Amendment AA10-SB70

SB70-AA10,195,24 961.72 Restrictions; penalties. (1) No person except a permittee may sell, or possess with the intent to sell, marijuana. No person may distribute or deliver, or possess with the intent to distribute or deliver, marijuana except a permittee. Any person who violates a prohibition under this subsection is guilty of the following:

SB70-AA10,195,25 (a) Except as provided in par. (b), a Class I felony.

SB70-AA10,196,4 (b) If the individual to whom the marijuana is, or is intended to be, sold, distributed, or delivered has not attained the legal age and the actual or intended seller, distributor, or deliverer is at least 3 years older than the individual to whom the marijuana is, or is intended to be, sold, distributed, or delivered, a Class H felony.

SB70-AA10,196,7 (2) (a) A person that is not a permittee who possesses an amount of marijuana that exceeds the permissible amount by not more than one ounce is subject to a civil forfeiture not to exceed $1,000.

SB70-AA10,196,9 (b) A person who is not a permittee who possesses an amount of marijuana that exceeds the permissible amount by more than one ounce is one of the following:

SB70-AA10,196,11 1. Except as provided in subd. 2., subject to a fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both.

SB70-AA10,196,14 2. Guilty of a Class I felony if the person has taken action to hide how much marijuana the person possesses and has in place an extreme measure to avoid detection.

SB70-AA10,196,17 (c) A person who is not a permittee that possesses more than 6 marijuana plants that have reached the flowering stage at one time must apply for a permit under s. 139.972 and is one of the following:

SB70-AA10,196,19 1. Except as provided in subds. 2. and 3., subject to a civil forfeiture that is not more than twice the permitting fee under s. 139.972.

SB70-AA10,196,22 2. Except as provided in subd. 3., subject to a fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both, if the number of marijuana plants that have reached the flowering stage is more than 12.

SB70-AA10,197,2 3. Guilty of a Class I felony if the number of marijuana plants that have reached the flowering stage is more than 12, if the individual has taken action to hide the number of marijuana plants that have reached the flowering stage and if the person has in place an extreme measure to avoid detection.

SB70-AA10,197,4 (d) Whoever uses or displays marijuana in a public space is subject to a civil forfeiture of not more than $100.

SB70-AA10,197,7 (3) Any person who sells or attempts to sell marijuana via mail, telephone, or Internet is subject to a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both.

SB70-AA10,346 Section 346. 967.055 (1m) (b) 5. of the statutes is repealed.

SB70-AA10,347 Section 347. 971.365 (1) (a) of the statutes is amended to read:

SB70-AA10,197,13 971.365 (1) (a) In any case under s. 961.41 (1) (em), 1999 stats., or s. 961.41 (1) (cm), (d), (dm), (e), (f), or (g) or (h) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

SB70-AA10,348 Section 348. 971.365 (1) (b) of the statutes is amended to read:

SB70-AA10,197,18 971.365 (1) (b) In any case under s. 961.41 (1m) (em), 1999 stats., or s. 961.41 (1m) (cm), (d), (dm), (e), (f), or (g) or (h) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

SB70-AA10,349 Section 349. 971.365 (1) (c) of the statutes is amended to read:

SB70-AA10,197,23 971.365 (1) (c) In any case under s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 1999 stats., or s. 961.41 (3g) (am), (c), (d), (e), or (g) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

SB70-AA10,350 Section 350. 971.365 (2) of the statutes is amended to read:

SB70-AA10,198,6 971.365 (2) An acquittal or conviction under sub. (1) does not bar a subsequent prosecution for any acts in violation of s. 961.41 (1) (em), 1999 stats., s. 961.41 (1m) (em), 1999 stats., s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 1999 stats., or s. 961.41 (1) (cm), (d), (dm), (e), (f), or (g), or (h), (1m) (cm), (d), (dm), (e), (f), or (g), or (h) or (3g) (am), (c), (d), (e), or (g) on which no evidence was received at the trial on the original charge.

SB70-AA10,351 Section 351. 973.016 of the statutes is created to read:

SB70-AA10,198,11 973.016 Special disposition for marijuana-related crimes. (1) Resentencing persons serving a sentence or probation. (a) A person serving a sentence or on probation may request resentencing or dismissal as provided under par. (b) if all of the following apply:

SB70-AA10,198,13 1. The sentence or probation period was imposed for a violation of s. 961.41 (1) (h), 2021 stats., s. 961.41 (1m) (h), 2021 stats., or s. 961.41 (3g) (e), 2021 stats.

SB70-AA10,198,14 2. One of the following applies:

SB70-AA10,198,16 a. The person would not have been guilty of a crime had the violation occurred on or after the effective date of this subd. 2. a. .... [LRB inserts date].

SB70-AA10,198,18 b. The person would have been guilty of a lesser crime had the violation occurred on or after the effective date of this subd. 2. b. .... [LRB inserts date].

SB70-AA10,198,20 (b) 1. A person to whom par. (a) applies shall file a petition with the sentencing court to request resentencing, adjustment of probation, or dismissal.

SB70-AA10,199,3 2. If the court receiving a petition under subd. 1. determines that par. (a) applies, the court shall schedule a hearing to consider the petition. At the hearing, if the court determines that par. (a) 2. b. applies, the court shall resentence the person or adjust the probation and change the record to reflect the lesser crime, and, if the court determines that par. (a) 2. a. applies, the court shall dismiss the conviction and expunge the record. Before resentencing, adjusting probation, or dismissing a conviction under this subdivision, the court shall determine that the action does not present an unreasonable risk of danger to public safety.

SB70-AA10,199,5 3. If the court resentences the person or adjusts probation, the person shall receive credit for time or probation served for the relevant offense.

SB70-AA10,199,9 (2) Redesignating offense for persons who completed a sentence or probation. (a) A person who has completed his or her sentence or period of probation may request under par. (b) expungement of the conviction because the conviction is legally invalid or redesignation to a lesser crime if all of the following apply:

SB70-AA10,199,11 1. The sentence or probation period was imposed for a violation of s. 961.41 (1) (h), 2021 stats., s. 961.41 (1m) (h), 2021 stats., or s. 961.41 (3g) (e), 2021 stats.

SB70-AA10,199,12 2. One of the following applies:

SB70-AA10,199,14 a. The person would not have been guilty of a crime had the violation occurred on or after the effective date of this subd. 2. a. .... [LRB inserts date].

SB70-AA10,199,16 b. The person would have been guilty of a lesser crime had the violation occurred on or after the effective date of this subd. 2. b. .... [LRB inserts date].

SB70-AA10,199,18 (b) 1. A person to whom par. (a) applies shall file a petition with the sentencing court to request expungement or redesignation.

SB70-AA10,199,25 2. If the court receiving a petition under subd. 1. determines that par. (a) applies, the court shall schedule a hearing to consider the petition. At the hearing, if the court determines that par. (a) 2. b. applies, the court shall redesignate the crime to a lesser crime and change the record to reflect the lesser crime, and if the court determines that par. (a) 2. a. applies, the court shall expunge the conviction. Before redesignating or expunging under this subdivision, the court shall determine that the action does not present an unreasonable risk of danger to public safety.

SB70-AA10,200,4 (3) Effect of resentencing, dismissal, redesignation, or expungement. If the court changes or expunges a record under this section, a conviction that was changed or expunged is not considered a conviction for any purpose under state or federal law, including for purposes of s. 941.29 or 18 USC 921.

SB70-AA10,9128 Section 9128. Nonstatutory provisions; Legislature.

SB70-AA10,200,11 (1) Joint legislative council study. The joint legislative council shall study the implementation of the marijuana tax and regulation provided under subch. IV of ch. 139 and identify uses for the revenues generated by the tax. The joint legislative council shall report its findings, conclusions, and recommendations to the joint committee on finance no later than 2 years after the effective date of this subsection.”.

SB70-AA10,200,12 274. Page 374, line 11: after that line insert:

SB70-AA10,200,13 “ Section 352. 961.443 (2) (title) of the statutes is amended to read:

SB70-AA10,200,15 961.443 (2) (title) Immunity from criminal prosecution and revocation of parole, probation, or extended supervision.

SB70-AA10,353 Section 353. 961.443 (2) of the statutes is renumbered 961.443 (2) (a) and amended to read:

SB70-AA10,201,2 961.443 (2) (a) An No aider may have his or her parole, probation, or extended supervision revoked, and an aider is immune from prosecution under s. 961.573 for the possession of drug paraphernalia, under s. 961.41 (3g) for the possession of a controlled substance or a controlled substance analog, and under s. 961.69 (2) for possession of a masking agent under the circumstances surrounding or leading to his or her commission of an act described in sub. (1) if the aider's attempt to obtain assistance occurs immediately after the aider believes the other person is suffering from the overdose or other adverse reaction.

SB70-AA10,354 Section 354. 961.443 (2) (b) of the statutes is created to read:

SB70-AA10,201,9 961.443 (2) (b) 1. No aided person person may have his or her parole, probation, or extended supervision revoked under the circumstances surrounding or leading to an aider's commission of an act described in sub. (1) if the aided person completes a treatment program as a condition of his or her parole, probation, or extended supervision or, if a treatment program is unavailable or would be prohibitive financially, agrees to be imprisoned in the county jail for not less than 15 days.

SB70-AA10,201,18 2. If an aided person is subject to prosecution under s. 961.573 for the possession of drug paraphernalia, under s. 961.41 (3g) for the possession of a controlled substance or a controlled substance analog, or under s. 961.69 (2) for possession of a masking agent under the circumstances surrounding or leading to an aider's commission of an act described in sub. (1), the district attorney shall offer the aided person a deferred prosecution agreement that includes the completion of a treatment program. This subdivision does not apply to an aided person who is on parole, probation, or extended supervision and fails to meet a condition under subd. 1.”.

SB70-AA10,201,19 275. Page 374, line 11: after that line insert:

SB70-AA10,201,20 “ Section 355. 302.05 (title) of the statutes is amended to read:

SB70-AA10,201,21 302.05 (title) Wisconsin substance abuse earned release program.

SB70-AA10,356 Section 356. 302.05 (1) (am) (intro.) of the statutes is amended to read:

SB70-AA10,202,6 302.05 (1) (am) (intro.) 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 use disorder 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 use disorder program:

SB70-AA10,357 Section 357. 302.05 (1) (b) of the statutes is amended to read:

SB70-AA10,202,11 302.05 (1) (b) The department of corrections and the department of health services shall, at any correctional facility the departments determine is appropriate, provide a substance abuse use disorder treatment program for inmates for the purposes of the program described in sub. (3).

SB70-AA10,358 Section 358. 302.05 (1) (c) of the statutes is created to read:

SB70-AA10,202,15 302.05 (1) (c) 1. In this paragraph, “vocational readiness training program” means an educational, vocational, treatment, or other evidence-based training program to reduce recidivism.

SB70-AA10,202,18 2. The department shall, at any correctional facility the department determines is appropriate, provide vocational readiness training programs for the purposes of the program described in sub. (3).

SB70-AA10,359 Section 359. 302.05 (2) of the statutes is amended to read:

SB70-AA10,202,21 302.05 (2) Transfer to a correctional treatment facility for the treatment of a substance abuse use disorder shall be considered a transfer under s. 302.18.

SB70-AA10,360 Section 360. 302.05 (3) (a) 2. of the statutes is amended to read:

SB70-AA10,203,3 302.05 (3) (a) 2. If the inmate is serving a bifurcated sentence imposed under s. 973.01, the sentencing court decided under par. (e) or s. 973.01 (3g) The department determines that the inmate is eligible to participate in the earned release program described in this subsection. In making its determination, the department shall consider a decision of the sentencing court under s. 302.05 (3) (e), 2021 stats., or s. 973.01 (3g), 2021 stats.

SB70-AA10,361 Section 361. 302.05 (3) (b) of the statutes is amended to read:

SB70-AA10,203,13 302.05 (3) (b) Except as provided in par. (d), if the department determines that an eligible inmate serving a sentence other than one imposed under s. 973.01 has successfully completed a substance use disorder treatment program described in sub. (1) (b) or a vocational readiness training program described in sub. (1) (c), the parole commission shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served. If the parole commission grants parole under this paragraph for the completion of a substance use disorder treatment program, it shall require the parolee to participate in an intensive supervision program for drug abusers as a condition of parole.

SB70-AA10,362 Section 362. 302.05 (3) (c) 1. of the statutes is amended to read:

SB70-AA10,203,20 302.05 (3) (c) 1. Except as provided in par. (d), if the department determines that an eligible inmate serving the term of confinement in prison portion of a bifurcated sentence imposed under s. 973.01 has successfully completed a substance use disorder treatment program described in sub. (1) (b) or a vocational readiness training program described in sub. (1) (c), the department shall inform the court that sentenced the inmate.

SB70-AA10,363 Section 363. 302.05 (3) (c) 2. (intro.) of the statutes is amended to read:

SB70-AA10,204,2 302.05 (3) (c) 2. (intro.) Upon being informed by the department under subd. 1. that an inmate whom the court sentenced under s. 973.01 has successfully completed a substance use disorder treatment program described in sub. (1) (b) or a vocational readiness training program described in sub. (1) (c), the court shall modify the inmate's bifurcated sentence as follows:

SB70-AA10,364 Section 364. 302.05 (3) (d) of the statutes is amended to read:

SB70-AA10,204,6 302.05 (3) (d) The department may place intensive sanctions program participants in a treatment program described in sub. (1) (b), but pars. (b) and (c) do not apply to those participants.

SB70-AA10,365 Section 365. 302.05 (3) (e) of the statutes is repealed.

SB70-AA10,366 Section 366. 302.11 (7) (am) of the statutes is amended to read:

SB70-AA10,204,14 302.11 (7) (am) The reviewing authority may return a parolee released under sub. (1) or (1g) (b) or s. 304.02 or 304.06 (1) to prison for a period up to the remainder of the sentence for a violation of the conditions of parole. The remainder of the sentence is the entire sentence, less time served in custody prior to parole and less any earned compliance credit under s. 973.156. The revocation order shall provide the parolee with credit in accordance with ss. 304.072 and 973.155.

SB70-AA10,367 Section 367. 302.113 (9) (ag) of the statutes is renumbered 302.113 (9) (ag) (intro.) and amended to read:

SB70-AA10,204,17 302.113 (9) (ag) (intro.) In this subsection “ reviewing:

SB70-AA10,204,20 1. “Reviewing authority" means the division of hearings and appeals in the department of administration, upon proper notice and hearing, or the department of corrections, if the person on extended supervision waives a hearing.

SB70-AA10,368 Section 368. 302.113 (9) (am) of the statutes is renumbered 302.113 (9) (am) 1. and amended to read:

SB70-AA10,205,3 302.113 (9) (am) 1. If a person released to extended supervision under this section violates a condition of extended supervision, the reviewing authority may revoke the extended supervision of the person. If the extended supervision of the person is revoked, the reviewing authority shall order the person to be returned to prison for any specified period of time that does not exceed the time remaining on the bifurcated sentence. The time

SB70-AA10,205,8 (ag) 2. “Time remaining on the bifurcated sentence is” means the total length of the bifurcated sentence, less time served by the person in confinement under the sentence before release to extended supervision under sub. (2), less any earned compliance credit under s. 973.156, and less all time served in confinement for previous revocations of extended supervision under the sentence.

SB70-AA10,205,11 (am) 2. The order returning a person to prison under this paragraph shall provide the person whose extended supervision was revoked with credit in accordance with ss. 304.072 and 973.155.

SB70-AA10,369 Section 369. 302.113 (9) (b) of the statutes is amended to read:

SB70-AA10,205,20 302.113 (9) (b) A person who is returned to prison after revocation of extended supervision shall be incarcerated for the entire period of time specified by the order under par. (am) 1. The period of time specified under par. (am) 1. may be extended in accordance with sub. (3). If a person is returned to prison under par. (am) 1. for a period of time that is less than the time remaining on the bifurcated sentence, the person shall be released to extended supervision after he or she has served the period of time specified by the order under par. (am) 1. and any periods of extension imposed in accordance with sub. (3).

SB70-AA10,370 Section 370. 302.113 (9) (c) of the statutes is amended to read:

SB70-AA10,206,5 302.113 (9) (c) A person who is subsequently released to extended supervision after service of the period of time specified by the order under par. (am) 1. is subject to all conditions and rules under sub. (7) and, if applicable, sub. (7m) until the expiration of the time remaining extended supervision portion of on the bifurcated sentence. The remaining extended supervision portion of the bifurcated sentence is the total length of the bifurcated sentence, less the time served by the person in confinement under the bifurcated sentence before release to extended supervision under sub. (2) and less all time served in confinement for previous revocations of extended supervision under the bifurcated sentence.

SB70-AA10,371 Section 371. 302.114 (9) (ag) of the statutes is amended to read:

SB70-AA10,206,8 302.114 (9) (ag) In this subsection “reviewing authority" has the meaning given in s. 302.113 (9) (ag) 1.

SB70-AA10,372 Section 372. 304.072 (4) of the statutes is amended to read:

SB70-AA10,206,14 304.072 (4) The sentence of a revoked parolee or person on extended supervision resumes running on the day he or she is received at a correctional institution subject to sentence credit for the period of custody in a jail, correctional institution or any other detention facility pending revocation according to the terms of s. 973.155 and subject to earned compliance credit under s. 973.156.