Amendment SA2-SSA2-SB70

SB70-SSA2-SA2,254,12 302.085 Treatment of a pregnant or postpartum person. (1) Definitions. In this section:

SB70-SSA2-SA2,254,13 (a) “Correctional facility” has the meaning given in s. 101.123 (1) (ac).

SB70-SSA2-SA2,254,16 (b) “Doula” means a nonmedical, trained professional who provides continuous physical, emotional, and informational support during pregnancy, labor, birth, and the postpartum period.

SB70-SSA2-SA2,254,19 (c) “Doula services" means childbirth education and support services, including emotional, physical, and informational support provided during pregnancy, labor, birth, and the postpartum period.

SB70-SSA2-SA2,254,21 (d) “Postpartum” means the period of time following the birth of an infant to 6 months after the birth.

SB70-SSA2-SA2,254,23 (e) “Restrain” means to use a mechanical, chemical, or other device to constrain the movement of a person's body or limbs.

SB70-SSA2-SA2,255,7 (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.

SB70-SSA2-SA2,255,12 (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.

SB70-SSA2-SA2,255,14 (c) A representative of a correctional facility may not place a person known to be pregnant in solitary confinement for any punitive purpose.

SB70-SSA2-SA2,255,16 (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:

SB70-SSA2-SA2,255,20 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.

SB70-SSA2-SA2,255,22 2. The representative has made an individualized determination that restraints are necessary to prevent escape or ensure safety or security.

SB70-SSA2-SA2,255,24 3. There is no objection to the use of restraints by the treating medical care provider.

SB70-SSA2-SA2,256,2 4. The restraints used are the least restrictive effective type and are used in the least restrictive manner.

SB70-SSA2-SA2,256,5 (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.

SB70-SSA2-SA2,256,7 (3) Treatment of a pregnant or postpartum person. A correctional facility shall ensure all of the following for every person incarcerated at the facility:

SB70-SSA2-SA2,256,8 (a) That every woman under 50 years of age is offered testing for pregnancy.

SB70-SSA2-SA2,256,10 (b) That every pregnant person is offered testing for sexually transmitted infections, including HIV.

SB70-SSA2-SA2,256,12 (c) That every pregnant person who is on a methadone treatment regimen be provided continuing methadone treatment.

SB70-SSA2-SA2,256,15 (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.

SB70-SSA2-SA2,256,19 (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.

SB70-SSA2-SA2,256,22 (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.

SB70-SSA2-SA2,256,25 (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.

SB70-SSA2-SA2,257,4 (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.

SB70-SSA2-SA2,257,8 (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.

SB70-SSA2-SA2,257,11 (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.”.

SB70-SSA2-SA2,257,12 257. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,257,13 “ Section 518. 304.06 (1) (c) 3. of the statutes is amended to read:

SB70-SSA2-SA2,257,19 304.06 (1) (c) 3. The victim of the crime committed by the inmate or, if the victim died as a result of the crime, an adult member of the victim's family and any member of the victim's family who was younger than 18 years old at the time the crime was committed but is now 18 years old or older or, if the victim is younger than 18 years old, the victim's parent or legal guardian, upon submission of a card under par. (f) requesting notification.

SB70-SSA2-SA2,519 Section 519. 304.063 (2) (a) of the statutes is amended to read:

SB70-SSA2-SA2,258,2 304.063 (2) (a) The victim of the crime committed by the prisoner or, if the victim died as a result of the crime, an adult member of the victim's family and any member of the victim's family who was younger than 18 years old at the time the crime was committed but is now 18 years old or older or, if the victim is younger than 18 years old, the victim's parent or legal guardian.”.

SB70-SSA2-SA2,258,3 258. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,258,4 “ Section 520. 977.08 (5) (br) of the statutes is amended to read:

SB70-SSA2-SA2,258,8 977.08 (5) (br) Beginning on July 1, 2000 , and until June 30, 2023, the state public defender may exempt up to 10 full-time assistant state public defenders in the subunit responsible for trials from the annual caseload standards under par. (bn) based on their need to perform other assigned duties.

SB70-SSA2-SA2,521 Section 521. 977.08 (5) (bs) of the statutes is created to read:

SB70-SSA2-SA2,258,13 977.08 (5) (bs) Beginning on July 1, 2023, the state public defender may exempt up to 25 full-time assistant state public defenders in the subunit responsible for trials from the annual caseload standards under par. (bn) based on their need to perform other assigned duties.”.

SB70-SSA2-SA2,258,14 259. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,258,15 “ Section 522. 20.455 (2) (a) of the statutes is amended to read:

SB70-SSA2-SA2,258,20 20.455 (2) (a) General program operations. The amounts in the schedule for general program operations, including operating the state crime laboratories, performing criminal investigations, providing law enforcement services and, providing independent crime laboratory services for defendants in a felony case upon authorization by the presiding judge, and operating the office of school safety.

SB70-SSA2-SA2,9227 Section 9227. Fiscal changes; Justice.

SB70-SSA2-SA2,259,5 (1) 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) (a), the dollar amount for fiscal year 2023-24 is increased by $387,800 to increase the authorized FTE positions for the department by 7.0 GPR positions for the operations of the office of school safety to support and enhance school safety initiatives. 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 2024-25 is increased by $601,000 to provide funding for the positions authorized under this subsection.”.

SB70-SSA2-SA2,259,6 260. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,259,8 “ Section 523. 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-SSA2-SA2,524 Section 524. 20.455 (2) (fw) of the statutes is created to read:

SB70-SSA2-SA2,259,13 20.455 (2) (fw) Elder abuse hotline and grant program. As a continuing appropriation, the amounts in the schedule to fund a statewide elder abuse hotline and to provide grants under s. 165.937 to programs that promote the protection of elders.

SB70-SSA2-SA2,525 Section 525. 165.937 of the statutes is created to read:

SB70-SSA2-SA2,259,17 165.937 Grants for protection of elders. (1) The department of justice shall award grants from the appropriation under s. 20.455 (2) (fw) to organizations that promote the protection of elders.

SB70-SSA2-SA2,260,3 (2) The department of justice shall provide funds from the appropriation under s. 20.455 (2) (fw) to support a statewide elder abuse hotline for persons to anonymously provide tips regarding suspected elder abuse.”.

SB70-SSA2-SA2,260,4 261. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,260,6 “ Section 526. 66.0501 (1) of the statutes is renumbered 66.0501 (1) (a) and amended to read:

SB70-SSA2-SA2,260,10 66.0501 (1) (a) No Except as provided in par. (b), no person may be appointed deputy sheriff of any county or police officer for any city, village , or town unless that person is a citizen of the United States. This section does not apply to common carriers or to a deputy sheriff not required to take an oath of office.

SB70-SSA2-SA2,527 Section 527. 66.0501 (1) (b) of the statutes is created to read:

SB70-SSA2-SA2,260,16 66.0501 (1) (b) The sheriff of a county or the appointing authority of a local law enforcement agency that provides police service to a city, village, or town may elect to authorize the appointment of noncitizens who are in receipt of valid employment authorization from the federal department of homeland security as deputy sheriffs for that county or as police officers for that city, village, or town.

SB70-SSA2-SA2,528 Section 528. 165.85 (4) (a) 1m. of the statutes is created to read:

SB70-SSA2-SA2,260,21 165.85 (4) (a) 1m. The board may not create criteria for participation in the preparatory training program under subd. 1. that would prevent a person from participation if the person is in receipt of a valid employment authorization from the federal department of homeland security.”.

SB70-SSA2-SA2,260,22 262. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,260,24 “ Section 529. 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-SSA2-SA2,530 Section 530. 20.455 (1) (hg) of the statutes is created to read:

SB70-SSA2-SA2,261,4 20.455 (1) (hg) Legal services; tobacco settlement agreement. As a continuing appropriation, the amounts in the schedule for legal expenses as set forth under s. 165.14.

SB70-SSA2-SA2,531 Section 531. 165.14 of the statutes is created to read:

SB70-SSA2-SA2,261,6 165.14 Tobacco settlement. (1) In this section:

SB70-SSA2-SA2,261,7 (a) “Department” means the department of justice.

SB70-SSA2-SA2,261,9 (b) “Tobacco settlement agreement" means the Attorneys General Master Tobacco Settlement Agreement of November 23, 1998.”.

SB70-SSA2-SA2,261,13 (2) The department may expend moneys from the appropriation under s. 20.455 (1) (hg) for its legal expenses related to participation in arbitration or other alternative dispute resolution processes arising from payments under the tobacco settlement agreement.

SB70-SSA2-SA2,261,18 (3) Annually, no later than September 1, the department shall submit a report to the governor and to the chief clerk of each house of the legislature for distribution under s. 13.172 (2) that identifies its expenses that are attributable to participation in arbitration or other alternative dispute resolution processes arising from payments under the tobacco settlement agreement.”.

SB70-SSA2-SA2,261,19 263. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,262,1 “ Section 532. 20.455 (2) (gb) of the statutes is amended to read:

SB70-SSA2-SA2,262,6 20.455 (2) (gb) Gifts and grants. The amounts in the schedule to carry out the purposes for which gifts and grants are made and received. All moneys received from gifts and grants, other than moneys received for and credited to another appropriation account under this subsection, shall be credited to this appropriation account to carry out the purposes for which made and received.

SB70-SSA2-SA2,533 Section 533. 20.455 (3) (g) of the statutes is amended to read:

SB70-SSA2-SA2,262,14 20.455 (3) (g) Gifts, grants and proceeds. The amounts in the schedule to carry out the purposes for which gifts and grants are made and collected. All moneys received from gifts and grants and all proceeds from services, conferences, and sales of publications and promotional materials to carry out the purposes for which made or collected, except as provided in sub. (2) (gm) and (gp) and to transfer to s. 20.505 (1) (kg), at the discretion of the attorney general, an amount not to exceed $98,300 annually, shall be credited to this appropriation account.

SB70-SSA2-SA2,534 Section 534. 165.10 of the statutes is amended to read:

SB70-SSA2-SA2,263,3 165.10 Deposit Limits on expenditure of discretionary settlement funds. The Notwithstanding s. 20.455 (3), before the attorney general shall deposit all may expend settlement funds into the general fund under s. 20.455 (3) (g) that are not committed under the terms of the settlement, the attorney general shall submit to the joint committee on finance a proposed plan for the expenditure of the funds. If the cochairpersons of the committee do not notify the attorney general within 14 working days after the submittal that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the attorney general may expend the funds to implement the proposed plan. If, within 14 working days after the submittal, the cochairpersons of the committee notify the attorney general that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the attorney general may expend the funds only to implement the plan as approved by the committee.”.

SB70-SSA2-SA2,263,4 264. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,263,5 “ Section 535. 165.08 (1) of the statutes is amended to read:

SB70-SSA2-SA2,263,18 165.08 (1) Any civil action prosecuted by the department by direction of any officer, department, board, or commission, or any shall be compromised or discontinued when so directed by such officer, department, board, or commission. Any civil action prosecuted by the department on the initiative of the attorney general, or at the request of any individual may be compromised or discontinued with the approval of an intervenor under s. 803.09 (2m) or, if there is no intervenor, by submission of a proposed plan to the joint committee on finance for the approval of the committee. The compromise or discontinuance may occur only if the joint committee on finance approves the proposed plan. No proposed plan may be submitted to the joint committee on finance if the plan concedes the unconstitutionality or other invalidity of a statute, facially or as applied, or concedes that a statute violates or is preempted by federal law, without the approval of the joint committee on legislative organization the governor.

SB70-SSA2-SA2,536 Section 536. 165.12 (2) (a) of the statutes is repealed.

SB70-SSA2-SA2,537 Section 537. 165.25 (6) (a) 1. of the statutes is amended to read:

SB70-SSA2-SA2,264,18 165.25 (6) (a) 1. At the request of the head of any department of state government, the attorney general may appear for and defend any state department, or any state officer, employee, or agent of the department in any civil action or other matter brought before a court or an administrative agency which is brought against the state department, or officer, employee, or agent for or on account of any act growing out of or committed in the lawful course of an officer's, employee's, or agent's duties. Witness fees or other expenses determined by the attorney general to be reasonable and necessary to the defense in the action or proceeding shall be paid as provided for in s. 885.07. The attorney general may compromise and settle the action as the attorney general determines to be in the best interest of the state except that, if the action is for injunctive relief or there is a proposed consent decree, the attorney general may not compromise or settle the action without the approval of an intervenor under s. 803.09 (2m) or, if there is no intervenor, without first submitting a proposed plan to the joint committee on finance. If, within 14 working days after the plan is submitted, the cochairpersons of the committee notify the attorney general that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the attorney general may compromise or settle the action only with the approval of the committee. The attorney general may not submit a proposed plan to the joint committee on finance under this subdivision in which the plan concedes the unconstitutionality or other invalidity of a statute, facially or as applied, or concedes that a statute violates or is preempted by federal law, without the approval of the joint committee on legislative organization.”.

SB70-SSA2-SA2,264,19 265. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,264,21 “ Section 538. 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-SSA2-SA2,539 Section 539. 20.455 (2) (be) of the statutes is created to read:

SB70-SSA2-SA2,265,5 20.455 (2) (be) Law enforcement recruitment, retention, and wellness grant program. As a continuing appropriation, the amounts in the schedule to provide grants under s. 165.991 to law enforcement agencies to fund programs designed to recruit and retain law enforcement officers and promote officer wellness.

SB70-SSA2-SA2,540 Section 540. 165.991 of the statutes is created to read:

SB70-SSA2-SA2,265,11 165.991 Grants for law enforcement recruitment, retention, and wellness programs. The department of justice shall award grants from the appropriation under s. 20.455 (2) (be) to law enforcement agencies and tribal law enforcement agencies in this state to fund programs that recruit and retain law enforcement officers and that promote officer wellness.”.

SB70-SSA2-SA2,265,12 266. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,265,13 “ Section 541. 134.66 (title) of the statutes is amended to read:

SB70-SSA2-SA2,265,15 134.66 (title) Restrictions on sale or gift of cigarettes or nicotine, vapor, or tobacco products.

SB70-SSA2-SA2,542 Section 542. 134.66 (1) (jm) of the statutes is created to read:

SB70-SSA2-SA2,265,17 134.66 (1) (jm) “Vapor product" has the meaning given in s. 139.75 (14).