Amendment SSA1-SB44

SB44-SSA1,926,10 (a) The prisoner is a nonviolent offender to whom one of the following applies:

SB44-SSA1,926,12 1. He or she is serving no more than the last 6 months of the term of confinement of a bifurcated sentence.

SB44-SSA1,926,14 2. He or she was returned to prison under s. 302.113 (9) and there are no more than 6 months remaining of the time for which he or she is to be incarcerated.

SB44-SSA1,926,17 3. He or she is serving an indeterminate sentence for a crime other than a serious felony, as defined in s. 302.11 (1g), and there are no more than 6 months remaining until his or her mandatory release date under s. 302.11.

SB44-SSA1,926,19 4. He or she is serving an indeterminate sentence and the parole commission has authorized his or her release on parole within the next 6 months.

SB44-SSA1,926,21 5. He or she is serving no more than the last 6 months of an indeterminate sentence.

SB44-SSA1,926,24 (b) Upon a petition by the department within the 3 months immediately preceding the person's placement in the halfway house, the sentencing court entered an order authorizing the placement.

SB44-SSA1,927,2 (4) No direct commitment by court. A court may not directly commit persons to a halfway house established under sub. (1).

SB44-SSA1,927,4 (5) Report. The department shall submit a report to the legislature under s. 13.172 (2) and to the governor by January 1, 2007, addressing all of the following:

SB44-SSA1,927,7 (a) The success of the halfway house program under this section in reintegrating offenders into the community as compared to other programs for incarcerated offenders.

SB44-SSA1,927,8 (b) The cost effectiveness of the program.

SB44-SSA1,927,9 (c) The administration of the program.

SB44-SSA1,927,10 (d) The public's opinion of the program.

SB44-SSA1, s. 2485r Section 2485r. 301.0465 of the statutes, as created by 2003 Wisconsin Act .... (this act), is repealed.

SB44-SSA1, s. 2486 Section 2486. 301.105 (intro.) of the statutes is amended to read:

SB44-SSA1,927,18 301.105 Telephone company commissions. (intro.) The department shall collect moneys for commissions from telephone companies for contracts to provide telephone services to inmates. The department shall transmit those moneys to the state treasurer secretary of administration. The state treasurer secretary of administration shall do all of the following:

SB44-SSA1, s. 2489 Section 2489. 301.16 (1o) (b) of the statutes is amended to read:

SB44-SSA1,928,5 301.16 (1o) (b) In the selection of classified service employees of the institution specified in par. (a), the appointing authority shall, whenever possible, use the expanded certification program under 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 employees of the institution reflect the general population of either the county in which the institution is located or the most populous county contiguous to the county in which the institution is located, whichever population is greater. The administrator of the division of merit recruitment and selection in the department of employment relations administration shall provide guidelines for the administration of this selection procedure.

SB44-SSA1, s. 2490 Section 2490. 301.16 (1r) of the statutes is amended to read:

SB44-SSA1,928,15 301.16 (1r) In addition to the institutions under sub. (1), the department shall establish a medium security correctional institution for persons 15 years of age or over, but not more than 21 24 years of age, who have been placed in a state prison under s. 302.01. The medium security correctional institution under this subsection shall be known as the Racine Youthful Offender Correctional Facility and shall be located at the intersection of Albert Street and North Memorial Drive in the city of Racine. The department shall limit the number of prisoners who may be placed at the Racine Youthful Offender Correctional Facility to no more than 400 450 at any one time.

SB44-SSA1, s. 2490d Section 2490d. 301.16 (1v) of the statutes is amended to read:

SB44-SSA1,928,21 301.16 (1v) In addition to the institutions under sub. (1), the department shall establish a medium minimum security correctional institution in Chippewa Falls. The department shall designate 50 beds at this correctional institution for programming for offenders in prison as an alternative to the revocation of probation, extended supervision, or parole.

SB44-SSA1, s. 2491g Section 2491g. 301.215 of the statutes is created to read:

SB44-SSA1,929,2 301.215 Contracts with counties. (1) During any period that the department contracts with a private person under s. 301.21 (2m) for the transfer and confinement in another state of prisoners who have been committed to the custody of the department, the department shall do all of the following:

SB44-SSA1,929,4 (a) By July 1 annually, accept proposals submitted from county sheriffs to place prisoners who have been committed to the custody of the department in county jails.

SB44-SSA1,929,9 (b) By the following October 1, evaluate every proposal submitted under par. (a) and notify each county that submitted a proposal whether, based on criteria that the department establishes, prisoners who have been committed to the custody of the department may be placed in the county's jail under a contract with the department beginning on the following January 1.

SB44-SSA1,929,15 (2) If the department determines under sub. (1) (b) that prisoners may be placed in the county's jail, the department and county shall establish the daily cost to the department of placing the prisoner in the county's jail. Notwithstanding s. 302.27, the daily cost established under this subsection may not exceed the highest daily cost paid by the department to a private person under an existing contract under s. 301.21 (2m).

SB44-SSA1,929,20 (3) If the department and a county enter into a contract for the placement of prisoners who have been committed to the custody of the department in county jails, the department shall give priority to placing prisoners in the county jail before placing any prisoner with a private person outside the state under a contract under s. 301.21 (2m).

SB44-SSA1, s. 2492d Section 2492d. 301.26 (4) (d) 2. of the statutes is amended to read:

SB44-SSA1,930,4 301.26 (4) (d) 2. Beginning on July 1, 2001 2003, and ending on June 30, 2002 2004, the per person daily cost assessment to counties shall be $167.57 $183 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $167.57 $183 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $213 $225 for care in a residential care center for children and youth, $129 $142 for care in a group home for children, $41 $47 for care in a foster home, $81 $88 for care in a treatment foster home, $82.56 $86 for departmental corrective sanctions services, and $21.96 $25 for departmental aftercare services.

SB44-SSA1, s. 2493d Section 2493d. 301.26 (4) (d) 3. of the statutes is amended to read:

SB44-SSA1,930,13 301.26 (4) (d) 3. Beginning on July 1, 2002 2004, and ending on June 30, 2003 2005, the per person daily cost assessment to counties shall be $172.51 $187 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $172.51 $187 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $226 $239 for care in a residential care center for children and youth, $135 $149 for care in a group home for children, $43 $49 for care in a foster home, $85 $92 for care in a treatment foster home, $84.50 $87 for departmental corrective sanctions services, and $22.66 $26 for departmental aftercare services.

SB44-SSA1, s. 2493m Section 2493m. 301.26 (5) of the statutes is created to read:

SB44-SSA1,930,25 301.26 (5) Revenue sufficiency. (a) By September 15, December 15, March 15, and June 15 of each fiscal year, the department of corrections shall submit a report to the joint committee on finance, and by March 15 of each odd-numbered year, the department of corrections shall submit a report to the department of administration, detailing year-to-date revenues and expenditures under the appropriation account under s. 20.410 (3) (hm) and projecting the balance that will remain in that appropriation account on June 30 of that fiscal year. If a report submitted under this paragraph projects a deficit in that appropriation account on June 30 of a fiscal year, the department of corrections shall include in the report a description of the efforts that it is making to reduce operating costs so as to minimize or eliminate that projected deficit.

SB44-SSA1,931,13 (b) 1. If based on a report submitted under par. (a) for March 15 of an odd-numbered year the joint committee on finance projects that there will be a deficit in the appropriation account under s. 20.410 (3) (hm) on June 30 of that year, the joint committee on finance shall ensure that the per person daily cost assessments under sub. (4) (d) 2. and 3. for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), for the next fiscal biennium are sufficient to recoup that projected deficit by adding 50% of that projected deficit to the cost basis used to determine the per person daily cost assessment under sub. (4) (d) 2. for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), for the first year of the next fiscal biennium and by adding 50% of that projected deficit to the cost basis used to determine the per person daily cost assessment under sub. (4) (d) 3. for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), for the 2nd year of the next fiscal biennium.

SB44-SSA1,931,17 2. The secretary of administration shall place in unallotted reserve and use to recoup the projected deficit specified in subd. 1. all moneys generated by the increases in the per person daily cost assessments specified in subd. 1. that result from adding that projected deficit to the cost basis specified in subd. 1.

SB44-SSA1,932,4 (c) If on June 30 of the odd-numbered year of the next fiscal biennium the moneys placed in unallotted reserve under par. (b) 2. exceed the amount of the actual deficit on June 30 of the odd-numbered year of the fiscal biennium in which that deficit was incurred, all moneys in excess of that actual deficit shall be remitted to the counties or transferred to the appropriation account under s. 20.410 (3) (kx) by September 30 of that odd-numbered year. Each county and the department shall receive a proportionate share of the remittance and transfer depending on the total number of days of placement at Type 1 secured correctional facilities, as defined in s. 938.02 (19), for each county and the state. Counties shall use any amounts remitted under this paragraph for the purposes specified in this section. The department shall deposit in the general fund the amounts transferred under this paragraph to the appropriation account under s. 20.410 (3) (kx).

SB44-SSA1, s. 2494 Section 2494. 301.26 (7) (intro.) of the statutes is amended to read:

SB44-SSA1,932,10 301.26 (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, 2001 2003, and ending on June 30, 2003 2005, as provided in this subsection to county departments under ss. 46.215, 46.22 and 46.23 as follows:

SB44-SSA1, s. 2495 Section 2495. 301.26 (7) (a) of the statutes is amended to read:

SB44-SSA1,932,15 301.26 (7) (a) For community youth and family aids under this section, amounts not to exceed $43,615,200 $44,145,100 for the last 6 months of 2001, $87,760,300 for 2002 2003, $88,290,200 for 2004, and $44,145,100 for the first 6 months of 2003 2005.

SB44-SSA1, s. 2496 Section 2496. 301.26 (7) (b) (intro.) of the statutes is amended to read:

SB44-SSA1,932,20 301.26 (7) (b) (intro.) Of the amounts specified in par. (a), the department shall allocate $2,000,000 for the last 6 months of 2001 2003, $4,000,000 for 2002 2004, and $2,000,000 for the first 6 months of 2003 2005 to counties based on each of the following factors weighted equally:

SB44-SSA1, s. 2497d Section 2497d. 301.26 (7) (c) of the statutes is amended to read:

SB44-SSA1,933,4 301.26 (7) (c) Of the amounts specified in par. (a), the department shall allocate $523,300 $1,053,200 for the last 6 months of 2001, $1,576,600 for 2002 2003, $2,106,500 for 2004, and $1,053,300 for the first 6 months of 2003 2005 to counties based on each of the factors specified in par. (b) 1. to 3. weighted equally, except that no county may receive an allocation under this paragraph that is less than 93% nor more than 115% of the amount that the county would have received under this paragraph if the allocation had been distributed only on the basis of the factor specified in par. (b) 3.

SB44-SSA1, s. 2498 Section 2498. 301.26 (7) (e) of the statutes is amended to read:

SB44-SSA1,933,10 301.26 (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 2001 2003, $250,000 for 2002 2004, and $125,000 for the first 6 months of 2003 2005. A county is eligible for payments under this paragraph only if it has a population of not more than 45,000.

SB44-SSA1, s. 2499 Section 2499. 301.26 (7) (h) of the statutes is amended to read:

SB44-SSA1,933,21 301.26 (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 2001 2003, $2,124,800 in 2002 2004, and $1,062,400 in the first 6 months of 2003 2005 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.

