2003 Wisconsin Act 33

285.69 (3) (a) The department may promulgate rules for the payment and collection of fees for inspecting nonresidential asbestos demolition and renovation projects regulated by the department. The fees under this subsection for an inspection plus the fee under sub. (1) (c) may not exceed $210 per $400 if the combined square and linear footage of friable asbestos-containing material involved in the project is less than 5,000. The fees under this subsection for an inspection plus the fee under sub. (1) (c) may not exceed $750 if the combined square and linear footage of friable asbestos-containing material involved in the project is 5,000 or more. The fees collected under this subsection shall be credited to the appropriation under s. 20.370 (2) (bi) for the direct and indirect costs of conducting inspections of nonresidential asbestos demolition and inspection renovation projects regulated by the department.

33,2474 Section 2474. 285.69 (3) (b) and (c) of the statutes are created to read:

285.69 (3) (b) In addition to the fees under par. (a), the department may charge the costs it incurs for laboratory testing for a nonresidential asbestos demolition and renovation project.

(c) For the purpose of par. (a), combined square and linear footage shall be determined by adding the number of square feet of friable asbestos-containing material on areas other than pipes to the number of linear feet of friable asbestos-containing material on pipes.

33,2474kd Section 2474kd. 287.03 (1) (d) of the statutes is repealed.

33,2474kf Section 2474kf. 287.19 (2) of the statutes is amended to read:

287.19 (2) Powers. In providing assistance under sub. (1), the department may provide assistance relating to the marketing of materials recovered from solid waste, if the provision of that assistance is a responsibility assigned to the department in a memorandum of understanding, contract or other agreement with the recycling market development board.

33,2474kq Section 2474kq. 287.22 (2) (c) of the statutes is amended to read:

287.22 (2) (c) Advise state agencies concerning the promulgation of rules under ss. 100.29, 100.295, and 101.126 and 560.031.

33,2474L Section 2474L. 287.26 of the statutes is created to read:

287.26 Recycling market development grants. (1) The department shall award a grant of $50,000 in each fiscal year to a private, nonprofit, industry-supported organization that is described in section 501 (c) (3) of the Internal Revenue Code and that provides waste reduction and recycling assistance through business-to-business peer exchange. An organization that is awarded a grant must be instrumental in assisting and encouraging companies and institutions to reduce their operating costs through improved production and solid waste management practices and must be in existence on October 29, 1999.

(2) The department shall annually contract for the operation of a statewide materials exchange program with a materials exchange program that received funding from the recycling market development board in the 1997-99 fiscal biennium.

33,2475g Section 2475g. 289.64 (6) of the statutes is amended to read:

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) (eg) for transfer to the appropriation under s. 20.505 (4) (k) (ei).

33,2475e Section 2475e. 289.645 (4) (d) of the statutes is created to read:

289.645 (4) (d) The recycling fee does not apply to sediments that are contaminated with PCBs, as defined in s. 299.45 (1) (a), and that are removed from the bed of a navigable water of this state in connection with a phase of a project to remedy contamination of the bed of the navigable water if the quantity of the sediments removed, either in the phase or in combination with other planned phases of the project, will exceed 200,000 cubic yards.

33,2475r Section 2475r. 292.11 (14) of the statutes is created to read:

292.11 (14) Funding from agrichemical management fund. If the department expends funds from the appropriation under s. 20.370 (2) (dv) to take action authorized under s. 94.73 (2m), the department may request the joint committee on finance to supplement the appropriation under s. 20.370 (2) (dx) in an amount equal to the amount expended. If the department proposes to take action authorized under s. 94.73 (2m), the department may request the joint committee on finance to supplement the appropriation under s. 20.370 (2) (dx) in an amount equal to the amount that the department expects to expend to take that action. The joint committee on finance may, from the appropriation under s. 20.865 (4) (u), supplement the appropriation under s. 20.370 (2) (dx) in an amount equal to the amount that the department expended or expects to expend to take action under s. 94.73 (2m). Notwithstanding s. 13.101 (3) (a), the committee is not required to find that an emergency exists.

33,2479 Section 2479. 292.77 of the statutes is repealed.

33,2481 Section 2481. 292.94 of the statutes is created to read:

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) (dh).

33,2481s Section 2481s. 299.41 of the statutes is renumbered 93.57 and amended to read:

93.57 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.

33,2482 Section 2482. 299.93 (3) of the statutes is amended to read:

299.93 (3) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the environmental assessment prescribed in this section. If the deposit is forfeited, the amount of the environmental assessment shall be transmitted to the state treasurer secretary of administration under sub. (4). If the deposit is returned, the environmental assessment shall also be returned.

33,2483 Section 2483. 299.93 (4) of the statutes is amended to read:

299.93 (4) The clerk of the court shall collect and transmit to the county treasurer the environmental assessment and other amounts required under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2. The state treasurer secretary of administration shall deposit the amount of the assessment in the environmental fund.

33,2484 Section 2484. 301.025 of the statutes is amended to read:

301.025 Division of juvenile corrections. The division of juvenile corrections shall exercise the powers and perform the duties of the department that relate to juvenile correctional services and institutions, juvenile offender review, aftercare, corrective sanctions, the juvenile boot camp program under s. 938.532, the serious juvenile offender program under s. 938.538, and youth aids.

33,2485g Section 2485g. 301.0465 of the statutes is created to read:

301.0465 Halfway houses for nonviolent offenders. (1) Establishment and cost. The department shall request proposals and may contract for the establishment of 2 25-bed halfway houses for nonviolent offenders , with one to be located in an urban area and one in a rural area. The department, however, may not accept a proposal unless its daily cost per inmate under the proposal is less than or equal to its highest daily cost per inmate under contracts entered into under s. 301.21 .

(2) Facility, inmate, officer, and employee status. A halfway house established under sub. (1) is a state prison under s. 302.01. Inmates confined in a halfway house under this section are under the care and control of the halfway house, subject to its rules and discipline, and subject to all laws pertaining to inmates of other state prisons. Officers and employees of a halfway house are subject to all laws pertaining to other state prisons.

(3) Eligibility. The department shall determine which prisoners are to be confined in a halfway house established under sub. (1), but a prisoner is eligible for this confinement only if all of the following apply:

(a) The prisoner is a nonviolent offender to whom one of the following applies:

1. He or she is serving no more than the last 6 months of the term of confinement of a bifurcated sentence.

2. He or she was returned to prison under s. 302.113 (9) and there are no more than 6 months remaining of the time for which he or she is to be incarcerated.

3. He or she is serving an indeterminate sentence for a crime other than a serious felony, as defined in s. 302.11 (1g), and there are no more than 6 months remaining until his or her mandatory release date under s. 302.11.

4. He or she is serving an indeterminate sentence and the parole commission has authorized his or her release on parole within the next 6 months.

5. He or she is serving no more than the last 6 months of an indeterminate sentence.

(b) Upon a petition by the department within the 3 months immediately preceding the person's placement in the halfway house, the sentencing court entered an order authorizing the placement.

(4) No direct commitment by court. A court may not directly commit persons to a halfway house established under sub. (1).

(5) Report. The department shall submit a report to the legislature under s. 13.172 (2) and to the governor by January 1, 2007, addressing all of the following:

(a) The success of the halfway house program under this section in reintegrating offenders into the community as compared to other programs for incarcerated offenders.

(b) The cost effectiveness of the program.

(c) The administration of the program.

(d) The public's opinion of the program.

33,2485r Section 2485r. 301.0465 of the statutes, as created by 2003 Wisconsin Act .... (this act), is repealed.

33,2486 Section 2486. 301.105 (intro.) of the statutes is amended to read:

301.105 Telephone company commissions. (intro.) The department shall collect moneys for commissions from telephone companies for contracts to provide telephone services to inmates. The department shall transmit those moneys to the state treasurer secretary of administration. The state treasurer secretary of administration shall do all of the following:

33,2489 Section 2489. 301.16 (1o) (b) of the statutes is amended to read:

301.16 (1o) (b) In the selection of classified service employees of the institution specified in par. (a), the appointing authority shall, whenever possible, use the expanded certification program under rules of the administrator of the division of merit recruitment and selection in the department of employment relations office of state human resources management to ensure that employees of the institution reflect the general population of either the county in which the institution is located or the most populous county contiguous to the county in which the institution is located, whichever population is greater. The administrator of the division of merit recruitment and selection in the department of employment relations administration shall provide guidelines for the administration of this selection procedure.

33,2490 Section 2490. 301.16 (1r) of the statutes is amended to read:

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 21 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 400 450 at any one time.

33,2490d Section 2490d. 301.16 (1v) of the statutes is amended to read:

301.16 (1v) In addition to the institutions under sub. (1), the department shall establish a medium minimum security correctional institution in Chippewa Falls. The department shall designate 50 beds at this correctional institution for programming for offenders in prison as an alternative to the revocation of probation, extended supervision, or parole.

33,2491g Section 2491g. 301.215 of the statutes is created to read:

301.215 Contracts with counties. (1) During any period that the department contracts with a private person under s. 301.21 (2m) for the transfer and confinement in another state of prisoners who have been committed to the custody of the department, the department shall do all of the following:

(a) By July 1 annually, accept proposals submitted from county sheriffs to place prisoners who have been committed to the custody of the department in county jails.

(b) By the following October 1, evaluate every proposal submitted under par. (a) and notify each county that submitted a proposal whether, based on criteria that the department establishes, prisoners who have been committed to the custody of the department may be placed in the county's jail under a contract with the department beginning on the following January 1.

(2) If the department determines under sub. (1) (b) that prisoners may be placed in the county's jail, the department and county shall establish the daily cost to the department of placing the prisoner in the county's jail. Notwithstanding s. 302.27, the daily cost established under this subsection may not exceed the highest daily cost paid by the department to a private person under an existing contract under s. 301.21 (2m).

(3) If the department and a county enter into a contract for the placement of prisoners who have been committed to the custody of the department in county jails, the department shall give priority to placing prisoners in the county jail before placing any prisoner with a private person outside the state under a contract under s. 301.21 (2m).

33,2492d Section 2492d. 301.26 (4) (d) 2. of the statutes is amended to read:

301.26 (4) (d) 2. Beginning on July 1, 2001 2003, and ending on June 30, 2002 2004, the per person daily cost assessment to counties shall be $167.57 $183 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $167.57 $183 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $213 $225 for care in a residential care center for children and youth, $129 $142 for care in a group home for children, $41 $47 for care in a foster home, $81 $88 for care in a treatment foster home, $82.56 $86 for departmental corrective sanctions services, and $21.96 $25 for departmental aftercare services.

33,2493d Section 2493d. 301.26 (4) (d) 3. of the statutes is amended to read:

301.26 (4) (d) 3. Beginning on July 1, 2002 2004, and ending on June 30, 2003 2005, the per person daily cost assessment to counties shall be $172.51 $187 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $172.51 $187 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $226 $239 for care in a residential care center for children and youth, $135 $149 for care in a group home for children, $43 $49 for care in a foster home, $85 $92 for care in a treatment foster home, $84.50 $87 for departmental corrective sanctions services, and $22.66 $26 for departmental aftercare services.

33,2493m Section 2493m. 301.26 (5) of the statutes is created to read:

301.26 (5) Revenue sufficiency. (a) By September 15, December 15, March 15, and June 15 of each fiscal year, the department of corrections shall submit a report to the joint committee on finance, and by March 15 of each odd-numbered year, the department of corrections shall submit a report to the department of administration, detailing year-to-date revenues and expenditures under the appropriation account under s. 20.410 (3) (hm) and projecting the balance that will remain in that appropriation account on June 30 of that fiscal year. If a report submitted under this paragraph projects a deficit in that appropriation account on June 30 of a fiscal year, the department of corrections shall include in the report a description of the efforts that it is making to reduce operating costs so as to minimize or eliminate that projected deficit.

(b) 1. If based on a report submitted under par. (a) for March 15 of an odd-numbered year the joint committee on finance projects that there will be a deficit in the appropriation account under s. 20.410 (3) (hm) on June 30 of that year, the joint committee on finance shall ensure that the per person daily cost assessments under sub. (4) (d) 2. and 3. for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), for the next fiscal biennium are sufficient to recoup that projected deficit by adding 50% of that projected deficit to the cost basis used to determine the per person daily cost assessment under sub. (4) (d) 2. for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), for the first year of the next fiscal biennium and by adding 50% of that projected deficit to the cost basis used to determine the per person daily cost assessment under sub. (4) (d) 3. for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), for the 2nd year of the next fiscal biennium.

2. The secretary of administration shall place in unallotted reserve and use to recoup the projected deficit specified in subd. 1. all moneys generated by the increases in the per person daily cost assessments specified in subd. 1. that result from adding that projected deficit to the cost basis specified in subd. 1.

(c) If on June 30 of the odd-numbered year of the next fiscal biennium the moneys placed in unallotted reserve under par. (b) 2. exceed the amount of the actual deficit on June 30 of the odd-numbered year of the fiscal biennium in which that deficit was incurred, all moneys in excess of that actual deficit shall be remitted to the counties or transferred to the appropriation account under s. 20.410 (3) (kx) by September 30 of that odd-numbered year. Each county and the department shall receive a proportionate share of the remittance and transfer depending on the total number of days of placement at Type 1 secured correctional facilities, as defined in s. 938.02 (19), for each county and the state. Counties shall use any amounts remitted under this paragraph for the purposes specified in this section. The department shall deposit in the general fund the amounts transferred under this paragraph to the appropriation account under s. 20.410 (3) (kx).

33,2494 Section 2494. 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, 2001 2003, and ending on June 30, 2003 2005, as provided in this subsection to county departments under ss. 46.215, 46.22 and 46.23 as follows:

33,2495 Section 2495. 301.26 (7) (a) of the statutes is amended to read:

301.26 (7) (a) For community youth and family aids under this section, amounts not to exceed $43,615,200 $44,145,100 for the last 6 months of 2001, $87,760,300 for 2002 2003, $88,290,200 for 2004, and $44,145,100 for the first 6 months of 2003 2005.

33,2496 Section 2496. 301.26 (7) (b) (intro.) of the statutes is amended to read:

301.26 (7) (b) (intro.) Of the amounts specified in par. (a), the department shall allocate $2,000,000 for the last 6 months of 2001 2003, $4,000,000 for 2002 2004, and $2,000,000 for the first 6 months of 2003 2005 to counties based on each of the following factors weighted equally:

33,2497d Section 2497d. 301.26 (7) (c) of the statutes is amended to read:

301.26 (7) (c) Of the amounts specified in par. (a), the department shall allocate $523,300 $1,053,200 for the last 6 months of 2001, $1,576,600 for 2002 2003, $2,106,500 for 2004, and $1,053,300 for the first 6 months of 2003 2005 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.

33,2498 Section 2498. 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 2001 2003, $250,000 for 2002 2004, and $125,000 for the first 6 months of 2003 2005. A county is eligible for payments under this paragraph only if it has a population of not more than 45,000.

33,2499 Section 2499. 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 2001 2003, $2,124,800 in 2002 2004, and $1,062,400 in the first 6 months of 2003 2005 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.

33,2500 Section 2500. 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 2001 2003, $1,333,400 in 2002 2004, and $666,700 in the first 6 months of 2003 2005 for alcohol and other drug abuse treatment programs.

33,2501 Section 2501. 302.01 (1) (d) of the statutes is amended to read:

302.01 (1) (d) The correctional institution at Prairie du Chien authorized under 1997 Wisconsin Act 4, section 4 (1) (a) s. 301.16 (1u).

33,2502 Section 2502. 302.045 (title) of the statutes is amended to read:

302.045 (title) Challenge incarceration program for youthful offenders.

33,2503 Section 2503. 302.045 (1) of the statutes is amended to read: