JR2 AB1: Bill Text

AB1,374,20 973.075 (1) (b) 1m. e. To cause more than $2,500 $1,000 worth of criminal damage to cemetery property in violation of s. 943.01 (2) (d) or 943.012.

AB1, s. 1140 Section 1140. 973.075 (2) (d) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1,375,4 973.075 (2) (d) The officer has probable cause to believe that the property was derived from or realized through a crime or that the property is a vehicle which was used to transport any property or weapon used or to be used or received in the commission of any felony, which was used in the commission of a crime relating to a submerged cultural resource in violation of s. 44.47, or which was used to cause more than $2,500 $1,000 worth of criminal damage to cemetery property in violation of s. 943.01 (2) (d) or 943.012.

AB1, s. 1141 Section 1141. 973.09 (2) (b) 1. of the statutes is amended to read:

AB1,375,8 973.09 (2) (b) 1. Except as provided in subd. 2., for felonies, not less than one year nor more than either the statutory maximum term of imprisonment confinement in prison for the crime or 3 years, whichever is greater.

AB1, s. 1142 Section 1142. 973.15 (2m) of the statutes is created to read:

AB1,375,10 973.15 (2m) (a) Definitions. In this subsection:

AB1,375,13 1. "Determinate sentence" means a bifurcated sentence imposed under s. 973.01 or a life sentence under which a person is eligible for release to extended supervision under s. 973.014 (1g) (a) 1. or 2.

AB1,375,15 2. "Indeterminate sentence" means a sentence to the Wisconsin state prisons other than one of the following:

AB1,375,16 a. A determinate sentence.

AB1,375,18 b. A sentence under which the person is not eligible for release on parole under s. 939.62 (2m) (c) or 973.014 (1) (c).

AB1,375,23 3. "Period of confinement in prison," with respect to any sentence to the Wisconsin state prisons, means any time during which a person is incarcerated under that sentence, including any extensions imposed under s. 302.11 (3), 302.113 (3), or 302.114 (3) and any period of confinement in prison required to be served under s. 302.11 (7) (am), 302.113 (9) (am), or 302.114 (9) (am).

AB1,376,3 (b) Determinate sentences imposed to run concurrent with or consecutive to determinate sentences. 1. If a court provides that a determinate sentence is to run concurrent with another determinate sentence, the person sentenced shall serve the periods of confinement in prison under the sentences concurrently and the terms of extended supervision under the sentences concurrently.

AB1,376,8 2. If a court provides that a determinate sentence is to run consecutive to another determinate sentence, the person sentenced shall serve the periods of confinement in prison under the sentences consecutively and the terms of extended supervision under the sentences consecutively and in the order in which the sentences have been pronounced.

AB1,376,15 (c) Determinate sentences imposed to run concurrent with or consecutive to indeterminate sentences. 1. If a court provides that a determinate sentence is to run concurrent with an indeterminate sentence, the person sentenced shall serve the period of confinement in prison under the determinate sentence concurrent with the period of confinement in prison under the indeterminate sentence and the term of extended supervision under the determinate sentence concurrent with the parole portion of the indeterminate sentence.

AB1,376,21 2. If a court provides that a determinate sentence is to run consecutive to an indeterminate sentence, the person sentenced shall serve the period of confinement in prison under the determinate sentence consecutive to the period of confinement in prison under the indeterminate sentence and the parole portion of the indeterminate sentence consecutive to the term of extended supervision under the determinate sentence.

AB1,377,3 (d) Indeterminate sentences imposed to run concurrent with or consecutive to determinate sentences. 1. If a court provides that an indeterminate sentence is to run concurrent with a determinate sentence, the person sentenced shall serve the period of confinement in prison under the indeterminate sentence concurrent with the period of confinement in prison under the determinate sentence and the parole portion of the indeterminate sentence concurrent with the term of extended supervision required under the determinate sentence.

AB1,377,9 2. If a court provides that an indeterminate sentence is to run consecutive to a determinate sentence, the person sentenced shall serve the period of confinement in prison under the indeterminate sentence consecutive to the period of confinement in prison under the determinate sentence and the parole portion of the indeterminate sentence consecutive to the term of extended supervision under the determinate sentence.

AB1,377,15 (e) Revocation in multiple sentence cases. If a person is serving concurrent determinate sentences and extended supervision is revoked in each case, or if a person is serving a determinate sentence concurrent with an indeterminate sentence and both extended supervision and parole are revoked, the person shall concurrently serve any periods of confinement in prison required under those sentences under s. 302.11 (7) (am), 302.113 (9) (am), or 302.114 (9) (am).

AB1, s. 1143 Section 1143. 973.155 (1) (b) of the statutes is amended to read:

AB1,377,21 973.155 (1) (b) The categories in par. (a) include custody of the convicted offender which is in whole or in part the result of a probation, extended supervision or parole hold under s. 302.113 (8m), 302.114 (8m), 304.06 (3), or 973.10 (2) placed upon the person for the same course of conduct as that resulting in the new conviction.

AB1, s. 1144 Section 1144. 973.30 of the statutes is created to read:

AB1,377,24 973.30 Sentencing commission. (1) Duties. The sentencing commission shall do all of the following:

AB1,378,2 (a) Select an executive director having appropriate training and experience to study sentencing practices and prepare proposed sentencing guidelines.

AB1,378,3 (b) Monitor and compile data regarding sentencing practices in the state.

AB1,378,7 (c) Adopt advisory sentencing guidelines for felonies committed on or after the effective date of this paragraph .... [revisor inserts date], to promote public safety, to reflect changes in sentencing practices and to preserve the integrity of the criminal justice and correctional systems.

AB1,378,10 (d) Provide information to the legislature, state agencies, and the public regarding the costs to and other needs of the department which result from sentencing practices.

AB1,378,11 (e) Provide information to judges and lawyers about the sentencing guidelines.

AB1,378,15 (f) Publish and distribute to all circuit judges hearing criminal cases an annual report regarding its work, which shall include all sentencing guidelines and all changes in existing sentencing guidelines adopted during the 12 months preceding the report.

AB1,378,18 (g) Study whether race is a basis for imposing sentences in criminal cases and submit a report and recommendations on this issue to the governor, to each house of the legislature under s. 13.172 (2), and to the supreme court.

AB1,378,20 (h) Assist the legislature in assessing the cost of enacting new or revising existing statutes affecting criminal sentencing.

AB1,379,2 (i) At least semiannually, submit reports to all circuit judges, and to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3), containing statistics regarding criminal sentences imposed in this state. Each report shall have a different focus and need not contain statistics regarding every crime. Each report shall contain information regarding sentences imposed statewide and in each of the following geographic areas:

AB1,379,3 1. Milwaukee County.

AB1,379,4 2. Dane and Rock counties.

AB1,379,5 3. Brown, Outagamie, Calumet, and Winnebago counties.

AB1,379,6 4. Racine and Kenosha counties.

AB1,379,7 5. All other counties.

AB1,379,8 (j) Study how sentencing options affect various types of offenders and offenses.

AB1,379,10 (2) Staff. Subject to authorization under s. 16.505, the sentencing commission may hire staff to assist it in the performance of its duties.

AB1,379,11 (3) Sunset. This section does not apply after December 31, 2007.

AB1, s. 1145 Section 1145. 977.05 (4) (jm) of the statutes is created to read:

AB1,379,17 977.05 (4) (jm) At the request of an inmate determined by the state public defender to be indigent or upon referral of a court under s. 302.113 (9g) (j), represent the inmate in proceedings for modification of a bifurcated sentence under s. 302.113 (9g) before a program review committee and the sentencing court, if the state public defender determines the case should be pursued.

AB1, s. 1146 Section 1146. 977.06 (2) (b) of the statutes is amended to read:

AB1,379,22 977.06 (2) (b) A person who makes a false representation that he or she does not believe is true for purposes of qualifying for assignment of counsel shall be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class I felony.

AB1, s. 1147 Section 1147. 978.13 (1) (intro.) of the statutes is amended to read:

AB1,379,25 978.13 (1) (intro.) The Subject to sub. (1m), the state shall assume financial responsibility for all of the following:

AB1, s. 1148 Section 1148. 978.13 (1) (b) of the statutes is amended to read:

AB1,380,9 978.13 (1) (b) In counties having a population of 500,000 or more, the salary and fringe benefit costs of 2 clerk positions providing clerical services to the prosecutors in the district attorney's office handling cases involving felony violations under ch. 961. The state treasurer shall pay the amount authorized under this paragraph subsection to the county treasurer pursuant to a voucher submitted by the district attorney to the department of administration from the appropriation under s. 20.475 (1) (i). The amount paid under this paragraph may not exceed $75,200 in the 1999-2000 fiscal year and $77,500 in the 2000-01 fiscal year.

AB1, s. 1149 Section 1149. 978.13 (1) (c) of the statutes is amended to read:

AB1,380,20 978.13 (1) (c) In counties having a population of 500,000 or more, the salary and fringe benefit costs of clerk positions in the district attorney's office necessary for the prosecution of violent crime cases primarily involving felony violations under s. 939.63, if a felony is committed while armed, and under ss. 940.01 to 940.03, 940.05, 940.06, 940.225, 943.23 (1g), (1m) and (1r) and 943.32 (2). The state treasurer shall pay the amount authorized under this paragraph subsection to the county treasurer pursuant to a voucher submitted by the district attorney to the secretary of administration from the appropriation under s. 20.475 (1) (i). The amount paid under this paragraph may not exceed $94,400 in the 1999-2000 fiscal year and $97,200 in the 2000-01 fiscal year.

AB1, s. 1150 Section 1150. 978.13 (1) (d) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1,381,5 978.13 (1) (d) In counties having a population of 500,000 or more, the salary and fringe benefit costs of 2 clerk positions providing clerical services to the prosecutors in the district attorney's office handling cases involving the unlawful possession or use of firearms. The state treasurer shall pay the amount authorized under this paragraph subsection to the county treasurer from the appropriation under s. 20.475 (1) (f) pursuant to a voucher submitted by the district attorney to the department of administration. The amount paid under this paragraph may not exceed the amount appropriated under s. 20.475 (1) (f).

AB1, s. 1151 Section 1151. 978.13 (1m) of the statutes is created to read:

AB1,381,9 978.13 (1m) The amount paid under sub. (1) (b) and (c) combined may not exceed the amount appropriated under s. 20.475 (1) (i). The amount paid under sub. (1) (d) may not exceed the amount appropriated under s. 20.475 (1) (f).

AB1, s. 1152 Section 1152. 980.08 (4) of the statutes is amended to read:

AB1,382,6 980.08 (4) The court, without a jury, shall hear the petition within 30 days after the report of the court-appointed examiner is filed with the court, unless the petitioner waives this time limit. Expenses of proceedings under this subsection shall be paid as provided under s. 51.20 (18) (b), (c), and (d). The court shall grant the petition unless the state proves by clear and convincing evidence that the person is still a sexually violent person and that it is still substantially probable that the person will engage in acts of sexual violence if the person is not continued in institutional care. In making a decision under this subsection, the court may consider, without limitation because of enumeration, the nature and circumstances of the behavior that was the basis of the allegation in the petition under s. 980.02 (2) (a), the person's mental history and present mental condition, where the person will live, how the person will support himself or herself, and what arrangements are available to ensure that the person has access to and will participate in necessary treatment, including pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen if the person is a serious child sex offender. A decision under this subsection on a petition filed by a person who is a serious child sex offender may not be made based on the fact that the person is a proper subject for pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen or on the fact that the person is willing to participate in pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen.

AB1, s. 1153 Section 1153. 980.08 (5) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1,383,16 980.08 (5) If the court finds that the person is appropriate for supervised release, the court shall notify the department. The department shall make its best effort to arrange for placement of the person in a residential facility or dwelling that is in the person's county of residence, as determined by the department under s. 980.105. The department and the county department under s. 51.42 in the county of residence of the person shall prepare a plan that identifies the treatment and services, if any, that the person will receive in the community. The plan shall address the person's need, if any, for supervision, counseling, medication, community support services, residential services, vocational services, and alcohol or other drug abuse treatment. In developing a plan for where the person may reside while on supervised release, the department shall consider the proximity of any potential placement to the residence of other persons on supervised release and to the residence of persons who are in the custody of the department of corrections and regarding whom a sex offender notification bulletin has been issued to law enforcement agencies under s. 301.46 (2m) (a) or (am). If the person is a serious child sex offender, the plan shall address the person's need for pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen. The department may contract with a county department, under s. 51.42 (3) (aw) 1. d., with another public agency, or with a private agency to provide the treatment and services identified in the plan. The plan shall specify who will be responsible for providing the treatment and services identified in the plan. The plan shall be presented to the court for its approval within 60 days after the court finding that the person is appropriate for supervised release, unless the department, county department, and person to be released request additional time to develop the plan. If the county department of the person's county of residence declines to prepare a plan, the department may arrange for another county to prepare the plan if that county agrees to prepare the plan and if the person will be living in that county. If the department is unable to arrange for another county to prepare a plan, the court shall designate a county department to prepare the plan, order the county department to prepare the plan, and place the person on supervised release in that county, except that the court may not so designate the county department in any county where there is a facility in which persons committed to institutional care under this chapter are placed unless that county is also the person's county of residence.

AB1, s. 1154 Section 1154. 980.12 (title) of the statutes is amended to read:

AB1,383,18 980.12 (title) Department duties; costs.

AB1, s. 1155 Section 1155. 980.12 (1) of the statutes is renumbered 980.12.

AB1, s. 1156 Section 1156. 980.12 (2) of the statutes is repealed.

AB1, s. 1157 Section 1157. 1997 Wisconsin Act 283, section 454 (1) (f) is amended to read:

AB1,384,2 [1997 Wisconsin Act 283] Section 454 (1) (f) No later than April 30, 1999, the The committee shall submit a report of its findings and recommendations to the legislature in the manner provided under section 13.172 (2) of the statutes and to the governor. The report shall include any proposed legislation that is necessary to implement the recommendations made by the committee in its report.

AB1, s. 1158 Section 1158. 1999 Wisconsin Act 113, section 32 (7) is amended to read:

AB1,384,17 [1999 Wisconsin Act 113] Section 32 (7) Allocation of oil overcharge funds to energy programs. Notwithstanding section 14.065 of the statutes, the secretary of administration shall allocate all oil overcharge restitution funds exceeding $1,000,000 on the effective date of the amendment of this subsection by 2001 Wisconsin Act .... (this act) and all accruing interest earnings on those funds under section 20.505 (1) (md) of the statutes that are not approved for expenditure on the effective date of this subsection, for reduction of lead paint hazards in dwellings that is done to allow for and in conjunction with energy conservation activities in rental properties owned by persons who seek a certificate of lead-free status, as defined in section 254.11 (4g) of the statutes, as created by this act, or a certificate of lead-safe status, as defined in section 254.11 (4h) of the statutes, as created by this act. In awarding moneys under this subsection, the department of administration shall give priority to projects that emphasize comprehensive lead removal plans for rental properties.

AB1, s. 1159 Section 1159. 2001 Wisconsin Act 16, section 9101 (23r) (b) 1. is amended to read:

AB1,384,25 [2001 Wisconsin Act 16] Section 9101 (23r) (b) 1. During the 2001-02 and 2002-03 fiscal years, the secretary shall recommend lapses or transfers to the general fund, whichever is appropriate, from state operations appropriations made to state agencies from program revenue or segregated revenue that in total equal $18,800,000 in each year $17,710,900 in the 2001-02 fiscal year and $16,690,100 in the 2002-03 fiscal year.

AB1, s. 9101 Section 9101. Nonstatutory provisions; administration.

AB1,385,2 (1) Commission on local government.

AB1,385,4 (a) There is created a special committee to be called the commission on local government, which shall consist of members appointed by the governor.

AB1,385,6 (b) The governor shall appoint or determine the method of appointment of the officers of the commission and shall call the first meeting of the commission.

AB1,385,8 (c) The department of administration shall provide necessary administrative support services to the commission.

AB1,385,12 (d) The department of administration shall reimburse members of the commission for their actual and necessary expenses incurred in carrying out their functions from the appropriation under section 20.505 (4) (ba) of the statutes, within the budget of the committee authorized under section 16.40 (14) of the statutes.

AB1,385,13 (e) The commission shall:

AB1,385,16 1. Examine the organization, authority, and efficiency of local governments, the services provided by each type of local government, and the services required of local governments by the state.

AB1,385,19 2. Review the relationship of local governments with the state, examine spending by local governments, and identify ways to increase efficiency in the delivery of local governmental services.

AB1,385,23 (f) No later than February 1, 2003, the commission shall report its findings and recommendations to the governor, and to the legislature in the manner provided in section 13.172 (2) of the statutes. Upon submittal of its report, the commission ceases to exist.

AB1,386,3 (2) Sentencing commission; initial terms. Notwithstanding section 15.105 (27) (c) 1. of the statutes, as created by this act, the initial members of the sentencing commission shall be appointed for the following terms:

AB1,386,7 (a) Two members appointed under section 15.105 (27) (a) 3. of the statutes, as created by this act, one of whom is not employed by any unit of federal, state, or local government, one circuit judge, and one district attorney, for terms expiring on January 1, 2004.

AB1,386,10 (b) Three members appointed under section 15.105 (27) (a) 3. of the statutes, as created by this act, one of whom is not employed by any unit of federal, state, or local government, and one circuit judge, for terms expiring on January 1, 2005.

AB1,386,13 (c) Two members appointed under section 15.105 (27) (a) 3. of the statutes, as created by this act, one representative of crime victims, and one attorney in private practice, for terms expiring on January 1, 2006.

AB1,386,17 (3) Position authorization. There is authorized for the sentencing commission 1.0 FTE GPR executive director position, 1.0 FTE GPR deputy director position, and 4.0 FTE GPR other positions to be funded from the appropriation under section 20.505 (4) (dr) of the statutes, as created by this act.

AB1,386,22 (4) Criminal penalties study committee. Until the members of the sentencing commission created under section 973.30 of the statutes, as created by this act, are appointed, the criminal penalties study committee shall provide information to lawyers, judges, the legislature, and the public regarding changes made in the substance and structure of criminal penalties to be imposed under this act.

AB1,387,2 (5) Payments from permanent endowment fund relating to public debt. When amending the schedule under section 20.004 (2) of the statutes, the department of administration shall insert the amount of $200,000,000 as the estimated expenditure amount for the appropriation under section 20.855 (4) (rm) of the statutes, as created by this act, in the 2001-02 fiscal year.

AB1,387,3 (6) Position transfer.

AB1,387,5 (a) In this subsection, "executive branch agency" has the meaning given in section 16.70 (4) of the statutes.

AB1,387,18 (b) Notwithstanding section 16.505 (1) and (4) of the statutes, unless otherwise required by state or federal law, the secretary of administration may, prior to January 1, 2003, transfer to the office of the governor 1.0 FTE position authorized for any executive branch agency that is vacant on the date of the transfer and that was occupied by an employee in the unclassified service immediately prior to the date that the position was vacated for the purpose of filling the domestic security coordinator position authorized under section 14.21 of the statutes, as created by this act. The number of authorized full-time equivalent positions for the executive branch agency from which the transfer is made is decreased by 1.0 FTE position from the source or sources from which the position was funded on the date that the transfer is made. The number of authorized full-time equivalent positions for the office of the governor is increased by 1.0 FTE GPR position on the date that the transfer is made.

AB1,387,19 (7) Elimination of certain unfunded state agency positions.