Amendment AA7-ASA2-AB68

AB68-ASA2-AA7,55,23 (7) Sentence modification on other grounds. Nothing in this section limits the youthful offender's right to resentencing, sentence adjustment, or sentence modification on other grounds, including under s. 302.113 (9g) or 302.114.

AB68-ASA2-AA7,417Lm Section 417Lm. 973.15 (2m) (a) 1. of the statutes is amended to read:

AB68-ASA2-AA7,56,3 973.15 (2m) (a) 1. “Determinate sentence" means a bifurcated sentence imposed under s. 973.01 or a life sentence under which a person is eligible for release to extended supervision under s. 973.014 (1g) (a) 1. or 2. or (3) (c).

AB68-ASA2-AA7,417o Section 417o. 977.05 (4) (i) 10. of the statutes is created to read:

AB68-ASA2-AA7,56,5 977.05 (4) (i) 10. Cases involving youthful offenders under s. 973.018 (3).

AB68-ASA2-AA7,417p Section 417p. 978.07 (1) (c) 1. of the statutes is amended to read:

AB68-ASA2-AA7,56,13 978.07 (1) (c) 1. Any case record of a felony punishable by life imprisonment or a related case, after the defendant's parole eligibility date under s. 304.06 (1) or 973.014 (1) or (3) (b) or date of eligibility for release to extended supervision under s. 973.014 (1g) (a) 1. or 2. or (3) (c), whichever is applicable, or 50 years after the commencement of the action, whichever occurs later. If there is no parole eligibility date or no date for release to extended supervision, the district attorney may destroy the case record after the defendant's death.”.

AB68-ASA2-AA7,56,14 37. Page 355, line 20: after that line insert:

AB68-ASA2-AA7,56,16 “ Section 418m. 2017 Wisconsin Act 185, section 110 (1) (a), as last affected by 2019 Wisconsin Act 8, is amended to read:

AB68-ASA2-AA7,57,5 [2017 Wisconsin Act 185] Section 110 (1) (a) Upon the establishment of the Type 1 juvenile correctional facilities under subsection (7) and the secured residential care centers for children and youth under subsections (4) and (7m), the department of corrections shall begin to transfer each juvenile held in secure custody at the Lincoln Hills School and Copper Lake School to the appropriate Type 1 juvenile correctional facility or secured residential care center for children and youth. No juvenile may be transferred to a Type 1 juvenile correctional facility until the department of corrections determines the facility to be ready to accept juveniles, and no juvenile may be transferred to a secured residential care center for children and youth until the entity operating the facility determines it to be ready to accept juveniles. The transfers may occur in phases. The department shall transfer all juveniles a juvenile under this subsection no later than July 1, 2021 as soon as a substitute placement that meets the needs of the juvenile is ready.

AB68-ASA2-AA7,418n Section 418n. 2017 Wisconsin Act 185, section 110 (2) (a), as last affected by 2019 Wisconsin Act 8, is amended to read:

AB68-ASA2-AA7,57,14 [2017 Wisconsin Act 185] Section 110 (2) (a) On the earlier of the date on which all juveniles have been transferred to secured residential care centers for children and youth and Type 1 juvenile correctional facilities under subsection (1) or July 1, 2021 (a) or transferred to a juvenile detention facility under 2019 Wisconsin Act 8, section 72 (1), the department of corrections shall permanently close the Type 1 juvenile correctional facilities housed at the Lincoln Hills School and Copper Lake School in the town of Birch, Lincoln County.

AB68-ASA2-AA7,418o Section 418o. 2017 Wisconsin Act 185, section 110 (7), as last affected by 2019 Wisconsin Act 8, is amended to read:

AB68-ASA2-AA7,57,22 [2017 Wisconsin Act 185] Section 110 (7) Type 1 juvenile correctional facilities. The department of corrections shall establish or construct the Type 1 juvenile correctional facilities under section 301.16 (1w) (a) of the statutes no later than July 1, 2021, subject to the approval of the joint committee on finance. The department shall consider the recommendations of the juvenile corrections study committee under subsection (6) (c) 2. in establishing or constructing these facilities.

AB68-ASA2-AA7,418p Section 418p. 2017 Wisconsin Act 185, section 112 (1), as last affected by 2019 Wisconsin Act 8, is amended to read:

AB68-ASA2-AA7,58,9 [2017 Wisconsin Act 185] Section 112 (1) The treatment of sections 46.011 (1p) (by Section 13), 46.057 (1) (by Section 15), 48.023 (4) (by Section 20), 49.11 (1c) (by Section 27), 49.45 (25) (bj) (by Section 29), 301.01 (1n) (by Section 35), 301.20, 938.02 (4) (by Section 50), 938.34 (2) (a) (by Section 57) and (b) (by Section 59) and (4m) (intro.) (by Section 62), 938.48 (3) (by Section 78), (4) (by Section 80), (4m) (b) (by Section 82), (5) (by Section 84), (6) (by Section 86), and (14) (by Section 88), 938.505 (1) (by Section 96), 938.52 (2) (a) and (c) (by Section 98), 938.53 (by Section 100), and 938.54 (by Section 107) of the statutes takes effect on the date specified in the notice under Section 110 (2) (b) or July 1, 2021, whichever is earlier.

AB68-ASA2-AA7,418q Section 418q. 2019 Wisconsin Act 8, section 72 (1) (b) is amended to read:

AB68-ASA2-AA7,58,18 [2019 Wisconsin Act 8] Section 72 (1) (b) Notwithstanding s. 938.34 (3) (f) 1., a juvenile may be placed in a juvenile detention facility under par. (a) for a period longer than 365 days, and shall be transferred out of the juvenile detention facility using the procedure and by the date required under 2017 Wisconsin Act 185, section 110 (1). The department of corrections shall transfer all juveniles placed in a juvenile detention facility under par. (a) out of the juvenile detention facility no later than July 1, 2021 as soon as a substitute placement that meets the needs of the juvenile is ready.

AB68-ASA2-AA7,418r Section 418r. 2019 Wisconsin Act 8, section 74 (1) is amended to read:

AB68-ASA2-AA7,58,25 [2019 Wisconsin Act 8] Section 74 (1) The treatment of ss. 46.011 (1p), 48.023 (4), 49.11 (1c), 49.45 (25) (bj), 301.01 (1n), 938.02 (4), 938.34 (4m) (intro.) (by Section 33) and (4n) (intro.), 938.357 (4g) (a), 938.48 (3), (4), (4m) (b), (5), (6), and (14), 938.505 (1), 938.52 (2) (a) and (c), 938.53, 938.533 (2) (intro.), and 938.54 takes effect on the date specified in the notice under 2017 Wisconsin Act 185, Section 110 (2) (b), or July 1, 2021, whichever is earlier.”.

AB68-ASA2-AA7,59,1 38. Page 355, line 20: after that line insert:

AB68-ASA2-AA7,59,2 “ Section 417a. 961.455 (title) of the statutes is amended to read:

AB68-ASA2-AA7,59,4 961.455 (title) Using a child minor for illegal drug distribution or manufacturing purposes.

AB68-ASA2-AA7,417ab Section 417ab. 961.455 (1) of the statutes is amended to read:

AB68-ASA2-AA7,59,8 961.455 (1) Any person who has attained the age of 17 years adult who knowingly solicits, hires, directs, employs, or uses a person who is under the age of 17 years minor for the purpose of violating s. 961.41 (1) is guilty of a Class F felony.

AB68-ASA2-AA7,417ac Section 417ac. 961.455 (2) of the statutes is amended to read:

AB68-ASA2-AA7,59,14 961.455 (2) The knowledge requirement under sub. (1) does not require proof of knowledge of the age of the child minor. It is not a defense to a prosecution under this section that the actor mistakenly believed that the person solicited, hired, directed, employed, or used under sub. (1) had attained the age of 18 years, even if the mistaken belief was reasonable.

AB68-ASA2-AA7,417ad Section 417ad. 961.46 of the statutes is amended to read:

AB68-ASA2-AA7,59,21 961.46 Distribution to persons under age 18 minors. If a person 17 years of age or over an adult violates s. 961.41 (1) by distributing or delivering a controlled substance or a controlled substance analog to a person 17 years of age or under minor who is at least 3 years his or her junior, the applicable maximum term of imprisonment prescribed under s. 961.41 (1) for the offense may be increased by not more than 5 years.

AB68-ASA2-AA7,417ae Section 417ae. 961.573 (2) of the statutes is amended to read:

AB68-ASA2-AA7,59,24 961.573 (2) Any person minor who violates sub. (1) who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

AB68-ASA2-AA7,417af Section 417af. 961.574 (2) of the statutes is amended to read:

AB68-ASA2-AA7,60,3 961.574 (2) Any person minor who violates sub. (1) who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

AB68-ASA2-AA7,417ag Section 417ag. 961.575 (1) of the statutes is amended to read:

AB68-ASA2-AA7,60,8 961.575 (1) Any person 17 years of age or over adult who violates s. 961.574 (1) by delivering drug paraphernalia to a person 17 years of age or under minor who is at least 3 years younger than the violator may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

AB68-ASA2-AA7,417ah Section 417ah. 961.575 (2) of the statutes is amended to read:

AB68-ASA2-AA7,60,11 961.575 (2) Any person minor who violates this section who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

AB68-ASA2-AA7,417b Section 417b. 961.575 (3) of the statutes is amended to read:

AB68-ASA2-AA7,60,15 961.575 (3) Any person 17 years of age or over adult who violates s. 961.574 (3) by delivering drug paraphernalia to a person 17 years of age or under minor is guilty of a Class G felony.

AB68-ASA2-AA7,417q Section 417q. 990.01 (3) of the statutes is amended to read:

AB68-ASA2-AA7,60,20 990.01 (3) Adult. “Adult" means a person who has attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, “adult" means a person who has attained the age of 17 years.

AB68-ASA2-AA7,417r Section 417r. 990.01 (20) of the statutes is amended to read:

AB68-ASA2-AA7,60,25 990.01 (20) Minor. “Minor" means a person who has not attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, “minor" does not include a person who has attained the age of 17 years.”.

AB68-ASA2-AA7,61,1 39. Page 355, line 20: after that line insert:

AB68-ASA2-AA7,61,2 “ Section 417adm. 961.472 (5) (b) of the statutes is amended to read:

AB68-ASA2-AA7,61,5 961.472 (5) (b) The person is participating in a an evidence-based substance abuse use disorder treatment program that meets the requirements of s. 165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10).

AB68-ASA2-AA7,417bg Section 417bg. 967.11 (1) of the statutes is amended to read:

AB68-ASA2-AA7,61,9 967.11 (1) In this section, “approved substance abuse treatment program" means a substance abuse treatment program that meets the requirements of s. 165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10).

AB68-ASA2-AA7,417bm Section 417bm. 967.11 (2) of the statutes is amended to read:

AB68-ASA2-AA7,61,16 967.11 (2) If a county establishes an approved substance abuse treatment program and the approved program authorizes the use of surveillance and monitoring technology or day reporting programs, a court or a district attorney may require a person participating in an the approved substance abuse treatment program to submit to surveillance and monitoring technology or a day reporting program as a condition of participation.

AB68-ASA2-AA7,417mp Section 417mp. 973.155 (1m) of the statutes is amended to read:

AB68-ASA2-AA7,61,22 973.155 (1m) A convicted offender shall be given credit toward the service of his or her sentence for all days spent in custody as part of a substance abuse treatment program that meets the requirements of s. 165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10), for any offense arising out of the course of conduct that led to the person's placement in that program.” .

AB68-ASA2-AA7,61,23 40. Page 387, line 2: after that line insert:

AB68-ASA2-AA7,61,24 “ Section 9108. Nonstatutory provisions; Corrections.

AB68-ASA2-AA7,62,12 (1e) Earned release program; report. No later than the first day of the 12th month beginning after the effective date of this subsection, the department of corrections shall submit a report to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3). The department shall report on the aging and elderly population of inmates in Wisconsin prisons, the costs of health care and other accommodations for that population, and trends and projections for the aging and elderly population and associated costs. The department shall also report on the feasibility, including costs and projected savings, of establishing and operating a state run facility for elderly inmates, the feasibility for adopting electronic monitoring as an alternative to incarceration for elderly inmates, and the possibility for eligibility for medical assistance for individuals who would qualify for alternatives to incarceration.

AB68-ASA2-AA7,62,17 (2e) Earned release program; rules. The department of corrections shall update its administrative rules to implement earned release for completion of a vocational readiness training program under s. 302.05 (3), including specification of the eligibility criteria for persons sentenced before the effective date of this subsection to participate in the program.

AB68-ASA2-AA7,62,25 (3e) Conditions of supervision. No later than July 1, 2022, the department of corrections shall review the efficacy of its standard conditions and rules of supervision, and shall provide a report to the governor, the chief clerk of each house of the legislature for distribution to the appropriate standing committees in the manner provided under s. 13.172 (3), and the director of state courts. The report shall include the number of violations reported for each condition and rule and a comparison of the department of correction's standard conditions and rules of supervision to conditions and rules of supervision in other states.

AB68-ASA2-AA7,63,11 (4e) Earned compliance credit. A person who is serving a sentence for a violation other than a crime specified in ch. 940 or s. 948.02, 948.025, 948.03, 948.05, 948.051, 948.055, 948.06, 948.07, 948.075, 948.08, 948.085, or 948.095 and who is in custody upon revocation of extended supervision or parole on the effective date of this subsection may petition the department to be given credit under s. 973.156. Upon proper verification of the facts alleged in the petition, s. 973.156 shall be applied retroactively to the person. If the department is unable to determine whether credit should be given, or otherwise refuses to award retroactive credit, the person may petition the sentencing court for relief. This subsection applies regardless of the date the person was sentenced. A person who is required to register under s. 301.45 is not eligible to receive credit under this subsection.

AB68-ASA2-AA7,63,12 (5e) Reports on risk assessment and training.

AB68-ASA2-AA7,63,22 (a) The department of corrections shall conduct a review of the department's evidence-based risk assessment tool and shall submit a report to the governor, the chief clerk of each house of the legislature for distribution to the appropriate standing committees in the manner provided under s. 13.172 (3), and the director of state courts no later than the first day of the 12th month beginning after the effective date of this paragraph. The department shall include in the report a review of the available alternatives to the current risk assessment tool and the costs and savings that would result from the use of alternatives. The department shall include in its review the efficacy of an evidence-based risk assessment tool that uses ongoing or recurring evaluations of an individual's ability to meet the conditions of supervision.

AB68-ASA2-AA7,64,4 (b) The department of corrections shall conduct a review of the department's training of community supervision officers and shall submit a report to the governor, the chief clerk of each house of the legislature for distribution to the appropriate standing committees in the manner provided under s. 13.172 (3), and the director of state courts no later than the first day of the 12th month beginning after the effective date of this paragraph. The department shall include in its report an evaluation of best practices and outcomes of training models used in other states.”.

AB68-ASA2-AA7,64,5 41. Page 387, line 2: after that line insert:

AB68-ASA2-AA7,64,6 “ Section 9108. Nonstatutory provisions; Corrections.

AB68-ASA2-AA7,64,10 (1r) Sentence adjustment for youthful offenders. No later than the first day of the 6th month beginning after the effective date of this subsection, the department of corrections shall provide written notice under s. 973.018 (3) (a) to all youthful offenders who have served at least 14 years of their terms of imprisonment.” .

AB68-ASA2-AA7,64,11 42. Page 387, line 13: after that line insert:

AB68-ASA2-AA7,64,15 “(1q) Opening Avenues to Reentry Success program. There is created in the department of health services 1.0 FTE position to staff the Opening Avenues to Reentry Success program to be funded from the appropriation under s. 20.435 (2) (kp).”.

AB68-ASA2-AA7,64,16 43. Page 389, line 18: after that line insert:

AB68-ASA2-AA7,64,17 “ Section 9127. Nonstatutory provisions; Justice.

AB68-ASA2-AA7,64,21 (1r) Sentencing review council; report. No later than July 1, 2022, the sentencing review council shall submit a report on its findings and recommendations under s. 165.27 (1) to (4) to the attorney general under s. 15.09 (7) and to the appropriate standing committees of the legislature under s. 13.172 (3).”.

AB68-ASA2-AA7,64,22 44. Page 396, line 11: after that line insert:

AB68-ASA2-AA7,64,23 “ Section 9227. Fiscal changes; Justice.

AB68-ASA2-AA7,65,3 (1r) Violence interruption grant program. In fiscal year 2021-22, there is transferred from the appropriation account under s. 20.455 (2) (f) to the appropriation account under s. 20.455 (2) (ks) $1,000,000.”.

AB68-ASA2-AA7,65,4 45. Page 397, line 9: after that line insert:

AB68-ASA2-AA7,65,5 “ Section 9308. Initial applicability; Corrections.

AB68-ASA2-AA7,65,14 (1e) Revocation and sanctions. The treatment of ss. 301.035 (2), 302.107 (2), 302.113 (8m) (a) and (b) and (9) (b) and (c), 302.114 (9) (ag), 302.115, 302.33 (1), 303.08 (1) (intro.), (2), (5) (intro.), (6), and (12), 304.06 (3g), 808.075 (4) (g) 3., 950.04 (1v) (vg), 973.10 (2) (intro.), (a), (b), and (bm) 1. and (2s), the renumbering and amendment of ss. 302.11 (7) (ag) and (am), 302.113 (9) (ag) and (am), and 304.06 (3), and the creation of ss. 302.11 (7) (ag) 1. and (am) 1. a. to e., 302.113 (9) (ag) 1. and 2. and (am) 1. a. to e., and 304.06 (3) (g) 1. to 5. first apply to a person who is alleged to have violated a condition or rule of probation, parole, or extended supervision on the effective date of this subsection.”.

AB68-ASA2-AA7,65,15 46. Page 397, line 9: after that line insert:

AB68-ASA2-AA7,65,16 “ Section 9308. Initial applicability; Corrections.

AB68-ASA2-AA7,65,17 (1r) Youthful offenders; sentencing.

AB68-ASA2-AA7,65,20 (a) The treatment of ss. 973.014 (1) (intro.), (1g) (a) (intro.), and (3) and 973.017 (2c) first applies to a conviction for which sentencing has occurred on the effective date of this paragraph.

AB68-ASA2-AA7,65,22 (b) The treatment of s. 973.018 first applies to a youthful offender who is serving a term of imprisonment on the effective date of this paragraph.”.

AB68-ASA2-AA7,65,23 47. Page 397, line 9: after that line insert:

AB68-ASA2-AA7,65,24 “ Section 9308. Initial applicability; Corrections.

AB68-ASA2-AA7,66,12 (1s) Age of adult jurisdiction. The treatment of ss. 48.02 (1d) and (2), 48.44, 48.45 (1) (a) and (am) and (3), 118.163 (4), 125.07 (4) (d) and (e) 1., 125.085 (3) (bt), 165.83 (1) (c) 1. and 2., 301.12 (2m) and (14) (a), 302.31 (7), 938.02 (1) and (10m), 938.12 (2), 938.18 (2), 938.183 (3), 938.255 (1) (intro.), 938.34 (8), 938.343 (2), 938.344 (3), 938.35 (1m), 938.355 (4) (b) and (4m) (a), 938.39, 938.44, 938.45 (1) (a) and (3), 938.48 (4m) (title) and (a), 938.57 (3) (title), (a) (intro.), 1., and 3., and (b), 939.632 (1) (e) 1. and 3., 946.50 (intro.), 948.01 (1), 948.11 (2) (am) (intro.), 948.45 (1), 948.60 (2) (d), 948.61 (4), 961.455 (title), (1), and (2), 961.46, 961.573 (2), 961.574 (2), 961.575 (1), (2), and (3), and 990.01 (3) and (20), subch. IX (title) of ch. 48, and subch. IX (title) of ch. 938 and the amendment of s. 938.48 (4m) (b) and (14) first apply to a violation of a criminal law, civil law, or municipal ordinance allegedly committed on the effective date of this subsection.”.

AB68-ASA2-AA7,66,13 48. Page 397, line 12: after that line insert:

AB68-ASA2-AA7,66,14 “ Section 9327. Initial applicability; Justice.

AB68-ASA2-AA7,66,18 (1r) Treatment alternatives and diversions. The treatment of ss. 165.95 (1) (ac), (2), (2r), (3) (a), (ag), (b), (bd), (cm) 2., (d), (e), (g), (h), (i), (j), and (k), (5) (a) and (b), (5m), (6), (7), and (7m) first applies to grants awarded under s. 165.95 (2) on the effective date of this subsection.”.

AB68-ASA2-AA7,66,19 49. Page 398, line 20: after that line insert:

AB68-ASA2-AA7,66,20 “ Section 9408. Effective dates; Corrections.

AB68-ASA2-AA7,66,23 (1e) Age of juvenile jurisdiction. The repeal and recreation of s. 938.48 (4m) (b) and (14) takes effect on the date specified in the notice under 2017 Wisconsin Act 185, Section 110 (2) (b).”.