Amendment SA1-SB345

SENATE AMENDMENT 1, TO 1997 SENATE BILL 345

February 10, 1998 - Offered by Committee on Judiciary, Campaign Finance Reform and Consumer Affairs.

SB345-SA1,1,1 At the locations indicated, amend the bill as follows:

SB345-SA1,1,2 1. Page 3, line 1: delete "supervision and" and substitute "supervision,".

SB345-SA1,1,3 2. Page 3, line 2: after "authority" insert "and making an appropriation".

SB345-SA1,1,5 3. Page 5, line 5: delete the material beginning with that line and ending with page 6, line 4, and substitute:

SB345-SA1,1,7 " Section 2m. 20.410 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB345-SA1,2,2 20.410 (1) (b) Services for community corrections. The amounts in the schedule to provide services related to probation, extended supervision and parole, the intensive sanctions program under s. 301.048, the community residential confinement program under s. 301.046, programs of intensive supervision of adult offenders and minimum security correctional institutions established under s. 301.13. No payments may be made under this paragraph for payments in accordance with other states party to the interstate corrections compact under s. 302.25.".

SB345-SA1,2,3 4. Page 6, line 11: delete lines 11 to 16 and substitute:

SB345-SA1,2,5 " Section 4m. 20.410 (1) (d) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB345-SA1,2,10 20.410 (1) (d) Purchased services for offenders. The amounts in the schedule for the purchase of goods, care and services, including community-based residential care, authorized under s. 301.08 (1) (b) 1., for inmates, probationers and, parolees and persons on extended supervision. In addition, funds from this appropriation shall be used to reimburse programs under s. 38.04 (12).".

SB345-SA1,2,11 5. Page 7, line 10: delete lines 10 to 20 and substitute:

SB345-SA1,2,13 " Section 8m. 20.410 (1) (ge) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB345-SA1,2,19 20.410 (1) (ge) Administrative and minimum supervision. The amounts in the schedule for the supervision of probationers and, parolees and persons on extended supervision under minimum or administrative supervision and for the department's costs associated with contracts under s. 301.08 (1) (c) 2. All moneys received from vendors under s. 301.08 (1) (c) 4. and from fees charged under s. 304.073 (2) shall be credited to this appropriation account.

SB345-SA1, s. 9m Section 9m. 20.410 (1) (gf) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB345-SA1,3,2 20.410 (1) (gf) (title) Probation and, parole and extended supervision. The amounts in the schedule for probation and, parole and extended supervision. All moneys received from fees charged under s. 304.074 (2) shall be credited to this appropriation account.".

SB345-SA1,3,4 6. Page 7, line 21: delete the material beginning with that line and ending with page 8, line 2, and substitute:

SB345-SA1,3,5 " Section 10g. 20.433 (1) (c) of the statutes is created to read:

SB345-SA1,3,12 20.433 (1) (c) Child abuse and neglect prevention grants. A sum sufficient equal to 0.5% of the total amounts appropriated and estimated to be expended from all sources for the department of corrections for each fiscal year as shown in the schedule under s. 20.005 (3), to be used for grants to organizations under s. 48.982 (4), (6) and (7) and for statewide projects under s. 48.982 (5). The child abuse and neglect prevention board may not encumber or expend more than $1,749,700 from this appropriation between January 1, 1999, and June 30, 1999.

SB345-SA1, s. 10h Section 10h. 20.433 (1) (c) of the statutes, as created by 1997 Wisconsin Act .... (this act), is amended to read:

SB345-SA1,3,21 20.433 (1) (c) Child abuse and neglect prevention grants. A sum sufficient equal to 0.5% of the total amounts appropriated and estimated to be expended from all sources for the department of corrections for each fiscal year as shown in the schedule under s. 20.005 (3), to be used for grants to organizations under s. 48.982 (4), (6) and (7) and for statewide projects under s. 48.982 (5). The child abuse and neglect prevention board may not encumber or expend more than $1,749,700 from this appropriation between January 1, 1999, and June 30, 1999.

SB345-SA1, s. 10r Section 10r. 20.435 (3) (b) of the statutes is created to read:

SB345-SA1,4,6 20.435 (3) (b) Child abuse and neglect prevention grants and projects. A sum sufficient equal to 0.5% of the total amounts appropriated and estimated to be expended from all sources for the department of corrections for each fiscal year as shown in the schedule under s. 20.005 (3), to be used for grants to programs and statewide projects the primary goal of which is the prevention of child abuse and neglect. The department of health and family services may not encumber or expend more than $1,749,700 from this appropriation between January 1, 1999, and June 30, 1999.

SB345-SA1, s. 10s Section 10s. 20.435 (3) (b) of the statutes, as created by 1997 Wisconsin Act .... (this act), is amended to read:

SB345-SA1,4,16 20.435 (3) (b) Child abuse and neglect prevention grants and projects. A sum sufficient equal to 0.5% of the total amounts appropriated and estimated to be expended from all sources for the department of corrections for each fiscal year as shown in the schedule under s. 20.005 (3), to be used for grants to programs and statewide projects the primary goal of which is the prevention of child abuse and neglect. The department of health and family services may not encumber or expend more than $1,749,700 from this appropriation between January 1, 1999, and June 30, 1999.

SB345-SA1, s. 10w Section 10w. 46.03 (7) (f) of the statutes is created to read:

SB345-SA1,4,25 46.03 (7) (f) In consultation with the child abuse and neglect prevention board, develop a plan for the expenditure of funds from the appropriation account under s. 20.435 (3) (b). The plan shall ensure that funds from the appropriation account under s. 20.435 (3) (b) are not used to supplant any other funding the department provides for the prevention of child abuse and neglect. Beginning in 1999, by June 30 of each year the department shall submit a copy of the plan for the next fiscal year to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s. 13.172 (3).".

SB345-SA1,5,1 7. Page 9, line 2: after that line insert:

SB345-SA1,5,2 " Section 14e. 48.982 (4) (a) of the statutes is amended to read:

SB345-SA1,5,6 48.982 (4) (a) From the appropriations under s. 20.433 (1) (c), (h), (i), (k), (m) and (q), the board shall award grants to organizations in accordance with the plan developed under sub. (2) (a). In each of the first 2 fiscal years in which grants are awarded, no organization may receive a grant or grants totaling more than $15,000.

SB345-SA1, s. 14f Section 14f. 48.982 (5) of the statutes is amended to read:

SB345-SA1,5,10 48.982 (5) Statewide projects. From the appropriations under s. 20.433 (1) (c), (i) and (r), the board shall administer any statewide project for which it has accepted money under sub. (2m) (c).

SB345-SA1, s. 14g Section 14g. 48.982 (6) (a) of the statutes is amended to read:

SB345-SA1,5,16 48.982 (6) (a) From the appropriations under s. 20.433 (1) (b), (c), (h), (i), (k), (ma) and (q), the board shall award grants to organizations in accordance with the request-for-proposal procedures developed under sub. (2) (a). No organization may receive a grant or grants under this subsection totaling more than $75,000 in any year.

SB345-SA1, s. 14h Section 14h. 48.982 (7) (a) of the statutes is amended to read:

SB345-SA1,5,20 48.982 (7) (a) From the appropriations under s. 20.433 (1) (c), (h), (i), (k) and (q), the board shall award grants to organizations in accordance with the plan developed under sub. (2) (a).

SB345-SA1, s. 14m Section 14m. 49.124 (6) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

SB345-SA1,6,2 49.124 (6) Ineligibility for fugitive felons. No person is eligible for the food stamp program in a month in which that person is a fugitive felon under 7 USC 2015 (k) (1) or is violating a condition of probation, extended supervision or parole imposed by a state or federal court.

SB345-SA1, s. 14p Section 14p. 49.145 (2) (rm) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

SB345-SA1,6,6 49.145 (2) (rm) The individual is not violating a condition of probation, extended supervision or parole imposed under federal or state law.

SB345-SA1, s. 14t Section 14t. 49.32 (10) (a) 2. a. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB345-SA1,6,12 49.32 (10) (a) 2. a. That the recipient or participant is a fugitive felon under 42 USC 608 (a) (9), is violating a condition of probation, extended supervision or parole imposed under state or federal law or has information that is necessary for the officer to conduct the official duties of the officer.".

SB345-SA1,6,13 8. Page 18, line 24: after that line insert:

SB345-SA1,6,15 " Section 43m. 301.03 (13) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

SB345-SA1,6,18 301.03 (13) Annually notify each person who has been discharged from probation, extended supervision or parole and who owed any supervision fees at the time of discharge of any supervision fees owed by the person to the department.".

SB345-SA1,6,20 9. Page 18, line 25: delete the material beginning with that line and ending with page 19, line 4.

SB345-SA1,6,22 10. Page 22, line 16: delete the material beginning with that line and ending with page 23, line 16, and substitute:

SB345-SA1,6,24 " Section 61m. 301.08 (1) (c) 2., 3., 3m. and 5. of the statutes, as affected by 1997 Wisconsin Act 27, are amended to read:

SB345-SA1,7,4 301.08 (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 and persons on extended supervision who are under minimum supervision or administrative supervision.

SB345-SA1,7,8 3. Except as provided in subd. 3m., a contract under subd. 2. shall authorize a vendor to charge a fee to probationers and, parolees and persons on extended supervision sufficient to cover the cost of supervision and administration of the contract.

SB345-SA1,7,13 3m. A contract under subd. 2. shall permit the department to prohibit a vendor from charging a fee to a probationer or, parolee or person on extended supervision who is supervised under the contract if the probationer or , parolee or person on extended supervision demonstrates that he or she is unable to pay the fee because of any of the following:

SB345-SA1,7,15 a. The probationer or, parolee or person on extended supervision is undergoing treatment approved by the department and is unable to work.

SB345-SA1,7,19 b. The probationer or, parolee or person on extended supervision has a statement from a physician certifying to the department that the probationer or, parolee or person on extended supervision should be excused from working for medical reasons.

SB345-SA1,7,24 5. The department shall promulgate rules for fees, collections, reporting and verification regarding probationers and, parolees and persons on extended supervision supervised by a vendor who contracts with the department under subd. 2. and shall promulgate rules defining "administrative supervision" and "minimum supervision".

SB345-SA1, s. 62m Section 62m. 301.08 (3) (b) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

SB345-SA1,8,6 301.08 (3) (b) (intro.) Before contracting under this section for transitional housing for the temporary placement of persons on parole or , probation or extended supervision, the department shall notify all of the following of the proposed contract:".

SB345-SA1,8,7 11. Page 24, line 3: delete that line and substitute:

SB345-SA1,8,9 " Section 66m. 301.21 (1m) (a) 8. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:".

SB345-SA1,8,10 12. Page 24, line 4: delete "301.21 (1) (h)" and substitute "301.21 (1m) (a) 8.".

SB345-SA1,8,11 13. Page 24, line 5: after that line insert:

SB345-SA1,8,13 " Section 66p. 301.21 (2m) (a) 6. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

SB345-SA1,8,15 301.21 (2m) (a) 6. Provisions concerning procedures for probation, parole, extended supervision and discharge.".

SB345-SA1,8,16 14. Page 49, line 15: delete lines 15 to 22 and substitute:

SB345-SA1,8,18 " Section 132e. 304.073 (2) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB345-SA1,9,2 304.073 (2) Beginning on January 1, 1996, the department shall charge a fee to any probationer or, parolee or person on extended supervision who is under minimum or administrative supervision and is supervised by the department. The fee does not apply if the person is supervised by a vendor under s. 301.08 (1) (c). The department shall set the fee sufficient to cover the cost of supervision. The department shall collect moneys for the fee charged under this subsection and credit those moneys to the appropriation account under s. 20.410 (1) (ge).

SB345-SA1, s. 132m Section 132m. 304.073 (2m) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

SB345-SA1,9,12 304.073 (2m) (a) If a probationer or, parolee or person on extended supervision who owes unpaid fees to the department under sub. (2) is discharged from probation or from his or her sentence before the department collects the unpaid fees, the department shall, at the time of discharge, issue a notice to the probationer or, parolee or person on extended supervision that states that he or she owes unpaid fees under sub. (2) and that he or she is responsible for the payment of the unpaid fees. The notice under this paragraph shall be issued with the certificate of discharge required under s. 304.078 or 973.09 (5).

SB345-SA1, s. 132s Section 132s. 304.073 (4) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

SB345-SA1,9,18 304.073 (4) The department may decide not to charge a fee under sub. (2) to any probationer or, parolee or person on extended supervision if the probationer or , parolee or person on extended supervision demonstrates that he or she is unable to pay the fee because of any of the following:

SB345-SA1,9,20 (a) The probationer or, parolee or person on extended supervision is undergoing treatment approved by the department and is unable to work.

SB345-SA1,9,24 (b) The probationer or, parolee or person on extended supervision has a statement from a physician certifying to the department that the probationer or, parolee or person on extended supervision should be excused from working for medical reasons.".

SB345-SA1,10,1 15. Page 50, line 23: after that line insert:

SB345-SA1,10,3 " Section 137m. 304.074 (4m) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

SB345-SA1,10,11 304.074 (4m) (a) If a probationer or, parolee or person on extended supervision who owes unpaid fees to the department under sub. (2) is discharged from probation or from his or her sentence before the department collects the unpaid fees, the department shall, at the time of discharge, issue a notice to the probationer or, parolee or person on extended supervision that states that he or she owes unpaid fees under sub. (2) and that he or she is responsible for the payment of the unpaid fees. The notice under this paragraph shall be issued with the certificate of discharge required under s. 304.078 or 973.09 (5).".

SB345-SA1,10,13 16. Page 63, line 19: after "statutes" insert ", as affected by 1997 Wisconsin Act 35,".

SB345-SA1,10,14 17. Page 63, line 25: delete "and" and substitute "and".

SB345-SA1,10,15 18. Page 87, line 4: delete "code" and substitute " penalties".

SB345-SA1,10,16 19. Page 87, line 7: delete "code" and substitute "penalties".

SB345-SA1,10,17 20. Page 88, line 7: after "felonies" insert "and Class A misdemeanors".

SB345-SA1,10,18 21. Page 88, line 12: after "felony" insert "and Class A misdemeanor".

SB345-SA1,10,19 22. Page 89, line 5: after that line insert:

SB345-SA1,11,4 "(2g) Child abuse and neglect prevention funding. Notwithstanding section 20.002 (1) of the statutes, if the biennial budget act for the biennium beginning July 1, 1999, is not enacted on or before June 30, 1999, moneys encumbered or expended from the appropriation accounts under sections 20.433 (1) (c) and 20.435 (3) (b) of the statutes, as amended by this act, may not exceed, for each month beginning July 1, 1999, until enactment of the biennial budget, an amount equal to one-sixth the amount of the money that was authorized to be encumbered and expended from the appropriation accounts from January 1, 1999, to June 30, 1999.

SB345-SA1, s. 219m Section 219m.0 Effective dates. This act takes effect on the day after publication, except as follows:

SB345-SA1,11,8 (1) The creation of sections 20.433 (1) (c) and 20.435 (3) (b) of the statutes takes effect on January 1, 1999.

SB345-SA1,11,10 (2) The amendment of sections 20.433 (1) (c) and 20.435 (3) (b) of the statutes takes effect on July 1, 1999.".

SB345-SA1,11,11 (End)