Amendment ASA1-SB55

SB55-ASA1,1072,8 (2) No person may commence construction of a correctional facility or commence conversion of an existing building, structure, or facility into a correctional facility unless the building, structure, or facility is enumerated in the authorized state building program.

SB55-ASA1,1072,9 (3) Subsection (2) does not apply to any of the following:

SB55-ASA1,1072,11 (a) A building, structure, or facility that is constructed or converted under a contract with and for use by an authorized jurisdiction.

SB55-ASA1,1072,14 (b) A building, structure, or facility the construction of which was completed before January 1, 2001, if the building, structure, or facility was designed to confine persons convicted of a criminal offense.

SB55-ASA1, s. 1686 Section 1686. 301.26 (4) (b) of the statutes is amended to read:

SB55-ASA1,1073,5 301.26 (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) 2. to 4. and 3. 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, 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, and 938.34 and the department of health and family services under s. 46.057 or 51.35 (3).

SB55-ASA1, s. 1687 Section 1687. 301.26 (4) (cm) 3. of the statutes is amended to read:

SB55-ASA1,1073,9 301.26 (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) 2. to 4. and 3. for juvenile correctional services.

SB55-ASA1, s. 3340d Section 3340d. 301.26 (4) (d) 2. of the statutes is amended to read:

SB55-ASA1,1073,19 301.26 (4) (d) 2. Beginning on July 1, 1999 2001, and ending on December 31, 1999 June 30, 2002, the per person daily cost assessment to counties shall be $153.01 $167.57 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $153.01 $167.57 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $183.72 $213 for care in a child caring institution, including a secured child caring institution, $118.93 $129 for care in a group home for children, $26.17 $41 for care in a foster home, $75.37 $81 for care in a treatment foster home, $72.66 $82.56 for departmental corrective sanctions services, and $19.76 $21.96 for departmental aftercare services.

SB55-ASA1, s. 3341d Section 3341d. 301.26 (4) (d) 3. of the statutes is amended to read:

SB55-ASA1,1074,4 301.26 (4) (d) 3. In calendar year 2000 Beginning on July 1, 2002, and ending on June 30, 2003, the per person daily cost assessment to counties shall be $153.55 $172.51 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $153.55 $172.51 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $187.21 $226 for care in a child caring institution, including a secured child caring institution, $121.19 $135 for care in a group home for children, $26.67 $43 for care in a foster home, $76.80 $85 for care in a treatment foster home, $74.68 $84.50 for departmental corrective sanctions services, and $19.15 $22.66 for departmental aftercare services.

SB55-ASA1, s. 1688 Section 1688. 301.26 (4) (d) 4. of the statutes is repealed.

SB55-ASA1, s. 1689 Section 1689. 301.26 (7) (intro.) of the statutes is amended to read:

SB55-ASA1,1074,11 301.26 (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), the department shall allocate funds for community youth and family aids for the period beginning on July 1, 1999 2001, and ending on June 30, 2001 2003, as provided in this subsection to county departments under ss. 46.215, 46.22 and 46.23 as follows:

SB55-ASA1, s. 3344d Section 3344d. 301.26 (7) (a) (intro.) of the statutes is amended to read:

SB55-ASA1,1074,19 301.26 (7) (a) (intro.) For community youth and family aids under this section, amounts not to exceed $42,091,800 $43,091,800 for the last 6 months of 1999, $85,183,700 for 2000 2001, $86,183,700 for 2002, and $43,091,900 for the first 6 months of 2001 2003. Of those amounts, the department shall allocate $1,000,000 $2,000,000 for the last 6 months of 1999, $3,000,000 for 2000 2001, $4,000,000 for 2002, and $2,000,000 for the first 6 months of 2001 2003 to counties based on each of the following factors weighted equally:

SB55-ASA1, s. 1690 Section 1690. 301.26 (7) (e) of the statutes is amended to read:

SB55-ASA1,1074,25 301.26 (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 1999 2001, $250,000 for 2000 2002 and $125,000 for the first 6 months of 2001 2003. A county is eligible for payments under this paragraph only if it has a population of not more than 45,000.

SB55-ASA1, s. 1691 Section 1691. 301.26 (7) (h) of the statutes is amended to read:

SB55-ASA1,1075,11 301.26 (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 1999 2001, $2,124,800 in 2000 2002 and $1,062,400 in the first 6 months of 2001 2003 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.

SB55-ASA1, s. 1692 Section 1692. 301.26 (8) of the statutes is amended to read:

SB55-ASA1,1075,16 301.26 (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 1999 2001, $1,333,400 in 2000 2002 and $666,700 in the first 6 months of 2001 2003 for alcohol and other drug abuse treatment programs.

SB55-ASA1, s. 1693 Section 1693. 301.265 (title) of the statutes is repealed.

SB55-ASA1, s. 3349d Section 3349d. 301.265 (1) of the statutes is renumbered 16.964 (8) (a) and amended to read:

SB55-ASA1,1076,2 16.964 (8) (a) From the appropriations under s. 20.410 (3) 20.505 (6) (d) and (kj), the department office shall allocate $500,000 in each fiscal year to enter into a contract with an organization to provide services in a county having a population of 500,000 or more for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational and employment programs. Notwithstanding s. 16.75, the department office may enter into a contract under this subsection paragraph without soliciting bids or proposals and without accepting the lowest responsible bid or offer.

SB55-ASA1, s. 1694 Section 1694. 301.265 (2) of the statutes is renumbered 16.964 (8) (b) and amended to read:

SB55-ASA1,1076,9 16.964 (8) (b) From the appropriation under s. 20.410 (3) (kp) 20.505 (6) (km), the department office may not distribute more than $300,000 in each fiscal year to the organization that it has contracted with under sub. (1) par. (a) for alcohol and other drug abuse education and treatment services for participants in that organization's youth diversion program.

SB55-ASA1, s. 3351d Section 3351d. 301.265 (3) of the statutes is renumbered 16.964 (8) (c) and amended to read:

SB55-ASA1,1077,4 16.964 (8) (c) From the appropriations under s. 20.410 (3) 20.505 (6) (d) and (kj), the department office shall allocate $150,000 in each fiscal year to enter into a contract with an organization to provide services in Racine County, $150,000 in each fiscal year to enter into a contract with an organization to provide services in Kenosha County, $150,000 in each fiscal year to enter into a contract with an organization that is located in ward 1 in the city of Racine to provide services in Racine County, and $150,000 in each fiscal year to enter into a contract with an organization to provide services in Brown County, for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational, and employment programs, and for alcohol or other drug abuse education and treatment services for participants in that organization's youth diversion program. The organization that is located in ward 1 in the city of Racine shall have a recreational facility, shall offer programs to divert youths from gang activities, may not be affiliated with any national or state association , and may not have entered into a contract under s. 301.265 (3), 1995 stats. Notwithstanding s. 16.75, the department office may enter into a contract under this subsection paragraph without soliciting bids or proposals and without accepting the lowest responsible bid or offer.

SB55-ASA1, s. 3352m Section 3352m. 301.295 of the statutes is created to read:

SB55-ASA1,1077,7 301.295 Recruitment of department employees. The department may not use billboards or similar structures to recruit its employees.

SB55-ASA1, s. 3353m Section 3353m. 302.01 of the statutes is amended to read:

SB55-ASA1,1078,7 302.01 State prisons named and defined. The penitentiary at Waupun is named "Waupun Correctional Institution".." The correctional treatment center at Waupun is named "Dodge Correctional Institution". ." The penitentiary at Green Bay is named "Green Bay Correctional Institution".." The medium/maximum penitentiary at Portage is named "Columbia Correctional Institution". The medium security institution at Oshkosh is named "Oshkosh Correctional Institution".." The medium security penitentiary near Fox Lake is named "Fox Lake Correctional Institution".." The penitentiary at Taycheedah is named "Taycheedah Correctional Institution".." The medium security penitentiary at Plymouth is named "Kettle Moraine Correctional Institution".." The penitentiary at the village of Sturtevant in Racine county is named "Racine Correctional Institution".." The medium security correctional institution near Black River Falls is named "Jackson Correctional Institution." The medium security penitentiary at Racine is named "Racine Youthful Offender Correctional Facility".." The resource facility at Oshkosh is named "Wisconsin Resource Center".." The institutions named in this section, the medium security correctional institutions at Redgranite and New Lisbon, the correctional institutions authorized under s. 301.16 (1n) and (1v), correctional institution authorized under 1997 Wisconsin Act 4, section 4 (1) (a), correctional institution authorized under s. 301.046 (1), correctional institution authorized under s. 301.048 (4) (b), the correctional institution at Stanley authorized under 2001 Wisconsin Act .... (this act), section 9107 (1) (b), minimum security correctional institutions authorized under s. 301.13, the probation and parole holding facilities authorized under s. 301.16 (1q), and state-local shared correctional facilities when established under s. 301.14, are state prisons.

SB55-ASA1, s. 1695 Section 1695. 302.045 (3) of the statutes is amended to read:

SB55-ASA1,1078,16 302.045 (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 commission shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served, unless the person is serving a sentence imposed under s. 973.01. When the parole commission grants parole under this subsection, it must require the parolee to participate in an intensive supervision program for drug abusers as a condition of parole.

SB55-ASA1, s. 3354g Section 3354g. 302.11 (1) of the statutes is amended to read:

SB55-ASA1,1078,23 302.11 (1) The warden or superintendent shall keep a record of the conduct of each inmate, specifying each infraction of the rules. Except as provided in subs. (1g), (1m), (1q), (1z), (4m), (7) and (10), each inmate is entitled to mandatory release on parole by the department. The mandatory release date is established at two-thirds of the sentence. Any calculations under this subsection or sub. (1q) (b) or (2) (b) resulting in fractions of a day shall be rounded in the inmate's favor to a whole day.

SB55-ASA1, s. 3354r Section 3354r. 302.11 (1g) (b) 3. of the statutes is created to read:

SB55-ASA1,1079,2 302.11 (1g) (b) 3. Refusal by the inmate to live in a residence that the parole commission has approved under s. 304.06 (2m) (ak), if applicable.

SB55-ASA1, s. 1696 Section 1696. 302.11 (1z) of the statutes is amended to read:

SB55-ASA1,1079,8 302.11 (1z) An inmate who is sentenced to a term of confinement in prison under s. 973.01 for a felony that is committed on or after December 31, 1999, or a misdemeanor committed on or after the effective date of this subsection .... [revisor inserts date], is not entitled under this section to mandatory release on parole under this section that sentence.

SB55-ASA1, s. 1697 Section 1697. 302.11 (3) of the statutes is amended to read:

SB55-ASA1,1079,11 302.11 (3) All consecutive sentences imposed for crimes committed before December 31, 1999, shall be computed as one continuous sentence.

SB55-ASA1, s. 3357m Section 3357m. 302.11 (4m) of the statutes is amended to read:

SB55-ASA1,1079,16 302.11 (4m) An inmate may not be paroled under this section is subject to the restriction unless he or she agrees to live in a residence that the parole commission or the department has approved under s. 304.06 (2m) (ak), if applicable, relating to the counties to which inmates may be paroled.

SB55-ASA1, s. 1698 Section 1698. 302.11 (7) (a) of the statutes is renumbered 302.11 (7) (am) and amended to read:

SB55-ASA1,1080,2 302.11 (7) (am) The division of hearings and appeals in the department of administration, upon proper notice and hearing, or the department of corrections, if the parolee waives a hearing, reviewing authority may return a parolee released under sub. (1) or (1g) (b) or s. 304.02 or 304.06 (1) to prison for a period up to the remainder of the sentence for a violation of the conditions of parole. The remainder of the sentence is the entire sentence, less time served in custody prior to parole. The revocation order shall provide the parolee with credit in accordance with ss. 304.072 and 973.155.

SB55-ASA1, s. 1699 Section 1699. 302.11 (7) (ag) of the statutes is created to read:

SB55-ASA1,1080,6 302.11 (7) (ag) In this subsection "reviewing authority" means the division of hearings and appeals in the department of administration, upon proper notice and hearing, or the department of corrections, if the parolee waives a hearing.

SB55-ASA1, s. 1700 Section 1700. 302.11 (7) (b) of the statutes is amended to read:

SB55-ASA1,1080,15 302.11 (7) (b) A parolee returned to prison for violation of the conditions of parole shall be incarcerated for the entire period of time determined by the department of corrections in the case of a waiver or the division of hearings and appeals in the department of administration in the case of a hearing under par. (a), reviewing authority unless paroled earlier under par. (c). The parolee is not subject to mandatory release under sub. (1) or presumptive mandatory release under sub. (1g). The period of time determined under par. (a) (am) may be extended in accordance with subs. (1q) and (2).

