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2015 - 2016 LEGISLATURE
November 13, 2015 - Introduced by Representatives Steffen, Bernier, Born, E.
, R. Brooks, Considine, Czaja, Edming, Genrich, Jacque, Krug,
Macco, Novak, A. Ott, Petryk, Swearingen, Thiesfeldt and Murphy,
cosponsored by Senators Marklein, Gudex, Moulton, Olsen, Ringhand,
Vinehout and Wirch. Referred to Committee on Urban and Local Affairs.
AB522,1,5 1An Act to renumber and amend 304.074 (2); to amend 20.410 (1) (gf) and
2302.33 (2) (a) 3.; and to create 20.410 (1) (gg) and 304.074 (2) (b) of the statutes;
3relating to: reimbursement of counties for probationers, parolees, and persons
4on extended supervision who are placed with the county pending disposition of
5revocation proceedings.
Analysis by the Legislative Reference Bureau
Under this bill, each probationer, parolee, and person on extended supervision
is charged a $3 monthly fee to help reimburse each county for costs it incurred while
holding an individual pending the disposition of a probation, parole, or extended
supervision revocation proceeding. Under current law, counties are reimbursed at
the rate of $40 per person per day unless the amount allocated for reimbursement
is insufficient in which case the Department of Corrections (DOC) must prorate the
payments. Under this bill, the reimbursement rate remains the same but DOC must
use first the proceeds from the new fee and then the account under current law and
prorate the payments only if those amounts are insufficient.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
1Section 1. 20.410 (1) (gf) of the statutes is amended to read:
AB522,2,52 20.410 (1) (gf) Probation, parole, and extended supervision. The amounts in the
3schedule for probation, parole, and extended supervision. All moneys received from
4vendors under s. 301.08 (1) (c) 4. and from fees charged under s. 304.074 (2) (a) shall
5be credited to this appropriation account.
AB522,2 6Section 2. 20.410 (1) (gg) of the statutes is created to read:
AB522,2,127 20.410 (1) (gg) Reimbursement to counties for probation, parole, and extended
8supervision holds.
All moneys received from fees under s. 304.074 (2) (b) to partially
9reimburse counties, as provided under s. 302.33 (2), for the maintenance of persons
10who are placed in the county jail or other county facility, or in a tribal jail under s.
11302.445, pending disposition of probation, parole, or extended supervision
12revocation proceedings.
AB522,3 13Section 3. 302.33 (2) (a) 3. of the statutes is amended to read:
AB522,2,2514 302.33 (2) (a) 3. After verification by the department, it shall reimburse the
15county or tribal governing body at a rate of $36 per person per day prior to January
161, 1993, and
$40 per person per day thereafter, subject to the conditions in subds. 1.
17and 2. Any amount not paid under s. 20.410 (1) (gg) shall be paid under s. 20.410 (1)
If the amount provided under s. 20.410 (1) (bn) for any fiscal year is insufficient
19to provide complete the balance of the reimbursement at that rate, the department
20shall prorate the payments under this subdivision to counties or tribal governing
21bodies for that fiscal year. The department shall not reimburse a county or tribal
22governing body unless that county or tribal governing body informs the department
23of the amount of reimbursement to which it is entitled under this subsection no later
24than September 1 of the fiscal year following the fiscal year for which reimbursement
25is requested.
1Section 4. 304.074 (2) of the statutes, as affected by 2015 Wisconsin Act 55,
2is renumbered 304.074 (2) (intro.) and amended to read:
AB522,3,53 304.074 (2) (intro.) The department shall charge a reasonable fee as
4determined by the department
to probationers, parolees, and persons on extended
5supervision the following fees:
AB522,3,9 6(a) A reasonable fee, as determined by the department, to partially reimburse
7the department for the costs of providing supervision and services. The department
8shall collect moneys for the fees charged under this subsection paragraph and credit
9those moneys to the appropriation account under s. 20.410 (1) (gf).
AB522,5 10Section 5. 304.074 (2) (b) of the statutes is created to read:
AB522,3,1411 304.074 (2) (b) A monthly reimbursement fee of $3 to partially reimburse
12counties for costs as provided under s. 302.33 (2) (a). The department shall collect
13moneys for the fees charged under this paragraph and credit those moneys to the
14appropriation account under s. 20.410 (1) (gg).
AB522,6 15Section 6. Effective date.
AB522,3,1716 (1) This act takes effect on the first day of the 5th month beginning after
AB522,3,1818 (End)