Amendment ASA1-AB100

AB100-ASA1, s. 2210m Section 2210m. 301.26 (5) of the statutes is created to read:

AB100-ASA1,843,10 301.26 (5) Revenue sufficiency. (a) Before the close of each odd-numbered fiscal year, the department of corrections shall project the balance that will remain in the appropriation account under s. 20.410 (3) (hm) on June 30 of that fiscal year and provide that information to the department of administration.

AB100-ASA1,843,22 (b) 1. If the department of corrections projects under par. (a) that there will be a deficit in the appropriation account under s. 20.410 (3) (hm) on June 30 of an odd-numbered year, the department of administration shall include the amount of that projected deficit in the cost basis used to calculate 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 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.

AB100-ASA1,844,2 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.

AB100-ASA1,844,15 (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 during that next fiscal biennium. 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).

AB100-ASA1, s. 2211 Section 2211. 301.26 (7) (intro.) of the statutes is amended to read:

AB100-ASA1,844,21 301.26 (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, 2003 2005, and ending on June 30, 2005 2007, as provided in this subsection to county departments under ss. 46.215, 46.22, and 46.23 as follows:

AB100-ASA1, s. 2212 Section 2212. 301.26 (7) (a) of the statutes is amended to read:

AB100-ASA1,844,25 301.26 (7) (a) For community youth and family aids under this section, amounts not to exceed $44,145,100 for the last 6 months of 2003 2005, $88,290,200 for 2004 2006, and $44,145,100 for the first 6 months of 2005 2007.

AB100-ASA1, s. 2213 Section 2213. 301.26 (7) (b) (intro.) of the statutes is amended to read:

AB100-ASA1,845,5 301.26 (7) (b) (intro.) Of the amounts specified in par. (a), the department shall allocate $2,000,000 for the last 6 months of 2003 2005, $4,000,000 for 2004 2006, and $2,000,000 for the first 6 months of 2005 2007 to counties based on each of the following factors weighted equally:

AB100-ASA1, s. 2214 Section 2214. 301.26 (7) (c) of the statutes is amended to read:

AB100-ASA1,845,13 301.26 (7) (c) Of the amounts specified in par. (a), the department shall allocate $1,053,200 for the last 6 months of 2003 2005, $2,106,500 for 2004 2006, and $1,053,300 for the first 6 months of 2005 2007 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.

AB100-ASA1, s. 2215 Section 2215. 301.26 (7) (e) of the statutes is amended to read:

AB100-ASA1,845,19 301.26 (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 2003 2005, $250,000 for 2004 2006, and $125,000 for the first 6 months of 2005 2007. A county is eligible for payments under this paragraph only if it has a population of not more than 45,000.

AB100-ASA1, s. 2216 Section 2216. 301.26 (7) (h) of the statutes is amended to read:

AB100-ASA1,846,5 301.26 (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 2003 2005, $2,124,800 in 2004 2006, and $1,062,400 in the first 6 months of 2005 2007 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.

AB100-ASA1, s. 2217 Section 2217. 301.26 (8) of the statutes is amended to read:

AB100-ASA1,846,10 301.26 (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 2003 2005, $1,333,400 in 2004 2006, and $666,700 in the first 6 months of 2005 2007 for alcohol and other drug abuse treatment programs.

AB100-ASA1, s. 2221g Section 2221g. 301.265 (title) of the statutes is created to read:

AB100-ASA1,846,12 301.265 (title) Diversion of youth from gang activities.

AB100-ASA1, s. 2221m Section 2221m. 301.289 of the statutes is created to read:

AB100-ASA1,846,17 301.289 Unit supervisor positions. The department may not employ a unit supervisor or a person having comparable duties to supervise correctional institution security staff unless the person directly reports to the institution's security director.

