AB64,1828 9Section 1828. 287.91 (4) of the statutes is amended to read:
AB64,805,1210 287.91 (4) The department of natural resources shall reimburse the
11department of justice for the expenses incurred in enforcing this chapter from the
12appropriation under s. 20.370 (2) (4) (ma).
AB64,1829 13Section 1829. 289.31 (7) (f) of the statutes is amended to read:
AB64,805,2214 289.31 (7) (f) If the owner or operator of a site or facility subject to an order
15under par. (d) is a municipality, the municipality is responsible for conducting any
16monitoring ordered under par. (d). The department shall, from the environmental
17fund appropriation under s. 20.370 (2) (4) (dv), reimburse the municipality for the
18costs of monitoring that exceed an amount equal to $3 per person residing in the
19municipality for each site or facility subject to an order under par. (d), except that the
20maximum reimbursement is $100,000 for each site or facility. The department shall
21exclude any monitoring costs paid under the municipality's liability insurance
22coverage in calculating the municipal cost of monitoring a site or facility.
AB64,1830 23Section 1830. 289.43 (7) (e) 3. of the statutes is amended to read:
AB64,805,2524 289.43 (7) (e) 3. All fees collected under this paragraph shall be credited to the
25appropriation under s. 20.370 (2) (4) (dg).
AB64,1831
1Section 1831. 289.64 (6) of the statutes is amended to read:
AB64,806,42 289.64 (6) Use of solid waste facility siting board fees. The fees collected
3under sub. (2) shall be credited to the appropriation under s. 20.370 (2) (4) (eg) for
4transfer to the appropriation under s. 20.505 (4) (k).
AB64,1832 5Section 1832. 289.68 (1) of the statutes is amended to read:
AB64,806,136 289.68 (1) Payments from the waste management fund. The department may
7expend moneys in the waste management fund only for the purposes specified under
8subs. (3) to (6) and 1991 Wisconsin Act 39, section 9142 (2w). The department may
9expend moneys appropriated under s. 20.370 (2) (4) (dq) for the purposes specified
10under subs. (3) and (5) and 1991 Wisconsin Act 39, section 9142 (2w). The
11department may expend moneys appropriated under s. 20.370 (2) (4) (dt) for the
12purposes specified under sub. (4). The department may expend moneys appropriated
13under s. 20.370 (2) (4) (dy) and (dz) for the purposes specified under sub. (6).
AB64,1833 14Section 1833. 289.68 (3) of the statutes is amended to read:
AB64,806,2015 289.68 (3) Payments for long-term care after termination of proof of
16financial responsibility.
The department may spend moneys appropriated under
17s. 20.370 (2) (4) (dq) for the costs of long-term care of an approved facility for which
18the plan of operation was approved under s. 289.30 (6) before August 9, 1989, that
19accrue after the requirement to provide proof of financial responsibility expires
20under s. 289.41 (1m) (b) or (f) as authorized under s. 289.41 (11) (b) 2.
AB64,1834 21Section 1834. 289.68 (4) of the statutes is amended to read:
AB64,806,2522 289.68 (4) Payment of closure and long-term care costs; forfeited bonds and
23similar moneys.
The department may utilize moneys appropriated under s. 20.370
24(2) (4) (dt) for the payment of costs associated with compliance with closure and
25long-term care requirements under s. 289.41 (11) (b) 1.
AB64,1835
1Section 1835. 289.68 (5) of the statutes is amended to read:
AB64,807,42 289.68 (5) Prevention of imminent hazard. The department may utilize
3moneys appropriated under s. 20.370 (2) (4) (dq) for the payment of costs associated
4with imminent hazards as authorized under s. 289.41 (11) (c) and (cm).
AB64,1836 5Section 1836. 289.68 (6) of the statutes is amended to read:
AB64,807,86 289.68 (6) Payment of corrective action, forfeited bonds and recovered
7moneys.
The department may utilize moneys appropriated under s. 20.370 (2) (4)
8(dy) and (dz) for the payment of costs of corrective action under s. 289.41 (11) (bm).
AB64,1837 9Section 1837. 292.11 (6) (a) of the statutes is amended to read:
AB64,807,1510 292.11 (6) (a) Contingency plan; activities resulting from discharges. The
11department may utilize moneys appropriated under s. 20.370 (2) (4) (dv) and (my)
12(ms) in implementing and carrying out the contingency plan developed under sub.
13(5) and to provide for the procurement, maintenance, and storage of necessary
14equipment and supplies, personnel training, and expenses incurred in identifying,
15locating, monitoring, containing, removing, and disposing of discharged substances.
AB64,1838 16Section 1838. 292.11 (6) (b) of the statutes is amended to read:
AB64,807,2017 292.11 (6) (b) Limitation on equipment expenses. No more than 25 percent of
18the moneys available under the appropriation under s. 20.370 (2) (4) (dv) or (my) (ms)
19during any fiscal year may be used for the procurement and maintenance of
20necessary equipment during that fiscal year.
AB64,1839 21Section 1839. 292.11 (6) (c) 2. of the statutes is amended to read:
AB64,807,2422 292.11 (6) (c) 2. Reimbursements to the department under section 311, federal
23water pollution control act amendments of 1972, P.L. 92-500, shall be credited to the
24appropriation under s. 20.370 (2) (my) (4) (ms).
AB64,1840 25Section 1840. 292.31 (4) of the statutes is amended to read:
AB64,808,7
1292.31 (4) Monitoring costs at nonapproved facilities owned or operated by
2municipalities.
Notwithstanding the environmental response rules under sub. (2) or
3the environmental repair authority, remedial action sequence, and emergency
4response requirements under sub. (3), the department shall pay that portion of the
5cost of any monitoring requirement which is to be paid under s. 289.31 (7) (f) from
6the appropriation under s. 20.370 (2) (4) (dv) prior to making other payments from
7that appropriation.
AB64,1841 8Section 1841. 292.31 (7) (am) 2. of the statutes is amended to read:
AB64,808,169 292.31 (7) (am) 2. The department may acquire an interest in property from
10any person as part of a remedial action conducted in cooperation with the federal
11environmental protection agency if the acquisition is necessary to implement the
12remedy. Under this subdivision, the department may acquire an interest in property
13that is necessary to ensure that restrictions on the use of land or groundwater are
14enforceable. The department may expend moneys from the appropriations under ss.
1520.370 (2) (4) (dv) and 20.866 (2) (tg) if necessary to compensate a person for an
16interest in property acquired by the department under this subdivision.
AB64,1842 17Section 1842. 292.31 (7) (b) of the statutes is amended to read:
AB64,809,218 292.31 (7) (b) The department may expend moneys from the appropriations
19under ss. 20.370 (2) (4) (dv) and 20.866 (2) (tg) as required under 42 USC 9601, et seq.
20The department shall promulgate by rule criteria for the expenditure of moneys from
21the appropriations under ss. 20.370 (2) (4) (dv) and 20.866 (2) (tg). The criteria shall
22include consideration of the amount of moneys available in the appropriations under
23ss. 20.370 (2) (4) (dv) and 20.866 (2) (tg), the moneys available from other sources for
24the required sharing of costs, the differences between public and private sites or

1facilities, the potential for cost recovery from responsible parties, and any other
2appropriate factors.
AB64,1843 3Section 1843. 292.41 (6) (a) of the statutes is amended to read:
AB64,809,84 292.41 (6) (a) The department may utilize moneys appropriated under s.
520.370 (2) (4) (dv) and (my) (ms) in taking action under sub. (4). The department shall
6utilize these moneys to provide for the procurement, maintenance , and storage of
7necessary equipment and supplies, personnel training, and expenses incurred in
8locating, identifying, removing, and disposing of abandoned containers.
AB64,1844 9Section 1844. 292.41 (6) (b) of the statutes is amended to read:
AB64,809,1210 292.41 (6) (b) No more than 25 percent of the total of all moneys available under
11the appropriation under s. 20.370 (2) (4) (dv) and (my) (ms) may be used annually for
12the procurement and maintenance of necessary equipment during that fiscal year.
AB64,1845 13Section 1845. 292.55 (2) of the statutes is amended to read:
AB64,809,1814 292.55 (2) The department may assess and collect fees from a person to offset
15the costs of providing assistance under sub. (1). The department shall promulgate
16rules for the assessment and collection of fees under this subsection. Fees collected
17under this subsection shall be credited to the appropriation account under s. 20.370
18(2) (4) (dh).
AB64,1846 19Section 1846. 292.57 (2) (b) of the statutes is amended to read:
AB64,809,2120 292.57 (2) (b) Any moneys collected under this subsection shall be credited to
21the appropriation account under s. 20.370 (2) (4) (dh).
AB64,1847 22Section 1847. 292.70 (7) of the statutes is amended to read:
AB64,809,2523 292.70 (7) Review and payment. If a claim is filed under an agreement under
24sub. (2) or (3), the department shall review the claim to determine whether it is valid.
25A valid claim shall be paid from the appropriation under s. 20.370 (2) (4) (fq).
AB64,1848
1Section 1848. 292.94 of the statutes is amended to read:
AB64,810,9 2292.94 Fees related to enforcement actions. The department may assess
3and collect fees from a person who is subject to an order or other enforcement action
4for a violation of s. 292.11 or 292.31 to cover the costs incurred by the department to
5review the planning and implementation of any environmental investigation or
6environmental cleanup that the person is required to conduct. The department shall
7promulgate rules for the assessment and collection of fees under this section. Fees
8collected under this section shall be credited to the appropriation account under s.
920.370 (2) (4) (dh).
AB64,1849 10Section 1849. 301.03 (3) (intro.) of the statutes is amended to read:
AB64,810,1811 301.03 (3) (intro.) Administer Decide whether to grant or deny parole to
12inmates, and administer
parole, extended supervision, and probation matters,
13except that the decision to grant or deny parole to inmates shall be made by the parole
14commission and
the decision to revoke probation, extended supervision, or parole, in
15cases in which there is no waiver of the right to a hearing, shall be made by the
16division of hearings and appeals in the department of administration. The secretary
17may grant special action parole releases under s. 304.02. The department shall
18promulgate rules to do all of the following:
AB64,1850 19Section 1850. 301.048 (2) (am) 3. of the statutes is amended to read:
AB64,810,2220 301.048 (2) (am) 3. The parole commission grants him or her He or she is
21granted
parole under s. 304.06 and requires his or her participation in the program
22is required as a condition of parole under s. 304.06 (1x).
AB64,1851 23Section 1851. 301.16 (1r) of the statutes is amended to read:
AB64,811,624 301.16 (1r) In addition to the institutions under sub. (1), the department shall
25establish a medium security correctional institution for persons 15 years of age or

1over, but not more than 24 years of age, who have been placed in a state prison under
2s. 302.01. The medium security correctional institution under this subsection shall
3be known as the Racine Youthful Offender Correctional Facility and shall be located
4at the intersection of Albert Street and North Memorial Drive in the city of Racine.
5The department shall limit the number of prisoners who may be placed at the Racine
6Youthful Offender Correctional Facility to no more than 450 500 at any one time.
AB64,1852 7Section 1852. 301.21 (1m) (c) of the statutes is amended to read:
AB64,811,108 301.21 (1m) (c) Any hearing to consider parole to which an inmate confined
9under this contract may be entitled by the laws of Wisconsin will be conducted by the
10Wisconsin parole commission under rules of the department.
AB64,1853 11Section 1853. 301.21 (2m) (c) of the statutes is amended to read:
AB64,811,1412 301.21 (2m) (c) Any hearing to consider parole to which a prisoner confined
13under a contract under this subsection may be entitled by the laws of Wisconsin shall
14be conducted by the Wisconsin parole commission under rules of the department.
AB64,1854 15Section 1854. 301.26 (4) (d) 2. of the statutes, as affected by 2015 Wisconsin
16Act 55
, section 4270, is repealed and recreated to read:
AB64,811,2017 301.26 (4) (d) 2. Beginning on July 1, 2017, and ending on June 30, 2018, the
18per person daily cost assessment to counties shall be $344 for care in a Type 1
19juvenile correctional facility, as defined in s. 938.02 (19), and $344 for care for
20juveniles transferred from a juvenile correctional institution under s. 51.35 (3).
AB64,1855 21Section 1855. 301.26 (4) (d) 3. of the statutes, as affected by 2015 Wisconsin
22Act 55
, section 4272, is repealed and recreated to read:
AB64,812,223 301.26 (4) (d) 3. Beginning on July 1, 2018, and ending on June 30, 2019, the
24per person daily cost assessment to counties shall be $352 for care in a Type 1

1juvenile correctional facility, as defined in s. 938.02 (19), and $352 for care for
2juveniles transferred from a juvenile correctional institution under s. 51.35 (3).
AB64,1856 3Section 1856. 302.045 (3) of the statutes is amended to read:
AB64,812,114 302.045 (3) Parole eligibility. Except as provided in sub. (4), if the department
5determines that an inmate serving a sentence other than one imposed under s.
6973.01 has successfully completed the challenge incarceration program, the parole
7commission
department shall parole the inmate for that sentence under s. 304.06,
8regardless of the time the inmate has served. When the parole commission
9department grants parole under this subsection, it must require the parolee to
10participate in an intensive supervision program for drug abusers as a condition of
11parole.
AB64,1857 12Section 1857. 302.05 (3) (b) of the statutes is amended to read:
AB64,812,1913 302.05 (3) (b) Except as provided in par. (d), if the department determines that
14an eligible inmate serving a sentence other than one imposed under s. 973.01 has
15successfully completed a treatment program described in sub. (1), the parole
16commission
department shall parole the inmate for that sentence under s. 304.06,
17regardless of the time the inmate has served. If the parole commission department
18grants parole under this paragraph, it shall require the parolee to participate in an
19intensive supervision program for drug abusers as a condition of parole.
AB64,1858 20Section 1858. 302.11 (1g) (b) (intro.) of the statutes is amended to read:
AB64,813,321 302.11 (1g) (b) (intro.) Before an incarcerated inmate with a presumptive
22mandatory release date reaches the presumptive mandatory release date specified
23under par. (am), the parole commission department shall proceed under s. 304.06 (1)
24to consider whether to deny presumptive mandatory release to the inmate. If the
25parole commission department does not deny presumptive mandatory release, the

1inmate shall be released on parole. The parole commission department may deny
2presumptive mandatory release to an inmate only on one or more of the following
3grounds:
AB64,1859 4Section 1859. 302.11 (1g) (b) 2. of the statutes is amended to read:
AB64,813,115 302.11 (1g) (b) 2. Refusal by the inmate to participate in counseling or
6treatment that the social service and clinical staff of the institution determines is
7necessary for the inmate, including pharmacological treatment using an
8antiandrogen or the chemical equivalent of an antiandrogen if the inmate is a serious
9child sex offender as defined in s. 304.06 (1q) (a). The parole commission department
10may not deny presumptive mandatory release to an inmate because of the inmate's
11refusal to participate in a rehabilitation program under s. 301.047.
AB64,1860 12Section 1860. 302.11 (1g) (c) of the statutes is amended to read:
AB64,813,1613 302.11 (1g) (c) If the parole commission department denies presumptive
14mandatory release to an inmate under par. (b), the parole commission department
15shall schedule regular reviews of the inmate's case to consider whether to parole the
16inmate under s. 304.06 (1).
AB64,1861 17Section 1861. 302.11 (1g) (d) of the statutes is amended to read:
AB64,813,2018 302.11 (1g) (d) An inmate may seek review of a decision by the parole
19commission
department relating to the denial of presumptive mandatory release
20only by the common law writ of certiorari.
AB64,1862 21Section 1862. 302.11 (1m) of the statutes is amended to read:
AB64,813,2422 302.11 (1m) An inmate serving a life term is not entitled to mandatory release.
23Except as provided in ss. 939.62 (2m) (c) and 973.014, the parole commission
24department may parole the inmate as specified in s. 304.06 (1).
AB64,1863 25Section 1863. 302.11 (7) (c) of the statutes is amended to read:
AB64,814,3
1302.11 (7) (c) The parole commission department may subsequently parole,
2under s. 304.06 (1), and the department may subsequently parole, under s. 304.02
3or 304.06 (1), a parolee who is returned to prison for violation of a condition of parole.
AB64,1864 4Section 1864. 302.27 of the statutes is renumbered 302.27 (1) and amended
5to read:
AB64,814,116 302.27 (1) The department may contract with local governments for temporary
7housing or detention in county jails or county houses of correction for persons placed
8on probation or sentenced to imprisonment in state prisons or to the intensive
9sanctions program. The rate under any such contract may not exceed $60 per person
10per day. Nothing in this section subsection limits the authority of the department
11to place persons in jails under s. 301.048 (3) (a) 1.
AB64,1865 12Section 1865. 302.27 (2) of the statutes is created to read:
AB64,814,1813 302.27 (2) Inmates who are assigned to detention in a county jail under sub.
14(1) may be eligible to participate in employment-related programs under s. 303.08
15(1) (a), (b), (bn), and (d). The sheriff, in conjunction with the department, shall
16determine inmate eligibility to participate in employment-related programs and
17may terminate program participation or return an inmate to state facilities, or both,
18at any time.
AB64,1866 19Section 1866. 304.01 (title) of the statutes is amended to read:
AB64,814,21 20304.01 (title) Parole commission and commission chairperson; general
21duties.
AB64,1867 22Section 1867. 304.01 (1) of the statutes is amended to read:
AB64,814,2523 304.01 (1) The chairperson of the parole commission shall administer and
24supervise the commission and its activities and
director of parole shall be the final
25parole-granting authority, except as provided in s. 304.02.
AB64,1868
1Section 1868. 304.01 (2) (intro.) of the statutes is renumbered 304.01 (2) and
2amended to read:
AB64,815,83 304.01 (2) The parole commission department shall conduct regularly
4scheduled interviews to consider the parole of eligible inmates of the adult
5correctional institutions under the control of the department of corrections, eligible
6inmates transferred under ch. 51 and under the control of the department of health
7services and eligible inmates in any county house of correction. The department of
8corrections shall provide all of the following to the parole commission:
AB64,1869 9Section 1869. 304.01 (2) (a) of the statutes is repealed.
AB64,1870 10Section 1870. 304.01 (2) (b) of the statutes is repealed.
AB64,1871 11Section 1871. 304.01 (2) (c) of the statutes is repealed.
AB64,1872 12Section 1872. 304.01 (2) (d) of the statutes is repealed.
AB64,1873 13Section 1873. 304.06 (1) (b) of the statutes is amended to read:
AB64,816,414 304.06 (1) (b) Except as provided in s. 961.49 (2), 1999 stats., sub. (1m) or s.
15302.045 (3), 302.05 (3) (b), 973.01 (6), or 973.0135, the parole commission department
16may parole an inmate of the Wisconsin state prisons or any felon or any person
17serving at least one year or more in a county house of correction or a county
18reforestation camp organized under s. 303.07, when he or she has served 25 percent
19of the sentence imposed for the offense, or 6 months, whichever is greater. Except
20as provided in s. 939.62 (2m) (c) or 973.014 (1) (b) or (c), (1g) or (2), the parole
21commission
department may parole an inmate serving a life term when he or she has
22served 20 years, as modified by the formula under s. 302.11 (1) and subject to
23extension under s. 302.11 (1q) and (2), if applicable. The person serving the life term
24shall be given credit for time served prior to sentencing under s. 973.155, including
25good time under s. 973.155 (4). The secretary may grant special action parole

1releases under s. 304.02. The department or the parole commission shall not provide
2any convicted offender or other person sentenced to the department's custody any
3parole eligibility or evaluation until the person has been confined at least 60 days
4following sentencing.
AB64,1874 5Section 1874. 304.06 (1) (c) (intro.) of the statutes is amended to read:
Loading...
Loading...