AB75: Bill Text

AB75, s. 2664 Section 2664. 292.11 (7) (b) 2. of the statutes is created to read:

AB75,1380,24 292.11 (7) (b) 2. If the department authorizes reimbursement under subd. 1. to be paid over time, it shall require monthly payments of interest, at a rate determined by the department, on the unpaid balance of the reimbursement.

AB75, s. 2665 Section 2665. 292.31 (8) (e) of the statutes is created to read:

AB75,1381,4 292.31 (8) (e) Interest payment. If the department authorizes an amount that the state is entitled to recover under this subsection to be paid over time, it shall require monthly payments of interest, at a rate determined by the department, on the unpaid balance of that amount.

AB75, s. 2666 Section 2666. 301.03 (3) of the statutes is amended to read:

AB75,1381,19 301.03 (3) Administer parole, extended supervision , and probation matters, except that the decision to grant or deny parole or to grant extended supervision under s. 304.06 (1) to inmates shall be made by the parole earned release review commission and the decision to revoke probation, extended supervision or parole in cases in which there is no waiver of the right to a hearing shall be made by the division of hearings and appeals in the department of administration. The secretary may grant special action parole releases under s. 304.02. The department may discharge inmates from extended supervision under s. 973.01 (4m) and may modify a bifurcated sentence under s. 302.113 (9g) or (9h), and the earned release review commission may discharge inmates from extended supervision under s. 973.01 (4r). The department shall promulgate rules establishing a drug testing program for probationers, parolees and persons placed on extended supervision. The rules shall provide for assessment of fees upon probationers, parolees and persons placed on extended supervision to partially offset the costs of the program.

AB75, s. 2667 Section 2667. 301.046 (4) (a) 1. of the statutes is amended to read:

AB75,1381,22 301.046 (4) (a) 1. "Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.

AB75, s. 2668 Section 2668. 301.048 (2) (am) 3. of the statutes is amended to read:

AB75,1382,3 301.048 (2) (am) 3. The parole earned release review commission grants him or her parole under s. 304.06 and requires his or her participation in the program as a condition of parole under s. 304.06 (1x).

AB75, s. 2669 Section 2669. 301.048 (4m) (a) 1. of the statutes is amended to read:

AB75,1382,6 301.048 (4m) (a) 1. "Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.

AB75, s. 2670 Section 2670. 301.12 (14) (a) of the statutes is amended to read:

AB75,1382,18 301.12 (14) (a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17 years of age in residential, nonmedical facilities such as group homes, foster homes, treatment foster homes, residential care centers for children and youth, and juvenile correctional institutions is determined in accordance with the cost-based fee established under s. 301.03 (18). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (2m) or by other 3rd-party benefits, subject to rules which that include formulas governing ability to pay promulgated by the department under s. 301.03 (18). Any liability of the resident not payable by any other person terminates when the resident reaches age 17, unless the liable person has prevented payment by any act or omission.

AB75, s. 2671 Section 2671. 301.12 (14) (b) of the statutes is amended to read:

AB75,1383,3 301.12 (14) (b) Except as provided in par. (c) and subject to par. (cm), liability of a parent specified in sub. (2) or s. 301.03 (18) for the care and maintenance of the parent's minor child who has been placed by a court order under s. 938.183, 938.355, or 938.357 in a residential, nonmedical facility such as a group home, foster home, treatment foster home, residential care center for children and youth, or juvenile correctional institution shall be determined by the court by using the percentage standard established by the department of children and families under s. 49.22 (9) and by applying the percentage standard in the manner established by the department under par. (g).

AB75, s. 2672 Section 2672. 301.21 (1m) (c) of the statutes is amended to read:

AB75,1383,8 301.21 (1m) (c) Any hearing to consider parole or whether to grant extended supervision, if the inmate is sentenced under s. 973.01 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.

AB75, s. 2673 Section 2673. 301.21 (2m) (c) of the statutes is amended to read:

AB75,1383,14 301.21 (2m) (c) Any hearing to consider parole or whether to grant extended supervision, if the prisoner is sentenced under s. 973.01 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.

AB75, s. 2674 Section 2674. 301.26 (3) (c) of the statutes is amended to read:

AB75,1383,18 301.26 (3) (c) Within the limits of the appropriations under s. 20.410 (1) (kd) and (3) (cd) and (ko), the department shall allocate funds to each county for services under this section.

AB75, s. 2675 Section 2675. 301.26 (4) (d) 2. of the statutes is amended to read:

AB75,1384,2 301.26 (4) (d) 2. Beginning on July 1, 2007 2009, and ending on June 30, 2008 2010, the per person daily cost assessment to counties shall be $259 $270 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $259 $270 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $277 $294 for care in a residential care center for children and youth, $165 $190 for care in a group home for children, $67 $72 for care in a foster home, $132 $126 for care in a treatment foster home, $99 $101 for departmental corrective sanctions services, and $35 $40 for departmental aftercare services.

AB75, s. 2676 Section 2676 . 301.26 (4) (d) 2. of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

AB75,1384,12 301.26 (4) (d) 2. Beginning on July 1, 2009 January 1, 2010, and ending on June 30, 2010, the per person daily cost assessment to counties shall be $270 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $270 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $294 for care in a residential care center for children and youth, $190 for care in a group home for children, $72 for care in a foster home, $126 for care in a treatment foster home under rules promulgated under s. 48.62 (8) (c), $101 for departmental corrective sanctions services, and $40 for departmental aftercare services.

AB75, s. 2677 Section 2677. 301.26 (4) (d) 3. of the statutes is amended to read:

AB75,1384,21 301.26 (4) (d) 3. Beginning on July 1, 2008 2010, and ending on June 30, 2009 2011, the per person daily cost assessment to counties shall be $268 $275 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $268 $275 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $296 $309 for care in a residential care center for children and youth, $172 $200 for care in a group home for children, $74 $75 for care in a foster home, $145 $132 for care in a treatment foster home, $101 $103 for departmental corrective sanctions services, and $37 $41 for departmental aftercare services.

AB75, s. 2678 Section 2678 . 301.26 (4) (d) 3. of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

AB75,1385,6 301.26 (4) (d) 3. Beginning on July 1, 2010, and ending on June 30, 2011, the per person daily cost assessment to counties shall be $275 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $275 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $309 for care in a residential care center for children and youth, $200 for care in a group home for children, $75 for care in a foster home, $132 for care in a treatment foster home under rules promulgated under s. 48.62 (8) (c), $103 for departmental corrective sanctions services, and $41 for departmental aftercare services.

AB75, s. 2679 Section 2679. 301.26 (4) (e) of the statutes is amended to read:

AB75,1385,12 301.26 (4) (e) For foster care, treatment foster care, group home care, and institutional child care to delinquent juveniles under ss. 49.19 (10) (d), 938.48 (4) and (14), and 938.52 all payments and deductions made under this subsection and uniform fee collections under s. 301.03 (18) shall be credited to the appropriation account under s. 20.410 (3) (ho).

AB75, s. 2680 Section 2680. 301.26 (4) (ed) of the statutes is amended to read:

AB75,1385,17 301.26 (4) (ed) For foster care, treatment foster care, group home care, and institutional child care to serious juvenile offenders under ss. 49.19 (10) (d), 938.48 (4) and (14), and 938.52 all uniform fee collections under s. 301.03 (18) shall be credited to the appropriation account under s. 20.410 (3) (ho).

AB75, s. 2681 Section 2681. 301.26 (6) (a) of the statutes is amended to read:

AB75,1385,22 301.26 (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 (1) (kd) and (3) (cd) and (ko) for purposes described in this section.

AB75, s. 2682 Section 2682. 301.26 (7) (intro.) of the statutes is amended to read:

AB75,1386,4 301.26 (7) Allocations of funds. (intro.) Within the limits of the availability of federal funds and of the appropriations under s. 20.410 (1) (kd) and (3) (cd) and (ko), the department shall allocate funds for community youth and family aids for the period beginning on July 1, 2007 2009, and ending on June 30, 2009 2011, as provided in this subsection to county departments under ss. 46.215, 46.22, and 46.23 as follows:

AB75, s. 2683 Section 2683. 301.26 (7) (a) (intro.) of the statutes is amended to read:

AB75,1386,9 301.26 (7) (a) (intro.) For community youth and family aids under this section, amounts not to exceed $49,395,100 $49,891,100 for the last 6 months of 2007, $99,790,200 for 2008 2009, $99,782,300 for 2010, and $50,395,100 $49,891,200 for the first 6 months of 2009 2011.

AB75, s. 2684 Section 2684. 301.26 (7) (b) (intro.) of the statutes is amended to read:

AB75,1386,14 301.26 (7) (b) (intro.) Of the amounts specified in par. (a), the department shall allocate $2,000,000 for the last 6 months of 2007 2009, $4,000,000 for 2008 2010, and $2,000,000 for the first 6 months of 2009 2011 to counties based on each of the following factors weighted equally:

AB75, s. 2685 Section 2685. 301.26 (7) (bm) of the statutes is amended to read:

AB75,1386,21 301.26 (7) (bm) Of the amounts specified in par. (a), the department shall allocate $5,250,000 $6,250,000 for the last 6 months of 2007, $11,500,000 for 2008 2009, $12,500,000 for 2010, and $6,250,000 for the first 6 months of 2009 2011 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.

AB75, s. 2686 Section 2686. 301.26 (7) (c) of the statutes is amended to read:

AB75,1387,4 301.26 (7) (c) Of the amounts specified in par. (a), the department shall allocate $1,053,200 for the last 6 months of 2007 2009, $2,106,500 for 2008 2010, and $1,053,300 for the first 6 months of 2009 2011 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.

AB75, s. 2687 Section 2687. 301.26 (7) (e) of the statutes is amended to read:

AB75,1387,10 301.26 (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 2007 2009, $250,000 for 2008 2010, and $125,000 for the first 6 months of 2009 2011. A county is eligible for payments under this paragraph only if it has a population of not more than 45,000.

AB75, s. 2688 Section 2688. 301.26 (7) (h) of the statutes is amended to read:

AB75,1387,21 301.26 (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 2007 2009, $2,124,800 in 2008 2010, and $1,062,400 in the first 6 months of 2009 2011 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.

AB75, s. 2689 Section 2689. 301.26 (8) of the statutes is amended to read:

AB75,1388,2 301.26 (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 2007 2009, $1,333,400 in 2008 2010, and $666,700 in the first 6 months of 2009 2011 for alcohol and other drug abuse treatment programs.

AB75, s. 2690 Section 2690. 301.38 (1) (a) of the statutes is amended to read:

AB75,1388,5 301.38 (1) (a) "Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.

AB75, s. 2691 Section 2691. 301.46 (3) (a) 1. of the statutes is amended to read:

AB75,1388,8 301.46 (3) (a) 1. "Member of the family" means spouse, domestic partner under ch. 770, child, parent, sibling or legal guardian.

AB75, s. 2692 Section 2692. 301.46 (4) (a) 6. of the statutes is amended to read:

AB75,1388,10 301.46 (4) (a) 6. A foster home or treatment foster home licensed under s. 48.62.

AB75, s. 2693 Section 2693. 301.48 (1) (d) of the statutes is amended to read:

AB75,1388,16 301.48 (1) (d) "Lifetime tracking" means global positioning system tracking that is required for a person for the remainder of the person's life or until terminated under sub. (2m), sub. (6), if applicable, or sub. (7) or (7m). "Lifetime tracking" does not include global positioning system tracking under sub. (2) (d), regardless of how long it is required.

AB75, s. 2694 Section 2694. 301.48 (2) (a) (intro.) of the statutes is amended to read:

AB75,1388,20 301.48 (2) (a) (intro.) Except as provided in sub. subs. (2m), (6), (7), and (7m), the department shall maintain lifetime tracking of a person if any of the following occurs with respect to the person on or after January 1, 2008:

AB75, s. 2695 Section 2695. 301.48 (2) (b) (intro.) of the statutes is amended to read:

AB75,1388,24 301.48 (2) (b) (intro.) The Except as provided in subs. (7) and (7m), the department shall maintain lifetime tracking of a person if any of the following occurs with respect to the person on or after January 1, 2008:

AB75, s. 2696 Section 2696. 301.48 (2) (d) of the statutes is amended to read:

AB75,1389,6 301.48 (2) (d) If, on or after January 1, 2008, a person is being placed on probation, extended supervision, parole, or lifetime supervision for committing a sex offense and par. (a) or (b) does not apply, the department may have the person tracked using a global positioning system tracking device, or passive positioning system tracking, as a condition of the person's probation, extended supervision, parole, or lifetime supervision.

AB75, s. 2697 Section 2697. 301.48 (2m) of the statutes is amended to read:

AB75,1389,15 301.48 (2m) Passive positioning system tracking. If a person who is subject to lifetime tracking under sub. (2) (a) 1., 1m., 2., 2m., 3., or 3m. completes his or her sentence, including any probation, parole, or extended supervision, the The department may use passive positioning system tracking instead of maintaining lifetime tracking global positioning system tracking to track a person who is subject to lifetime tracking under sub. (2) (a) 1., 1m., 2., 2m., 3., or 3m. if the department determines that passive positioning tracking is appropriate for the person and if the person has been subject to global positioning system tracking for at least 12 months.

AB75, s. 2698 Section 2698. 301.48 (3) (c) of the statutes is amended to read:

AB75,1389,24 301.48 (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, supervised release, or lifetime supervision. In creating inclusion zones for a person on supervised release, the department shall consider s. 980.08 (9) (a).

AB75, s. 2699 Section 2699. 301.48 (7m) of the statutes is amended to read:

AB75,1390,5 301.48 (7m) Termination if person moves out of state. Notwithstanding sub. (2), if If a person who is subject to being tracked under this section moves out of state, the department shall terminate the person's tracking. If the person returns to the state, the department shall reinstate the person's tracking except as provided under sub. (6) or (7).

AB75, s. 2700 Section 2700. 302.045 (1) of the statutes is amended to read:

AB75,1390,22 302.045 (1) Program. The department shall provide a challenge incarceration program for inmates selected to participate under sub. (2). The program shall provide participants with manual labor, personal development counseling, substance abuse treatment and education, military drill and ceremony, counseling, and strenuous physical exercise, for participants who have not attained the age of 30 as of the date on which they begin participating in the program, or age-appropriate strenuous physical exercise, for all other participants, in preparation for release on parole or extended supervision. The program shall provide, according to each participant's needs as assessed under sub. (2) (d), substance abuse treatment and education, including intensive intervention when indicated, personal development counseling, education, employment readiness training, and other treatment options that are directly related to the participant's criminal behavior. The department shall design the program to include not less than 50 participants at a time and so that a participant may complete the program in not more than 180 days. The department may restrict participant privileges as necessary to maintain discipline.

AB75, s. 2701 Section 2701. 302.045 (2) (d) of the statutes is repealed and recreated to read:

AB75,1390,25 302.045 (2) (d) The department determines, using evidence-based assessment instruments, that one of the following applies:

AB75,1391,2 1. The inmate has a substance abuse treatment need that requires an intensive level of treatment.

AB75,1391,5 2. The inmate has a substance abuse treatment need that does not require an intensive level of treatment but does require education or outpatient services, and the inmate's substance use is not a key factor in his or her criminal behavior.

AB75,1391,7 3. The inmate has one or more treatment needs not related to substance use that is directly related to his or her criminal behavior.

AB75, s. 2702 Section 2702. 302.045 (3) of the statutes is amended to read:

AB75,1391,16 302.045 (3) Parole eligibility. Except as provided in sub. (4), if the department determines that an inmate serving a sentence other than one imposed under s. 973.01 has successfully completed the challenge incarceration program, the parole earned release review commission shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served. When the parole earned release review commission grants parole under this subsection, it must require the parolee to participate in an intensive supervision program for drug abusers appropriate to the parolee's rehabilitation needs as a condition of parole.

AB75, s. 2703 Section 2703. 302.05 (title) of the statutes is amended to read:

AB75,1391,18 302.05 (title) Wisconsin substance abuse earned release program.

AB75, s. 2704 Section 2704. 302.05 (1) (am) (intro.) of the statutes is renumbered 302.05 (1) and amended to read:

AB75,1392,5 302.05 (1) The department of corrections and the department of health services may designate a section of a mental health institute as a correctional treatment facility for the treatment of substance abuse of inmates transferred from Wisconsin state prisons. This section shall be administered by the department of corrections and shall be known as the Wisconsin substance abuse program. The department of corrections and the department of health services shall ensure that the residents at the institution and the residents in the substance abuse program: shall, at any correctional facility the department determines is appropriate, provide a rehabilitation program for inmates for the purposes of the earned release program described in sub. (3).