Amendment AA10-SB70

SB70-AA10,359 Section 359. 302.05 (2) of the statutes is amended to read:

SB70-AA10,202,21 302.05 (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.

SB70-AA10,360 Section 360. 302.05 (3) (a) 2. of the statutes is amended to read:

SB70-AA10,203,3 302.05 (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.

SB70-AA10,361 Section 361. 302.05 (3) (b) of the statutes is amended to read:

SB70-AA10,203,13 302.05 (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.

SB70-AA10,362 Section 362. 302.05 (3) (c) 1. of the statutes is amended to read:

SB70-AA10,203,20 302.05 (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.

SB70-AA10,363 Section 363. 302.05 (3) (c) 2. (intro.) of the statutes is amended to read:

SB70-AA10,204,2 302.05 (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:

SB70-AA10,364 Section 364. 302.05 (3) (d) of the statutes is amended to read:

SB70-AA10,204,6 302.05 (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.

SB70-AA10,365 Section 365. 302.05 (3) (e) of the statutes is repealed.

SB70-AA10,366 Section 366. 302.11 (7) (am) of the statutes is amended to read:

SB70-AA10,204,14 302.11 (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.

SB70-AA10,367 Section 367. 302.113 (9) (ag) of the statutes is renumbered 302.113 (9) (ag) (intro.) and amended to read:

SB70-AA10,204,17 302.113 (9) (ag) (intro.) In this subsection “ reviewing:

SB70-AA10,204,20 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.

SB70-AA10,368 Section 368. 302.113 (9) (am) of the statutes is renumbered 302.113 (9) (am) 1. and amended to read:

SB70-AA10,205,3 302.113 (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

SB70-AA10,205,8 (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.

SB70-AA10,205,11 (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.

SB70-AA10,369 Section 369. 302.113 (9) (b) of the statutes is amended to read:

SB70-AA10,205,20 302.113 (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).

SB70-AA10,370 Section 370. 302.113 (9) (c) of the statutes is amended to read:

SB70-AA10,206,5 302.113 (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.

SB70-AA10,371 Section 371. 302.114 (9) (ag) of the statutes is amended to read:

SB70-AA10,206,8 302.114 (9) (ag) In this subsection “reviewing authority" has the meaning given in s. 302.113 (9) (ag) 1.

SB70-AA10,372 Section 372. 304.072 (4) of the statutes is amended to read:

SB70-AA10,206,14 304.072 (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.

SB70-AA10,373 Section 373. 973.15 (5) of the statutes is amended to read:

SB70-AA10,206,19 973.15 (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.

SB70-AA10,374 Section 374. 973.156 of the statutes is created to read:

SB70-AA10,206,23 973.156 Earned compliance credit. (1) In this section, “qualifying offense” means a crime other than a violation of ch. 940 or s. 948.02, 948.025, 948.03, 948.05, 948.051, 948.055, 948.06, 948.07, 948.075, 948.08, 948.085, or 948.095.

SB70-AA10,207,3 (2) Upon the revocation of extended supervision under s. 302.113 (9) or parole under s. 302.11 (7), a person shall be given earned compliance credit toward the service of his or her sentence for a qualifying offense for each day that the person spent on extended supervision or parole without violating a condition or rule of extended supervision or parole prior to the violation that resulted in the revocation.

SB70-AA10,207,5 (3) Subsection (2) does not apply to a person who is required to register under s. 301.45.

SB70-AA10,207,8 (4) If a person is serving more than one sentence, earned compliance credit under sub. (2) is earned only for the time spent on extended supervision or parole for qualifying offenses.

SB70-AA10,207,11 (5) The amount of the earned compliance credit under sub. (2) shall be calculated and applied by the appropriate reviewing authority under s. 302.11 (7) (am) or 302.113 (9) (am) 1.

SB70-AA10,9108 Section 9108. Nonstatutory provisions; Corrections.

SB70-AA10,207,17 (1) Earned release program rules. The department of corrections shall update its administrative rules to implement earned release for completion of a vocational readiness training program under s. 302.05 (3), including specification of the eligibility criteria for persons sentenced before the effective date of this subsection to participate in the program.

SB70-AA10,208,4 (2) Earned compliance credit. A person who is serving a sentence for a violation other than a crime specified in ch. 940 or s. 948.02, 948.025, 948.03, 948.05, 948.051, 948.055, 948.06, 948.07, 948.075, 948.08, 948.085, or 948.095 and who is in custody upon revocation of extended supervision or parole on the effective date of this subsection may petition the department of corrections to be given credit under s. 973.156. Upon proper verification of the facts alleged in the petition, credit under s. 973.156 shall be applied retroactively to the person. If the department of corrections is unable to determine whether credit under s. 973.156 should be given, or otherwise refuses to award retroactive credit, the person may petition the sentencing court for relief. This subsection applies regardless of the date the person was sentenced. A person who is required to register under s. 301.45 is not eligible to receive credit under this subsection.”.

SB70-AA10,208,5 276. Page 374, line 11: after that line insert:

SB70-AA10,208,6 “ Section 375. 20.866 (2) (uv) of the statutes is amended to read:

SB70-AA10,208,13 20.866 (2) (uv) Transportation, harbor improvements. From the capital improvement fund, a sum sufficient for the department of transportation to provide grants for harbor improvements. The state may contract public debt in an amount not to exceed $120,000,000 $183,300,000 for this purpose. The state may contract additional public debt in an amount up to $32,000,000 for this purpose. The state may contract additional public debt in an amount up to $15,300,000 for this purpose.”.

SB70-AA10,208,14 277. Page 374, line 11: after that line insert:

SB70-AA10,208,15 “ Section 376. 20.395 (4) (fq) of the statutes is created to read:

SB70-AA10,208,18 20.395 (4) (fq) Electric vehicle infrastructure, state funds. As a continuing appropriation, the amounts in the schedule for the electric vehicle infrastructure program under s. 85.53.

SB70-AA10,377 Section 377. 20.395 (4) (fv) of the statutes is created to read:

SB70-AA10,208,22 20.395 (4) (fv) Electric vehicle infrastructure, local funds. All moneys received from any local unit of government or other source for the electric vehicle infrastructure program under s. 85.53, for such purposes.

SB70-AA10,378 Section 378. 20.395 (4) (fx) of the statutes is created to read:

SB70-AA10,209,3 20.395 (4) (fx) Electric vehicle infrastructure, federal funds. All moneys received from the federal government for the electric vehicle infrastructure program under s. 85.53, for such purposes.

SB70-AA10,379 Section 379. 85.53 of the statutes is created to read:

SB70-AA10,209,11 85.53 Electric vehicle infrastructure program. The department may establish and administer an electric vehicle infrastructure program. Under the program, the department may provide funding for electric vehicle infrastructure projects eligible for funding under state or federal law, including under the National Electric Vehicle Formula Program as provided in Division J, Title VIII, of P.L. 117-58. All funding under this section shall be from the appropriations under s. 20.395 (4) (fq), (fv), and (fx).

SB70-AA10,380 Section 380. 196.01 (5) (b) 8. of the statutes is created to read:

SB70-AA10,209,15 196.01 (5) (b) 8. A person who supplies electricity through the person's electric vehicle charging station to users' electric vehicles, if the person does not otherwise directly or indirectly provide electricity to the public.”.

SB70-AA10,209,16 278. Page 374, line 11: after that line insert:

SB70-AA10,209,17 “ Section 381. 15.253 (4) of the statutes is created to read:

SB70-AA10,209,20 15.253 (4) Office of missing and murdered indigenous women. There is created an office of missing and murdered indigenous women. The director of the office shall be appointed by the attorney general.

SB70-AA10,382 Section 382 . 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-AA10,383 Section 383. 20.455 (5) (c) of the statutes is created to read:

SB70-AA10,210,4 20.455 (5) (c) Office of missing and murdered indigenous women. The amounts in the schedule for the administration of the office of missing and murdered indigenous women and to provide grants under s. 165.97 (3).

SB70-AA10,384 Section 384. 20.923 (4) (c) 7. of the statutes is created to read:

SB70-AA10,210,7 20.923 (4) (c) 7. Justice, department of: director of the office of missing and murdered indigenous women.

SB70-AA10,385 Section 385. 165.97 of the statutes is created to read:

SB70-AA10,210,10 165.97 Office of missing and murdered indigenous women. (1) Definitions. In this section:

SB70-AA10,210,11 (d) “Office” means the office of missing and murdered indigenous women.

SB70-AA10,210,13 (m) “Tribe” means a federally recognized American Indian tribe or band in this state.

SB70-AA10,210,14 (2) Duties. The office shall do all of the following:

SB70-AA10,210,15 (a) Provide services to crime victims and witnesses who are members of a tribe.

SB70-AA10,210,17 (b) Provide trauma-informed health and wellness support for crime victims, their families, and other persons who are members of a tribe.

SB70-AA10,211,2 (c) Offer or contract with another entity to offer training relating to missing and murdered indigenous women. Training under this paragraph may include training topics such as search and rescue tactics, enhanced response and coordination tactics across federal, state, and tribal jurisdictions, and other topics relating to missing and murdered indigenous women.

SB70-AA10,211,5 (3) Grant program. The office shall establish a program to provide grants from the appropriation under s. 20.455 (5) (c) to tribes and organizations affiliated with tribes relating to missing and murdered indigenous women.

SB70-AA10,386 Section 386. 230.08 (2) (wd) of the statutes is created to read:

SB70-AA10,211,8 230.08 (2) (wd) The director of the office of missing and murdered indigenous women in the department of justice.

SB70-AA10,9127 Section 9127. Nonstatutory provisions; Justice.

SB70-AA10,211,14 (1) Office of missing and murdered indigenous women. The authorized FTE positions to the department of justice are increased by 3.0 GPR positions staff the office of missing and murdered indigenous women. One of the positions authorized under this subsection shall be the director of the office of missing and murdered indigenous women under s. 20.923 (4) (c) 7.”.

SB70-AA10,211,15 279. Page 374, line 11: after that line insert:

SB70-AA10,211,16 “ Section 387. 20.395 (2) (gt) of the statutes is created to read:

SB70-AA10,211,19 20.395 (2) (gt) Interconnected traffic signal and railroad signal systems, state funds. As a continuing appropriation, the amounts in the schedule for the planning and installation of interconnected traffic signal and railroad signal systems.

SB70-AA10,388 Section 388. 20.395 (2) (gw) of the statutes is created to read:

SB70-AA10,211,24 20.395 (2) (gw) Interconnected traffic signal and railroad signal systems, local funds. All moneys received from any local unit of government for the planning and installation of interconnected traffic signal and railroad signal systems, for such purposes.”.

SB70-AA10,212,1 280. Page 374, line 11: after that line insert:

SB70-AA10,212,2 “ Section 389. 165.73 of the statutes is created to read:

SB70-AA10,212,4 165.73 Hate crimes reporting. (1) In this section, “hate crime” means an act described under s. 939.645 (1).

SB70-AA10,212,8 (2) The department of justice shall provide a publicly accessible Internet-based reporting system and a telephone hotline for the reporting of hate crimes. The department of justice shall ensure that the reporting system and hotline do all of the following:

SB70-AA10,212,10 (a) Relay a report of a hate crime to the appropriate employee of the department or law enforcement officer for investigation.

SB70-AA10,212,11 (b) Direct individuals to appropriate local support services.

SB70-AA10,212,14 (c) Maintain confidentiality for any personally identifiable information that an individual provides through the reporting system or hotline, except as needed for investigative, legal, or crime victims service purposes.

SB70-AA10,212,17 (d) Are staffed by individuals who are trained to be knowledgeable about applicable federal, state, and local hate crime laws and law enforcement and support services.