s. 806.10.
AB40,1008,105 3. At a probation review hearing scheduled under subd. 1., the department has
6the burden of proving that the probationer owes an unpaid surcharge imposed under
7s. 973.045 and the amount of the unpaid surcharge. If the department proves by a
8preponderance of the evidence that the probationer owes an unpaid surcharge under
9s. 973.045, the court may, by order, extend the period of probation for a stated period
10or modify the terms and conditions of probation.
AB40,1008,1711 4. If the court does not extend or modify the terms of probation under subd. 3.,
12the court shall issue a judgment for the unpaid surcharge and direct the clerk of
13circuit court to file and enter the judgment in the judgment and lien docket without
14fee. If the court issues a judgment for the unpaid surcharge, the court shall send to
15the department a written notification that a civil judgment has been issued for the
16unpaid fees. The judgment has the same force and effect as judgments entered under
17s. 806.10.
AB40,2360 18Section 2360. 973.155 (1m) of the statutes is amended to read:
AB40,1008,2419 973.155 (1m) A convicted offender shall be given credit toward the service of
20his or her sentence for all days spent in custody as part of a substance abuse
21treatment program that meets the requirements of s. 16.964 (12) (c) 165.95 (3), as
22determined by the office of justice assistance department of justice under s. 16.964
23(12) (i)
165.95 (9) and (10), for any offense arising out of the course of conduct that
24led to the person's placement in that program.
AB40,2361 25Section 2361. 980.063 (1) (b) of the statutes is amended to read:
AB40,1009,3
1980.063 (1) (b) The results from deoxyribonucleic acid analysis of a specimen
2under par. (a) may be used only as authorized under s. 165.77 (3). The state crime
3laboratories shall destroy any such specimen in accordance with s. 165.77 (3).
AB40,2362 4Section 2362. 980.063 (2) of the statutes is amended to read:
AB40,1009,95 980.063 (2) The department of justice shall promulgate rules providing for
6procedures for defendants to provide specimens
Biological samples required under
7sub. (1) and for the transportation of those specimens to the state crime laboratories
8for analysis under s. 165.77
(a) shall be obtained and submitted as specified in rules
9promulgated by the department of justice under s. 165.76 (4)
.
AB40,2363 10Section 2363. 995.10 (1) (i) 1. d. of the statutes is created to read:
AB40,1009,1411 995.10 (1) (i) 1. d. Owns an automated roll-your-own machine that is used to
12make cigarettes, not including an individual who owns a roll-your-own machine and
13uses the machine in his or her home solely to make cigarettes for his or her personal
14use or for the use of other individuals who live in his or her home.
AB40,2364 15Section 2364. 2011 Wisconsin Act 32, section 9219 (1u) is amended to read:
AB40,1009,2216[2011 Wisconsin Act 32] Section 9219 (1u) Appropriation lapses and
17reestimates
. The governor shall take actions during the 2011-13 and 2013-15 fiscal
18biennia
fiscal biennium to ensure that from general purpose revenue appropriations
19to the office of the governor under section 20.525 of the statutes an amount equal to
20$582,200 is lapsed from sum certain appropriation accounts or is subtracted from the
21expenditure estimates for any other types of appropriations, or both, in each that
22fiscal biennium.
AB40,2365 23Section 2365. 2011 Wisconsin Act 32, section 9255 (1) (b) is amended to read:
AB40,1010,1324[2011 Wisconsin Act 32] Section 9255 (1) (b) Notwithstanding section 20.001
25(3) (a) to (c) of the statutes, but subject to paragraph (e), the secretary of

1administration shall lapse to the general fund from the unencumbered balances of
2general purpose revenue and program revenue appropriations to executive branch
3state agencies, other than sum sufficient appropriations and appropriations of
4federal revenues, an amount equal to $174,300,000 in the 2011-13 fiscal biennium
5and $174,300,000 in the 2013-15 fiscal biennium. Before lapsing any moneys under
6this paragraph, the secretary shall develop a plan for lapsing the moneys and shall
7submit the plan to the joint committee on finance. If the cochairpersons of the joint
8committee on finance do not notify the secretary within 14 working days after the
9date of the submittal of the plan that the committee has scheduled a meeting to
10review the plan, the plan may be implemented by the secretary. If, within 14 days
11after the date of the submittal of the plan, the cochairpersons of the committee notify
12the secretary that the committee has scheduled a meeting to review the plan, moneys
13may be lapsed only after the plan has been approved by the committee.
AB40,2366 14Section 2366. 2011 Wisconsin Act 212, section 13 (1) of the statutes is
15repealed.
AB40,9101 16Section 9101. Nonstatutory provisions; Administration.
AB40,1010,17 17(1) Transfer of office of justice assistance.
AB40,1011,5 18(a) Assets and liabilities. On the effective date of this paragraph, the assets and
19liabilities of the office of justice assistance, except those that are primarily related
20to administering federal homeland security moneys, or to reintegrating American
21Indians who have been incarcerated, as determined by the department of
22administration become the assets and liabilities of the department of justice. On the
23effective date of this paragraph, the assets and liabilities of the office of justice
24assistance that are primarily related to administering federal homeland security
25moneys, and not related to interoperable communications, as determined by the

1department of administration, become the assets and liabilities of the department
2of military affairs. On the effective date of this paragraph, the assets and liabilities
3of the office of justice assistance that are primarily related to the reintegration of
4American Indians who have been incarcerated, as determined by the department of
5administration, become the assets and liabilities of the department of corrections.
AB40,1011,19 6(b) Employee transfers. On the effective date of this paragraph, the incumbents
7holding those positions in the department of administration performing duties that
8are primarily related to the office of justice assistance, except those positions
9performing duties that are primarily related to administering federal homeland
10security moneys, or to reintegrating American Indians who have been incarcerated,
11as determined by the department of administration, are transferred to the
12department of justice. On the effective date of this paragraph, the incumbents
13holding those positions that are primarily related to administering federal homeland
14security moneys, and not related to interoperable communications, as determined by
15the department of administration, are transferred to the department of military
16affairs. On the effective date of this paragraph, the incumbents holding those
17positions that are primarily related to reintegrating American Indians who have
18been incarcerated, as determined by the department of administration, are
19transferred to the department of corrections.
AB40,1012,2 20(c) Employee status. Employees transferred under paragraph (b ) have all the
21rights and the same status under subchapter V of chapter 111 and chapter 230 of the
22statutes in the department of justice, the department of military affairs, or the
23department of corrections, whichever is applicable, that they enjoyed in the office of
24justice assistance immediately before the transfer. Notwithstanding section 230.28

1(4) of the statutes, no employee so transferred who has attained permanent status
2in class is required to serve a probationary period.
AB40,1012,16 3(d) Tangible personal property. On the effective date of this paragraph, all
4tangible personal property, including records, of the office of justice assistance,
5except property that is primarily related to administering federal homeland security
6moneys, or property that is primarily related to reintegrating American Indians who
7have been incarcerated, as determined by the department of administration, is
8transferred to the department of justice. On the effective date of this paragraph, all
9tangible personal property, including records, of the office of justice assistance that
10is primarily related to administering federal homeland security moneys, and not
11related to interoperable communications, as determined by the department of
12administration, is transferred to the department of military affairs. On the effective
13date of this paragraph, all tangible personal property, including records, of the office
14of justice assistance that is primarily related to reintegrating American Indians who
15have been incarcerated, as determined by the department of administration, is
16transferred to the department of corrections.
AB40,1012,17 17(e) Contracts.
AB40,1012,25 181. All contracts entered into by the office of justice assistance in effect on the
19effective date of this subdivision, except contracts that are primarily related to
20administering federal homeland security moneys, or are primarily related to
21reintegrating American Indians who have been incarcerated, as determined by the
22department of administration, remain in effect and are transferred to the
23department of justice. The department of justice shall carry out any such contractual
24obligations unless modified or rescinded by the department of justice to the extent
25allowed under the contract.
AB40,1013,7
12. All contracts entered into by the office of justice assistance in effect on the
2effective date of this subdivision that are primarily related to administering federal
3homeland security moneys, and not related to interoperable communications, as
4determined by the department of administration, remain in effect and are
5transferred to the department of military affairs. The department of military affairs
6shall carry out any such contractual obligations unless modified or rescinded by the
7department of military affairs to the extent allowed under the contract.
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