Amendment SA2-SSA1-SB55

SB55-SSA1-SA2,518,7 1205. Page 1075, line 16: delete "$150,000" and substitute "$150,000 $180,000".

SB55-SSA1-SA2,518,9 1206. Page 1076, line 24: delete that line and substitute "security correctional institution at Redgranite, the correctional".

SB55-SSA1-SA2,518,12 1207. Page 1077, line 7: after "prisons." insert "Beginning on January 1, 2004, the medium security correctional facility at New Lisbon and the correctional facility authorized under s. 301.16 (1v) are also state prisons.".

SB55-SSA1-SA2,518,13 1208. Page 1077, line 8: delete lines 8 to 16.

SB55-SSA1-SA2,518,14 1209. Page 1077, line 16: after that line insert:

SB55-SSA1-SA2,518,15 " Section 3354b. 301.048 (2m) of the statutes is repealed.

SB55-SSA1-SA2, s. 3354c Section 3354c. 301.048 (3) (a) (intro.) of the statutes is amended to read:

SB55-SSA1-SA2,518,18 301.048 (3) (a) (intro.) The Subject to par. (bm), the department shall provide each participant with one or more of the following sanctions:

SB55-SSA1-SA2, s. 3354d Section 3354d. 301.048 (3) (a) 1. of the statutes is amended to read:

SB55-SSA1-SA2,519,2 301.048 (3) (a) 1. Placement in a Type 1 prison or a jail, county reforestation camp, residential treatment facility or community-based residential facility. The Except as provided in par. (bm), the department may not place a participant under this paragraph for more than one year or, if applicable, the period specified by the court under s. 973.032 (3) (b), whichever is shorter, except as provided in s. 973.032 (4).

SB55-SSA1-SA2, s. 3354db Section 3354db. 301.048 (3) (b) of the statutes is amended to read:

SB55-SSA1-SA2,519,11 301.048 (3) (b) The Except as provided in par. (bm), the department may provide the sanctions under par. (a) in any order and may provide more than one sanction at a time. Subject to the cumulative time restrictions under par. pars. (a) 1. and (bm) 2., the department may return to a sanction that was used previously for a participant. A participant is not entitled to a hearing regarding the department's exercise of authority under this subsection or its decision to not petition the court under s. 973.032 (4m) (b) for permission to release a person from a placement under par. (a) 1. unless the department provides for a hearing by rule.

SB55-SSA1-SA2, s. 3354df Section 3354df. 301.048 (3) (bm) of the statutes is created to read:

SB55-SSA1-SA2,519,19 301.048 (3) (bm) 1. The department shall initially place a person required to participate in the intensive sanctions program under s. 973.032 (1) in a Type 1 prison or a jail, county reforestation camp, residential treatment facility, or community-based residential facility under par. (a) 1. Except as provided under subd. 2. or unless, under sub. (4) (a), the person's extended supervision is revoked, the department shall maintain the person in that placement until the court authorizes the person's release from the placement under s. 973.032 (4m).

SB55-SSA1-SA2,519,21 2. The department may not place a person described in subd. 1. in a placement under par. (a) 1. for a total of more than 2 years.

SB55-SSA1-SA2, s. 3354e Section 3354e. 301.048 (4) (a) of the statutes is amended to read:

SB55-SSA1-SA2,520,9 301.048 (4) (a) A participant is in the custody and under the control of the department, subject to its rules and discipline. A participant entering the program under sub. (2) (am) 1. is a prisoner, except that he or she is a person on extended supervision for the purposes of revocation if the department is precluded under sub. (3) (bm) 2. from placing the person under sub. (3) (a) 1. A participant entering the program under sub. (2) (am) 1. or 2. is a prisoner. A participant entering the program under sub. (2) (am) 3. is a prisoner, except that he or she is a parolee for purposes of revocation. A participant entering the program under sub. (2) (am) 3m. is a prisoner, except that he or she remains a person on extended supervision for purposes of revocation. A participant entering the program under sub. (2) (am) 4. is a prisoner, except that he or she remains a probationer, parolee, or person on extended supervision, whichever is applicable, for purposes of revocation.

SB55-SSA1-SA2, s. 3354f Section 3354f. 301.048 (4) (ar) of the statutes is created to read:

SB55-SSA1-SA2,520,15 301.048 (4) (ar) If a participant enters the program under sub. (2) (am) 1. and his or her extended supervision is revoked, the time remaining on the bifurcated sentence for the purposes of s. 302.113 (9) is the total length of the bifurcated sentence, less time served by the person in custody under sub. (3) (a) 1. before release to extended supervision.