SB55-ASA1, s. 1701 Section 1701. 302.11 (7) (d) of the statutes is amended to read:

SB55-ASA1,1080,22 302.11 (7) (d) A parolee who is subsequently released either after service of the period of time determined by the department of corrections in the case of a waiver or the division of hearings and appeals in the department of administration in the case of a hearing under par. (a) reviewing authority or by a grant of parole under par. (c) is subject to all conditions and rules of parole until expiration of sentence or discharge by the department.

SB55-ASA1, s. 1702 Section 1702. 302.11 (7) (e) of the statutes is created to read:

SB55-ASA1,1081,2 302.11 (7) (e) A reviewing authority may consolidate proceedings before it under par. (am) with other proceedings before that reviewing authority under par. (am) or s. 302.113 (9) (am) or 302.114 (9) (am) if all of the proceedings relate to the parole or extended supervision of the same person.

SB55-ASA1, s. 1703 Section 1703. 302.11 (10) of the statutes is amended to read:

SB55-ASA1,1081,6 302.11 (10) An inmate subject to an order under s. 48.366 or 938.34 (4h) is not entitled to mandatory release and may be released or discharged only as provided under s. 48.366 or 938.538.

SB55-ASA1, s. 1704 Section 1704. 302.113 (4) of the statutes is amended to read:

SB55-ASA1,1081,11 302.113 (4) All consecutive sentences imposed for crimes committed on or after December 31, 1999, shall be computed as one continuous sentence. The person shall serve any term of extended supervision after serving all terms of confinement in prison.

SB55-ASA1, s. 3367g Section 3367g. 302.113 (7) of the statutes is amended to read:

SB55-ASA1,1081,19 302.113 (7) Any inmate released to extended supervision under this section is subject to all conditions and rules of extended supervision until the expiration of the term of extended supervision portion of the bifurcated sentence. The department may set conditions of extended supervision in addition to any conditions of extended supervision required under s. 302.116, if applicable, or set by the court under s. 973.01 (5) if the conditions set by the department do not conflict with the court's conditions.

SB55-ASA1, s. 1705 Section 1705. 302.113 (8m) of the statutes is created to read:

SB55-ASA1,1081,25 302.113 (8m) Every person released to extended supervision under this section remains in the legal custody of the department. If the department alleges that any condition or rule of extended supervision has been violated by the person, the department may take physical custody of the person for the investigation of the alleged violation.

SB55-ASA1, s. 1706 Section 1706. 302.113 (9) (a) of the statutes is renumbered 302.113 (9) (am) and amended to read:

SB55-ASA1,1082,16 302.113 (9) (am) If a person released to extended supervision under this section violates a condition of extended supervision, the division of hearings and appeals in the department of administration, upon proper notice and hearing, or the department of corrections, if the person on extended supervision waives a hearing, reviewing authority may revoke the person's extended supervision of the person and return the person to prison. If. Upon revocation, the person is returned to prison, he or she shall be returned to prison for any specified period of time that does not exceed the time remaining on the bifurcated sentence. The time remaining on the bifurcated sentence is the total length of the bifurcated sentence, less time served by the person in custody confinement under the sentence before release to extended supervision under sub. (2) and less all time served in confinement for previous revocations of extended supervision under the sentence. The revocation order shall provide the person on whose extended supervision is revoked with credit in accordance with ss. 304.072 and 973.155.

SB55-ASA1, s. 1707 Section 1707. 302.113 (9) (ag) of the statutes is created to read:

SB55-ASA1,1082,21 302.113 (9) (ag) In this subsection "reviewing authority" means the division of hearings and appeals in the department of administration, upon proper notice and hearing, or the department of corrections, if the person on extended supervision waives a hearing.

SB55-ASA1, s. 1708 Section 1708. 302.113 (9) (b) of the statutes is amended to read:

SB55-ASA1,1083,6 302.113 (9) (b) A person who is returned to prison after revocation of extended supervision shall be incarcerated for the entire period of time specified by the department of corrections in the case of a waiver or by the division of hearings and appeals in the department of administration in the case of a hearing under par. (a) reviewing authority. The period of time specified under par. (a) (am) may be extended in accordance with sub. (3). If a person is returned to prison under par. (am) for a period of time that is less than the time remaining on the bifurcated sentence, the person shall be released to extended supervision after he or she has served the period of time specified under par. (am) and any extensions imposed under sub. (3).

SB55-ASA1, s. 1709 Section 1709. 302.113 (9) (c) of the statutes is amended to read:

SB55-ASA1,1083,18 302.113 (9) (c) A person who is subsequently released to extended supervision after service of the period of time specified by the department of corrections in the case of a waiver or by the division of hearings and appeals in the department of administration in the case of a hearing under par. (a) reviewing authority is subject to all conditions and rules under sub. (7) until the expiration of the term of remaining extended supervision portion of the bifurcated sentence. The remaining extended supervision portion of the bifurcated sentence is the total length of the bifurcated sentence, less the time served by the person in confinement under the bifurcated sentence before release to extended supervision under sub. (2) and less all time served in confinement for any revocation of extended supervision under the bifurcated sentence.

SB55-ASA1, s. 1710 Section 1710. 302.113 (9) (d) of the statutes is created to read:

SB55-ASA1,1083,24 302.113 (9) (d) When determining under pars. (am) and (c) the amount of time a person has served in confinement before release to extended supervision or the amount of time a person has served in confinement for a revocation of extended supervision, the reviewing authority shall include any extensions imposed under sub. (3).

SB55-ASA1, s. 1711 Section 1711. 302.113 (9) (e) of the statutes is created to read:

SB55-ASA1,1084,4 302.113 (9) (e) If a hearing is to be held under par. (am) before the division of hearings and appeals in the department of administration, the hearing examiner may order the taking and allow the use of a videotaped deposition under s. 967.04 (7) to (10).

SB55-ASA1, s. 1712 Section 1712. 302.113 (9) (f) of the statutes is created to read:

SB55-ASA1,1084,9 302.113 (9) (f) A reviewing authority may consolidate proceedings before it under par. (am) with other proceedings before that reviewing authority under par. (am) or s. 302.11 (7) (am) or 302.114 (9) (am) if all of the proceedings relate to the parole or extended supervision of the same person.

SB55-ASA1, s. 1713 Section 1713. 302.113 (9) (g) of the statutes is created to read:

SB55-ASA1,1084,16 302.113 (9) (g) If there is a hearing under par. (am) before the division of hearings and appeals in the department of administration, the person on extended supervision may seek review of a decision to revoke extended supervision and the department of corrections may seek review of a decision to not revoke extended supervision. Review of a decision under this paragraph may be sought only by an action for certiorari.

SB55-ASA1, s. 1714 Section 1714. 302.114 (4) of the statutes is amended to read:

SB55-ASA1,1084,21 302.114 (4) All consecutive sentences imposed for crimes committed on or after December 31, 1999, shall be computed as one continuous sentence. An inmate subject to this section shall serve any term of extended supervision after serving all terms of confinement in prison.

SB55-ASA1, s. 3377m Section 3377m. 302.114 (8) of the statutes is amended to read:

SB55-ASA1,1085,3 302.114 (8) Any inmate released to extended supervision under this section is subject to all conditions and rules of extended supervision. The department may set conditions of extended supervision in addition to any conditions of extended supervision required under s. 302.116, if applicable, or set by the court under sub. (5) (d) if the conditions set by the department do not conflict with the court's conditions.

SB55-ASA1, s. 1715 Section 1715. 302.114 (8m) of the statutes is created to read:

SB55-ASA1,1085,9 302.114 (8m) Every person released to extended supervision under this section remains in the legal custody of the department. If the department alleges that any condition or rule of extended supervision has been violated by the person, the department may take physical custody of the person for the investigation of the alleged violation.

SB55-ASA1, s. 1716 Section 1716. 302.114 (9) (a) of the statutes is renumbered 302.114 (9) (am) and amended to read:

SB55-ASA1,1085,19 302.114 (9) (am) If a person released to extended supervision under this section violates a condition of extended supervision, the division of hearings and appeals in the department of administration, upon proper notice and hearing, or the department of corrections, if the person on extended supervision waives a hearing, reviewing authority may revoke the person's extended supervision of the person and return the person to prison. If. Upon revocation, the person is returned to prison, he or she shall be returned to prison for a specified period of time, as provided under par. (b).

SB55-ASA1, s. 1717 Section 1717. 302.114 (9) (ag) of the statutes is created to read: