AB100: Bill Text

AB100,1556,21 301.26 (4) (d) 2. Beginning on July 1, 1997, and ending on December 31, 1997, the per person daily cost assessment to counties shall be $137.52 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $137.52 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $160.22 for care in a child caring institution, including a secured child caring institution, $111.16 for care in a group home, $24.78 for care in a foster home, $71.35 for care in a treatment foster home, $77.75 for departmental corrective sanctions services and $15.55 for departmental aftercare services.

AB100, s. 3842 Section 3842. 301.26 (4) (d) 3. of the statutes is created to read:

AB100,1557,5 301.26 (4) (d) 3. In calendar year 1998, the per person daily cost assessment to counties shall be $147.40 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $147.40 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $161.79 for care in a child caring institution, including a secured child caring institution, $112.25 for care in a group home, $25.02 for care in a foster home, $72.05 for care in a treatment foster home, $69.16 for departmental corrective sanctions services and $15.25 for departmental aftercare services.

AB100, s. 3843 Section 3843. 301.26 (4) (d) 3m. of the statutes is repealed.

AB100, s. 3844 Section 3844. 301.26 (4) (d) 4. of the statutes is amended to read:

AB100,1557,16 301.26 (4) (d) 4. Beginning on January 1, 1997 1999, and ending on June 30, 1997 1999, the per person daily cost assessment to counties shall be $133.82 $151.32 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $133.82 $151.32 for care for children juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $157.08 $163.36 for care in a child caring institution, including a secured child caring institution, $108.98 $113.34 for care in a group home for children, $24.29 $25.26 for care in a foster home, $69.95 $72.75 for care in a treatment foster home, $82.11 $62.81 for departmental corrective sanctions services and $14.95 $14.96 for departmental aftercare services.

AB100, s. 3845 Section 3845. 301.26 (4) (dt) of the statutes is amended to read:

AB100,1557,20 301.26 (4) (dt) For serious juvenile offender services, all uniform fee collections under s. 46.03 301.03 (18) shall be deposited in the appropriation account under s. 20.410 (3) (hm).

AB100, s. 3846 Section 3846. 301.26 (4) (e) of the statutes is amended to read:

AB100,1558,2 301.26 (4) (e) For foster care, treatment foster care, group home care and institutional child care to delinquent children juveniles under ss. 49.19 (10) (d), 938.48 (4) and (14) and 938.52 all payments and deductions made under this subsection and uniform fee collections under s. 46.03 301.03 (18) shall be deposited in credited to the appropriation account under s. 20.410 (3) (ho).

AB100, s. 3847 Section 3847. 301.26 (4) (ed) of the statutes is amended to read:

AB100,1558,7 301.26 (4) (ed) For foster care, treatment foster care, group home care and institutional child care to serious juvenile offenders under ss. 49.19 (10) (d), 938.48 (4) and (14) and 938.52 all uniform fee collections under s. 46.03 301.03 (18) shall be deposited in credited to the appropriation account under s. 20.410 (3) (ho).

AB100, s. 3848 Section 3848. 301.26 (4) (eg) of the statutes is amended to read:

AB100,1558,12 301.26 (4) (eg) For corrective sanctions services under s. 938.533 (2), all payments and deductions made under this subsection and uniform fee collections under s. 46.03 301.03 (18) shall be deposited in credited to the appropriation account under s. 20.410 (3) (hr).

AB100, s. 3849 Section 3849. 301.26 (4) (g) of the statutes is amended to read:

AB100,1558,18 301.26 (4) (g) For juvenile field and institutional aftercare services under ch. 938 and for the office of juvenile offender review program, all payments and deductions made under this subsection and uniform fee collections under s. 46.03 301.03 (18) shall be deposited in the general fund and shall be treated as a nonappropriated receipt.

AB100, s. 3850 Section 3850. 301.26 (6) (a) of the statutes is amended to read:

AB100,1558,23 301.26 (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) and (oo) (ko) for purposes described in this section.

AB100, s. 3851 Section 3851. 301.26 (7) (intro.) of the statutes is amended to read:

AB100,1559,5 301.26 (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 (oo) (ko), the department shall allocate funds for community youth and family aids for the period beginning on July 1, 1996 1997, and ending on June 30, 1997 1998, as provided in this subsection to county departments under ss. 46.215, 46.22 and 46.23 as follows:

AB100, s. 3852 Section 3852. 301.263 (title) of the statutes is renumbered 46.263 (title).

AB100, s. 3853 Section 3853. 301.263 (1) of the statutes is renumbered 46.263 (1) and amended to read:

AB100,1559,12 46.263 (1) From the appropriation under s. 20.410 20.435 (3) (f), the department shall distribute $3,750,000 in each year to counties for early intervention services for first offenders and for intensive community-based intervention services for seriously chronic offenders.

AB100, s. 3854 Section 3854. 301.263 (2) of the statutes is renumbered 46.263 (2).

AB100, s. 3855 Section 3855. 301.263 (3) of the statutes is renumbered 46.263 (3).

AB100, s. 3856 Section 3856. 301.265 (2) of the statutes is amended to read:

AB100,1559,20 301.265 (2) From the appropriation under s. 20.410 (3) (p) (kp), the department shall allocate may not distribute more than $300,000 in each fiscal year to the organization that it has contracted with under sub. (1) for alcohol and other drug abuse education and treatment services for participants in that organization's youth diversion program.

AB100, s. 3857 Section 3857. 301.32 (1) of the statutes is amended to read:

AB100,1560,13 301.32 (1) Property delivered to steward; credit and debit. All money including wages and other property delivered to an officer or employe of any institution for the benefit of a prisoner or resident shall be delivered to the steward, who shall enter the property upon his or her books to the credit of the prisoner or resident. The property may be used only under the direction and with the approval of the superintendent or warden and for the crime victim and witness assistance surcharge under s. 973.045 (4), the delinquency victim and witness assistance surcharge under s. 938.34 (8d) (c), the deoxyribonucleic acid analysis surcharge under s. 973.046 or the benefit of the prisoner or resident. If the money remains uncalled for for one year after the prisoner's or resident's death or departure from the institution, the superintendent shall deposit it in the general fund. If any prisoner or resident leaves property, other than money, uncalled for at an institution for one year, the superintendent shall sell the property and deposit the proceeds in the general fund. If any person satisfies the department, within 5 years after the deposit, of his or her right to the deposit, the department shall direct the department of administration to draw its warrant in favor of the claimant and it shall charge the same to the appropriation made by s. 20.913 (3) (bm).

AB100, s. 3858 Section 3858. 301.32 (3) (a) of the statutes is amended to read:

AB100,1560,20 301.32 (3) (a) All money or other property paid or delivered to a probation, community supervision and parole agent or other employe of the department by or for the benefit of any person on probation, community supervision or parole shall be immediately transmitted to the department and it shall enter the same upon its books to his or her credit. The property shall be used only under the direction of the department.

AB100, s. 3859 Section 3859. 301.32 (3) (b) of the statutes is amended to read:

AB100,1560,25 301.32 (3) (b) If the person on probation, community supervision or parole absconds, the money shall be credited to the revolving fund created by s. 304.075; and other property if not called for within one year shall be sold by the department and the proceeds shall be credited to the fund.

AB100, s. 3860 Section 3860. 301.35 (2) (bm) of the statutes is created to read:

AB100,1561,2 301.35 (2) (bm) A person on community supervision.

AB100, s. 3861 Section 3861. 301.38 (1) (am) of the statutes is amended to read:

AB100,1561,7 301.38 (1) (am) "Prisoner" has the meaning given in s. 301.01 (2), but does not include any person in the intensive sanctions program under s. 301.048 or any person who is imprisoned as an alternative to the revocation of probation , community supervision or parole.

AB100, s. 3862 Section 3862. 301.38 (4) of the statutes is amended to read:

AB100,1561,20 301.38 (4) The department shall design and prepare cards for any person specified in sub. (2) to send to the department. The cards shall have space for any such person to provide his or her name, telephone number and mailing address, the name of the applicable prisoner and any other information that the department determines is necessary. The department shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to persons specified in sub. (2). These persons may send completed cards to the department. All department records or portions of records that relate to telephone numbers and mailing addresses of these persons are not subject to inspection or copying under s. 19.35 (1), but the department shall provide information from records kept under this subsection in response to a request for information made under s. 49.22 (2m).

AB100, s. 3863 Section 3863. 301.45 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

AB100,1562,4 301.45 (1) (b) Is in prison, a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or on probation, community supervision, parole, supervision or aftercare supervision on or after December 25, 1993, for any violation, or for the solicitation, conspiracy or attempt to commit any violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30, or of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent.

AB100, s. 3864 Section 3864. 301.45 (1) (bm) of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB100,1562,14 301.45 (1) (bm) Is in prison, a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or on probation, community supervision, parole, supervision or aftercare supervision on or after December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of a law of this state that is comparable to s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30 or that is comparable to a violation of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent.

AB100, s. 3865 Section 3865. 301.45 (1) (dh) of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB100,1562,23 301.45 (1) (dh) Is on parole, community supervision or probation in this state from another state under s. 304.13 or 304.135 on or after December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of the law of another state that is comparable to a violation of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30 or that is comparable to a violation of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent.

AB100, s. 3866 Section 3866. 301.45 (2) (a) 4. b. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB100,1563,3 301.45 (2) (a) 4. b. The date the person was or is to be released from confinement, whether on parole, community supervision or otherwise, or discharged or terminated from a sentence or commitment.

AB100, s. 3867 Section 3867. 301.45 (2) (e) 1. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB100,1563,8 301.45 (2) (e) 1. Within 10 days after the person being placed on parole, community supervision, probation, supervision, aftercare supervision, conditional release or supervised release.

AB100, s. 3868 Section 3868. 301.45 (2) (e) 2. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB100,1563,13 301.45 (2) (e) 2. If the person is on parole, community supervision or probation from another state under s. 304.13 or 304.135, within 10 days after the person enters this state.

AB100, s. 3869 Section 3869. 301.45 (3) (a) 1m. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB100,1563,18 301.45 (3) (a) 1m. If the person is on parole, community supervision or probation from another state under s. 304.13 or 304.135, he or she is subject to this subsection upon entering this state.

AB100, s. 3870 Section 3870. 301.45 (3) (a) 2. of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

AB100,1563,24 301.45 (3) (a) 2. If the person has been sentenced to prison or placed in a secured correctional facility or a secured child caring institution, he or she is subject to this subsection upon being released on parole, community supervision or aftercare supervision.

AB100, s. 3871 Section 3871. 301.45 (3) (b) 2. of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

AB100,1564,11 301.45 (3) (b) 2. The department shall notify a person who is being released from prison because he or she has reached the expiration date of his or her sentence and who is covered under sub. (1) of the need to comply with this section. Also, probation, community supervision and parole agents, aftercare agents and agencies providing supervision shall notify any client who is covered under sub. (1) of the need to comply with this section at the time the client is placed on probation, community supervision, parole, supervision or aftercare supervision or, if the client is on probation, community supervision or parole from another state under s. 304.13 or 304.135, when the client enters this state.

AB100, s. 3872 Section 3872. 301.45 (3) (b) 4. of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

AB100,1564,17 301.45 (3) (b) 4. Failure to receive notice under this paragraph from the department of health and family services, the department of corrections, a probation, community supervision and parole agent, an aftercare agent or an agency providing supervision is not a defense to liability under sub. (6).

AB100, s. 3873 Section 3873. 301.45 (5) (a) 1m. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB100,1564,22 301.45 (5) (a) 1m. If the person is on parole, community supervision or probation from another state under s. 304.13 or 304.135, 15 years after discharge from that parole, community supervision or probation.

AB100, s. 3874 Section 3874. 301.45 (7) (a) of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

AB100,1565,4 301.45 (7) (a) The department shall maintain information provided under sub. (2). The department shall keep the information confidential except as provided in s. 301.46 and, except as needed for law enforcement purposes and except to provide information in response to a request for information made under s. 49.22 (2m).

AB100, s. 3875 Section 3875. 301.46 (2) (b) 4. b. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB100,1565,9 301.46 (2) (b) 4. b. The date the person was released from confinement, whether on parole, community supervision or otherwise, or discharged or terminated from a sentence or commitment.

AB100, s. 3876 Section 3876. 301.46 (4) (a) 5. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB100,1565,12 301.46 (4) (a) 5. A shelter care facility licensed under s. 48.48 938.22.

AB100, s. 3877 Section 3877. 301.46 (4) (a) 8. of the statutes is amended to read:

AB100,1565,15 301.46 (4) (a) 8. An agency providing child welfare services under s. 48.48 (17) (b) or 48.57 (2).

AB100, s. 3878 Section 3878. 301.47 of the statutes is created to read:

AB100,1565,18 301.47 Criminal gang data bank; information regarding criminal gangs. (1) Definitions. In this section:

AB100,1565,22 (a) "Correctional authority" means any sheriff, superintendent, jailer or other person in charge of a jail, house of correction or other county or municipal correctional or detention facility. "Correctional authority" does not include the department.

AB100,1565,23 (b) "Criminal gang" has the meaning given in s. 939.22 (9).

AB100,1565,24 (c) "Criminal gang member" has the meaning given in s. 939.22 (9g).

AB100,1565,25 (d) "Law enforcement agency" has the meaning given in s. 165.83 (1) (b).

AB100,1566,5 (2) Duties of department; criminal gang data bank. The department shall establish a criminal gang data bank for use by correctional authorities and law enforcement agencies in investigating, apprehending and prosecuting criminal gang members. In establishing a criminal gang data bank, the department shall do all of the following:

AB100,1566,8 (a) Specify the information relating to criminal gangs and the arrest of criminal gang members that the criminal gang data bank will contain and obtain, compile and file that information.

AB100,1566,11 (b) Furnish all correctional authorities and law enforcement agencies with forms and instructions which specify in detail the nature of the information required under par. (a) and any other matters which facilitate collection.

AB100,1566,15 (c) As an alternative to requiring completion of the reporting forms furnished under par. (b), allow correctional authorities and law enforcement agencies to enter data directly into the criminal gang data bank using procedures established by the department.

AB100,1566,19 (d) Provide correctional authorities and law enforcement agencies with access to the criminal gang data bank through the transaction information for the management of enforcement system or any other computerized or direct electronic data transfer system.

AB100,1566,21 (e) Establish a method to confirm criminal gang membership and to ensure the timely and accurate entry of information into the criminal gang data bank.

AB100,1566,25 (f) Conduct reviews of correctional authorities and law enforcement agencies that enter information directly into the criminal gang data bank under par. (c) to ensure that the correctional authorities and law enforcement agencies are complying with the methods established under par. (e).

AB100,1567,2 (g) Notify all correctional authorities and law enforcement agencies when the criminal gang data bank required under this subsection has become operational.

AB100,1567,5 (h) Notify all correctional authorities and law enforcement agencies that may benefit from the criminal gang data bank of the existence of the criminal gang data bank.

AB100,1567,11 (3) Duties of department; notification of new criminal gang information. The department shall develop and implement a policy for notifying correctional authorities and law enforcement agencies about changes in criminal gang names or identifying signs or symbols and about the emergence of newly organized gangs. The department may use the criminal gang data bank established under sub. (2) in carrying out its duties under this subsection.

AB100,1567,16 (3m) Duties of the department; information concerning criminal gang members. (a) If the department identifies an individual who is in its custody to be a criminal gang member and the individual is not listed in the criminal gang data bank, the department shall enter into the criminal gang data bank the information required under sub. (2) (a).

AB100,1567,21 (b) If an individual who is in the custody of the department is listed as a criminal gang member in the criminal gang data bank and the department determines that the information concerning the individual is not accurate or has not been updated, the department shall enter into the criminal gang data bank the correct or updated information.