Amendment CA1-SSA1-SB55

SB55-SSA1-CA1,997,9 (3) Report to department of administration. Annually, on a date specified by the department of administration, the district attorneys of Milwaukee county and the county selected under sub. (4) shall each submit to the department of administration a report summarizing the records under sub. (2) (c) covering the preceding 12-month period. The department of administration shall maintain the information submitted under this subsection by the district attorney.

SB55-SSA1-CA1,997,12 (4) Selection of 2nd county. The attorney general, in consultation with the department of corrections, shall select a county other than Milwaukee county in which restorative justice services are to be provided under sub. (2).

SB55-SSA1-CA1,997,13 (5) Expiration. This section does not apply after June 30, 2005.

SB55-SSA1-CA1, s. 4031r Section 4031r. 978.05 (8) (b) of the statutes is amended to read:

SB55-SSA1-CA1,997,24 978.05 (8) (b) Hire, employ, and supervise his or her staff and, subject to s. ss. 978.043 and 978.044, make appropriate assignments of the staff throughout the prosecutorial unit. The district attorney may request the assistance of district attorneys, deputy district attorneys, or assistant district attorneys from other prosecutorial units or assistant attorneys general who then may appear and assist in the investigation and prosecution of any matter for which a district attorney is responsible under this chapter in like manner as assistants in the prosecutorial unit and with the same authority as the district attorney in the unit in which the action is brought. Nothing in this paragraph limits the authority of counties to regulate the hiring, employment, and supervision of county employees.".

SB55-SSA1-CA1,998,1 1556. Page 1271, line 13: after that line insert:

SB55-SSA1-CA1,998,2 " Section 4031c. 977.07 (1) (b) of the statutes is amended to read:

SB55-SSA1-CA1,998,9 977.07 (1) (b) For referrals not made under ss. 809.30 and, 974.06, and 974.07, a representative of the state public defender is responsible for making indigency determinations unless the county became responsible under s. 977.07 (1) (b) 2. or 3., 1983 stats., for these determinations. Subject to the provisions of par. (bn), those counties may continue to be responsible for making indigency determinations. Any such county may change the agencies or persons who are designated to make indigency determinations only upon the approval of the state public defender.

SB55-SSA1-CA1, s. 4031e Section 4031e. 977.07 (1) (c) of the statutes is amended to read:

SB55-SSA1-CA1,998,20 977.07 (1) (c) For all referrals made under ss. 809.30 and, 974.06 (3) (b) and 974.07 (11), except a referral of a child who is entitled to be represented by counsel under s. 48.23 or 938.23, a representative of the state public defender shall determine indigency, and. For referrals made under ss. 809.30 and 974.06 (3) (b), except a referral of a child who is entitled to be represented by counsel under s. 48.23 or 938.23, the representative of the state public defender may, unless a request for redetermination has been filed under s. 809.30 (2) (d) or the defendant's request for representation states that his or her financial circumstances have materially improved, rely upon a determination of indigency made for purposes of trial representation under this section.

SB55-SSA1-CA1, s. 4031s Section 4031s. 978.08 of the statutes is created to read:

SB55-SSA1-CA1,998,22 978.08 Preservation of certain evidence. (1) In this section:

SB55-SSA1-CA1,998,23 (a) "Custody" has the meaning given in s. 968.205 (1) (a).

SB55-SSA1-CA1,998,24 (b) "Discharge date" has the meaning given in s. 968.205 (1) (b).

SB55-SSA1-CA1,999,6 (2) Except as provided in sub. (3), if physical evidence that is in the possession of a district attorney includes any biological material that was collected in connection with a criminal investigation that resulted in a criminal conviction, delinquency adjudication, or commitment under s. 971.17 or 980.06, the district attorney shall preserve the physical evidence until every person in custody as a result of the conviction, adjudication, or commitment has reached his or her discharge date.

SB55-SSA1-CA1,999,8 (3) Subject to sub. (5), a district attorney may destroy biological material before the expiration of the time period specified in sub. (2) if all of the following apply:

SB55-SSA1-CA1,999,12 (a) The district attorney sends a notice of its intent to destroy the biological material to all persons who remain in custody as a result of the criminal conviction, delinquency adjudication, or commitment and to either the attorney of record for each person in custody or the state public defender.

SB55-SSA1-CA1,999,14 (b) No person who is notified under par. (a) does either of the following within 90 days after the date on which the person received the notice:

SB55-SSA1-CA1,999,15 1. Files a motion for testing of the biological material under s. 974.07 (2).

SB55-SSA1-CA1,999,17 2. Submits a written request to preserve the biological material to the district attorney.

SB55-SSA1-CA1,999,19 (c) No other provision of federal or state law requires the district attorney to preserve the biological material.

SB55-SSA1-CA1,999,24 (4) A notice provided under sub. (3) (a) shall clearly inform the recipient that the biological material will be destroyed unless, within 90 days after the date on which the person receives the notice, either a motion for testing of the material is filed under s. 974.07 (2) or a written request to preserve the material is submitted to the district attorney.

SB55-SSA1-CA1,1000,6 (5) If, after providing notice under sub. (3) (a) of its intent to destroy biological material, a district attorney receives a written request to preserve the material, the district attorney shall preserve the material until the discharge date of the person who made the request or on whose behalf the request was made, subject to a court order issued under s. 974.07 (7), (9) (a), or (10) (a) 5., unless the court orders destruction or transfer of the biological material under s. 974.07 (9) (b) or (10) (a) 5.".

SB55-SSA1-CA1,1000,7 1557. Page 1280, line 9: after that line insert:

SB55-SSA1-CA1,1000,8 " Section 4034yd. 980.065 (1r) of the statutes is created to read:

SB55-SSA1-CA1,1000,12 980.065 (1r) Notwithstanding sub. (1m), the department may place a female person committed under s. 980.06 at Mendota Mental Health Institute, Winnebago Mental Health Institute, or a privately operated residential facility under contract with the department of health and family services.

SB55-SSA1-CA1, s. 4034ye Section 4034ye. 980.067 of the statutes is created to read:

SB55-SSA1-CA1,1000,17 980.067 Activities off grounds. The superintendent of the facility at which a person is placed under s. 980.065 may allow the person to leave the grounds of the facility under escort. The department of health and family services shall promulgate rules for the administration of this section.".

SB55-SSA1-CA1,1000,18 1558. Page 1280, line 10: delete lines 10 to 22 and substitute:

SB55-SSA1-CA1,1000,19 " Section 4034yg. 980.08 (5) of the statutes is amended to read:

SB55-SSA1-CA1,1002,4 980.08 (5) If the court finds that the person is appropriate for supervised release, the court shall notify the department. The department shall make its best effort to arrange for placement of the person in a residential facility or dwelling that is in the person's county of residence, as determined by the department under s. 980.105. The department and the county department under s. 51.42 in the county of residence of the person, as determined under s. 980.105, shall prepare a plan that identifies the treatment and services, if any, that the person will receive in the community. The plan shall address the person's need, if any, for supervision, counseling, medication, community support services, residential services, vocational services, and alcohol or other drug abuse treatment. In developing a plan for where the person may reside while on supervised release, the department shall consider the proximity of any potential placement to the residence of other persons on supervised release and to the residence of persons who are in the custody of the department of corrections and regarding whom a sex offender notification bulletin has been issued to law enforcement agencies under s. 301.46 (2m) (a) or (am). If the person is a serious child sex offender, the plan shall address the person's need for pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen. The department may contract with a county department, under s. 51.42 (3) (aw) 1. d., with another public agency or with a private agency to provide the treatment and services identified in the plan. The plan shall specify who will be responsible for providing the treatment and services identified in the plan. The plan shall be presented to the court for its approval within 60 days after the court finding that the person is appropriate for supervised release, unless the department, county department and person to be released request additional time to develop the plan. If the county department of the person's county of residence declines to prepare a plan, the department may arrange for another county to prepare the plan if that county agrees to prepare the plan and if the person will be living in that county. If the department is unable to arrange for another county to prepare a plan, the court shall designate a county department to prepare the plan, order the county department to prepare the plan and place the person on supervised release in that county, except that the court may not so designate the county department in any county where there is a facility in which persons committed to institutional care under this chapter are placed unless that county is also the person's county of residence.

SB55-SSA1-CA1, s. 4034yi Section 4034yi. 980.105 of the statutes is amended to read:

SB55-SSA1-CA1,1002,8 980.105 Determination of county of residence. The court department shall determine a person's county of residence for the purposes of this chapter by doing all of the following:

SB55-SSA1-CA1,1002,11 (1) The court department shall consider residence as the voluntary concurrence of physical presence with intent to remain in a place of fixed habitation and shall consider physical presence as prima facie evidence of intent to remain.

SB55-SSA1-CA1,1002,16 (2) The court department shall apply the criteria for consideration of residence and physical presence under sub. (1) to the facts that existed on the date that the person committed the sexually violent offense that resulted in the sentence, placement or commitment that was in effect when the petition was filed under s. 980.02.".

SB55-SSA1-CA1,1002,17 1559. Page 1280, line 23: before that line insert:

SB55-SSA1-CA1,1002,18 " Section 4034ys. 980.101 of the statutes is created to read:

SB55-SSA1-CA1,1002,24 980.101 Reversal, vacation or setting aside of judgment relating to a sexually violent offense; effect. (1) In this section, "judgment relating to a sexually violent offense" means a judgment of conviction for a sexually violent offense, an adjudication of delinquency on the basis of a sexually violent offense, or a judgment of not guilty of a sexually violent offense by reason of mental disease or defect.

