Amendment SA2-SSA2-SB70

SB70-SSA2-SA2,41,19 302.05 (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-SSA2-SA2,13 Section 13. 302.05 (3) (a) 2. of the statutes is amended to read:

SB70-SSA2-SA2,42,2 302.05 (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-SSA2-SA2,14 Section 14. 302.05 (3) (b) of the statutes is amended to read:

SB70-SSA2-SA2,42,12 302.05 (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-SSA2-SA2,15 Section 15. 302.05 (3) (c) 1. of the statutes is amended to read:

SB70-SSA2-SA2,42,19 302.05 (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-SSA2-SA2,16 Section 16. 302.05 (3) (c) 2. (intro.) of the statutes is amended to read:

SB70-SSA2-SA2,42,25 302.05 (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-SSA2-SA2,17 Section 17. 302.05 (3) (d) of the statutes is amended to read:

SB70-SSA2-SA2,43,4 302.05 (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-SSA2-SA2,18 Section 18. 302.05 (3) (e) of the statutes is repealed.

SB70-SSA2-SA2,19 Section 19. 302.11 (7) (am) of the statutes is amended to read:

SB70-SSA2-SA2,43,12 302.11 (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-SSA2-SA2,20 Section 20. 302.113 (9) (ag) of the statutes is renumbered 302.113 (9) (ag) (intro.) and amended to read:

SB70-SSA2-SA2,43,15 302.113 (9) (ag) (intro.) In this subsection “ reviewing:

SB70-SSA2-SA2,43,18 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-SSA2-SA2,21 Section 21. 302.113 (9) (am) of the statutes is renumbered 302.113 (9) (am) 1. and amended to read:

SB70-SSA2-SA2,44,2 302.113 (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-SSA2-SA2,44,7 (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-SSA2-SA2,44,10 (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-SSA2-SA2,22 Section 22. 302.113 (9) (b) of the statutes is amended to read:

SB70-SSA2-SA2,44,19 302.113 (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-SSA2-SA2,23 Section 23. 302.113 (9) (c) of the statutes is amended to read:

SB70-SSA2-SA2,45,4 302.113 (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-SSA2-SA2,24 Section 24. 302.114 (9) (ag) of the statutes is amended to read:

SB70-SSA2-SA2,45,7 302.114 (9) (ag) In this subsection “reviewing authority" has the meaning given in s. 302.113 (9) (ag) 1.

SB70-SSA2-SA2,25 Section 25. 304.072 (4) of the statutes is amended to read:

SB70-SSA2-SA2,45,13 304.072 (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.

SB70-SSA2-SA2,26 Section 26. 973.15 (5) of the statutes is amended to read:

SB70-SSA2-SA2,45,18 973.15 (5) A convicted offender who is made available to another jurisdiction under ch. 976 or in any other lawful manner shall be credited with service of his or her Wisconsin sentence or commitment under the terms of s. ss. 973.155 and 973.156 for the duration of custody in the other jurisdiction.

SB70-SSA2-SA2,27 Section 27. 973.156 of the statutes is created to read:

SB70-SSA2-SA2,45,22 973.156 Earned compliance credit. (1) In this section, “qualifying offense” means a crime other than a violation of 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.

SB70-SSA2-SA2,46,2 (2) Upon the revocation of extended supervision under s. 302.113 (9) or parole under s. 302.11 (7), a person shall be given earned compliance credit toward the service of his or her sentence for a qualifying offense for each day that the person spent on extended supervision or parole without violating a condition or rule of extended supervision or parole prior to the violation that resulted in the revocation.

SB70-SSA2-SA2,46,4 (3) Subsection (2) does not apply to a person who is required to register under s. 301.45.

SB70-SSA2-SA2,46,7 (4) If a person is serving more than one sentence, earned compliance credit under sub. (2) is earned only for the time spent on extended supervision or parole for qualifying offenses.

SB70-SSA2-SA2,46,10 (5) The amount of the earned compliance credit under sub. (2) shall be calculated and applied by the appropriate reviewing authority under s. 302.11 (7) (am) or 302.113 (9) (am) 1.

SB70-SSA2-SA2,9108 Section 9108. Nonstatutory provisions; Corrections.

SB70-SSA2-SA2,46,16 (1) 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.

SB70-SSA2-SA2,47,3 (2) 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 of corrections to be given credit under s. 973.156. Upon proper verification of the facts alleged in the petition, credit under s. 973.156 shall be applied retroactively to the person. If the department of corrections is unable to determine whether credit under s. 973.156 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.”.

SB70-SSA2-SA2,47,4 206. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,47,5 “ Section 28. 961.443 (2) (title) of the statutes is amended to read:

SB70-SSA2-SA2,47,7 961.443 (2) (title) Immunity from criminal prosecution and revocation of parole, probation, or extended supervision.

SB70-SSA2-SA2,29 Section 29. 961.443 (2) of the statutes is renumbered 961.443 (2) (a) and amended to read:

SB70-SSA2-SA2,47,17 961.443 (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-SSA2-SA2,30 Section 30. 961.443 (2) (b) of the statutes is created to read:

SB70-SSA2-SA2,47,24 961.443 (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-SSA2-SA2,48,9 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-SSA2-SA2,48,10 207. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,48,11 “ Section 31. 20.115 (7) (gc) of the statutes is amended to read:

SB70-SSA2-SA2,48,14 20.115 (7) (gc) Industrial hemp and marijuana. All moneys received under s. 94.55 for regulation of activities relating to industrial hemp under s. 94.55 and to marijuana under s. 94.56.

SB70-SSA2-SA2,32 Section 32. 20.115 (7) (ge) of the statutes is created to read:

SB70-SSA2-SA2,48,19 20.115 (7) (ge) Marijuana producers and processors; official logotype. All moneys received under s. 94.56 for regulation of activities relating to marijuana under s. 94.56, for conducting public awareness campaigns under s. 94.56, and for the creation of a logotype under s. 100.145.

SB70-SSA2-SA2,33 Section 33. 20.435 (5) (q) of the statutes is created to read:

SB70-SSA2-SA2,48,22 20.435 (5) (q) Payments to counties. From the community reinvestment fund, all moneys received under subch. IV of ch. 139 for grants to counties under s. 250.22.

SB70-SSA2-SA2,34 Section 34. 20.566 (1) (bn) of the statutes is created to read:

SB70-SSA2-SA2,49,5 20.566 (1) (bn) Administration and enforcement of marijuana tax and regulation. The amounts in the schedule for the purposes of administering the marijuana tax imposed under subch. IV of ch. 139 and for the costs incurred in enforcing the taxing and regulation of marijuana producers, marijuana processors, and marijuana retailers under subch. IV of ch. 139.

SB70-SSA2-SA2,35 Section 35. 20.835 (2) (eq) of the statutes is created to read:

SB70-SSA2-SA2,49,8 20.835 (2) (eq) Marijuana tax refunds. A sum sufficient to pay refunds under subch. IV of ch. 139.

SB70-SSA2-SA2,36 Section 36. 25.316 of the statutes is created to read:

SB70-SSA2-SA2,49,12 25.316 Community reinvestment fund. There is established a separate nonlapsible trust fund, designated the community reinvestment fund consisting of all moneys received under subch. IV of ch. 139, including interest and penalties.

SB70-SSA2-SA2,37 Section 37. 49.148 (4) (a) of the statutes is amended to read:

SB70-SSA2-SA2,50,3 49.148 (4) (a) A Wisconsin works Works agency shall require a participant in a community service job or transitional placement who, after August 22, 1996, was convicted in any state or federal court of a felony that had as an element possession, use or distribution of a controlled substance to submit to a test for use of a controlled substance as a condition of continued eligibility. If the test results are positive, the Wisconsin works Works agency shall decrease the presanction benefit amount for that participant by not more than 15 percent for not fewer than 12 months, or for the remainder of the participant's period of participation in a community service job or transitional placement, if less than 12 months. If, at the end of 12 months, the individual is still a participant in a community service job or transitional placement and submits to another test for use of a controlled substance and if the results of the test are negative, the Wisconsin works Works agency shall discontinue the reduction under this paragraph. In this subsection, “controlled substance” does not include tetrahydrocannabinols in any form, including tetrahydrocannabinols contained in marijuana, obtained from marijuana, or chemically synthesized.

SB70-SSA2-SA2,38 Section 38. 49.79 (1) (b) of the statutes is amended to read:

SB70-SSA2-SA2,50,8 49.79 (1) (b) “Controlled substance" has the meaning given in 21 USC 802 (6), except that “controlled substance” does not include tetrahydrocannabinols in any form, including tetrahydrocannabinols contained in marijuana, obtained from marijuana, or chemically synthesized.

SB70-SSA2-SA2,39 Section 39. 59.54 (25) (title) of the statutes is amended to read:

SB70-SSA2-SA2,50,10 59.54 (25) (title) Possession Regulation of marijuana.

SB70-SSA2-SA2,40 Section 40. 59.54 (25) (a) (intro.) of the statutes is amended to read:

SB70-SSA2-SA2,50,20 59.54 (25) (a) (intro.) The board may enact and enforce an ordinance to prohibit the possession of marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance that is consistent with s. 961.71 or 961.72; except that if a complaint is issued regarding an allegation of possession of more than 25 grams of marijuana, or possession of any amount of marijuana following a conviction in this state for possession of marijuana alleging a violation of s. 961.72 (2) (b) 2. or (c) 3., the subject of the complaint may not be prosecuted under this subsection for the same action that is the subject of the complaint unless all of the following occur:

SB70-SSA2-SA2,41 Section 41. 66.0107 (1) (bm) of the statutes is amended to read:

SB70-SSA2-SA2,51,6 66.0107 (1) (bm) Enact and enforce an ordinance to prohibit the possession of marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance that is consistent with s. 961.71 or 961.72; except that if a complaint is issued regarding an allegation of possession of more than 25 grams of marijuana, or possession of any amount of marijuana following a conviction in this state for possession of marijuana alleging a violation of s. 961.72 (2) (b) 2. or (c) 3., the subject of the complaint may not be prosecuted under this paragraph for the same action that is the subject of the complaint unless the charges are dismissed or the district attorney declines to prosecute the case.

SB70-SSA2-SA2,42 Section 42. 66.04185 of the statutes is created to read:

SB70-SSA2-SA2,51,11 66.04185 Cultivation of tetrahydrocannabinols. No city, village, town, or county may prohibit cultivating tetrahydrocannabinols outdoors if the cultivation is by an individual who has no more than 6 marijuana plants at one time for his or her personal use.

SB70-SSA2-SA2,43 Section 43. 73.17 of the statutes is created to read:

SB70-SSA2-SA2,51,14 73.17 Medical marijuana registry program. (1) Definitions. In this section:

SB70-SSA2-SA2,51,15 (a) “Debilitating medical condition or treatment” means any of the following:

SB70-SSA2-SA2,51,21 1. Cancer; glaucoma; acquired immunodeficiency syndrome; a positive test for the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV; inflammatory bowel disease, including ulcerative colitis or Crohn's disease; a hepatitis C virus infection; Alzheimer's disease; amyotrophic lateral sclerosis; nail patella syndrome; Ehlers-Danlos Syndrome; post-traumatic stress disorder; or the treatment of these conditions.

SB70-SSA2-SA2,51,25 2. A chronic or debilitating disease or medical condition or the treatment of such a disease or condition that causes cachexia, severe pain, severe nausea, seizures, including those characteristic of epilepsy, or severe and persistent muscle spasms, including those characteristic of multiple sclerosis.

SB70-SSA2-SA2,52,1 (b) “Department” means the department of revenue.

SB70-SSA2-SA2,52,2 (c) “Physician” means a person licensed under s. 448.04 (1) (a).

SB70-SSA2-SA2,52,5 (d) “Qualifying patient” means a person who has been diagnosed by a physician as having or undergoing a debilitating medical condition or treatment but does not include a person under the age of 18 years.

SB70-SSA2-SA2,52,7 (e) “Tax exemption certificate” means a certificate to claim the exemption under s. 77.54 (71).

SB70-SSA2-SA2,52,8 (f) “Usable marijuana" has the meaning given in s. 139.97 (13).

SB70-SSA2-SA2,52,10 (g) “Written certification” means means a statement made by a person's physician if all of the following apply:

SB70-SSA2-SA2,52,14 1. The statement indicates that, in the physician's professional opinion, the person has or is undergoing a debilitating medical condition or treatment and the potential benefits of the person's use of usable marijuana would likely outweigh the health risks for the person.

SB70-SSA2-SA2,52,18 2. The statement indicates that the opinion described in subd. 1. was formed after a full assessment of the person's medical history and current medical condition that was conducted no more than 6 months prior to making the statement and that was made in the course of a bona fide physician-patient relationship.

SB70-SSA2-SA2,52,20 3. The statement is signed by the physician or is contained in the person's medical records.

SB70-SSA2-SA2,52,22 4. The statement contains an expiration date that is no more than 48 months after issuance and the statement has not expired.

SB70-SSA2-SA2,52,25 (2) Application. An adult who is claiming to be a qualifying patient may apply for a registry identification card by submitting to the department a signed application form containing or accompanied by all of the following: