Amendment CSA1-SB40

SB40-CSA1,1274,16 301.26 (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.

SB40-CSA1,1275,3 (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 juvenile correctional facility, as defined in s. 938.02 (19), for the next fiscal biennium by adding 50 percent 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 juvenile correctional facility for the first year of the next fiscal biennium and by adding 50 percent 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 juvenile correctional facility for the 2nd year of the next fiscal biennium.

SB40-CSA1,1275,7 2. The secretary of administration shall 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.

SB40-CSA1,1275,19 (c) If on June 30 of the odd-numbered year of the next fiscal biennium the moneys described in 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 juvenile 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).

SB40-CSA1, s. 3116 Section 3116. 301.26 (7) (intro.) of the statutes is amended to read:

SB40-CSA1,1275,25 301.26 (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, 2005 2007, and ending on June 30, 2007 2009, as provided in this subsection to county departments under ss. 46.215, 46.22, and 46.23 as follows:

SB40-CSA1, s. 3117d Section 3117d. 301.26 (7) (a) of the statutes is amended to read:

SB40-CSA1,1276,5 301.26 (7) (a) For community youth and family aids under this section, amounts not to exceed $44,145,100 $49,395,100 for the last 6 months of 2005, $88,290,200 for 2006, and $44,145,100 2007, $99,790,200 for 2008, and $50,395,100 for the first 6 months of 2007 2009.

SB40-CSA1, s. 3118 Section 3118. 301.26 (7) (b) (intro.) of the statutes is amended to read:

SB40-CSA1,1276,10 301.26 (7) (b) (intro.) Of the amounts specified in par. (a), the department shall allocate $2,000,000 for the last 6 months of 2005 2007, $4,000,000 for 2006 2008, and $2,000,000 for the first 6 months of 2007 2009 to counties based on each of the following factors weighted equally:

SB40-CSA1, s. 3119 Section 3119. 301.26 (7) (bm) of the statutes is created to read:

SB40-CSA1,1276,17 301.26 (7) (bm) Of the amounts specified in par. (a), the department shall allocate $5,250,000 for the last 6 months of 2007, $11,500,000 for 2008, and $6,250,000 for the first 6 months of 2009 to counties based on each county's proportion of the number of juveniles statewide who are placed in a juvenile correctional facility during the most recent 3-year period for which that information is available.

SB40-CSA1, s. 3120 Section 3120. 301.26 (7) (c) of the statutes is amended to read:

SB40-CSA1,1276,25 301.26 (7) (c) Of the amounts specified in par. (a), the department shall allocate $1,053,200 for the last 6 months of 2005 2007, $2,106,500 for 2006 2008, and $1,053,300 for the first 6 months of 2007 2009 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.

SB40-CSA1, s. 3122 Section 3122. 301.26 (7) (e) of the statutes is amended to read:

SB40-CSA1,1277,6 301.26 (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 2005 2007, $250,000 for 2006 2008, and $125,000 for the first 6 months of 2007 2009. A county is eligible for payments under this paragraph only if it has a population of not more than 45,000.

SB40-CSA1, s. 3123 Section 3123. 301.26 (7) (h) of the statutes is amended to read:

SB40-CSA1,1277,17 301.26 (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 2005 2007, $2,124,800 in 2006 2008, and $1,062,400 in the first 6 months of 2007 2009 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.

SB40-CSA1, s. 3124 Section 3124. 301.26 (8) of the statutes is amended to read:

SB40-CSA1,1277,22 301.26 (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 2005 2007, $1,333,400 in 2006 2008, and $666,700 in the first 6 months of 2007 2009 for alcohol and other drug abuse treatment programs.

SB40-CSA1, s. 3125 Section 3125. 301.265 (title) of the statutes is repealed.

SB40-CSA1, s. 3126 Section 3126. 301.265 (1) of the statutes is renumbered 16.964 (8) (a) and amended to read:

SB40-CSA1,1278,8 16.964 (8) (a) From the appropriations under s. 20.410 (3) 20.505 (6) (d) and (kj), the department office shall allocate $500,000 in each fiscal year to enter into a contract with an organization to provide services in a county having a population of 500,000 or more for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational, and employment programs. Notwithstanding s. 16.75, the department office may enter into a contract under this subsection paragraph without soliciting bids or proposals and without accepting the lowest responsible bid or offer.

SB40-CSA1, s. 3127 Section 3127. 301.265 (2) of the statutes is renumbered 16.964 (8) (b) and amended to read:

SB40-CSA1,1278,15 16.964 (8) (b) From the appropriation under s. 20.410 (3) (ky) 20.505 (6) (km), the department office may not distribute more than $300,000 in each fiscal year to the organization that it has contracted with under sub. (1) par. (a) for alcohol and other drug abuse education and treatment services for participants in that organization's youth diversion program.

SB40-CSA1, s. 3128 Section 3128. 301.265 (3) of the statutes is renumbered 16.964 (8) (c) and amended to read:

SB40-CSA1,1279,12 16.964 (8) (c) From the appropriations under s. 20.410 (3) 20.505 (6) (d) and (kj), the department office shall allocate $150,000 in each fiscal year to enter into a contract with an organization to provide services in Racine County, $150,000 in each fiscal year to enter into a contract with an organization to provide services in Kenosha County, $150,000 in each fiscal year to enter into a contract with an organization that is located in ward 1 2 in the city of Racine to provide services in Racine County, and $150,000 in each fiscal year to enter into a contract with an organization to provide services in Brown County, and from the appropriation under s. 20.410 (3) 20.505 (6) (kj), the department shall allocate $100,000 in each fiscal year to enter into a contract with an organization, for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational, and employment programs, and for alcohol or other drug abuse education and treatment services for participants in that organization's youth diversion program. The organization that is located in ward 1 2 in the city of Racine shall have a recreational facility, shall offer programs to divert youths from gang activities, may not be affiliated with any national or state association, and may not have entered into a contract under s. 301.265 (3), 1995 stats. Notwithstanding s. 16.75, the department office may enter into a contract under this subsection paragraph without soliciting bids or proposals and without accepting the lowest responsible bid or offer.

SB40-CSA1, s. 3128m Section 3128m. 301.286 of the statutes is created to read:

SB40-CSA1,1279,22 301.286 State identification upon release from prison. Before an individual is released from prison upon completion of his or her sentence or to parole or extended supervision, the department shall determine if the individual has an operator's license or a state identification card under ch. 343. If the individual has neither, the department shall assist the individual in applying for a state identification card under s. 343.50. The department shall determine if the individual is able to pay all or a portion of the fee under s. 343.50 (5) from the individual's general fund account. The department shall pay any portion of the fee the individual is unable to pay from the individual's general fund account.

SB40-CSA1, s. 3129 Section 3129. 301.37 (1) of the statutes is amended to read:

SB40-CSA1,1280,6 301.37 (1) The department shall fix reasonable standards and regulations for the design, construction, repair, and maintenance of all houses of correction, reforestation camps maintained under s. 303.07, jails, as defined in s. 302.30, extensions of jails under s. 59.54 (14) (g), rehabilitation facilities under s. 59.53 (8), lockup facilities, as defined in s. 302.30, work camps under s. 303.10, Huber facilities under s. 303.09, and, after consulting with the department of health and family services children and families, all juvenile detention facilities, with respect to their adequacy and fitness for the needs which they are to serve.

SB40-CSA1, s. 3130 Section 3130. 301.45 (7) (a) of the statutes is amended to read:

SB40-CSA1,1280,15 301.45 (7) (a) The department shall maintain information provided under sub. (2). The department shall keep the information confidential except as provided in ss. 301.03 (14) and 301.46, except as needed for law enforcement purposes and except to provide, in response to a request for information under s. 49.22 (2m) made by the department of workforce development children and families or a county child support agency under s. 59.53 (5), the name and address of an individual registered under this section, the name and address of the individual's employer and financial information related to the individual.

SB40-CSA1, s. 3131 Section 3131. 301.45 (9) of the statutes is amended to read:

SB40-CSA1,1280,20 301.45 (9) Cooperation. The department of health and family services, the department of workforce development children and families, the department of transportation and all circuit courts shall cooperate with the department of corrections in obtaining information under this section.

SB40-CSA1, s. 3132 Section 3132. 301.45 (10) of the statutes is amended to read:

SB40-CSA1,1281,2 301.45 (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 who must register as sex offenders. The department shall establish any such fee by rule, but the fee may not exceed $50 $100.

SB40-CSA1, s. 3132r Section 3132r. 301.46 (2m) (am) of the statutes is amended to read:

SB40-CSA1,1281,16 301.46 (2m) (am) If an agency with jurisdiction confines a person under s. 301.046, provides a person entering the intensive sanctions program under s. 301.048 with a sanction other than a placement in a Type 1 prison or a jail, or releases a person from confinement in a state correctional institution or institutional care, and the person has been found to be a sexually violent person under ch. 980 or has, on 2 or more separate occasions, been convicted or found not guilty or not responsible by reason of mental disease or defect for a sex offense or for a violation of a law of this state that is comparable to a sex offense, the agency with jurisdiction shall notify the police chief of any community and the sheriff of any county in which the person will be residing, employed or attending school and through or to which the person will be regularly traveling. Notification under this paragraph shall be in addition to providing access to information under sub. (2) and to any other notification that an agency with jurisdiction is authorized to provide.

SB40-CSA1, s. 3133 Section 3133. 301.46 (4) (a) 10m. of the statutes is created to read:

SB40-CSA1,1281,18 301.46 (4) (a) 10m. The department children and families.

SB40-CSA1, s. 3134m Section 3134m. 301.48 (1) (cm) and (cn) of the statutes are created to read:

SB40-CSA1,1281,21 301.48 (1) (cm) "Level 1 child sex offense" means a violation of s. 948.02 or 948.025 in which any of the following occurs:

SB40-CSA1,1281,24 1. The actor has sexual contact or sexual intercourse with an individual who is not a relative of the actor and who has not attained the age of 13 years and causes great bodily harm, as defined in s. 939.22 (14), to the individual.

SB40-CSA1,1282,2 2. The actor has sexual intercourse with an individual who is not a relative of the actor and who has not attained the age of 12 years.

SB40-CSA1,1282,4 (cn) "Level 2 child sex offense" means a violation of s. 948.02 or 948.025 in which any of the following occurs:

SB40-CSA1,1282,7 1. The actor has sexual intercourse, by use or threat of force or violence, with an individual who is not a relative of the actor and who has not attained the age of 16 years.

SB40-CSA1,1282,10 2. The actor has sexual contact, by use or threat of force or violence, with an individual who has not attained the age of 16 years and who is not a relative of the actor, and the actor is at least 18 years of age when the sexual contact occurs.

SB40-CSA1, s. 3135a Section 3135a. 301.48 (1) (d) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB40-CSA1,1282,17 301.48 (1) (d) "Lifetime tracking" means global positioning system tracking that is required for a person for the remainder of the person's life or until terminated under sub. (2m), sub. (6), if applicable, or sub. (7) or (8) (7m). "Lifetime tracking" does not include global positioning system tracking under sub. (2) (c) or (d), regardless of how long it is required.

SB40-CSA1, s. 3136g Section 3136g. 301.48 (1) (dr) of the statutes is created to read:

SB40-CSA1,1282,21 301.48 (1) (dr) "Relative" means a son, daughter, brother, sister, first cousin, 2nd cousin, nephew, niece, grandchild, or great grandchild, or any other person related by blood, marriage, or adoption.

SB40-CSA1, s. 3136m Section 3136m. 301.48 (1) (e) of the statutes, as created by 2005 Wisconsin Act 431, is repealed and recreated to read:

SB40-CSA1,1282,25 301.48 (1) (e) "Serious child sex offense" means a level 1 child sex offense or a level 2 child sex offense.

SB40-CSA1, s. 3136r Section 3136r. 301.48 (1) (fm) of the statutes is created to read:

SB40-CSA1,1283,2 301.48 (1) (fm) "Sexual contact" has the meaning given in s. 948.01 (5).

SB40-CSA1, s. 3137a Section 3137a. 301.48 (2) (a) (intro.) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB40-CSA1,1283,7 301.48 (2) (a) (intro.) Except as provided in sub. (2m), the department shall maintain lifetime tracking of a person if any of the following occurs with respect to the person on or after July 1, 2007 January 1, 2008:

SB40-CSA1, s. 3138g Section 3138g. 301.48 (2) (a) 1. of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB40-CSA1,1283,11 301.48 (2) (a) 1. A court places the person on probation for committing a serious level 1 child sex offense.

SB40-CSA1, s. 3138r Section 3138r. 301.48 (2) (a) 1m. of the statutes is created to read:

SB40-CSA1,1283,15 301.48 (2) (a) 1m. The person is convicted for committing a level 2 child sex offense and the court places the person on probation for committing the level 2 child sex offense.

SB40-CSA1, s. 3139a Section 3139a. 301.48 (2) (a) 2. of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB40-CSA1,1283,20 301.48 (2) (a) 2. The department releases the person to extended supervision or parole while the person is serving a sentence for committing a serious level 1 child sex offense.

SB40-CSA1, s. 3139r Section 3139r. 301.48 (2) (a) 2m. of the statutes is created to read:

SB40-CSA1,1283,24 301.48 (2) (a) 2m. The person is convicted for committing a level 2 child sex offense and the department releases the person to extended supervision or parole while the person is serving the sentence for committing the level 2 child sex offense.

SB40-CSA1, s. 3140g Section 3140g. 301.48 (2) (a) 3. of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB40-CSA1,1284,4 301.48 (2) (a) 3. The department releases the person from prison upon the completion of a sentence imposed for a serious level 1 child sex offense.

SB40-CSA1, s. 3140r Section 3140r. 301.48 (2) (a) 3m. of the statutes is created to read:

SB40-CSA1,1284,8 301.48 (2) (a) 3m. The person is convicted for committing a level 2 child sex offense and the department releases the person from prison upon the completion of the sentence imposed for the level 2 child sex offense.

SB40-CSA1, s. 3141g Section 3141g. 301.48 (2) (a) 6., 7. and 8. of the statutes are created to read:

SB40-CSA1,1284,12 301.48 (2) (a) 6. The court places a person on lifetime supervision under s. 939.615 for committing a serious child sex offense and the person is released from prison.

SB40-CSA1,1284,14 7. A police chief or a sheriff receives a notification under s. 301.46 (2m) (am) regarding the person.

SB40-CSA1,1284,16 8. The department makes a determination under sub. (2g) that global positioning system tracking is appropriate for the person.

SB40-CSA1, s. 3143m Section 3143m. 301.48 (2) (b) (intro.) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB40-CSA1,1284,21 301.48 (2) (b) (intro.) The department shall maintain lifetime tracking of a person if any of the following occurs with respect to the person on or after July 1, 2007 January 1, 2008:

SB40-CSA1, s. 3144m Section 3144m. 301.48 (2) (b) 2. of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB40-CSA1,1285,3 301.48 (2) (b) 2. A court discharges the person under s. 980.09 or 980.10 (4). This subdivision does not apply if the person was on supervised release immediately before being discharged.

SB40-CSA1, s. 3145m Section 3145m. 301.48 (2) (c) of the statutes, as created by 2005 Wisconsin Act 431, is repealed.

SB40-CSA1, s. 3148g Section 3148g. 301.48 (2) (d) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB40-CSA1,1285,13 301.48 (2) (d) If, on or after July 1, 2007 January 1, 2008, a person is being placed on probation, extended supervision, or parole , or lifetime supervision for committing a sex offense and par. (a), or (b), or (c) does not apply, the department may have the person tracked using a global positioning system tracking device as a condition of the person's probation, extended supervision, or parole, or lifetime supervision.

SB40-CSA1, s. 3148r Section 3148r. 301.48 (2g) of the statutes is created to read:

SB40-CSA1,1285,20 301.48 (2g) Department determination. If a person who committed a serious child sex offense, or a person under supervision under the interstate corrections compact for a serious child sex offense, is not subject to lifetime tracking under sub. (2), the department shall assess the person's risk using a standard risk assessment instrument to determine if global positioning system tracking is appropriate for the person.

SB40-CSA1, s. 3149m Section 3149m. 301.48 (2m) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB40-CSA1,1286,2 301.48 (2m) Passive positioning system tracking. If a person who is subject to lifetime tracking under sub. (2) (a) 1., 1m., 2., or, 2m., 3., or 3m. completes his or her sentence, including any probation, parole, or extended supervision, the department may decide to use passive positioning system tracking instead of maintaining lifetime tracking.

SB40-CSA1, s. 3151m Section 3151m. 301.48 (3) (a) 1. of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB40-CSA1,1286,10 301.48 (3) (a) 1. Use field monitoring equipment that supports cellular communications with as large a coverage area as possible and shall automatically provide instantaneous or nearly instantaneous information regarding the whereabouts of a person who is being monitored, including information regarding the person's presence in an exclusion zone established under par. (c) or absence from an inclusion zone established under par. (c).

SB40-CSA1, s. 3153m Section 3153m. 301.48 (3) (b) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB40-CSA1,1286,17 301.48 (3) (b) The department shall contract with a vendor using a competitive process under s. 16.75 to provide staff in this state to install, remove, and maintain equipment related to global positioning system tracking services and passive positioning system tracking services for purposes of this section. The term of the contract may not exceed 3 years.