AB75-ASA1,1410,1815 301.26 (6) (a) The intent of this subsection is to develop criteria to assist the
16legislature in allocating funding, excluding funding for base allocations, from the
17appropriations under s. 20.410 (3) (cd) and, (ko), and (o) for purposes described in this
18section.
AB75-ASA1, s. 2682d 19Section 2682d. 301.26 (7) (intro.) of the statutes is amended to read:
AB75-ASA1,1410,2520 301.26 (7) Allocations of funds. (intro.) Within the limits of the availability
21of federal funds and of the appropriations under s. 20.410 (3) (cd) and, (ko), and (o),
22the department shall allocate funds for community youth and family aids for the
23period beginning on July 1, 2007 2009, and ending on June 30, 2009 2011, as
24provided in this subsection to county departments under ss. 46.215, 46.22, and 46.23
25as follows:
AB75-ASA1, s. 2683d
1Section 2683d. 301.26 (7) (a) (intro.) of the statutes is amended to read:
AB75-ASA1,1411,52 301.26 (7) (a) (intro.) For community youth and family aids under this section,
3amounts not to exceed $49,395,100 $50,395,100 for the last 6 months of 2007,
4$99,790,200 for 2008,
2009, $100,790,200 for 2010, and $50,395,100 for the first 6
5months of 2009 2011.
AB75-ASA1, s. 2684 6Section 2684. 301.26 (7) (b) (intro.) of the statutes is amended to read:
AB75-ASA1,1411,107 301.26 (7) (b) (intro.) Of the amounts specified in par. (a), the department shall
8allocate $2,000,000 for the last 6 months of 2007 2009, $4,000,000 for 2008 2010, and
9$2,000,000 for the first 6 months of 2009 2011 to counties based on each of the
10following factors weighted equally:
AB75-ASA1, s. 2685 11Section 2685. 301.26 (7) (bm) of the statutes is amended to read:
AB75-ASA1,1411,1712 301.26 (7) (bm) Of the amounts specified in par. (a), the department shall
13allocate $5,250,000 $6,250,000 for the last 6 months of 2007, $11,500,000 for 2008
142009, $12,500,000 for 2010, and $6,250,000 for the first 6 months of 2009 2011 to
15counties based on each county's proportion of the number of juveniles statewide who
16are placed in a juvenile correctional facility during the most recent 3-year period for
17which that information is available.
AB75-ASA1, s. 2686 18Section 2686. 301.26 (7) (c) of the statutes is amended to read:
AB75-ASA1,1411,2519 301.26 (7) (c) Of the amounts specified in par. (a), the department shall allocate
20$1,053,200 for the last 6 months of 2007 2009, $2,106,500 for 2008 2010, and
21$1,053,300 for the first 6 months of 2009 2011 to counties based on each of the factors
22specified in par. (b) 1. to 3. weighted equally, except that no county may receive an
23allocation under this paragraph that is less than 93% nor more than 115% of the
24amount that the county would have received under this paragraph if the allocation
25had been distributed only on the basis of the factor specified in par. (b) 3.
AB75-ASA1, s. 2687
1Section 2687. 301.26 (7) (e) of the statutes is amended to read:
AB75-ASA1,1412,62 301.26 (7) (e) For emergencies related to community youth and family aids
3under this section, amounts not to exceed $125,000 for the last 6 months of 2007
42009, $250,000 for 2008 2010, and $125,000 for the first 6 months of 2009 2011. A
5county is eligible for payments under this paragraph only if it has a population of not
6more than 45,000.
AB75-ASA1, s. 2688 7Section 2688. 301.26 (7) (h) of the statutes is amended to read:
AB75-ASA1,1412,178 301.26 (7) (h) For counties that are participating in the corrective sanctions
9program under s. 938.533 (2), $1,062,400 in the last 6 months of 2007 2009,
10$2,124,800 in 2008 2010, and $1,062,400 in the first 6 months of 2009 2011 for the
11provision of corrective sanctions services for juveniles from that county. In
12distributing funds to counties under this paragraph, the department shall determine
13a county's distribution by dividing the amount allocated under this paragraph by the
14number of slots authorized for the program under s. 938.533 (2) and multiplying the
15quotient by the number of slots allocated to that county by agreement between the
16department and the county. The department may transfer funds among counties as
17necessary to distribute funds based on the number of slots allocated to each county.
AB75-ASA1, s. 2689 18Section 2689. 301.26 (8) of the statutes is amended to read:
AB75-ASA1,1412,2219 301.26 (8) Alcohol and other drug abuse treatment. From the amount of the
20allocations specified in sub. (7) (a), the department shall allocate $666,700 in the last
216 months of 2007 2009, $1,333,400 in 2008 2010, and $666,700 in the first 6 months
22of 2009 2011 for alcohol and other drug abuse treatment programs.
AB75-ASA1, s. 2690 23Section 2690. 301.38 (1) (a) of the statutes is amended to read:
AB75-ASA1,1412,2524 301.38 (1) (a) "Member of the family" means spouse, domestic partner under
25ch. 770,
child, sibling, parent or legal guardian.
AB75-ASA1, s. 2691
1Section 2691. 301.46 (3) (a) 1. of the statutes is amended to read:
AB75-ASA1,1413,32 301.46 (3) (a) 1. "Member of the family" means spouse, domestic partner under
3ch. 770,
child, parent, sibling or legal guardian.
AB75-ASA1, s. 2692 4Section 2692. 301.46 (4) (a) 6. of the statutes is amended to read:
AB75-ASA1,1413,55 301.46 (4) (a) 6. A foster home or treatment foster home licensed under s. 48.62.
AB75-ASA1, s. 2693 6Section 2693. 301.48 (1) (d) of the statutes is amended to read:
AB75-ASA1,1413,117 301.48 (1) (d) "Lifetime tracking" means global positioning system tracking
8that is required for a person for the remainder of the person's life or until terminated
9under sub. (2m), sub. (6), if applicable, or sub. (7) or (7m)
. "Lifetime tracking" does
10not include global positioning system tracking under sub. (2) (d), regardless of how
11long it is required.
AB75-ASA1, s. 2694 12Section 2694. 301.48 (2) (a) (intro.) of the statutes is amended to read:
AB75-ASA1,1413,1513 301.48 (2) (a) (intro.) Except as provided in sub. subs. (2m), (6), (7), and (7m),
14the department shall maintain lifetime tracking of a person if any of the following
15occurs with respect to the person on or after January 1, 2008:
AB75-ASA1, s. 2695 16Section 2695. 301.48 (2) (b) (intro.) of the statutes is amended to read:
AB75-ASA1,1413,1917 301.48 (2) (b) (intro.) The Except as provided in subs. (7) and (7m), the
18department shall maintain lifetime tracking of a person if any of the following occurs
19with respect to the person on or after January 1, 2008:
AB75-ASA1, s. 2696 20Section 2696. 301.48 (2) (d) of the statutes is amended to read:
AB75-ASA1,1414,221 301.48 (2) (d) If, on or after January 1, 2008, a person is being placed on
22probation, extended supervision, parole, or lifetime supervision for committing a sex
23offense and par. (a) or (b) does not apply, the department may have the person tracked
24using a global positioning system tracking device, or passive positioning system

1tracking,
as a condition of the person's probation, extended supervision, parole, or
2lifetime supervision.
AB75-ASA1, s. 2697 3Section 2697. 301.48 (2m) of the statutes is amended to read:
AB75-ASA1,1414,114 301.48 (2m) Passive positioning system tracking. If a person who is subject
5to lifetime tracking under sub. (2) (a) 1., 1m., 2., 2m., 3., or 3m. completes his or her
6sentence, including any probation, parole, or extended supervision, the
The
7department may use passive positioning system tracking instead of maintaining
8lifetime tracking global positioning system tracking to track a person who is subject
9to lifetime tracking under sub. (2) (a) 1., 1m., 2., 2m., 3., or 3m. if the department
10determines that passive positioning tracking is appropriate for the person and if the
11person has been subject to global positioning system tracking for at least 12 months
.
AB75-ASA1, s. 2699 12Section 2699. 301.48 (7m) of the statutes is amended to read:
AB75-ASA1,1414,1713 301.48 (7m) Termination if person moves out of state. Notwithstanding sub.
14(2), if
If a person who is subject to being tracked under this section moves out of state,
15the department shall terminate the person's tracking. If the person returns to the
16state, the department shall reinstate the person's tracking except as provided under
17sub. (6) or (7).
AB75-ASA1, s. 2699m 18Section 2699m. 302.042 of the statutes is created to read:
AB75-ASA1,1414,21 19302.042 Risk reduction program. (1) The department shall provide risk
20reduction programming and treatment for inmates sentenced to a risk reduction
21sentence under s. 973.031.
AB75-ASA1,1414,23 22(2) For each inmate sentenced to a risk reduction sentence under s. 973.031,
23the department shall:
AB75-ASA1,1414,2524 (a) Conduct a validated and objective assessment of the inmate's criminogenic
25factors and risk of reoffending.
AB75-ASA1,1415,2
1(b) Develop a program plan for the inmate that is designed to reduce the risk
2and address the factors identified pursuant to par. (a).
AB75-ASA1,1415,6 3(3) The department may modify an inmate's program plan if programming or
4treatment specified in a plan is unavailable to the inmate because of the inmate's
5security classification, the department discontinues the programming or treatment,
6or there is a waiting list for the programming or treatment.
AB75-ASA1,1415,8 7(4) The department shall release an inmate who is serving a risk reduction
8sentence to extended supervision as follows:
AB75-ASA1,1415,169 (a) Except as provided in par. (b), when he or she serves not less than 75 percent
10of the term of confinement portion of his or her sentence imposed under s. 973.01 and
11the department determines that he or she has completed the programming or
12treatment under his or her plan and that the inmate maintained a good conduct
13record during his or her term of confinement. Not less than 30 days prior to release
14under this subsection, the department shall notify the sentencing court that the
15inmate has thus far successfully completed the requirements of his or her risk
16reduction sentence.
AB75-ASA1,1415,2517 (b) If the inmate is sentenced for a Class F to Class I felony that is not a violent
18offense, as defined in s. 301.048 (2) (bm) 1., when he or she serves not less than 67
19percent of the term of confinement portion of his or her sentenced impose under s.
20973.01 and the department determines that he or she has completed the
21programming or treatment under his or her plan and that the inmate maintained a
22good conduct record during his or her term of confinement. Not less than 30 days
23prior to release under this subsection, the department shall notify the sentencing
24court that the inmate has thus far successfully completed the requirements of his or
25her risk reduction sentence.
AB75-ASA1, s. 2700
1Section 2700. 302.045 (1) of the statutes is amended to read:
AB75-ASA1,1416,172 302.045 (1) Program. The department shall provide a challenge incarceration
3program for inmates selected to participate under sub. (2). The program shall
4provide participants with manual labor, personal development counseling,
5substance abuse treatment and education,
military drill and ceremony, counseling,
6and strenuous physical exercise, for participants who have not attained the age of
730 as of the date on which they begin participating in the program, or
8age-appropriate strenuous physical exercise, for all other participants, in
9preparation for release on parole or extended supervision. The program shall
10provide, according to each participant's needs as assessed under sub. (2) (d),
11substance abuse treatment and education, including intensive intervention when
12indicated, personal development counseling, education, employment readiness
13training, and other treatment options that are directly related to the participant's
14criminal behavior.
The department shall design the program to include not less than
1550 participants at a time and so that a participant may complete the program in not
16more than 180 days. The department may restrict participant privileges as
17necessary to maintain discipline.
AB75-ASA1, s. 2701 18Section 2701. 302.045 (2) (d) of the statutes is repealed and recreated to read:
AB75-ASA1,1416,2019 302.045 (2) (d) The department determines, using evidence-based assessment
20instruments, that one of the following applies:
AB75-ASA1,1416,2221 1. The inmate has a substance abuse treatment need that requires an intensive
22level of treatment.
AB75-ASA1,1416,2523 2. The inmate has a substance abuse treatment need that does not require an
24intensive level of treatment but does require education or outpatient services, and
25the inmate's substance use is not a key factor in his or her criminal behavior.
AB75-ASA1,1417,2
13. The inmate has one or more treatment needs not related to substance use
2that is directly related to his or her criminal behavior.
AB75-ASA1, s. 2702 3Section 2702. 302.045 (3) of the statutes is amended to read:
AB75-ASA1,1417,114 302.045 (3) Parole eligibility. Except as provided in sub. (4), if the department
5determines that an inmate serving a sentence other than one imposed under s.
6973.01 has successfully completed the challenge incarceration program, the parole
7earned release review commission shall parole the inmate for that sentence under
8s. 304.06, regardless of the time the inmate has served. When the parole earned
9release review
commission grants parole under this subsection, it must require the
10parolee to participate in an intensive supervision program for drug abusers
11appropriate to the parolee's rehabilitation needs as a condition of parole.
AB75-ASA1, s. 2702m 12Section 2702m. 302.045 (3m) (d) of the statutes is created to read:
AB75-ASA1,1417,1513 302.045 (3m) (d) Upon receiving a court order modifying an inmate's bifurcated
14sentence, the department shall release the inmate within 6 working days, as defined
15in s. 227.01 (14) and as computed in s. 990.001 (4).
AB75-ASA1, s. 2703 16Section 2703. 302.05 (title) of the statutes is amended to read:
AB75-ASA1,1417,17 17302.05 (title) Wisconsin substance abuse earned release program.
AB75-ASA1, s. 2704 18Section 2704. 302.05 (1) (am) (intro.) of the statutes is renumbered 302.05 (1)
19and amended to read:
AB75-ASA1,1418,420 302.05 (1) The department of corrections and the department of health services
21may designate a section of a mental health institute as a correctional treatment
22facility for the treatment of substance abuse of inmates transferred from Wisconsin
23state prisons. This section shall be administered by the department of corrections
24and shall be known as the Wisconsin substance abuse program. The department of
25corrections and the department of health services shall ensure that the residents at

1the institution and the residents in the substance abuse program:
shall, at any
2correctional facility the department determines is appropriate, provide a
3rehabilitation program for inmates for the purposes of the earned release program
4described in sub. (3).
AB75-ASA1, s. 2705 5Section 2705. 302.05 (1) (am) 1. of the statutes is repealed.
AB75-ASA1, s. 2706 6Section 2706. 302.05 (1) (am) 2. of the statutes is repealed.
AB75-ASA1, s. 2707 7Section 2707. 302.05 (1) (c) of the statutes is repealed.
AB75-ASA1, s. 2708 8Section 2708. 302.05 (2) of the statutes is amended to read:
AB75-ASA1,1418,119 302.05 (2) Transfer to a correctional treatment facility for the treatment of
10substance abuse
participation in a program described in sub. (1) shall be considered
11a transfer under s. 302.18.
AB75-ASA1, s. 2709 12Section 2709. 302.05 (3) (b) of the statutes is amended to read:
AB75-ASA1,1418,2013 302.05 (3) (b) Except as provided in par. (d), if the department determines that
14an eligible inmate serving a sentence other than one imposed under s. 973.01 has
15successfully completed a treatment rehabilitation program described in sub. (1), the
16parole earned release review commission shall parole the inmate for that sentence
17under s. 304.06, regardless of the time the inmate has served. If the parole earned
18release review
commission grants parole under this paragraph, it shall require the
19parolee to participate in an intensive supervision program for drug abusers
20appropriate to the parolee's rehabilitation needs as a condition of parole.
AB75-ASA1, s. 2710 21Section 2710. 302.05 (3) (c) 1. of the statutes is amended to read:
AB75-ASA1,1419,222 302.05 (3) (c) 1. Except as provided in par. (d), if the department determines
23that an eligible inmate serving the term of confinement in prison portion of a
24bifurcated sentence imposed under s. 973.01 has successfully completed a treatment

1rehabilitation program described in sub. (1), the department shall inform the court
2that sentenced the inmate.
AB75-ASA1, s. 2711 3Section 2711. 302.05 (3) (c) 2. (intro.) of the statutes is amended to read:
AB75-ASA1,1419,74 302.05 (3) (c) 2. (intro.) Upon being informed by the department under subd.
51. that an inmate whom the court sentenced under s. 973.01 has successfully
6completed a treatment rehabilitation program described in sub. (1), the court shall
7modify the inmate's bifurcated sentence as follows:
AB75-ASA1, s. 2711m 8Section 2711m. 302.05 (3) (c) 3. of the statutes is created to read:
AB75-ASA1,1419,119 302.05 (3) (c) 3. Upon receiving a court order modifying an inmate's bifurcated
10sentence, the department shall release the inmate within 6 working days, as defined
11in s. 227.01 (14) and as computed in s. 990.001 (4).
AB75-ASA1, s. 2712 12Section 2712. 302.05 (3) (d) of the statutes is amended to read:
AB75-ASA1,1419,1513 302.05 (3) (d) The department may place intensive sanctions program
14participants in a treatment rehabilitation program described in sub. (1), but pars. (b)
15and (c) do not apply to those participants.
AB75-ASA1, s. 2713 16Section 2713. 302.105 (1) (a) of the statutes is amended to read:
AB75-ASA1,1419,1817 302.105 (1) (a) "Member of the family" means spouse, domestic partner under
18ch. 770,
child, sibling, parent or legal guardian.
AB75-ASA1, s. 2714 19Section 2714. 302.11 (1g) (b) (intro.) of the statutes is amended to read:
AB75-ASA1,1420,220 302.11 (1g) (b) (intro.) Before an incarcerated inmate with a presumptive
21mandatory release date reaches the presumptive mandatory release date specified
22under par. (am), the parole earned release review commission shall proceed under
23s. 304.06 (1) to consider whether to deny presumptive mandatory release to the
24inmate. If the parole earned release review commission does not deny presumptive
25mandatory release, the inmate shall be released on parole. The parole earned release

1review
commission may deny presumptive mandatory release to an inmate only on
2one or more of the following grounds:
AB75-ASA1, s. 2715 3Section 2715. 302.11 (1g) (b) 2. of the statutes is amended to read:
AB75-ASA1,1420,104 302.11 (1g) (b) 2. Refusal by the inmate to participate in counseling or
5treatment that the social service and clinical staff of the institution determines is
6necessary for the inmate, including pharmacological treatment using an
7antiandrogen or the chemical equivalent of an antiandrogen if the inmate is a serious
8child sex offender as defined in s. 304.06 (1q) (a). The parole earned release review
9commission may not deny presumptive mandatory release to an inmate because of
10the inmate's refusal to participate in a rehabilitation program under s. 301.047.
AB75-ASA1, s. 2716 11Section 2716. 302.11 (1g) (c) of the statutes is amended to read:
AB75-ASA1,1420,1512 302.11 (1g) (c) If the parole earned release review commission denies
13presumptive mandatory release to an inmate under par. (b), the parole earned
14release review
commission shall schedule regular reviews of the inmate's case to
15consider whether to parole the inmate under s. 304.06 (1).
AB75-ASA1, s. 2717 16Section 2717. 302.11 (1g) (d) of the statutes is amended to read:
AB75-ASA1,1420,1917 302.11 (1g) (d) An inmate may seek review of a decision by the parole earned
18release review
commission relating to the denial of presumptive mandatory release
19only by the common law writ of certiorari.
AB75-ASA1, s. 2718 20Section 2718. 302.11 (1m) of the statutes is amended to read:
AB75-ASA1,1420,2321 302.11 (1m) An inmate serving a life term is not entitled to mandatory release.
22Except as provided in ss. 939.62 (2m) (c) and 973.014, the parole earned release
23review
commission may parole the inmate as specified in s. 304.06 (1).
AB75-ASA1, s. 2719 24Section 2719. 302.11 (7) (c) of the statutes is amended to read:
AB75-ASA1,1421,3
1302.11 (7) (c) The parole earned release review commission may subsequently
2parole, under s. 304.06 (1), and the department may subsequently parole, under s.
3304.02, a parolee who is returned to prison for violation of a condition of parole.
AB75-ASA1, s. 2720 4Section 2720. 302.113 (1) of the statutes is amended to read:
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