Amendment JR2 SA2-SSA1-AB1

AB1-SSA1-SA2, s. 1137r Section 1137r. 973.032 (2) (b) of the statutes is amended to read:

AB1-SSA1-SA2,476,9 973.032 (2) (b) Notwithstanding par. (a), the court may not sentence order a person to participate in the intensive sanctions program under sub. (1) if he or she is convicted of a felony punishable by life imprisonment or has at any time been convicted, adjudicated delinquent, or found not guilty or not responsible by reason of insanity or mental disease, defect, or illness for committing a violent offense, as defined in s. 301.048 (2) (bm).

AB1-SSA1-SA2, s. 1137s Section 1137s. 973.032 (3) (intro.) of the statutes is repealed.

AB1-SSA1-SA2, s. 1137t Section 1137t. 973.032 (3) (a) of the statutes is repealed.

AB1-SSA1-SA2, s. 1137u Section 1137u. 973.032 (3) (b) of the statutes is renumbered 973.032 (3) (b) (intro.) and amended to read:

AB1-SSA1-SA2,476,16 973.032 (3) (b) (intro.) The If the court orders a person to participate in the intensive sanctions program under sub. (1), the court shall provide a maximum period for placements do all of the following:

AB1-SSA1-SA2,476,18 1. Order that the person be placed under s. 301.048 (3) (a) 1., which may not exceed for at least one year unless the defendant waives this requirement.

AB1-SSA1-SA2, s. 1137um Section 1137um. 973.032 (3) (b) 2. of the statutes is created to read:

AB1-SSA1-SA2,476,22 973.032 (3) (b) 2. Subject to the limitation imposed under s. 301.048 (3) (bm) 2., specify the date on which the person is eligible for release from that placement under sub. (4m).

AB1-SSA1-SA2, s. 1137v Section 1137v. 973.032 (3) (c) 2. of the statutes is amended to read:

AB1-SSA1-SA2,477,3 973.032 (3) (c) 2. The court may prescribe reasonable and necessary conditions of the sentence in accordance with s. 301.048 (3) in an order issued under sub. (1), except the court may not specify a particular Type 1 prison, jail, camp, or facility where the offender is to be placed under s. 301.048 (3) (a) and the court may not restrict the department's authority under s. 301.048 (3) (b) or (c).

AB1-SSA1-SA2, s. 1137w Section 1137w. 973.032 (4) of the statutes is repealed.".

AB1-SSA1-SA2,477,5 508. Page 339, line 13: after that line insert:

AB1-SSA1-SA2,477,6 " Section 1138wh. 973.032 (4m) of the statutes is created to read:

AB1-SSA1-SA2,477,8 973.032 (4m) Release to community. (a) In this subsection, "victim" has the meaning given in s. 950.02 (4).

AB1-SSA1-SA2,477,12 (b) No earlier than 30 days before the date specified by the court under sub. (3) (b) 2., the department may petition the court for permission to release a person subject to an order under sub. (1) from a placement described under s. 301.048 (3) (a) 1.

AB1-SSA1-SA2,477,19 (c) Upon the filing of a petition under par. (b), the court, with or without a hearing, may authorize the department to release the person from his or her placement any time after the date specified under sub. (3) (b) 2. If the court schedules a hearing on the petition, the clerk of the circuit court in which the petition is filed shall send a copy of the petition and a notice of hearing to the victim of the crime committed by the inmate, if the victim has submitted a card under par. (e) requesting notification, at least 10 days before the date of the hearing.

AB1-SSA1-SA2,477,23 (d) The notice under par. (c) shall inform the victim that he or she may appear at the hearing and shall inform the victim of the manner in which he or she may provide written statements concerning the inmate's petition for release to extended supervision.

AB1-SSA1-SA2,478,10 (e) The director of state courts shall design and prepare cards for a victim to send to the clerk of the circuit court in which the inmate is convicted and sentenced. The cards shall have space for a victim to provide his or her name and address, the name of the applicable inmate and any other information the director of state courts determines is necessary. The director of state courts shall provide the cards, without charge, to clerks of circuit court. Clerks of circuit court shall provide the cards, without charge, to victims. Victims may send completed cards to the clerk of the circuit court in which the inmate was convicted and sentenced. All court records or portions of records that relate to mailing addresses of victims are not subject to inspection or copying under s. 19.35 (1).

AB1-SSA1-SA2,478,13 (f) If the court schedules a hearing on a petition filed under par. (b), the clerk of the court shall provide a copy of the petition and a notice of the hearing to the district attorney at least 10 days before the hearing.

AB1-SSA1-SA2, s. 1138x Section 1138x. 973.032 (5) of the statutes is repealed.

AB1-SSA1-SA2, s. 1138y Section 1138y. 973.032 (6) of the statutes is amended to read:

AB1-SSA1-SA2,478,19 973.032 (6) Credit. Any sentence credit under s. 973.155 (1) applies toward service of the period under sub. (3) (a) the term of confinement in prison portion of the bifurcated sentence of a person who is subject to this section but does not apply toward service of the period under sub. (3) (b).

AB1-SSA1-SA2, s. 1138z Section 1138z. 973.032 (7) of the statutes is created to read:

AB1-SSA1-SA2,478,25 973.032 (7) Participants on extended supervision. The court or the department may require a person ordered to participate in the intensive sanctions program under sub. (1) to remain in the intensive sanctions program as a condition of extended supervision, but subs. (2) to (6) do not apply to such persons once they are on extended supervision.".

AB1-SSA1-SA2,479,1 509. Page 339, line 17: after that line insert:

AB1-SSA1-SA2,479,2 " Section 1141m. 973.09 (6) of the statutes is created to read:

AB1-SSA1-SA2,479,4 973.09 (6) The court may require as a condition of probation that the person participate in a drug treatment program under s. 973.031.".

AB1-SSA1-SA2,479,5 510. Page 342, line 6: after that line insert:

AB1-SSA1-SA2,479,6 " Section 1143n. 973.20 (10) of the statutes is amended to read:

AB1-SSA1-SA2,479,12 973.20 (10) The court may require that restitution be paid immediately, within a specified period or in specified instalments installments. If the defendant is placed on probation or sentenced to imprisonment, the end of a specified period shall not be later than the end of any period of probation, extended supervision , or parole. If the defendant is sentenced to the intensive sanctions program, the end of a specified period shall not be later than the end of the sentence under s. 973.032 (3) (a).".

AB1-SSA1-SA2,479,13 511. Page 342, line 6: after that line insert:

AB1-SSA1-SA2,479,14 " Section 1143m. 973.195 of the statutes is created to read:

AB1-SSA1-SA2,479,21 973.195 Sentence adjustment. (1) Confinement in prison. (a) An inmate who is serving a sentence imposed under s. 973.01 for a crime other than a Class B felony may petition the sentencing court to adjust the sentence if the inmate has served at least 25 percent of the term of confinement in prison portion of the sentence. If an inmate is subject to more than one sentence imposed under this section, the sentences shall be treated individually for purposes of sentence adjustment under this subsection.

AB1-SSA1-SA2,479,22 (b) Any of the following is a ground for a petition under par. (a):

AB1-SSA1-SA2,480,3 1. The inmate's conduct, efforts at and progress in rehabilitation, or participation and progress in education, treatment, or other correctional programs since he or she was sentenced.

AB1-SSA1-SA2,480,8 3. A change in law or procedure related to sentencing or revocation of extended supervision effective after the inmate was sentenced that would have resulted in a shorter term of confinement in prison or, if the inmate was returned to prison upon revocation of extended supervision, a shorter period of confinement in prison upon revocation, if the change had been applicable when the inmate was sentenced.

AB1-SSA1-SA2,480,10 4. The inmate is subject to a sentence of confinement in another state or the inmate is in the United States illegally and may be deported.

AB1-SSA1-SA2,480,11 5. Sentence adjustment is otherwise in the interests of justice.

AB1-SSA1-SA2,480,17 (c) Upon receipt of a petition filed under par. (a), the sentencing court may deny the petition or hold the petition for further consideration. If the court holds the petition for further consideration, the court shall notify the district attorney of the inmate's petition. If the district attorney objects to adjustment of the inmate's sentence within 45 days of receiving notification under this paragraph, the court shall deny the inmate's petition.

AB1-SSA1-SA2,481,2 (d) If the sentence for which the inmate seek's adjustment is for an offense under s. 940.225 (2) or (3), 948.02 (2), or 948.08 and the district attorney does not object to the petition within 10 days of receiving notice under par. (c), the district attorney shall notify the the victim, as defined under s. 950.02 (4), of the inmate's petition. The notice to the victim shall include information on the sentence adjustment petition process under this subsection, including information on how to object to the inmate's petition. If the victim objects to adjustment of the inmate's sentence within 45 days of the date on which the district attorney received notice under par. (c), the court shall deny the inmate's petition.

AB1-SSA1-SA2,481,6 (e) Notwithstanding the confidentiality of victim address information obtained under s. 302.113 (9g) (g) 3., a district attorney who is required to send notice to a victim under par. (d) or sub. (2) (c) may obtain from the clerk of the circuit court victim address information that the victim provided to the clerk under s. 302.113 (9g) (g) 3.

AB1-SSA1-SA2,481,11 (f) If the sentencing court receives no objection to sentence adjustment from the district attorney under par. (c) or the victim under par. (d) and the court determines that sentence adjustment is in the public interest, the court may adjust the inmate's sentence as provided under par. (g). The court shall include in the record written reasons for any sentence adjustment granted under this subsection.

AB1-SSA1-SA2,481,13 (g) Except as provided under par. (h), the only sentence adjustments that a court may make under this subsection are as follows:

AB1-SSA1-SA2,481,17 1. If the inmate is serving the term of confinement in prison portion of the sentence, a reduction in the term of confinement in prison by the amount of time remaining in the term of confinement in prison portion of the sentence, less up to 30 days, and a corresponding increase in the term of extended supervision.

AB1-SSA1-SA2,481,21 2. If the inmate is confined in prison upon revocation of extended supervision, a reduction in the amount of time remaining in the period of confinement in prison imposed upon revocation, less up to 30 days, and a corresponding increase in the term of extended supervision.

AB1-SSA1-SA2,482,4 (h) 1. If the court adjusts a sentence under par. (g) on the basis of a change in law or procedure as provided under par. (b) 3. and the total sentence length of the adjusted sentence is greater than the maximum sentence length that the offender could have received if the change in law or procedure had been applicable when the inmate was originally sentenced, the court may reduce the length of the term of extended supervision so that the total sentence length does not exceed the maximum sentence length that the offender could have received if the change in law or procedure had been applicable when the inmate was originally sentenced.

AB1-SSA1-SA2,482,13 2. If the court adjusts a sentence under par. (g) on the basis of a change in law or procedure as provided under par. (b) 3. and the adjusted term of extended supervision is greater than the maximum term of extended supervision that the offender could have received if the change in law or procedure had been applicable when the inmate was originally sentenced, the court may reduce the length of the term of extended supervision so that the term of extended supervision does not exceed the maximum term of extended supervision that the offender could have received if the change in law or procedure had been applicable when the inmate was originally sentenced.

AB1-SSA1-SA2,482,17 (i) If an inmate's petition under this subsection is denied, the inmate may not submit another petition concerning the same sentence within 3 years of the date that the petition was denied. An inmate may submit no more than 2 petitions under this subsection for each sentence imposed under s. 973.01.

AB1-SSA1-SA2,483,3 (2) Extended supervision. (a) A person who is serving a term of extended supervision imposed under s. 973.01 for a crime other than a Class B felony may petition the sentencing court to adjust the length of the term of extended supervision if the person has served at least 25 percent of the term of extended supervision and if a change law or procedure related to sentencing or revocation of extended supervision effective after the person was sentenced would have resulted in either a shorter total sentence or a shorter term of extended supervision had the change been applicable when the person was sentenced. If a petitioner is subject to more than one term of extended supervision imposed under s. 973.01, the terms of extended supervision shall be treated individually for purposes of adjustment under this subsection.

AB1-SSA1-SA2,483,9 (b) Upon receipt of a petition filed under par. (a), the sentencing court may deny the petition or hold the petition for further consideration. If the court holds the petition for further consideration, the court shall notify the district attorney of the petition. If the district attorney objects to adjustment of the petitioner's term of extended supervision within 45 days of receiving notification under this paragraph, the court shall deny the petition.

AB1-SSA1-SA2,483,20 (c) If the term of extended supervision for which the petitioner seeks adjustment was imposed for an offense under s. 940.225 (2) or (3), 948.02 (2), or 948.08 and the district attorney does not object to the petition within 10 days of receiving notice under par. (b), the district attorney shall notify the the victim, as defined under s. 950.02 (4), of the petition. The district attorney may obtain victim address information as provided under sub. (1) (e). The notice to the victim shall include information on the extended supervision adjustment petition process under this subsection, including information on how to object to the petitioner's petition. If the victim objects to adjustment of the petitioner's term of extended supervision within 45 days of the date on which the district attorney received notice under par. (b), the court shall deny the petition.

AB1-SSA1-SA2,484,3 (d) If the sentencing court receives no objection to sentence adjustment from the district attorney under par. (b) or the victim under par. (c) and the court determines that adjustment of the term of extended supervision is in the public interest, the court may adjust the petitioner's term of extended supervision so that the total sentence length and the term of extended supervision are no longer than they could have been if the change in law or procedure had been applicable at the time the person was sentenced. The court shall include in the record written reasons for any adjustment granted under this subsection.

AB1-SSA1-SA2,484,8 (e) If a person's petition under this subsection is denied, the person may not submit another petition under this subsection concerning the same term of extended supervision within 3 years of the date that the petition was denied. A person may submit no more than 2 petitions under this subsection for each term of extended supervision imposed under s. 973.01.

AB1-SSA1-SA2,484,12 (3) Other petitions. Filing a petition under this section does not affect a person's right to file a petition for sentence modification under s. 809.30 or 973.19 or to petition the sentencing court for sentence modification on the basis of a new factor.".

AB1-SSA1-SA2,484,13 512. Page 345, line 19: after that line insert:

AB1-SSA1-SA2,484,15 " Section 1156m. 1997 Wisconsin Act 27, section 9456 (3m), as last amended by 2001 Wisconsin Act 16, is amended to read:

AB1-SSA1-SA2,484,23 [1997 Wisconsin Act 27] Section 9456 (3m) Elimination of land information board and Wisconsin land council. The treatment of sections 15.07 (1) (b) 16., 15.105 (16), 16.968 (by Section 142am), 20.505 (1) (title) (by Section 666h), 20.505 (1) (ka) (by Section 669am), 23.27 (3) (a) (by Section 769ad), 23.325 (1) (a), 36.09 (1) (e), 36.25 (12m) (intro.), 59.72 (1) (a) and (b), (3) (intro.), (a) and (b) and (5) and 92.10 (4) (a) of the statutes, the repeal of sections 16.966 (1), (2) and (4), 16.967, 20.505 (1) (ie), (ig), (ij) and (ks), 23.32 (2) (d), 59.43 (1) (u) and 59.72 (1) (am), (3) (c) and (4) of the statutes and Section 9101 (1) of this act take effect on September 1, 2003.".

AB1-SSA1-SA2,484,24 513. Page 345, line 25: after that line insert:

AB1-SSA1-SA2,485,1 " Section 1157s. 1999 Wisconsin Act 9, section 9158 (8w) (e) is repealed.".

AB1-SSA1-SA2,485,2 514. Page 346, line 8: after that line insert:

AB1-SSA1-SA2,485,3 " Section 1160p. 2001 Wisconsin Act 16, section 9157 (7e) is amended to read:

AB1-SSA1-SA2,485,8 [2001 Wisconsin Act 16] Section 9157 (7e) Cost-effective transportation services for veterans. The department of veterans affairs and the department of administration, jointly, shall determine the most cost-effective methods for providing statewide transportation services to disabled veterans under section 45.43 (7m) of the statutes, as created by this act.".

AB1-SSA1-SA2,485,9 515. Page 346, line 8: after that line insert:

AB1-SSA1-SA2,485,10 " Section 1160p. 2001 Wisconsin Act 16, section 9158 (8x) is amended to read:

AB1-SSA1-SA2,485,19 [2001 Wisconsin Act 16] Section 9158 (8x) Community youth grants. Notwithstanding section 49.175 (1) (z) of the statutes, as affected by this act, from the moneys allocated under section 49.175 (1) (z) of the statutes, as affected by this act, the department of workforce development shall provide grants in each fiscal year of the 2001-03 fiscal biennium to the Wisconsin chapters of the Boys and Girls Clubs of America to improve social, academic, and employment skills of youth who are eligible to receive temporary assistance for needy families under 42 USC 601 et seq. The total amount of grants that are provided under this subsection in each fiscal year of the 2001-03 fiscal biennium shall be $50,000 $300,000.".

AB1-SSA1-SA2,485,20 516. Page 346, line 13: after that line insert:

AB1-SSA1-SA2,485,22 " Section 1160rd. 2001 Wisconsin Act 16, section 9323 (18k), (18m), (18n), (18pk), (18pm) and (18pn) are repealed.

AB1-SSA1-SA2, s. 1160ut Section 1160ut. 2001 Wisconsin Act 16, section 9423 (18k) is repealed.".

AB1-SSA1-SA2,485,24 517. Page 348, line 9: after that line insert:

AB1-SSA1-SA2,486,3 "(4w) Transfer to budget stabilization fund. Before July 1, 2003, the secretary of administration shall transfer an amount equal to $15,229,500 from the general fund to the budget stabilization fund.".

AB1-SSA1-SA2,486,4 518. Page 350, line 3: delete lines 3 to 11.

AB1-SSA1-SA2,486,5 519. Page 352, line 12: after that line insert:

AB1-SSA1-SA2,486,6 "(9x) Wisconsin tribal-state council.

AB1-SSA1-SA2,486,14 (a) Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 2003-05 biennial budget bill, the department of administration shall submit a dollar amount for the appropriation under section 20.505 (4) (kt) of the statutes, as created by this act, that is $15,000 less than the total amount appropriated under section 20.505 (4) (kt) of the statutes for the 2002-03 fiscal year, before submitting any information relating to any increase or decrease in the dollar amount for that appropriation for the 2003-05 fiscal biennium.

AB1-SSA1-SA2,486,17 (b) There is authorized for the Wisconsin tribal-state council 1.0 FTE PR executive director position and 2.0 FTE PR other positions, to be funded from the appropriation under section 20.505 (4) (kt) of the statutes, as created by this act.".

AB1-SSA1-SA2,486,18 520. Page 352, line 18: after that line insert:

AB1-SSA1-SA2,486,19 "(1q) Transfer to the University of Wisconsin-Extension.

AB1-SSA1-SA2,487,3 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of agriculture, trade and consumer protection that are primarily related to the functions of the conservation engineering section in the land and water resources bureau and that are primarily related to the soil erosion control and federal and county liaison functions of the conservation management section in the land and water resources bureau, as determined by the secretary of administration, shall become the assets and liabilities of the University of Wisconsin System.

AB1-SSA1-SA2,487,4 (b) Position transfers. On the effective date of this paragraph:

AB1-SSA1-SA2,487,10 1. The authorized FTE positions for the department of agriculture, trade and consumer protection are decreased by 0.2 GPR position related to land and water resource management planning, 0.1 GPR position related to soil erosion, 1.0 GPR position related to certification, 0.5 GPR position related to engineering design, and 0.5 GPR position related to computer design programming funded from the appropriation under section 20.115 (7) (a) of the statutes.

AB1-SSA1-SA2,487,15 2. The authorized FTE positions for the department of agriculture, trade and consumer protection are decreased by 1.75 PR positions related to land and water resource management planning, 0.25 PR position related to soil erosion, 0.5 PR position related to certification, and 0.5 PR position related to engineering design funded from the appropriation under section 20.115 (7) (k) of the statutes.

AB1-SSA1-SA2,487,20 3. The authorized FTE positions for the department of agriculture, trade and consumer protection are decreased by 0.5 SEG position related to performance standard evaluation, 1.0 SEG position related to county liaison, 4.0 SEG positions related to certification, and 4.0 SEG positions related to engineering design funded from the appropriation under section 20.115 (7) (qd) of the statutes.

AB1-SSA1-SA2,488,2 4. There are authorized for the University of Wisconsin System 0.2 FTE GPR position related to land and water resource management planning, 0.1 FTE GPR position related to soil erosion, 1.0 FTE GPR position related to certification, 0.5 FTE GPR position related to engineering design, and 0.5 FTE GPR position related to computer design programming to be funded from the appropriation under section 20.285 (1) (eq) of the statutes, as created by this act.

AB1-SSA1-SA2,488,7 5. There are authorized for the University of Wisconsin System 1.75 FTE PR positions related to land and water resource management planning, 0.25 FTE PR position related to soil erosion, 0.5 FTE PR position related to certification, and 0.5 FTE PR position related to engineering design to be funded from the appropriation under section 20.285 (1) (k) of the statutes.

AB1-SSA1-SA2,488,12 6. There are authorized for the University of Wisconsin System 0.5 FTE SEG position related to performance standard evaluation, 1.0 FTE SEG position related to county liaison, 4.0 FTE SEG positions related to certification, and 4.0 FTE SEG positions related to engineering design to be funded from the appropriation under section 20.285 (1) (rm) of the statutes, as created by this act.

AB1-SSA1-SA2,488,16 (c) Employee transfers. All incumbent employees holding positions in the department of agriculture, trade and consumer protection that are specified in paragraph (b) 1. to 3. are transferred on the effective date of this paragraph to the University of Wisconsin System.

AB1-SSA1-SA2,488,22 (d) Employee status. Employees transferred under paragraph (c) shall have the same rights and status under subchapter V of chapter 111 and chapter 230 of the statutes in the University of Wisconsin System that they enjoyed in the department of agriculture, trade and consumer protection immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

AB1-SSA1-SA2,489,5 (e) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of agriculture, trade and consumer protection that is primarily related to the functions of the conservation engineering section in the land and water resources bureau and that is primarily related to the soil erosion control and federal and county liaison functions of the conservation management section in the land and water resources bureau, as determined by the secretary of administration, shall be transferred to the University of Wisconsin System.