Amendment AA15-ASA2-AB50

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.

AB50-ASA2-AA15,136 Section 136. 973.156 of the statutes is created to read:

AB50-ASA2-AA15,63,2 973.156 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.

AB50-ASA2-AA15,63,7 (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.

AB50-ASA2-AA15,63,9 (3) Subsection (2) does not apply to a person who is required to register under s. 301.45.

AB50-ASA2-AA15,63,12 (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.

AB50-ASA2-AA15,63,15 (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.

AB50-ASA2-AA15,9108 Section 9108. Nonstatutory provisions; Corrections.

AB50-ASA2-AA15,64,5 (1) 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.”.

AB50-ASA2-AA15,64,6 31. At the appropriate places, insert all of the following:

AB50-ASA2-AA15,64,12 “Section 137. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated:

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AB50-ASA2-AA15,138 Section 138. 20.680 (4) of the statutes is created to read:

AB50-ASA2-AA15,64,16 20.680 (4) Office of the marshals of the supreme court. (a) General program operations. The amounts in the schedule for the general program operations of the office of the marshals of the supreme court.

AB50-ASA2-AA15,139 Section 139. 40.02 (17) (o) of the statutes is created to read:

AB50-ASA2-AA15,65,4 40.02 (17) (o) Notwithstanding par. (d), each participant who is a marshal of the supreme court and who is classified as a protective occupation participant shall be granted creditable service as a protective occupation participant for all covered service while a marshal of the supreme court that was earned on or after the effective date of this paragraph .... [LRB inserts date], but may not be granted creditable service as a protective occupation participant for any covered service as an employee of the supreme court that was not as a protective occupation participant and that was earned before the effective date of this paragraph .... [LRB inserts date].

AB50-ASA2-AA15,140 Section 140. 40.02 (48) (am) 24. of the statutes is created to read:

AB50-ASA2-AA15,65,6 40.02 (48) (am) 24. A marshal of the supreme court.

AB50-ASA2-AA15,141 Section 141. 40.02 (48) (b) 6. of the statutes is created to read:

AB50-ASA2-AA15,65,11 40.02 (48) (b) 6. A “marshal of the supreme court” is an individual employed by the office of the marshals of the supreme court under s. 758.195 and whose principal duties are detecting and preventing crime and enforcing laws or ordinances of this state.

AB50-ASA2-AA15,142 Section 142. 40.02 (48) (c) of the statutes is amended to read:

AB50-ASA2-AA15,66,2 40.02 (48) (c) In s. 40.65, “protective occupation participant” means a participating employee who is a police officer, fire fighter, an individual determined by a participating employer under par. (a) or (bm) to be a protective occupation participant, county undersheriff, deputy sheriff, county jailer who is certified as a protective occupation participant, state probation and parole officer, county traffic police officer, conservation warden, state forest ranger, field conservation employee of the department of natural resources who is subject to call for forest fire control or warden duty, member of the state traffic patrol, state motor vehicle inspector, University of Wisconsin System full-time police officer, guard or any other employee whose principal duties are supervision and discipline of inmates at a state penal institution, special agent employed by the department of revenue who is authorized to act under s. 73.031, person employed under s. 60.553 (1), 61.66 (1), or 62.13 (2e) (a), or special criminal investigation agent employed by the department of justice, or marshal of the supreme court.

AB50-ASA2-AA15,143 Section 143. 40.65 (4y) of the statutes is created to read:

AB50-ASA2-AA15,66,8 40.65 (4y) A marshal of the supreme court under s. 758.195 who becomes a protective occupation participant on or after the effective date of this subsection .... [LRB inserts date], is not entitled to a duty disability benefit under this section for an injury or disease occurring before the effective date of this subsection .... [LRB inserts date].

AB50-ASA2-AA15,144 Section 144. 165.85 (2) (c) of the statutes is amended to read:

AB50-ASA2-AA15,66,15 165.85 (2) (c) “Law enforcement officer” means any person employed by the state or any political subdivision of the state, for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances that the person is employed and sworn to enforce. “Law enforcement officer” includes a marshal of the supreme court under s. 758.195 and a university police officer, as defined in s. 175.42 (1) (b).

AB50-ASA2-AA15,145 Section 145. 758.195 of the statutes is created to read:

AB50-ASA2-AA15,66,20 758.195 Office of the marshals of the supreme court. (1) Creation. There is created the office of the marshals of the supreme court, under the direction and supervision of the chief marshal of the supreme court, which shall consist of all of the following personnel:

AB50-ASA2-AA15,66,21 (a) The chief marshal of the supreme court.

AB50-ASA2-AA15,66,22 (b) One deputy chief marshal of the supreme court.

AB50-ASA2-AA15,66,23 (c) Deputy marshals of the supreme court.

AB50-ASA2-AA15,67,1 (d) Administrative support personnel.

AB50-ASA2-AA15,67,3 (2) Law enforcement authority. (a) The office of the marshals of the supreme court is a law enforcement agency, as defined in s. 165.85 (2) (bv).

AB50-ASA2-AA15,67,10 (b) Marshals of the supreme court are law enforcement officers, are employed for the purpose of detecting and preventing crime and enforcing laws or ordinances, and are authorized to make arrests for violations of the laws or ordinances of this state. Marshals of the supreme court shall meet the requirements of s. 165.85 (4) (a) 2. and 7. a., and shall agree to accept the duties of a law enforcement officer under the laws of this state. Marshals of the supreme court shall have statewide jurisdiction.

AB50-ASA2-AA15,67,17 (c) Marshals of the supreme court shall have concurrent police power with other authorized peace officers over any jurisdiction in which the marshal performs his or her duties. Such concurrent police authority may not be construed to reduce or lessen the authority of the police power of the community or communities in which a marshal may perform his or her duties. Marshals of the supreme court shall cooperate with and be responsive to the local police authorities as they meet and exercise their statutory responsibilities.

AB50-ASA2-AA15,67,21 (d) Marshals of the supreme court shall meet the requirements established by the law enforcement standards board for officer certification, police pursuit, recruitment, and firearms training and comply with any other statutory requirements applicable to a law enforcement agency.

AB50-ASA2-AA15,68,4 (3) Powers. The office of the marshals of the supreme court may provide police services to the state court system, with statewide jurisdiction; provide protective services for the supreme court justices and their offices; provide security assessments for the justices, judges, and facilities of the state court system; and provide safety and security support services and advanced security planning for circuit court proceedings.

AB50-ASA2-AA15,146 Section 146. 939.22 (22) of the statutes is amended to read:

AB50-ASA2-AA15,68,10 939.22 (22) “Peace officer” means any person vested by law with a duty to maintain public order or to make arrests for crime, whether that duty extends to all crimes or is limited to specific crimes. “Peace officer” includes a commission warden, a marshal of the supreme court under s. 758.195, and a university police officer, as defined in s. 175.42 (1) (b).

AB50-ASA2-AA15,9141 Section 9141. Nonstatutory provisions; Supreme Court.

AB50-ASA2-AA15,68,15 (1) Office of the marshals of the supreme court. The authorized FTE positions for the supreme court are increased by 8.0 GPR law enforcement officer positions and 0.4 GPR civilian support staff position, to be funded from the appropriation under s. 20.680 (4) (a).”.

AB50-ASA2-AA15,68,16 32. At the appropriate places, insert all of the following:

AB50-ASA2-AA15,68,17 “Section 147. 20.437 (1) (cL) of the statutes is created to read:

AB50-ASA2-AA15,68,19 20.437 (1) (cL) Seventeen-year-old juvenile justice aids. A sum sufficient for the purposes under s. 48.5275.

AB50-ASA2-AA15,148 Section 148. 48.02 (1d) of the statutes is amended to read:

AB50-ASA2-AA15,69,2 48.02 (1d) “Adult” means a person who is 18 years of age or older, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, “adult” means a person who has attained 17 years of age.

AB50-ASA2-AA15,149 Section 149. 48.02 (2) of the statutes is amended to read:

AB50-ASA2-AA15,69,8 48.02 (2) “Child,” when used without further qualification, means a person who is less than 18 years of age, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, “child” does not include a person who has attained 17 years of age.

AB50-ASA2-AA15,150 Section 150. Subchapter IX (title) of chapter 48 [precedes 48.44] of the statutes is amended to read:

AB50-ASA2-AA15,69,11 CHAPTER 48

AB50-ASA2-AA15,69,14 SUBCHAPTER IX JURISDICTION OVER PERSON 17 OR OLDER ADULTS

AB50-ASA2-AA15,151 Section 151. 48.44 of the statutes is amended to read:

AB50-ASA2-AA15,69,19 48.44 Jurisdiction over persons 17 or older adults. The court has jurisdiction over persons 17 years of age or older adults as provided under ss. 48.133, 48.355 (4), 48.357 (6), 48.365 (5), and 48.45 and as otherwise specifically provided in this chapter.

AB50-ASA2-AA15,152 Section 152. 48.45 (1) (a) of the statutes is amended to read:

AB50-ASA2-AA15,70,5 48.45 (1) (a) If in the hearing of a case of a child alleged to be in a condition described in s. 48.13 it appears that any person 17 years of age or older adult has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such that condition of the child, the judge may make orders with respect to the conduct of such that person in his or her relationship to the child, including orders determining the ability of the person to provide for the maintenance or care of the child and directing when, how, and from where funds for the maintenance or care shall be paid.

AB50-ASA2-AA15,153 Section 153. 48.45 (1) (am) of the statutes is amended to read:

AB50-ASA2-AA15,70,13 48.45 (1) (am) If in the hearing of a case of an unborn child and the unborn child’s expectant mother alleged to be in a condition described in s. 48.133 it appears that any person 17 years of age or over adult has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such that condition of the unborn child and expectant mother, the judge may make orders with respect to the conduct of such that person in his or her relationship to the unborn child and expectant mother.

AB50-ASA2-AA15,154 Section 154. 48.45 (3) of the statutes is amended to read:

AB50-ASA2-AA15,70,20 48.45 (3) If it appears at a court hearing that any person 17 years of age or older adult has violated s. 948.40, the judge shall refer the record to the district attorney for criminal proceedings as may be warranted in the district attorney’s judgment. This subsection does not prevent prosecution of violations of s. 948.40 without the prior reference by the judge to the district attorney, as in other criminal cases.