SB40-ASA1,1361,209
(b) 1. If the department of corrections projects under par. (a) that there will be
10a deficit in the appropriation account under s. 20.410 (3) (hm) on June 30 of an
11odd-numbered year, the department of administration shall include the amount of
12that projected deficit in the cost basis used to calculate the per person daily cost
13assessments under sub. (4) (d) 2. and 3. for care in a Type 1 juvenile correctional
14facility, as defined in s. 938.02 (19), for the next fiscal biennium by adding 50 percent
15of that projected deficit to the cost basis used to determine the per person daily cost
16assessment under sub. (4) (d) 2. for care in a Type 1 juvenile correctional facility for
17the first year of the next fiscal biennium and by adding 50 percent of that projected
18deficit to the cost basis used to determine the per person daily cost assessment under
19sub. (4) (d) 3. for care in a Type 1 juvenile correctional facility for the 2nd year of the
20next fiscal biennium.
SB40-ASA1,1361,2421
2. The secretary of administration shall use to recoup the projected deficit
22specified in subd. 1. all moneys generated by the increases in the per person daily cost
23assessments specified in subd. 1. that result from adding that projected deficit to the
24cost basis specified in subd. 1.
SB40-ASA1,1362,12
1(c) If on June 30 of the odd-numbered year of the next fiscal biennium the
2moneys described in par. (b) 2. exceed the amount of the actual deficit on June 30 of
3the odd-numbered year of the fiscal biennium in which that deficit was incurred, all
4moneys in excess of that actual deficit shall be remitted to the counties or transferred
5to the appropriation account under s. 20.410 (3) (kx) by September 30 of that
6odd-numbered year. Each county and the department shall receive a proportionate
7share of the remittance and transfer depending on the total number of days of
8placement at Type 1 juvenile correctional facilities, as defined in s. 938.02 (19), for
9each county and the state during that next fiscal biennium. Counties shall use any
10amounts remitted under this paragraph for the purposes specified in this section.
11The department shall deposit in the general fund the amounts transferred under this
12paragraph to the appropriation account under s. 20.410 (3) (kx).
SB40-ASA1,1362,1714
301.26
(6) (a) The intent of this subsection is to develop criteria to assist the
15legislature in allocating funding, excluding funding for base allocations, from the
16appropriations under s. 20.410 (3) (cd)
and, (ko)
, and (r) for purposes described in this
17section.
SB40-ASA1, s. 2567
18Section
2567. 301.26 (7) (intro.) of the statutes is amended to read:
SB40-ASA1,1362,2419
301.26
(7) Allocations of funds. (intro.) Within the limits of the availability
20of federal funds and of the appropriations under s. 20.410 (3) (cd)
and, (ko)
, and (r),
21the department shall allocate funds for community youth and family aids for the
22period beginning on July 1,
2005 2007, and ending on June 30,
2007 2009, as
23provided in this subsection to county departments under ss. 46.215, 46.22, and 46.23
24as follows:
SB40-ASA1,1363,4
1301.26
(7) (a) For community youth and family aids under this section,
2amounts not to exceed
$44,145,100 $50,345,100 for the last 6 months of
2005,
3$88,290,200 for 2006, and $44,145,100 2007, $101,690,200 for 2008, and $51,345,100 4for the first 6 months of
2007 2009.
SB40-ASA1, s. 2569
5Section
2569. 301.26 (7) (b) (intro.) of the statutes is amended to read:
SB40-ASA1,1363,96
301.26
(7) (b) (intro.) Of the amounts specified in par. (a), the department shall
7allocate $2,000,000 for the last 6 months of
2005
2007, $4,000,000 for
2006 2008, and
8$2,000,000 for the first 6 months of
2007 2009 to counties based on each of the
9following factors weighted equally:
SB40-ASA1,1363,1511
301.26
(7) (bm) Of the amounts specified in par. (a), the department shall
12allocate $2,500,000 for the last 6 months of 2007, $5,000,000 for 2008, and $2,500,000
13for the first 6 months of 2009 to counties based on each county's proportion of the
14number of juveniles statewide who are placed in a juvenile correctional facility
15during the most recent 3-year period for which that information is available.
SB40-ASA1,1363,2317
301.26
(7) (c) Of the amounts specified in par. (a), the department shall allocate
18$1,053,200 for the last 6 months of
2005 2007, $2,106,500 for
2006 2008, and
19$1,053,300 for the first 6 months of
2007 2009 to counties based on each of the factors
20specified in par. (b) 1. to 3. weighted equally, except that no county may receive an
21allocation under this paragraph that is less than 93% nor more than 115% of the
22amount that the county would have received under this paragraph if the allocation
23had been distributed only on the basis of the factor specified in par. (b) 3.
SB40-ASA1,1364,5
1301.26
(7) (cm) The department shall allocate the amounts specified in par. (a)
2that are derived from the appropriation under s. 20.410 (3) (r) to counties based on
3each county's proportion of the number of juveniles statewide who are placed in a
4juvenile correctional facility during the most recent 3-year period for which that
5information is available.
SB40-ASA1,1364,117
301.26
(7) (e) For emergencies related to community youth and family aids
8under this section, amounts not to exceed $125,000 for the last 6 months of
2005 92007, $250,000 for
2006 2008, and $125,000 for the first 6 months of
2007
2009. A
10county is eligible for payments under this paragraph only if it has a population of not
11more than 45,000.
SB40-ASA1,1364,2213
301.26
(7) (h) For counties that are participating in the corrective sanctions
14program under s. 938.533 (2), $1,062,400 in the last 6 months of
2005 2007,
15$2,124,800 in
2006 2008, and $1,062,400 in the first 6 months of
2007 2009 for the
16provision of corrective sanctions services for juveniles from that county. In
17distributing funds to counties under this paragraph, the department shall determine
18a county's distribution by dividing the amount allocated under this paragraph by the
19number of slots authorized for the program under s. 938.533 (2) and multiplying the
20quotient by the number of slots allocated to that county by agreement between the
21department and the county. The department may transfer funds among counties as
22necessary to distribute funds based on the number of slots allocated to each county.
SB40-ASA1,1365,224
301.26
(8) Alcohol and other drug abuse treatment. From the amount of the
25allocations specified in sub. (7) (a), the department shall allocate $666,700 in the last
16 months of
2005 2007, $1,333,400 in
2006 2008, and $666,700 in the first 6 months
2of
2007 2009 for alcohol and other drug abuse treatment programs.
SB40-ASA1, s. 2577
4Section
2577. 301.265 (1) of the statutes is renumbered 16.964 (8) (a) and
5amended to read:
SB40-ASA1,1365,136
16.964
(8) (a) From the appropriations under s.
20.410 (3) 20.505 (6) (d) and
7(kj), the
department office shall allocate $500,000 in each fiscal year to enter into a
8contract with an organization to provide services in a county having a population of
9500,000 or more for the diversion of youths from gang activities into productive
10activities, including placement in appropriate educational, recreational, and
11employment programs. Notwithstanding s. 16.75, the
department office may enter
12into a contract under this
subsection paragraph without soliciting bids or proposals
13and without accepting the lowest responsible bid or offer.
SB40-ASA1, s. 2578
14Section
2578. 301.265 (2) of the statutes is renumbered 16.964 (8) (b) and
15amended to read:
SB40-ASA1,1365,2016
16.964
(8) (b) From the appropriation under s.
20.410 (3) (ky) 20.505 (6) (km),
17the
department office may not distribute more than $300,000 in each fiscal year to
18the organization that it has contracted with under
sub. (1) par. (a) for alcohol and
19other drug abuse education and treatment services for participants in that
20organization's youth diversion program.
SB40-ASA1, s. 2579
21Section
2579. 301.265 (3) of the statutes is renumbered 16.964 (8) (c) and
22amended to read:
SB40-ASA1,1366,1723
16.964
(8) (c) From the appropriations under s.
20.410 (3) 20.505 (6) (d) and (kj),
24the
department office shall allocate $150,000 in each fiscal year to enter into a
25contract with an organization to provide services in Racine County, $150,000 in each
1fiscal year to enter into a contract with an organization to provide services in
2Kenosha County, $150,000 in each fiscal year to enter into a contract with an
3organization that is located in ward
1 2 in the city of Racine to provide services in
4Racine County, and $150,000 in each fiscal year to enter into a contract with an
5organization to provide services in Brown County, and from the appropriation under
6s.
20.410 (3) 20.505 (6) (kj), the department shall allocate $100,000 in each fiscal year
7to enter into a contract with an organization, for the diversion of youths from gang
8activities into productive activities, including placement in appropriate educational,
9recreational, and employment programs, and for alcohol or other drug abuse
10education and treatment services for participants in that organization's youth
11diversion program. The organization that is located in ward
1 2 in the city of Racine
12shall have a recreational facility, shall offer programs to divert youths from gang
13activities, may not be affiliated with any national or state association, and may not
14have entered into a contract under s. 301.265 (3), 1995 stats. Notwithstanding s.
