Amendment SA2-SSA2-SB70

SB70-SSA2-SA2,242,24 967.11 (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.

SB70-SSA2-SA2,496 Section 496. 973.155 (1m) of the statutes is amended to read:

SB70-SSA2-SA2,243,5 973.155 (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.

SB70-SSA2-SA2,9227 Section 9227. Fiscal changes; Justice.

SB70-SSA2-SA2,243,10 (1) Transfer of moneys for grants for alternatives to prosecution and incarceration. There is transferred the unencumbered balance in the appropriation account under s. 20.455 (2) (kr), 2021 stats., to the appropriation account under s. 20.455 (2) (jd) on the effective date of this subsection.

SB70-SSA2-SA2,9327 Section 9327. Initial applicability; Justice.

SB70-SSA2-SA2,243,14 (1) Treatment alternatives and diversions. The treatment of s. 165.95 (1) (ac), (2), (2r), and (3) (a), (ag), (bd), (d), (e), (g), (h), (j), and (k), first applies to grants awarded under s. 165.95 (2) on the effective date of this subsection.”.

SB70-SSA2-SA2,243,15 248. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,243,16 “ Section 497. 165.93 (2) (title) of the statutes is amended to read:

SB70-SSA2-SA2,243,17 165.93 (2) (title) Grants by application.

SB70-SSA2-SA2,498 Section 498. 165.93 (2m) of the statutes is created to read:

SB70-SSA2-SA2,243,23 165.93 (2m) Grants to the Wisconsin Coalition Against Sexual Assault. In addition to the grants under sub. (2), from the appropriation under s. 20.455 (5) (e), the department shall provide a grant of $343,000 annually to the Wisconsin Coalition Against Sexual Assault to provide services for sexual assault victims. The Wisconsin Coalition Against Sexual Assault may also apply for grants under sub. (2).”.

SB70-SSA2-SA2,243,24 249. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,244,1 “ Section 499. 15.253 (4) of the statutes is created to read:

SB70-SSA2-SA2,244,4 15.253 (4) Office of missing and murdered indigenous women. There is created an office of missing and murdered indigenous women. The director of the office shall be appointed by the attorney general.

SB70-SSA2-SA2,500 Section 500 . 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table - See PDF for table - See PDF for table

SB70-SSA2-SA2,501 Section 501. 20.455 (5) (c) of the statutes is created to read:

SB70-SSA2-SA2,244,10 20.455 (5) (c) Office of missing and murdered indigenous women. The amounts in the schedule for the administration of the office of missing and murdered indigenous women and to provide grants under s. 165.97 (3).

SB70-SSA2-SA2,502 Section 502. 20.923 (4) (c) 7. of the statutes is created to read:

SB70-SSA2-SA2,244,13 20.923 (4) (c) 7. Justice, department of: director of the office of missing and murdered indigenous women.

SB70-SSA2-SA2,503 Section 503. 165.97 of the statutes is created to read:

SB70-SSA2-SA2,244,16 165.97 Office of missing and murdered indigenous women. (1) Definitions. In this section:

SB70-SSA2-SA2,244,17 (d) “Office” means the office of missing and murdered indigenous women.

SB70-SSA2-SA2,244,19 (m) “Tribe” means a federally recognized American Indian tribe or band in this state.

SB70-SSA2-SA2,245,1 (2) Duties. The office shall do all of the following:

SB70-SSA2-SA2,245,2 (a) Provide services to crime victims and witnesses who are members of a tribe.

SB70-SSA2-SA2,245,4 (b) Provide trauma-informed health and wellness support for crime victims, their families, and other persons who are members of a tribe.

SB70-SSA2-SA2,245,9 (c) Offer or contract with another entity to offer training relating to missing and murdered indigenous women. Training under this paragraph may include training topics such as search and rescue tactics, enhanced response and coordination tactics across federal, state, and tribal jurisdictions, and other topics relating to missing and murdered indigenous women.

SB70-SSA2-SA2,245,12 (3) Grant program. The office shall establish a program to provide grants from the appropriation under s. 20.455 (5) (c) to tribes and organizations affiliated with tribes relating to missing and murdered indigenous women.

SB70-SSA2-SA2,504 Section 504. 230.08 (2) (wd) of the statutes is created to read:

SB70-SSA2-SA2,245,15 230.08 (2) (wd) The director of the office of missing and murdered indigenous women in the department of justice.

SB70-SSA2-SA2,9127 Section 9127. Nonstatutory provisions; Justice.

SB70-SSA2-SA2,245,21 (1) Office of missing and murdered indigenous women. The authorized FTE positions to the department of justice are increased by 3.0 GPR positions staff the office of missing and murdered indigenous women. One of the positions authorized under this subsection shall be the director of the office of missing and murdered indigenous women under s. 20.923 (4) (c) 7.”.

SB70-SSA2-SA2,245,22 250. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,245,23 “ Section 505. 165.73 of the statutes is created to read:

SB70-SSA2-SA2,246,2 165.73 Hate crimes reporting. (1) In this section, “hate crime” means an act described under s. 939.645 (1).

SB70-SSA2-SA2,246,6 (2) The department of justice shall provide a publicly accessible Internet-based reporting system and a telephone hotline for the reporting of hate crimes. The department of justice shall ensure that the reporting system and hotline do all of the following:

SB70-SSA2-SA2,246,8 (a) Relay a report of a hate crime to the appropriate employee of the department or law enforcement officer for investigation.

SB70-SSA2-SA2,246,9 (b) Direct individuals to appropriate local support services.

SB70-SSA2-SA2,246,12 (c) Maintain confidentiality for any personally identifiable information that an individual provides through the reporting system or hotline, except as needed for investigative, legal, or crime victims service purposes.

SB70-SSA2-SA2,246,15 (d) Are staffed by individuals who are trained to be knowledgeable about applicable federal, state, and local hate crime laws and law enforcement and support services.

SB70-SSA2-SA2,246,19 (3) The department of justice shall collaborate with community organizations to provide a public education campaign to raise awareness of hate crimes and to promote the reporting of hate crimes using the reporting system and hotline described in sub. (2).

SB70-SSA2-SA2,246,21 (4) The department of justice shall collect data on hate crime reporting under sub. (2).”.

SB70-SSA2-SA2,246,22 251. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,246,23 “ Section 9108. Nonstatutory provisions; Corrections.

SB70-SSA2-SA2,247,3 (1) Realignment of funding and positions. Adjust funding and positions between appropriations to reflect various organizational modifications within the Department. The adjustments include a reallocation of all of the following:

SB70-SSA2-SA2,247,7 (a) $9,072,200 GPR and $12,100 PR within the Secretary's Office to allow the Department to create budgetary subunits for the currently existing research unit, reentry unit, Prison Rape Elimination Act (PREA) unit, Office of Legal Counsel, Office of Internal Affairs, and Office of Public Information.

SB70-SSA2-SA2,247,11 (b) $251,000 GPR from the general program operations appropriation (Bureau of Personnel and Human Resources) to the services for community corrections appropriation (Bureau of Personnel and Human Resources) to more accurately reflect human resource services by appropriation.

SB70-SSA2-SA2,247,14 (c) 8.0 GPR positions and associated funding ($676,800 GPR) from the general programs operations appropriation to the services for community corrections appropriation related to a previous transfer of positions.

SB70-SSA2-SA2,247,17 (d) 7.70 PR positions and associated funding ($553,700) to GPR positions and funding to account for a decrease in PR revenue, but an on-going utilization of the positions.

SB70-SSA2-SA2,247,20 (e) $490,000 GPR and 4.0 GPR positions to match the reallocation of the positions (and associated funding) from the Divisions of Community Corrections and Juvenile Justice to the Office of the Secretary in calendar year 2021.

SB70-SSA2-SA2,247,22 (f) $11,200 GPR to provide supplies and services to previously transferred positions.

SB70-SSA2-SA2,247,25 (g) $2,210,300 GPR to align funding between the general program operations, the community corrections, and the purchased services for offenders appropriations to reflect actions in the 2021-23 budget.

SB70-SSA2-SA2,248,3 (2) Program Revenue reestimates. Provide $9,575,800 in 2023-24 and $9,903,500 in 2024-25 associated with funding adjustments for the following program revenue purposes:

SB70-SSA2-SA2,248,6 (a) For Badger State Logistics, increase the dollar amount for fiscal year 2023-24 by $600,000 and increase the dollar amount for fiscal year 2024-25 by $600,000.

SB70-SSA2-SA2,248,8 (b) For Canteen Operations, increase the dollar amount for fiscal year 2023-24 by $1,000,000 and increase the dollar amount for fiscal year 2024-25 by $1,000,000.

SB70-SSA2-SA2,248,10 (c) For Correctional Farms, increase the dollar amount for fiscal year 2023-24 by $1,600,000 and increase the dollar amount for fiscal year 2024-25 by $1,600,000.

SB70-SSA2-SA2,248,12 (d) For Prison Industries, increase the dollar amount for fiscal year 2023-24 by $1,400,000 and increase the dollar amount for fiscal year 2024-25 by $1,400,000.

SB70-SSA2-SA2,248,14 (e) For Prison Industries, increase the dollar amount for fiscal year 2023-24 by $1,000,000 and increase the dollar amount for fiscal year 2024-25 by $1,000,000.

SB70-SSA2-SA2,248,17 (f) For Telephone Company Commissions, increase the dollar amount for fiscal year 2023-24 by $1,000,000 and increase the dollar amount for fiscal year 2024-25 by $1,000,000.

SB70-SSA2-SA2,248,19 (g) For General Operations, increase the dollar amount for fiscal year 2023-24 by $1,000,000 and increase the dollar amount for fiscal year 2024-25 by $1,000,000.

SB70-SSA2-SA2,248,22 (h) For Probation, Parole, and Extended Supervision, increase the dollar amount for fiscal year 2023-24 by $2,000,000 and increase the dollar amount for fiscal year 2024-25 by $2,000,000.

SB70-SSA2-SA2,248,25 (i) For Juvenile Alternate Care Services, increase the dollar amount for fiscal year 2023-24 by $741,000 and increase the dollar amount for fiscal year 2024-25 by $913,600.

SB70-SSA2-SA2,249,3 (j) For Juvenile Utilities & Heating, increase the dollar amount for fiscal year 2023-24 by $234,800 and increase the dollar amount for fiscal year 2024-25 by $389,900.”.

SB70-SSA2-SA2,249,4 252. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,249,5 “ Section 506. 20.435 (2) (bm) of the statutes is amended to read:

SB70-SSA2-SA2,249,10 20.435 (2) (bm) Secure mental health units or facilities. The amounts in the schedule for the general program operations of the Wisconsin Resource Center under s. 46.056 and other secure mental health units or facilities under s. 980.065 at which persons committed under s. 980.06 are placed, but not for security operations at the Wisconsin Resource Center.

SB70-SSA2-SA2,507 Section 507. 46.056 (1) of the statutes is renumbered 46.056.

SB70-SSA2-SA2,508 Section 508. 46.056 (2) of the statutes is repealed.

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

SB70-SSA2-SA2,249,14 (1) Transfer of security operations at the Wisconsin Resource Center.

SB70-SSA2-SA2,249,19 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of corrections that are primarily related to security operations at the Wisconsin Resource Center, as determined by the secretary of administration, become the assets and liabilities of the department of health services.

SB70-SSA2-SA2,249,24 (b) Positions and employees. On the effective date of this paragraph, 110.0 FTE GPR positions, and the incumbent employees holding those positions, in the department of corrections responsible for the performance of security operations at the Wisconsin Resource Center under s. 46.056 (2), 2021 stats., as determined by the secretary of administration, are transferred to the department of health services.

SB70-SSA2-SA2,250,5 (c) Employee status. Employees transferred under par. (b ) have all the rights and the same status under ch. 230 of the statutes in the department of health services that they enjoyed in the department of corrections immediately before the transfer. Notwithstanding s. 230.28 (4), no employee transferred under par. (b) who has attained permanent status in class is required to serve a probationary period.

SB70-SSA2-SA2,250,10 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of corrections that are primarily related to security operations at the Wisconsin Resource Center, as determined by the secretary of administration, is transferred to the department of health services.

SB70-SSA2-SA2,250,17 (e) Pending matters. Any matter pending with the department of corrections on the effective date of this paragraph that is primarily related to security operations at the Wisconsin Resource Center, as determined by the secretary of administration, is transferred to the department of health services. All materials submitted to or actions taken by the department of corrections with respect to the pending matter are considered as having been submitted to or taken by the department of health services.

SB70-SSA2-SA2,250,23 (f) Contracts. All contracts entered into by the department of corrections primarily related to security operations at the Wisconsin Resource Center, as determined by the secretary of administration, in effect on the effective date of this paragraph remain in effect and are transferred to the department of health services. The department of health services shall carry out any obligations under those contracts unless modified or rescinded to the extent allowed under the contract.”.

SB70-SSA2-SA2,250,24 253. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,251,1 “ Section 509. 16.51 (7) of the statutes is amended to read:

SB70-SSA2-SA2,252,2 16.51 (7) Audit claims for expenses in connection with prisoners and juveniles in juvenile correctional facilities. Receive, examine, determine, and audit claims, duly certified and approved by the department of corrections, from the county clerk of any county in, city, village, or town on behalf of the county, city, village, or town, which are presented for payment to reimburse the county reimbursement for certain expenses incurred or paid by it in reference to all matters growing out of actions and proceedings involving prisoners in state prisons, as defined in s. 302.01, or juveniles in juvenile correctional facilities, as defined in s. 938.02 (10p), including prisoners or juveniles transferred to a mental health institute for observation or treatment, when the. The department shall reimburse under this subsection a county in which a state prison or juvenile correctional facility is located for expenses relating to actions or proceedings involving a prisoner in the state prison or a juvenile in the juvenile correctional facility that are commenced in counties in which the prisons or juvenile correctional facilities are located by a district attorney or by the prisoner or juvenile as a postconviction remedy or a matter involving the prisoner's status as a prisoner or the juvenile's status as a resident of a juvenile correctional facility and for certain expenses incurred or paid by it the county in reference to holding those juveniles in secure custody while those actions or proceedings are pending. The department shall reimburse a county, city, village, or town under this subsection for expenses relating to law enforcement investigative services that it provided for an incident involving a prisoner in a state prison or a juvenile in a juvenile correctional facility within its jurisdiction. Expenses shall only include the amounts that were necessarily incurred and actually paid and shall be no more than the legitimate cost would be to any other county jurisdiction had the offense or crime occurred therein.

SB70-SSA2-SA2,510 Section 510. 20.410 (1) (c) of the statutes is amended to read:

SB70-SSA2-SA2,252,6 20.410 (1) (c) Reimbursement claims of counties or municipalities containing state prisons. A sum sufficient to pay all valid claims made by county clerks of counties, cities, villages, or towns containing state prisons as provided in s. 16.51 (7).

SB70-SSA2-SA2,511 Section 511. 20.410 (3) (c) of the statutes is amended to read:

SB70-SSA2-SA2,252,11 20.410 (3) (c) Reimbursement claims of counties or municipalities containing juvenile correctional facilities. A sum sufficient to pay all valid claims made by county clerks of counties, cities, villages, or towns containing state juvenile correctional facilities as provided in s. 16.51 (7).

SB70-SSA2-SA2,512 Section 512. 60.33 (10p) of the statutes is created to read:

SB70-SSA2-SA2,252,17 60.33 (10p) Claims in towns containing state institutions. Make a certified claim against the state, without direction from the board, in all cases in which the reimbursement is directed in s. 16.51 (7), upon forms prescribed by the department of administration. The forms shall contain information required by the clerk and shall be filed annually with the department of corrections on or before June 1.

SB70-SSA2-SA2,513 Section 513. 61.25 (11) of the statutes is created to read:

SB70-SSA2-SA2,252,23 61.25 (11) To make a certified claim against the state, without direction from the board, in all cases in which the reimbursement is directed in s. 16.51 (7), upon forms prescribed by the department of administration. The forms shall contain information required by the clerk and shall be filed annually with the department of corrections on or before June 1.

SB70-SSA2-SA2,514 Section 514. 62.03 (1) of the statutes is amended to read: