(b) A building, structure, or facility the construction of which was completed before January 1, 2001, if the building, structure, or facility was designed to confine persons convicted of a criminal offense.
16,3338
Section 3338. 301.26 (4) (b) of the statutes is amended to read:
301.26 (4) (b) Assessment of costs under par. (a) shall be made periodically on the basis of the per person per day cost estimate specified in par. (d) 2. to 4.
and 3. Except as provided in pars. (bm), (c), and (cm), liability shall apply to county departments under s. 46.21, 46.22, or 46.23 in the county of the court exercising jurisdiction under chs. 48 and 938 for each person receiving services from the department of corrections under s. 48.366, 938.183, or 938.34 or the department of health and family services under s. 46.057 or 51.35 (3). Except as provided in pars. (bm), (c), and (cm), in multicounty court jurisdictions, the county of residency within the jurisdiction shall be liable for costs under this subsection. Assessment of costs under par. (a) shall also be made according to the general placement type or level of care provided, as defined by the department, and prorated according to the ratio of the amount designated under sub. (3) (c) to the total applicable estimated costs of care, services, and supplies provided by the department of corrections under ss. 48.366, 938.183, and 938.34 and the department of health and family services under s. 46.057 or 51.35 (3).
16,3339
Section 3339. 301.26 (4) (cm) 3. of the statutes is amended to read:
301.26 (4) (cm) 3. The per person daily reimbursement rate for juvenile correctional services under this paragraph shall be equal to the per person daily cost assessment to counties under par. (d) 2. to 4. and 3. for juvenile correctional services.
16,3340d
Section 3340d. 301.26 (4) (d) 2. of the statutes is amended to read:
301.26 (4) (d) 2. Beginning on July 1, 1999 2001, and ending on December 31, 1999 June 30, 2002, the per person daily cost assessment to counties shall be $153.01 $167.57 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $153.01 $167.57 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $183.72 $213 for care in a child caring institution, including a secured child caring institution, $118.93 $129 for care in a group home for children, $26.17 $41 for care in a foster home, $75.37 $81 for care in a treatment foster home, $72.66 $82.56 for departmental corrective sanctions services, and $19.76 $21.96 for departmental aftercare services.
16,3341d
Section 3341d. 301.26 (4) (d) 3. of the statutes is amended to read:
301.26 (4) (d) 3. In calendar year 2000 Beginning on July 1, 2002, and ending on June 30, 2003, the per person daily cost assessment to counties shall be $153.55 $172.51 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $153.55 $172.51 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $187.21 $226 for care in a child caring institution, including a secured child caring institution, $121.19 $135 for care in a group home for children, $26.67 $43 for care in a foster home, $76.80 $85 for care in a treatment foster home, $74.68 $84.50 for departmental corrective sanctions services, and $19.15 $22.66 for departmental aftercare services.
16,3342
Section 3342. 301.26 (4) (d) 4. of the statutes is repealed.
16,3343
Section 3343. 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, 1999 2001, and ending on June 30, 2001
2003, as provided in this subsection to county departments under ss. 46.215, 46.22 and 46.23 as follows:
16,3344e
Section 3344e. 301.26 (7) (a) (intro.) of the statutes is renumbered 301.26 (7) (a) and amended to read:
301.26 (7) (a) For community youth and family aids under this section, amounts not to exceed $42,091,800 $43,615,200 for the last 6 months of 1999, $85,183,700 for 2000 2001, $87,760,300 for 2002, and $43,091,900 $44,145,100 for the first 6 months of 2001 2003.
(b) Of those the amounts specified in par. (a), the department shall allocate $1,000,000 $2,000,000 for the last 6 months of 1999, $3,000,000 for 2000 and $2,000,000 2001, $4,000,000 for 2002, and $2,000,000 for the first 6 months of 2001 2003 to counties based on each of the following factors weighted equally:
16,3344f
Section 3344f. 301.26 (7) (a) 1. to 3. of the statutes are renumbered 301.26 (7) (b) 1. to 3.
16,3344g
Section 3344g. 301.26 (7) (c) of the statutes is created to read:
301.26 (7) (c) Of the amounts specified in par. (a), the department shall allocate $523,300 for the last 6 months of 2001, $1,576,600 for 2002, and $1,053,300 for the first 6 months of 2003 to counties based on each of the factors specified in par. (b) 1. to 3. weighted equally, except that no county may receive an allocation under this paragraph that is less than 93% nor more than 115% of the amount that the county would have received under this paragraph if the allocation had been distributed only on the basis of the factor specified in par. (b) 3.
16,3345
Section 3345. 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 1999 2001, $250,000 for 2000 2002 and $125,000 for the first 6 months of 2001 2003. A county is eligible for payments under this paragraph only if it has a population of not more than 45,000.
16,3346
Section 3346. 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 1999 2001, $2,124,800 in 2000 2002 and $1,062,400 in the first 6 months of 2001 2003 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.
16,3347
Section 3347. 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 1999 2001, $1,333,400 in 2000 2002 and $666,700 in the first 6 months of 2001 2003 for alcohol and other drug abuse treatment programs.
16,3348
Section 3348. 301.265 (title) of the statutes is repealed.
16,3349d
Section 3349d. 301.265 (1) of the statutes is renumbered 16.964 (8) (a) and amended to read:
16.964 (8) (a) From the appropriations under s. 20.410 (3) 20.505 (6) (d) and (kj), the department office shall allocate $500,000 in each fiscal year to enter into a contract with an organization to provide services in a county having a population of 500,000 or more for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational and employment programs. Notwithstanding s. 16.75, the department office may enter into a contract under this subsection paragraph without soliciting bids or proposals and without accepting the lowest responsible bid or offer.
16,3350
Section 3350. 301.265 (2) of the statutes is renumbered 16.964 (8) (b) and amended to read:
16.964 (8) (b) From the appropriation under s. 20.410 (3) (kp) 20.505 (6) (km), the department office may not distribute more than $300,000 in each fiscal year to the organization that it has contracted with under sub. (1) par. (a) for alcohol and other drug abuse education and treatment services for participants in that organization's youth diversion program.
16,3351d
Section 3351d. 301.265 (3) of the statutes is renumbered 16.964 (8) (c) and amended to read:
16.964 (8) (c) From the appropriations under s. 20.410 (3) 20.505 (6) (d) and (kj), the department office shall allocate $150,000 in each fiscal year to enter into a contract with an organization to provide services in Racine County, $150,000 in each fiscal year to enter into a contract with an organization to provide services in Kenosha County, $150,000 in each fiscal year to enter into a contract with an organization that is located in ward 1 in the city of Racine to provide services in Racine County, and $150,000 in each fiscal year to enter into a contract with an organization to provide services in Brown County, for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational, and employment programs, and for alcohol or other drug abuse education and treatment services for participants in that organization's youth diversion program. The organization that is located in ward 1 in the city of Racine shall have a recreational facility, shall offer programs to divert youths from gang activities, may not be affiliated with any national or state association, and may not have entered into a contract under s. 301.265 (3), 1995 stats. Notwithstanding s. 16.75, the department office may enter into a contract under this subsection paragraph without soliciting bids or proposals and without accepting the lowest responsible bid or offer.
16,3352m
Section 3352m. 301.295 of the statutes is created to read:
301.295 Recruitment of department employees. The department may not use billboards or similar structures to recruit its employees.
16,3352p
Section 3352p. 301.46 (2s) of the statutes is created to read:
301.46 (2s) Providing information to the University of Wisconsin System. (a) In this subsection:
1. "Board of regents" means the board of regents of the University of Wisconsin System.
2. "University of Wisconsin employee" means a person employed by the board of regents.
3. "University of Wisconsin student" means a person attending an institution within the University of Wisconsin System.
(b) When a University of Wisconsin employee or student registers with the department under s. 301.45 (2) or a person who is registered with the department under s. 301.45 (2) becomes a University of Wisconsin employee or student, the department shall immediately provide in writing the following information about the person to the board of regents:
1. The person's name, including any aliases used by the person.
2. Information sufficient to identify the person, including date of birth, gender, race, height, weight, and hair and eye color.
3. The statute that the person violated, the date of conviction, adjudication, or commitment, and the county or, if the state is not this state, the state in which the person was convicted, adjudicated, or committed.
4. The address at which the person is residing.
5. If the person is a University of Wisconsin employee, the name and address of any institution at which the person works.
6. If the person is a University of Wisconsin student, the name and address of the institution that the person attends.
7. The most recent date on which the information under s. 301.45 was updated.
(c) When an individual described in par. (b) (intro.) updates information under s. 301.45 (4), the department shall immediately provide the updated information in writing to the board of regents.
16,3352r
Section 3352r. 301.46 (4) (d) of the statutes is created to read:
301.46 (4) (d) The department shall coordinate with the department of health and family services the sharing of address information of persons regarding whom notification bulletins are issued under sub. (2m) (a) or (am).
16,3352w
Section 3352w. 301.46 (5) (a) (intro.) of the statutes is amended to read:
301.46 (5) (a) (intro.) The department or a police chief or sheriff may provide the information specified in par. (b) concerning a specific person required to register under s. 301.45 to a person who is not provided notice or access under subs. sub. (2) to, (2m), (3), or (4) if, in the opinion of the department or the police chief or sheriff, providing the information is necessary to protect the public and if the person requesting the information does all of the following:
16,3353m
Section 3353m. 302.01 of the statutes is amended to read:
302.01 State prisons named and defined. The penitentiary at Waupun is named "Waupun Correctional Institution
".." The correctional treatment center at Waupun is named "Dodge Correctional Institution
".." The penitentiary at Green Bay is named "Green Bay Correctional Institution
".." The medium/maximum penitentiary at Portage is named "Columbia Correctional Institution
".." The medium security institution at Oshkosh is named "Oshkosh Correctional Institution
".." The medium security penitentiary near Fox Lake is named "Fox Lake Correctional Institution
".." The penitentiary at Taycheedah is named "Taycheedah Correctional Institution
".." The medium security penitentiary at Plymouth is named "Kettle Moraine Correctional Institution
".
." The penitentiary at the village of Sturtevant in Racine county is named "Racine Correctional Institution
".
." The medium security correctional institution near Black River Falls is named "Jackson Correctional Institution." The medium security penitentiary at Racine is named "Racine Youthful Offender Correctional Facility
".
." The resource facility at Oshkosh is named "Wisconsin Resource Center
".." The institutions named in this section,
the medium security correctional institutions at Redgranite and New Lisbon, the correctional institutions authorized under s. 301.16 (1n) and (1v), correctional institution authorized under
1997 Wisconsin Act 4, section
4 (1) (a), correctional institution authorized under s. 301.046 (1), correctional institution authorized under s. 301.048 (4) (b),
the correctional institution at Stanley authorized under 2001 Wisconsin Act .... (this act), section 9107 (1) (b), minimum security correctional institutions authorized under s. 301.13, the probation and parole holding facilities authorized under s. 301.16 (1q)
, and state-local shared correctional facilities when established under s. 301.14, are state prisons.
16,3354g
Section 3354g. 302.11 (1) of the statutes is amended to read:
302.11 (1) The warden or superintendent shall keep a record of the conduct of each inmate, specifying each infraction of the rules. Except as provided in subs. (1g), (1m), (1q), (1z), (4m), (7) and (10), each inmate is entitled to mandatory release on parole by the department. The mandatory release date is established at two-thirds of the sentence. Any calculations under this subsection or sub. (1q) (b) or (2) (b) resulting in fractions of a day shall be rounded in the inmate's favor to a whole day.
16,3354j
Section 3354j. 302.11 (1g) (b) 2. of the statutes is amended to read:
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 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.
16,3354r
Section 3354r. 302.11 (1g) (b) 3. of the statutes is created to read:
302.11 (1g) (b) 3. Refusal by the inmate to live in a residence that the parole commission has approved under s. 304.06 (2m) (ak), if applicable.
16,3357m
Section 3357m. 302.11 (4m) of the statutes is amended to read:
302.11 (4m) An inmate may not be paroled under this section is subject to the restriction unless he or she agrees to live in a residence that the parole commission or the department has approved under s. 304.06 (2m) (ak), if applicable, relating to the counties to which inmates may be paroled.
16,3367g
Section 3367g. 302.113 (7) of the statutes is amended to read:
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 s. 973.01 (5) if the conditions set by the department do not conflict with the court's conditions.
16,3377m
Section 3377m. 302.114 (8) of the statutes is amended to read:
302.114 (8) Any inmate released to extended supervision under this section is subject to all conditions and rules of extended supervision. 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. (5) (d) if the conditions set by the department do not conflict with the court's conditions.
16,3385g
Section 3385g. 302.115 of the statutes is renumbered 302.105.
16,3385r
Section 3385r. 302.116 of the statutes is created to read:
302.116 Extended supervision conditions for sex offenders. (1) In this section:
(a) "Serious sex offense" means a violation of s. 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06, or 948.07 or a solicitation, conspiracy, or attempt to commit a violation of s. 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06, or 948.07.
(b) "Sex offender" means a person serving a sentence for a serious sex offense.
(2) As a condition of extended supervision, a sex offender shall
agree to live in a residence that the department has approved under sub. (3) .
(3) Subject to the requirements of subs. (4) to (6) and s. 301.03 (19), before releasing a sex offender to extended supervision, the department shall assess the appropriateness of the sex offender's prospective residence by doing at least all of the following:
(a) Considering the sex offender's access to potential victims if he or she lives there. If the victim of the serious sex offense that the sex offender committed was a child, the department, in meeting this requirement, shall contact the department of health and family services, the local county department responsible for certification of child care providers under s. 48.651, and the local school board to determine whether there are any day care providers located near the sex offender's prospective residence.
(b) Ensuring that others living in the prospective residence are aware of the sex offender's offense history.
(4) The department shall use its best efforts to select a residence under sub. (3) that is in the sex offender's county of residence.
(5) If the victim of the serious sex offense that the sex offender committed was a child who resided with the sex offender at the time of the offense, the department may not permit the sex offender to return home, unless the extended supervision officer and any person providing sex offender treatment to the sex offender determines that the sex offender's return will not jeopardize the safety of anyone residing in the home.
(6) The department may not approve a residence under sub. (3) if it is located in a county where there is a correctional institution that has a specialized sex offender treatment program, unless that county is also the sex offender's county of residence.
(7) The department shall determine a sex offender's county of residence under this section by doing all of the following:
(a) Considering residence as the voluntary concurrence of physical presence with intent to remain in a place of fixed habitation and considering physical presence as prima facie evidence of intent to remain.
(b) Applying the criteria for consideration of residence and physical presence under par. (a) to the facts that existed on the date on which the sex offender committed the serious sex offense that resulted in the sentence that the sex offender is serving.
16,3386d
Section 3386d. 302.18 (7) of the statutes is amended to read:
302.18 (7) Except as provided in s. 973.013 (3m), the department shall keep all prisoners a person under 15 years of age who has been sentenced to the Wisconsin state prisons in a secured juvenile correctional
facilities or facility or a secured child caring institutions institution, but the department may transfer them that person to an adult correctional institutions
institution after they attain the person attains 15 years of age. The department may not transfer any person under 18 years of age to the correctional institution authorized in s. 301.16 (1n).
16,3388
Section 3388. 302.386 (3) (a) of the statutes is amended to read:
302.386 (3) (a) Except as provided in par. (b), the department may require a resident housed in a prison identified in s. 302.01 or in a secured correctional facility, as defined in s. 938.02 (15m), who earns wages during residency and who receives medical or dental services to pay a deductible, coinsurance, copayment, or similar charge upon the medical or dental service that he or she receives. The department shall collect the allowable deductible, coinsurance, copayment, or similar charge.
16,3389f
Section 3389f. 302.46 (1) (a) of the statutes is amended to read:
302.46 (1) (a) On or after October 1, 1987, if a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) (a), (am) 1., (ar) or
, (bm), or (br) or (5) or state laws or municipal or county ordinances involving nonmoving traffic violations or safety belt use violations under s. 347.48 (2m), the court, in addition, shall impose a jail assessment in an amount of 1% of the fine or forfeiture imposed or $10, whichever is greater. If multiple offenses are involved, the court shall determine the jail assessment on the basis of each fine or forfeiture. If a fine or forfeiture is suspended in whole or in part, the court shall reduce the jail assessment in proportion to the suspension.
16,3389g
Section 3389g. 303.01 (2) (em) of the statutes is amended to read:
303.01 (2) (em) Lease space, with or without equipment, within the precincts of state prisons, as specified in s. 302.02, or within the confines of correctional institutions operated by the department for holding in secure custody persons adjudged delinquent, to not more than 6 2 private businesses to employ prison inmates and institution residents to manufacture products or components or to provide services for sale on the open market. The department shall comply with s. 16.75 in selecting businesses under this paragraph. The department may enter into a contract under this paragraph only with the approval of the joint committee on finance. The department may not enter into or amend a contract under this paragraph unless the contract or amendment specifies each state prison or juvenile correctional institution at which the private business will employ inmates or institution residents. The department shall consult with appropriate trade organizations and labor unions prior to issuing requests for proposals and prior to selecting proposals under this paragraph. Each such private business may conduct its operations as a private business, subject to the wage standards under sub. (4), the disposition of earnings under sub. (8), the provisions regarding displacement in sub. (11), the requirements for notification and hearing under sub. (1) (c), the requirement for prison industries board approval under s. 303.015 (1) (b) and the authority of the department to maintain security and control in its institutions. The private business and its operations are not a prison industry. Inmates employed by the private business are not subject to the requirements of inmates participating in prison industries, except as provided in this paragraph;
16,3389gm
Section 3389gm. 303.04 of the statutes is amended to read:
