28,2670
Section
2670. 301.12 (14) (a) of the statutes is amended to read:
301.12 (14) (a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17 years of age in residential, nonmedical facilities such as group homes, foster homes, treatment foster homes, residential care centers for children and youth, and juvenile correctional institutions is determined in accordance with the cost-based fee established under s. 301.03 (18). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (2m) or by other 3rd-party benefits, subject to rules which that include formulas governing ability to pay promulgated by the department under s. 301.03 (18). Any liability of the resident not payable by any other person terminates when the resident reaches age 17, unless the liable person has prevented payment by any act or omission.
28,2671
Section
2671. 301.12 (14) (b) of the statutes is amended to read:
301.12 (14) (b) Except as provided in par. (c) and subject to par. (cm), liability of a parent specified in sub. (2) or s. 301.03 (18) for the care and maintenance of the parent's minor child who has been placed by a court order under s. 938.183, 938.355, or 938.357 in a residential, nonmedical facility such as a group home, foster home, treatment foster home, residential care center for children and youth, or juvenile correctional institution shall be determined by the court by using the percentage standard established by the department of children and families under s. 49.22 (9) and by applying the percentage standard in the manner established by the department under par. (g).
28,2671m
Section 2671m. 301.185 of the statutes is created to read:
301.185 Pre-release transition facility. (1) The department shall designate the Felmers Chaney Correctional Center in the city of Milwaukee as a pre-release transition facility for inmates who are scheduled to be released to extended supervision or parole not less than 5 months nor more than 12 months prior to the date of the transfer.
(2) The department shall provide at the pre-release transition facility described in sub. (1) programs to assist inmates with reintegration to society and shall assist the inmates in obtaining birth certificates, state identification, social security cards, and driver's licenses, preparing for employment, acquiring transportation to employment sites, achieving a basic level of education, and gaining access to community resources.
28,2672
Section
2672. 301.21 (1m) (c) of the statutes is amended to read:
301.21 (1m) (c) Any hearing to consider parole or whether to grant extended supervision, if the inmate is sentenced under s. 973.01 to which an inmate confined under this contract may be entitled by the laws of Wisconsin will be conducted by the Wisconsin parole earned release review commission under rules of the department.
28,2673
Section
2673. 301.21 (2m) (c) of the statutes is amended to read:
301.21 (2m) (c) Any hearing to consider parole or whether to grant extended supervision, if the prisoner is sentenced under s. 973.01 to which a prisoner confined under a contract under this subsection may be entitled by the laws of Wisconsin shall be conducted by the Wisconsin parole earned release review commission under rules of the department.
28,2674d
Section 2674d. 301.26 (3) (c) of the statutes is amended to read:
301.26 (3) (c) Within the limits of the appropriations under s. 20.410 (3) (cd) and, (ko), and (o), the department shall allocate funds to each county for services under this section.
28,2675
Section
2675. 301.26 (4) (d) 2. of the statutes is amended to read:
301.26 (4) (d) 2. Beginning on July 1, 2007 2009, and ending on June 30, 2008 2010, the per person daily cost assessment to counties shall be $259 $270 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $259 $270 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $277 $298 for care in a residential care center for children and youth, $165 $190 for care in a group home for children, $67 $72 for care in a foster home, $132 $124 for care in a treatment foster home, $99 $101 for departmental corrective sanctions services, and $35 $40 for departmental aftercare services.
28,2676
Section
2676
. 301.26 (4) (d) 2. of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:
301.26 (4) (d) 2. Beginning on July 1, 2009 January 1, 2010, and ending on June 30, 2010, the per person daily cost assessment to counties shall be $270 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $270 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $298 for care in a residential care center for children and youth, $190 for care in a group home for children, $72 for care in a foster home, $124 for care in a treatment foster home under rules promulgated under s. 48.62 (8) (c), $101 for departmental corrective sanctions services, and $40 for departmental aftercare services.
28,2677
Section
2677. 301.26 (4) (d) 3. of the statutes is amended to read:
301.26 (4) (d) 3. Beginning on July 1, 2008 2010, and ending on June 30, 2009 2011, the per person daily cost assessment to counties shall be $268 $275 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $268 $275 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $296 $313 for care in a residential care center for children and youth, $172 $200 for care in a group home for children, $74 $75 for care in a foster home, $145 $130 for care in a treatment foster home, $101 $103 for departmental corrective sanctions services, and $37 $41 for departmental aftercare services.
28,2678
Section
2678
. 301.26 (4) (d) 3. of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:
301.26 (4) (d) 3. Beginning on July 1, 2010, and ending on June 30, 2011, the per person daily cost assessment to counties shall be $275 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $275 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $313 for care in a residential care center for children and youth, $200 for care in a group home for children, $75 for care in a foster home, $130 for care in a treatment foster home under rules promulgated under s. 48.62 (8) (c), $103 for departmental corrective sanctions services, and $41 for departmental aftercare services.
28,2679
Section
2679. 301.26 (4) (e) of the statutes is amended to read:
301.26 (4) (e) For foster care, treatment foster care, group home care, and institutional child care to delinquent juveniles under ss. 49.19 (10) (d), 938.48 (4) and (14), and 938.52 all payments and deductions made under this subsection and uniform fee collections under s. 301.03 (18) shall be credited to the appropriation account under s. 20.410 (3) (ho).
28,2680
Section
2680. 301.26 (4) (ed) of the statutes is amended to read:
301.26 (4) (ed) For foster care, treatment foster care, group home care, and institutional child care to serious juvenile offenders under ss. 49.19 (10) (d), 938.48 (4) and (14), and 938.52 all uniform fee collections under s. 301.03 (18) shall be credited to the appropriation account under s. 20.410 (3) (ho).
28,2681d
Section 2681d. 301.26 (6) (a) of the statutes is amended to read:
301.26 (6) (a) The intent of this subsection is to develop criteria to assist the legislature in allocating funding, excluding funding for base allocations, from the appropriations under s. 20.410 (3) (cd) and, (ko), and (o) for purposes described in this section.
28,2682d
Section 2682d. 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), and (o), the department shall allocate funds for community youth and family aids for the period beginning on July 1, 2007 2009, and ending on June 30, 2009
2011, as provided in this subsection to county departments under ss. 46.215, 46.22, and 46.23 as follows:
28,2683d
Section 2683d. 301.26 (7) (a) (intro.) of the statutes is amended to read:
301.26 (7) (a) (intro.) For community youth and family aids under this section, amounts not to exceed $49,395,100 $50,395,100 for the last 6 months of 2007, $99,790,200 for 2008, 2009, $100,790,200 for 2010, and $50,395,100 for the first 6 months of 2009 2011.
28,2684
Section
2684. 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 2007 2009, $4,000,000 for 2008 2010, and $2,000,000 for the first 6 months of 2009 2011 to counties based on each of the following factors weighted equally:
28,2685
Section
2685. 301.26 (7) (bm) of the statutes is amended to read:
301.26 (7) (bm) Of the amounts specified in par. (a), the department shall allocate $5,250,000 $6,250,000 for the last 6 months of 2007, $11,500,000 for 2008 2009, $12,500,000 for 2010, and $6,250,000 for the first 6 months of 2009 2011 to counties based on each county's proportion of the number of juveniles statewide who are placed in a juvenile correctional facility during the most recent 3-year period for which that information is available.
28,2686
Section
2686. 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 $1,053,200 for the last 6 months of 2007 2009, $2,106,500 for 2008 2010, and $1,053,300 for the first 6 months of 2009 2011 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.
28,2687
Section
2687. 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 2007 2009, $250,000 for 2008 2010, and $125,000 for the first 6 months of 2009 2011. A county is eligible for payments under this paragraph only if it has a population of not more than 45,000.
28,2688
Section
2688. 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 2007 2009, $2,124,800 in 2008 2010, and $1,062,400 in the first 6 months of 2009 2011 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.
28,2689
Section
2689. 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 2007 2009, $1,333,400 in 2008 2010, and $666,700 in the first 6 months of 2009 2011 for alcohol and other drug abuse treatment programs.
28,2690
Section
2690. 301.38 (1) (a) of the statutes is amended to read:
301.38 (1) (a) "Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.
28,2691
Section
2691. 301.46 (3) (a) 1. of the statutes is amended to read:
301.46 (3) (a) 1. "Member of the family" means spouse, domestic partner under ch. 770, child, parent, sibling or legal guardian.
28,2692
Section
2692. 301.46 (4) (a) 6. of the statutes is amended to read:
301.46 (4) (a) 6. A foster home or treatment foster home licensed under s. 48.62.
28,2693
Section
2693. 301.48 (1) (d) of the statutes is amended to read:
301.48 (1) (d) "Lifetime tracking" means global positioning system tracking that is required for a person for the remainder of the person's life or until terminated under sub. (2m), sub. (6), if applicable, or sub. (7) or (7m). "Lifetime tracking" does not include global positioning system tracking under sub. (2) (d), regardless of how long it is required.
28,2694
Section
2694. 301.48 (2) (a) (intro.) of the statutes is amended to read:
301.48 (2) (a) (intro.) Except as provided in sub. subs. (2m), (6), (7), and (7m), the department shall maintain lifetime tracking of a person if any of the following occurs with respect to the person on or after January 1, 2008:
28,2695
Section
2695. 301.48 (2) (b) (intro.) of the statutes is amended to read:
301.48 (2) (b) (intro.) The Except as provided in subs. (7) and (7m), the department shall maintain lifetime tracking of a person if any of the following occurs with respect to the person on or after January 1, 2008:
28,2696
Section
2696. 301.48 (2) (d) of the statutes is amended to read:
301.48 (2) (d) If, on or after January 1, 2008, a person is being placed on probation, extended supervision, parole, or lifetime supervision for committing a sex offense and par. (a) or (b) does not apply, the department may have the person tracked using a global positioning system tracking device, or passive positioning system tracking, as a condition of the person's probation, extended supervision, parole, or lifetime supervision.
28,2699
Section
2699. 301.48 (7m) of the statutes is amended to read:
301.48 (7m) Termination if person moves out of state. Notwithstanding sub. (2), if If a person who is subject to being tracked under this section moves out of state, the department shall terminate the person's tracking. If the person returns to the state, the department shall reinstate the person's tracking except as provided under sub. (6) or (7).
28,2699m
Section 2699m. 302.042 of the statutes is created to read:
302.042 Risk reduction program. (1) The department shall provide risk reduction programming and treatment for inmates sentenced to a risk reduction sentence under s. 973.031.
(2) For each inmate sentenced to a risk reduction sentence under s. 973.031, the department shall:
(a) Conduct a validated and objective assessment of the inmate's criminogenic factors and risk of reoffending.
(b) Develop a program plan for the inmate that is designed to reduce the risk and address the factors identified pursuant to par. (a).
(3) The department may modify an inmate's program plan
if programming or treatment specified in a plan is unavailable to the inmate because of the inmate's security classification, the department discontinues the programming or treatment, or there is a waiting list for the programming or treatment .
(4) The department shall release an inmate who is serving a risk reduction sentence to extended supervision when he or she serves not less than 75 percent of the term of confinement portion of his or her sentence imposed under s. 973.01 and the department determines that he or she has completed the programming or treatment under his or her plan and that the inmate maintained a good conduct record during his or her term of confinement. Not less than 30 days prior to release under this subsection, the department shall notify the sentencing court that the inmate has thus far successfully completed the requirements of his or her risk reduction sentence.
28,2700
Section
2700. 302.045 (1) of the statutes is amended to read:
302.045 (1) Program. The department shall provide a challenge incarceration program for inmates selected to participate under sub. (2). The program shall provide participants with manual labor, personal development counseling, substance abuse treatment and education, military drill and ceremony, counseling, and strenuous physical exercise, for participants who have not attained the age of 30 as of the date on which they begin participating in the program, or age-appropriate strenuous physical exercise, for all other participants, in preparation for release on parole or extended supervision. The program shall provide, according to each participant's needs as assessed under sub. (2) (d), substance abuse treatment and education, including intensive intervention when indicated, personal development counseling, education, employment readiness training, and other treatment options that are directly related to the participant's criminal behavior. The department shall design the program to include not less than 50 participants at a time and so that a participant may complete the program in not more than 180 days. The department may restrict participant privileges as necessary to maintain discipline.
28,2701
Section
2701. 302.045 (2) (d) of the statutes is repealed and recreated to read:
302.045 (2) (d) The department determines, using evidence-based assessment instruments, that one of the following applies:
1. The inmate has a substance abuse treatment need that requires an intensive level of treatment.
2. The inmate has a substance abuse treatment need that does not require an intensive level of treatment but does require education or outpatient services, and the inmate's substance use is not a key factor in his or her criminal behavior.
3. The inmate has one or more treatment needs not related to substance use that is directly related to his or her criminal behavior.
28,2702
Section
2702. 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 earned release review commission shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served. When the parole earned release review commission grants parole under this subsection, it must require the parolee to participate in an intensive supervision program for drug abusers appropriate to the parolee's rehabilitation needs as a condition of parole.
28,2702m
Section 2702m. 302.045 (3m) (d) of the statutes is created to read:
302.045 (3m) (d) Upon receiving a court order modifying an inmate's bifurcated sentence, the department shall release the inmate within 6 working days, as defined in s. 227.01 (14) and as computed in s. 990.001 (4).
28,2703
Section
2703. 302.05 (title) of the statutes is amended to read:
302.05 (title) Wisconsin substance abuse earned release program.
28,2704
Section
2704. 302.05 (1) (am) (intro.) of the statutes is renumbered 302.05 (1) and amended to read:
302.05 (1) The department of corrections and the department of health services may designate a section of a mental health institute as a correctional treatment facility for the treatment of substance abuse of inmates transferred from Wisconsin state prisons. This section shall be administered by the department of corrections and shall be known as the Wisconsin substance abuse program. The department of corrections and the department of health services shall ensure that the residents at the institution and the residents in the substance abuse program: shall, at any correctional facility the department determines is appropriate, provide a rehabilitation program for inmates for the purposes of the earned release program described in sub. (3).
28,2705
Section
2705. 302.05 (1) (am) 1. of the statutes is repealed.
28,2706
Section
2706. 302.05 (1) (am) 2. of the statutes is repealed.
28,2707
Section
2707. 302.05 (1) (c) of the statutes is repealed.
28,2708
Section
2708. 302.05 (2) of the statutes is amended to read:
302.05 (2) Transfer to a correctional treatment facility for the treatment of substance abuse participation in a program described in sub. (1) shall be considered a transfer under s. 302.18.
28,2709
Section
2709. 302.05 (3) (b) of the statutes is amended to read:
302.05 (3) (b) Except as provided in par. (d), if the department determines that an eligible inmate serving a sentence other than one imposed under s. 973.01 has successfully completed a treatment rehabilitation program described in sub. (1), the parole earned release review commission shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served. If the parole earned release review commission grants parole under this paragraph, it shall require the parolee to participate in an intensive supervision program for drug abusers appropriate to the parolee's rehabilitation needs as a condition of parole.
28,2710
Section
2710. 302.05 (3) (c) 1. of the statutes is amended to read:
