Amendment AA15-ASA2-AB50

AB50-ASA2-AA15,116,13 165.935 Crime victim services grants. (1) The department of justice shall award grants to eligible organizations from the appropriations under s. 20.455 (5) (gL) and (km) to provide services for crime victims. The department of justice shall award grants under this section in a manner consistent with 34 USC 20103.

AB50-ASA2-AA15,116,16 (2) An organization is eligible for a grant under this section if the department of justice determines that the organization meets the criteria under 34 USC 20103 (b).

AB50-ASA2-AA15,116,18 (3) The grant awards under this section may supplement federal funds under 34 USC 20103 but may not replace the funds.

AB50-ASA2-AA15,240 Section 240. 814.75 (5g) of the statutes is created to read:

AB50-ASA2-AA15,116,20 814.75 (5g) The crime victim services surcharge under s. 973.0452.

AB50-ASA2-AA15,241 Section 241. 814.76 (4p) of the statutes is created to read:

AB50-ASA2-AA15,116,22 814.76 (4p) The crime victim services surcharge under s. 973.0452.

AB50-ASA2-AA15,242 Section 242. 814.77 (3p) of the statutes is created to read:

AB50-ASA2-AA15,116,24 814.77 (3p) The crime victim services surcharge under s. 973.0452.

AB50-ASA2-AA15,243 Section 243. 814.78 (4p) of the statutes is created to read:

AB50-ASA2-AA15,117,2 814.78 (4p) The crime victim services surcharge under s. 973.0452.

AB50-ASA2-AA15,244 Section 244. 814.79 (3p) of the statutes is created to read:

AB50-ASA2-AA15,117,4 814.79 (3p) The crime victim services surcharge under s. 973.0452.

AB50-ASA2-AA15,245 Section 245. 814.80 (4p) of the statutes is created to read:

AB50-ASA2-AA15,117,6 814.80 (4p) The crime victim services surcharge under s. 973.0452.

AB50-ASA2-AA15,246 Section 246. 814.81 (4) of the statutes is created to read:

AB50-ASA2-AA15,117,8 814.81 (4) The crime victim services surcharge under s. 973.0452.

AB50-ASA2-AA15,247 Section 247. 973.0452 of the statutes is created to read:

AB50-ASA2-AA15,117,15 973.0452 Crime victim services surcharge. (1) If a court imposes a sentence, places a person on probation, or imposes a forfeiture for a violation of a law or an ordinance, the court shall impose a crime victim services surcharge. A surcharge imposed under this subsection may not be waived, reduced, or forgiven for any reason. The amount of the surcharge is the combined amount of the following:

AB50-ASA2-AA15,117,17 (a) Forty percent of the fine or forfeiture imposed or $40, whichever is greater, for each offense.

AB50-ASA2-AA15,117,18 (b) For each misdemeanor or felony count for which a conviction occurred, $50.

AB50-ASA2-AA15,117,20 (2) (a) In this subsection, “civil offense” means an offense punishable by a forfeiture.

AB50-ASA2-AA15,117,24 (b) If the court finds a person committed a civil offense on or after the effective date of this paragraph .... [LRB inserts date], in addition to any forfeiture the court imposes, the court shall impose a crime victim services surcharge that is equal to the amounts under sub. (1) (a) and (b) if all of the following apply:

AB50-ASA2-AA15,118,2 1. The person is charged with one or more misdemeanors or felonies in a complaint.

AB50-ASA2-AA15,118,4 2. As a result of the complaint being amended, the person is charged with a civil offense in lieu of one of those misdemeanors or felonies.

AB50-ASA2-AA15,118,7 (3) Notwithstanding sub. (1), the court may not impose the surcharge under sub. (1) for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations.

AB50-ASA2-AA15,118,12 (4) (a) If a court of record imposes the surcharge under sub. (1), the clerk of the court shall determine the amount that is due and collect and transmit the amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall make payment to the secretary of administration as provided in s. 59.25 (3) (f) 2.

AB50-ASA2-AA15,118,16 (b) If a municipal court imposes the surcharge under sub. (1), the court shall determine the amount due and collect and transmit the amount to the treasurer of the county, city, town, or village, and the treasurer shall make payment to the secretary of administration as provided in s. 66.0114 (1) (bm).

AB50-ASA2-AA15,118,20 (5) If an inmate in a state prison or a person sentenced to a state prison has not paid the surcharge under sub. (1), the department shall assess and collect the amount owed from the inmate’s wages or other moneys. Any amount collected under this subsection shall be transmitted to the secretary of administration.

AB50-ASA2-AA15,9351 Section 9351. Initial applicability; Other.

AB50-ASA2-AA15,118,24 (1) Crime victim services surcharge. The treatment of s. 973.0452 (1) first applies to sentences, periods of probation, or civil forfeitures imposed on the effective date of this subsection.”.

AB50-ASA2-AA15,119,1 67. At the appropriate places, insert all of the following:

AB50-ASA2-AA15,119,3 “Section 248. 20.455 (2) (gr) of the statutes, as affected by 2023 Wisconsin Act 240, is repealed and recreated to read:

AB50-ASA2-AA15,119,7 20.455 (2) (gr) Handgun purchaser record check; checks for licenses or certifications to carry concealed weapons. All moneys received as fee payments under ss. 175.35 (2i), 175.49 (5m), and 175.60 (7) (c) and (d), (13), and (15) (b) 4. a. and b. to provide services under ss. 165.28, 175.35, 175.49, and 175.60.

AB50-ASA2-AA15,9227 Section 9227. Fiscal changes; Justice.

AB50-ASA2-AA15,119,16 (1) School safety operations. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (gr), the dollar amount for fiscal year 2025-26 is increased by $688,300 to increase the authorized FTE administrative staff positions for the department of justice by 12.0 PR positions for the 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) (gr), the dollar amount for fiscal year 2026-27 is increased by $882,600 to provide funding for the positions authorized under this subsection.

AB50-ASA2-AA15,9427 Section 9427. Effective dates; Justice.

AB50-ASA2-AA15,119,20 (1) Repeal of sunset for positions in office of school safety. The repeal and recreation of s. 20.455 (2) (gr) takes effect on October 1, 2025, or on the day after publication, whichever is later.”.

AB50-ASA2-AA15,119,21 68. At the appropriate places, insert all of the following:

AB50-ASA2-AA15,119,22 “Section 9208. Fiscal changes; Corrections.

AB50-ASA2-AA15,120,6 (1) Case transcription services. In the schedule under s. 20.005 (3) for the appropriation to the department of corrections under s. 20.410 (1) (a), the dollar amount for fiscal year 2025-26 is increased by $277,600 to pay costs associated with investigatory transcribing services. In the schedule under s. 20.005 (3) for the appropriation to the department of corrections under s. 20.410 (1) (a), the dollar amount for fiscal year 2026-27 is increased by $277,600 to pay costs associated with investigatory transcribing services.”.

AB50-ASA2-AA15,120,7 69. At the appropriate places, insert all of the following:

AB50-ASA2-AA15,120,8 “Section 9227. Fiscal changes; Justice.

AB50-ASA2-AA15,120,18 (1) Cybersecurity and compliance enhancements. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (3) (a), the dollar amount for fiscal year 2025-26 is increased by $6,000,000 to pay for supplies and services costs to meet federal requirements for criminal justice data and information systems security published by the U.S. department of justice in July 2024. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (3) (a), the dollar amount for fiscal year 2026- 27 is increased by $1,500,000 to pay for supplies and services costs to meet federal requirements for criminal justice data and information systems security published by the U.S. department of justice in July 2024.”.

AB50-ASA2-AA15,120,19 70. At the appropriate places, insert all of the following:

AB50-ASA2-AA15,120,20 “Section 9227. Fiscal changes; Justice.

