AB275: Bill Text

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AB275, s. 19 Section 19. 961.472 (5) of the statutes is repealed and recreated to read: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