SB44-SSA1, s. 2500 Section 2500. 301.26 (8) of the statutes is amended to read:

SB44-SSA1,934,2 301.26 (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 2001 2003, $1,333,400 in 2002 2004, and $666,700 in the first 6 months of 2003 2005 for alcohol and other drug abuse treatment programs.

SB44-SSA1, s. 2501 Section 2501. 302.01 (1) (d) of the statutes is amended to read:

SB44-SSA1,934,5 302.01 (1) (d) The correctional institution at Prairie du Chien authorized under 1997 Wisconsin Act 4, section 4 (1) (a) s. 301.16 (1u).

SB44-SSA1, s. 2502 Section 2502. 302.045 (title) of the statutes is amended to read:

SB44-SSA1,934,8 302.045 (title) Challenge incarceration program for youthful offenders.

SB44-SSA1, s. 2503 Section 2503. 302.045 (1) of the statutes is amended to read:

SB44-SSA1,934,21 302.045 (1) Program. The department shall provide a challenge incarceration program for inmates selected to participate under sub. (2). The program shall provide participants with strenuous physical exercise, manual labor, personal development counseling, substance abuse treatment and education, military drill and ceremony and, counseling, and strenuous physical exercise, for participants who have not attained the age of 30 as of the date on which they begin participating in the program, or age-appropriate strenuous physical exercise, for all other participants, in preparation for release on parole or extended supervision. The department shall design the program to include not less than 50 participants at a time and so that a participant may complete the program in not more than 180 days. The department may restrict participant privileges as necessary to maintain discipline.

SB44-SSA1, s. 2504 Section 2504. 302.045 (2) (b) of the statutes is amended to read:

SB44-SSA1,934,24 302.045 (2) (b) The inmate has not attained the age of 30, 40 as of the date the inmate will begin participating in the program.

SB44-SSA1, s. 2505 Section 2505. 302.05 (3) of the statutes is created to read:

SB44-SSA1,935,2 302.05 (3) (a) In this subsection, "eligible inmate" means an inmate to whom all of the following apply:

SB44-SSA1,935,5 1. The inmate is incarcerated regarding a violation 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.

SB44-SSA1,935,8 2. If the inmate is serving a bifurcated sentence imposed under s. 973.01, the sentencing court decided under par. (e) or s. 973.01 (3g) that the inmate is eligible to participate in the earned release program described in this subsection.

SB44-SSA1,935,15 (b) Except as provided in par. (d), if the department determines that an eligible inmate serving a sentence other than one imposed under s. 973.01 has successfully completed the treatment program described in sub. (1), the parole commission shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served. If the parole commission grants parole under this paragraph, it shall require the parolee to participate in an intensive supervision program for drug abusers as a condition of parole.

SB44-SSA1,935,20 (c) 1. Except as provided in par. (d), if the department determines that an eligible inmate serving the term of confinement in prison portion of a bifurcated sentence imposed under s. 973.01 has successfully completed the treatment program described in sub. (1), the department shall inform the court that sentenced the inmate.

SB44-SSA1,935,24 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 treatment program described in sub. (1), the court shall modify the inmate's bifurcated sentence as follows:

SB44-SSA1,936,4 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.

SB44-SSA1,936,6 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.

SB44-SSA1,936,9 (d) The department may place intensive sanctions program participants in the treatment program described in sub. (1), but pars. (b) and (c) do not apply to those participants.

SB44-SSA1,936,21 (e) If an inmate is serving the term of confinement portion of a bifurcated sentence imposed under s. 973.01, the sentence was imposed before the effective date of this paragraph .... [revisor inserts date], and the inmate satisfies the criteria under par. (a) 1., the inmate may, with the department's approval, petition the sentencing court to determine whether he or she is eligible or ineligible to participate in the earned release program under this subsection during the term of confinement. The inmate shall serve a copy of the petition on the district attorney who prosecuted him or her, and the district attorney may file a written response. The court shall exercise its discretion in granting or denying the inmate's petition but must do so no later than 90 days after the inmate files the petition. If the court determines under this paragraph that the inmate is eligible to participate in the earned release program, the court shall inform the inmate of the provisions of par. (c).

SB44-SSA1, s. 2506 Section 2506. 302.113 (2) of the statutes is amended to read:

SB44-SSA1,937,2 302.113 (2) Except as provided in subs. (3) and (9), an inmate subject to this section is entitled to release to extended supervision after he or she has served the term of confinement in prison portion of the sentence imposed under s. 973.01, as modified by the sentencing court under sub. (9g) or s. 302.045 (3m) (b) 1., 302.05 (3) (c) 2. a., or 973.195 (1r), if applicable.

SB44-SSA1, s. 2507 Section 2507. 303.066 of the statutes is repealed.

SB44-SSA1, s. 2508 Section 2508. 304.06 (1) (b) of the statutes, as affected by 2001 Wisconsin Act 109, is amended to read:

SB44-SSA1,937,20 304.06 (1) (b) Except as provided in s. 961.49 (2), 1999 stats., sub. (1m) or s. 302.045 (3), 302.05 (3) (b), 973.01 (6), or 973.0135, the parole commission may parole an inmate of the Wisconsin state prisons or any felon or any person serving at least one year or more in a county house of correction or a county reforestation camp organized under s. 303.07, when he or she has served 25% of the sentence imposed for the offense, or 6 months, whichever is greater. Except as provided in s. 939.62 (2m) (c) or 973.014 (1) (b) or (c), (1g) or (2), the parole commission may parole an inmate serving a life term when he or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject to extension under s. 302.11 (1q) and (2), if applicable. The person serving the life term shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary may grant special action parole releases under s. 304.02. The department or the parole commission shall not provide any convicted offender or other person sentenced to the department's custody any parole eligibility or evaluation until the person has been confined at least 60 days following sentencing.

SB44-SSA1, s. 2509 Section 2509. 304.073 of the statutes is repealed.

SB44-SSA1, s. 2510 Section 2510. 304.074 (1) of the statutes is repealed.

SB44-SSA1, s. 2511 Section 2511. 304.074 (4) of the statutes is repealed.

SB44-SSA1, s. 2512 Section 2512. 340.01 (7m) of the statutes is amended to read:

SB44-SSA1,938,5 340.01 (7m) "Commercial driver license" means a license issued to a person by this state or another jurisdiction which is in accordance with the requirements of the federal commercial motor vehicle safety act of 1986, 49 USC 31301 to 31317 or by Canada or Mexico, and which authorizes the licensee to operate certain commercial motor vehicles.

SB44-SSA1, s. 2512m Section 2512m. 340.01 (8) (d) of the statutes is amended to read:

SB44-SSA1,938,9 340.01 (8) (d) The vehicle is transporting hazardous materials requiring placarding or any quantity of a material listed as a select agent or toxin under 42 CFR 73.

SB44-SSA1, s. 2513 Section 2513. 340.01 (13m) of the statutes is amended to read:

SB44-SSA1,938,14 340.01 (13m) "Disqualification" means the loss or withdrawal of a person's privilege to operate a commercial motor vehicle relating to certain offenses committed by the person while driving or operating a motor vehicle or while on duty time with respect to a commercial motor vehicle.

SB44-SSA1, s. 2516 Section 2516. 341.25 (1) (a) of the statutes is amended to read:

SB44-SSA1,938,18 341.25 (1) (a) For each automobile, a fee of $45 $55, except that an automobile registered in this state prior to September 1, 1947, at a fee of less than $18 shall be registered at such lesser fee plus an additional fee of $2.

SB44-SSA1, s. 2518 Section 2518. 342.14 (1) of the statutes is amended to read:

SB44-SSA1,938,21 342.14 (1) For filing an application for the first certificate of title, $8.50 $18.50, by the owner of the vehicle.

SB44-SSA1, s. 2519 Section 2519. 342.14 (1r) of the statutes is amended to read: