AB43: Bill Text

AB43,,7383 (b) A person who is developing an alternative technology if the use of a coal tar sealant product or high PAH sealant product is required for research or development.

AB43,2675 Section 2675. 299.65 of the statutes is created to read:

AB43,,7385 299.65 Commercial vessels subject to federal Vessel Incidental Discharge Act. (1) (a) Subject to pars. (b) and (c), the owner or operator of any commercial vessel subject to the requirements of the federal Vessel Incidental Discharge Act under 33 USC 1322 (p) that has operated outside this state shall pay to the department, no later than 5 days prior to arriving in a port of this state, $650 per arrival to a port of this state.

AB43,,7386 (b) The owner or operator of a commercial vessel engaged in coastwise trade that is subject to the requirements of 46 USC 55101 to 55103 may not be required to pay more than $3,250 in fees per calendar year under this subsection.

AB43,,7387 (c) The owner or operator of a commercial vessel that is subject to the requirements of the federal Vessel Incidental Discharge Act under 33 USC 1322 (p) may not be required to pay more than $3,250 in fees per calendar year under this subsection.

AB43,,7388 (2) The department may adjust the amount of the fee under sub. (1) (a) once every 5 years to account for any changes in the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor for the month of October immediately preceding the date of adjustment, as provided under 33 USC 1322 (p) (9) (A) (iv) (III) (aa).

AB43,,7389 (3) The department shall credit all fees collected under sub. (1) (a) to the appropriation account under s. 20.370 (4) (aj).

AB43,2676 Section 2676. 299.66 of the statutes is renumbered 299.66 (1).

AB43,2677 Section 2677. 299.66 (2) of the statutes is created to read:

AB43,,7392 299.66 (2) (a) The department may enter into a memorandum of agreement with the U.S. Coast Guard concerning implementation and enforcement of the provisions of 33 USC 1322 and any regulations promulgated by the secretary of the U.S. department of homeland security under 33 USC 1322 (p) (5).

AB43,,7393 (b) If the department enters into a memorandum of agreement with the U.S. Coast Guard under par. (a), an employee or agent of the department may board and inspect any vessel that is subject to s. 299.65 to determine the state of compliance with the federal Vessel Incidental Discharge Act under 33 USC 1322 (p) and any regulations promulgated thereunder.

AB43,2678 Section 2678. 301.12 (2m) of the statutes is amended to read:

AB43,,7395 301.12 (2m) The liability specified in sub. (2) shall not apply to persons 17 and older adults receiving care, maintenance, services, and supplies provided by prisons named in s. 302.01.

AB43,2679 Section 2679. 301.12 (14) (a) of the statutes is amended to read:

AB43,,7397 301.12 (14) (a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17 years of age minors in residential, nonmedical facilities such as group homes, foster homes, residential care centers for children and youth, and juvenile correctional institutions is determined in accordance with the cost-based fee established under s. 301.03 (18). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (4m) or by other 3rd-party benefits, subject to rules that include formulas governing ability to pay promulgated by the department under s. 301.03 (18). Any liability of the resident not payable by any other person terminates when the resident reaches age 17 becomes an adult, unless the liable person has prevented payment by any act or omission.

AB43,2680 Section 2680. 301.26 (4) (d) 2. of the statutes is amended to read:

AB43,,7399 301.26 (4) (d) 2. Beginning on July 1, 2019, and ending on June 30, 2020, the per person daily cost assessment to counties shall be $532 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and $532 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3). Beginning on July 1, 2021 2023, and ending on June 30, 2022 2024, the per person daily cost assessment to counties shall be $1,154 is $1,246 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and $1,154 $1,246 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3).

AB43,2681 Section 2681. 301.26 (4) (d) 3. of the statutes is amended to read:

AB43,,7401 301.26 (4) (d) 3. Beginning on July 1, 2020, and ending on December 31, 2020, the per person daily cost assessment to counties shall be $550 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and $550 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3). Beginning on January 1, 2021, and ending on June 30, 2021, the per person daily cost assessment to counties shall be $615 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and $615 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3). Beginning on July 1, 2022 2024, and ending on June 30, 2023 2025, the per person daily cost assessment to counties shall be $1,178 is $1,268 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and $1,178 $1,268 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3).

AB43,2682 Section 2682. 301.50 (1) of the statutes is amended to read:

AB43,,7403 301.50 (1) In this section, “substantial parental relationship” means the acceptance and exercise of significant responsibility for the daily supervision, education, protection, and care of the child. In evaluating whether an individual has had a substantial parental relationship with the child, factors that may be considered include, but are not limited to, whether the individual has expressed concern for or interest in the support, care, or well-being of the child; whether the individual has neglected or refused to provide care or support for the child; and whether, with respect to an individual who is or may be the father a parent of the child, the individual has expressed concern for or interest in the support, care, or well-being of the mother during her parent who gave birth during pregnancy.

AB43,2683 Section 2683. 302.05 (title) of the statutes is amended to read:

AB43,,7405 302.05 (title) Wisconsin substance abuse earned release program.

AB43,2684 Section 2684. 302.05 (1) (am) (intro.) of the statutes is amended to read:

AB43,,7407 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:

AB43,2685 Section 2685. 302.05 (1) (b) of the statutes is amended to read:

AB43,,7409 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).

AB43,2686 Section 2686. 302.05 (1) (c) of the statutes is created to read:

AB43,,7411 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.

AB43,,7412 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).

AB43,2687 Section 2687. 302.05 (2) of the statutes is amended to read:

AB43,,7414 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.

AB43,2688 Section 2688. 302.05 (3) (a) 2. of the statutes is amended to read:

AB43,,7416 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.

AB43,2689 Section 2689. 302.05 (3) (b) of the statutes is amended to read:

AB43,,7418 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.

AB43,2690 Section 2690. 302.05 (3) (c) 1. of the statutes is amended to read:

AB43,,7420 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.

AB43,2691 Section 2691. 302.05 (3) (c) 2. (intro.) of the statutes is amended to read:

AB43,,7422 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:

AB43,2692 Section 2692. 302.05 (3) (d) of the statutes is amended to read:

AB43,,7424 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.

AB43,2693 Section 2693. 302.05 (3) (e) of the statutes is repealed.

AB43,2694 Section 2694. 302.085 of the statutes is created to read:

AB43,,7427 302.085 Treatment of a pregnant or postpartum person. (1) Definitions. In this section:

AB43,,7428 (a) “Correctional facility” has the meaning given in s. 101.123 (1) (ac).

AB43,,7429 (b) “Doula” means a nonmedical, trained professional who provides continuous physical, emotional, and informational support during pregnancy, labor, birth, and the postpartum period.

AB43,,7430 (c) “Doula services” means childbirth education and support services, including emotional, physical, and informational support provided during pregnancy, labor, birth, and the postpartum period.

AB43,,7431 (d) “Postpartum” means the period of time following the birth of an infant to 6 months after the birth.

AB43,,7432 (e) “Restrain” means to use a mechanical, chemical, or other device to constrain the movement of a person’s body or limbs.

AB43,,7433 (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.

AB43,,7434 (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.

AB43,,7435 (c) A representative of a correctional facility may not place a person known to be pregnant in solitary confinement for any punitive purpose.

AB43,,7436 (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:

AB43,,7437 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.

AB43,,7438 2. The representative has made an individualized determination that restraints are necessary to prevent escape or ensure safety or security.

AB43,,7439 3. There is no objection to the use of restraints by the treating medical care provider.

AB43,,7440 4. The restraints used are the least restrictive effective type and are used in the least restrictive manner.

AB43,,7441 (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.

AB43,,7442 (3) Treatment of a pregnant or postpartum person. A correctional facility shall ensure all of the following for every person incarcerated at the facility:

AB43,,7443 (a) That every woman under 50 years of age is offered testing for pregnancy.

AB43,,7444 (b) That every pregnant person is offered testing for sexually transmitted infections, including HIV.

AB43,,7445 (c) That every pregnant person who is on a methadone treatment regimen be provided continuing methadone treatment.

AB43,,7446 (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.

AB43,,7447 (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.

AB43,,7448 (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.

AB43,,7449 (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.

AB43,,7450 (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.

AB43,,7451 (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.

AB43,,7452 (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.

AB43,2695 Section 2695. 302.11 (7) (am) of the statutes is amended to read:

AB43,,7454 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.

AB43,2696 Section 2696. 302.113 (9) (ag) of the statutes is renumbered 302.113 (9) (ag) (intro.) and amended to read:

AB43,,7456 302.113 (9) (ag) (intro.) In this subsection “reviewing:

AB43,,7457 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.

AB43,2697 Section 2697. 302.113 (9) (am) of the statutes is renumbered 302.113 (9) (am) 1. and amended to read:

AB43,,7459 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

AB43,,7460 (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.

AB43,,7461 (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.

AB43,2698 Section 2698. 302.113 (9) (b) of the statutes is amended to read:

AB43,,7463 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).

AB43,2699 Section 2699. 302.113 (9) (c) of the statutes is amended to read:

AB43,,7465 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.

AB43,2700 Section 2700. 302.114 (9) (ag) of the statutes is amended to read:

AB43,,7467 302.114 (9) (ag) In this subsection “reviewing authority” has the meaning given in s. 302.113 (9) (ag) 1.

AB43,2701 Section 2701. 302.31 (7) of the statutes is amended to read:

AB43,,7469 302.31 (7) The temporary placement of persons in the custody of the department, other than persons under 17 years of age minors, and persons who have attained the age of 17 years but have not attained adults under the age of 25 years who are under the supervision of the department under s. 938.355 (4) and who have been taken into custody pending revocation of community supervision or aftercare supervision under s. 938.357 (5) (e).

AB43,2702 Section 2702. 302.43 of the statutes is amended to read:

AB43,,7471 302.43 Good time. Every inmate of a county jail is eligible to earn good time in the amount of one-fourth of his or her term for good behavior if sentenced to at least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects or refuses to perform any duty lawfully required of him or her, may be deprived by the sheriff of good time under this section, except that the sheriff shall not deprive the inmate of more than 2 days good time for any one offense without the approval of the court. An inmate who files an action or special proceeding, including a petition for a common law writ of certiorari, to which s. 807.15 applies shall be deprived of the number of days of good time specified in the court order prepared under s. 807.15 (3). This section does not apply to a person who is confined in the county jail in connection with his or her participation in 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).