(4) Rights of beneficiaries of assistance. (a) If the department contracts with or awards grants to a religious organization for the provisions of crime prevention or offender rehabilitation assistance under a program administered by the department, an individual who is eligible for this assistance shall be informed in writing that assistance of equal value and accessibility is available from a nonreligious provider upon request.
(b) The department shall provide an individual who is otherwise eligible for assistance from an organization described under par. (a) with assistance of equal value from a nonreligious provider if the individual objects to the religious character of the organization described under par. (a) and requests assistance from a nonreligious provider. The department shall provide such assistance within a reasonable period of time after the date of the objection and shall ensure that it is accessible to the individual.
(6) Nondiscrimination against beneficiaries. A religious organization may not discriminate against an individual in regard to rendering assistance that is funded under any program administered by the department on the basis of religion, a religious belief or nonbelief, or a refusal to actively participate in a religious practice.
(7) Fiscal accountability. (a) Except as provided in par. (b), any religious organization that contracts with, or receives a grant from, the department is subject to the same laws and rules as other contractors and grantees regarding accounting, in accord with generally accepted auditing principles, for the use of the funds provided under such programs.
(b) If the religious organization segregates funds provided under programs administered by the department into separate accounts, only the financial assistance provided with those funds shall be subject to audit.
(8) Compliance. Any party that seeks to enforce its rights under this section may bring a civil action for injunctive relief against the entity that allegedly commits the violation.
(9) Limitations on use of funds for certain purposes. No funds provided directly to religious organizations by the department may be expended for sectarian worship, instruction, or proselytization.
(10) Certification of compliance. Every religious organization that contracts with, or receives a grant from, the department to provide delinquency and crime prevention or offender rehabilitation services to eligible recipients shall certify in writing that it has complied with the requirements of subs. (6) and (9) and submit to the department a copy of this certification and a written description of the policies the organization has adopted to ensure that it has complied with the requirements under subs. (6) and (9).
(11) Preemption. Nothing in this section may be construed to preempt any other statute that prohibits or restricts the expenditure of federal or state funds by or the granting of federal or state funds to religious organizations.
16,3336
Section 3336. 301.16 (1s) of the statutes is created to read:
301.16
(1s) In addition to the institutions under sub. (1), the department shall establish a medium security correctional institution that is a part of the correctional facilities enumerated in
1997 Wisconsin Act 27, section
9107 (1) (b), and that is located in Redgranite.
16,3337
Section 3337. 301.16 (1t) of the statutes is created to read:
301.16
(1t) In addition to the institutions under sub. (1), the department shall establish a medium security correctional institution that is a part of the correctional facilities enumerated in
1997 Wisconsin Act 27, section
9107 (1) (b), and that is located in New Lisbon.
16,3337m
Section 3337m. 301.19 of the statutes is created to read:
301.19 Restriction on construction of correctional facilities. (1) In this section:
(a) "Authorized jurisdiction" means a county, 2 counties acting jointly under s. 302.44, the United States, or a federally recognized American Indian tribe or band in this state.
(b) "Correctional facility" means an institution or facility, or a portion of an institution or facility, that is used to confine juveniles alleged or found to be delinquent or a prison, jail, house of correction, or lockup facility but does not include a secured group home, as defined in s. 938.02 (15p).
(2) No person may commence construction of a correctional facility or commence conversion of an existing building, structure, or facility into a correctional facility unless the building, structure, or facility is enumerated in the authorized state building program.
(3) Subsection (2) does not apply to any of the following:
(a) A building, structure, or facility that is constructed or converted under a contract with and for use by an authorized jurisdiction.
(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.
