2021 - 2022 LEGISLATURE
ASSEMBLY AMENDMENT 7,
TO ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO ASSEMBLY BILL 68
June 29, 2021 - Offered by Representatives Bowen,
Goyke, Anderson, Andraca,
Baldeh, Billings, Brostoff, Cabrera, Conley, Considine, Doyle, Drake,
Emerson, Haywood, Hebl, Hesselbein, Hintz, Hong, McGuire, B. Meyers,
Milroy, Moore Omokunde, L. Myers, Neubauer, Ohnstad, Ortiz-Velez,
Pope, Riemer, S. Rodriguez, Shankland, Shelton, Sinicki, Snodgrass,
Spreitzer, Stubbs, Subeck, Vining and Vruwink.
AB68-ASA2-AA7,1,64
15.257
(3) Sentencing review council. There is created in the department of
5justice a sentencing review council. The governor shall determine membership of
6and make appointments to the council.”.
AB68-ASA2-AA7,1,11
72. Page 125, line 11: increase the dollar amount for fiscal year 2021-22 by
8$1,039,200 and increase the dollar amount for fiscal year 2022-23 by $2,078,300 for
9the purpose of expanding available options for residential community alternatives
10to revocation by 50 additional beds, to include placement in a specialized treatment
11program, a residential services program, or a residential treatment center.
AB68-ASA2-AA7,2,5
13. Page 126, line 14: increase the dollar amount for fiscal year 2021-22 by
2$250,000 and increase the dollar amount for fiscal year 2022-23 by $250,000 for the
3purpose of expanding the Windows to Work program to Columbia Correctional
4Institution, Waupun Correctional Institution, and the Wisconsin Secure Program
5Facility, to include 90 additional participants per year.
AB68-ASA2-AA7,2,9
64. Page 126, line 14: increase the dollar amount for fiscal year 2021-22 by
7$2,179,400 and increase the dollar amount for fiscal year 2022-23 by $2,905,800 for
8the purpose of expanding Opening Avenues to Reentry Success programs by 167
9average daily participants in counties with existing programs.
AB68-ASA2-AA7,2,15
105. Page 126, line 14: increase the dollar amount for fiscal year 2021-22 by
11$75,000 and increase the dollar amount for fiscal year 2022-23 by $100,000 for the
12purpose of transferring the amounts in the schedule under s. 20.435 (2) (kp) to
13increase the authorized FTE positions for the department of health services by 1.0
14GPR position to staff the Opening Avenues to Reentry Success program as provided
15under
Section 9119 (1m).
AB68-ASA2-AA7,3,5
18. Page 166, line 15: increase the dollar amount for fiscal year 2021-22 by
2$221,400 and increase the dollar amount for fiscal year 2022-23 by $273,500 for the
3purpose of increasing the authorized FTE positions for the department of justice by
43.0 GPR positions to administer and evaluate the treatment alternatives and
5diversion grant program and the drug court grant program.
AB68-ASA2-AA7,3,9
69. Page 166, line 15: increase the dollar amount for fiscal year 2022-23 by
7$352,400 for the purpose of increasing the authorized FTE positions for the
8department of justice by 2.0 GPR positions to expand the treatment alternatives and
9diversion grant program.
AB68-ASA2-AA7,4,415
20.410
(1) (ds)
Becky Young Community Corrections; recidivism reduction
16community services. The amounts in the schedule to provide services under s.
1301.068 to persons who are on probation, or who are soon to be or are currently on
2parole or extended supervision, following a felony conviction, in an effort to reduce
3recidivism
, and to transfer to the appropriation account under s. 20.435 (2) (kp) the
4amounts in the schedule under s. 20.435 (2) (kp).”.
AB68-ASA2-AA7,4,167
20.410
(1) (a)
General program operations. The amounts in the schedule to
8operate institutions and provide field services and administrative services. No
9payments may be made under this paragraph for payments in accordance with other
10states party to the interstate corrections compact under s. 302.25.
Annually, there
11is transferred from this appropriation account to the appropriation account under
12par. (ki) the amount of cost savings attributable to this account reported under ss.
13301.03 (6s) (a) and 302.05 (4) (b) 4., and the amount of cost savings attributable to
14this account from reduced days of incarceration that resulted from the earned
15compliance credit under s. 973.156, as reported by the department under s. 301.03
16(6s) (b).
AB68-ASA2-AA7,5,318
20.410
(1) (ab)
Corrections contracts and agreements. The amounts in the
19schedule for payments made in accordance with contracts entered into under ss.
20301.21, 302.25, and 302.27 (1), contracts entered into with the federal government
21under
18 USC 5003, and intra-agency agreements relating to the placement of
22prisoners.
Annually, there is transferred from this appropriation account to the
23appropriation account under par. (ki) the amount of cost savings attributable to this
24account reported under ss. 301.03 (6s) (a) and 302.05 (4) (b) 4., and the amount of cost
1savings attributable to this account from reduced days of incarceration that resulted
2from the earned compliance credit under s. 973.156, as reported by the department
3under s. 301.03 (6s) (b).
AB68-ASA2-AA7,5,165
20.410
(1) (b)
Services for community corrections. The amounts in the schedule
6to provide services related to probation, extended supervision and parole, the
7intensive sanctions program under s. 301.048, the community residential
8confinement program under s. 301.046, programs of intensive supervision of adult
9offenders and minimum security correctional institutions established under s.
10301.13. No payments may be made under this paragraph for payments in accordance
11with other states party to the interstate corrections compact under s. 302.25.
12Annually, there is transferred from this appropriation account to the appropriation
13account under par. (ki) the amount of cost savings from reduced days of community
14supervision that resulted from the earned compliance credit under s. 973.156 and
15early discharge from extended supervision under s. 973.01 (5m), as reported by the
16department under s. 301.03 (6s) (b).
AB68-ASA2-AA7,5,2418
20.410
(1) (ki)
Training programs for inmates, recidivism reduction services,
19and community supervision. All moneys transferred from the appropriation
20accounts under pars. (a), (ab), and (b) to provide vocational readiness training
21programs that qualify for the earned release program under s. 302.05, to provide
22services to persons who are on probation, or who are soon to be or are currently on
23parole or extended supervision, following a felony conviction, in an effort to reduce
24recidivism, and to reduce caseloads for community supervision officers.”.
AB68-ASA2-AA7,6,2
2“
Section 64m. 20.435 (2) (kp) of the statutes is created to read:
AB68-ASA2-AA7,6,6
3“20.435
(2) (kp)
Opening Avenues to Reentry Success program. The amounts
4in the schedule to staff the Opening Avenues to Reentry Success program. All
5moneys transferred from the appropriation account under s. 20.410 (1) (ds) shall be
6credited to this appropriation account.”.
AB68-ASA2-AA7,6,8
8“
Section 70m. 20.455 (2) (em) (title) of the statutes is amended to read:
AB68-ASA2-AA7,6,109
20.455
(2) (em) (title)
Alternatives Grants for alternatives to prosecution and
10incarceration for persons who use alcohol or other drugs; presentencing assessments.
AB68-ASA2-AA7,6,1412
20.455
(2) (ep)
Violence interruption grant program; ongoing funding. The
13amounts in the schedule for the violence interruption grant program under s.
14165.988.
AB68-ASA2-AA7,6,1816
20.455
(2) (f)
School safety. As a continuing appropriation, the amounts in the
17schedule to provide grants under s. 165.88 (2)
and to make the transfer required
18under 2021 Wisconsin Act .... (this act), section 9227 (1r).”.
AB68-ASA2-AA7,6,20
20“
Section 71m. 20.455 (2) (kn) (title) of the statutes is amended to read:
AB68-ASA2-AA7,6,2221
20.455
(2) (kn) (title)
Alternatives to prosecution and incarceration for persons
22who use alcohol or other drugs; justice information fee.
AB68-ASA2-AA7,7,3
120.455
(2) (ks)
Violence interruption grant program; initial funding. All
2moneys transferred under 2021 Wisconsin Act .... (this act), section 9227 (1r), for the
3violence interruption grant program under s. 165.988.”.
AB68-ASA2-AA7,7,96
48.02
(1d) “Adult" means a person who is 18 years of age or older
, except that
7for purposes of investigating or prosecuting a person who is alleged to have violated
8any state or federal criminal law or any civil law or municipal ordinance, “
adult"
9means a person who has attained 17 years of age.
AB68-ASA2-AA7,7,1511
48.02
(2) “Child," when used without further qualification, means a person who
12is less than 18 years of age
, except that for purposes of investigating or prosecuting
13a person who is alleged to have violated a state or federal criminal law or any civil
14law or municipal ordinance, “child" does not include a person who has attained 17
15years of age.”.
AB68-ASA2-AA7,7,18
17“
Section 194c. Subchapter IX (title) of chapter 48 [precedes 48.44] of the
18statutes is amended to read:
AB68-ASA2-AA7,7,2220
SUBCHAPTER IX
21
JURISDICTION OVER
PERSON 17
22
OR OLDER adults
AB68-ASA2-AA7,8,4
148.44 Jurisdiction over persons 17 or older adults. The court has
2jurisdiction over
persons 17 years of age or older
adults as provided under ss. 48.133,
348.355 (4), 48.357 (6), 48.365 (5), and 48.45 and as otherwise specifically provided in
4this chapter.
AB68-ASA2-AA7,8,136
48.45
(1) (a) If in the hearing of a case of a child alleged to be in a condition
7described in s. 48.13 it appears that any
person 17 years of age or older adult has been
8guilty of contributing to, encouraging, or tending to cause by any act or omission
,
9such that condition of the child, the judge may make orders with respect to the
10conduct of
such that person in his or her relationship to the child, including orders
11determining the ability of the person to provide for the maintenance or care of the
12child and directing when, how
, and
from where funds for the maintenance or care
13shall be paid.
AB68-ASA2-AA7,8,2115
48.45
(1) (am) If in the hearing of a case of an unborn child and the unborn
16child's expectant mother alleged to be in a condition described in s. 48.133 it appears
17that any
person 17 years of age or over adult has been guilty of contributing to,
18encouraging, or tending to cause by any act or omission
, such that condition of the
19unborn child and expectant mother, the judge may make orders with respect to the
20conduct of
such that person in his or her relationship to the unborn child and
21expectant mother.
AB68-ASA2-AA7,9,223
48.45
(3) If it appears at a court hearing that any
person 17 years of age or older 24adult has violated s. 948.40, the judge shall refer the record to the district attorney
25for criminal proceedings as may be warranted in the district attorney's judgment.
1This subsection does not prevent prosecution of violations of s. 948.40 without the
2prior reference by the judge to the district attorney, as in other criminal cases.”.
AB68-ASA2-AA7,9,65
118.163
(4) A person who is
under 17 years of age a minor on the date of
6disposition is subject to s. 938.342.”.
AB68-ASA2-AA7,9,8
8“
Section 361a. 125.07 (4) (d) of the statutes is amended to read:
AB68-ASA2-AA7,9,129
125.07
(4) (d) A person who is
under 17 years of age a minor on the date of
10disposition is subject to s. 938.344 unless proceedings have been instituted against
11the person in a court of civil or criminal jurisdiction after dismissal of the citation
12under s. 938.344 (3).
AB68-ASA2-AA7,9,1514
125.07
(4) (e) 1. In this paragraph, “defendant" means a person found guilty
15of violating par. (a) or (b) who is
17, 18, 19 or 20
an adult under 21 years of age.
AB68-ASA2-AA7,9,2017
125.085
(3) (bt) A person who is
under 17 years of age a minor on the date of
18disposition is subject to s. 938.344 unless proceedings have been instituted against
19the person in a court of civil or criminal jurisdiction after dismissal of the citation
20under s. 938.344 (3).”.
AB68-ASA2-AA7,9,24
23165.27 Sentencing review council. The sentencing review council shall do
24all of the following:
AB68-ASA2-AA7,10,2
1(1) Study criminal penalties and make recommendations for reforming the
2criminal code.
AB68-ASA2-AA7,10,4
3(2) Study whether sentences for similar offenses and circumstances are
4consistent and make recommendations to ensure that sentences are equitable.
AB68-ASA2-AA7,10,6
5(3) Study and make recommendations regarding the state's bifurcated
6sentencing structure.
AB68-ASA2-AA7,10,8
7(4) Review and make recommendations regarding sentences for violations
8committed by individuals age 18 to 25.”.
AB68-ASA2-AA7,10,1211
165.83
(1) (c) 1. An act that is committed by
a person who has attained the age
12of 17 an adult and that is a felony or a misdemeanor.
AB68-ASA2-AA7,10,1614
165.83
(1) (c) 2. An act that is committed by a
person minor who has attained
15the age of 10
but who has not attained the age of 17 and that would be a felony or
16misdemeanor if committed by an adult.”.
