SB77,1526,1311
5. States that comments concerning the proposed action may be submitted to
12the department during the comment period and states the last date of the comment
13period.
SB77,1526,1714
6. Describes the procedures that the department will use to make a final
15decision on the proposed action, describes how persons may request public
16informational meetings, contested case hearings or public hearings and how persons
17may make requests to appear at those meetings and hearings.
SB77,1527,418
(d) Before the start of the public comment period, the department shall mail
19the public notice under par. (c) to the applicant or participant, the federal
20environmental protection agency, the members of the interested persons group
21established under sub. (5) (b) and all persons who have asked to receive notice of
22proposed actions under par. (a). The department shall mail the public notice to any
23other person upon request. The department shall make a copy of the public notice
24available at the department's main office, at any other department office in the area
25of the facility subject to the proposed action and at public libraries in that area. The
1department shall circulate the public notice in the area of the facility subject to the
2proposed action by posting the notice in public buildings, publishing the notice in
3local newspapers and by any other methods that the department determines are
4effective.
SB77,1527,75
(e) The department shall hold a public informational meeting on a proposed
6action under par. (a) if the comments received during the public comment period
7demonstrate considerable public interest in the proposed action.
SB77,1527,11
8(9) Effect of cooperative agreement. (a) For the purposes of chs. 280 to 295,
9a cooperative agreement entered into under this section is considered to be an
10approval that is identified under sub. (3) (b) as being replaced by the cooperative
11agreement.
SB77,1527,1312
(b) A provision of an approval that is identified under sub. (3) (b) as being
13replaced by a cooperative agreement is superceded by the cooperative agreement.
SB77,1527,15
14(10) Fees. A participant shall pay the same fees under chs. 280 to 295 that it
15would be required to pay if it had not entered into a cooperative agreement.
SB77,1527,19
16(11) Reporting by participants. (a) Reports submitted under a cooperative
17agreement fulfill the reporting requirements under chs. 280 to 295 relating to the
18facility, activities and pollutants that are covered by the cooperative agreement,
19except for any requirements for immediate reporting.
SB77,1528,520
(b) A participant shall notify the department before it increases the amount of
21the discharge or emission of a pollutant from a covered facility and before it begins
22to discharge or emit a pollutant that it did not discharge or emit from a covered
23facility when the cooperative agreement was entered into. The notification shall
24describe any proposed facility expansion, production increase or process
25modification that would result in the increased or new discharge or emission and
1shall state the identity and quantity of the pollutant planned to be emitted or
2discharged. If the increased or new discharge or emission is not authorized under
3the cooperative agreement, the department may amend the cooperative agreement
4under sub. (7) in a manner consistent with subs. (2) and (3) or require the participant
5to obtain an approval if an approval is required under chs. 280 to 295.
SB77,1528,9
6(12) Reports of violations. A participant shall submit a report to the
7department within 45 days after completion of a performance evaluation if the
8performance evaluation reveals violations at a facility covered by a cooperative
9agreement. The report shall contain all of the following:
SB77,1528,1210
(a) A description of the performance evaluation, including who conducted the
11performance evaluation, when it was completed, what activities and operations were
12examined and what was revealed by the performance evaluation.
SB77,1528,1313
(b) A description of all violations revealed by the performance evaluation.
SB77,1528,1514
(c) A description of the actions taken or proposed to be taken to correct the
15violations.
SB77,1528,1716
(d) A commitment to correct the violations within 90 days of submitting the
17report or within a compliance schedule approved by the department.
SB77,1528,2418
(e) If the participant proposes to take more than 90 days to correct the
19violations, a proposed compliance schedule that contains the shortest reasonable
20periods for correcting the violations, a statement that justifies the proposed
21compliance schedule, a description of measures that the participant will take to
22minimize the effects of the violations during the period of the compliance schedule
23and proposed stipulated penalties if the participant violates the compliance
24schedule.
SB77,1529,2
1(f) A description of the measures that the participant has taken or will take to
2prevent future violations.
SB77,1529,14
3(13) Compliance schedules. (a) If the department receives a report under sub.
4(12) that contains a proposed compliance schedule under sub. (12) (e), the
5department shall review the proposed compliance schedule. The department may
6approve the compliance schedule as submitted or propose a different compliance
7schedule. If the participant does not agree to implement a compliance schedule
8proposed by the department, the department shall schedule a meeting with the
9participant to attempt to reach an agreement on a compliance schedule. If the
10department and the participant do not reach an agreement on a compliance
11schedule, the department shall initiate the procedure under sub. (7) (c) 2. to revoke
12the cooperative agreement. If the parties agree to a compliance schedule, the
13department shall amend the cooperative agreement to incorporate the compliance
14schedule.
SB77,1529,1815
(b) The department may not approve a compliance schedule that extends longer
16than 12 months beyond the date of approval of the compliance schedule. The
17department shall consider the following factors in determining whether to approve
18a compliance schedule:
SB77,1529,1919
1. The environmental and public health consequences of the violations.
SB77,1529,2220
2. The time needed to implement a change in raw materials or method of
21production if that change is an available alternative to other methods of correcting
22the violations.
SB77,1529,2423
3. The time needed to purchase any equipment or supplies that are needed to
24correct the violations.
SB77,1530,4
1(14) Deferred civil enforcement. (a) 1. This state may not commence a civil
2action to collect forfeitures for violations at a facility covered by a cooperative
3agreement that are disclosed in a report that meets the requirements of sub. (12) for
4at least 90 days after the department receives the report.
SB77,1530,85
2. If the participant corrects violations that are disclosed in a report that meets
6the requirements of sub. (12) within 90 days after the department receives a report
7that meets the requirements of sub. (12), this state may not commence a civil action
8to collect forfeitures for the violations.
SB77,1530,159
3. This state may not commence a civil action to collect forfeitures for violations
10covered by a compliance schedule that is approved under sub. (13) during the period
11of the compliance schedule if the participant is not violating the compliance schedule.
12If the participant violates the compliance schedule, the department may collect the
13stipulated penalties in the compliance schedule or may revoke the cooperative
14agreement. After the department revokes a cooperative agreement, this state may
15commence civil action to collect forfeitures for the violations.
SB77,1530,1816
4. If the department approves a compliance schedule under sub. (13) and the
17participant corrects the violations according to the compliance schedule, this state
18may not commence a civil action to collect forfeitures for the violations.
SB77,1530,2019
(b) Notwithstanding par. (a), this state may at any time commence a civil action
20to collect forfeitures for violations if any of the following apply:
SB77,1530,2221
1. The violations present an imminent threat to public health or the
22environment or may cause serious harm to public health or the environment.
SB77,1530,2423
2. The department discovers the violations before submission of a report under
24sub. (12).
SB77,1531,3
1(15) Access to records. (a) Except as provided in par. (b), the department shall
2make any record, report or other information obtained in the administration of this
3section available to the public.
SB77,1531,84
(b) The department shall keep confidential any part of a record, report or other
5information obtained in the administration of this section, other than emission data,
6discharge data or information contained in a cooperative agreement, that the
7applicant or participant identifies as confidential and proprietary and that is
8entitled to protection as a trade secret, as defined in s. 134.90 (1) (c), of that person.
SB77,1531,149
(c) If the department refuses to release information on the grounds that it is
10confidential under par. (b) and a person challenges that refusal, the department shall
11inform the applicant or participant of that challenge. Unless the applicant or
12participant authorizes the department to release the information, the applicant or
13participant shall pay the reasonable costs incurred by this state to defend the refusal
14to release the information.
SB77,1531,2015
(d) Paragraph (b) does not prevent the disclosure of any information to a
16representative of the department for the purpose of administering this section or to
17an officer, employe or authorized representative of the federal government for the
18purpose of administering federal law. When the department provides information
19that is confidential under par. (b) to the federal government, the department shall
20also provide a copy of the application for confidential status.
SB77,1532,2
21(16) Reports concerning the program under this section. (a) Beginning not
22later than the first day of the 13th month beginning after the effective date of this
23paragraph .... [revisor inserts date], the secretary of natural resources shall submit
24an annual progress report on the program under this section to the governor, the
1environmental performance council and, under s. 13.172 (3), the standing
2committees of the legislature with jurisdiction over environmental matters.
SB77,1532,83
(b) Not later than the first day of the 48th month beginning after the effective
4date of this paragraph .... [revisor inserts date], the secretary of natural resources
5shall submit a report to the governor, the environmental performance council and,
6under s. 13.172 (2) the legislature on the success of the program under this section.
7The report shall include recommendations concerning the continuation of the
8program under this section and any changes that should be made to the program.
SB77, s. 3790
9Section
3790. 301.01 (4) of the statutes is amended to read:
SB77,1532,1210
301.01
(4) "State correctional institution" means a state prison under s. 302.01
11or a secured correctional facility, as defined in s. 938.02 (15m)
, other than the
12Mendota Juvenile Treatment Center.
SB77, s. 3791
13Section
3791. 301.03 (2r) of the statutes is amended to read:
SB77,1532,1514
301.03
(2r) Conduct drug testing of prospective parolees
or persons to be placed
15on community supervision who have undergone treatment while in state prison.
SB77, s. 3792
16Section
3792. 301.03 (3) of the statutes is amended to read:
SB77,1533,217
301.03
(3) Administer parole
, community supervision and probation matters,
18except that the decision to grant or deny parole to inmates shall be made by the parole
19commission and the decision to revoke probation
, community supervision or parole
20in cases in which there is no waiver of the right to a hearing shall be made by the
21division of hearings and appeals in the department of administration. The secretary
22may grant special action parole releases under s. 304.02. The department shall
23promulgate rules establishing a drug testing program for probationers
and, parolees
24and persons placed on community supervision. The rules shall provide for
1assessment of fees upon probationers
and, parolees
and persons placed on
2community supervision to partially offset the costs of the program.
SB77, s. 3793
3Section
3793. 301.03 (3b) of the statutes is created to read:
SB77,1533,84
301.03
(3b) Establish, by rule, a program in which the department may require
5a probationer, parolee or person on community supervision, who has engaged in
6conduct that may be the basis for revocation of probation, parole or community
7supervision, to participate in a program designed as an alternative to the revocation
8of probation, parole or community supervision.
SB77, s. 3794
9Section
3794. 301.03 (3g) of the statutes is amended to read:
SB77,1533,1110
301.03
(3g) Provide treatment for alcoholics and intoxicated persons on parole
11or community supervision.
SB77, s. 3795
12Section
3795. 301.03 (6t) of the statutes is created to read:
SB77,1533,1713
301.03
(6t) By January 30 of each year, submit a report to the joint committee
14on finance and to the chief clerk of each house of the legislature, for distribution to
15the appropriate standing committees under s. 13.172 (3), establishing the statewide
16operating capacity of Type 1 prisons and the operating capacity of each Type 1 prison
17and reporting on the number of prisoners in each Type 1 prison.
SB77, s. 3796
18Section
3796. 301.03 (10) (d) of the statutes is amended to read:
SB77,1533,2419
301.03
(10) (d) Administer the
office of juvenile offender review
program in the
20division of juvenile corrections in the department. The
program office shall be
21responsible for decisions regarding case planning
and
, the release of juvenile
22offenders from juvenile correctional institutions to aftercare
and corrective sanctions 23placements
and the transfer of juveniles to the Racine youthful offender correctional
24facility named in s. 302.01 as provided in s. 938.357 (4) (d).
SB77, s. 3797
25Section
3797. 301.03 (10) (e) of the statutes is amended to read:
SB77,1534,3
1301.03
(10) (e) Provide educational programs in all secured correctional
2facilities, as defined in s. 938.02 (15m)
, other than the Mendota Juvenile Treatment
3Center.
SB77, s. 3798
4Section
3798. 301.03 (10) (f) of the statutes is amended to read:
SB77,1534,75
301.03
(10) (f) Provide health services and psychiatric services for residents of
6all secured correctional facilities, as defined in s. 938.02 (15m)
, other than the
7Mendota Juvenile Treatment Center.
SB77, s. 3799
8Section
3799. 301.03 (13) of the statutes is created to read:
SB77,1534,119
301.03
(13) Annually notify each person who has been discharged from
10probation, parole or community supervision and who owed any supervision fees at
11the time of discharge of any supervision fees owed by the person to the department.
SB77, s. 3800
12Section
3800. 301.03 (18) of the statutes is created to read:
SB77,1534,2013
301.03
(18) (a) Except as provided in s. 301.12 (14) (b) and (c), establish a
14uniform system of fees for juvenile delinquency-related services provided or
15purchased by the department or a county department under s. 46.215, 46.22 or 46.23,
16except for services provided to courts; outreach, information and referral services; or
17where, as determined by the department, a fee is administratively unfeasible or
18would significantly prevent accomplishing the purpose of the service. A county
19department under s. 46.215, 46.22 or 46.23 shall apply the fees that it collects under
20this program to cover the cost of such services.
SB77,1535,321
(b) Except as provided in s. 301.12 (14) (b) and (c), hold liable for the services
22provided or purchased under par. (a) in the amount of the fee established under par.
23(a) any person receiving those services or the spouse of the person and, in the case
24of a minor, the parents of the person, and, in the case of a foreign child described in
25s. 48.839 (1) who became dependent on public funds for his or her primary support
1before an order granting his or her adoption, the resident of this state appointed
2guardian of the child by a foreign court who brought the child into this state for the
3purpose of adoption.
SB77,1535,84
(c) Make collections from the person who in the opinion of the department is
5best able to pay, giving due regard to the present needs of the person or of his or her
6lawful dependents. The department may bring action in the name of the department
7to enforce the liability established under par. (b). This paragraph does not apply to
8the recovery of fees for the care and services specified under s. 301.12.
SB77,1535,149
(d) Compromise or waive all or part of the liability for services received as it
10considers necessary to efficiently administer this subsection, subject to such
11conditions as the department considers appropriate. The sworn statement of the
12collection and deportation counsel appointed under s. 301.12 (7) or the department
13secretary, shall be evidence of the services provided and the fees charged for such
14services.
SB77,1535,1815
(e) Delegate to county departments under s. 46.215, 46.22 or 46.23 and other
16providers of care and services the powers and duties vested in the department by
17pars. (c) and (d) as it considers necessary to efficiently administer this subsection,
18subject to such conditions as the department considers appropriate.
SB77,1535,2119
(g) Return to county departments under s. 46.215, 46.22 or 46.23 50% of
20collections made by the department for delinquent accounts previously delegated
21under par. (e) and then referred back to the department for collections.
SB77, s. 3801
22Section
3801. 301.033 of the statutes is created to read:
SB77,1536,4
23301.033 Employment program. The department may operate an
24employment program for prison inmates, probationers, parolees and persons on
25community supervision. Under this program, the department may contract with any
1public, private or voluntary agency for the employment of prison inmates,
2probationers, parolees and persons on community supervision and may subsidize
3any wage paid to the inmate, probationer, parolee or person on community
4supervision.
SB77, s. 3802
5Section
3802. 301.046 (2) of the statutes is amended to read:
SB77,1536,116
301.046
(2) Inmate Prisoner,
officer and employe status. Inmates Prisoners 7confined under sub. (1) are under the care and control of the institution, subject to
8its rules and discipline and subject to all laws pertaining to
inmates prisoners of
9other correctional institutions. Courts may not directly commit persons to the
10institution under sub. (1). Officers and employes of the institution are subject to the
11same laws pertaining to other correctional institutions.
SB77, s. 3803
12Section
3803. 301.046 (4) (d) of the statutes is amended to read:
SB77,1536,2313
301.046
(4) (d) The department shall design and prepare cards for any person
14specified in par. (b) to send to the department. The cards shall have space for any
15such person to provide his or her name and address, the name of the applicable
16prisoner and any other information the department determines is necessary. The
17department shall provide the cards, without charge, to district attorneys. District
18attorneys shall provide the cards, without charge, to persons specified in par. (b).
19These persons may send completed cards to the department. All department records
20or portions of records that relate to mailing addresses of these persons are not subject
21to inspection or copying under s. 19.35 (1)
, but the department shall provide
22information from records kept under this paragraph in response to a request for
23information made under s. 49.22 (2m).
SB77, s. 3804
24Section
3804. 301.046 (5) of the statutes is amended to read:
SB77,1537,6
1301.046
(5) (title)
Electronic surveillance Monitoring. The department
2shall monitor any prisoner's confinement under sub. (1) by the use of an electronic
3device worn continuously on the prisoner's person
or, by the confinement of the
4prisoner in supervised places designated by the department
or by any other method
5the department considers appropriate. The department may permit the prisoner to
6leave confinement for employment, education or other rehabilitative activities.
SB77, s. 3805
7Section
3805. 301.046 (7) of the statutes is created to read:
SB77,1537,108
301.046
(7) Sanctions. The department may, by rule, establish sanctions for
9a prisoner who violates a rule or condition of confinement under sub. (1). The
10sanctions may include requiring a prisoner to perform community service.
SB77, s. 3806
11Section
3806. 301.048 (1) (a) of the statutes is amended to read:
SB77,1537,1412
301.048
(1) (a) Punishment that is less costly than ordinary imprisonment and
13more restrictive than ordinary probation or parole supervision
or community
14supervision.
SB77, s. 3807
15Section
3807. 301.048 (2) (cm) of the statutes is created to read:
SB77,1537,1816
301.048
(2) (cm) A court or the department requires his or her participation in
17the program as a condition of community supervision under s. 302.113 (7) or 302.114
18(5) (d) or (8) or 973.01 (5).
SB77, s. 3808
19Section
3808. 301.048 (2) (d) of the statutes is amended to read:
SB77,1537,2220
301.048
(2) (d) The department and the person agree to his or her participation
21in the program as an alternative to revocation of probation
, community supervision 22or parole.
SB77, s. 3809
23Section
3809. 301.048 (4) (a) of the statutes is amended to read:
SB77,1538,724
301.048
(4) (a) A participant is in the custody and under the control of the
25department, subject to its rules and discipline. A participant entering the program
1under sub. (2) (a) or (b) is a prisoner. A participant entering the program under sub.
2(2) (c) is a prisoner, except that he or she is a parolee for purposes of revocation.
A
3participant entering the program under sub. (2) (cm) is a prisoner, except that he or
4she remains a person on community supervision for purposes of revocation. A
5participant entering the program under sub. (2) (d) is a prisoner, except that he or
6she remains a probationer
or, parolee
or person on community supervision,
7whichever is applicable, for purposes of revocation.
SB77, s. 3810
8Section
3810. 301.048 (4) (am) of the statutes is amended to read:
SB77,1538,179
301.048
(4) (am) A participant who is a parolee for purposes of revocation is
10subject to revocation for violation of any condition of parole or any rule or condition
11applicable because he or she is a program participant.
A participant who is a person
12on community supervision for purposes of revocation is subject to revocation for
13violation of any condition of community supervision or any rule or condition
14applicable because he or she is a program participant. A participant who is a
15probationer for purposes of revocation is subject to revocation for violation of any
16condition of probation or any rule or condition applicable because he or she is a
17program participant.
SB77, s. 3811
18Section
3811. 301.048 (4m) (b) (intro.) of the statutes is amended to read:
SB77,1538,2419
301.048
(4m) (b) (intro.) As soon as possible after a prisoner, probationer
or, 20parolee
or person on community supervision who has violated s. 940.03, 940.05,
21940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06 or 948.07 enters the intensive
22sanctions program, the department shall make a reasonable effort to notify all of the
23following persons, if they can be found, in accordance with par. (c) and after receiving
24a completed card under par. (d):
SB77, s. 3812
25Section
3812. 301.048 (4m) (b) 1. of the statutes is amended to read:
SB77,1539,4
1301.048
(4m) (b) 1. The victim of the crime committed by the prisoner,
2probationer
or, parolee
or person on community supervision or, if the victim died as
3a result of the crime, an adult member of the victim's family or, if the victim is younger
4than 18 years old, the victim's parent or legal guardian.
SB77, s. 3813
5Section
3813. 301.048 (4m) (b) 2. of the statutes is amended to read:
SB77,1539,86
301.048
(4m) (b) 2. Any witness who testified against the prisoner, probationer
7or, parolee
or person on community supervision in any court proceeding involving the
8offense.
SB77, s. 3814
9Section
3814. 301.048 (4m) (d) of the statutes is amended to read:
SB77,1539,2010
301.048
(4m) (d) The department shall design and prepare cards for any person
11specified in par. (b) to send to the department. The cards shall have space for any
12such person to provide his or her name and address, the name of the applicable
13participant and any other information the department determines is necessary. The
14department shall provide the cards, without charge, to district attorneys. District
15attorneys shall provide the cards, without charge, to persons specified in par. (b).
16These persons may send completed cards to the department. All department records
17or portions of records that relate to mailing addresses of these persons are not subject
18to inspection or copying under s. 19.35 (1)
, but the department shall provide
19information from records kept under this paragraph in response to a request for
20information made under s. 49.22 (2m).