SB40: Bill Text

SB40,1411,13 301.12 (14) (g) For purposes of determining child support under par. (b), the department shall promulgate rules related to the application of the standard established by the department of workforce development children and families under s. 49.22 (9) to a child support obligation for the care and maintenance of a child who is placed by a court order under s. 938.183, 938.355 or 938.357 in a residential, nonmedical facility. The rules shall take into account the needs of any person, including dependent children other than the child, whom either parent is legally obligated to support.

SB40, s. 3106 Section 3106. 301.21 (1m) (c) of the statutes is amended to read:

SB40,1411,19 301.21 (1m) (c) Any hearing to consider parole or whether to grant or terminate extended supervision, if the prisoner is sentenced under s. 973.01 for a Class F to a Class I felony to which an inmate confined under this contract may be entitled by the laws of Wisconsin will be conducted by the Wisconsin parole earned release review commission under rules of the department.

SB40, s. 3107 Section 3107. 301.21 (2m) (c) of the statutes is amended to read:

SB40,1411,25 301.21 (2m) (c) Any hearing to consider parole or whether to grant or terminate extended supervision, if the prisoner is sentenced under s. 973.01 for a Class F to a Class I felony, to which a prisoner confined under a contract under this subsection may be entitled by the laws of Wisconsin shall be conducted by the Wisconsin parole earned release review commission under rules of the department.

SB40, s. 3108 Section 3108. 301.25 of the statutes is amended to read:

SB40,1412,9 301.25 Sewer system at Taycheedah Correctional Institution. The department, with the approval of the governor, may enter into an agreement containing terms, conditions and covenants approved by the building commission, to participate in the construction of a sanitary sewer system in the area adjacent to the Taycheedah Correctional Institution in the town of Taycheedah, Fond du Lac County; to connect the sewer system of the Taycheedah Correctional Institution thereto; to pay sewage disposal charges; and to grant easements or , subject to s. 16.848, convey land to meet construction requirements.

SB40, s. 3109 Section 3109. 301.26 (3) (c) of the statutes is amended to read:

SB40,1412,13 301.26 (3) (c) Within the limits of the appropriations under s. 20.410 (3) (cd) and, (ko), and (r), the department shall allocate funds to each county for services under this section.

SB40, s. 3110 Section 3110. 301.26 (3) (em) of the statutes is amended to read:

SB40,1412,21 301.26 (3) (em) The department may carry forward any emergency funds allocated under sub. (7) (e) and not encumbered or carried forward under par. (dm) by December 31 to the next 2 calendar years. The department may transfer moneys from or within s. 20.410 (3) (cd), (ko), and (r) to accomplish this purpose. The department may allocate these transferred moneys to counties that are eligible for emergency payments under sub. (7) (e). The allocation does not affect a county's base allocation.

SB40, s. 3111 Section 3111. 301.26 (4) (a) of the statutes is amended to read:

SB40,1413,9 301.26 (4) (a) Except as provided in pars. (c) and (cm), the department of corrections shall bill counties or deduct from the allocations under s. 20.410 (3) (cd), (ko), and (r) for the costs of care, services and supplies purchased or provided by the department of corrections for each person receiving services under s. 48.366, 938.183 or 938.34 or the department of health and family services for each person receiving services under s. 46.057 or 51.35 (3). The department of corrections may not bill a county for or deduct from a county's allocation the cost of care, services and supplies provided to a person subject to an order under s. 48.366 or 938.183 after the person reaches 18 years of age. Payment shall be due within 60 days after the billing date. If any payment has not been received within 60 days, the department of corrections may withhold aid payments in the amount due from the appropriation under s. 20.410 (3) (cd).

SB40, s. 3112 Section 3112. 301.26 (4) (c) of the statutes is amended to read:

SB40,1413,17 301.26 (4) (c) Notwithstanding pars. (a), (b), and (bm), the department of corrections shall pay, from the appropriation under s. 20.410 (3) (hm), (ho). or (hr), the costs of care, services, and supplies provided for each person receiving services under s. 46.057, 48.366, 51.35 (3), 938.183, or 938.34 who was under the guardianship of the department of health and family services children and families pursuant to an order under ch. 48 at the time that the person was adjudicated delinquent.

SB40, s. 3113 Section 3113. 301.26 (4) (d) 2. of the statutes is amended to read:

SB40,1414,2 301.26 (4) (d) 2. Beginning on July 1, 2005 2007, and ending on June 30, 2006 2008, the per person daily cost assessment to counties shall be $203 $269 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $203 $269 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $234 $277 for care in a residential care center for children and youth, $157 $165 for care in a group home for children, $47 $67 for care in a foster home, $83 $132 for care in a treatment foster home, $81 $99 for departmental corrective sanctions services, and $32 $40 for departmental aftercare services.

SB40, s. 3114 Section 3114. 301.26 (4) (d) 3. of the statutes is amended to read:

SB40,1414,11 301.26 (4) (d) 3. Beginning on July 1, 2006 2008, and ending on June 30, 2007 2009, the per person daily cost assessment to counties shall be $209 $279 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $209 $279 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $244 $296 for care in a residential care center for children and youth, $163 $172 for care in a group home for children, $50 $74 for care in a foster home, $87 $145 for care in a treatment foster home, $82 $101 for departmental corrective sanctions services, and $33 $41 for departmental aftercare services.

SB40, s. 3115 Section 3115. 301.26 (6) (a) of the statutes is amended to read:

SB40,1414,16 301.26 (6) (a) The intent of this subsection is to develop criteria to assist the legislature in allocating funding, excluding funding for base allocations, from the appropriations under s. 20.410 (3) (cd) and, (ko), and (r) for purposes described in this section.

SB40, s. 3116 Section 3116. 301.26 (7) (intro.) of the statutes is amended to read:

SB40,1414,23 301.26 (7) Allocations of funds. (intro.) Within the limits of the availability of federal funds and of the appropriations under s. 20.410 (3) (cd) and, (ko), and (r), the department shall allocate funds for community youth and family aids for the period beginning on July 1, 2005 2007, and ending on June 30, 2007 2009, as provided in this subsection to county departments under ss. 46.215, 46.22, and 46.23 as follows:

SB40, s. 3117 Section 3117. 301.26 (7) (a) of the statutes is amended to read:

SB40,1415,4 301.26 (7) (a) For community youth and family aids under this section, amounts not to exceed $44,145,100 $46,645,100 for the last 6 months of 2005, $88,290,200 for 2006, and $44,145,100 2007, $93,290,200 for 2008, and $46,645,100 for the first 6 months of 2007 2009.

SB40, s. 3118 Section 3118. 301.26 (7) (b) (intro.) of the statutes is amended to read:

SB40,1415,9 301.26 (7) (b) (intro.) Of the amounts specified in par. (a), the department shall allocate $2,000,000 for the last 6 months of 2005 2007, $4,000,000 for 2006 2008, and $2,000,000 for the first 6 months of 2007 2009 to counties based on each of the following factors weighted equally:

SB40, s. 3119 Section 3119. 301.26 (7) (bm) of the statutes is created to read:

SB40,1415,15 301.26 (7) (bm) Of the amounts specified in par. (a), the department shall allocate $2,500,000 for the last 6 months of 2007, $5,000,000 for 2008, and $2,500,000 for the first 6 months of 2009 to counties based on each county's proportion of the number of juveniles statewide who are placed in a juvenile correctional facility during the most recent 3-year period for which that information is available.

SB40, s. 3120 Section 3120. 301.26 (7) (c) of the statutes is amended to read:

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: