Amendment ASA1-AB40

AB40-ASA1,1214,24 301.048 (2) (am) 3. The earned release review parole commission grants him or her parole under s. 304.06 and requires his or her participation in the program as a condition of parole under s. 304.06 (1x).

AB40-ASA1, s. 2997 Section 2997. 301.21 (1m) (c) of the statutes is amended to read:

AB40-ASA1,1215,4 301.21 (1m) (c) Any hearing to consider parole or whether to grant extended supervision, if the inmate is sentenced under s. 973.01 to which an inmate confined under this contract may be entitled by the laws of Wisconsin will be conducted by the Wisconsin earned release review parole commission under rules of the department.

AB40-ASA1, s. 2998 Section 2998. 301.21 (2m) (c) of the statutes is amended to read:

AB40-ASA1,1215,10 301.21 (2m) (c) Any hearing to consider parole or whether to grant extended supervision, if the prisoner is sentenced under s. 973.01 to which a prisoner confined under a contract under this subsection may be entitled by the laws of Wisconsin shall be conducted by the Wisconsin earned release review parole commission under rules of the department.

AB40-ASA1, s. 2999 Section 2999. 301.26 (3) (c) of the statutes is amended to read:

AB40-ASA1,1215,14 301.26 (3) (c) Within the limits of the appropriations under s. 20.410 (3) (cd), (ko), and (o) and (ko), the department shall allocate funds to each county for services under this section.

AB40-ASA1, s. 3000 Section 3000. 301.26 (4) (b) of the statutes is amended to read:

AB40-ASA1,1216,5 301.26 (4) (b) Assessment of costs under par. (a) shall be made periodically on the basis of the per person per day cost estimate specified in par. (d) 2. and, 3., and 4. Except as provided in pars. (bm), (c), and (cm), liability shall apply to county departments under s. 46.21, 46.22, or 46.23 in the county of the court exercising jurisdiction under chs. 48 and 938 for each person receiving services from the department of corrections under s. 48.366, 938.183, or 938.34 or the department of health services under s. 46.057 or 51.35 (3). Except as provided in pars. (bm), (c), and (cm), in multicounty court jurisdictions, the county of residency within the jurisdiction shall be liable for costs under this subsection. Assessment of costs under par. (a) shall also be made according to the general placement type or level of care provided, as defined by the department, and prorated according to the ratio of the amount designated under sub. (3) (c) to the total applicable estimated costs of care, services, and supplies provided by the department of corrections under ss. 48.366, 938.183, and 938.34 and the department of health services under s. 46.057 or 51.35 (3).

AB40-ASA1, s. 3001 Section 3001. 301.26 (4) (cm) 3. of the statutes is amended to read:

AB40-ASA1,1216,10 301.26 (4) (cm) 3. The per person daily reimbursement rate for juvenile correctional services under this paragraph shall be equal to the per person daily cost assessment to counties under par. (d) 2. and, 3., and 4. for juvenile correctional services.

AB40-ASA1, s. 3002 Section 3002. 301.26 (4) (ct) of the statutes is created to read:

AB40-ASA1,1216,22 301.26 (4) (ct) 1. Subject to subd. 2. and notwithstanding ss. 16.50 (2), 16.52, 20.002 (11), and 20.903, if there is a deficit in the appropriation account under s. 20.410 (3) (hm) at the close of a fiscal year, any unencumbered balance in the appropriation account under s. 20.410 (3) (ho) at the close of that fiscal year, less the amounts required by s. 20.410 (3) (ho) to be remitted to counties or transferred to the appropriation account under s. 20.410 (3) (kx), and any unencumbered balance in the appropriation account under s. 20.410 (3) (hr) at the close of that fiscal year, shall be transferred to the appropriation account under s. 20.410 (3) (hm), up to the amount that when added to other amounts credited to that appropriation account in that fiscal year equals the amount shown in the schedule under s. 20.005 (3) for that appropriation account for that fiscal year.

AB40-ASA1,1217,4 2. The total amount transferred at the end of a fiscal year under subd. 1. may not exceed the amount of the deficit in the appropriation account under s. 20.410 (3) (hm) for that fiscal year, and if that deficit is less than the total amount of the unencumbered balances available for transfer under subd. 1., the amount transferred from the appropriation accounts under s. 20.410 (3) (ho) and (hr) shall be in proportion to the respective unencumbered balance available for transfer from each of those appropriation accounts.

AB40-ASA1, s. 3002m Section 3002m. 301.26 (4) (cx) of the statutes is created to read:

AB40-ASA1,1217,13 301.26 (4) (cx) If, notwithstanding ss. 16.50 (2), 16.52, 20.002 (11), and 20.903, there is a deficit in the appropriation account under s. 20.410 (3) (hm) at the close of a fiscal biennium, the governor shall, to address that deficit, increase each of the rates specified under s. 301.26 (4) (d) 2. and 3. for care in a Type 1 juvenile correctional institution and for care for juveniles transferred from a correctional institution by $17, in addition to any increase due to actual costs, in the executive budget bill for each fiscal biennium, until the deficit under s. 20.410 (3) (hm) is eliminated.

AB40-ASA1, s. 3003 Section 3003. 301.26 (4) (d) 2. of the statutes is amended to read:

AB40-ASA1,1217,23 301.26 (4) (d) 2. Beginning on January July 1, 2010 2011, and ending on June 30, 2010 2012, the per person daily cost assessment to counties shall be $270 $284 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $270 $284 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $298 for care in a residential care center for children and youth, $190 for care in a group home for children, $72 for care in a foster home, $124 for care in a treatment foster home under rules promulgated under s. 48.62 (8) (c), $101 $99 for departmental corrective sanctions services, and $40 for departmental aftercare services.

AB40-ASA1, s. 3004 Section 3004. 301.26 (4) (d) 3. of the statutes is amended to read:

AB40-ASA1,1218,9 301.26 (4) (d) 3. Beginning on July 1, 2010 2012, and ending on June 30, 2011 2013, the per person daily cost assessment to counties shall be $275 $289 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $275 $289 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $313 for care in a residential care center for children and youth, $200 for care in a group home for children, $75 for care in a foster home, $130 for care in a treatment foster home under rules promulgated under s. 48.62 (8) (c), $103 $100 for departmental corrective sanctions services, and $41 $40 for departmental aftercare services.

AB40-ASA1, s. 3005 Section 3005. 301.26 (4) (d) 4. of the statutes is created to read:

AB40-ASA1,1218,14 301.26 (4) (d) 4. The per person daily cost assessment to counties for care in a foster home, group home, or residential care center for children and youth shall be an amount equal to the amount the provider charges the department for that care as authorized by the department of children and families.

AB40-ASA1, s. 3006 Section 3006. 301.26 (6) (a) of the statutes is amended to read:

AB40-ASA1,1218,19 301.26 (6) (a) The intent of this subsection is to develop criteria to assist the legislature in allocating funding, excluding funding for base allocations, from the appropriations under s. 20.410 (3) (cd), (ko), and (o) and (ko) for purposes described in this section.

AB40-ASA1, s. 3007 Section 3007. 301.26 (7) (intro.) of the statutes is amended to read:

AB40-ASA1,1219,2 301.26 (7) Allocations of funds. (intro.) Within the limits of the availability of federal funds and of the appropriations under s. 20.410 (3) (cd), (ko), and (o) and (ko), the department shall allocate funds for community youth and family aids for the period beginning on July 1, 2009 2011, and ending on June 30, 2011 2013, as provided in this subsection to county departments under ss. 46.215, 46.22, and 46.23 as follows:

AB40-ASA1, s. 3008 Section 3008. 301.26 (7) (a) of the statutes is amended to read:

AB40-ASA1,1219,7 301.26 (7) (a) For community youth and family aids under this section, amounts not to exceed $50,395,100 $45,478,000 for the last 6 months of 2009 2011, $100,790,200 $90,956,100 for 2010 2012, and $50,395,100 $45,478,100 for the first 6 months of 2011 2013.

AB40-ASA1, s. 3009 Section 3009. 301.26 (7) (b) (intro.) of the statutes is amended to read:

AB40-ASA1,1219,12 301.26 (7) (b) (intro.) Of the amounts specified in par. (a), the department shall allocate $2,000,000 for the last 6 months of 2009 2011, $4,000,000 for 2010 2012, and $2,000,000 for the first 6 months of 2011 2013 to counties based on each of the following factors weighted equally:

AB40-ASA1, s. 3010 Section 3010. 301.26 (7) (bm) of the statutes is amended to read:

AB40-ASA1,1219,19 301.26 (7) (bm) Of the amounts specified in par. (a), the department shall allocate $6,250,000 for the last 6 months of 2009 2011, $12,500,000 for 2010 2012, and $6,250,000 for the first 6 months of 2011 2013 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.

AB40-ASA1, s. 3011 Section 3011. 301.26 (7) (c) of the statutes is amended to read:

AB40-ASA1,1220,2 301.26 (7) (c) Of the amounts specified in par. (a), the department shall allocate $1,053,200 for the last 6 months of 2009 2011, $2,106,500 for 2010 2012, and $1,053,300 for the first 6 months of 2011 2013 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.

AB40-ASA1, s. 3012 Section 3012. 301.26 (7) (e) of the statutes is amended to read:

AB40-ASA1,1220,8 301.26 (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 2009 2011, $250,000 for 2010 2012, and $125,000 for the first 6 months of 2011 2013. A county is eligible for payments under this paragraph only if it has a population of not more than 45,000.

AB40-ASA1, s. 3013 Section 3013. 301.26 (7) (h) of the statutes is amended to read:

AB40-ASA1,1220,19 301.26 (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 2009 2011, $2,124,800 in 2010 2012, and $1,062,400 in the first 6 months of 2011 2013 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.

AB40-ASA1, s. 3014 Section 3014. 301.26 (8) of the statutes is amended to read:

AB40-ASA1,1220,24 301.26 (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 2009 2011, $1,333,400 in 2010 2012, and $666,700 in the first 6 months of 2011 2013 for alcohol and other drug abuse treatment programs.

AB40-ASA1, s. 3014m Section 3014m. 301.328 (1m) of the statutes is created to read:

AB40-ASA1,1221,6 301.328 (1m) No prisoner may receive more than $100 annually in litigation loans, except that any amount of the debt the prisoner repays during the year may be advanced to the prisoner again without counting against the $100 litigation loan limit. No prisoner may receive a litigation loan in any amount until he or she has repaid a prior loan in full or has made arrangements for repayment with the warden of the institution.

AB40-ASA1, s. 3017 Section 3017. 302.045 (1) of the statutes is amended to read:

AB40-ASA1,1221,23 302.045 (1) Program. The department shall provide a challenge incarceration program for inmates selected to participate under sub. (2). The program shall provide participants with manual labor, personal development counseling, substance abuse treatment and education, military drill and ceremony, 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 program shall provide, according to each participant's needs as assessed under sub. (2) (d), substance abuse treatment and education, including intensive intervention when indicated, personal development counseling, education, employment readiness training, and other treatment options that are directly related to the participant's criminal behavior. The department shall design the program to include not less fewer 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.

AB40-ASA1, s. 3018 Section 3018. 302.045 (2) (d) of the statutes is repealed and recreated to read:

AB40-ASA1,1222,2 302.045 (2) (d) The department determines, during assessment and evaluation, that the inmate has a substance abuse problem.

AB40-ASA1, s. 3019 Section 3019. 302.045 (3) of the statutes is amended to read:

AB40-ASA1,1222,11 302.045 (3) Parole eligibility. Except as provided in sub. (4), if the department determines that an inmate serving a sentence other than one imposed under s. 973.01 has successfully completed the challenge incarceration program, the earned release review parole commission shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served. When the earned release review parole commission grants parole under this subsection, it must require the parolee to participate in an intensive supervision program appropriate to the parolee's rehabilitation needs for drug abusers as a condition of parole.

AB40-ASA1, s. 3020 Section 3020. 302.045 (3m) (d) of the statutes is repealed.

AB40-ASA1, s. 3021 Section 3021. 302.05 (title) of the statutes is amended to read:

AB40-ASA1,1222,14 302.05 (title) Wisconsin earned release substance abuse program.

AB40-ASA1, s. 3022 Section 3022. 302.05 (1) of the statutes is renumbered 302.05 (1) (am) (intro.) and amended to read:

AB40-ASA1,1223,2 302.05 (1) (am) (intro.) The department of corrections shall, at any correctional facility the department determines is appropriate, provide a rehabilitation program for inmates for the purposes of the earned release program described in sub. (3). and the department of health services may designate a section of a mental health institute as a correctional treatment facility for the treatment of substance abuse of inmates transferred from Wisconsin state prisons. This section shall be administered by the department of corrections and shall be known as the Wisconsin substance abuse program. The department of corrections and the department of health services shall ensure that the residents at the institution and the residents in the substance abuse program:

AB40-ASA1, s. 3023 Section 3023. 302.05 (1) (am) 1. of the statutes is created to read:

AB40-ASA1,1223,6 302.05 (1) (am) 1. Have access to all facilities that are available at the institution and are necessary for the treatment programs designed by the departments.

AB40-ASA1, s. 3024 Section 3024. 302.05 (1) (am) 2. of the statutes is created to read:

AB40-ASA1,1223,8 302.05 (1) (am) 2. Are housed on separate wards.

AB40-ASA1, s. 3025 Section 3025. 302.05 (1) (b) of the statutes is created to read:

AB40-ASA1,1223,13 302.05 (1) (b) The department of corrections and the department of health services shall, at any correctional facility the departments determine is appropriate, provide a substance abuse treatment program for inmates for the purposes of the earned release program described in sub. (3).

AB40-ASA1, s. 3026 Section 3026. 302.05 (2) of the statutes is amended to read:

AB40-ASA1,1223,17 302.05 (2) Transfer to a correctional treatment facility for participation in a program described in sub. (1) the treatment of substance abuse shall be considered a transfer under s. 302.18.

AB40-ASA1, s. 3027 Section 3027. 302.05 (3) (b) of the statutes is amended to read:

AB40-ASA1,1224,2 302.05 (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 a rehabilitation treatment program described in sub. (1), the earned release review parole commission shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served. If the earned release review parole commission grants parole under this paragraph, it shall require the parolee to participate in an intensive supervision program appropriate to the parolee's rehabilitation needs for drug abusers as a condition of parole.

AB40-ASA1, s. 3028 Section 3028. 302.05 (3) (c) 1. of the statutes is amended to read:

AB40-ASA1,1224,8 302.05 (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 a rehabilitation treatment program described in sub. (1), the department shall inform the court that sentenced the inmate.

AB40-ASA1, s. 3029 Section 3029. 302.05 (3) (c) 2. (intro.) of the statutes, is amended to read:

AB40-ASA1,1224,13 302.05 (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 a rehabilitation treatment program described in sub. (1), the court shall modify the inmate's bifurcated sentence as follows:

AB40-ASA1, s. 3030 Section 3030. 302.05 (3) (c) 3. of the statutes is repealed.

AB40-ASA1, s. 3031 Section 3031. 302.05 (3) (d) of the statutes is amended to read:

AB40-ASA1,1224,18 302.05 (3) (d) The department may place intensive sanctions program participants in a rehabilitation treatment program described in sub. (1), but pars. (b) and (c) do not apply to those participants.

AB40-ASA1, s. 3032 Section 3032. 302.11 (1g) (b) (intro.) of the statutes is amended to read:

AB40-ASA1,1225,2 302.11 (1g) (b) (intro.) Before an incarcerated inmate with a presumptive mandatory release date reaches the presumptive mandatory release date specified under par. (am), the earned release review parole commission shall proceed under s. 304.06 (1) to consider whether to deny presumptive mandatory release to the inmate. If the earned release review parole commission does not deny presumptive mandatory release, the inmate shall be released on parole. The earned release review parole commission may deny presumptive mandatory release to an inmate only on one or more of the following grounds:

AB40-ASA1, s. 3033 Section 3033. 302.11 (1g) (b) 2. of the statutes is amended to read:

AB40-ASA1,1225,10 302.11 (1g) (b) 2. Refusal by the inmate to participate in counseling or treatment that the social service and clinical staff of the institution determines is necessary for the inmate, including pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen if the inmate is a serious child sex offender as defined in s. 304.06 (1q) (a). The earned release review parole commission may not deny presumptive mandatory release to an inmate because of the inmate's refusal to participate in a rehabilitation program under s. 301.047.

AB40-ASA1, s. 3034 Section 3034. 302.11 (1g) (c) of the statutes is amended to read:

AB40-ASA1,1225,15 302.11 (1g) (c) If the earned release review parole commission denies presumptive mandatory release to an inmate under par. (b), the earned release review parole commission shall schedule regular reviews of the inmate's case to consider whether to parole the inmate under s. 304.06 (1).

AB40-ASA1, s. 3035 Section 3035. 302.11 (1g) (d) of the statutes is amended to read:

AB40-ASA1,1225,19 302.11 (1g) (d) An inmate may seek review of a decision by the earned release review parole commission relating to the denial of presumptive mandatory release only by the common law writ of certiorari.

AB40-ASA1, s. 3036 Section 3036. 302.11 (1m) of the statutes is amended to read:

AB40-ASA1,1225,23 302.11 (1m) An inmate serving a life term is not entitled to mandatory release. Except as provided in ss. 939.62 (2m) (c) and 973.014, the earned release review parole commission may parole the inmate as specified in s. 304.06 (1).

AB40-ASA1, s. 3037 Section 3037. 302.11 (7) (c) of the statutes is amended to read:

AB40-ASA1,1226,3 302.11 (7) (c) The earned release review parole commission may subsequently parole, under s. 304.06 (1), and the department may subsequently parole, under s. 304.02, a parolee who is returned to prison for violation of a condition of parole.

AB40-ASA1, s. 3038 Section 3038. 302.113 (1) of the statutes is amended to read:

AB40-ASA1,1226,15 302.113 (1) An inmate is subject to this section if he or she is serving a bifurcated sentence imposed under s. 973.01. An inmate convicted of a misdemeanor or of a Class F to Class I felony that is not a violent offense, as defined in s. 301.048 (2) (bm) 1., and who is eligible for positive adjustment time under sub. (2) (b) pursuant to s. 973.01 (3d) (b) may be released to extended supervision under sub. (2) (b) or (9h). An inmate convicted of a Class C to Class E felony or a Class F to Class I felony that is a violent offense, as defined in s. 301.048 (2) (bm) 1., or a Class F to Class I felony that is not a violent offense, as defined under s. 301.048 (2) (bm) 1., but who is ineligible for positive adjustment time under sub. (2) (b) pursuant to s. 973.01 (3d) (b) may be released to extended supervision only under sub. (2) (a) or (9h) or s. 304.06.

AB40-ASA1, s. 3039 Section 3039. 302.113 (2) (a) of the statutes is renumbered 302.113 (2) and amended to read:

AB40-ASA1,1226,24 302.113 (2) Except as provided in par. (b) and subs. (3) and (9) and s. 304.06, 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 department under sub. (9h), as modified under s. 302.1135 by the earned release review commission in the manner specified in s. 302.1135 (6) (a), or 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), or 973.198, if applicable.

AB40-ASA1, s. 3040 Section 3040. 302.113 (2) (b) of the statutes is repealed.

AB40-ASA1, s. 3041 Section 3041. 302.113 (2) (c) of the statutes is repealed.

AB40-ASA1, s. 3042 Section 3042. 302.113 (3) (d) of the statutes is amended to read: