SB40: Bill Text

SB40,1415,23 301.26 (7) (c) Of the amounts specified in par. (a), the department shall allocate $1,053,200 for the last 6 months of 2005 2007, $2,106,500 for 2006 2008, and $1,053,300 for the first 6 months of 2007 2009 to counties based on each of the factors specified in par. (b) 1. to 3. weighted equally, except that no county may receive an allocation under this paragraph that is less than 93% nor more than 115% of the amount that the county would have received under this paragraph if the allocation had been distributed only on the basis of the factor specified in par. (b) 3.

SB40, s. 3121 Section 3121. 301.26 (7) (cm) of the statutes is created to read:

SB40,1416,5 301.26 (7) (cm) The department shall allocate the amounts specified in par. (a) that are derived from the appropriation under s. 20.410 (3) (r) to counties based on each county's proportion of the number of juveniles statewide who are placed in a juvenile correctional facility or a secured residential care center for children and youth during the most recent 3-year period for which that information is available.

SB40, s. 3122 Section 3122. 301.26 (7) (e) of the statutes is amended to read:

SB40,1416,11 301.26 (7) (e) For emergencies related to community youth and family aids under this section, amounts not to exceed $125,000 for the last 6 months of 2005 2007, $250,000 for 2006 2008, and $125,000 for the first 6 months of 2007 2009. A county is eligible for payments under this paragraph only if it has a population of not more than 45,000.

SB40, s. 3123 Section 3123. 301.26 (7) (h) of the statutes is amended to read:

SB40,1416,22 301.26 (7) (h) For counties that are participating in the corrective sanctions program under s. 938.533 (2), $1,062,400 in the last 6 months of 2005 2007, $2,124,800 in 2006 2008, and $1,062,400 in the first 6 months of 2007 2009 for the provision of corrective sanctions services for juveniles from that county. In distributing funds to counties under this paragraph, the department shall determine a county's distribution by dividing the amount allocated under this paragraph by the number of slots authorized for the program under s. 938.533 (2) and multiplying the quotient by the number of slots allocated to that county by agreement between the department and the county. The department may transfer funds among counties as necessary to distribute funds based on the number of slots allocated to each county.

SB40, s. 3124 Section 3124. 301.26 (8) of the statutes is amended to read:

SB40,1417,2 301.26 (8) Alcohol and other drug abuse treatment. From the amount of the allocations specified in sub. (7) (a), the department shall allocate $666,700 in the last 6 months of 2005 2007, $1,333,400 in 2006 2008, and $666,700 in the first 6 months of 2007 2009 for alcohol and other drug abuse treatment programs.

SB40, s. 3125 Section 3125. 301.265 (title) of the statutes is repealed.

SB40, s. 3126 Section 3126. 301.265 (1) of the statutes is renumbered 16.964 (8) (a) and amended to read:

SB40,1417,13 16.964 (8) (a) From the appropriations under s. 20.410 (3) 20.505 (6) (d) and (kj), the department office shall allocate $500,000 in each fiscal year to enter into a contract with an organization to provide services in a county having a population of 500,000 or more for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational, and employment programs. Notwithstanding s. 16.75, the department office may enter into a contract under this subsection paragraph without soliciting bids or proposals and without accepting the lowest responsible bid or offer.

SB40, s. 3127 Section 3127. 301.265 (2) of the statutes is renumbered 16.964 (8) (b) and amended to read:

SB40,1417,20 16.964 (8) (b) From the appropriation under s. 20.410 (3) (ky) 20.505 (6) (km), the department office may not distribute more than $300,000 in each fiscal year to the organization that it has contracted with under sub. (1) par. (a) for alcohol and other drug abuse education and treatment services for participants in that organization's youth diversion program.

SB40, s. 3128 Section 3128. 301.265 (3) of the statutes is renumbered 16.964 (8) (c) and amended to read:

SB40,1418,17 16.964 (8) (c) From the appropriations under s. 20.410 (3) 20.505 (6) (d) and (kj), the department office shall allocate $150,000 in each fiscal year to enter into a contract with an organization to provide services in Racine County, $150,000 in each fiscal year to enter into a contract with an organization to provide services in Kenosha County, $150,000 in each fiscal year to enter into a contract with an organization that is located in ward 1 2 in the city of Racine to provide services in Racine County, and $150,000 in each fiscal year to enter into a contract with an organization to provide services in Brown County, and from the appropriation under s. 20.410 (3) 20.505 (6) (kj), the department shall allocate $100,000 in each fiscal year to enter into a contract with an organization, for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational, and employment programs, and for alcohol or other drug abuse education and treatment services for participants in that organization's youth diversion program. The organization that is located in ward 1 2 in the city of Racine shall have a recreational facility, shall offer programs to divert youths from gang activities, may not be affiliated with any national or state association, and may not have entered into a contract under s. 301.265 (3), 1995 stats. Notwithstanding s. 16.75, the department office may enter into a contract under this subsection paragraph without soliciting bids or proposals and without accepting the lowest responsible bid or offer.

SB40, s. 3129 Section 3129. 301.37 (1) of the statutes is amended to read:

SB40,1419,2 301.37 (1) The department shall fix reasonable standards and regulations for the design, construction, repair, and maintenance of all houses of correction, reforestation camps maintained under s. 303.07, jails, as defined in s. 302.30, extensions of jails under s. 59.54 (14) (g), rehabilitation facilities under s. 59.53 (8), lockup facilities, as defined in s. 302.30, work camps under s. 303.10, Huber facilities under s. 303.09, and, after consulting with the department of health and family services children and families, all juvenile detention facilities, with respect to their adequacy and fitness for the needs which they are to serve.

SB40, s. 3130 Section 3130. 301.45 (7) (a) of the statutes is amended to read:

SB40,1419,11 301.45 (7) (a) The department shall maintain information provided under sub. (2). The department shall keep the information confidential except as provided in ss. 301.03 (14) and 301.46, except as needed for law enforcement purposes and except to provide, in response to a request for information under s. 49.22 (2m) made by the department of workforce development children and families or a county child support agency under s. 59.53 (5), the name and address of an individual registered under this section, the name and address of the individual's employer and financial information related to the individual.

SB40, s. 3131 Section 3131. 301.45 (9) of the statutes is amended to read:

SB40,1419,16 301.45 (9) Cooperation. The department of health and family services, the department of workforce development children and families, the department of transportation and all circuit courts shall cooperate with the department of corrections in obtaining information under this section.

SB40, s. 3132 Section 3132. 301.45 (10) of the statutes is amended to read:

SB40,1419,22 301.45 (10) The department may require a person who must register as a sex offender and who is in its custody or on probation, parole, or extended supervision to pay an annual fee to partially offset its costs in monitoring persons who are on probation, parole, or extended supervision or who must register as sex offenders. The department shall establish any such fee by rule, but the fee may not exceed $50.

SB40, s. 3133 Section 3133. 301.46 (4) (a) 10m. of the statutes is created to read:

SB40,1419,24 301.46 (4) (a) 10m. The department children and families.

SB40, s. 3134 Section 3134. 301.48 (1) (b) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB40,1420,7 301.48 (1) (b) "Global positioning system tracking" means tracking using a system that actively monitors and identifies can monitor, identify, and record a person's location and timely reports or that records the person's presence near or at a crime scene or in an exclusion zone or the person's departure from an inclusion zone. "Global positioning system tracking" includes comparable technology.

SB40, s. 3135 Section 3135. 301.48 (1) (d) of the statutes, as created by 2005 Wisconsin Act 431, is repealed.

SB40, s. 3136 Section 3136. 301.48 (1) (dm) of the statutes, as created by 2005 Wisconsin Act 431, is repealed.

SB40, s. 3137 Section 3137. 301.48 (2) (a) (intro.) and 4. of the statutes, as created by 2005 Wisconsin Act 431, are consolidated, renumbered 301.48 (2) (am) and amended to read:

SB40,1420,20 301.48 (2) (am) Except as provided in sub. (2m) (6) or (7), as a condition of conditional release, the department shall maintain lifetime tracking of have a person tracked using a global positioning system tracking device if any of the following occurs with respect to the person, on or after July 1, 2007: 4. A January 1, 2008, a court that found the person not guilty of a serious child sex offense by reason of mental disease or mental defect places the person on conditional release.

SB40, s. 3138 Section 3138. 301.48 (2) (a) 1. of the statutes, as created by 2005 Wisconsin Act 431, is repealed.

SB40, s. 3139 Section 3139. 301.48 (2) (a) 2. of the statutes, as created by 2005 Wisconsin Act 431, is renumbered 301.48 (2) (ar) and amended to read:

SB40,1421,5 301.48 (2) (ar) The Except as provided in sub. (6) or (7), if, on or after January 1, 2008, the department releases the a person to extended supervision or parole while the person is serving a sentence for committing a serious child sex offense, the department shall have the person tracked using a global positioning system tracking device as a condition of extended supervision or parole.

SB40, s. 3140 Section 3140. 301.48 (2) (a) 3. of the statutes, as created by 2005 Wisconsin Act 431, is repealed.

SB40, s. 3141 Section 3141. 301.48 (2) (a) 5. of the statutes, as created by 2005 Wisconsin Act 431, is repealed.

SB40, s. 3142 Section 3142. 301.48 (2) (ag) of the statutes is created to read:

SB40,1421,14 301.48 (2) (ag) Except as provided in sub. (6) or (7), if, on or after January 1, 2008, a person is placed on lifetime supervision under s. 939.615 for the commission of a serious child sex offense, the department shall have the person tracked using a global positioning system tracking device as a condition of lifetime supervision.

SB40, s. 3143 Section 3143. 301.48 (2) (b) (intro.) and 1. of the statutes, as created by 2005 Wisconsin Act 431, are consolidated, renumbered 301.48 (2) (bg) and amended to read:

SB40,1421,22 301.48 (2) (bg) The Except as provided in sub. (7), as a condition of supervised release, the department shall maintain lifetime tracking of have a person tracked using a global positioning system tracking device if any of the following occurs with respect to the person, on or after July 1, 2007: 1. A January, 1, 2008, a court places the person on supervised release under s. 980.08 (6m).

SB40, s. 3144 Section 3144. 301.48 (2) (b) 2. of the statutes, as created by 2005 Wisconsin Act 431, is repealed.

SB40, s. 3145 Section 3145. 301.48 (2) (b) 3. of the statutes, as created by 2005 Wisconsin Act 431, is renumbered 301.48 (2) (br) and amended to read:

SB40,1422,8 301.48 (2) (br) The Except as provided in sub. (6) or (7), as a condition of parole, the department shall have a person tracked using a global positioning system tracking device if, on or after January 1, 2008, the department of health and family services places the person on parole or discharges the person under ch. 975. This subdivision paragraph does not apply unless the person's commitment was based on his or her commission of a serious child sex offense.

SB40, s. 3146 Section 3146. 301.48 (2) (c) (intro.) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB40,1422,13 301.48 (2) (c) (intro.) The Except as provided in sub. (6) or (7), the department shall have a person tracked using a global positioning system tracking device if all of the following apply:

SB40, s. 3147 Section 3147. 301.48 (2) (c) 2. of the statutes, as created by 2005 Wisconsin Act 431, is repealed and recreated to read:

SB40,1422,17 301.48 (2) (c) 2. On or after January 1, 2008, the department begins supervision of the person under s. 302.25.

SB40, s. 3148 Section 3148. 301.48 (2) (d) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB40,1422,25 301.48 (2) (d) If, on or after July 1, 2007 January 1, 2008, a person is being placed on probation, extended supervision, or parole, or lifetime supervision for committing a sex offense and par. (a) (b) (ag), (ar), (bg), or (c) does not apply, the department may have the person tracked using a global positioning system tracking device as a condition of the person's probation, extended supervision, or parole, or lifetime supervision.

SB40, s. 3149 Section 3149. 301.48 (2m) of the statutes, as created by 2005 Wisconsin Act 431, is repealed.

SB40, s. 3150 Section 3150. 301.48 (3) (a) (intro.) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB40,1423,8 301.48 (3) (a) (intro.) Except as provided in sub. (2m), the The department shall implement a continuous global positioning tracking system tracking to electronically monitor record the whereabouts of persons who are subject to this section. The system shall do all of the following:

SB40, s. 3151 Section 3151. 301.48 (3) (a) 1. of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB40,1423,16 301.48 (3) (a) 1. Use field monitoring equipment that supports cellular communications with as large a coverage area as possible and shall automatically provide allows instantaneous or nearly instantaneous information regarding the whereabouts of a person who is being monitored tracked, including information regarding the person's presence in an exclusion zone established under par. (c) or absence from an inclusion zone established under par. (c).

SB40, s. 3152 Section 3152. 301.48 (3) (a) 3. of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB40,1423,23 301.48 (3) (a) 3. Immediately alert Allow the department and the local law enforcement agency having jurisdiction over the exclusion or inclusion zone to receive an immediate alert if the person stays in any exclusion zone for any longer period than the time needed to travel through the zone to get to another destination or if the person leaves any inclusion zone.

SB40, s. 3153 Section 3153. 301.48 (3) (b) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB40,1424,3 301.48 (3) (b) The department shall contract with a vendor using a competitive process under s. 16.75 to provide global positioning system tracking services and passive positioning system tracking services for purposes of this section.

SB40, s. 3154 Section 3154. 301.48 (3) (c) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB40,1424,14 301.48 (3) (c) For each person who is subject to global positioning system tracking under this section, the department shall create individualized exclusion and inclusion zones for the person, if necessary to protect public safety. In creating exclusion zones, the department shall focus on areas where children congregate, with perimeters of 100 to 250 feet, and on areas where the person has been prohibited from going as a condition of probation, extended supervision, parole, conditional release, or supervised release, or lifetime supervision. In creating inclusion zones for a person on supervised release, the department shall consider s. 980.08 (7) s. 980.08 (9).

SB40, s. 3155 Section 3155. 301.48 (4) (a) 1. of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB40,1424,18 301.48 (4) (a) 1. The cost of global positioning system tracking or passive positioning system tracking for the person.

SB40, s. 3156 Section 3156. 301.48 (4) (b) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB40,1424,25 301.48 (4) (b) If required by the department, a person who is subject to global positioning system tracking or passive positioning system tracking shall pay for the cost of tracking up to the amount calculated for the person under par. (a) 2. The department shall collect moneys paid by the person under this paragraph and credit those moneys to the appropriation under s. 20.410 (1) (gk).

SB40, s. 3157 Section 3157. 301.48 (4) (c) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB40,1425,8 301.48 (4) (c) The department of health and family services shall pay for the cost of tracking a person to whom sub. (2) (a) 4. or 5. or (b) (am) or (bg) applies while the person is on conditional release or supervised release to the extent that the cost is not covered by payments made by the person under par. (b). The department shall collect moneys paid by the department of health and family services under this paragraph and credit those moneys to the appropriation under s. 20.410 (1) (kx).

SB40, s. 3158 Section 3158. 301.48 (6) (title), (a), (b), (c), (d) 1. and 2., (e), (f), (g), (h) and (i) of the statutes, as created by 2005 Wisconsin Act 431, are amended to read:

SB40,1425,16 301.48 (6) (title) Offender's petition to terminate lifetime tracking. (a) Subject to par. (b), a person who is subject to lifetime tracking being tracked under this section may file a petition requesting that lifetime termination of the tracking be terminated. A person shall file a petition requesting termination of lifetime tracking with the circuit court for the county in which the person was convicted or found not guilty or not responsible by reason of mental disease or defect.

SB40,1425,19 (b) 1. A person may not file a petition requesting termination of lifetime tracking if he or she has been convicted of a crime that was committed during the period of lifetime tracking.

SB40,1425,24 2. A person may not file a petition requesting termination of lifetime tracking earlier than 20 years after the date on which the period of lifetime tracking began. If a person files a petition requesting termination of lifetime tracking at any time earlier than 20 years after the date on which the period of lifetime tracking began, the court shall deny the petition without a hearing.

SB40,1426,2 3. A person described in sub. (2) (b) (bg) may not file a petition requesting termination of lifetime tracking.

SB40,1426,11 (c) Upon receiving a petition requesting termination of lifetime tracking, the court shall send a copy of the petition to the district attorney responsible for prosecuting the serious sex offense that was the basis for the order of lifetime tracking. Upon receiving the copy of the petition, the district attorney shall conduct a criminal history record search to determine whether the person has been convicted of a criminal offense that was committed during the period of lifetime tracking. No later than 30 days after the date on which he or she receives the copy of the petition, the district attorney shall report the results of the criminal history record search to the court and may provide a written response to the petition.

SB40,1426,14 (d) 1. If the report indicates that the person filing the petition has been convicted of a criminal offense that was committed during the period of lifetime tracking, the court shall deny the person's petition without a hearing.

SB40,1426,19 2. If the report indicates that the person filing the petition has not been convicted of a criminal offense that was committed during the period of lifetime tracking, the court shall order the person to be examined under par. (e), shall notify the department that it may submit a report under par. (f), and shall schedule a hearing on the petition to be conducted as provided under par. (g).

SB40,1427,6 (e) A person filing a petition requesting termination of lifetime tracking who is entitled to a hearing under par. (d) 2. shall be examined by a person who is either a physician or a psychologist licensed under ch. 455 and who is approved by the court. The physician or psychologist who conducts an examination under this paragraph shall prepare a report of his or her examination that includes his or her opinion of whether the person petitioning for termination of lifetime tracking is a danger to the public. The physician or psychologist shall file the report of his or her examination with the court within 60 days after completing the examination, and the court shall provide copies of the report to the person filing the petition and the district attorney. The contents of the report shall be confidential until the physician or psychologist testifies at a hearing under par. (g). The person petitioning for termination of lifetime tracking shall pay the cost of an examination required under this paragraph.

SB40,1427,17 (f) After it receives notification from the court under par. (d) 2., the department may prepare and submit to the court a report concerning a person who has filed a petition requesting termination of lifetime tracking. If the department prepares and submits a report under this paragraph, the report shall include information concerning the person's conduct while on lifetime tracking and an opinion as to whether lifetime tracking of the person is still necessary to protect the public. When a report prepared under this paragraph has been received by the court, the court shall, before the hearing under par. (g), disclose the contents of the report to the attorney for the person who filed the petition and to the district attorney. When the person who filed the petition is not represented by an attorney, the contents shall be disclosed to the person.

SB40,1427,25 (g) A hearing on a petition requesting termination of lifetime tracking may not be conducted until the person filing the petition has been examined and a report of the examination has been filed as provided under par. (e). At the hearing, the court shall take evidence it considers relevant to determining whether lifetime tracking should be continued because the person who filed the petition is a danger to the public. The person who filed the petition and the district attorney may offer evidence relevant to the issue of the person's dangerousness and the continued need for lifetime tracking.

SB40,1428,3 (h) The court may grant a petition requesting termination of lifetime tracking if it determines after a hearing under par. (g) that lifetime tracking is no longer necessary to protect the public.

SB40,1428,7 (i) If a petition requesting termination of lifetime tracking is denied after a hearing under par. (g), the person may not file a subsequent petition requesting termination of lifetime tracking until at least 5 years have elapsed since the most recent petition was denied.

SB40, s. 3159 Section 3159. 301.48 (7) (title) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB40,1428,10 301.48 (7) (title) Department's petition to terminate lifetime tracking.

SB40, s. 3160 Section 3160. 301.48 (7) (a) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB40,1428,18 301.48 (7) (a) The department may file a petition requesting that a person's lifetime tracking be terminated person no longer be tracked using a global positioning system tracking device if the person is permanently physically incapacitated. The petition shall include affidavits from 2 physicians that explain the nature of the person's permanent physical incapacitation department determines that tracking is no longer necessary to protect the public.

SB40, s. 3161 Section 3161. 301.48 (7) (b) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB40,1428,25 301.48 (7) (b) 1. The department shall file a petition under par. (a) with the circuit court for the county in which the person was convicted or found not guilty or not responsible by reason of mental disease or defect or, in the case of a person described in sub. (2) (b) (bg), the circuit court for the county in which the person was found to be a sexually violent person.

SB40,1429,4 2. The department shall send a copy of a petition filed under subd. 1. to the district attorney responsible for prosecuting the serious sex offense that was the basis for the order of lifetime tracking or, in the case of a person described in sub. (2) (b) (bg), the agency that filed the petition under s. 980.02.

SB40, s. 3162 Section 3162. 301.48 (7) (c) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB40,1429,19 301.48 (7) (c) Upon its own motion or upon the motion of the party to whom the petition was sent under par. (b) 2., the court may order that the person to whom the petition relates be examined by a physician, or a psychologist licensed under ch. 455, who is approved by the court. The physician or psychologist who conducts an examination under this paragraph shall prepare a report of his or her examination that includes his or her opinion of whether the person is permanently physically incapacitated a danger to the public. The physician or psychologist shall file the report of his or her examination with the court within 60 days after completing the examination, and the court shall provide copies of the report to the department and the party to whom the petition was sent under par. (b) 2. The contents of the report shall be confidential until the physician or psychologist testifies at a hearing under par. (d). The department shall pay the cost of an examination required under this paragraph.