Amendment AA15-ASA2-AB50

AB50-ASA2-AA15,52,2 20.437 (1) (kp) Youth aids funding for the youth justice system improvement program. All moneys transferred from the appropriation account under par. (cj), as provided under s. 48.526 (3) (e), for the youth justice system improvement program under s. 48.528.

AB50-ASA2-AA15,107 Section 107. 48.526 (3) (e) of the statutes is amended to read:

AB50-ASA2-AA15,52,13 48.526 (3) (e) The department may carry forward $500,000 or transfer to the appropriation account under s. 20.437 (1) (kp) 10 percent of its funds allocated under this subsection and not encumbered expended or carried forward under par. (dm) by counties by December 31, whichever is greater, to the next 2 calendar years. The department may transfer moneys from or within s. 20.437 (1) (cj) or (q) to accomplish this purpose. The department may allocate these transferred moneys to counties with persistently high rates of juvenile arrests for serious offenses during the next 2 calendar years to improve community-based juvenile delinquency-related services, as defined in s. 46.011 (1c). The allocation does not affect a county’s base allocation.

AB50-ASA2-AA15,108 Section 108. 48.526 (3) (em) of the statutes is repealed.

AB50-ASA2-AA15,109 Section 109. 48.526 (7) (intro.) of the statutes is amended to read:

AB50-ASA2-AA15,52,21 48.526 (7) Allocations of funds. (intro.) Within the limits of the availability of the appropriations under s. 20.437 (1) (cj), (o), and (q), the department shall allocate funds for community youth and family aids for the period beginning on July 1, 2021 2025, and ending on June 30, 2023 and for the 2023 fiscal biennium 2027, as provided in this subsection to county departments under ss. 46.215, 46.22, and 46.23 as follows:

AB50-ASA2-AA15,110 Section 110. 48.526 (7) (a) of the statutes is amended to read:

AB50-ASA2-AA15,53,2 48.526 (7) (a) For community youth and family aids under this section, amounts not to exceed $47,740,750 $48,089,350 for the last 6 months of 2023, $95,481,500 2025, $101,138,500 for 2024 2026, and $47,740,750 $51,610,850 for the first 6 months of 2025 2027.

AB50-ASA2-AA15,111 Section 111. 48.526 (7) (b) (intro.) of the statutes is amended to read:

AB50-ASA2-AA15,53,7 48.526 (7) (b) (intro.) Of the amounts specified in par. (a), the department shall allocate $2,000,000 for the last 6 months of 2023 2025, $4,000,000 for 2024 2026, and $2,000,000 for the first 6 months of 2025 2027 to counties based on each of the following factors weighted equally:

AB50-ASA2-AA15,112 Section 112. 48.526 (7) (bm) of the statutes is amended to read:

AB50-ASA2-AA15,53,14 48.526 (7) (bm) Of the amounts specified in par. (a), the department shall allocate $6,250,000 for the last 6 months of 2023 2025, $12,500,000 for 2024 2026, and $6,250,000 for the first 6 months of 2025 2027 to counties based on each county’s proportion of the number of juveniles statewide who are placed in a juvenile correctional facility or a secured residential care center for children and youth during the most recent 3-year period for which that information is available.

AB50-ASA2-AA15,113 Section 113. 48.526 (7) (c) of the statutes is amended to read:

AB50-ASA2-AA15,53,23 48.526 (7) (c) Of the amounts specified in par. (a), the department shall allocate $1,053,200 for the last 6 months of 2023 2025, $2,106,500 for 2024 2026, and $1,053,300 for the first 6 months of 2025 2027 to counties based on each of the factors specified in par. (b) 1. to 3. weighted equally, except that no county may receive an allocation under this paragraph that is less than 93 percent nor more than 115 percent of the amount that the county would have received under this paragraph if the allocation had been distributed only on the basis of the factor specified in par. (b) 3.

AB50-ASA2-AA15,114 Section 114. 48.526 (7) (e) of the statutes is repealed.

AB50-ASA2-AA15,115 Section 115. 48.526 (7) (h) of the statutes is repealed.

AB50-ASA2-AA15,116 Section 116. 48.526 (8) of the statutes is repealed.

AB50-ASA2-AA15,117 Section 117. 48.528 of the statutes is repealed and recreated to read:

AB50-ASA2-AA15,54,6 48.528 Youth justice system improvement program. From the appropriations under s. 20.437 (1) (cm) and (kp), in each fiscal year, the department may expend funds for the following purposes:

AB50-ASA2-AA15,54,11 (1) To fund programs that enhance diversion, prevention, or early intervention to reduce the number of justice-involved youth, as well as programs that promote successful outcomes for all justice-involved youth. To determine eligibility for a payment under this subsection, the department shall require a county or other provider to submit a plan for the expenditure of the payment.

AB50-ASA2-AA15,54,13 (2) To address emergencies related to community youth and family aids under s. 48.526.

AB50-ASA2-AA15,54,14 (3) To fund activities required of the department under s. 48.526 (1).”.

AB50-ASA2-AA15,54,15 23. At the appropriate places, insert all of the following:

AB50-ASA2-AA15,54,16 “Section 9241. Fiscal changes; Supreme Court.

AB50-ASA2-AA15,54,21 (1) Support for new circuit court branches. In the schedule under s. 20.005 (3) for the appropriation to the supreme court under s. 20.680 (2) (j), the dollar amount for fiscal year 2026-27 is increased by $64,700 to support information technology and computer maintenance supplies and services for 2 additional circuit court branches in Brown County.”.

AB50-ASA2-AA15,54,22 24. At the appropriate places, insert all of the following:

AB50-ASA2-AA15,54,23 “Section 118. 49.1385 of the statutes is amended to read:

AB50-ASA2-AA15,55,3 49.1385 Grants for services for homeless and runaway youth. The department may award not more than $400,000 $2,872,800 in each fiscal year in grants to support programs that provide services for homeless and runaway youth.

AB50-ASA2-AA15,9206 Section 9206. Fiscal changes; Children and Families.

AB50-ASA2-AA15,55,12 (1) Grants for services for homeless and runaway youth. In the schedule under s. 20.005 (3) for the appropriation to the department of children and families under s. 20.437 (2) (a), the dollar amount for fiscal year 2025-26 is increased by $3,758,700 to increase funding for services for homeless and runaway youths. In the schedule under s. 20.005 (3) for the appropriation to the department of children and families under s. 20.437 (2) (a), the dollar amount for fiscal year 2026-27 is increased by $3,787,300 to increase funding for services for homeless and runaway youths.”.

AB50-ASA2-AA15,55,13 25. At the appropriate places, insert all of the following:

AB50-ASA2-AA15,55,14 “Section 9106. Nonstatutory provisions; Children and Families.

AB50-ASA2-AA15,55,15 (1) Juvenile justice reform review committee.

AB50-ASA2-AA15,55,17 (a) There is created in the department of children and families a juvenile justice reform review committee with members appointed by the governor.

AB50-ASA2-AA15,55,20 (b) The juvenile justice reform review committee shall study and, prior to September 15, 2026, provide recommendations to the department of children and families and the department of corrections on how to do all of the following:

AB50-ASA2-AA15,55,21 1. Increase the minimum age of delinquency.

AB50-ASA2-AA15,55,22 2. Eliminate original adult court jurisdiction over juveniles under s. 938.183.

AB50-ASA2-AA15,56,2 3. Modify the waiver procedure for adult court jurisdiction over juveniles and incorporate offenses currently subject to original adult court jurisdiction into the waiver procedure.

AB50-ASA2-AA15,56,5 4. Eliminate the serious juvenile offender program under s. 938.538 and create extended juvenile court jurisdiction with a blended juvenile and adult sentence structure for certain juvenile offenders.

AB50-ASA2-AA15,56,8 5. Prohibit placement of a juvenile in a juvenile detention facility for a status offense and limit sanctions and short-term holds in a juvenile detention facility to cases where there is a public safety risk.

AB50-ASA2-AA15,56,9 6. Sunset long-term post-disposition programs at juvenile detention facilities.

AB50-ASA2-AA15,56,10 7. Create a sentence adjustment procedure for youthful offenders.

AB50-ASA2-AA15,56,12 8. Conform with the U.S. Constitution the statutes that mandate imposing sentences of life imprisonment without parole or extended supervision to minors.

AB50-ASA2-AA15,56,16 (c) In submitting information under s. 16.42 (1) for purposes of the 2027-29 biennial budget bill, the department of children and families and the department of corrections shall each include a request to implement the juvenile justice reform review committee’s recommendations.

AB50-ASA2-AA15,56,18 (d) The juvenile justice reform review committee terminates on September 15, 2026.”.

AB50-ASA2-AA15,56,19 26. At the appropriate places, insert all of the following:

AB50-ASA2-AA15,56,20 “Section 119. 301.26 (4) (b) of the statutes is amended to read:

AB50-ASA2-AA15,57,11 301.26 (4) (b) Assessment of costs under par. (a) shall be made periodically on the basis of the per person per day cost estimate specified in par. (d) 2., 3., and 4. Except as provided in pars. (bm), (c), and (cm), liability shall apply to county departments under s. 46.215, 46.22, or 46.23 in the county of the court exercising jurisdiction under ch. 938 for each person receiving services from the department of corrections under s. 938.183 or 938.34 or the department of health services under s. 46.057 or 51.35 (3). Except as provided in pars. (bm), (c), and (cm), in multicounty court jurisdictions, the county of residency within the jurisdiction shall be liable for costs under this subsection. Assessment of costs under par. (a) shall also be made according to the general placement type or level of care provided, as defined by the department, and prorated according to the ratio of the amount designated under s. 48.526 (3) (c) to the total applicable estimated costs of care, services, and supplies provided by the department of corrections under ss. 938.183 and 938.34 and the department of health services under s. 46.057 or 51.35 (3).

AB50-ASA2-AA15,120 Section 120. 301.26 (4) (cm) 3. of the statutes is amended to read:

AB50-ASA2-AA15,57,16 301.26 (4) (cm) 3. The per person daily reimbursement rate for juvenile correctional services under this paragraph shall be equal to the per person daily cost assessment to counties under par. (d) 2., 3., and 4. for juvenile correctional services.

AB50-ASA2-AA15,121 Section 121. 301.26 (4) (cx) of the statutes is amended to read:

AB50-ASA2-AA15,58,2 301.26 (4) (cx) If, notwithstanding ss. 16.50 (2), 16.52, 20.002 (11), and 20.903, there is a deficit in the appropriation account under s. 20.410 (3) (hm) at the close of a fiscal biennium, the governor shall, to address that deficit, increase each of the rates specified under s. 301.26 (4) (d) 2. and 3. for care in a Type 1 juvenile correctional facility and for care for juveniles transferred from a correctional institution by $6, in addition to any increase due to actual costs, in the executive budget bill for each fiscal biennium, until the deficit under s. 20.410 (3) (hm) is eliminated.

AB50-ASA2-AA15,122 Section 122. 301.26 (4) (d) 2. of the statutes is repealed.

AB50-ASA2-AA15,123 Section 123. 301.26 (4) (d) 3. of the statutes is amended to read:

AB50-ASA2-AA15,58,9 301.26 (4) (d) 3. Beginning on July 1, 2024 2025, and ending on June 30, 2025 2027, the per person daily cost assessment to counties shall be, for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $1,268 and, for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $1,268.

AB50-ASA2-AA15,124 Section 124. 938.357 (3) (d) of the statutes is amended to read:

AB50-ASA2-AA15,58,20 938.357 (3) (d) A juvenile who is placed in a Type 1 juvenile correctional facility under par. (b) or (c) is the financial responsibility of the county department of the county where the juvenile was adjudicated delinquent. The county department shall reimburse the department of corrections at the rate specified under s. 301.26 (4) (d) 2. or 3., whichever is applicable, for the cost of a juvenile’s care while placed in a Type 1 juvenile correctional facility other than the Mendota juvenile treatment center. The county department shall reimburse the department of health services at a rate specified by that department for the cost of a juvenile’s care while placed at the Mendota juvenile treatment center and these payments shall be deposited in the appropriation account under s. 20.435 (2) (gk).”.

AB50-ASA2-AA15,58,21 27. At the appropriate places, insert all of the following:

AB50-ASA2-AA15,58,22 “Section 125. 20.410 (3) (ab) of the statutes is created to read:

AB50-ASA2-AA15,59,2 20.410 (3) (ab) Contract payments for placement of juveniles. A sum sufficient, not to exceed $20,000,000 in each fiscal year, for payments made in accordance with contracts for placement of juveniles who are under the supervision of the department of corrections under ch. 938.

AB50-ASA2-AA15,126 Section 126. 20.410 (3) (ab) of the statutes, as created by 2025 Wisconsin Act ... (this act), is repealed.

AB50-ASA2-AA15,9408 Section 9408. Effective dates; Corrections.

AB50-ASA2-AA15,59,7 (1) Contract payments for placement of juveniles. The repeal of s. 20.410 (3) (ab) takes effect on July 1, 2029.”.

AB50-ASA2-AA15,59,8 28. At the appropriate places, insert all of the following:

AB50-ASA2-AA15,59,9 “Section 127. 46.057 (2) of the statutes is amended to read:

AB50-ASA2-AA15,59,16 46.057 (2) From the appropriation account under s. 20.410 (3) (ba) or (hm), the department of corrections shall reimburse the department of health services for the cost of providing services for juveniles who are under the supervision of the department of corrections and are placed at the Mendota juvenile treatment center at a per person daily cost specified by the department of health services. The department of health services may charge the department of corrections not more than the actual cost of providing those services.”.

AB50-ASA2-AA15,59,17 29. At the appropriate places, insert all of the following:

AB50-ASA2-AA15,59,18 “Section 9208. Fiscal changes; Corrections.

AB50-ASA2-AA15,60,3 (1) Alternatives to revocation expansion. In the schedule under s. 20.005 (3) for the appropriation to the department of corrections under s. 20.410 (1) (b), the dollar amount for fiscal year 2025-26 is increased by $2,987,200 to expand by 100 beds the available options for residential community alternatives to revocation of probation, parole, and extended supervision. In the schedule under s. 20.005 (3) for the appropriation to the department of corrections under s. 20.410 (1) (b), the dollar amount for fiscal year 2026-27 is increased by $5,974,400 to fund the expansion under this subsection.”.

AB50-ASA2-AA15,60,4 30. At the appropriate places, insert all of the following:

AB50-ASA2-AA15,60,5 “Section 128. 302.11 (7) (am) of the statutes is amended to read:

AB50-ASA2-AA15,60,11 302.11 (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.

AB50-ASA2-AA15,129 Section 129. 302.113 (9) (ag) of the statutes is renumbered 302.113 (9) (ag) (intro.) and amended to read:

AB50-ASA2-AA15,60,14 302.113 (9) (ag) (intro.) In this subsection “reviewing:

AB50-ASA2-AA15,60,17 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.

AB50-ASA2-AA15,130 Section 130. 302.113 (9) (am) of the statutes is renumbered 302.113 (9) (am) 1. and amended to read:

AB50-ASA2-AA15,61,2 302.113 (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

AB50-ASA2-AA15,61,7 (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.

AB50-ASA2-AA15,61,10 (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.

AB50-ASA2-AA15,131 Section 131. 302.113 (9) (b) of the statutes is amended to read:

AB50-ASA2-AA15,61,19 302.113 (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).

AB50-ASA2-AA15,132 Section 132. 302.113 (9) (c) of the statutes is amended to read:

AB50-ASA2-AA15,62,6 302.113 (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.

AB50-ASA2-AA15,133 Section 133. 302.114 (9) (ag) of the statutes is amended to read:

AB50-ASA2-AA15,62,9 302.114 (9) (ag) In this subsection “reviewing authority” has the meaning given in s. 302.113 (9) (ag) 1.

AB50-ASA2-AA15,134 Section 134. 304.072 (4) of the statutes is amended to read:

AB50-ASA2-AA15,62,15 304.072 (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.

AB50-ASA2-AA15,135 Section 135. 973.15 (5) of the statutes is amended to read:

AB50-ASA2-AA15,62,20 973.15 (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.