AB50-ASA2-AA15,121,5 (1) Division of criminal investigation staffing. 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 2025-26 is increased by $352,000 to increase the authorized FTE positions for the department by 4.0 GPR special agent positions and 1.0 GPR senior criminal analyst position. 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 2026-27 is increased by $452,600 to provide funding for the positions authorized under this subsection.”.

AB50-ASA2-AA15,121,6 71. At the appropriate places, insert all of the following:

AB50-ASA2-AA15,121,7 “Section 9208. Fiscal changes; Corrections.

AB50-ASA2-AA15,121,17 (1) Full funding of Wisconsin secure program facility health services unit. In the schedule under s. 20.005 (3) for the appropriation to the department of corrections under s. 20.410 (1) (a), the dollar amount for fiscal year 2025-26 is increased by $133,300 to fully fund non-salary costs associated with the Wisconsin secure program facility's health services unit as authorized in 2023 Wisconsin Act 19. In the schedule under s. 20.005 (3) for the appropriation to the department of corrections under s. 20.410 (1) (a), the dollar amount for fiscal year 2026-27 is increased by $133,300 to fully fund non-salary costs associated with the Wisconsin secure program facility's health services unit as authorized in 2023 Wisconsin Act 19.”.

AB50-ASA2-AA15,121,18 72. At the appropriate places, insert all of the following:

AB50-ASA2-AA15,121,19 “Section 9208. Fiscal changes; Corrections.

AB50-ASA2-AA15,122,3 (1) Juvenile population and inflationary costs. In the schedule under s. 20.005 (3) for the appropriation to the department of corrections under s. 20.410 (3) (hm), the dollar amount for fiscal year 2025-26 is increased by $22,800 for modifications to population-related funding for juvenile corrections. In the schedule under s. 20.005 (3) for the appropriation to the department of corrections under s. 20.410 (1) (a), the dollar amount for fiscal year 2026-27 is decreased by $462,800 for modifications to population-related funding for juvenile corrections.”.

AB50-ASA2-AA15,122,4 73. At the appropriate places, insert all of the following:

AB50-ASA2-AA15,122,5 “Section 9208. Fiscal changes; Corrections.

AB50-ASA2-AA15,122,11 (1) Standard budget adjustments; turnover reduction; GPR. In the schedule under s. 20.005 (3) for the appropriation to the department of corrections under s. 20.410 (1) (a), the dollar amount for fiscal year 2025-26 is decreased by $14,833,500 as a turnover reduction. In the schedule under s. 20.005 (3) for the appropriation to the department of corrections under s. 20.410 (1) (a), the dollar amount for fiscal year 2026-27 is decreased by $14,833,500 as a turnover reduction.

AB50-ASA2-AA15,122,17 (2) Standard budget adjustments; turnover reduction; PR. In the schedule under s. 20.005 (3) for the appropriation to the department of corrections under s. 20.410 (1) (gi), the dollar amount for fiscal year 2025-26 is decreased by $583,100 as a turnover reduction. In the schedule under s. 20.005 (3) for the appropriation to the department of corrections under s. 20.410 (1) (gi), the dollar amount for fiscal year 2026-27 is decreased by $583,100 as a turnover reduction.

AB50-ASA2-AA15,123,2 (3) Standard budget adjustments; full funding of salaries and fringe benefits; GPR. In the schedule under s. 20.005 (3) for the appropriation to the department of corrections under s. 20.410 (1) (a), the dollar amount for fiscal year 2025-26 is decreased by $4,949,700 for a reduction in costs of funding salaries and fringe benefits for department employees. In the schedule under s. 20.005 (3) for the appropriation to the department of corrections under s. 20.410 (1) (a), the dollar amount for fiscal year 2025-26 is decreased by $4,949,700 for a reduction in costs of funding salaries and fringe benefits for department employees.

AB50-ASA2-AA15,123,10 (4) Standard budget adjustments; full funding of salaries and fringe benefits; FED. In the schedule under s. 20.005 (3) for the appropriation to the department of corrections under s. 20.410 (1) (n), the dollar amount for fiscal year 2025-26 is increased by $228,400 to fully fund salaries and fringe benefits for department employees. In the schedule under s. 20.005 (3) for the appropriation to the department of corrections under s. 20.410 (1) (n), the dollar amount for fiscal year 2025-26 is increased by $228,400 to fully fund salaries and fringe benefits for department employees.

AB50-ASA2-AA15,123,18 (5) Standard budget adjustments; full funding of salaries and fringe benefits; PR. In the schedule under s. 20.005 (3) for the appropriation to the department of corrections under s. 20.410 (1) (gi), the dollar amount for fiscal year 2025-26 is increased by $1,707,800 to fully fund salaries and fringe benefits for department employees. In the schedule under s. 20.005 (3) for the appropriation to the department of corrections under s. 20.410 (1) (gi), the dollar amount for fiscal year 2025-26 is increased by $1,707,800 to fully fund salaries and fringe benefits for department employees.

AB50-ASA2-AA15,124,2 (6) Standard budget adjustments; overtime pay; GPR. In the schedule under s. 20.005 (3) for the appropriation to the department of corrections under s. 20.410 (1) (a), the dollar amount for fiscal year 2025-26 is increased by $94,976,000 to provide funding for overtime pay for department employees. In the schedule under s. 20.005 (3) for the appropriation to the department of corrections under s. 20.410 (1) (a), the dollar amount for fiscal year 2025-26 is increased by $94,976,000 to provide funding for overtime pay for department employees.

AB50-ASA2-AA15,124,9 (7) Standard budget adjustments; overtime pay; PR. In the schedule under s. 20.005 (3) for the appropriation to the department of corrections under s. 20.410 (1) (gi), the dollar amount for fiscal year 2025-26 is increased by $2,717,500 to provide funding for overtime pay for department employees. In the schedule under s. 20.005 (3) for the appropriation to the department of corrections under s. 20.410 (1) (gi), the dollar amount for fiscal year 2025-26 is increased by $2,717,500 to provide funding for overtime pay for department employees.

AB50-ASA2-AA15,124,17 (8) Standard budget adjustments; night and weekend differential; GPR. In the schedule under s. 20.005 (3) for the appropriation to the department of corrections under s. 20.410 (1) (a), the dollar amount for fiscal year 2025-26 is increased by $12,503,700 provide funding for night and weekend differential pay for department employees. In the schedule under s. 20.005 (3) for the appropriation to the department of corrections under s. 20.410 (1) (a), the dollar amount for fiscal year 2025-26 is increased by $12,503,700 provide funding for night and weekend differential pay for department employees.

AB50-ASA2-AA15,125,2 (9) Standard budget adjustments; night and weekend differential; PR. In the schedule under s. 20.005 (3) for the appropriation to the department of corrections under s. 20.410 (1) (gi), the dollar amount for fiscal year 2025-26 is increased by $773,800 provide funding for night and weekend differential pay for department employees. In the schedule under s. 20.005 (3) for the appropriation to the department of corrections under s. 20.410 (1) (gi), the dollar amount for fiscal year 2025-26 is increased by $773,800 provide funding for night and weekend differential pay for department employees.”.

AB50-ASA2-AA15,125,3 74. At the appropriate places, insert all of the following:

AB50-ASA2-AA15,125,4 “Section 249. 49.45 (62) of the statutes is created to read:

AB50-ASA2-AA15,125,11 49.45 (62) Prerelease coverage of incarcerated individuals. (a) The department may submit to the secretary of the federal department of health and human services a request for a waiver of federal Medicaid law to conduct a demonstration project to provide incarcerated individuals prerelease health care coverage for certain services under the Medical Assistance program for up to 90 days preceding the incarcerated individual’s release if the individual is otherwise eligible for coverage under the Medical Assistance program.

AB50-ASA2-AA15,125,16 (b) If a waiver submitted by the department under par. (a) is approved by the federal department of health and human services, the department may provide reimbursement under the Medical Assistance program for both the federal and nonfederal share of services, including case management services, provided to incarcerated individuals under the approved waiver.”.

AB50-ASA2-AA15,125,17 75. At the appropriate places, insert all of the following:

AB50-ASA2-AA15,125,18 “Section 250. 48.49 of the statutes is created to read:

AB50-ASA2-AA15,125,23 48.49 Benefits eligibility screening. (1) The department and each county department shall periodically screen each child under the placement and care of the department or county department under this chapter or ch. 938, other than children placed with kinship care providers receiving payments under s. 48.57 (3m) or (3n), to determine whether the child is eligible for federal or state benefits.

AB50-ASA2-AA15,126,3 (2) If a child in out-of-home care is found to be eligible for federal or state benefits under sub. (1), the department or county department shall do all the following:

AB50-ASA2-AA15,126,6 (a) Apply for the benefits on behalf of the child following the procedures established by the department by rule, unless doing so would be contrary to the best interest of the child.

AB50-ASA2-AA15,126,10 (b) Ensure that the child, the child’s attorney or guardian ad litem, and the child’s parent, guardian, or Indian custodian receive proper and timely notice of any application for benefits, the results of an application for benefits, and any appeal of a denial of benefits that could be or is filed on behalf of the child.

AB50-ASA2-AA15,126,12 (c) Provide the child with training covering financial literacy and maintaining benefit eligibility prior to the child aging out of out-of-home care.

AB50-ASA2-AA15,126,15 (3) If the department or county department is appointed as representative payee for a child in out-of-home care who receives benefits under sub. (2), the department or county department shall do all the following:

AB50-ASA2-AA15,126,17 (a) Consistent with the best interests of the child, conserve the child’s benefits in protected accounts that avoid asset limitations for federal and state programs.

AB50-ASA2-AA15,126,21 (b) Provide a periodic accounting to the child, the child’s attorney or guardian ad litem, and the child’s parent, guardian, or Indian custodian regarding the conservation and use of the child’s benefits while the child is in the department or county department’s care.

AB50-ASA2-AA15,126,24 (c) Work with the child and the appropriate federal agency to return remaining funds to the child or another fiduciary once the child exits out-of-home care.

AB50-ASA2-AA15,127,2 (4) The department may take any necessary steps to facilitate statewide compliance with this section.

AB50-ASA2-AA15,127,6 (5) The department or a county department may contract with a public or private agency to fulfill the requirements of this section. The department may contract with a public or private agency to fulfill the requirements of this section on behalf of a county department.

AB50-ASA2-AA15,127,12 (6) State or federal benefits received by the department or a county department on behalf of a child may not be used by the department or a county department to pay for the costs of caring for the child in out-of-home care. The department or a county department may use the child’s federal benefits for the child’s unmet needs beyond what the agency is obligated to, is required to, or has agreed to provide as permitted by rules promulgated under sub. (7).

AB50-ASA2-AA15,127,13 (7) The department shall promulgate rules to implement this section.

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

AB50-ASA2-AA15,127,23 (1) Benefits eligibility screening; emergency rule-making authority. The department of children and families may use the procedure under s. 227.24 to promulgate rules under s. 48.49 for the period before the effective date of any permanent rules promulgated under s. 48.49, notwithstanding s. 227.24 (1) (c). Notwithstanding s. 227.24 (1) (a) and (3), the department of children and families is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

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

AB50-ASA2-AA15,128,6 (1) Federal benefits for children in out-of-home care. In the schedule under s. 20.005 (3) for the appropriation to the department of children and families under s. 20.437 (1) (a), the dollar amount for fiscal year 2026-27 is increased by $3,000,000 to contract for ongoing statewide management of applications for federal benefits and trust accounts for children in out-of-home care who receive federal benefits.

AB50-ASA2-AA15,9406 Section 9406. Effective dates; Children and Families.

AB50-ASA2-AA15,128,9 (1) Benefits eligibility screening. The treatment of s. 48.49 takes effect on July 1, 2027.”.