SB55-SSA1-SA2, s. 3354g Section 3354g. 301.048 (6) (a) of the statutes is amended to read:

SB55-SSA1-SA2,520,19 301.048 (6) (a) Except as provided in par. pars. (b) and (c), the department may discharge a participant from participation in the program and from departmental custody and control at any time.

SB55-SSA1-SA2, s. 3354h Section 3354h. 301.048 (6) (c) of the statutes is created to read:

SB55-SSA1-SA2,520,23 301.048 (6) (c) 1. If the department determines that a person participating under sub. (2) (am) 1. has successfully completed the intensive sanctions program, the department shall inform the court that sentenced the inmate.

SB55-SSA1-SA2,521,2 2. Upon being informed by the department under subd. 1. that an inmate whom the court sentenced under s. 973.01 has successfully completed the intensive sanctions program, the court shall modify the inmate's bifurcated sentence as follows:

SB55-SSA1-SA2,521,6 a. The court shall reduce the term of confinement in prison portion of the inmate's bifurcated sentence in a manner that provides for the release of the inmate to extended supervision within 30 days of the date on which the court receives the information from the department under subd. 1.

SB55-SSA1-SA2,521,8 b. The court shall lengthen the term of extended supervision imposed so that the total length of the bifurcated sentence originally imposed does not change.

SB55-SSA1-SA2,521,10 3. The court may not increase the total length of the bifurcated sentence when modifying a bifurcated sentence under subd. 2.".

SB55-SSA1-SA2,521,11 1210. Page 1078, line 2: after that line insert:

SB55-SSA1-SA2,521,12 " Section 3354x. 302.11 (1i) of the statutes is repealed.".

SB55-SSA1-SA2,521,13 1211. Page 1078, line 3: delete lines 3 to 11.

SB55-SSA1-SA2,521,15 1212. Page 1078, line 17: delete the material beginning with that line and ending on page 1080, line 2.

SB55-SSA1-SA2,521,16 1213. Page 1080, line 3: delete lines 3 to 6.

SB55-SSA1-SA2,521,17 1214. Page 1080, line 7: delete lines 7 to 11.

SB55-SSA1-SA2,521,19 1215. Page 1080, line 20: delete the material beginning with that line and ending on line 25.

SB55-SSA1-SA2,521,20 1216. Page 1081, line 1: delete lines 1 to 16 and substitute:

SB55-SSA1-SA2,521,21 " Section 3369m. 302.113 (9) (a) of the statutes is amended to read:

SB55-SSA1-SA2,522,9 302.113 (9) (a) 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, may revoke the extended supervision of the person and return the person to prison. If 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 Except as provided in s. 301.048 (4) (ar), the time remaining on the bifurcated sentence is the total length of the bifurcated sentence, less time served by the person in custody before release to extended supervision. The revocation order shall provide the person on extended supervision with credit in accordance with ss. 304.072 and 973.155.".

SB55-SSA1-SA2,522,11 1217. Page 1081, line 17: delete the material beginning with that line and ending on page 1083, line 21.

SB55-SSA1-SA2,522,13 1218. Page 1084, line 4: delete the material beginning with that line and ending with page 1086, line 9.

SB55-SSA1-SA2,522,14 1219. Page 1088, line 5: delete lines 5 to 11 and substitute:

SB55-SSA1-SA2,522,15 " Section 3386d. 302.18 (7) of the statutes is amended to read:

SB55-SSA1-SA2,522,22 302.18 (7) Except as provided in s. 973.013 (3m), the department shall keep all prisoners a person under 15 years of age who has been sentenced to the Wisconsin state prisons in a secured juvenile correctional facilities or facility or a secured child caring institutions institution, but the department may transfer them that person to an adult correctional institutions institution after they attain the person attains 15 years of age. The department may not transfer any person under 18 years of age to the correctional institution authorized in s. 301.16 (1n).".

SB55-SSA1-SA2,522,23 1220. Page 1088, line 5: delete lines 5 to 16.

SB55-SSA1-SA2,522,24 1221. Page 1088, line 24: delete that line.

SB55-SSA1-SA2,523,1 1222. Page 1089, line 1: delete lines 1 to 4.

SB55-SSA1-SA2,523,3 1223. Page 1089, line 16: delete the material beginning with that line and ending with page 1090, line 13, and substitute:

SB55-SSA1-SA2,523,4 " Section 3389gm. 303.01 (2) (em) of the statutes is amended to read:

SB55-SSA1-SA2,524,3 303.01 (2) (em) Lease space, with or without equipment, within the precincts of state prisons, as specified in s. 302.02, or within the confines of correctional institutions operated by the department for holding in secure custody persons adjudged delinquent, to not more than 6 2 private businesses to employ prison inmates and institution residents to manufacture products or components or to provide services for sale on the open market. The department shall comply with s. 16.75 in selecting businesses under this paragraph. The department may enter into a contract under this paragraph only with the approval of the joint committee on finance. The Beginning on the effective date of this paragraph .... [revisor inserts date], the department may not enter into, extend, renew, or amend a contract under this paragraph unless the contract or amendment specifies each state prison or juvenile correctional institution at which the private business will employ inmates or institution residents. The department shall consult with appropriate trade organizations and labor unions prior to issuing requests for proposals and prior to selecting proposals under this paragraph. Each such private business may conduct its operations as a private business, subject to the wage standards under sub. (4), the disposition of earnings under sub. (8), the provisions regarding displacement in sub. (11), the requirements for notification and hearing under sub. (1) (c), the requirement for prison industries board approval under s. 303.015 (1) (b) and the authority of the department to maintain security and control in its institutions. The private business and its operations are not a prison industry. Inmates employed by the private business are not subject to the requirements of inmates participating in prison industries, except as provided in this paragraph;

SB55-SSA1-SA2, s. 3389gn Section 3389gn. 303.01 (2) (em) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is repealed.

SB55-SSA1-SA2, s. 3389kb Section 3389kb. 303.01 (8) (b) of the statutes is amended to read:

SB55-SSA1-SA2,524,15 303.01 (8) (b) The department shall distribute earnings of an inmate or resident, other than an inmate or resident employed under sub. (2) (em), for the crime victim and witness assistance surcharge under s. 973.045 (4), for the delinquency victim and witness assistance surcharge under s. 938.34 (8d) (c), for the deoxyribonucleic acid analysis surcharge under s. 973.046 (4) and for compliance with s. 303.06 (2) and may distribute earnings for the support of the inmate's or resident's dependents and for other obligations either acknowledged by the inmate or resident in writing or which have been reduced to judgment that may be satisfied according to law.

SB55-SSA1-SA2, s. 3389kg Section 3389kg. 303.01 (8) (c) of the statutes is repealed.

SB55-SSA1-SA2, s. 3389km Section 3389km. 303.01 (8) (d) of the statutes is repealed.

SB55-SSA1-SA2, s. 3389kq Section 3389kq. 303.01 (8) (e) of the statutes is repealed.

SB55-SSA1-SA2, s. 3389ks Section 3389ks. 303.01 (11) of the statutes is repealed.

SB55-SSA1-SA2, s. 3389kx Section 3389kx. 303.06 (3) of the statutes is repealed.

SB55-SSA1-SA2, s. 3389kz Section 3389kz. 303.21 (1) (b) of the statutes is amended to read:

SB55-SSA1-SA2,525,5 303.21 (1) (b) Inmates are included under par. (a) if they are participating in a structured work program away from the institution grounds under s. 302.15 or a secure work program under s. 303.063. Inmates are not included under par. (a) if they are employed in a prison industry under s. 303.06 (2), participating in a work release program under s. 303.065 (2), participating in employment with a private business under s. 303.01 (2) (em) or participating in the transitional employment program, but they are eligible for worker's compensation benefits under ch. 102. Residents subject to s. 303.01 (1) (b) are not included under par. (a) but they are eligible for worker's compensation benefits under ch. 102.".

SB55-SSA1-SA2,525,6 1224. Page 1090, line 13: after that line insert:

SB55-SSA1-SA2,525,7 " Section 3389h. 303.063 of the statutes is repealed.

SB55-SSA1-SA2, s. 3389j Section 3389j. 303.21 (1) (b) of the statutes is amended to read:

SB55-SSA1-SA2,525,17 303.21 (1) (b) Inmates are included under par. (a) if they are participating in a structured work program away from the institution grounds under s. 302.15 or a secure work program under s. 303.063. Inmates are not included under par. (a) if they are employed in a prison industry under s. 303.06 (2), participating in a work release program under s. 303.065 (2), participating in employment with a private business under s. 303.01 (2) (em), or participating in the transitional employment program, but they are eligible for worker's compensation benefits under ch. 102. Residents subject to s. 303.01 (1) (b) are not included under par. (a) but they are eligible for worker's compensation benefits under ch. 102.".

SB55-SSA1-SA2,525,18 1225. Page 1090, line 19: after that line insert:

SB55-SSA1-SA2,525,19 " Section 3389n. 304.02 (4) of the statutes is repealed.".

SB55-SSA1-SA2,525,20 1226. Page 1090, line 24: after that line insert:

SB55-SSA1-SA2,525,21 " Section 3389pm. 304.06 (1y) of the statutes is repealed.".

SB55-SSA1-SA2,525,22 1227. Page 1093, line 11: after that line insert:

SB55-SSA1-SA2,525,23 " Section 3389z. 304.071 (2) of the statutes is amended to read:

SB55-SSA1-SA2,526,3 304.071 (2) If a prisoner is not eligible for parole under s. 939.62 (2m) (c), 961.49 (2), 973.01 (6), or 973.014 (1) (c) or (1g) or 973.032 (5), he or she is not eligible for parole under this section.".

SB55-SSA1-SA2,526,4 1228. Page 1093, line 12: delete lines 12 to 22.

SB55-SSA1-SA2,526,6 1229. Page 1094, line 20: on lines 20 and 21, delete "55., or 56." and substitute "or 55.".

SB55-SSA1-SA2,526,8 1230. Page 1095, line 4: on lines 4 and 20, delete "55., or 56." and substitute "or 55.".

SB55-SSA1-SA2,526,9 1231. Page 1098, line 7: delete lines 7 to 19.

SB55-SSA1-SA2,526,11 1232. Page 1098, line 20: delete the material beginning with "statutes" and ending with "(this act)," on line 21 and substitute "statutes".

SB55-SSA1-SA2,526,12 1233. Page 1098, line 24: delete "55., or 56." and substitute "or 55.".

SB55-SSA1-SA2,526,13 1234. Page 1099, line 2: delete "55., or 56." and substitute "or 55.".

SB55-SSA1-SA2,526,15 1235. Page 1101, line 10: delete the material beginning with that line and ending on page 1103, line 14.

SB55-SSA1-SA2,526,16 1236. Page 1104, line 13: after that line insert:

SB55-SSA1-SA2,526,17 " Section 3409d. 343.10 (1) (a) of the statutes is amended to read:

SB55-SSA1-SA2,527,7 343.10 (1) (a) If a person's license or operating privilege is revoked or suspended under this chapter or s. 767.303 or 961.50, or if the person's operating privilege was suspended for failing to pay a forfeiture imposed for violating an ordinance unrelated to the person's operation of a motor vehicle under s. 345.47 (1) (b), 800.09 (1) (c), 800.095 (4) (b) 4., 938.17 (2) (d), 938.34 (8), or 938.343 (2), and if the person is engaged in an occupation, including homemaking or full-time or part-time study, or a trade making it essential that he or she operate a motor vehicle, the person, after payment of the fee provided in sub. (6), may file an application with the department setting forth in detail the need for operating a motor vehicle. No person may file more than one application with respect to each revocation or suspension of the person's license or operating privilege under this chapter or s. 767.303 or 961.50, except that this limitation does not apply to an application to amend an occupational license restriction.".

SB55-SSA1-SA2,527,8 1237. Page 1106, line 2: after that line insert:

SB55-SSA1-SA2,527,10 " Section 3409j. 343.10 (6) of the statutes is renumbered 343.10 (6) (a) and amended to read:

SB55-SSA1-SA2,527,13 343.10 (6) (a) No Except as provided in par. (b), no person may file an application for an occupational license under sub. (1) unless he or she first pays a fee of $40 to the department.

SB55-SSA1-SA2, s. 3409k Section 3409k. 343.10 (6) (b) of the statutes is created to read:

SB55-SSA1-SA2,527,20 343.10 (6) (b) A person whose operating privilege was suspended solely for failing to pay a forfeiture imposed for violating an ordinance unrelated to the person's operation of a motor vehicle under s. 345.47 (1) (b), 800.09 (1) (c), 800.095 (4) (b) 4., 938.17 (2) (d), 938.34 (8), or 938.343 (2) may not file an application for an occupational license under sub. (1) unless he or she first pays a fee of $10 to the department.".

SB55-SSA1-SA2,527,21 1238. Page 1118, line 21: after that line insert:

SB55-SSA1-SA2,527,22 " Section 3427t. 345.11 (1t) of the statutes is created to read:

SB55-SSA1-SA2,528,3 345.11 (1t) The uniform traffic citation may be used by a traffic officer employed under s. 110.07 for a violation of s. 167.10 (3) (a) when committed on a highway.

SB55-SSA1-SA2, s. 3427tg Section 3427tg. 345.20 (2) (h) of the statutes is created to read: