Amendment AA7-ASA2-AB68

ASSEMBLY AMENDMENT 7, TO ASSEMBLY SUBSTITUTE AMENDMENT 2, TO ASSEMBLY BILL 68

June 29, 2021 - Offered by Representatives Bowen, Goyke, Anderson, Andraca, Baldeh, Billings, Brostoff, Cabrera, Conley, Considine, Doyle, Drake, Emerson, Haywood, Hebl, Hesselbein, Hintz, Hong, McGuire, B. Meyers, Milroy, Moore Omokunde, L. Myers, Neubauer, Ohnstad, Ortiz-Velez, Pope, Riemer, S. Rodriguez, Shankland, Shelton, Sinicki, Snodgrass, Spreitzer, Stubbs, Subeck, Vining and Vruwink.

AB68-ASA2-AA7,1,1 At the locations indicated, amend the substitute amendment as follows:

AB68-ASA2-AA7,1,2 1. Page 8, line 9: after that line insert:

AB68-ASA2-AA7,1,3 “ Section 9m. 15.257 (3) of the statutes is created to read:

AB68-ASA2-AA7,1,6 15.257 (3) Sentencing review council. There is created in the department of justice a sentencing review council. The governor shall determine membership of and make appointments to the council.”.

AB68-ASA2-AA7,1,11 2. Page 125, line 11: increase the dollar amount for fiscal year 2021-22 by $1,039,200 and increase the dollar amount for fiscal year 2022-23 by $2,078,300 for the purpose of expanding available options for residential community alternatives to revocation by 50 additional beds, to include placement in a specialized treatment program, a residential services program, or a residential treatment center.

AB68-ASA2-AA7,2,5 3. Page 126, line 14: increase the dollar amount for fiscal year 2021-22 by $250,000 and increase the dollar amount for fiscal year 2022-23 by $250,000 for the purpose of expanding the Windows to Work program to Columbia Correctional Institution, Waupun Correctional Institution, and the Wisconsin Secure Program Facility, to include 90 additional participants per year.

AB68-ASA2-AA7,2,9 4. Page 126, line 14: increase the dollar amount for fiscal year 2021-22 by $2,179,400 and increase the dollar amount for fiscal year 2022-23 by $2,905,800 for the purpose of expanding Opening Avenues to Reentry Success programs by 167 average daily participants in counties with existing programs.

AB68-ASA2-AA7,2,15 5. Page 126, line 14: increase the dollar amount for fiscal year 2021-22 by $75,000 and increase the dollar amount for fiscal year 2022-23 by $100,000 for the purpose of transferring the amounts in the schedule under s. 20.435 (2) (kp) to increase the authorized FTE positions for the department of health services by 1.0 GPR position to staff the Opening Avenues to Reentry Success program as provided under Section 9119 (1m).

AB68-ASA2-AA7,2,16 6. Page 128, line 8: after that line insert: - See PDF for table

AB68-ASA2-AA7,2,17 7. Page 140, line 7: after that line insert: - See PDF for table

AB68-ASA2-AA7,3,5 8. Page 166, line 15: increase the dollar amount for fiscal year 2021-22 by $221,400 and increase the dollar amount for fiscal year 2022-23 by $273,500 for the purpose of increasing the authorized FTE positions for the department of justice by 3.0 GPR positions to administer and evaluate the treatment alternatives and diversion grant program and the drug court grant program.

AB68-ASA2-AA7,3,9 9. Page 166, line 15: increase the dollar amount for fiscal year 2022-23 by $352,400 for the purpose of increasing the authorized FTE positions for the department of justice by 2.0 GPR positions to expand the treatment alternatives and diversion grant program.

AB68-ASA2-AA7,3,10 10. Page 167, line 19: delete lines 19 to 22 and substitute: - See PDF for table

AB68-ASA2-AA7,3,11 11. Page 167, line 22: after that line insert: - See PDF for table

AB68-ASA2-AA7,3,12 12. Page 169, line 21: delete lines 21 to 24 and substitute: - See PDF for table

AB68-ASA2-AA7,3,13 13. Page 246, line 25: after that line insert:

AB68-ASA2-AA7,3,14 “ Section 60m. 20.410 (1) (ds) of the statutes is amended to read:

AB68-ASA2-AA7,4,4 20.410 (1) (ds) Becky Young Community Corrections; recidivism reduction community services. The amounts in the schedule to provide services under s. 301.068 to persons who are on probation, or who are soon to be or are currently on parole or extended supervision, following a felony conviction, in an effort to reduce recidivism, and to transfer to the appropriation account under s. 20.435 (2) (kp) the amounts in the schedule under s. 20.435 (2) (kp).”.

AB68-ASA2-AA7,4,5 14. Page 247, line 1: before that line insert:

AB68-ASA2-AA7,4,6 “ Section 60c. 20.410 (1) (a) of the statutes is amended to read:

AB68-ASA2-AA7,4,16 20.410 (1) (a) General program operations. The amounts in the schedule to operate institutions and provide field services and administrative services. No payments may be made under this paragraph for payments in accordance with other states party to the interstate corrections compact under s. 302.25. Annually, there is transferred from this appropriation account to the appropriation account under par. (ki) the amount of cost savings attributable to this account reported under ss. 301.03 (6s) (a) and 302.05 (4) (b) 4., and the amount of cost savings attributable to this account from reduced days of incarceration that resulted from the earned compliance credit under s. 973.156, as reported by the department under s. 301.03 (6s) (b).

AB68-ASA2-AA7,60d Section 60d. 20.410 (1) (ab) of the statutes is amended to read:

AB68-ASA2-AA7,5,3 20.410 (1) (ab) Corrections contracts and agreements. The amounts in the schedule for payments made in accordance with contracts entered into under ss. 301.21, 302.25, and 302.27 (1), contracts entered into with the federal government under 18 USC 5003, and intra-agency agreements relating to the placement of prisoners. Annually, there is transferred from this appropriation account to the appropriation account under par. (ki) the amount of cost savings attributable to this account reported under ss. 301.03 (6s) (a) and 302.05 (4) (b) 4., and the amount of cost savings attributable to this account from reduced days of incarceration that resulted from the earned compliance credit under s. 973.156, as reported by the department under s. 301.03 (6s) (b).

AB68-ASA2-AA7,60e Section 60e. 20.410 (1) (b) of the statutes is amended to read:

AB68-ASA2-AA7,5,16 20.410 (1) (b) Services for community corrections. The amounts in the schedule to provide services related to probation, extended supervision and parole, the intensive sanctions program under s. 301.048, the community residential confinement program under s. 301.046, programs of intensive supervision of adult offenders and minimum security correctional institutions established under s. 301.13. No payments may be made under this paragraph for payments in accordance with other states party to the interstate corrections compact under s. 302.25. Annually, there is transferred from this appropriation account to the appropriation account under par. (ki) the amount of cost savings from reduced days of community supervision that resulted from the earned compliance credit under s. 973.156 and early discharge from extended supervision under s. 973.01 (5m), as reported by the department under s. 301.03 (6s) (b).

AB68-ASA2-AA7,60f Section 60f. 20.410 (1) (ki) of the statutes is created to read:

AB68-ASA2-AA7,5,24 20.410 (1) (ki) Training programs for inmates, recidivism reduction services, and community supervision. All moneys transferred from the appropriation accounts under pars. (a), (ab), and (b) to provide vocational readiness training programs that qualify for the earned release program under s. 302.05, to provide services to persons who are on probation, or who are soon to be or are currently on parole or extended supervision, following a felony conviction, in an effort to reduce recidivism, and to reduce caseloads for community supervision officers.”.

AB68-ASA2-AA7,6,1 15. Page 247, line 9: after that line insert:

AB68-ASA2-AA7,6,2 “ Section 64m. 20.435 (2) (kp) of the statutes is created to read:

AB68-ASA2-AA7,6,6 “20.435 (2) (kp) Opening Avenues to Reentry Success program. The amounts in the schedule to staff the Opening Avenues to Reentry Success program. All moneys transferred from the appropriation account under s. 20.410 (1) (ds) shall be credited to this appropriation account.”.

AB68-ASA2-AA7,6,7 16. Page 248, line 21: after that line insert:

AB68-ASA2-AA7,6,8 “ Section 70m. 20.455 (2) (em) (title) of the statutes is amended to read:

AB68-ASA2-AA7,6,10 20.455 (2) (em) (title) Alternatives Grants for alternatives to prosecution and incarceration for persons who use alcohol or other drugs; presentencing assessments.

AB68-ASA2-AA7,70p Section 70p. 20.455 (2) (eq) of the statutes is created to read:

AB68-ASA2-AA7,6,14 20.455 (2) (ep) Violence interruption grant program; ongoing funding. The amounts in the schedule for the violence interruption grant program under s. 165.988.

AB68-ASA2-AA7,70r Section 70r. 20.455 (2) (f) of the statutes is amended to read:

AB68-ASA2-AA7,6,18 20.455 (2) (f) School safety. As a continuing appropriation, the amounts in the schedule to provide grants under s. 165.88 (2) and to make the transfer required under 2021 Wisconsin Act .... (this act), section 9227 (1r).”.

AB68-ASA2-AA7,6,19 17. Page 249, line 3: after that line insert:

AB68-ASA2-AA7,6,20 “ Section 71m. 20.455 (2) (kn) (title) of the statutes is amended to read:

AB68-ASA2-AA7,6,22 20.455 (2) (kn) (title) Alternatives to prosecution and incarceration for persons who use alcohol or other drugs; justice information fee.

AB68-ASA2-AA7,71p Section 71p. 20.455 (2) (ks) of the statutes is created to read:

AB68-ASA2-AA7,7,3 20.455 (2) (ks) Violence interruption grant program; initial funding. All moneys transferred under 2021 Wisconsin Act .... (this act), section 9227 (1r), for the violence interruption grant program under s. 165.988.”.

AB68-ASA2-AA7,7,4 18. Page 281, line 23: after that line insert:

AB68-ASA2-AA7,7,5 “ Section 191c. 48.02 (1d) of the statutes is amended to read:

AB68-ASA2-AA7,7,9 48.02 (1d) “Adult" means a person who is 18 years of age or older, 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 17 years of age.

AB68-ASA2-AA7,191e Section 191e. 48.02 (2) of the statutes is amended to read:

AB68-ASA2-AA7,7,15 48.02 (2) “Child," when used without further qualification, means a person who is less than 18 years of age, 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, “child" does not include a person who has attained 17 years of age.”.

AB68-ASA2-AA7,7,16 19. Page 282, line 18: after that line insert:

AB68-ASA2-AA7,7,18 “ Section 194c. Subchapter IX (title) of chapter 48 [precedes 48.44] of the statutes is amended to read:

AB68-ASA2-AA7,7,19 CHAPTER 48

AB68-ASA2-AA7,7,22 SUBCHAPTER IX JURISDICTION OVER PERSON 17 OR OLDER adults

AB68-ASA2-AA7,194d Section 194d. 48.44 of the statutes is amended to read:

AB68-ASA2-AA7,8,4 48.44 Jurisdiction over persons 17 or older adults. The court has jurisdiction over persons 17 years of age or older adults as provided under ss. 48.133, 48.355 (4), 48.357 (6), 48.365 (5), and 48.45 and as otherwise specifically provided in this chapter.

AB68-ASA2-AA7,194e Section 194e. 48.45 (1) (a) of the statutes is amended to read:

AB68-ASA2-AA7,8,13 48.45 (1) (a) If in the hearing of a case of a child alleged to be in a condition described in s. 48.13 it appears that any person 17 years of age or older adult has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such that condition of the child, the judge may make orders with respect to the conduct of such that person in his or her relationship to the child, including orders determining the ability of the person to provide for the maintenance or care of the child and directing when, how, and from where funds for the maintenance or care shall be paid.

AB68-ASA2-AA7,194f Section 194f. 48.45 (1) (am) of the statutes is amended to read:

AB68-ASA2-AA7,8,21 48.45 (1) (am) If in the hearing of a case of an unborn child and the unborn child's expectant mother alleged to be in a condition described in s. 48.133 it appears that any person 17 years of age or over adult has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such that condition of the unborn child and expectant mother, the judge may make orders with respect to the conduct of such that person in his or her relationship to the unborn child and expectant mother.

AB68-ASA2-AA7,194g Section 194g. 48.45 (3) of the statutes is amended to read:

AB68-ASA2-AA7,9,2 48.45 (3) If it appears at a court hearing that any person 17 years of age or older adult has violated s. 948.40, the judge shall refer the record to the district attorney for criminal proceedings as may be warranted in the district attorney's judgment. This subsection does not prevent prosecution of violations of s. 948.40 without the prior reference by the judge to the district attorney, as in other criminal cases.”.

AB68-ASA2-AA7,9,3 20. Page 337, line 10: after that line insert:

AB68-ASA2-AA7,9,4 “ Section 351m. 118.163 (4) of the statutes is amended to read:

AB68-ASA2-AA7,9,6 118.163 (4) A person who is under 17 years of age a minor on the date of disposition is subject to s. 938.342.”.

AB68-ASA2-AA7,9,7 21. Page 340, line 3: after that line insert:

AB68-ASA2-AA7,9,8 “ Section 361a. 125.07 (4) (d) of the statutes is amended to read:

AB68-ASA2-AA7,9,12 125.07 (4) (d) A person who is under 17 years of age a minor on the date of disposition is subject to s. 938.344 unless proceedings have been instituted against the person in a court of civil or criminal jurisdiction after dismissal of the citation under s. 938.344 (3).

AB68-ASA2-AA7,361b Section 361b. 125.07 (4) (e) 1. of the statutes is amended to read:

AB68-ASA2-AA7,9,15 125.07 (4) (e) 1. In this paragraph, “defendant" means a person found guilty of violating par. (a) or (b) who is 17, 18, 19 or 20 an adult under 21 years of age.

AB68-ASA2-AA7,361c Section 361c. 125.085 (3) (bt) of the statutes is amended to read:

AB68-ASA2-AA7,9,20 125.085 (3) (bt) A person who is under 17 years of age a minor on the date of disposition is subject to s. 938.344 unless proceedings have been instituted against the person in a court of civil or criminal jurisdiction after dismissal of the citation under s. 938.344 (3).”.

AB68-ASA2-AA7,9,21 22. Page 340, line 9: after that line insert:

AB68-ASA2-AA7,9,22 “ Section 362ag. 165.27 of the statutes is created to read:

AB68-ASA2-AA7,9,24 165.27 Sentencing review council. The sentencing review council shall do all of the following:

AB68-ASA2-AA7,10,2 (1) Study criminal penalties and make recommendations for reforming the criminal code.

AB68-ASA2-AA7,10,4 (2) Study whether sentences for similar offenses and circumstances are consistent and make recommendations to ensure that sentences are equitable.

AB68-ASA2-AA7,10,6 (3) Study and make recommendations regarding the state's bifurcated sentencing structure.

AB68-ASA2-AA7,10,8 (4) Review and make recommendations regarding sentences for violations committed by individuals age 18 to 25.”.

AB68-ASA2-AA7,10,9 23. Page 340, line 9: after that line insert:

AB68-ASA2-AA7,10,10 “ Section 362am. 165.83 (1) (c) 1. of the statutes is amended to read:

AB68-ASA2-AA7,10,12 165.83 (1) (c) 1. An act that is committed by a person who has attained the age of 17 an adult and that is a felony or a misdemeanor.

AB68-ASA2-AA7,362an Section 362an. 165.83 (1) (c) 2. of the statutes is amended to read:

AB68-ASA2-AA7,10,16 165.83 (1) (c) 2. An act that is committed by a person minor who has attained the age of 10 but who has not attained the age of 17 and that would be a felony or misdemeanor if committed by an adult.”.

AB68-ASA2-AA7,10,17 24. Page 340, line 9: after that line insert:

AB68-ASA2-AA7,10,18 “ Section 362az. 165.95 (title) of the statutes is amended to read:

AB68-ASA2-AA7,10,20 165.95 (title) Alternatives to prosecution and incarceration; grant program.

AB68-ASA2-AA7,362b Section 362b. 165.95 (1) (ac) of the statutes is created to read:

AB68-ASA2-AA7,10,24 165.95 (1) (ac) “Evidence-based practice" means a practice that has been developed using research to determine its efficacy for achieving positive measurable outcomes, including reducing recidivism and increasing public safety.