Amendment SA9-SSA2-SB45

SB45-SSA2-SA9,3,4 20.835 (1) (b) Refunds of certain tax payments made for nontaxable tribal land. A sum sufficient to make the payments under 2025 Act .... (this act), section 9137 (1).

SB45-SSA2-SA9,7 Section 7. 20.835 (1) (c) of the statutes is created to read:

SB45-SSA2-SA9,3,7 20.835 (1) (c) County and municipal aid for nontaxable tribal land. The amounts in the schedule to make the payments under s. 79.07.

SB45-SSA2-SA9,8 Section 8. 20.923 (6) (bn) of the statutes is created to read:

SB45-SSA2-SA9,3,10 20.923 (6) (bn) Corrections, department of: ombudsperson of the office of the ombudsperson for corrections.

SB45-SSA2-SA9,9 Section 9. 46.057 (2) of the statutes is amended to read:

SB45-SSA2-SA9,3,18 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.

SB45-SSA2-SA9,10 Section 10. 79.07 of the statutes is created to read:

SB45-SSA2-SA9,3,22 79.07 County and municipal aid for nontaxable tribal land. (1) Beginning in 2026, the following counties and towns shall annually receive a payment in an amount determined by the department of revenue under sub. (2):

SB45-SSA2-SA9,3,23 (a) Ashland County.

SB45-SSA2-SA9,3,24 (b) Bayfield County.

SB45-SSA2-SA9,4,1 (c) Iron County.

SB45-SSA2-SA9,4,2 (d) Sawyer County.

SB45-SSA2-SA9,4,3 (e) Vilas County.

SB45-SSA2-SA9,4,4 (f) Town of Ashland.

SB45-SSA2-SA9,4,5 (g) Town of Gingles.

SB45-SSA2-SA9,4,6 (h) Town of Sanborn.

SB45-SSA2-SA9,4,7 (i) Town of White River.

SB45-SSA2-SA9,4,8 (j) Town of Russell, located in Bayfield County.

SB45-SSA2-SA9,4,9 (k) Town of Sherman, located in Iron County.

SB45-SSA2-SA9,4,10 (L) Town of Bass Lake, located in Sawyer County.

SB45-SSA2-SA9,4,11 (m) Town of Couderay.

SB45-SSA2-SA9,4,12 (n) Town of Hayward.

SB45-SSA2-SA9,4,13 (o) Town of Radisson.

SB45-SSA2-SA9,4,14 (p) Town of Sand Lake, located in Sawyer County.

SB45-SSA2-SA9,4,15 (q) Town of Boulder Junction.

SB45-SSA2-SA9,4,16 (r) Town of Lac du Flambeau.

SB45-SSA2-SA9,4,22 (2) (a) The department of revenue shall annually determine the amount of the payment to each county and town under sub. (1) to compensate the county or town for the loss of property tax revenue as a result of not being able to legally impose local general property taxes on property located within the boundaries of an American Indian reservation and owned by the tribe or tribal members, consistent with the 1854 Treaty of La Pointe.

SB45-SSA2-SA9,5,2 (b) The department of revenue shall certify the amount of the payment due each county and town under sub. (1) to the department of administration, and the department of administration shall make the payment on or before the first Monday in May.

SB45-SSA2-SA9,11 Section 11. 230.08 (2) (ym) of the statutes is created to read:

SB45-SSA2-SA9,5,5 230.08 (2) (ym) The ombudsperson of the office of the ombudsperson for corrections.

SB45-SSA2-SA9,12 Section 12. 301.26 (4) (b) of the statutes is amended to read:

SB45-SSA2-SA9,5,20 301.26 (4) (b) Assessment of costs under par. (a) shall be made periodically on the basis of the per person per day cost estimate specified in par. (d) 2., 3., and 4. Except as provided in pars. (bm), (c), and (cm), liability shall apply to county departments under s. 46.215, 46.22, or 46.23 in the county of the court exercising jurisdiction under ch. 938 for each person receiving services from the department of corrections under s. 938.183 or 938.34 or the department of health services under s. 46.057 or 51.35 (3). Except as provided in pars. (bm), (c), and (cm), in multicounty court jurisdictions, the county of residency within the jurisdiction shall be liable for costs under this subsection. Assessment of costs under par. (a) shall also be made according to the general placement type or level of care provided, as defined by the department, and prorated according to the ratio of the amount designated under s. 48.526 (3) (c) to the total applicable estimated costs of care, services, and supplies provided by the department of corrections under ss. 938.183 and 938.34 and the department of health services under s. 46.057 or 51.35 (3).

SB45-SSA2-SA9,13 Section 13. 301.26 (4) (cm) 3. of the statutes is amended to read:

SB45-SSA2-SA9,6,2 301.26 (4) (cm) 3. The per person daily reimbursement rate for juvenile correctional services under this paragraph shall be equal to the per person daily cost assessment to counties under par. (d) 2., 3., and 4. for juvenile correctional services.

SB45-SSA2-SA9,14 Section 14. 301.26 (4) (cx) of the statutes is amended to read:

SB45-SSA2-SA9,6,11 301.26 (4) (cx) If, notwithstanding ss. 16.50 (2), 16.52, 20.002 (11), and 20.903, there is a deficit in the appropriation account under s. 20.410 (3) (hm) at the close of a fiscal biennium, the governor shall, to address that deficit, increase each of the rates specified under s. 301.26 (4) (d) 2. and 3. for care in a Type 1 juvenile correctional facility and for care for juveniles transferred from a correctional institution by $6, in addition to any increase due to actual costs, in the executive budget bill for each fiscal biennium, until the deficit under s. 20.410 (3) (hm) is eliminated.

SB45-SSA2-SA9,15 Section 15. 301.26 (4) (d) 2. of the statutes is repealed.

SB45-SSA2-SA9,16 Section 16. 301.26 (4) (d) 3. of the statutes is amended to read:

SB45-SSA2-SA9,6,18 301.26 (4) (d) 3. Beginning on July 1, 2024 2025, and ending on June 30, 2025 2027, the per person daily cost assessment to counties shall be, for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $1,268 and, for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $1,268.

SB45-SSA2-SA9,17 Section 17. 301.55 of the statutes is created to read:

SB45-SSA2-SA9,6,21 301.55 Office of the ombudsperson for corrections. (1) Definitions. In this section:

SB45-SSA2-SA9,6,22 (a) “Office” means the office of the ombudsperson for corrections.

SB45-SSA2-SA9,6,23 (b) “Ombudsperson” means the ombudsperson of the office.

SB45-SSA2-SA9,7,5 (2) Staff. The ombudsperson may appoint, in the classified service, one deputy ombudsperson of the office, and employees for the office to complete the ombudsperson’s duties described under this section. The ombudsperson may delegate to the deputy ombudsperson or other employees of the office any of the ombudsperson’s authority or duties except those described under subs. (5) (b) and (7) (b).

SB45-SSA2-SA9,7,6 (3) Powers. The ombudsperson may do all of the following:

SB45-SSA2-SA9,7,8 (a) Investigate, upon a complaint or upon personal initiative, any matter described under sub. (4).

SB45-SSA2-SA9,7,9 (b) Determine the scope and manner of investigations to be made.

SB45-SSA2-SA9,7,11 (c) Enter and inspect, at any time, premises within the control of the department.

SB45-SSA2-SA9,7,16 (d) Examine records and documents in the possession of the department, including corrections and detention data and medical data maintained by the department and classified as private or confidential data on individuals when access to the data is necessary for the ombudsperson to perform the powers authorized under this subsection.

SB45-SSA2-SA9,7,18 (e) Subpoena witnesses and the production of books, papers, records, and documents material to an investigation conducted by the office.

SB45-SSA2-SA9,7,20 (f) Attend any proceedings and deliberations relating to the granting or revocation of parole, extended supervision, or probation.

SB45-SSA2-SA9,7,21 (4) Investigations. The ombudsperson may investigate any of the following:

SB45-SSA2-SA9,7,23 (a) Complaints regarding state correctional institutions and abuse, unfair acts, and violations of rights of prisoners and juveniles.

SB45-SSA2-SA9,7,24 (b) The policies or practices of the department.

SB45-SSA2-SA9,8,1 (c) Any action by the department that may be contrary to law or rule.

SB45-SSA2-SA9,8,4 (d) Any other action by the department that has been alleged to be unreasonable, unfair, oppressive, or inconsistent with any policy or judgment of the department.

SB45-SSA2-SA9,8,6 (e) Procedures and practices that may lessen the risk that objectionable actions by the department may occur in the future.

