Amendment ASA1-AB40

AB40-ASA1,1227,17 938.30 (2m) Biological specimen. If the juvenile is before the court on the basis of a violation that would be a felony if committed by an adult in this state, the court shall determine if a biological specimen has been obtained from the juvenile under s. 165.84 (7), and if not, the court shall direct that a law enforcement agency or tribal law enforcement agency obtain a biological specimen from the juvenile and submit it to the state crime laboratories as specified in rules promulgated by the department of justice under s. 165.76 (4). If the court requires the juvenile to provide a specimen under this subsection or if a biological specimen has already been obtained from the juvenile, the court shall inform the juvenile that he or she may request expungement under s. 165.77 (4).

AB40-ASA1,2325q Section 2325q. 938.34 (3) (f) 1. of the statutes is amended to read:

AB40-ASA1,1227,24 938.34 (3) (f) 1. The placement may be for any combination of single or consecutive days totalling not more than 180 365, including any placement under pars. (a) to (e). The juvenile shall be given credit against the period of detention or nonsecure custody imposed under this paragraph for all time spent in secure detention in connection with the course of conduct for which the detention or nonsecure custody was imposed.

AB40-ASA1,2326 Section 2326. 938.34 (6m) of the statutes is amended to read:

AB40-ASA1,1228,7 938.34 (6m) Coordinated services plan of care. If the report prepared under s. 938.33 (1) recommends that the juvenile is in need of a coordinated services plan of care and if an initiative under s. 46.56 has been established in for the county or, if applicable, by for a tribe, order that an assessment of the juvenile and the juvenile's family for eligibility for and appropriateness of the initiative, and if eligible for enrollment in the initiative, that a coordinated services plan of care be developed and implemented.

AB40-ASA1,2327 Section 2327. 938.34 (15) (a) 1. of the statutes is amended to read:

AB40-ASA1,1228,16 938.34 (15) (a) 1. If the juvenile is adjudicated delinquent on the basis of a violation that would be a felony if committed by an adult in this state or of a violation of s. 940.225, 948.02 (1) or (2), 948.025, or 948.085 (2) (3m), 941.20 (1), 944.20, 944.30, 944.31, 944.33 (1), 946.52, or 948.10 (1) (b), the court shall require the juvenile to provide comply with the requirement under s. 165.76 (1) (am) by providing a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. The court shall inform the juvenile that he or she may request expungement under s. 165.77 (4).

AB40-ASA1,2328 Section 2328. 938.34 (15) (a) 2. of the statutes is repealed.

AB40-ASA1,2328c Section 2328c. 938.34 (15) (a) 3. of the statutes is amended to read:

AB40-ASA1,1228,21 938.34 (15) (a) 3. The results from deoxyribonucleic acid analysis of a specimen under subd. 1. or 2. may be used only as authorized under s. 165.77 (3). The state crime laboratories shall destroy any such specimen in accordance with s. 165.77 (3).

AB40-ASA1,2329 Section 2329. 938.34 (15) (b) of the statutes is amended to read:

AB40-ASA1,1229,2 938.34 (15) (b) The department of justice shall promulgate rules providing procedures for juveniles to provide specimens Biological samples required under par. (a) and for the transportation of the specimens to the state crime laboratories under s. 165.77 1. shall be obtained and submitted as specified in rules promulgated by the department of justice under s. 165.76 (4).

AB40-ASA1,2333q Section 2333q. 938.363 (1) (b) of the statutes is amended to read:

AB40-ASA1,1229,17 938.363 (1) (b) If a hearing is held, at least 3 days before the hearing the court shall notify the juvenile, the juvenile's parent, guardian, and legal custodian, all parties bound by the dispositional order, the juvenile's foster parent or other physical custodian described in s. 48.62 (2), and the district attorney or corporation counsel in the county in which the dispositional order was entered. If the juvenile is an Indian juvenile who is in need of protection or services under s. 938.13 (4), (6), (6m), or (7), the court shall also notify the Indian juvenile's Indian custodian and, if that juvenile is placed outside the home of his or her parent or Indian custodian, the Indian juvenile's tribe. A copy of the request or proposal shall be attached to the notice. If all parties consent, the court may proceed immediately with the hearing. No revision may extend the effective period of the original order, or revise an original order under s. 938.34 (6) (am) to impose more than a total of 30 days, or under s. 938.34 (3) (f) to impose more than a total of 180 365 days, of detention, nonsecure custody, or inpatient treatment on a juvenile.

AB40-ASA1,2336 Section 2336. 938.48 (4) of the statutes is amended to read:

AB40-ASA1,1230,7 938.48 (4) Care, training, and placement. Provide appropriate care and training for juveniles under its supervision under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (4), including serving those juveniles in their own homes, placing them in licensed foster homes or licensed group homes under s. 48.63 or in independent living situations as provided in s. 938.34 (3) (e), contracting for their care by licensed child welfare agencies, or replacing them in juvenile correctional facilities or secured residential care centers for children and youth in accordance with rules promulgated under ch. 227, except that the department may not purchase the educational component of private day treatment programs for a juvenile in its custody unless the department, the school board, as defined in s. 115.001 (7), and the state superintendent of public instruction all determine that an appropriate public education program is not available for the juvenile. Disputes between the department and the school district shall be resolved by the state superintendent of public instruction.

AB40-ASA1,2336f Section 2336f. 938.78 (2) (b) 1. of the statutes is amended to read:

AB40-ASA1,1231,4 938.78 (2) (b) 1. Paragraph (a) does not apply to the confidential exchange of information between an agency and another social welfare agency, a law enforcement agency, the victim-witness coordinator, a fire investigator under s. 165.55 (15), a health care provider, as defined in s. 146.81 (1) (a) to (p), a public school district or a private school regarding an individual in the care or legal custody of the agency. A social welfare agency that obtains information under this paragraph shall keep the information confidential as required under this section and s. 48.78. A law enforcement agency, victim-witness coordinator, or fire investigator, that obtains information under this paragraph shall keep the information confidential as required under ss. 48.396 (1) and 938.396 (1) (a). A health care provider that obtains information under this paragraph shall keep the information confidential as provided under s. 146.82. A public school that obtains information under this paragraph shall keep the information confidential as required under s. 118.125, and a private school that obtains information under this paragraph shall keep the information confidential in the same manner as is required of a public school under s. 118.125. Paragraph (a) does not apply to the confidential exchange of information between an agency and officials of a tribal school regarding an individual in the care or legal custody of the agency if the agency determines that enforceable protections are provided by a tribal school policy or tribal law that requires tribal school officials to keep the information confidential in a manner at least as stringent as is required of a public school official under s. 118.125.

AB40-ASA1,2339 Section 2339. 950.06 (2) of the statutes is amended to read:

AB40-ASA1,1231,13 950.06 (2) The costs of providing services under sub. (1m) shall be paid for by the county, but the county is eligible to receive reimbursement from the state for not more than 90% of the costs incurred in providing those services. The department shall determine the level of services for which a county may be reimbursed. The county board shall file a claim for reimbursement with the department. The department shall reimburse counties under this subsection from the appropriation appropriations under s. 20.455 (5) (k), (kk) and (kp) and, on a semiannual basis, from the appropriations appropriation under s. 20.455 (5) (c) and (g).

AB40-ASA1,2340 Section 2340. 961.41 (5) (c) 2. of the statutes is amended to read:

AB40-ASA1,1231,18 961.41 (5) (c) 2. All moneys in excess of $850,000 and up to $1,275,000 plus one-third of moneys in excess of $1,275,000 collected in each fiscal year from drug surcharges under this subsection shall be credited to the appropriation account under s. 20.505 (6) (ku) 20.455 (2) (kv).

AB40-ASA1,2341 Section 2341. 961.472 (5) (b) of the statutes is amended to read:

AB40-ASA1,1231,23 961.472 (5) (b) The person is participating in a substance abuse treatment program that meets the requirements of s. 16.964 (12) (c) 165.95 (3), as determined by the office of justice assistance department of justice under s. 16.964 (12) (i) 165.95 (9) and (10).

AB40-ASA1,2342 Section 2342. 967.11 (1) of the statutes is amended to read:

AB40-ASA1,1232,4 967.11 (1) In this section, "approved substance abuse treatment program" means a substance abuse treatment program that meets the requirements of s. 16.964 (12) (c) 165.95 (3), as determined by the office of justice assistance department of justice under s. 16.964 (12) (i) 165.95 (9) and (10).