SB55-SSA1-CA1,1003,6 (2) If, at any time after a person is committed under s. 980.06, a judgment relating to a sexually violent offense committed by the person is reversed, set aside, or vacated and that sexually violent offense was a basis for the allegation made in the petition under s. 980.02 (2) (a), the person may bring a motion for postcommitment relief in the court that committed the person. The court shall proceed as follows on the motion for postcommitment relief:

SB55-SSA1-CA1,1003,12 (a) If the sexually violent offense was the sole basis for the allegation under s. 980.02 (2) (a) and there are no other judgments relating to a sexually violent offense committed by the person, the court shall reverse, set aside, or vacate the judgment under s. 980.05 (5) that the person is a sexually violent person, vacate the commitment order, and discharge the person from the custody or supervision of the department.

SB55-SSA1-CA1,1003,19 (b) If the sexually violent offense was the sole basis for the allegation under s. 980.02 (2) (a) but there are other judgments relating to a sexually violent offense committed by the person that have not been reversed, set aside, or vacated, or if the sexually violent offense was not the sole basis for the allegation under s. 980.02 (2) (a), the court shall determine whether to grant the person a new trial under s. 980.05 because the reversal, setting aside, or vacating of the judgment for the sexually violent offense would probably change the result of the trial.

SB55-SSA1-CA1,1003,21 (3) An appeal may be taken from an an order entered under sub. (2) as from a final judgment.".

SB55-SSA1-CA1,1003,22 1560. Page 1280, line 23: before that line insert:

SB55-SSA1-CA1,1003,23 " Section 4034yr. 990.01 (39) of the statutes is created to read:

SB55-SSA1-CA1,1004,2 990.01 (39) Southern state forest. "Southern state forest" means a state forest that is located within the region specified in s. 25.28 (3) (am).".

SB55-SSA1-CA1,1004,3 1561. Page 1281, line 6: after that line insert:

SB55-SSA1-CA1,1004,4 " Section 4034zb. 1995 Wisconsin Act 292, section 5 is repealed.

SB55-SSA1-CA1, s. 4034zc Section 4034zc. 1995 Wisconsin Act 292, section 12 is repealed.

SB55-SSA1-CA1, s. 4034zd Section 4034zd. 1995 Wisconsin Act 292, section 14 is repealed.

SB55-SSA1-CA1, s. 4034ze Section 4034ze. 1995 Wisconsin Act 292, section 16 is repealed.

SB55-SSA1-CA1, s. 4034zf Section 4034zf. 1995 Wisconsin Act 292, section 20 is repealed.

SB55-SSA1-CA1, s. 4034zg Section 4034zg. 1995 Wisconsin Act 292, section 22 is repealed.

SB55-SSA1-CA1, s. 4034zh Section 4034zh. 1995 Wisconsin Act 292, section 24 is repealed.

SB55-SSA1-CA1, s. 4034zi Section 4034zi. 1995 Wisconsin Act 292, section 28 is repealed.

SB55-SSA1-CA1, s. 4034zj Section 4034zj. 1995 Wisconsin Act 292, section 30 is repealed.

SB55-SSA1-CA1, s. 4034zk Section 4034zk. 1995 Wisconsin Act 292, section 30h is repealed.

SB55-SSA1-CA1, s. 4034zL Section 4034zL. 1995 Wisconsin Act 292, section 32 is repealed.

SB55-SSA1-CA1, s. 4034zm Section 4034zm. 1995 Wisconsin Act 292, section 37 (1) is repealed.".

SB55-SSA1-CA1,1004,16 1562. Page 1282, line 16: after that line insert:

SB55-SSA1-CA1,1004,17 " Section 4041d. 1997 Wisconsin Act 35, section 141 is repealed.

SB55-SSA1-CA1, s. 4041e Section 4041e. 1997 Wisconsin Act 35, section 144 is repealed.

SB55-SSA1-CA1, s. 4041f Section 4041f. 1997 Wisconsin Act 35, section 147 is repealed.

SB55-SSA1-CA1, s. 4041g Section 4041g. 1997 Wisconsin Act 35, section 605 (1) is repealed.".

SB55-SSA1-CA1,1004,21 1563. Page 1282, line 16: after that line insert:

SB55-SSA1-CA1,1004,22 " Section 4041k. 1997 Wisconsin Act 154, section 3 (2) is amended to read:

SB55-SSA1-CA1,1005,5 [1997 Wisconsin Act 154] Section 3 (2) Joint committee on finance review. The department of health and family services shall submit the report under subsection (1) to the joint committee on finance of the legislature for its review under section 13.10 of the statutes. The department of health and family services may not submit the rules under section 146.56 (2) of the statutes, as created by this act, to the legislative council staff for review under section 227.15 of the statutes until the joint committee on finance approves the report under subsection (1).".

SB55-SSA1-CA1,1005,6 1564. Page 1283, line 13: after that line insert:

SB55-SSA1-CA1,1005,7 " Section 4046s. 1999 Wisconsin Act 9, section 9158 (8w) (e) is repealed.".

SB55-SSA1-CA1,1005,8 1565. Page 1283, line 13: after that line insert:

SB55-SSA1-CA1,1005,9 " Section 4046r. 1999 Wisconsin Act 9, section 9150 (3bm) is amended to read:

SB55-SSA1-CA1,1005,24 [1999 Wisconsin Act 9] Section 9150 (3bm) Contracting for design or construction of light rail prohibited. Notwithstanding any other provision of chapter 59, 60, 61, 62 or 66 of the statutes, no governing body of any city, village, town or county and no agency, corporation, instrumentality or subunit of a city, village, town or county, may enter into a contract for any purpose related to a light rail mass transit system after the effective date of this subsection if the cost of any of the contracted items would be paid for by, or reimbursed with, federal funds received under P.L. 102-240, section 1045, or P.L. 105-277, section 373, or any funds received from the state. This subsection does not apply to any funds expended or activity related to a mass transit system that is done under the memorandum of agreement concerning USH 12 between Middleton and Lake Delton, Wisconsin, that was executed by the governor, the secretary of transportation, the secretary of natural resources, the county executive of Dane County, the administrative coordinator of Sauk County, and others, and that became effective on April 22, 1999. This subsection does not apply after June 30, 2001 2002.".

SB55-SSA1-CA1,1006,1 1566. Page 1287, line 18: delete lines 18 to 25.

SB55-SSA1-CA1,1006,2 1567. Page 1288, line 1: delete lines 1 to 11.

SB55-SSA1-CA1,1006,4 1568. Page 1289, line 11: on lines 11, 13, 15 and 17, delete "$13,465,100" and substitute "$4,479,700".

SB55-SSA1-CA1,1006,5 1569. Page 1290, line 22: delete lines 22 to 25.

SB55-SSA1-CA1,1006,6 1570. Page 1291, line 2: delete "$566,200" and substitute "$499,100".

SB55-SSA1-CA1,1006,8 1571. Page 1291, line 7: delete the material beginning with that line and ending with page 1292, line 5.

SB55-SSA1-CA1,1006,10 1572. Page 1292, line 18: delete the material beginning with that line and ending with page 1293, line 4.

SB55-SSA1-CA1,1006,11 1573. Page 1293, line 10: delete lines 10 to 14.

SB55-SSA1-CA1,1006,12 1574. Page 1295, line 7: delete "$1,864,700" and substitute "$1,218,100".

SB55-SSA1-CA1,1006,13 1575. Page 1295, line 22: after that line insert:

SB55-SSA1-CA1,1006,20 "(14) Electronic procurement and commerce activities. The department of administration shall report to the governor and the cochairpersons of the joint committee on finance concerning the status of the electronic procurement and commerce activities of the department. The department shall include in the report an assessment of the costs and benefits of those activities for the 2002-03 fiscal year and an assessment of the effectiveness of state executive branch agencies in increasing the volume of those activities.".

SB55-SSA1-CA1,1006,21 1576. Page 1298, line 8: after that line insert:

SB55-SSA1-CA1,1006,22 "(19r) Purchasing card rebates.

SB55-SSA1-CA1,1006,23 (a) In this subsection:

SB55-SSA1-CA1,1007,1 1. "Secretary" means the secretary of administration.

SB55-SSA1-CA1,1007,2 2. "State agency" has the meaning given in section 20.001 (1) of the statutes.

SB55-SSA1-CA1,1007,8 (b) The secretary shall determine the amount of rebates that were received by the state from purchasing card issuers for purchases made by state agencies with purchasing cards and that were credited, before the effective date of this paragraph, to the appropriation account under section 20.505 (1) (ka) of the statutes. In making this determination, the secretary shall also identify the appropriation accounts from which the purchases were made and on which the rebates were based.

SB55-SSA1-CA1,1007,14 (c) During fiscal year 2001-02, from the appropriation account under section 20.505 (1) (ka) of the statutes, the secretary shall lapse that part of the amount determined under paragraph (b) to the general fund that is based on purchases made from appropriations from the general fund and shall transfer that part of the amount determined under paragraph (b) to the appropriate segregated fund that is based on purchases made from appropriations from that segregated fund.".