1516.75, the
department office may enter into a contract under this
subsection 16paragraph without soliciting bids or proposals and without accepting the lowest
17responsible bid or offer.
SB40-ASA1,1367,2
19301.286 State identification upon release from prison. Before an
20individual is released from prison upon completion of his or her sentence or to parole
21or extended supervision, the department shall determine if the individual has an
22operator's license or a state identification card under ch. 343. If the individual has
23neither, the department shall assist the individual in applying for a state
24identification card under s. 343.50. The department shall determine if the individual
25is able to pay all or a portion of the fee under s. 343.50 (5) from the individual's
1general fund account. The department shall pay any portion of the fee the individual
2is unable to pay from the individual's general fund account.
SB40-ASA1,1367,114
301.37
(1) The department shall fix reasonable standards and regulations for
5the design, construction, repair, and maintenance of all houses of correction,
6reforestation camps maintained under s. 303.07, jails, as defined in s. 302.30,
7extensions of jails under s. 59.54 (14) (g), rehabilitation facilities under s. 59.53 (8),
8lockup facilities, as defined in s. 302.30, work camps under s. 303.10, Huber facilities
9under s. 303.09, and, after consulting with the department of
health and family
10services children and families, all juvenile detention facilities, with respect to their
11adequacy and fitness for the needs which they are to serve.
SB40-ASA1,1367,2013
301.45
(7) (a) The department shall maintain information provided under sub.
14(2). The department shall keep the information confidential except as provided in
15ss. 301.03 (14) and 301.46, except as needed for law enforcement purposes and except
16to provide, in response to a request for information under s. 49.22 (2m) made by the
17department of
workforce development children and families or a county child
18support agency under s. 59.53 (5), the name and address of an individual registered
19under this section, the name and address of the individual's employer and financial
20information related to the individual.
SB40-ASA1,1367,2522
301.45
(9) Cooperation. The department of health and family services, the
23department of
workforce development children and families, the department of
24transportation and all circuit courts shall cooperate with the department of
25corrections in obtaining information under this section.
SB40-ASA1,1368,62
301.45
(10) The department may require a person who must register as a sex
3offender
and who is in its custody or on probation, parole, or extended supervision 4to pay an annual fee to partially offset its costs in monitoring persons
on probation,
5parole, or extended supervision who must register as sex offenders. The department
6shall establish any such fee by rule, but the fee may not exceed $50.
SB40-ASA1,1368,208
301.46
(2m) (am) If an agency with jurisdiction confines a person under s.
9301.046, provides a person entering the intensive sanctions program under s.
10301.048 with a sanction other than a placement in a Type 1 prison or a jail, or releases
11a person from confinement in a state correctional institution or institutional care,
12and the person has been found to be a sexually violent person under ch. 980 or has,
13on 2 or more separate occasions, been convicted or found not guilty or not responsible
14by reason of mental disease or defect for a sex offense or for a violation of a law of this
15state that is comparable to a sex offense, the agency with jurisdiction shall notify the
16police chief of any community and the sheriff of any county in which the person will
17be residing, employed or attending school
and through or to which the person will be
18regularly traveling. Notification under this paragraph shall be in addition to
19providing access to information under sub. (2) and to any other notification that an
20agency with jurisdiction is authorized to provide.
SB40-ASA1, s. 2584
21Section
2584. 301.46 (4) (a) 10m. of the statutes is created to read:
SB40-ASA1,1368,2222
301.46
(4) (a) 10m. The department children and families.
SB40-ASA1, s. 3134m
23Section 3134m. 301.48 (1) (cm) and (cn) of the statutes are created to read:
SB40-ASA1,1368,2524
301.48
(1) (cm) "Level 1 child sex offense" means a violation of s. 948.02 or
25948.025 in which any of the following occurs:
SB40-ASA1,1369,3
11. The actor has sexual contact or sexual intercourse with an individual who
2is not a relative of the actor and who has not attained the age of 13 years and causes
3great bodily harm, as defined in s. 939.22 (14), to the individual.
SB40-ASA1,1369,54
2. The actor has sexual intercourse with an individual who is not a relative of
5the actor and who has not attained the age of 12 years.
SB40-ASA1,1369,76
(cn) "Level 2 child sex offense" means a violation of s. 948.02 or 948.025 in which
7any of the following occurs:
SB40-ASA1,1369,108
1. The actor has sexual intercourse, by use or threat of force or violence, with
9an individual who is not a relative of the actor and who has not attained the age of
1016 years.
SB40-ASA1,1369,1311
2. The actor has sexual contact, by use or threat of force or violence, with an
12individual who has not attained the age of 16 years and who is not a relative of the
13actor, and the actor is at least 18 years of age when the sexual contact occurs.
SB40-ASA1,1369,2016
301.48
(1) (d) "Lifetime tracking" means global positioning system tracking
17that is required for a person for the remainder of the person's life or until terminated
18under sub. (2m), sub. (6), if applicable, or sub. (7) or
(8) (7m). "Lifetime tracking" does
19not include global positioning system tracking under sub. (2)
(c) or (d), regardless of
20how long it is required.
SB40-ASA1,1369,2422
301.48
(1) (dr) "Relative" means a son, daughter, brother, sister, first cousin,
232nd cousin, nephew, niece, grandchild, or great grandchild, or any other person
24related by blood, marriage, or adoption.
SB40-ASA1,1370,43
301.48
(1) (e) "Serious child sex offense" means a level 1 child sex offense or a
4level 2 child sex offense.
SB40-ASA1,1370,66
301.48
(1) (fm) "Sexual contact" has the meaning given in s. 948.01 (5).
SB40-ASA1,1370,119
301.48
(2) (a) (intro.) Except as provided in sub. (2m), the department shall
10maintain lifetime tracking of a person if any of the following occurs with respect to
11the person on or after
July 1, 2007 January 1, 2008:
SB40-ASA1,1370,1514
301.48
(2) (a) 1. A court places the person on probation for committing a
serious 15level 1 child sex offense.
SB40-ASA1,1370,1917
301.48
(2) (a) 1m. The person is convicted for committing a level 2 child sex
18offense and the court places the person on probation for committing the level 2 child
19sex offense.
SB40-ASA1,1370,2422
301.48
(2) (a) 2. The department releases the person to extended supervision
23or parole while the person is serving a sentence for committing a
serious level 1 child
24sex offense.
SB40-ASA1,1371,3
1301.48
(2) (a) 2m. The person is convicted for committing a level 2 child sex
2offense and the department releases the person to extended supervision or parole
3while the person is serving the sentence for committing the level 2 child sex offense.
SB40-ASA1,1371,76
301.48
(2) (a) 3. The department releases the person from prison upon the
7completion of a sentence imposed for a
serious level 1 child sex offense.
SB40-ASA1,1371,119
301.48
(2) (a) 3m. The person is convicted for committing a level 2 child sex
10offense and the department releases the person from prison upon the completion of
11the sentence imposed for the level 2 child sex offense.
SB40-ASA1, s. 3141g
12Section 3141g. 301.48 (2) (a) 6., 7. and 8. of the statutes are created to read:
SB40-ASA1,1371,1513
301.48
(2) (a) 6. The court places a person on lifetime supervision under s.
14939.615 for committing a serious child sex offense and the person is released from
15prison.
SB40-ASA1,1371,1716
7. A police chief or a sheriff has received a notification under s. 301.46 (2m) (am)
17regarding the person.
SB40-ASA1,1371,1918
8. The department makes a determination under sub. (2g) that global
19positioning system tracking is appropriate for the person.
SB40-ASA1,1371,2422
301.48
(2) (b) (intro.) The department shall maintain lifetime tracking of a
23person if any of the following occurs with respect to the person on or after
July 1, 2007 24January 1, 2008:
SB40-ASA1,1372,53
301.48
(2) (b) 2. A court discharges the person under s. 980.09
or 980.10 (4).
4This subdivision does not apply if the person was on supervised release immediately
5before being discharged.
SB40-ASA1,1372,1510
301.48
(2) (d) If, on or after
July 1, 2007 January 1, 2008, a person is being
11placed on probation, extended supervision,
or parole
, or lifetime supervision for
12committing a sex offense and par. (a)
, or (b)
, or (c) does not apply, the department may
13have the person tracked using a global positioning system tracking device as a
14condition of the person's probation, extended supervision,
or parole
, or lifetime
15supervision.
SB40-ASA1,1372,2217
301.48
(2g) Department determination. If a person who committed a serious
18child sex offense, or a person under supervision under the interstate corrections
19compact for a serious child sex offense, is not subject to lifetime tracking under sub.
20(2), the department shall assess the person's risk using a standard risk assessment
21instrument to determine if global positioning system tracking is appropriate for the
22person.
SB40-ASA1,1373,5
1301.48
(2m) Passive positioning system tracking. If a person who is subject
2to lifetime tracking under sub. (2) (a) 1.,
1m., 2.,
or, 2m., 3.
, or 3m. completes his or
3her sentence, including any probation, parole, or extended supervision, the
4department may
decide to use passive positioning system tracking instead of
5maintaining lifetime tracking.