Amendment SA2-SSA2-SB70

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SB70-SSA2-SA2,508 Section 508. 46.056 (2) of the statutes is repealed.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

SB70-SSA2-SA2,253,3 62.03 (1) This subchapter, except ss. 62.071, 62.08 (1), 62.09 (1) (e) and (11) (j) and, (k), and (m), 62.175, 62.23 (7) (em) and (he), and 62.237, does not apply to 1st class cities under special charter.

SB70-SSA2-SA2,515 Section 515. 62.09 (11) (m) of the statutes is created to read:

SB70-SSA2-SA2,253,9 62.09 (11) (m) The clerk shall make a certified claim against the state, without direction from the council, 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-SA2,253,10 254. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,253,11 “ Section 9108. Nonstatutory provisions; Corrections.

SB70-SSA2-SA2,253,15 (1) Bureau of technology management contracted positions. The authorized FTE positions for the department of corrections are increased by 3.0 GPR positions to convert 3 Bureau of Technology Management contracted positions to full-time employee positions.”.

SB70-SSA2-SA2,253,16 255. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,253,17 “ Section 516. 967.056 of the statutes is created to read:

SB70-SSA2-SA2,253,21 967.056 Prosecution of offenses; disorderly conduct. (1) If a person is accused of or charged with disorderly conduct in violation of s. 947.01 or a local ordinance in conformity with s. 947.01, a prosecutor shall offer the person an alternative to prosecution under sub. (2) if all of the following apply:

SB70-SSA2-SA2,253,22 (a) The accused or charged violation is the person's first violation of s. 947.01.

SB70-SSA2-SA2,253,24 (b) The person has not previously been convicted of a misdemeanor or felony for conduct that is substantially similar to the accused or charged violation.

SB70-SSA2-SA2,254,3 (c) The person has not been convicted of a felony in this state, or of a violation in another state that would be a felony if committed by an adult in this state, in the preceding 3 years.

SB70-SSA2-SA2,254,5 (2) A prosecutor shall offer one of the following alternatives to prosecution to a qualifying person under sub. (1):

SB70-SSA2-SA2,254,6 (a) A deferred prosecution agreement that includes restitution, if applicable.

SB70-SSA2-SA2,254,8 (b) An agreement in which the defendant stipulates to his or her guilt of a noncriminal ordinance violation that includes payment of a forfeiture.”.

SB70-SSA2-SA2,254,9 256. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,254,10 “ Section 517. 302.085 of the statutes is created to read:

SB70-SSA2-SA2,254,12 302.085 Treatment of a pregnant or postpartum person. (1) Definitions. In this section:

SB70-SSA2-SA2,254,13 (a) “Correctional facility” has the meaning given in s. 101.123 (1) (ac).

SB70-SSA2-SA2,254,16 (b) “Doula” means a nonmedical, trained professional who provides continuous physical, emotional, and informational support during pregnancy, labor, birth, and the postpartum period.

SB70-SSA2-SA2,254,19 (c) “Doula services" means childbirth education and support services, including emotional, physical, and informational support provided during pregnancy, labor, birth, and the postpartum period.

SB70-SSA2-SA2,254,21 (d) “Postpartum” means the period of time following the birth of an infant to 6 months after the birth.

SB70-SSA2-SA2,254,23 (e) “Restrain” means to use a mechanical, chemical, or other device to constrain the movement of a person's body or limbs.

SB70-SSA2-SA2,255,7 (2) Restraining a pregnant person. (a) A representative of a correctional facility may not restrain a person known to be pregnant unless the representative makes an individualized determination that restraints are reasonably necessary to ensure safety and security of the person, the staff of the correctional facility, other inmates, or the public. If such a determination is made, the representative may use only the least restrictive effective type of restraint that is most reasonable under the circumstances.

SB70-SSA2-SA2,255,12 (b) A representative of a correctional facility may not restrain a person known to be pregnant while the person is being transported if the restraint is through the use of leg irons, waist chains or other devices that cross or otherwise touch the person's abdomen, or handcuffs or other devices that cross or otherwise touch the person's wrists when affixed behind the person's back.

SB70-SSA2-SA2,255,14 (c) A representative of a correctional facility may not place a person known to be pregnant in solitary confinement for any punitive purpose.

SB70-SSA2-SA2,255,16 (d) A representative of a correctional facility may restrain a person who is in labor or who has given birth in the preceding 3 days only if all of the following apply:

SB70-SSA2-SA2,255,20 1. There is a substantial flight risk or some other extraordinary medical or security circumstance that requires restraints be used to ensure the safety and security of the person, the staff of the correctional or medical facility, other inmates, or the public.

SB70-SSA2-SA2,255,22 2. The representative has made an individualized determination that restraints are necessary to prevent escape or ensure safety or security.

SB70-SSA2-SA2,255,24 3. There is no objection to the use of restraints by the treating medical care provider.

SB70-SSA2-SA2,256,2 4. The restraints used are the least restrictive effective type and are used in the least restrictive manner.

SB70-SSA2-SA2,256,5 (e) All staff members who may come into contact with a pregnant or postpartum person at any correctional facility shall receive training on the requirements of this subsection on an annual basis.

SB70-SSA2-SA2,256,7 (3) Treatment of a pregnant or postpartum person. A correctional facility shall ensure all of the following for every person incarcerated at the facility:

SB70-SSA2-SA2,256,8 (a) That every woman under 50 years of age is offered testing for pregnancy.

SB70-SSA2-SA2,256,10 (b) That every pregnant person is offered testing for sexually transmitted infections, including HIV.

SB70-SSA2-SA2,256,12 (c) That every pregnant person who is on a methadone treatment regimen be provided continuing methadone treatment.

SB70-SSA2-SA2,256,15 (d) That every pregnant person and every person who has given birth in the past 6 weeks is provided appropriate educational materials and resources related to pregnancy, childbirth, breastfeeding, and parenting.

SB70-SSA2-SA2,256,19 (e) That every pregnant person and every person who has given birth in the past 6 weeks has access to doula services if these services are provided by a doula without charge to the correctional facility or the incarcerated person pays for the doula services.

SB70-SSA2-SA2,256,22 (f) That every pregnant person and every person who has given birth in the past 6 months has access to a mental health assessment and, if necessary, mental health treatment.

SB70-SSA2-SA2,256,25 (g) That every pregnant person and every person who has given birth in the past 6 months who is determined to be suffering from a mental illness has access to evidence-based mental health treatment including psychotropic medication.

SB70-SSA2-SA2,257,4 (h) That every pregnant person who is determined to be suffering from depression and every person who has given birth in the past 6 months who is determined to be suffering from postpartum depression has access to evidence-based therapeutic care for depression.

SB70-SSA2-SA2,257,8 (i) That every person who has given birth in the past 12 months whose body is producing breast milk has access to the necessary supplies and is provided an opportunity to express the breast milk as needed to maintain an active supply of breast milk.

SB70-SSA2-SA2,257,11 (j) That every pregnant person and every person who has given birth in the past 6 months is advised orally and in writing of all applicable laws and policies governing an incarcerated pregnant or postpartum person.”.

SB70-SSA2-SA2,257,12 257. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,257,13 “ Section 518. 304.06 (1) (c) 3. of the statutes is amended to read:

SB70-SSA2-SA2,257,19 304.06 (1) (c) 3. The victim of the crime committed by the inmate or, if the victim died as a result of the crime, an adult member of the victim's family and any member of the victim's family who was younger than 18 years old at the time the crime was committed but is now 18 years old or older or, if the victim is younger than 18 years old, the victim's parent or legal guardian, upon submission of a card under par. (f) requesting notification.

SB70-SSA2-SA2,519 Section 519. 304.063 (2) (a) of the statutes is amended to read:

SB70-SSA2-SA2,258,2 304.063 (2) (a) The victim of the crime committed by the prisoner or, if the victim died as a result of the crime, an adult member of the victim's family and any member of the victim's family who was younger than 18 years old at the time the crime was committed but is now 18 years old or older or, if the victim is younger than 18 years old, the victim's parent or legal guardian.”.

SB70-SSA2-SA2,258,3 258. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,258,4 “ Section 520. 977.08 (5) (br) of the statutes is amended to read:

SB70-SSA2-SA2,258,8 977.08 (5) (br) Beginning on July 1, 2000 , and until June 30, 2023, the state public defender may exempt up to 10 full-time assistant state public defenders in the subunit responsible for trials from the annual caseload standards under par. (bn) based on their need to perform other assigned duties.

SB70-SSA2-SA2,521 Section 521. 977.08 (5) (bs) of the statutes is created to read:

SB70-SSA2-SA2,258,13 977.08 (5) (bs) Beginning on July 1, 2023, the state public defender may exempt up to 25 full-time assistant state public defenders in the subunit responsible for trials from the annual caseload standards under par. (bn) based on their need to perform other assigned duties.”.

SB70-SSA2-SA2,258,14 259. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,258,15 “ Section 522. 20.455 (2) (a) of the statutes is amended to read:

SB70-SSA2-SA2,258,20 20.455 (2) (a) General program operations. The amounts in the schedule for general program operations, including operating the state crime laboratories, performing criminal investigations, providing law enforcement services and, providing independent crime laboratory services for defendants in a felony case upon authorization by the presiding judge, and operating the office of school safety.

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

SB70-SSA2-SA2,259,5 (1) Office of school safety. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (a), the dollar amount for fiscal year 2023-24 is increased by $387,800 to increase the authorized FTE positions for the department by 7.0 GPR positions for the operations of the office of school safety to support and enhance school safety initiatives. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (a), the dollar amount for fiscal year 2024-25 is increased by $601,000 to provide funding for the positions authorized under this subsection.”.

SB70-SSA2-SA2,259,6 260. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,259,8 “ Section 523. 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-SA2,524 Section 524. 20.455 (2) (fw) of the statutes is created to read:

SB70-SSA2-SA2,259,13 20.455 (2) (fw) Elder abuse hotline and grant program. As a continuing appropriation, the amounts in the schedule to fund a statewide elder abuse hotline and to provide grants under s. 165.937 to programs that promote the protection of elders.

SB70-SSA2-SA2,525 Section 525. 165.937 of the statutes is created to read:

SB70-SSA2-SA2,259,17 165.937 Grants for protection of elders. (1) The department of justice shall award grants from the appropriation under s. 20.455 (2) (fw) to organizations that promote the protection of elders.