Amendment ASA1-AB100

AB100-ASA1,1614,17 (f) A description of the measures that the participant has taken or will take to prevent future violations.

AB100-ASA1,1615,4 (13) Compliance schedules. (a) If the department receives a report under sub. (12) that contains a proposed compliance schedule under sub. (12) (e), the department shall review the proposed compliance schedule. The department may approve the compliance schedule as submitted or propose a different compliance schedule. If the participant does not agree to implement a compliance schedule proposed by the department, the department shall schedule a meeting with the participant to attempt to reach an agreement on a compliance schedule. If the department and the participant do not reach an agreement on a compliance schedule, the department shall initiate the procedure under sub. (7) (c) 2. to revoke the cooperative agreement. If the parties agree to a compliance schedule, the department shall amend the cooperative agreement to incorporate the compliance schedule.

AB100-ASA1,1615,8 (b) The department may not approve a compliance schedule that extends longer than 12 months beyond the date of approval of the compliance schedule. The department shall consider the following factors in determining whether to approve a compliance schedule:

AB100-ASA1,1615,9 1. The environmental and public health consequences of the violations.

AB100-ASA1,1615,12 2. The time needed to implement a change in raw materials or method of production if that change is an available alternative to other methods of correcting the violations.

AB100-ASA1,1615,14 3. The time needed to purchase any equipment or supplies that are needed to correct the violations.

AB100-ASA1,1615,18 (14) Deferred civil enforcement. (a) 1. This state may not commence a civil action to collect forfeitures for violations at a facility covered by a cooperative agreement that are disclosed in a report that meets the requirements of sub. (12) for at least 90 days after the department receives the report.

AB100-ASA1,1615,22 2. If the participant corrects violations that are disclosed in a report that meets the requirements of sub. (12) within 90 days after the department receives a report that meets the requirements of sub. (12), this state may not commence a civil action to collect forfeitures for the violations.

AB100-ASA1,1616,4 3. This state may not commence a civil action to collect forfeitures for violations covered by a compliance schedule that is approved under sub. (13) during the period of the compliance schedule if the participant is not violating the compliance schedule. If the participant violates the compliance schedule, the department may collect the stipulated penalties in the compliance schedule or may revoke the cooperative agreement. After the department revokes a cooperative agreement, this state may commence civil action to collect forfeitures for the violations.

AB100-ASA1,1616,7 4. If the department approves a compliance schedule under sub. (13) and the participant corrects the violations according to the compliance schedule, this state may not commence a civil action to collect forfeitures for the violations.

AB100-ASA1,1616,9 (b) Notwithstanding par. (a), this state may at any time commence a civil action to collect forfeitures for violations if any of the following apply:

AB100-ASA1,1616,11 1. The violations present an imminent threat to public health or the environment or may cause serious harm to public health or the environment.

AB100-ASA1,1616,13 2. The department discovers the violations before submission of a report under sub. (12).

AB100-ASA1,1616,16 (15) Access to records. (a) Except as provided in par. (b), the department shall make any record, report or other information obtained in the administration of this section available to the public.

AB100-ASA1,1616,22 (b) The department shall keep confidential any part of a record, report or other information obtained in the administration of this section, other than emission data, discharge data or information contained in a cooperative agreement, upon a showing satisfactory to the department by any person that the part of a record, report or other information would, if made public, divulge a method or process that is entitled to protection as a trade secret, as defined in s. 134.90 (1) (c), of that person.

AB100-ASA1,1617,3 (c) If the department refuses to release information on the grounds that it is confidential under par. (b) and a person challenges that refusal, the department shall inform the applicant or participant of that challenge. Unless the applicant or participant authorizes the department to release the information, the applicant or participant shall pay the reasonable costs incurred by this state to defend the refusal to release the information.

AB100-ASA1,1617,9 (d) Paragraph (b) does not prevent the disclosure of any information to a representative of the department for the purpose of administering this section or to an officer, employe or authorized representative of the federal government for the purpose of administering federal law. When the department provides information that is confidential under par. (b) to the federal government, the department shall also provide a copy of the application for confidential status.

AB100-ASA1,1617,15 (16) Reports concerning the program under this section. (a) Beginning not later than the first day of the 13th month beginning after the effective date of this paragraph .... [revisor inserts date], the secretary of natural resources shall submit an annual progress report on the program under this section to the governor, the environmental performance council and, under s. 13.172 (3), the standing committees of the legislature with jurisdiction over environmental matters.

AB100-ASA1,1617,21 (b) Not later than the first day of the 48th month beginning after the effective date of this paragraph .... [revisor inserts date], the secretary of natural resources shall submit a report to the governor, the environmental performance council and, under s. 13.172 (2) the legislature on the success of the program under this section. The report shall include recommendations concerning the continuation of the program under this section and any changes that should be made to the program.

AB100-ASA1, s. 2769 Section 2769. 301.01 (4) of the statutes is amended to read:

AB100-ASA1,1617,25 301.01 (4) "State correctional institution" means a state prison under s. 302.01 or a secured correctional facility, as defined in s. 938.02 (15m), other than the Mendota Juvenile Treatment Center.

AB100-ASA1, s. 2770 Section 2770. 301.03 (10) (d) of the statutes is amended to read:

AB100-ASA1,1618,7 301.03 (10) (d) Administer the office of juvenile offender review program in the division of juvenile corrections in the department. The program office shall be responsible for decisions regarding case planning and , the release of juvenile offenders from juvenile correctional institutions to aftercare and corrective sanctions placements and the transfer of juveniles to the Racine youthful offender correctional facility named in s. 302.01 as provided in s. 938.357 (4) (d).

AB100-ASA1, s. 2771 Section 2771. 301.03 (10) (e) of the statutes is amended to read:

AB100-ASA1,1618,11 301.03 (10) (e) Provide educational programs in all secured correctional facilities, as defined in s. 938.02 (15m), other than the Mendota Juvenile Treatment Center.

AB100-ASA1, s. 2772 Section 2772. 301.03 (10) (f) of the statutes is amended to read:

AB100-ASA1,1618,15 301.03 (10) (f) Provide health services and psychiatric services for residents of all secured correctional facilities, as defined in s. 938.02 (15m) , other than the Mendota Juvenile Treatment Center.

AB100-ASA1, s. 2773 Section 2773. 301.03 (13) of the statutes is created to read:

AB100-ASA1,1618,19 301.03 (13) Annually notify each person who has been discharged from probation or parole and who owed any supervision fees at the time of discharge of any supervision fees owed by the person to the department.

AB100-ASA1, s. 3800m Section 3800m. 301.031 (2r) (a) 4. of the statutes is amended to read:

AB100-ASA1,1618,23 301.031 (2r) (a) 4. Is for inpatient treatment in excess of an average of 21 days, as provided in s. 51.423 (12), excluding care for patients at the centers a center for the developmentally disabled.

AB100-ASA1, s. 2774 Section 2774. 301.048 (7) of the statutes is amended to read:

AB100-ASA1,1619,3 301.048 (7) Reimbursement. The department shall provide reimbursement to counties and others for the actual costs incurred under sub. (3), as authorized by the department, from the appropriations under s. 20.410 (1) (ab) and (ai) (b).

AB100-ASA1, s. 3820m Section 3820m. 301.07 of the statutes is amended to read:

AB100-ASA1,1619,8 301.07 (title) Cooperation and contracts with federal government. The department may cooperate with the federal government in carrying out federal acts concerning adult corrections and youth corrections and may enter into contracts with the federal government under 18 USC 5003.

AB100-ASA1, s. 2775 Section 2775. 301.08 (1) (c) 1. of the statutes is repealed.

AB100-ASA1, s. 2776 Section 2776. 301.08 (1) (c) 2. of the statutes is amended to read:

AB100-ASA1,1619,14 301.08 (1) (c) 2. Beginning on January 1, 1996, the department may contract with public, private or voluntary vendors for the supervision or for any component of the supervision of probationers and parolees who are under minimum supervision or administrative supervision. The

AB100-ASA1,1619,17 3. Except as provided in subd. 3m., a contract under subd. 2. shall authorize any such a vendor to charge a fee to probationers and parolees sufficient to cover the cost of supervision and administration of the contract.

AB100-ASA1,1619,20 4. If the department collects any moneys from a vendor under the a contract under subd. 2., the department shall credit those moneys to the appropriation account under s. 20.410 (1) (ge).

AB100-ASA1,1619,24 5. The department shall promulgate rules for fees, collections, reporting and verification regarding probationers and parolees supervised by the a vendor who contracts with the department under subd. 2. and shall promulgate rules defining "administrative supervision" and "minimum supervision".

AB100-ASA1, s. 2777 Section 2777. 301.08 (1) (c) 3m. of the statutes is created to read:

AB100-ASA1,1620,4 301.08 (1) (c) 3m. A contract under subd. 2. shall permit the department to prohibit a vendor from charging a fee to a probationer or parolee who is supervised under the contract if the probationer or parolee demonstrates that he or she is unable to pay the fee because of any of the following:

AB100-ASA1,1620,6 a. The probationer or parolee is undergoing treatment approved by the department and is unable to work.

AB100-ASA1,1620,9 b. The probationer or parolee has a statement from a physician certifying to the department that the probationer or parolee should be excused from working for medical reasons.

AB100-ASA1, s. 3824m Section 3824m. 301.08 (3) of the statutes is created to read:

AB100-ASA1,1620,12 301.08 (3) Notification concerning plans for transitional housing. (a) In this subsection, "political subdivision" means a city, village, town or county.

AB100-ASA1,1620,15 (b) Before contracting under this section for transitional housing for the temporary placement of persons on parole or probation, the department shall notify all of the following of the proposed contract:

AB100-ASA1,1620,17 1. The police department of the political subdivision in which the transitional housing will be located.

AB100-ASA1,1620,18 2. The sheriff for the county in which the transitional housing will be located.

AB100-ASA1,1620,20 3. The chief elected official of the political subdivision in which the transitional housing will be located.

AB100-ASA1,1620,24 4. The newspaper designated as the official newspaper of the political subdivision in which the transitional housing will be located, or, if there is no designated official newspaper, a newspaper published or having general circulation in the political subdivision and eligible under s. 985.03 as an official newspaper.

AB100-ASA1,1621,3 (c) A person notified under par. (b) of a proposed contract for transitional housing shall notify the general public of the proposed contract in a manner and to the extent that the person determines is appropriate.

AB100-ASA1, s. 2778 Section 2778. 301.16 (1p) of the statutes is renumbered 301.16 (1x).

AB100-ASA1, s. 2779 Section 2779. 301.16 (1r) of the statutes is created to read:

AB100-ASA1,1621,13 301.16 (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 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 at any one time.

AB100-ASA1, s. 2780 Section 2780. 301.18 (1) (by) of the statutes is created to read:

AB100-ASA1,1621,16 301.18 (1) (by) Provide the facilities necessary for the Racine Youthful Offender Correctional Facility under s. 301.16 (1r).

AB100-ASA1, s. 3830e Section 3830e. 301.21 (title) of the statutes is amended to read:

AB100-ASA1,1621,19 301.21 (title) Contracts with for the transfer and confinement of Wisconsin prisoners in other states.

AB100-ASA1, s. 3830m Section 3830m. 301.21 (1) to (5) of the statutes are renumbered 301.21 (1m) (a) to (e), and 301.21 (1m) (b), (d) and (e), as renumbered, are amended to read:

AB100-ASA1,1621,25 301.21 (1m) (b) Inmates from Wisconsin state prisons while in an institution in another state are subject to all provisions of law and regulation concerning the confinement of persons committed for violations of the laws of that state, except as otherwise provided for by any contract entered into under sub. (1) this subsection.

AB100-ASA1,1622,2 (d) Sections 16.75 and 301.08 (2) do not apply to contracts entered into under sub. (1) this subsection.

AB100-ASA1,1622,8 (e) The provisions of this section subsection are severable, as provided in s. 990.001 (11). The provisions of any contract entered into under sub. (1) this subsection are severable. If any provision of such a contract is invalid, or if the application of a provision of the contract to any person or circumstance is invalid, the invalidity does not affect other provisions or applications which can be given effect without the invalid provision or application.

AB100-ASA1, s. 3830r Section 3830r. 301.21 (2m) of the statutes is created to read:

AB100-ASA1,1622,13 301.21 (2m) (a) The department may enter into one or more contracts with a private person for the transfer and confinement in another state of prisoners who have been committed to the custody of the department. Any such contract shall provide for all of the following

AB100-ASA1,1622,14 1. A termination date.

AB100-ASA1,1622,18 2. Provisions concerning the costs of prisoner maintenance, extraordinary medical and dental expenses and any participation in or receipt by prisoners of rehabilitative or correctional services, facilities, programs or treatment, including those costs not reasonably included as part of normal maintenance.

AB100-ASA1,1622,22 3. Provisions concerning any participation in programs of prisoner employment if any, the disposition or crediting of any payments received by prisoners on account of employment, and the crediting of proceeds from or disposal of any products resulting from employment.

AB100-ASA1,1622,23 4. Delivery and retaking of prisoners.

AB100-ASA1,1622,25 5. Regular reporting procedures concerning Wisconsin prisoners by the private person with which the department is contracting.

AB100-ASA1,1623,1 6. Provisions concerning procedures for probation, parole and discharge.

AB100-ASA1,1623,3 7. The same standards of reasonable and humane care as the prisoners would receive in an appropriate Wisconsin institution.

AB100-ASA1,1623,6 8. Any other matters as are necessary and appropriate to fix the obligations, responsibilities and rights of Wisconsin and the private person with which the department is contracting.

AB100-ASA1,1623,10 (b) While in an institution in another state covered by a contract under this subsection, Wisconsin prisoners are subject to all provisions of law and regulation concerning the confinement of persons in that institution under the laws of that state.

AB100-ASA1,1623,13 (c) Any hearing to consider parole 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 commission under rules of the department.

AB100-ASA1,1623,18 (e) The provisions of any contract entered into under this subsection are severable. If any provision of such a contract is invalid, or if the application of a provision of the contract to any person or circumstance is invalid, the invalidity does not affect other provisions or applications which can be given effect without the invalid provision or application.

AB100-ASA1, s. 2781 Section 2781. 301.26 (3) (c) of the statutes is amended to read:

AB100-ASA1,1623,22 301.26 (3) (c) Within the limits of the appropriations under s. 20.410 (3) (cd) and (oo) (ko), the department shall allocate funds to each county for services under this section.

AB100-ASA1, s. 2782 Section 2782. 301.26 (4) (a) of the statutes is amended to read:

AB100-ASA1,1624,10 301.26 (4) (a) Except as provided in pars. (c) and (cm), the department of corrections shall bill counties or deduct from the allocations under s. 20.410 (3) (cd) for the costs of care, services and supplies purchased or provided by the department of corrections for each person receiving services under s. 48.366, 938.183 (2) or 938.34 or the department of health and family services for each person receiving services under s. 46.057 or 51.35 (3). The department of corrections may not bill a county for or deduct from a county's allocation the cost of care, services and supplies provided to a person subject to an order under s. 48.366 or 938.183 (2) after the person reaches 18 years of age. Payment shall be due within 60 days after the billing date. If any payment has not been received within 60 days, the department of corrections may withhold aid payments in the amount due from the appropriation under s. 20.410 (3) (cd).

AB100-ASA1, s. 2783 Section 2783. 301.26 (4) (b) of the statutes is amended to read:

AB100-ASA1,1625,2 301.26 (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) 3m. and 2. to 4. 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 (2) 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 (2) and 938.34 and the department of health and family services under s. 46.057 or 51.35 (3).

AB100-ASA1, s. 2784 Section 2784. 301.26 (4) (c) of the statutes is amended to read:

AB100-ASA1,1625,9 301.26 (4) (c) Notwithstanding pars. (a), (b) and (bm), the department of corrections shall pay, from the appropriation account under s. 20.410 (3) (hm), the costs of care, services and supplies provided for each person receiving services under s. 46.057, 48.366, 51.35 (3), 938.183 (2) or 938.34 who was under the guardianship of the department of health and family services pursuant to an order under ch. 48 at the time that the person was adjudicated delinquent.

AB100-ASA1, s. 2785 Section 2785. 301.26 (4) (cm) 3. of the statutes is amended to read:

AB100-ASA1,1625,14 301.26 (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) 3m. and 2. to 4. for juvenile correctional services.

AB100-ASA1, s. 2786 Section 2786. 301.26 (4) (d) 1. of the statutes is amended to read:

AB100-ASA1,1625,19 301.26 (4) (d) 1. Except as provided in pars. (e) to (g), for services under s. 938.34, all payments and deductions made under this subsection and uniform fee collections made under s. 46.03 (18) shall be deposited in credited to the appropriation account under s. 20.410 (3) (hm).