1999 Wisconsin Act 9

(3) Any person who violates sub. (2) may be required to forfeit not more than $500 for each violation.

9,2682 Section 2682. 299.95 of the statutes is amended to read:

299.95 Enforcement; duty of department of justice; expenses. The attorney general shall enforce chs. 281 to 285 and 289 to 295 and this chapter, except ss. 281.48, 285.57, 285.59 and 299.64, and all rules, special orders, licenses, plan approvals and permits of the department, except those promulgated or issued under ss. 281.48, 285.57, 285.59 and 299.64 and except as provided in s. 285.86. The circuit court for Dane county or for any other county where a violation occurred in whole or in part has jurisdiction to enforce chs. 281 to 285 and 289 to 295 or this chapter or the rule, special order, license, plan approval or permit by injunctional and other relief appropriate for enforcement. For purposes of this proceeding where chs. 281 to 285 and 289 to 295 or this chapter or the rule, special order, license, plan approval or permit prohibits in whole or in part any pollution, a violation is considered a public nuisance. The department of natural resources may enter into agreements with the department of justice to assist with the administration of chs. 281 to 285 and 289 to 295 and this chapter. Any funds paid to the department of justice under these agreements shall be credited to the appropriation account under s. 20.455 (1) (k).

9,2682m Section 2682m. 299.97 (1) of the statutes is amended to read:

299.97 (1) Any person who violates this chapter, except s. 299.15 (1), 299.47 (2), 299.51 (4) (b), 299.53 (2) (a) or (3), 299.62 (2) or 299.64 (2), or any rule promulgated or any plan approval, license or special order issued under this chapter, except under those sections, shall forfeit not less than $10 nor more than $5,000, for each violation. Each day of continued violation is a separate offense. While the order is suspended, stayed or enjoined, this penalty does not accrue.

9,2683d Section 2683d. 301.01 (2) (b) of the statutes is amended to read:

301.01 (2) (b) Any resident of a secured correctional facility, as defined in s. 938.02 (15m), or of a secured child caring institution, as defined in s. 938.02 (15g) or a secured group home.

9,2684d Section 2684d. 301.01 (3k) of the statutes is created to read:

301.01 (3k) "Secured child caring institution" has the meaning given in s. 938.02 (15g).

9,2685d Section 2685d. 301.01 (3m) of the statutes is created to read:

301.01 (3m) "Secured correctional facility" has the meaning given in s. 938.02 (15m).

9,2686d Section 2686d. 301.01 (3p) of the statutes is created to read:

301.01 (3p) "Secured group home" has the meaning given in s. 938.02 (15p).

9,2687d Section 2687d. 301.01 (4) of the statutes is amended to read:

301.01 (4) "State correctional institution" means a state prison under s. 302.01 or a secured correctional facility, as defined in s. 938.02 (15m), other than the Mendota Juvenile Treatment Center operated by the department.

9,2688d Section 2688d. 301.027 of the statutes is amended to read:

301.027 Treatment program at one or more juvenile secured correctional institutions facilities. The department shall maintain a cottage-based intensive alcohol and other drug abuse program at one or more juvenile secured correctional institutions facilities.

9,2689 Section 2689. 301.029 of the statutes is created to read:

301.029 Contracts requiring prisoner access to personal information. (1) In this section, "financial transaction card" has the meaning given in s. 943.41 (1) (em).

(2) (a) The department may not enter into any contract or other agreement if, in the performance of the contract or agreement, a prisoner would perform data entry or telemarketing services and have access to an individual's financial transaction card numbers, checking or savings account numbers or social security number or any personal identifying information, as defined in s. 943.201 (1) (b), of an individual who is not a prisoner.

(b) The department may not enter into any contract or other agreement if, in the performance of the contract or agreement, a prisoner would perform data entry services or telemarketing services and have access to any information that may serve to identify a minor.

9,2689m Section 2689m. 301.03 (3c) of the statutes is amended to read:

301.03 (3c) If requested by the department of health and family services, contract with that department to supervise and provide services to persons who are conditionally transferred or discharged under s. 51.37 (9), conditionally released under s. 971.17 (3) or placed on supervised release under s. 980.06 (2), 1997 stats., or s. 980.08.

9,2690d Section 2690d. 301.03 (10) (d) of the statutes is amended to read:

301.03 (10) (d) Administer the office of juvenile offender review in the division of juvenile corrections in the department. The office shall be responsible for decisions regarding case planning, the release of juvenile offenders from juvenile secured correctional institutions facilities or secured child caring institutions to aftercare placements and the transfer of juveniles to the Racine youthful offender correctional facility named in s. 302.01 as provided in s. 938.357 (4) (d).

9,2691d Section 2691d. 301.03 (10) (e) of the statutes is amended to read:

301.03 (10) (e) Provide educational programs in all secured correctional facilities, as defined in s. 938.02 (15m), other than the Mendota Juvenile Treatment Center operated by the department.

9,2692d Section 2692d. 301.03 (10) (f) of the statutes is amended to read:

301.03 (10) (f) Provide health services and psychiatric services for residents of all secured correctional facilities, as defined in s. 938.02 (15m), other than the Mendota Juvenile Treatment Center operated by the department.

9,2692e Section 2692e. 301.048 (2) of the statutes is renumbered 301.048 (2) (am), and 301.048 (2) (am) (intro.) and 2., as renumbered, are amended to read:

301.048 (2) (am) (intro.) A Except as provided in par. (bm), a person enters the intensive sanctions program only if he or she has been convicted of a felony and only under one of the following circumstances:

2. He or she is a prisoner serving a felony sentence not punishable by life imprisonment and the department directs him or her to participate in the program. This paragraph subdivision does not apply to a prisoner serving a bifurcated sentence imposed under s. 973.01.

9,2692m Section 2692m. 301.048 (2) (bm) of the statutes is created to read:

301.048 (2) (bm) 1. In this paragraph, "violent offense" means:

a. A crime specified in s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (3), (4) or (5), 940.195 (3), (4) or (5), 940.20, 940.201, 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.285 (2) (a) 1. or 2., 940.29, 940.295 (3) (b) 1g., 1m., 1r., 2. or 3., 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.04, 943.06, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.30, 943.32, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07, 948.08 or 948.30.

b. A crime under federal law, the law of any other state or, prior to the effective date of this subdivision 1. b. .... [revisor inserts date], the law of this state that is comparable to a crime specified in subd. 1. a.

2. A person who has at any time been convicted, adjudicated delinquent or found not guilty or not responsible by reason of insanity or mental disease, defect or illness of or for a violent offense is not eligible for the intensive sanctions program.

9,2692s Section 2692s. 301.048 (4) (a) of the statutes is amended to read:

301.048 (4) (a) A participant is in the custody and under the control of the department, subject to its rules and discipline. A participant entering the program under sub. (2) (a) or (b) (am) 1. or 2. is a prisoner. A participant entering the program under sub. (2) (c) (am) 3. is a prisoner, except that he or she is a parolee for purposes of revocation. A participant entering the program under sub. (2) (cm) (am) 3m. is a prisoner, except that he or she remains a person on extended supervision for purposes of revocation. A participant entering the program under sub. (2) (d) (am) 4. is a prisoner, except that he or she remains a probationer, parolee or person on extended supervision, whichever is applicable, for purposes of revocation.

9,2693d Section 2693d. 301.08 (1) (b) 3. of the statutes is amended to read:

301.08 (1) (b) 3. Contract with public, private or voluntary agencies for the supervision, maintenance and operation of secured correctional facilities, as defined in s. 938.02 (15m), child caring institutions, as defined in s. 938.02 (2c), and secured child caring institutions, as defined in s. 938.02 (15g), for the placement of juveniles who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4d), (4h) or (4m). The department may designate a secured correctional facility, child caring institution or a secured child caring institution contracted for under this subdivision as a Type 2 secured correctional facility, as defined in s. 938.02 (20), and may designate a child caring institution or secured child caring institution contracted for under this subdivision as a Type 2 child caring institution, as defined in s. 938.02 (19r).

9,2694d Section 2694d. 301.08 (1) (b) 4. of the statutes is created to read:

301.08 (1) (b) 4. Contract with not more than 5 counties or with not more than 5 consortia of counties for the operation of not more than 5 secured group homes for the placement of juveniles who have been convicted under s. 938.183 or adjudicated delinquent under s. 983.183 or 938.34 (4m). The contract shall specify that the county or counties operating a secured group home must comply with all rules of the department that are applicable to the treatment of juveniles who are placed in a secured correctional facility.

9,2695m Section 2695m. 301.16 (1q) of the statutes is created to read:

301.16 (1q) The department shall establish probation and parole holding facilities, one of which shall be the probation and parole holding and alcohol and other drug abuse treatment facility in the city of Milwaukee, as enumerated in 1997 Wisconsin Act 27, section 9107 (1) (b) 1.

9,2698g Section 2698g. 301.16 (1v) of the statutes is created to read:

301.16 (1v) In addition to the institutions under sub. (1), the department shall establish a medium security correctional institution in Chippewa Falls.

9,2698m Section 2698m. 301.18 (1) (c) of the statutes is created to read:

301.18 (1) (c) Provide the facilities necessary for the correctional institution under s. 301.16 (1v) using the Highview building located at the Northern Wisconsin Center for the Developmentally Disabled and converted to a correctional facility under 1999 Wisconsin Act .... (this act), section 9107 (1) (b) 1.

9,2699d Section 2699d. 301.205 of the statutes is amended to read:

301.205 Reimbursement to visiting families. The department may reimburse families visiting girls at a secured correctional facility, as defined in s. 938.02 (15m). If the department decides to provide the reimbursement, it the department shall establish criteria for the level of reimbursement, which shall include family income and size and other relevant factors.

9,2700 Section 2700. 301.26 (4) (c) of the statutes is amended to read:

301.26 (4) (c) Notwithstanding pars. (a), (b) and (bm), the department of corrections shall pay, from the appropriation account under s. 20.410 (3) (hm), (ho) or (hr), the costs of care, services and supplies provided for each person receiving services under s. 46.057, 48.366, 51.35 (3), 938.183 or 938.34 who was under the guardianship of the department of health and family services pursuant to an order under ch. 48 at the time that the person was adjudicated delinquent.

9,2701d Section 2701d. 301.26 (4) (cm) 1. of the statutes is amended to read:

301.26 (4) (cm) 1. Notwithstanding pars. (a), (b) and (bm), the department shall transfer funds from the appropriation under s. 20.410 (3) (cg) to the appropriations under s. 20.410 (3) (hm), (ho) and (hr) for the purpose of reimbursing juvenile secured correctional institutions facilities, secured child caring institutions, as defined in s. 938.02 (15g), alternate care providers, aftercare supervision providers and corrective sanctions supervision providers for costs incurred beginning on July 1, 1996, for the care of any juvenile 14 years of age or over who has been placed in a juvenile secured correctional facility based on a delinquent act that is a violation of s. 939.31, 939.32 (1) (a), 940.03, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1), 948.025, 948.30 (2), 948.35 (1) (b) or 948.36 and for the care of any juvenile 10 years of age or over who has been placed in a juvenile secured correctional institution or a facility or secured child caring institution for attempting or committing a violation of s. 940.01 or for committing a violation of s. 940.02 or 940.05.

9,2702d Section 2702d. 301.26 (4) (cm) 2. of the statutes is amended to read:

301.26 (4) (cm) 2. Notwithstanding pars. (a), (b) and (bm), the department shall transfer funds from the appropriation under s. 20.410 (3) (cg) to the appropriations under s. 20.410 (3) (hm), (ho) and (hr) for the purpose of reimbursing juvenile secured correctional institutions facilities, secured child caring institutions, as defined in s. 938.02 (15g), alternate care providers, aftercare supervision providers and corrective sanctions supervision providers for costs incurred beginning on July 1, 1996, for the care of any juvenile 14 years of age or over and under 18 years of age who has been placed in a juvenile secured correctional facility under s. 48.366 based on a delinquent act that is a violation of s. 940.01, 940.02, 940.05 or 940.225 (1).

9,2703d Section 2703d. 301.26 (4) (d) 2. of the statutes is amended to read:

301.26 (4) (d) 2. Beginning on July 1, 1997 1999, and ending on December 31, 1997 1999, the per person daily cost assessment to counties shall be $150.44 $153.01 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $150.44 $153.01 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $160.22 $183.72 for care in a child caring institution, including a secured child caring institution, $111.16 $118.93 for care in a group home for children, $24.78 $26.17 for care in a foster home, $71.35 $75.37 for care in a treatment foster home, $88.19 $72.66 for departmental corrective sanctions services and $16.98 $19.76 for departmental aftercare services.

9,2703e Section 2703e. 301.26 (4) (d) 3. of the statutes is amended to read:

301.26 (4) (d) 3. In calendar year 1998 2000, the per person daily cost assessment to counties shall be $154.94 $153.55 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $154.94 $153.55 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $161.79 $187.21 for care in a child caring institution, including a secured child caring institution, $112.25 $121.19 for care in a group home for children, $25.02 $26.67 for care in a foster home, $72.05 $76.80 for care in a treatment foster home, $80.41 $74.68 for departmental corrective sanctions services and $17.18 $19.15 for departmental aftercare services.

9,2703f Section 2703f. 301.26 (4) (d) 4. of the statutes is amended to read:

301.26 (4) (d) 4. Beginning on January 1, 1999 2001, and ending on June 30, 1999 2001, the per person daily cost assessment to counties shall be $159.46 $154.08 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $159.46 $154.08 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $163.36 $190.70 for care in a child caring institution, including a secured child caring institution, $113.34 $123.45 for care in a group home for children, $25.26 $27.16 for care in a foster home, $72.75 $78.23 for care in a treatment foster home, $74.35 $76.71 for departmental corrective sanctions services and $17.39 $18.62 for departmental aftercare services.

9,2706d Section 2706d. 301.26 (4) (dt) of the statutes is amended to read:

301.26 (4) (dt) For Except as provided in pars. (e) to (g), for serious juvenile offender services, all uniform fee collections under s. 301.03 (18) shall be credited to the appropriation account under s. 20.410 (3) (hm).

9,2709 Section 2709. 301.26 (4) (g) of the statutes is amended to read:

301.26 (4) (g) For juvenile field and institutional aftercare services under ch. 938 and for the office of juvenile offender review, all payments and deductions made under this subsection and uniform fee collections under s. 301.03 (18) shall be deposited in the general fund and shall be treated as a nonappropriated receipt credited to the appropriation account under s. 20.410 (3) (hm).

9,2709g Section 2709g. 301.26 (7) (intro.) of the statutes is amended to read:

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) and (ko), the department shall allocate funds for community youth and family aids for the period beginning on July 1, 1997 1999, and ending on June 30, 1999 2001, as provided in this subsection to county departments under ss. 46.215, 46.22 and 46.23 as follows:

9,2709h Section 2709h. 301.26 (7) (a) of the statutes is renumbered 301.26 (7) (a) (intro.) and amended to read:

301.26 (7) (a) (intro.) For community youth and family aids under this section, amounts not to exceed $41,649,700 $42,091,800 for the last 6 months of 1997, $82,741,700 1999, $85,183,700 for 1998 2000 and $41,091,900 $43,091,900 for the first 6 months of 1999. 2001. Of those amounts, the department shall allocate $1,000,000 for the last 6 months of 1999, $3,000,000 for 2000 and $2,000,000 for the first 6 months of 2001 to counties based on each of the following factors weighted equally:

9,2709i Section 2709i. 301.26 (7) (a) 1. of the statutes is created to read:

301.26 (7) (a) 1. Each county's proportion of the total statewide juvenile population for the most recent year for which that information is available.

9,2709j Section 2709j. 301.26 (7) (a) 2. of the statutes is created to read:

301.26 (7) (a) 2. Each county's proportion of the total Part I juvenile arrests reported statewide under the uniform crime reporting system of the office of justice assistance during the most recent 3-year period for which that information is available.

9,2709k Section 2709k. 301.26 (7) (a) 3. of the statutes is created to read:

301.26 (7) (a) 3. Each county's proportion of the number of juveniles statewide who are placed in a juvenile correctional institution or a secured child caring institution, as defined in s. 938.02 (15g), during the most recent 3-year period for which that information is available.

9,2709L Section 2709L. 301.26 (7) (a) 3. of the statutes, as created by 1999 Wisconsin Act .... (this act), is amended to read:

301.26 (7) (a) 3. Each county's proportion of the number of juveniles statewide who are placed in a juvenile correctional institution or secured correctional facility, a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home during the most recent 3-year period for which that information is available.

9,2709m Section 2709m. 301.26 (7) (e) of the statutes is amended to read:

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 1997 1999, $250,000 for 1998 2000 and $125,000 for the first 6 months of 1999 2001. A county is eligible for payments under this paragraph only if it has a population of not more than 45,000.

9,2709n Section 2709n. 301.26 (7) (h) of the statutes is amended to read:

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 1997 1999, $2,124,800 in 1998 2000 and $1,062,400 in the first 6 months of 1999 2001 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.

9,2709p Section 2709p. 301.26 (8) of the statutes is amended to read:

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 1997 1999, $1,333,400 in 1998 2000 and $666,700 in the first 6 months of 1999 2001 for alcohol and other drug abuse treatment programs.

9,2709r Section 2709r. 301.263 (1) of the statutes is amended to read:

301.263 (1) From the appropriation under s. 20.410 (3) (f), the department shall distribute $3,750,000 $5,000,000 in each year to counties for early intervention services for first offenders and for intensive community-based intervention services for seriously chronic offenders.

9,2710d Section 2710d. 301.263 (3) of the statutes is amended to read:

301.263 (3) The department shall distribute 33% of the amounts distributed under sub. (1) based on each county's proportion of the violent Part I juvenile arrests reported statewide under the uniform crime reporting system of the office of justice assistance in the department of administration, during the most recent 2-year period for which that information is available. The department shall distribute 33% of the amounts distributed under sub. (1) based on each county's proportion of the number of juveniles statewide who are placed in a juvenile secured correctional institution or facility, a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home during the most recent 2-year period for which that information is available. The department shall distribute 34% of the amounts distributed under sub. (1) based on each county's proportion of the total Part I juvenile arrests reported statewide under the uniform crime reporting system of the office of justice assistance, during the most recent 2-year period for which that information is available.