Amendment SSA1-SB44

SB44-SSA1, s. 2725k Section 2725k. 895.55 (2) (intro.) of the statutes is amended to read:

SB44-SSA1,1000,16 895.55 (2) (intro.) Notwithstanding any provision of s. 93.57, 299.11, 299.13, 299.31, 299.41, 299.43, 299.45, 299.51, 299.53 or 299.55, subchs. II and IV of ch. 30, ch. 29, 166, 281, 283, 289, 291 or 292 or subch. II of ch. 295, or any other provision of this chapter, a person is immune from liability for damages resulting from the person's acts or omissions and for the removal costs resulting from the person's acts or omissions if all of the following conditions are met:

SB44-SSA1, s. 2726 Section 2726. 895.65 (2) of the statutes is amended to read:

SB44-SSA1,1001,2 895.65 (2) An employee may bring an action in circuit court against his or her employer or employer's agent, including this state, if the employer or employer's agent retaliates, by engaging in a disciplinary action, against the employee because the employee exercised his or her rights under the first amendment to the U.S. constitution or article I, section 3, of the Wisconsin constitution by lawfully disclosing information or because the employer or employer's agent believes the employee so exercised his or her rights. The employee shall bring the action within 2 years after the action allegedly occurred or after the employee learned of the action, whichever occurs last. No employee may bring an action against the department of employment relations office of state human resources management as an employer's agent.

SB44-SSA1, s. 2727 Section 2727. 938.02 (15m) of the statutes is amended to read:

SB44-SSA1,1001,10 938.02 (15m) "Secured correctional facility" means a correctional institution operated or contracted for by the department of corrections or operated by the department of health and family services for holding in secure custody persons adjudged delinquent. "Secured correctional facility" includes the Mendota juvenile treatment center under s. 46.057, the facility at which the juvenile boot camp program under s. 938.532 is operated and a facility authorized under s. 938.533 (3) (b), 938.538 (4) (b), or 938.539 (5).

SB44-SSA1, s. 2728 Section 2728. 938.275 (2) (d) of the statutes is amended to read:

SB44-SSA1,1001,19 938.275 (2) (d) Reimbursement payments shall be made to the clerk of courts of the county where the proceedings took place. Each payment shall be transmitted to the county treasurer, who shall deposit 25% of the amount paid for state-provided counsel in the county treasury and transmit the remainder to the state treasurer secretary of administration. Payments transmitted to the state treasurer secretary of administration shall be deposited in the general fund and credited to the appropriation account under s. 20.550 (1) (L). The county treasurer shall deposit 100% of the amount paid for county-provided counsel in the county treasury.

SB44-SSA1, s. 2729 Section 2729. 938.34 (4n) (intro.) of the statutes is amended to read:

SB44-SSA1,1002,2 938.34 (4n) Aftercare supervision. (intro.) Subject to s. 938.532 (3) and to any arrangement between the department and a county department regarding the provision of aftercare supervision for juveniles who have been released from a secured correctional facility, a secured child caring institution, or a secured group home, designate one of the following to provide aftercare supervision for the juvenile following the juvenile's release from the secured correctional facility, secured child caring institution, or secured group home:

SB44-SSA1, s. 2730 Section 2730. 938.34 (8d) (b) of the statutes is amended to read:

SB44-SSA1,1002,6 938.34 (8d) (b) The clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration under s. 59.25 (3) (f) 2.

SB44-SSA1, s. 2731 Section 2731. 938.34 (8d) (c) of the statutes is amended to read:

SB44-SSA1,1002,14 938.34 (8d) (c) If a juvenile placed in a secured correctional facility or a secured child caring institution fails to pay the surcharge under par. (a), the department shall assess and collect the amount owed from the juvenile's wages or other moneys. If a juvenile placed in a secured group home fails to pay the surcharge under par. (a), the county department shall assess and collect the amount owed from the juvenile's wages or other moneys. Any amount collected shall be transmitted to the state treasurer secretary of administration.

SB44-SSA1, s. 2732 Section 2732. 938.532 of the statutes is repealed.

SB44-SSA1, s. 2733 Section 2733. 938.538 (6m) (b) of the statutes is amended to read:

SB44-SSA1,1003,2 938.538 (6m) (b) In the selection of classified service employees for a secured correctional facility authorized under 1993 Wisconsin Act 377, section 9108 (1) (a), the appointing authority shall make every effort to use the expanded certification program under s. 230.25 (1n) or rules of the administrator of the division of merit recruitment and selection in the department of employment relations office of state human resources management to ensure that the percentage of employees who are minority group members approximates the percentage of the juveniles placed at that secured correctional facility who are minority group members. The administrator of the division of merit recruitment and selection in the department of employment relations office of state human resources management shall provide guidelines for the administration of this selection procedure.

SB44-SSA1, s. 2737d Section 2737d. 943.13 (1e) (f) (intro.) of the statutes is amended to read:

SB44-SSA1,1003,5 943.13 (1e) (f) (intro.) "Undeveloped "Open land" means land that meets all of the following criteria:

SB44-SSA1, s. 2737e Section 2737e. 943.13 (1m) (a) of the statutes is amended to read:

SB44-SSA1,1003,9 943.13 (1m) (a) Enters any enclosed, cultivated or undeveloped land of another, other than undeveloped open land specified in par. (e) or (f), without the express or implied consent of the owner or occupant.

SB44-SSA1, s. 2737f Section 2737f. 943.13 (1m) (e) of the statutes is amended to read:

SB44-SSA1,1003,13 943.13 (1m) (e) Enters or remains on undeveloped open land that is an inholding of another after having been notified by the owner or occupant not to enter or remain on the land.

SB44-SSA1, s. 2739 Section 2739. 949.02 of the statutes is amended to read:

SB44-SSA1,1003,19 949.02 Administration. The department shall administer this chapter. The department shall appoint a program director to assist in administering this chapter. The department shall promulgate rules for the implementation and operation of this chapter. The rules shall include procedures to ensure that any limitation of an award under s. 949.06 (5) (e) is calculated in a fair and equitable manner.

SB44-SSA1, s. 2740 Section 2740. 949.06 (5) of the statutes is repealed.

SB44-SSA1, s. 2743 Section 2743. 961.01 (20g) of the statutes is amended to read:

SB44-SSA1,1003,23 961.01 (20g) "Public housing project" means any housing project or development administered by a housing authority, as defined in s. 16.30 560.9801 (2).

SB44-SSA1, s. 2744 Section 2744. 961.41 (5) (b) of the statutes is amended to read:

SB44-SSA1,1004,4 961.41 (5) (b) The clerk of the court shall collect and transmit the amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2.

SB44-SSA1, s. 2745 Section 2745. 961.41 (5) (c) of the statutes is amended to read:

SB44-SSA1,1004,8 961.41 (5) (c) All moneys collected from drug surcharges shall be deposited by the state treasurer secretary of administration in and utilized in accordance with s. 20.435 (6) (gb).

SB44-SSA1, s. 2748 Section 2748. 972.15 (2b) of the statutes is created to read:

SB44-SSA1,1004,14 972.15 (2b) If the defendant is subject to being sentenced under s. 973.01 and he or she satisfies the criteria under s. 302.05 (3) (a) 1., the person preparing the presentence investigation report shall include in the report a recommendation as to whether the defendant should be eligible to participate in the earned release program under s. 302.05 (3).

SB44-SSA1, s. 2749 Section 2749. 973.01 (3g) of the statutes is created to read:

SB44-SSA1,1004,22 973.01 (3g) Earned release program eligibility. When imposing a bifurcated sentence under this section on a person convicted of a crime other than a crime specified in ch. 940 or s. 948.02, 948.025, 948.03, 948.05, 948.055, 948.06, 948.07, 948.075, 948.08, or 948.095, the court shall, as part of the exercise of its sentencing discretion, decide whether the person being sentenced is eligible or ineligible to participate in the earned release program under s. 302.05 (3) during the term of confinement in prison portion of the bifurcated sentence.

SB44-SSA1, s. 2750 Section 2750. 973.01 (4) of the statutes is amended to read:

SB44-SSA1,1005,4 973.01 (4) No good time; extension or reduction of term of imprisonment. A person sentenced to a bifurcated sentence under sub. (1) shall serve the term of confinement in prison portion of the sentence without reduction for good behavior. The term of confinement in prison portion is subject to extension under s. 302.113 (3) and, if applicable, to reduction under s. 302.045 (3m), 302.05 (3) (c) 2. a., 302.113 (9g), or 973.195 (1r).

SB44-SSA1, s. 2751 Section 2751. 973.01 (8) (ag) of the statutes is created to read:

SB44-SSA1,1005,8 973.01 (8) (ag) If the court provides under sub. (3g) that the person is eligible to participate in the earned release program under s. 302.05 (3), the court shall also inform the person of the provisions of s. 302.05 (3) (c).

SB44-SSA1, s. 2752 Section 2752. 973.015 of the statutes is amended to read:

SB44-SSA1,1005,18 973.015 Misdemeanors, special disposition. (1) When a person is under the age of 21 at the time of the commission of an offense for which the person has been found guilty in a court for violation of a law for which the maximum penalty is imprisonment for one year or less in the county jail, the court may order at the time of sentencing that the record be expunged upon successful completion of the sentence if the court determines the person will benefit and society will not be harmed by this disposition. This subsection does not apply to information maintained by the department of transportation regarding a conviction that is required to be included in a record kept under s. 343.23 (2) (a).

SB44-SSA1, s. 2759 Section 2759. 973.045 (2) of the statutes is amended to read:

SB44-SSA1,1005,23 973.045 (2) After the clerk determines the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration under s. 59.25 (3) (f) 2.

SB44-SSA1, s. 2760 Section 2760. 973.045 (3) (a) (intro.) of the statutes is amended to read:

SB44-SSA1,1006,5 973.045 (3) (a) (intro.) The clerk shall record the crime victim and witness surcharge in 2 parts. Part A is the portion that the state treasurer secretary of administration shall credit to the appropriation account under s. 20.455 (5) (g) and part B is the portion that the state treasurer secretary of administration shall credit to the appropriation account under s. 20.455 (5) (gc), as follows:

SB44-SSA1, s. 2761 Section 2761. 973.045 (4) of the statutes is amended to read:

SB44-SSA1,1006,11 973.045 (4) If an inmate in a state prison or a person sentenced to a state prison has not paid the crime victim and witness assistance surcharge under this section, the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected shall be transmitted to the state treasurer secretary of administration.

SB44-SSA1, s. 2762 Section 2762. 973.046 (2) of the statutes is amended to read:

SB44-SSA1,1006,16 973.046 (2) After the clerk of court determines the amount due, the clerk shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration under s. 59.25 (3) (f) 2.

SB44-SSA1, s. 2763 Section 2763. 973.046 (3) of the statutes is amended to read:

SB44-SSA1,1006,20 973.046 (3) All moneys collected from deoxyribonucleic acid analysis surcharges shall be deposited by the state treasurer secretary of administration as specified in s. 20.455 (2) (Lm) and utilized under s. 165.77.

SB44-SSA1, s. 2764 Section 2764. 973.046 (4) of the statutes is amended to read:

SB44-SSA1,1007,2 973.046 (4) If an inmate in a state prison or a person sentenced to a state prison has not paid the deoxyribonucleic acid analysis surcharge under this section, the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected shall be transmitted to the state treasurer secretary of administration.

SB44-SSA1, s. 2765 Section 2765. 973.055 (2) (a) of the statutes is amended to read:

SB44-SSA1,1007,8 973.055 (2) (a) If the assessment is imposed by a court of record, after the court determines the amount due, the clerk of the court shall collect and transmit the amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2.

SB44-SSA1, s. 2766 Section 2766. 973.055 (2) (b) of the statutes is amended to read:

SB44-SSA1,1007,14 973.055 (2) (b) If the assessment is imposed by a municipal court, after a determination by the court of the amount due, the court shall collect and transmit the amount to the treasurer of the county, city, town, or village, and that treasurer shall make payment to the state treasurer secretary of administration as provided in s. 66.0114 (1) (bm).

SB44-SSA1, s. 2767 Section 2767. 973.055 (3) of the statutes is amended to read:

SB44-SSA1,1007,18 973.055 (3) All moneys collected from domestic abuse assessments shall be deposited by the state treasurer secretary of administration in s. 20.435 (3) (hh) and utilized in accordance with s. 46.95.

SB44-SSA1, s. 2768 Section 2768. 973.09 (3) (bm) 1. of the statutes is amended to read:

SB44-SSA1,1007,23 973.09 (3) (bm) 1. At least 90 days before the expiration date of a probationer's period of probation, the department may notify the sentencing court and the district attorney that a probationer owes unpaid fees to the department under s. 304.073 or 304.074.

SB44-SSA1, s. 2769 Section 2769. 973.09 (3) (bm) 3. of the statutes is amended to read:

SB44-SSA1,1008,6 973.09 (3) (bm) 3. At a probation review hearing under subd. 2., the department has the burden of proving that the probationer owes unpaid fees under s. 304.073 or 304.074 and the amount of the unpaid fees. If the department proves by a preponderance of the evidence that the probationer owes unpaid fees under s. 304.073 or 304.074, the court may, by order, extend the period of probation for a stated period or modify the terms and conditions of probation.

SB44-SSA1, s. 2770 Section 2770. 973.09 (3) (c) 1. of the statutes is amended to read:

SB44-SSA1,1008,9 973.09 (3) (c) 1. The probationer has not made a good faith effort to discharge court-ordered payment obligations or to pay fees owed under s. 304.073 or 304.074.

SB44-SSA1, s. 2771 Section 2771. 973.11 (1) (intro.) of the statutes is amended to read:

SB44-SSA1,1008,23 973.11 (1) Placements. (intro.) If a person is convicted of or pleads guilty or no contest to one or more misdemeanors for which mandatory periods of imprisonment are not required, if the chief judge of the judicial administrative district has approved a volunteers in probation program established in the applicable county, and if the court decides that volunteer supervision under the program will likely benefit the person and the community and subject to the limitations under sub. (3), the court may withhold sentence or judgment of conviction and order that the person be placed with that volunteers in probation program. A person's participation in the program may not be used to conceal, withhold, or mask information regarding the judgment of conviction if the conviction is required to be included in a record kept under s. 343.23 (2) (a). Except as provided in sub. (3), the order shall provide any conditions that the court determines are reasonable and appropriate and may include, but need not be limited to, one or more of the following:

SB44-SSA1, s. 2776 Section 2776. 977.01 of the statutes is renumbered 977.01 (intro.) and amended to read:

SB44-SSA1,1009,2 977.01 Definitions. (intro.) In this chapter, unless the context requires otherwise, "board":

SB44-SSA1,1009,3 (1) "Board" means the public defender board.

SB44-SSA1, s. 2777 Section 2777. 977.01 (2) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

SB44-SSA1,1009,10 977.01 (2) "Public assistance" means relief provided by counties under s. 59.53 (21), Wisconsin works under ss. 49.141 to 49.161, medical assistance under subch. IV of ch. 49, low-income energy assistance under s. 16.385 16.27, weatherization assistance under s. 16.39 16.26, and the food stamp program under 7 USC 2011 to 2029.

SB44-SSA1, s. 2778 Section 2778. 977.06 (1) (a) of the statutes is amended to read:

SB44-SSA1,1009,16 977.06 (1) (a) Verify the information necessary to determine indigency under s. 977.07 (2). The information provided by a person seeking assigned counsel that is subject to verification shall include any social security numbers provided on an application under sub. (1m), income records, value of assets, eligibility for public assistance, as defined in s. 106.215 (1) (fm), and claims of expenses.

SB44-SSA1, s. 2798 Section 2798 . 978.12 (1) (c) of the statutes is amended to read:

SB44-SSA1,1010,2 978.12 (1) (c) Assistant district attorneys. Assistant district attorneys shall be employed outside the classified service. For purposes of salary administration, the secretary of employment relations director of the office of state human resources management shall establish one or more classifications for assistant district attorneys in accordance with the classification or classifications allocated to assistant attorneys general. Except as provided in s. 111.93 (3), the salaries of assistant district attorneys shall be established and adjusted in accordance with the state compensation plan for assistant attorneys general whose positions are allocated to the classification or classifications established by the secretary of employment relations director of the office of state human resources management.

SB44-SSA1, s. 2800 Section 2800. 978.12 (5) (c) 1. of the statutes is amended to read:

SB44-SSA1,1010,10 978.12 (5) (c) 1. The salaries authorized under this section for the district attorney and the state employees of the office of district attorney shall be paid by the state treasurer secretary of administration to the county treasurer pursuant to a voucher submitted by the district attorney to the department of administration. The county treasurer shall pay the amounts directly to the district attorney and state employees of the office of district attorney and the amounts paid shall be subject to the retirement system established under chapter 201, laws of 1937.

SB44-SSA1, s. 2802 Section 2802. 978.13 (1) (b) of the statutes, as affected by 2001 Wisconsin Act 109, is amended to read:

SB44-SSA1,1010,19 978.13 (1) (b) In counties having a population of 500,000 or more, the salary and fringe benefit costs of 2 clerk positions providing clerical services to the prosecutors in the district attorney's office handling cases involving felony violations under ch. 961. The state treasurer secretary of administration shall pay the amount authorized under this subsection to the county treasurer pursuant to a voucher submitted by the district attorney to the department of administration from the appropriation under s. 20.475 (1) (i).

SB44-SSA1, s. 2803 Section 2803. 978.13 (1) (c) of the statutes, as affected by 2001 Wisconsin Act 109, is amended to read:

SB44-SSA1,1011,4 978.13 (1) (c) In counties having a population of 500,000 or more, the salary and fringe benefit costs of clerk positions in the district attorney's office necessary for the prosecution of violent crime cases primarily involving felony violations under s. 939.63, if a felony is committed while armed, and under ss. 940.01 to 940.03, 940.05, 940.06, 940.225, 943.23 (1g), and 943.32 (2). The state treasurer secretary of administration shall pay the amount authorized under this subsection to the county treasurer pursuant to a voucher submitted by the district attorney to the secretary of administration from the appropriation under s. 20.475 (1) (i).

SB44-SSA1, s. 2804 Section 2804. 978.13 (1) (d) of the statutes, as affected by 2001 Wisconsin Act 109, is amended to read:

SB44-SSA1,1011,13 978.13 (1) (d) In counties having a population of 500,000 or more, the salary and fringe benefit costs of 2 clerk positions providing clerical services to the prosecutors in the district attorney's office handling cases involving the unlawful possession or use of firearms. The state treasurer secretary of administration shall pay the amount authorized under this subsection to the county treasurer from the appropriation under s. 20.475 (1) (f) or (i) pursuant to a voucher submitted by the district attorney to the department of administration.

SB44-SSA1, s. 2804d Section 2804d. 978.13 (1m) of the statutes, as created by 2001 Wisconsin Act 109, is amended to read:

SB44-SSA1,1011,19 978.13 (1m) The amount paid under sub. (1) (b) and, (c), and (d) combined may not exceed the amount appropriated under s. 20.475 (1) (i). The amount paid under sub. (1) (d) may not exceed the amount appropriated under s. 20.475 (1) (f) and (i) combined.