AB40-ASA1,2342c Section 2342c. 969.02 (2) of the statutes is amended to read:

AB40-ASA1,1232,12 969.02 (2) In lieu of release pursuant to sub. (1), the judge may require the execution of an appearance bond with sufficient solvent sureties, or the deposit of cash in lieu of sureties. If the judge requires the execution of an appearance bond under this subsection, he or she shall determine whether the bond may be posted by a bail bond agent or bail bond agency that is licensed under s. 440.282 (1) or (2). If the judge requires a deposit of cash in lieu of sureties, the person making the cash deposit shall be given written notice of the requirements of sub. (6).

AB40-ASA1,2342g Section 2342g. 969.03 (1) (d) of the statutes is amended to read:

AB40-ASA1,1232,20 969.03 (1) (d) Require the execution of an appearance bond with sufficient solvent sureties, or the deposit of cash in lieu of sureties. If the judge requires the execution of an appearance bond under this paragraph, he or she shall determine whether the bond may be posted by a bail bond agent or bail bond agency that is licensed under s. 440.282 (1) or (2). If the judge requires a deposit of cash in lieu of sureties, the person making the cash deposit shall be given written notice of the requirements of sub. (4).

AB40-ASA1,2342n Section 2342n. 969.12 (1) of the statutes is repealed.

AB40-ASA1,2342r Section 2342r. 969.12 (2) of the statutes is amended to read:

AB40-ASA1,1233,4 969.12 (2) A surety under this chapter shall be a natural person, except who is a resident of this state or a surety under s. 345.61 or, subject to s. 969.02 (2) or 969.03 (1) (d), a bail bond agent or bail bond agency that is licensed under s. 440.282 (1) or (2). No surety under this chapter may be compensated for acting as such a surety, except that a bail bond agent or bail bond agency that is licensed under s. 440.282 (1) or (2) shall be compensated at a rate of 10 percent of the amount of the bond set.

AB40-ASA1,2342w Section 2342w. 969.15 of the statutes is created to read:

AB40-ASA1,1233,10 969.15 Pretrial release; reports. (1) The director of state courts shall create and make available to the clerks of court in Dane, Kenosha, Milwaukee, Racine, and Waukesha counties forms for reporting under this section and shall prescribe a schedule for the clerks of court to return the completed forms. The director of state courts shall require, at a minimum, annual reports from the clerks of the counties.

AB40-ASA1,1233,14 (2) The clerks of court in Dane, Kenosha, Milwaukee, Racine, and Waukesha counties shall, using the forms provided by the director of state courts and according to the schedule prescribed by the director of state courts, provide the following information to the director of state courts:

AB40-ASA1,1233,16 (a) The number of persons charged in the county released pursuant to s. 969.02 (1).

AB40-ASA1,1233,21 (b) The number of persons charged in the county released pursuant to s. 969.02 (2) and the amount of the appearance bond required. For each person released pursuant to s. 969.02 (2) who used a surety, whether the surety is a natural person, a surety under s. 345.61, or a bail bond agent or bail bond agency that is licensed under s. 440.282 (1) or (2).

AB40-ASA1,1233,23 (c) The number of persons charged in the county released pursuant to s. 969.03 (1) without bail or upon the execution of an unsecured appearance bond.

AB40-ASA1,1234,4 (d) The number of persons charged in the county released pursuant to s. 969.03 (1) upon the execution of an appearance bond under s. 969.03 (1) (d), and the amount of the appearance bond required. For each person released pursuant to s. 969.03 (1) upon the execution of an appearance bond under s. 969.03 (1) (d) who used a surety, whether the surety is a natural person, a surety under s. 345.61, or a bail bond agent or bail bond agency that is licensed under s. 440.282 (1) or (2).

AB40-ASA1,1234,9 (e) The number of court orders entered under s. 969.13 (1) because a person failed to make a required court appearance and, for each order counted under this paragraph, whether the person who forfeited bail had used a surety who is a natural person, a surety under s. 345.61, or a bail bond agent or bail agency that is licensed under s. 440.282 (1) or (2).

AB40-ASA1,1234,12 (f) The amounts of bail forfeited and subsequently collected and a description of how the collected amounts were allocated by the clerk of courts and the county treasurer.

AB40-ASA1,1234,13 (g) The amounts of bail forfeited and not collected.

AB40-ASA1,1234,16 (h) The disposition of the case against every person subject to an order counted under par. (e), including a statement as to whether, when, and by whom the person was located after he or she failed to make a required court appearance.

AB40-ASA1,1234,18 (i) A statement as to the time and cost expended by the county to locate a person subject to an order counted under par. (e).

AB40-ASA1,1234,22 (3) The director of state courts shall, no later than 4 years and 4 months after the effective date of this subsection .... [LRB inserts date], submit to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), a report summarizing the reports prepared by the clerks of court pursuant to sub. (2).

AB40-ASA1,2343 Section 2343. 970.02 (8) of the statutes is created to read:

AB40-ASA1,1235,7 970.02 (8) If the offense charged is a felony, the judge shall determine if a biological specimen has been obtained from the defendant under s. 165.84 (7), and, if not, the judge shall direct that a law enforcement agency or tribal law enforcement agency obtain a biological specimen from the defendant and submit it to the state crime laboratories as specified in rules promulgated by the department of justice under s. 165.76 (4). If the judge requires the defendant to provide a specimen under this subsection or if a biological specimen has already been obtained from the defendant, the judge shall inform the defendant that he or she may request expungement under s. 165.77 (4).

AB40-ASA1,2344 Section 2344. 971.17 (1m) (a) of the statutes is renumbered 971.17 (1m) (a) 1. and amended to read:

AB40-ASA1,1235,15 971.17 (1m) (a) 1. If the defendant under sub. (1) is found not guilty by reason of mental disease or defect for a felony or a violation of s. 165.765 (1), 2011 stats., or of s. 940.225 (3m), 941.20 (1), 944.20, 944.30, 944.31, 944.33 (1), 946.52, or 948.10 (1) (b), the court shall require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. The judge shall inform the person that he or she may request expungement under s. 165.77 (4).

AB40-ASA1,2344c Section 2344c. 971.17 (1m) (a) 2. of the statutes is created to read:

AB40-ASA1,1235,19 971.17 (1m) (a) 2. Biological specimens required under subd. 1. shall be obtained and submitted as specified in rules promulgated by the department of justice under s. 165.76 (4).

AB40-ASA1,2345 Section 2345. 973.042 (3) of the statutes is repealed.

AB40-ASA1,2346 Section 2346. 973.042 (5) of the statutes is amended to read:

AB40-ASA1,1236,2 973.042 (5) The secretary of administration shall credit part A of the surcharge to the appropriation account under s. 20.410 (1) (gj). The secretary of administration shall credit part B of the surcharge to the appropriation account under s. 20.455 (2) (5) (gj). The secretary of administration shall credit part C of the surcharge to the appropriation account under s. 20.505 (6) (gj).

AB40-ASA1,2347 Section 2347. 973.043 (3) of the statutes is amended to read:

AB40-ASA1,1236,6 973.043 (3) All moneys collected from drug offender diversion surcharges shall be credited to the appropriation account under s. 20.505 (6) (ku) 20.455 (2) (kv) and used for the purpose of making grants to counties under s. 16.964 (12) 165.95.

AB40-ASA1,2348 Section 2348. 973.045 (1) of the statutes is amended to read:

AB40-ASA1,1236,12 973.045 (1) If a court imposes a sentence or places a person on probation, the court shall impose a crime victim and witness assistance surcharge . A surcharge imposed under this subsection may not be waived, reduced, or forgiven for any reason. The surcharge is the total amount calculated by adding up the amount for every misdemeanor count and every felony count as follows:

AB40-ASA1,1236,13 (a) For each misdemeanor offense or count on which a conviction occurred, $67.

AB40-ASA1,1236,14 (b) For each felony offense or count on which a conviction occurred, $92.

AB40-ASA1,2349 Section 2349. 973.045 (1r) of the statutes is repealed.

AB40-ASA1,2350 Section 2350. 973.045 (2) of the statutes is amended to read:

AB40-ASA1,1236,22 973.045 (2) After the clerk determines the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration under s. 59.25 (3) (f) 2. The secretary of administration shall credit to the appropriation account under s. 20.455 (5) (g) the amount paid to the secretary by the county treasurer under this subsection and any amount collected under sub. (4).

AB40-ASA1,2351 Section 2351. 973.045 (2m) of the statutes is repealed.

AB40-ASA1,2352 Section 2352. 973.045 (3) of the statutes is repealed.

AB40-ASA1,2352m Section 2352m. 973.0455 of the statutes is created to read:

AB40-ASA1,1237,5 973.0455 Crime prevention funding board surcharge. (1) If a court imposes a sentence or places a person on probation, the court shall impose a crime prevention funding board surcharge. The surcharge is the total amount calculated by adding up, for each misdemeanor or felony count on which a conviction occurred, $20.

AB40-ASA1,1237,8 (2) After the clerk determines the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (n). The county treasurer shall then distribute the moneys under s. 59.25 (3) (gm).

AB40-ASA1,2353 Section 2353. 973.046 (1g) of the statutes is repealed.

AB40-ASA1,2354 Section 2354. 973.046 (1r) of the statutes is renumbered 973.046 (1r) (intro.) and amended to read:

AB40-ASA1,1237,15 973.046 (1r) (intro.) If a court imposes a sentence or places a person on probation for a violation of s. 940.225, 948.02 (1) or (2), 948.025, 948.085, the court shall impose a deoxyribonucleic acid analysis surcharge of $250., calculated as follows:

AB40-ASA1,2355 Section 2355. 973.046 (1r) (a) and (b) of the statutes are created to read:

AB40-ASA1,1237,17 973.046 (1r) (a) For each conviction for a felony, $250.

AB40-ASA1,1237,18 (b) For each conviction for a misdemeanor, $200.

AB40-ASA1,2356 Section 2356. 973.047 (1f) of the statutes is amended to read:

AB40-ASA1,1237,25 973.047 (1f) If a court imposes a sentence or places a person on probation for a felony conviction or for a conviction for a violation of s. 165.765 (1), 940.225 (3m), 944.20, or 948.10 (1) (b), the court shall require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. The court shall inform the person that he or she may request expungement under s. 165.77 (4).

AB40-ASA1,2357 Section 2357. 973.047 (1m) of the statutes is amended to read:

AB40-ASA1,1238,5 973.047 (1m) The results from deoxyribonucleic acid analysis of a specimen provided under this section may be used only as authorized under s. 165.77 (3). The state crime laboratories shall destroy any such specimen in accordance with s. 165.77 (3).

AB40-ASA1,2358 Section 2358. 973.047 (2) of the statutes is amended to read:

AB40-ASA1,1238,12 973.047 (2) The department of justice shall promulgate rules providing for procedures for defendants to provide specimens when Biological samples required to do so under this section and for the transportation of those specimens to the state crime laboratories for analysis under s. 165.77 sub. (1f) shall be obtained and submitted as specified in rules promulgated by the department of justice under s. 165.76 (4).

AB40-ASA1,2358m Section 2358m. 973.05 (2m) (jr) of the statutes is created to read:

AB40-ASA1,1238,15 973.05 (2m) (jr) To payment of the crime prevention funding board surcharge until paid in full.

AB40-ASA1,2359 Section 2359. 973.09 (3) (bg) of the statutes is created to read:

AB40-ASA1,1239,2 973.09 (3) (bg) 1. At least 90 days before the expiration date of a probationer's period of probation, the department shall notify the sentencing court and district attorney that a probationer owes an unpaid surcharge imposed under s. 973.045. Upon receiving notice from the department, the court shall schedule a probation review hearing to be held before the expiration date of the period of probation unless the probationer either pays the unpaid surcharge before the scheduled hearing date or voluntarily waives the hearing. A waiver of a probation review hearing under this paragraph must include an acknowledgment by the probationer that waiver may result in an extension of the probation period, a modification of the terms and conditions of probation, or a revocation of probation.

AB40-ASA1,1239,6 2. If the court does not extend probation, the court shall issue a judgment for the unpaid surcharge and direct the clerk of circuit court to file and enter the judgment in the judgment and lien docket. The judgment has the same force and effect as judgments entered under s. 806.10.

AB40-ASA1,1239,12 3. At a probation review hearing scheduled under subd. 1., the department has the burden of proving that the probationer owes an unpaid surcharge imposed under s. 973.045 and the amount of the unpaid surcharge. If the department proves by a preponderance of the evidence that the probationer owes an unpaid surcharge under s. 973.045, the court may, by order, extend the period of probation for a stated period or modify the terms and conditions of probation.

AB40-ASA1,1239,19 4. If the court does not extend or modify the terms of probation under subd. 3., the court shall issue a judgment for the unpaid surcharge and direct the clerk of circuit court to file and enter the judgment in the judgment and lien docket without fee. If the court issues a judgment for the unpaid surcharge, the court shall send to the department a written notification that a civil judgment has been issued for the unpaid fees. The judgment has the same force and effect as judgments entered under s. 806.10.

AB40-ASA1,2360 Section 2360. 973.155 (1m) of the statutes is amended to read: