(b) Except as provided in pars. (c), (d), and (e) and sub. (5p), the department shall award an eligible responsible unit a grant under this subsection equal to the population of the responsible unit times an amount that is the same for each responsible unit and that the department determines will result in distributing as much as possible of the amount appropriated under s. 20.370 (6) (bu), taking into account pars. (c), (d), and (e) and sub. (5p).
(c) A grant under this subsection may not exceed the allowable expenses under sub. (3) (b) that the responsible unit incurred in the year 2 years before the year for which the grant is made.
(d) For a county that is the responsible unit for at least 75% of the population of the county, the department shall award a grant under this subsection equal to the greater of $100,000 or the amount determined under par. (a), but not more than the allowable expenses under sub. (3) (b).
(e) For grants for the year 2004, the department shall award a grant to a responsible unit that received an award in 2003 that is equal to at least 80% of the amount received in 2003.
109,370n
Section 370n. 289.96 (3) (b) of the statutes is amended to read:
289.96 (3) (b) In addition to the penalties provided under par. (a), the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of the violation, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this paragraph. Ten percent of the money deposited in the general fund that was awarded under this paragraph for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).
109,371
Section 371. 291.97 (2) (b) (intro.) of the statutes is amended to read:
291.97 (2) (b) (intro.) Any person who wilfully does any of the following shall is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not less than $1,000 nor more than $100,000 or imprisoned for not more than 7 years and 6 months or both:
109,372
Section 372. 291.97 (2) (c) 1. and 2. of the statutes are amended to read:
291.97 (2) (c) 1. For a 2nd or subsequent violation under par. (a), a person shall is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be fined not less than $1,000 nor more than $50,000 or imprisoned for not more than 2 years or both.
2. For a 2nd or subsequent violation under par. (b), a person shall is guilty of a Class F felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (f), the person may be fined not less than $5,000 nor more than $150,000 or imprisoned for not more than 15 years or both.
109,372g
Section 372g. 292.99 (2) of the statutes is amended to read:
292.99 (2) In addition to the penalties provided under subs. (1) and (1m), the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of the violation, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this subsection. Ten percent of the money deposited in the general fund that was awarded under this subsection for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).
109,372n
Section 372n. 293.87 (4) (b) of the statutes is amended to read:
293.87 (4) (b) In addition to the penalties provided under par. (a), the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of the violation, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this paragraph. Ten percent of the money deposited in the general fund that was awarded under this paragraph for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).
109,372q
Section 372q. 295.19 (3) (b) 2. of the statutes is amended to read:
295.19 (3) (b) 2. In addition to the penalties provided under subd. 1., the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of the violation, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this subdivision. Ten percent of the money deposited in the general fund that was awarded under this subdivision for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).
109,372s
Section 372s. 299.41 of the statutes is amended to read:
299.41 Household hazardous waste. The department shall establish and administer a grant program to assist municipalities and regional planning commissions in creating and operating local programs for the collection and disposal of household hazardous waste.
109,373
Section 373. 299.53 (4) (c) 2. of the statutes is amended to read:
299.53 (4) (c) 2. Any person who intentionally makes any false statement or representation in complying with sub. (2) (a) shall be fined not more than $25,000 or imprisoned for not more than one year in the county jail or both. For a 2nd or subsequent violation, the person shall is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be fined not more than $50,000 or imprisoned for not more than 3 years or both.
109,373n
Section 373n. 299.97 (2) of the statutes is amended to read:
299.97 (2) In addition to the penalties provided under sub. (1), the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of the violation, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this subsection. Ten percent of the money deposited in the general fund that was awarded under this subsection for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).
109,374e
Section 374e. 301.03 (18) (am) of the statutes is created to read:
301.03 (18) (am) Paragraph (a) does not prevent a county department under s. 46.215, 46.22, or 46.23 from charging and collecting the cost of an examination ordered under s. 938.295 (2) (a) as authorized under s. 938.295 (2) (c).
109,375
Section 375. 301.035 (2) of the statutes is amended to read:
301.035 (2) Assign hearing examiners from the division to preside over hearings under ss. 302.11 (7), 302.113 (9), 302.114 (9), 938.357 (5), 973.10 and 975.10 (2) and ch. 304.
109,376
Section 376. 301.035 (4) of the statutes is amended to read:
301.035 (4) Supervise employees in the conduct of the activities of the division and be the administrative reviewing authority for decisions of the division under ss. 302.11 (7), 302.113 (9), 302.114 (9), 938.357 (5), 973.10, 973.155 (2) and 975.10 (2) and ch. 304.
109,377
Section 377. 301.048 (2) (bm) 1. a. of the statutes is amended to read:
301.048 (2) (bm) 1. a. A crime specified in s. 940.19 (3), 1999 stats., s. 940.195 (3), 1999 stats., s. 943.23 (1m), 1999 stats., or s. 943.23 (1r), 1999 stats., or 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.
109,377b
Section 377b. 301.205 (title) of the statutes is repealed and recreated to read:
301.205 (title) Transportation for visits.
109,377c
Section 377c. 301.205 of the statutes is renumbered 301.205 (2).
109,377d
Section 377d. 301.205 (1) of the statutes is created to read:
301.205 (1) (a) Except as provided in par. (b), the department may not use state funds to transport persons visiting inmates in state prisons.
(b) The department may do any of the following to pay for the cost of transporting persons visiting inmates in state prisons:
1. Charge a reasonable fee to persons to whom the transportation is provided.
2. Use money received from gifts, grants, donations, and burial trusts that is provided for the purpose of paying for the cost of such transportation.
109,377db
Section 377db. 301.21 (1m) (a) (intro.) of the statutes is amended to read:
301.21 (1m) (a) (intro.) The Subject to sub. (3), the department may enter into one or more contracts with another state or a political subdivision of another state for the transfer and confinement in that state of prisoners who have been committed to the custody of the department. Any such contract shall provide for all of the following:
109,377dc
Section 377dc. 301.21 (2m) (a) (intro.) of the statutes is amended to read:
301.21 (2m) (a) (intro.) The Subject to sub. (3), the department may enter into one or more contracts with a private person for the transfer and confinement in another state of prisoners who have been committed to the custody of the department. Any such contract shall provide for all of the following:
109,377df
Section 377df. 301.21 (3) of the statutes is created to read:
301.21 (3) (a) Subject to par. (b), when contracting for the placement of prisoners in out-of-state facilities, the department shall give preference to a person that does all of the following:
1. Houses prisoners at facilities in close proximity to Wisconsin.
2. Provides alcohol and other drug abuse treatment, education, job preparation, and other elements of treatment designed to prepare prisoners for their return to the community.
3. Provides comprehensive assessment of prisoners in order to establish effective courses of treatment and rehabilitation, including academic and vocational training, with the goal of eventually successfully reintegrating prisoners into the community.
4. Staffs any facility in which prisoners will be confined with trained, certified professionals and manages and supervises the facility through a team of licensed professionals, including educators, certified counselors, vocational specialists, and medical professionals.
(b) The department shall give preference to a person under this subsection only if the person offers a daily rate that is comparable to the lowest good faith rate offered by other persons offering facilities for out-of-state placement of prisoners.
109,378
Section 378. 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 secured correctional facilities, secured child caring institutions, 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 secured correctional facility based on a delinquent act that is a violation of s. 943.23 (1m) or (1r), 1999 stats., s. 948.35, 1999 stats., or s. 948.36, 1999 stats., or 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, (1), or 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 secured correctional 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.
109,378p
Section 378p. 301.45 (1d) (b) of the statutes is amended to read:
301.45 (1d) (b) "Sex offense" means a violation, or the solicitation, conspiracy, or attempt to commit a violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.075, 948.08, 948.095, 948.11 (2) (a) or (am), 948.12, 948.13, or 948.30, or of s. 940.30 or 940.31 if the victim was a minor and the person who committed the violation was not the victim's parent.
109,379
Section 379. 301.45 (6) (a) 2. of the statutes is amended to read:
301.45 (6) (a) 2. For a 2nd or subsequent offense, the person may be fined not more than $10,000 or imprisoned for not more than 5 years or both is guilty of a Class H felony. For purposes of this subdivision, an offense is a 2nd or subsequent offense if, prior to committing the offense, the person has at any time been convicted of knowingly failing to comply with any requirement to provide information under subs. (2) to (4).
109,379v
Section 379v. 302.045 (2) (c) of the statutes is amended to read:
302.045 (2) (c) The inmate is incarcerated regarding a violation other than a crime specified in ch. 940 or s. 948.02, 948.025, 948.03, 948.05, 948.055, 948.06, 948.07, 948.075, 948.08, or 948.095.
109,380
Section 380. 302.045 (3) of the statutes is amended to read:
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 shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served, unless the person is serving a sentence imposed under s. 973.01. When the parole commission 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.
109,381
Section 381. 302.095 (2) of the statutes is amended to read:
302.095 (2) Any officer or other person who delivers or procures to be delivered or has in his or her possession with intent to deliver to any inmate confined in a jail or state prison, or who deposits or conceals in or about a jail or prison, or the precincts of a jail or prison, or in any vehicle going into the premises belonging to a jail or prison, any article or thing whatever, with intent that any inmate confined in the jail or prison shall obtain or receive the same, or who receives from any inmate any article or thing whatever with intent to convey the same out of a jail or prison, contrary to the rules or regulations and without the knowledge or permission of the sheriff or other keeper of the jail, in the case of a jail, or of the warden or superintendent of the prison, in the case of a prison, shall be imprisoned for not more than 3 years or fined not more than $500 is guilty of a Class I felony.
109,382
Section 382. 302.11 (1g) (a) 2. of the statutes is amended to read:
302.11 (1g) (a) 2. Any felony under s. 940.09 (1), 1999 stats., s. 943.23 (1m), 1999 stats., s. 948.35 (1) (b) or (c), 1999 stats., or s. 948.36, 1999 stats., or s. 940.02, 940.03, 940.05, 940.09 (1) (1c), 940.19 (5), 940.195 (5), 940.21, 940.225 (1) or (2), 940.305 (2), 940.31 (1) or (2) (b), 943.02, 943.10 (2), 943.23 (1g) or (1m), 943.32 (2), 946.43 (1m), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.06, 948.07, 948.08, or 948.30 (2)
, 948.35 (1) (b) or (c) or 948.36.
109,384
Section 384. 302.11 (1p) of the statutes is amended to read:
302.11 (1p) An inmate serving a term subject to s. 961.49 (2), 1999 stats., for a crime committed before December 31, 1999, is entitled to mandatory release, except the inmate may not be released before he or she has complied with s. 961.49 (2), 1999 stats.
109,385
Section 385. 302.11 (1z) of the statutes is amended to read:
302.11 (1z) An inmate who is sentenced to a term of confinement in prison under s. 973.01 for a felony that is committed on or after December 31, 1999, is not entitled under this section to mandatory release on parole under this section that sentence.
109,386
Section 386. 302.11 (3) of the statutes is amended to read:
302.11 (3) All consecutive sentences imposed for crimes committed before December 31, 1999, shall be computed as one continuous sentence.
109,387
Section 387. 302.11 (7) (a) of the statutes is renumbered 302.11 (7) (am) and amended to read:
302.11 (7) (am) The division of hearings and appeals in the department of administration, upon proper notice and hearing, or the department of corrections, if the parolee waives a hearing, reviewing authority may return a parolee released under sub. (1) or (1g) (b) or s. 304.02 or 304.06 (1) to prison for a period up to the remainder of the sentence for a violation of the conditions of parole. The remainder of the sentence is the entire sentence, less time served in custody prior to parole. The revocation order shall provide the parolee with credit in accordance with ss. 304.072 and 973.155.
109,388
Section 388. 302.11 (7) (ag) of the statutes is created to read:
302.11 (7) (ag) In this subsection "reviewing authority" means the division of hearings and appeals in the department of administration, upon proper notice and hearing, or the department of corrections, if the parolee waives a hearing.
109,389
Section 389. 302.11 (7) (b) of the statutes is amended to read:
302.11 (7) (b) A parolee returned to prison for violation of the conditions of parole shall be incarcerated for the entire period of time determined by the department of corrections in the case of a waiver or the division of hearings and appeals in the department of administration in the case of a hearing under par. (a), reviewing authority unless paroled earlier under par. (c). The parolee is not subject to mandatory release under sub. (1) or presumptive mandatory release under sub. (1g). The period of time determined under par. (a) (am) may be extended in accordance with subs. (1q) and (2).
109,390
Section 390. 302.11 (7) (d) of the statutes is amended to read:
302.11 (7) (d) A parolee who is subsequently released either after service of the period of time determined by the department of corrections in the case of a waiver or the division of hearings and appeals in the department of administration in the case of a hearing under par. (a) reviewing authority or by a grant of parole under par. (c) is subject to all conditions and rules of parole until expiration of sentence or discharge by the department.
109,391
Section 391. 302.11 (7) (e) of the statutes is created to read:
302.11 (7) (e) A reviewing authority may consolidate proceedings before it under par. (am) with other proceedings before that reviewing authority under par. (am) or s. 302.113 (9) (am) or 302.114 (9) (am) if all of the proceedings relate to the parole or extended supervision of the same person.
109,392
Section 392. 302.113 (2) of the statutes is amended to read:
302.113 (2) Except as provided in subs. (3) and (9), an inmate subject to this section is entitled to release to extended supervision after he or she has served the term of confinement in prison portion of the sentence imposed under s. 973.01, as modified by the sentencing court under sub. (9g) or s. 302.045 (3m) (b) 1. or 973.195 (1r), if applicable.
109,393
Section 393. 302.113 (4) of the statutes is amended to read:
302.113 (4) All consecutive sentences imposed for crimes committed on or after December 31, 1999, shall be computed as one continuous sentence. The person shall serve any term of extended supervision after serving all terms of confinement in prison.
302.113 (7) Any inmate released to extended supervision under this section is subject to all conditions and rules of extended supervision until the expiration of the term of extended supervision portion of the bifurcated sentence. The department may set conditions of extended supervision in addition to any conditions of extended supervision required under s. 302.116, if applicable, or set by the court under sub. (7m) or s. 973.01 (5) if the conditions set by the department do not conflict with the court's conditions.
109,395
Section 395. 302.113 (7m) of the statutes is created to read:
302.113 (7m) (a) Except as provided in par. (e), a person subject to this section or the department may petition the sentencing court to modify any conditions of extended supervision set by the court.
(b) If the department files a petition under this subsection, it shall serve a copy of the petition on the person who is the subject of the petition and, if the person is represented by an attorney, on the person's attorney. If a person who is subject to this section or his or her attorney files a petition under this subsection, the person or his or her attorney shall serve a copy of the petition on the department. The court shall serve a copy of a petition filed under this section on the district attorney. The court may direct the clerk of the court to provide notice of the petition to a victim of a crime committed by the person who is the subject of the petition.
