AB275: Bill Text

AB275,8,4 20.435 (6) (gb) Alcohol and drug abuse initiatives. All moneys received under s. 961.41 (5) (c) 1., to be expended on programs providing prevention, intervention, and treatment for alcohol and other drug abuse problems.

AB275, s. 4 Section 4. 20.505 (6) (e) of the statutes is created to read:

AB275,8,8 20.505 (6) (e) Alternatives to prosecution and incarceration for persons who use alcohol or other drugs. The amounts in the schedule for making grants to counties under s. 16.964 (10) (b) and entering into contracts under s. 16.964 (10) (j).

AB275, s. 5 Section 5. 20.505 (6) (kv) of the statutes is created to read:

AB275,8,13 20.505 (6) (kv) Grants for substance abuse treatment programs for criminal offenders. All moneys received under s. 961.41 (5) (c) 2. or 973.043 for the purpose of making grants to counties under s. 16.964 (10) (b) and entering into contracts under s. 16.964 (10) (j).

AB275, s. 6 Section 6. 46.07 of the statutes is amended to read:

AB275,9,14 46.07 Property of patients or residents. All money including wages and other property delivered to an officer or employee of any institution for the benefit of a patient or resident shall forthwith be delivered to the steward, who shall enter the same upon the steward's books to the credit of the patient or resident. The property shall be used only under the direction and with the approval of the superintendent 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 , the drug offender diversion surcharge under s. 973.043, or the benefit of the patient or resident. If the money remains uncalled for for one year after the patient's or resident's death or departure from the institution, the superintendent shall deposit the same in the general fund. If any patient or resident leaves property, other than money, uncalled for at an institution for one year, the superintendent shall sell the property, and the proceeds shall be deposited 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) (c).

AB275, s. 7 Section 7. 301.32 (1) of the statutes is amended to read:

AB275,9,25 301.32 (1) Property delivered to warden or superintendent; credit and debit. All money and other property delivered to an employee of any state correctional institution for the benefit of a prisoner or resident shall be delivered to the warden or superintendent, who shall enter the property upon his or her accounts 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, the drug offender diversion surcharge under s. 973.043, 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 state correctional institution, the superintendent shall deposit it in the general fund. If any prisoner or resident leaves property, other than money, uncalled for at a state correctional institution for one year, the superintendent shall sell the property and deposit the proceeds in the general fund, donate the property to a public agency or private, nonprofit organization or destroy the property. 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).

AB275, s. 8 Section 8. 302.12 (2) of the statutes is amended to read:

AB275,10,19 302.12 (2) Money accruing under this section remains under the control of the department, to be used for the crime victim and witness assistance surcharge under s. 973.045 (4), the deoxyribonucleic acid analysis surcharge under s. 973.046, the drug offender diversion surcharge under s. 973.043, and the benefit of the inmate or the inmate's family or dependents, under rules promulgated by the department as to time, manner and amount of disbursements. The rules shall provide that the money be used for the reasonable support of the inmate's family or dependents before it is allocated for the drug offender diversion surcharge.

AB275, s. 9 Section 9. 302.13 of the statutes is amended to read:

AB275,11,2 302.13 Preservation of property an inmate brings to prison. The department shall preserve money and effects, except clothes, in the possession of an inmate when admitted to the prison and, subject to the crime victim and witness assistance surcharge under s. 973.045 (4) and, the deoxyribonucleic acid analysis surcharge under s. 973.046, and the drug offender diversion surcharge under s. 973.043, shall restore the money and effects to the inmate when discharged.

AB275, s. 10 Section 10. 302.43 of the statutes is amended to read:

AB275,11,18 302.43 Good time. Every inmate of a county jail is eligible to earn good time in the amount of one-fourth of his or her term for good behavior if sentenced to at least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects or refuses to perform any duty lawfully required of him or her, may be deprived by the sheriff of good time under this section, except that the sheriff shall not deprive the inmate of more than 2 days good time for any one offense without the approval of the court. An inmate who files an action or special proceeding, including a petition for a common law writ of certiorari, to which s. 807.15 applies shall be deprived of the number of days of good time specified in the court order prepared under s. 807.15 (3). This section does not apply to a person who is confined in the county jail in connection with his or her participation in a substance abuse treatment program that meets the requirements of s. 16.964 (10) (c), as determined by the office of justice assistance under s. 16.964 (10) (j).

AB275, s. 11 Section 11. 303.01 (8) (b) of the statutes is amended to read:

AB275,12,5 303.01 (8) (b) The department shall distribute earnings of an inmate or resident, other than an inmate or resident employed under sub. (2) (em), for the crime victim and witness assistance surcharge under s. 973.045 (4), for the delinquency victim and witness assistance surcharge under s. 938.34 (8d) (c), for the deoxyribonucleic acid analysis surcharge under s. 973.046 (4) and for compliance with s. 303.06 (2) and may distribute earnings for the support of the inmate's or resident's dependents and for other obligations either acknowledged by the inmate or resident in writing or which have been reduced to judgment that may be satisfied according to law. The department may also distribute earnings for the drug offender diversion surcharge under s. 973.043, but only if the inmate or resident has first provided for the reasonable support of his or her dependents.

AB275, s. 12 Section 12. 303.01 (8) (c) 8. of the statutes is created to read:

AB275,12,8 303.01 (8) (c) 8. Payment of the drug offender diversion surcharge under s. 973.043.

AB275, s. 13 Section 13. 303.065 (5) (cm) of the statutes is created to read:

AB275,12,11 303.065 (5) (cm) Payment of the drug offender diversion surcharge under s. 973.043.

AB275, s. 14 Section 14. 814.75 (11) of the statutes is created to read:

AB275,12,13 814.75 (11) The drug offender diversion surcharge under s. 973.043.

AB275, s. 15 Section 15. 814.76 (9) of the statutes is created to read:

AB275,12,15 814.76 (9) The drug offender diversion surcharge under s. 973.043.

AB275, s. 16 Section 16. 961.41 (5) (a) of the statutes is amended to read:

AB275,12,19 961.41 (5) (a) When a court imposes a fine for a violation of this section, it shall also impose a drug abuse program improvement surcharge under ch. 814 in an amount of 50% 75 percent of the fine and penalty surcharge imposed.

AB275, s. 17 Section 17. 961.41 (5) (c) of the statutes is renumbered 961.41 (5) (c) 1. and amended to read:

AB275,12,24 961.41 (5) (c) 1. All Two-thirds of all moneys collected from drug surcharges shall be deposited by the secretary of administration in and utilized in accordance with s. 20.435 (6) (gb).

AB275, s. 18 Section 18. 961.41 (5) (c) 2. of the statutes is created to read:

AB275,13,3 961.41 (5) (c) 2. One-third of all moneys collected from drug surcharges shall be deposited by the secretary of administration in and utilized in accordance with s. 20.505 (6) (kv).

AB275, s. 19 Section 19. 961.472 (5) of the statutes is repealed and recreated to read:

AB275,13,6 961.472 (5) The court is not required to enter an order under sub. (2) if any of the following applies:

AB275,13,8 (a) The court finds that the person is already covered by or has recently completed an assessment under this section or a substantially similar assessment.

AB275,13,11 (b) The person is participating in a substance abuse treatment program that meets the requirements of s. 16.964 (10) (c), as determined by the office of justice assistance under s. 16.964 (10) (i).

AB275, s. 20 Section 20. 967.11 of the statutes is created to read:

AB275,13,17 967.11 Alternatives to prosecution and incarceration; monitoring participants. (1) In this section, "approved substance abuse treatment program" means a substance abuse treatment program that meets the requirements of s. 16.964 (10) (c), as determined by the office of justice assistance under s. 16.964 (10) (i).

AB275,13,22 (2) If a county establishes an approved substance abuse treatment program and the program authorizes the use of surveillance and monitoring technology or day reporting programs, a court or a district attorney may require a person participating in an approved substance abuse treatment program to submit to surveillance and monitoring technology or a day reporting program as a condition of participation.

AB275, s. 21 Section 21. 973.032 (6) of the statutes is amended to read:

AB275,14,3 973.032 (6) Credit. Any sentence credit under s. 973.155 (1) or (1m) applies toward service of the period under sub. (3) (a) but does not apply toward service of the period under sub. (3) (b).

AB275, s. 22 Section 22. 973.043 of the statutes is created to read:

AB275,14,7 973.043 Drug offender diversion surcharge. (1) If a court imposes a sentence or places a person on probation for a crime under ch. 943, the court shall impose a drug offender diversion surcharge of $10 for each conviction.

AB275,14,11 (2) After determining 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.

AB275,14,14 (3) All moneys collected from drug offender diversion surcharges shall be credited to the appropriation account under s. 20.505 (6) (kv) and used for the purpose of making grants to counties under s. 16.964 (10).

AB275,14,18 (4) If an inmate in a state prison or a person sentenced to a state prison has not paid the drug offender diversion surcharge under this section, the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected shall be transmitted to the secretary of administration.

AB275, s. 23 Section 23. 973.05 (2m) of the statutes is amended to read:

AB275,15,18 973.05 (2m) Payments under this section shall be applied first to payment of the penalty surcharge until paid in full, shall then be applied to the payment of the jail surcharge until paid in full, shall then be applied to the payment of part A of the crime victim and witness assistance surcharge until paid in full, shall then be applied to part B of the crime victim and witness assistance surcharge until paid in full, shall then be applied to the crime laboratories and drug law enforcement surcharge until paid in full, shall then be applied to the deoxyribonucleic acid analysis surcharge until paid in full, shall then be applied to the drug abuse program improvement surcharge until paid in full, shall then be applied to the drug offender diversion surcharge until paid in full, shall then be applied to payment of the driver improvement surcharge until paid in full, shall then be applied to the truck driver education surcharge if applicable until paid in full, shall then be applied to payment of the domestic abuse surcharge until paid in full, shall then be applied to payment of the consumer protection surcharge until paid in full, shall then be applied to payment of the natural resources surcharge if applicable until paid in full, shall then be applied to payment of the natural resources restitution surcharge until paid in full, shall then be applied to the payment of the environmental surcharge if applicable until paid in full, shall then be applied to the payment of the wild animal protection surcharge if applicable until paid in full, shall then be applied to payment of the weapons surcharge until paid in full, shall then be applied to payment of the uninsured employer surcharge until paid in full, shall then be applied to payment of the enforcement surcharge under s. 253.06 (4) (c), if applicable, until paid in full, and shall then be applied to payment of the fine and the costs and fees imposed under ch. 814.

AB275, s. 24 Section 24. 973.155 (1) (b) of the statutes is amended to read:

AB275,15,24 973.155 (1) (b) The categories in par. (a) and sub. (1m) 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.

AB275, s. 25 Section 25. 973.155 (1m) of the statutes is created to read:

AB275,16,5 973.155 (1m) A convicted offender shall be given credit toward the service of his or her sentence for all days spent in custody as part of a substance abuse treatment program that meets the requirements of s. 16.964 (10) (c), as determined by the office of justice assistance under s. 16.964 (10) (i) for any offense arising out of the course of conduct that led to the person's placement in that program.

AB275, s. 26 Section 26. 973.155 (3) of the statutes is amended to read:

AB275,16,9 973.155 (3) The credit provided in sub. (1) or (1m) shall be computed as if the convicted offender had served such time in the institution to which he or she has been sentenced.

AB275, s. 27 Section 27. Nonstatutory provisions.

AB275,16,16 (1) By December 31, 2006, the department of health and family services shall submit a report to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under section 13.172 (3), regarding how it determined, under section 16.964 (10) (c) 4. of the statutes, as created by this act, what are the evidence-based practices in substance abuse and mental health treatment.

AB275, s. 28 Section 28 . Initial applicability.

AB275,16,19 (1) The treatment of sections 814.75 (11), 814.76 (9), and 973.043 of the statutes first applies to crimes committed on the effective date of this subsection.

AB275, s. 29 Section 29. Effective date.

AB275,16,24 (1) The treatment of sections 46.07, 301.32 (1), 302.12 (2), 302.13, 303.01 (8) (b) and (c) 8., 303.065 (5) (cm), 814.75 (11), 814.76 (9), 973.043, and 973.05 (2m) of the statutes and Section 28 (1) take effect on the first day of the 3rd month beginning after publication.

AB275,16,25 (End)