2009 Wisconsin Act 28

289.67 (2) (c) (intro.) No tonnage fees may be assessed under par. (a) for the following hazardous wastes:

28,2662 Section 2662. 289.67 (2) (de) of the statutes is created to read:

289.67 (2) (de) The department shall promulgate a rule that defines "large quantity generator" and "small quantity generator" for the purposes of this subsection.

28,2663 Section 2663. 292.11 (7) (b) of the statutes is renumbered 292.11 (7) (b) 1.

28,2664 Section 2664. 292.11 (7) (b) 2. of the statutes is created to read:

292.11 (7) (b) 2. If the department authorizes reimbursement under subd. 1. to be paid over time, it shall require monthly payments of interest, at a rate determined by the department, on the unpaid balance of the reimbursement.

28,2665 Section 2665. 292.31 (8) (e) of the statutes is created to read:

292.31 (8) (e) Interest payment. If the department authorizes an amount that the state is entitled to recover under this subsection to be paid over time, it shall require monthly payments of interest, at a rate determined by the department, on the unpaid balance of that amount.

28,2665e Section 2665e. 292.68 (7) (b) of the statutes is amended to read:

292.68 (7) (b) The department may only approve reimbursement for costs incurred on or after the first day of the 24th month before the month in which the application is submitted, except that the department may approve reimbursement for costs incurred between May 1, 2007, and June 30, 2009, if the application is submitted before July 1, 2011.

28,2665m Section 2665m. 299.15 (3) (am) 3. of the statutes is amended to read:

299.15 (3) (am) 3. After June 30, 1992, the fee under this paragraph shall be paid by each person required to obtain a permit under s. 283.31, other than a person who owns or operates a concentrated animal feeding operation. After June 30, 1992, the fee to be paid by a person under this paragraph shall be an amount determined under a rule promulgated by the department and shall be based on those pollutants included in the permit under s. 283.31 that are specified by the department by rule, the environmental harm caused by the pollutants discharged, the quantity of the pollutants discharged and the quality of the water receiving the discharge.

28,2665r Section 2665r. 299.93 (1) of the statutes is renumbered 299.93 (1) (intro.) and amended to read:

299.93 (1) (intro.) If a court imposes a fine or forfeiture for a violation of a provision of this chapter or chs. 280 to 285 or 289 to 295 or a rule or order issued under this chapter or chs. 280 to 285 or 289 to 295, the court shall impose an environmental surcharge under ch. 814 equal to 10% the following:

(a) If the violation was committed before the effective date of this paragraph .... [LRB inserts date], 10 percent of the amount of the fine or forfeiture.

28,2665s Section 2665s. 299.93 (1) (b) of the statutes is created to read:

299.93 (1) (b) If the violation was committed on or after the effective date of this paragraph .... [LRB inserts date], 20 percent of the amount of the fine or forfeiture.

28,2666 Section 2666. 301.03 (3) of the statutes is amended to read:

301.03 (3) Administer parole, extended supervision , and probation matters, except that the decision to grant or deny parole or to grant extended supervision under s. 304.06 (1) to inmates shall be made by the parole earned release review commission and the decision to revoke probation, extended supervision or parole in cases in which there is no waiver of the right to a hearing shall be made by the division of hearings and appeals in the department of administration. The secretary may grant special action parole releases under s. 304.02. The department may discharge inmates from extended supervision under s. 973.01 (4m) and may modify a bifurcated sentence under s. 302.113 (9h), and the earned release review commission may modify a sentence under s. 302.1135. The department shall promulgate rules establishing a drug testing program for probationers, parolees and persons placed on extended supervision. The rules shall provide for assessment of fees upon probationers, parolees and persons placed on extended supervision to partially offset the costs of the program.

28,2666m Section 2666m. 301.03 (6t) of the statutes is amended to read:

301.03 (6t) On or before January 1 of each odd-numbered year, submit a report to the joint committee on finance and to the chief clerk of each house of the legislature on the use of overtime in the state correctional institutions, identifying the state correctional institution, and, for each correctional institution, the amount and costs of overtime at each correctional institution, and the reason for the overtime at each that correctional institution.

28,2666r Section 2666r. 301.03 (21) of the statutes is created to read:

301.03 (21) Notify the director of the office of state employee relations whenever a unit supervisor position in the division of adult institutions becomes vacant.

28,2667 Section 2667. 301.046 (4) (a) 1. of the statutes is amended to read:

301.046 (4) (a) 1. "Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.

28,2668 Section 2668. 301.048 (2) (am) 3. of the statutes is amended to read:

301.048 (2) (am) 3. The parole earned release review commission grants him or her parole under s. 304.06 and requires his or her participation in the program as a condition of parole under s. 304.06 (1x).

28,2669 Section 2669. 301.048 (4m) (a) 1. of the statutes is amended to read:

301.048 (4m) (a) 1. "Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.

28,2669h Section 2669h. 301.068 of the statutes is created to read:

301.068 Community services to reduce recidivism. (1) The department shall establish community services that have the goals of increasing public safety, reducing the risk that offenders on community supervision will reoffend, and reducing by 25 percent between the fiscal years 2007-08 and 2010-11 the recidivism rate of persons who are on probation, parole, or extended supervision following a felony conviction. In establishing community services under this section, the department shall consider the capacity of existing services and any needs that are not met by existing services.

(2) The community services to reduce recidivism under sub. (1) shall include all of the following:

(a) Alcohol and other drug treatment, including residential treatment, outpatient treatment, and aftercare.

(b) Cognitive group intervention.

(c) Day reporting centers.

(d) Treatment and services that evidence has shown to be successful and to reduce recidivism.

(3) The department shall ensure that community services established under sub. (1) meet all of the following conditions:

(a) The community services target offenders at a medium or high risk for revocation or recidivism as determined by valid, reliable, and objective risk assessment instruments that the department has approved.

(b) The community services provide offenders with necessary supervision and services that improve their opportunity to complete their terms of probation, parole, or extended supervision. The community services may include employment training and placement, educational assistance, transportation, and housing. The community services shall focus on mitigating offender attributes and factors that are likely to lead to criminal behavior.

(c) The community services use a system of intermediate sanctions on offenders for violations.

(d) The community services are based upon assessments of offenders using valid, reliable, and objective instruments that the department has approved.

(4) The department shall develop a system for monitoring offenders receiving community services under this section that evaluates how effective the services are in decreasing the rates of arrest, conviction, and imprisonment of the offenders receiving the services.

(5) The department shall provide to probation, extended supervision, and parole agents training and skill development in reducing offenders' risk of reoffending and intervention techniques and shall by rule set forth requirements for the training and skill development. The department shall develop policies to guide probation, extended supervision, and parole agents in the supervision and revocation of offenders on probation, extended supervision, and parole and develop practices regarding alternatives to revocation of probation, extended supervision, or parole.

(6) The department shall annually submit a report to the governor, the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3), and the director of state courts. The report shall set forth the scope of the community services established under sub. (1); the number of arrests of, convictions of, and prison sentences imposed on offenders receiving the community services under this section; and the progress toward the 25 percent recidivism reduction goal under sub. (1) and any adjustment that will be made to reach that goal .

28,2669k Section 2669k. 301.095 of the statutes is created to read:

301.095 Council on offender reentry. The council on offender reentry shall do all of the following:

(1) Inform the public as to the time and place of council meetings and, for at least one meeting per year, encourage public participation and receive public input in a means determined by the chairperson.

(2) Coordinate reentry initiatives across the state and research federal grant opportunities to ensure initiatives comply with eligibility requirements for federal grants.

(3) Identify methods to improve collaboration and coordination of offender transition services, including training across agencies and sharing information that will improve the lives of the offenders and the families of offenders.

(4) Establish a means to share data, research, and measurement resources that relate to reentry initiatives.

(5) Identify funding opportunities that should be coordinated across agencies to maximize the use of state and community-based services as the services relate to reentry.

(6) Identify areas in which improved collaboration and coordination of activities and programs would increase effectiveness or efficiency of services.

(7) Promote research and program evaluation that can be coordinated across agencies with an emphasis on research and evaluation practices that are based on evidence of success in treatment and intervention programs.

(8) Identify and review existing reentry policies, programs, and procedures to ensure that each policy, program, and procedure is based on evidence of success in allowing an offender to reenter the community, improves the chances of successful offender reentry into the community, promotes public safety, and reduces recidivism.

(9) Promote collaboration and communication between the department and community organizations that work in offender reentry.

(10) Work to include victims in the reentry process ; facilitate dialogue between a victim and an offender if the victim requests; and promote services for victims, including payments of any restitution and fines by the offenders, safety training, and support and counseling, while the offenders are incarcerated and after the offenders are released.

(11) Annually submit a report to the governor, any relevant state agencies, as identified by the council, and to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) that provides information on all of the following:

(a) The progress of the council's work.

(b) Any impact the council's work has had on recidivism.

(c) The effectiveness of agency coordination and communication.

(d) The implementation of a reentry strategic plan.

(e) Recommendations on legislative initiatives and policy initiatives that are consistent with the duties of the council.

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.