AB100-ASA1, s. 2222 Section 2222. 301.32 (1) of the statutes is amended to read:

AB100-ASA1,847,13 301.32 (1) Property delivered to warden or superintendent; credit and debit. All money and other property delivered to an employee of any state correctional institution for the benefit of a prisoner or resident shall be delivered to the warden or superintendent, who shall enter the property upon his or her accounts to the credit of the prisoner or resident. The property may be used only under the direction and with the approval of the superintendent or warden and for the crime victim and witness assistance surcharge under s. 973.045 (4), the delinquency victim and witness assistance surcharge under s. 938.34 (8d) (c), the deoxyribonucleic acid analysis surcharge under s. 973.046, the drug offender diversion surcharge under s. 973.043, or the benefit of the prisoner or resident. If the money remains uncalled for for one year after the prisoner's or resident's death or departure from the state correctional institution, the superintendent shall deposit it in the general fund. If any prisoner or resident leaves property, other than money, uncalled for at a state correctional institution for one year, the superintendent shall sell the property and deposit the proceeds in the general fund, donate the property to a public agency or private, nonprofit organization or destroy the property. If any person satisfies the department, within 5 years after the deposit, of his or her right to the deposit, the department shall direct the department of administration to draw its warrant in favor of the claimant and it shall charge the same to the appropriation made by s. 20.913 (3) (bm).

AB100-ASA1, s. 2223 Section 2223. 301.45 (10) of the statutes is created to read:

AB100-ASA1,847,19 301.45 (10) The department may require a person who must register as a sex offender and who is in its custody or on probation, parole, or extended supervision to pay an annual fee to partially offset its costs in monitoring persons on probation, parole, or extended supervision. The department shall establish any such fee by rule, but the fee may not exceed $50.

AB100-ASA1, s. 2225 Section 2225. 302.04 of the statutes is amended to read:

AB100-ASA1,848,2 302.04 Duties of warden and superintendents. The Except as provided in s. 16.848, the warden or the superintendent of each state prison shall have charge and custody of the prison and all lands, belongings, furniture, implements, stock and provisions and every other species of property within the same or pertaining thereto. The warden or superintendent shall enforce the regulations rules of the department for the administration of the prison and for the government of its officers and the discipline of its inmates.

AB100-ASA1, s. 2226m Section 2226m. 302.05 (1) of the statutes is renumbered 302.05 (1) (a).

AB100-ASA1, s. 2227m Section 2227m. 302.05 (1) (c) of the statutes is created to read:

AB100-ASA1,848,7 302.05 (1) (c) The Robert E. Ellsworth Correctional Center shall provide a substance abuse treatment program for inmates for the purposes of the earned release program described in sub. (3).

AB100-ASA1, s. 2228 Section 2228. 302.05 (3) (b) of the statutes is amended to read:

AB100-ASA1,848,15 302.05 (3) (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 a 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.

AB100-ASA1, s. 2229 Section 2229. 302.05 (3) (c) 1. of the statutes is amended to read:

AB100-ASA1,848,21 302.05 (3) (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 a treatment program described in sub. (1), the department shall inform the court that sentenced the inmate.

AB100-ASA1, s. 2230 Section 2230. 302.05 (3) (c) 2. (intro.) of the statutes is amended to read:

AB100-ASA1,849,2 302.05 (3) (c) 2. (intro.) Upon being informed by the department under subd. 1. that an inmate whom the court sentenced under s. 973.01 has successfully completed the a treatment program described in sub. (1), the court shall modify the inmate's bifurcated sentence as follows:

AB100-ASA1, s. 2231 Section 2231. 302.05 (3) (d) of the statutes is amended to read:

AB100-ASA1,849,6 302.05 (3) (d) The department may place intensive sanctions program participants in the a treatment program described in sub. (1), but pars. (b) and (c) do not apply to those participants.

AB100-ASA1, s. 2232 Section 2232. 302.12 (2) of the statutes is amended to read:

AB100-ASA1,849,15 302.12 (2) Money accruing under this section remains under the control of the department, to be used for the crime victim and witness assistance surcharge under s. 973.045 (4), the deoxyribonucleic acid analysis surcharge under s. 973.046, the drug offender diversion surcharge under s. 973.043, and the benefit of the inmate or the inmate's family or dependents, under rules promulgated by the department as to time, manner and amount of disbursements. The rules shall provide that the money be used for the reasonable support of the inmate's family or dependents before it is allocated for the drug offender diversion surcharge.

AB100-ASA1, s. 2233 Section 2233. 302.13 of the statutes is amended to read:

AB100-ASA1,849,22 302.13 Preservation of property an inmate brings to prison. The department shall preserve money and effects, except clothes, in the possession of an inmate when admitted to the prison and, subject to the crime victim and witness assistance surcharge under s. 973.045 (4) and, the deoxyribonucleic acid analysis surcharge under s. 973.046, and the drug offender diversion surcharge under s. 973.043, shall restore the money and effects to the inmate when discharged.

AB100-ASA1, s. 2233m Section 2233m. 302.43 of the statutes is amended to read:

AB100-ASA1,850,13 302.43 Good time. Every inmate of a county jail is eligible to earn good time in the amount of one-fourth of his or her term for good behavior if sentenced to at least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects or refuses to perform any duty lawfully required of him or her, may be deprived by the sheriff of good time under this section, except that the sheriff shall not deprive the inmate of more than 2 days good time for any one offense without the approval of the court. An inmate who files an action or special proceeding, including a petition for a common law writ of certiorari, to which s. 807.15 applies shall be deprived of the number of days of good time specified in the court order prepared under s. 807.15 (3). This section does not apply to a person who is confined in the county jail in connection with his or her participation in a substance abuse treatment program that meets the requirements of s. 16.964 (12) (c), as determined by the office of justice assistance under s. 16.964 (12) (j).

AB100-ASA1, s. 2235 Section 2235. 303.01 (8) (b) of the statutes is amended to read:

AB100-ASA1,850,25 303.01 (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. The department may also distribute earnings for the drug offender diversion surcharge under s. 973.043, but only if the inmate or resident has first provided for the reasonable support of his or her dependents.

AB100-ASA1, s. 2236m Section 2236m. 303.01 (8) (c) 8. of the statutes is created to read:

AB100-ASA1,851,3 303.01 (8) (c) 8. Payment of the drug offender diversion surcharge under s. 973.043.

AB100-ASA1, s. 2239m Section 2239m. 303.015 (1) (e) of the statutes is amended to read:

AB100-ASA1,851,11 303.015 (1) (e) The board shall review and either approve or deny a proposal under s. 303.06 (5) to offer for sale in the open market a product or type of product manufactured in whole or in part by inmates as part of a hobby-craft program or vocational training. Once the board has approved the sale of a particular product or type of product under this paragraph, the product or type of product may be offered for sale by any tax-supported or nonprofit agency under s. 303.06 (5) without further approval by the board under this paragraph.

AB100-ASA1, s. 2240g Section 2240g. 303.06 (5) of the statutes is amended to read:

AB100-ASA1,851,18 303.06 (5) A tax-supported institution or a nonprofit agency may offer for sale in the open market products manufactured in whole or in part by inmates in a state penal institution as part of a hobby-craft program or vocational training if the purpose of the sale is to support the institution's or agency's mission or is for some other charitable purpose and if the sale of that product or type of product has been approved by the prison industries board under s. 303.015 (1) (e).

AB100-ASA1, s. 2240r Section 2240r. 303.06 (6) of the statutes is created to read:

AB100-ASA1,851,22 303.06 (6) The department may sell, in the open market, products produced in whole or in part by inmates in a state penal institution if the products are produced as part of a technical college course provided to inmates.

AB100-ASA1, s. 2241m Section 2241m. 303.065 (5) (cm) of the statutes is created to read:

AB100-ASA1,851,25 303.065 (5) (cm) Payment of the drug offender diversion surcharge under s. 973.043.

AB100-ASA1, s. 2243 Section 2243. 341.09 (2m) (a) 1., 2. and 3. and (d) of the statutes are amended to read:

AB100-ASA1,852,6 341.09 (2m) (a) 1. Upon request by a dealer licensed in this state, the department may issue any number of temporary operation plates and temporary permits to a dealer under sub. (2) at a fee of $3 per plate item. The dealer may issue the temporary operation plate or permit at a fee of $3 to any of the following:

AB100-ASA1,852,17 2. Notwithstanding subd. 1., the department shall issue a sufficient number of temporary operation plates and temporary permits without charge to each dealer licensed in this state for issuance under this subdivision. Each dealer shall issue a temporary operation plate or a temporary permit without charge to any state resident who purchases or leases from the dealer an automobile or motor truck having a registered weight of 8,000 pounds or less, for use on such vehicle if the state resident submits to the dealer a complete application for registration of the vehicle, including evidence of inspection under s. 110.20 when required, and for a new certificate of title for a purchased vehicle, together with a check or money order made payable to the department for all applicable title, registration, security interest and sales tax moneys, for transmittal to the department by the dealer.

AB100-ASA1,852,19 3. The department shall prescribe the manner in which a dealer shall keep records of temporary operation plates and temporary permits issued by the dealer.

AB100-ASA1,853,3 (d) If the department determines that a dealer has misused plates or permits issued under this subsection or sub. (4) or has failed to comply with the requirements of this section or rules issued under this section, the department may order the dealer to return all temporary operation plates and permits in the dealer's possession. Within 30 days after the issuance of the order, the dealer may request a hearing before the division of hearings and appeals. The division of hearings and appeals shall schedule a hearing with reasonable promptness. The dealer may not issue any temporary operation plates or permits until after the division of hearings and appeals holds its scheduled hearing and issues its findings.

AB100-ASA1, s. 2244 Section 2244. 341.09 (9) of the statutes is amended to read:

AB100-ASA1,853,12 341.09 (9) Notwithstanding any other provision of this section, the department shall issue a temporary operation plate or a temporary permit without charge for an automobile or motor truck having a registered weight of 8,000 pounds or less upon receipt of a complete application accompanied by the required fee for registration of the vehicle, including evidence of any inspection under s. 110.20 when required, if the department does not immediately issue the regular registration plates for the vehicle and the department determines that the applicant has not otherwise been issued a temporary operation plate or a temporary permit under this section.

AB100-ASA1, s. 2244f Section 2244f. 341.135 (1) of the statutes is amended to read:

AB100-ASA1,854,5 341.135 (1) Design. Every 7th 10th year, the department shall establish new designs of registration plates to be issued under ss. 341.14 (1a), (1m), (1q), (2), (2m), (6m), and (6r), 341.25 (1) (a), (c), (h), and (j) and (2) (a), (b), and (c), and 341.26 (2) and (3) (a) 1. and (am). Any design for registration plates issued for automobiles and for vehicles registered on the basis of gross weight shall comply with the applicable design requirements of ss. 341.12 (3), 341.13, and 341.14 (6r) (c). The designs for registration plates specified in this subsection shall be as similar in appearance as practicable during each 7-year 10-year design interval. Except as provided in s. 341.13 (2r), each registration plate issued under s. 341.14 (1a), (1m), (1q), (2), (2m), (6m), or (6r), 341.25 (1) (a), (c), (h), or (j) or (2) (a), (b), or (c), or 341.26 (2) or (3) (a) 1. or (am) during each 7-year 10-year design interval shall be of the design established under this subsection. The department may not redesign registration plates for the special groups under s. 341.14 (6r) (f) 53., 54., or 55. until July 1, 2007 2010. Except for registration plates issued under s. 341.14 (6r) (f) 53., 54., or 55., the first design cycle for registration plates issued under ss. 341.14 (1a), (1m), (1q), (2), (2m), (6m), and (6r), 341.25 (1) (a), (c), (h), and (j) and (2) (a), (b), and (c), and 341.26 (2) and (3) (a) 1. and (am) began July 1, 2000.

AB100-ASA1, s. 2244k Section 2244k. 341.135 (2) (a) 2. of the statutes is amended to read:

AB100-ASA1,854,14 341.135 (2) (a) 2. Notwithstanding s. 341.13 (3), beginning with registrations initially effective on July 1, 2007 2010, upon receipt of a completed application to initially register a vehicle under s. 341.14 (1a), (1m), (1q), (2), (2m), (6m), or (6r), or s. 341.25 (1) (a), (c), (h), or (j) or (2) (a), (b), or (c) or 341.26 (2) or (3) (a) 1. or (am), or to renew the registration of a vehicle under those sections for which a registration plate has not been issued during the previous 7 10 years, the department shall issue and deliver prepaid to the applicant 2 new registration plates of the design established for that 7-year 10-year period under sub. (1).

AB100-ASA1, s. 2244o Section 2244o. 341.135 (2) (am) of the statutes is amended to read:

AB100-ASA1,854,24 341.135 (2) (am) Notwithstanding s. 341.13 (3) and (3m), beginning with registrations initially effective on July 1, 2000, upon receipt of a completed application to renew the registration of a vehicle registered under s. 341.14 (1a), (1m), (1q), (2), (2m), (6m), or (6r), except s. 341.14 (6r) (f) 53., 54., or 55., or s. 341.25 (1) (a), (c), (h), or (j) or (2) (a), (b), or (c) for which a registration plate of the design established under sub. (1) has not been issued, the department may issue and deliver prepaid to the applicant 2 new registration plates of the design established under sub. (1). This paragraph does not apply to registration plates issued under s. 341.14 (6r) (f) 52., 1997 stats. This paragraph does not apply after June 30, 2007 2010.

AB100-ASA1, s. 2244r Section 2244r. 341.135 (2) (e) of the statutes is amended to read:

AB100-ASA1,855,4 341.135 (2) (e) The department shall issue new registration plates of the design established under sub. (1) for every vehicle registered under s. 341.14 (1a), (1m), (1q), (2), (2m), (6m), or (6r), 341.25 (1) (a), (c), (h), or (j) or (2) (a), (b), or (c), or 341.26 (2) or (3) (a) 1. or (am) after July 1, 2007 2010.

AB100-ASA1, s. 2245m Section 2245m. 341.135 (2m) of the statutes is created to read:

AB100-ASA1,855,7 341.135 (2m) Applicability. This section does not apply to special group plates under s. 341.14 (6r) (f) 19m.

AB100-ASA1, s. 2245n Section 2245n. 341.14 (6r) (a) of the statutes is renumbered 341.14 (6r) (a) (intro.) and amended to read:

AB100-ASA1,855,10 341.14 (6r) (a) (intro.) In this subsection and s. 341.145 (1) (c), "authorized:

AB100-ASA1,855,12 1. "Authorized special group" means a special group enumerated in par. (f) or designated by the department under par. (fm).

AB100-ASA1, s. 2245o Section 2245o. 341.14 (6r) (a) 2. of the statutes is created to read:

AB100-ASA1,855,16 341.14 (6r) (a) 2. "Immediate family member" means a spouse, grandparent, parent, sibling, child, stepchild, stepparent, or grandchild, or the spouse of a grandparent, parent, sibling, child, stepchild, stepparent, or grandchild.

AB100-ASA1, s. 2245om Section 2245om. 341.14 (6r) (b) 2. of the statutes is amended to read:

AB100-ASA1,855,21 341.14 (6r) (b) 2. An additional fee of $15 shall be charged for the issuance or reissuance of the plates for special groups specified under par. (f) , except that no additional fee may be charged under this subdivision for the issuance or reissuance of the plates for special groups specified under par. (f) 1. to 32., 49., 49m., 51., or 56.

AB100-ASA1, s. 2246 Section 2246. 341.14 (6r) (b) 9. of the statutes is created to read:

AB100-ASA1,856,2 341.14 (6r) (b) 9. A fee of $15 shall be charged for the issuance or reissuance of a plate for a special group specified under par. (f) 1. to 19., 20. to 32., 49., 49m., 51., or 56. All moneys received under this subdivision in excess of the initial costs of production of the special group plate under par. (f) 56. or $27,600, whichever is less, shall be deposited in the veterans trust fund.

AB100-ASA1, s. 2246m Section 2246m. 341.14 (6r) (d) of the statutes is renumbered 341.14 (6r) (d) 1. and amended to read:

AB100-ASA1,856,11 341.14 (6r) (d) 1. The Subject to subd. 2., the department shall specify the word or words comprising the special group name and the symbol to be displayed upon special group plates for a group associated with a branch of the armed services or a related organization after consultation with the appropriate state or federal representative of that service or organization. Special group plates for a group associated with a branch of the armed services or a related organization shall be colored red, white and blue.

AB100-ASA1, s. 2246n Section 2246n. 341.14 (6r) (d) 2. of the statutes is created to read:

AB100-ASA1,856,18 341.14 (6r) (d) 2. Special group plates under par. (f) 19m. shall display a gold star flag. The department shall consult the Brian LaViolette Scholarship Foundation, Inc., in designing the special group plates under par. (f) 19m., and the department may not specify a design for the special group plates under par. (f) 19m. unless the design is approved in writing by the department of veterans affairs and by the Brian LaViolette Scholarship Foundation, Inc.