AB64: Bill Text

AB64,805,22 289.31 (7) (f) If the owner or operator of a site or facility subject to an order under par. (d) is a municipality, the municipality is responsible for conducting any monitoring ordered under par. (d). The department shall, from the environmental fund appropriation under s. 20.370 (2) (4) (dv), reimburse the municipality for the costs of monitoring that exceed an amount equal to $3 per person residing in the municipality for each site or facility subject to an order under par. (d), except that the maximum reimbursement is $100,000 for each site or facility. The department shall exclude any monitoring costs paid under the municipality's liability insurance coverage in calculating the municipal cost of monitoring a site or facility.

AB64,1830 Section 1830. 289.43 (7) (e) 3. of the statutes is amended to read:

AB64,805,25 289.43 (7) (e) 3. All fees collected under this paragraph shall be credited to the appropriation under s. 20.370 (2) (4) (dg).

AB64,1831 Section 1831. 289.64 (6) of the statutes is amended to read:

AB64,806,4 289.64 (6) Use of solid waste facility siting board fees. The fees collected under sub. (2) shall be credited to the appropriation under s. 20.370 (2) (4) (eg) for transfer to the appropriation under s. 20.505 (4) (k).

AB64,1832 Section 1832. 289.68 (1) of the statutes is amended to read:

AB64,806,13 289.68 (1) Payments from the waste management fund. The department may expend moneys in the waste management fund only for the purposes specified under subs. (3) to (6) and 1991 Wisconsin Act 39, section 9142 (2w). The department may expend moneys appropriated under s. 20.370 (2) (4) (dq) for the purposes specified under subs. (3) and (5) and 1991 Wisconsin Act 39, section 9142 (2w). The department may expend moneys appropriated under s. 20.370 (2) (4) (dt) for the purposes specified under sub. (4). The department may expend moneys appropriated under s. 20.370 (2) (4) (dy) and (dz) for the purposes specified under sub. (6).

AB64,1833 Section 1833. 289.68 (3) of the statutes is amended to read:

AB64,806,20 289.68 (3) Payments for long-term care after termination of proof of financial responsibility. The department may spend moneys appropriated under s. 20.370 (2) (4) (dq) for the costs of long-term care of an approved facility for which the plan of operation was approved under s. 289.30 (6) before August 9, 1989, that accrue after the requirement to provide proof of financial responsibility expires under s. 289.41 (1m) (b) or (f) as authorized under s. 289.41 (11) (b) 2.

AB64,1834 Section 1834. 289.68 (4) of the statutes is amended to read:

AB64,806,25 289.68 (4) Payment of closure and long-term care costs; forfeited bonds and similar moneys. The department may utilize moneys appropriated under s. 20.370 (2) (4) (dt) for the payment of costs associated with compliance with closure and long-term care requirements under s. 289.41 (11) (b) 1.

AB64,1835 Section 1835. 289.68 (5) of the statutes is amended to read:

AB64,807,4 289.68 (5) Prevention of imminent hazard. The department may utilize moneys appropriated under s. 20.370 (2) (4) (dq) for the payment of costs associated with imminent hazards as authorized under s. 289.41 (11) (c) and (cm).

AB64,1836 Section 1836. 289.68 (6) of the statutes is amended to read:

AB64,807,8 289.68 (6) Payment of corrective action, forfeited bonds and recovered moneys. The department may utilize moneys appropriated under s. 20.370 (2) (4) (dy) and (dz) for the payment of costs of corrective action under s. 289.41 (11) (bm).

AB64,1837 Section 1837. 292.11 (6) (a) of the statutes is amended to read:

AB64,807,15 292.11 (6) (a) Contingency plan; activities resulting from discharges. The department may utilize moneys appropriated under s. 20.370 (2) (4) (dv) and (my) (ms) in implementing and carrying out the contingency plan developed under sub. (5) and to provide for the procurement, maintenance, and storage of necessary equipment and supplies, personnel training, and expenses incurred in identifying, locating, monitoring, containing, removing, and disposing of discharged substances.

AB64,1838 Section 1838. 292.11 (6) (b) of the statutes is amended to read:

AB64,807,20 292.11 (6) (b) Limitation on equipment expenses. No more than 25 percent of the moneys available under the appropriation under s. 20.370 (2) (4) (dv) or (my) (ms) during any fiscal year may be used for the procurement and maintenance of necessary equipment during that fiscal year.

AB64,1839 Section 1839. 292.11 (6) (c) 2. of the statutes is amended to read:

AB64,807,24 292.11 (6) (c) 2. Reimbursements to the department under section 311, federal water pollution control act amendments of 1972, P.L. 92-500, shall be credited to the appropriation under s. 20.370 (2) (my) (4) (ms).

AB64,1840 Section 1840. 292.31 (4) of the statutes is amended to read:

AB64,808,7 292.31 (4) Monitoring costs at nonapproved facilities owned or operated by municipalities. Notwithstanding the environmental response rules under sub. (2) or the environmental repair authority, remedial action sequence, and emergency response requirements under sub. (3), the department shall pay that portion of the cost of any monitoring requirement which is to be paid under s. 289.31 (7) (f) from the appropriation under s. 20.370 (2) (4) (dv) prior to making other payments from that appropriation.

AB64,1841 Section 1841. 292.31 (7) (am) 2. of the statutes is amended to read:

AB64,808,16 292.31 (7) (am) 2. The department may acquire an interest in property from any person as part of a remedial action conducted in cooperation with the federal environmental protection agency if the acquisition is necessary to implement the remedy. Under this subdivision, the department may acquire an interest in property that is necessary to ensure that restrictions on the use of land or groundwater are enforceable. The department may expend moneys from the appropriations under ss. 20.370 (2) (4) (dv) and 20.866 (2) (tg) if necessary to compensate a person for an interest in property acquired by the department under this subdivision.

AB64,1842 Section 1842. 292.31 (7) (b) of the statutes is amended to read:

AB64,809,2 292.31 (7) (b) The department may expend moneys from the appropriations under ss. 20.370 (2) (4) (dv) and 20.866 (2) (tg) as required under 42 USC 9601, et seq. The department shall promulgate by rule criteria for the expenditure of moneys from the appropriations under ss. 20.370 (2) (4) (dv) and 20.866 (2) (tg). The criteria shall include consideration of the amount of moneys available in the appropriations under ss. 20.370 (2) (4) (dv) and 20.866 (2) (tg), the moneys available from other sources for the required sharing of costs, the differences between public and private sites or facilities, the potential for cost recovery from responsible parties, and any other appropriate factors.

AB64,1843 Section 1843. 292.41 (6) (a) of the statutes is amended to read:

AB64,809,8 292.41 (6) (a) The department may utilize moneys appropriated under s. 20.370 (2) (4) (dv) and (my) (ms) in taking action under sub. (4). The department shall utilize these moneys to provide for the procurement, maintenance , and storage of necessary equipment and supplies, personnel training, and expenses incurred in locating, identifying, removing, and disposing of abandoned containers.

AB64,1844 Section 1844. 292.41 (6) (b) of the statutes is amended to read:

AB64,809,12 292.41 (6) (b) No more than 25 percent of the total of all moneys available under the appropriation under s. 20.370 (2) (4) (dv) and (my) (ms) may be used annually for the procurement and maintenance of necessary equipment during that fiscal year.

AB64,1845 Section 1845. 292.55 (2) of the statutes is amended to read:

AB64,809,18 292.55 (2) The department may assess and collect fees from a person to offset the costs of providing assistance under sub. (1). The department shall promulgate rules for the assessment and collection of fees under this subsection. Fees collected under this subsection shall be credited to the appropriation account under s. 20.370 (2) (4) (dh).

AB64,1846 Section 1846. 292.57 (2) (b) of the statutes is amended to read:

AB64,809,21 292.57 (2) (b) Any moneys collected under this subsection shall be credited to the appropriation account under s. 20.370 (2) (4) (dh).

AB64,1847 Section 1847. 292.70 (7) of the statutes is amended to read:

AB64,809,25 292.70 (7) Review and payment. If a claim is filed under an agreement under sub. (2) or (3), the department shall review the claim to determine whether it is valid. A valid claim shall be paid from the appropriation under s. 20.370 (2) (4) (fq).

AB64,1848 Section 1848. 292.94 of the statutes is amended to read:

AB64,810,9 292.94 Fees related to enforcement actions. The department may assess and collect fees from a person who is subject to an order or other enforcement action for a violation of s. 292.11 or 292.31 to cover the costs incurred by the department to review the planning and implementation of any environmental investigation or environmental cleanup that the person is required to conduct. The department shall promulgate rules for the assessment and collection of fees under this section. Fees collected under this section shall be credited to the appropriation account under s. 20.370 (2) (4) (dh).

AB64,1849 Section 1849. 301.03 (3) (intro.) of the statutes is amended to read:

AB64,810,18 301.03 (3) (intro.) Administer Decide whether to grant or deny parole to inmates, and administer parole, extended supervision, and probation matters, except that the decision to grant or deny parole to inmates shall be made by the parole commission and the decision to revoke probation, extended supervision, or parole, in cases in which there is no waiver of the right to a hearing, shall be made by the division of hearings and appeals in the department of administration. The secretary may grant special action parole releases under s. 304.02. The department shall promulgate rules to do all of the following:

AB64,1850 Section 1850. 301.048 (2) (am) 3. of the statutes is amended to read:

AB64,810,22 301.048 (2) (am) 3. The parole commission grants him or her He or she is granted parole under s. 304.06 and requires his or her participation in the program is required as a condition of parole under s. 304.06 (1x).

AB64,1851 Section 1851. 301.16 (1r) of the statutes is amended to read:

AB64,811,6 301.16 (1r) In addition to the institutions under sub. (1), the department shall establish a medium security correctional institution for persons 15 years of age or over, but not more than 24 years of age, who have been placed in a state prison under s. 302.01. The medium security correctional institution under this subsection shall be known as the Racine Youthful Offender Correctional Facility and shall be located at the intersection of Albert Street and North Memorial Drive in the city of Racine. The department shall limit the number of prisoners who may be placed at the Racine Youthful Offender Correctional Facility to no more than 450 500 at any one time.

AB64,1852 Section 1852. 301.21 (1m) (c) of the statutes is amended to read:

AB64,811,10 301.21 (1m) (c) Any hearing to consider parole to which an inmate confined under this contract may be entitled by the laws of Wisconsin will be conducted by the Wisconsin parole commission under rules of the department.

AB64,1853 Section 1853. 301.21 (2m) (c) of the statutes is amended to read:

AB64,811,14 301.21 (2m) (c) Any hearing to consider parole 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 parole commission under rules of the department.

AB64,1854 Section 1854. 301.26 (4) (d) 2. of the statutes, as affected by 2015 Wisconsin Act 55, section 4270, is repealed and recreated to read:

AB64,811,20 301.26 (4) (d) 2. Beginning on July 1, 2017, and ending on June 30, 2018, the per person daily cost assessment to counties shall be $344 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and $344 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3).

AB64,1855 Section 1855. 301.26 (4) (d) 3. of the statutes, as affected by 2015 Wisconsin Act 55, section 4272, is repealed and recreated to read:

AB64,812,2 301.26 (4) (d) 3. Beginning on July 1, 2018, and ending on June 30, 2019, the per person daily cost assessment to counties shall be $352 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and $352 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3).

AB64,1856 Section 1856. 302.045 (3) of the statutes is amended to read:

AB64,812,11 302.045 (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 parole commission department shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served. When the parole commission department grants parole under this subsection, it must require the parolee to participate in an intensive supervision program for drug abusers as a condition of parole.

AB64,1857 Section 1857. 302.05 (3) (b) of the statutes is amended to read:

AB64,812,19 302.05 (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 treatment program described in sub. (1), the parole commission department shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served. If the parole commission department grants parole under this paragraph, it shall require the parolee to participate in an intensive supervision program for drug abusers as a condition of parole.

AB64,1858 Section 1858. 302.11 (1g) (b) (intro.) of the statutes is amended to read:

AB64,813,3 302.11 (1g) (b) (intro.) Before an incarcerated inmate with a presumptive mandatory release date reaches the presumptive mandatory release date specified under par. (am), the parole commission department shall proceed under s. 304.06 (1) to consider whether to deny presumptive mandatory release to the inmate. If the parole commission department does not deny presumptive mandatory release, the inmate shall be released on parole. The parole commission department may deny presumptive mandatory release to an inmate only on one or more of the following grounds:

AB64,1859 Section 1859. 302.11 (1g) (b) 2. of the statutes is amended to read:

AB64,813,11 302.11 (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 parole commission department 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.

AB64,1860 Section 1860. 302.11 (1g) (c) of the statutes is amended to read:

AB64,813,16 302.11 (1g) (c) If the parole commission department denies presumptive mandatory release to an inmate under par. (b), the parole commission department shall schedule regular reviews of the inmate's case to consider whether to parole the inmate under s. 304.06 (1).

AB64,1861 Section 1861. 302.11 (1g) (d) of the statutes is amended to read:

AB64,813,20 302.11 (1g) (d) An inmate may seek review of a decision by the parole commission department relating to the denial of presumptive mandatory release only by the common law writ of certiorari.

AB64,1862 Section 1862. 302.11 (1m) of the statutes is amended to read:

AB64,813,24 302.11 (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 parole commission department may parole the inmate as specified in s. 304.06 (1).

AB64,1863 Section 1863. 302.11 (7) (c) of the statutes is amended to read:

AB64,814,3 302.11 (7) (c) The parole commission department may subsequently parole, under s. 304.06 (1), and the department may subsequently parole, under s. 304.02 or 304.06 (1), a parolee who is returned to prison for violation of a condition of parole.

AB64,1864 Section 1864. 302.27 of the statutes is renumbered 302.27 (1) and amended to read:

AB64,814,11 302.27 (1) The department may contract with local governments for temporary housing or detention in county jails or county houses of correction for persons placed on probation or sentenced to imprisonment in state prisons or to the intensive sanctions program. The rate under any such contract may not exceed $60 per person per day. Nothing in this section subsection limits the authority of the department to place persons in jails under s. 301.048 (3) (a) 1.

AB64,1865 Section 1865. 302.27 (2) of the statutes is created to read:

AB64,814,18 302.27 (2) Inmates who are assigned to detention in a county jail under sub. (1) may be eligible to participate in employment-related programs under s. 303.08 (1) (a), (b), (bn), and (d). The sheriff, in conjunction with the department, shall determine inmate eligibility to participate in employment-related programs and may terminate program participation or return an inmate to state facilities, or both, at any time.

AB64,1866 Section 1866. 304.01 (title) of the statutes is amended to read:

AB64,814,21 304.01 (title) Parole commission and commission chairperson; general duties.

AB64,1867 Section 1867. 304.01 (1) of the statutes is amended to read:

AB64,814,25 304.01 (1) The chairperson of the parole commission shall administer and supervise the commission and its activities and director of parole shall be the final parole-granting authority, except as provided in s. 304.02.

AB64,1868 Section 1868. 304.01 (2) (intro.) of the statutes is renumbered 304.01 (2) and amended to read:

AB64,815,8 304.01 (2) The parole commission department shall conduct regularly scheduled interviews to consider the parole of eligible inmates of the adult correctional institutions under the control of the department of corrections, eligible inmates transferred under ch. 51 and under the control of the department of health services and eligible inmates in any county house of correction. The department of corrections shall provide all of the following to the parole commission:

AB64,1869 Section 1869. 304.01 (2) (a) of the statutes is repealed.

AB64,1870 Section 1870. 304.01 (2) (b) of the statutes is repealed.

AB64,1871 Section 1871. 304.01 (2) (c) of the statutes is repealed.

AB64,1872 Section 1872. 304.01 (2) (d) of the statutes is repealed.

AB64,1873 Section 1873. 304.06 (1) (b) of the statutes is amended to read:

AB64,816,4 304.06 (1) (b) Except as provided in s. 961.49 (2), 1999 stats., sub. (1m) or s. 302.045 (3), 302.05 (3) (b), 973.01 (6), or 973.0135, the parole commission department may parole an inmate of the Wisconsin state prisons or any felon or any person serving at least one year or more in a county house of correction or a county reforestation camp organized under s. 303.07, when he or she has served 25 percent of the sentence imposed for the offense, or 6 months, whichever is greater. Except as provided in s. 939.62 (2m) (c) or 973.014 (1) (b) or (c), (1g) or (2), the parole commission department may parole an inmate serving a life term when he or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject to extension under s. 302.11 (1q) and (2), if applicable. The person serving the life term shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary may grant special action parole releases under s. 304.02. The department or the parole commission shall not provide any convicted offender or other person sentenced to the department's custody any parole eligibility or evaluation until the person has been confined at least 60 days following sentencing.

AB64,1874 Section 1874. 304.06 (1) (c) (intro.) of the statutes is amended to read:

AB64,816,8 304.06 (1) (c) (intro.) If an inmate applies for parole under this subsection, the parole commission department shall make a reasonable attempt to notify the following, if they can be found, in accordance with par. (d):

AB64,1875 Section 1875. 304.06 (1) (d) 1. of the statutes is amended to read:

AB64,816,19 304.06 (1) (d) 1. The notice under par. (c) shall inform the offices and persons under par. (c) 1. to 3. of the manner in which they may provide written statements under this subsection, shall inform persons under par. (c) 3. of the manner in which they may attend interviews or hearings and make statements under par. (eg) and shall inform persons under par. (c) 3. who are victims, or family members of victims, of crimes specified in s. 940.01, 940.03, 940.05, 940.225 (1), (2), or (3), 948.02 (1) or (2), 948.025, 948.06, or 948.07 of the manner in which they may have direct input in the parole decision-making process under par. (em). The parole commission department shall provide notice under this paragraph for an inmate's first application for parole and, upon request, for subsequent applications for parole.