SB45-SSA2-SA9,8,13 (5) Complaints. (a) The ombudsperson shall create a complaint form and provide sufficient blank copies of the form and self-sealing envelopes to state correctional institutions for distribution to prisoners and juveniles. Blank copies of the form and self-sealing envelopes shall be placed in locations where prisoners and juveniles regularly visit, such as a common area or library, and shall be provided upon request to a prisoner or juvenile. The department shall also make the form available on its website.

SB45-SSA2-SA9,8,17 (b) An operator of a state correctional institution shall immediately forward a complaint form described under par. (a) that has been completed by a prisoner or juvenile to the office. No individual other than an authorized employee of the office may open an envelope that contains a complaint form.

SB45-SSA2-SA9,8,21 (c) The ombudsperson shall review each complaint form received under par. (b) and determine whether to make a recommendation regarding the complaint directly to the state correctional institution where the prisoner or juvenile is housed, the governor, the legislature, or other party, or make no recommendation.

SB45-SSA2-SA9,9,7 (d) No operator of a state correctional institution may open and preview or screen mail addressed from the office to a prisoner or juvenile residing at the state correctional institution unless the operator has reason to believe that the mail contains contraband or is not a document from the office. If the operator has reason to believe that the mail contains contraband or is not a document from the office, the operator may open and inspect the mail in the presence of the prisoner or juvenile to whom it was addressed, but may inspect the document only to the extent necessary to determine whether it contains contraband or is not a document from the office. The operator may read the mail only if, after inspection, the operator has reason to believe it not a document from the office.

SB45-SSA2-SA9,9,13 (6) Disclosures. Information in the possession of the office that relates to a client, complaint, or investigation of the office may be disclosed only at the discretion of the ombudsperson or his or her designated representative. A disclosure of information under this subsection relating to a client, named witness, or a prisoner or juvenile who is not a client may be made only if one of the following applies:

SB45-SSA2-SA9,9,15 (a) The disclosure is authorized in writing by the client, named witness, prisoner, or juvenile or his or her legal guardian, if applicable.

SB45-SSA2-SA9,9,17 (b) The disclosure is made pursuant to a lawful order of a court of competent jurisdiction.

SB45-SSA2-SA9,9,24 (7) Reports. (a) If the ombudsperson determines to make a recommendation under sub. (5) (c) directly to the state correctional institution where the prisoner or juvenile is housed, the warden or superintendent of the state correctional institution shall respond within 30 days. The warden or superintendent shall include in the response what actions the warden or superintendent is taking as a result of the recommendations of the ombudsperson and why the warden or superintendent is taking those actions or not taking actions.

SB45-SSA2-SA9,10,3 (b) If the ombudsperson has reason to believe that any public official or employee has acted in a manner warranting criminal or disciplinary proceedings, the ombudsperson may refer the matter to the appropriate authorities.

SB45-SSA2-SA9,10,5 (c) The ombudsperson shall, at the request of the governor at any time, report to the governor on any matter over which the ombudsperson has authority.

SB45-SSA2-SA9,10,11 (d) On or before December 31 of each year, the ombudsperson shall submit to the governor, the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2), and the secretary of corrections a report of the ombudsperson’s findings and recommendations for improvements to policies and practices at state correctional institutions and the results of the ombudsperson’s investigations conducted under sub. (4).

SB45-SSA2-SA9,18 Section 18. 302.05 (title) of the statutes is amended to read:

SB45-SSA2-SA9,10,13 302.05 (title) Wisconsin substance abuse earned release program.

SB45-SSA2-SA9,19 Section 19. 302.05 (1) (am) (intro.) of the statutes is amended to read:

SB45-SSA2-SA9,10,22 302.05 (1) (am) (intro.) The department of corrections and the department of health services may designate a section of a mental health institute as a correctional treatment facility for the treatment of substance abuse use disorder of inmates transferred from Wisconsin state prisons. This section shall be administered by the department of corrections and shall be known as the Wisconsin substance abuse program. The department of corrections and the department of health services shall ensure that the residents at the institution and the residents in the substance abuse use disorder program:

SB45-SSA2-SA9,20 Section 20. 302.05 (1) (b) of the statutes is amended to read:

SB45-SSA2-SA9,11,3 302.05 (1) (b) The department of corrections and the department of health services shall, at any correctional facility the departments determine is appropriate, provide a substance abuse use disorder treatment program for inmates for the purposes of the program described in sub. (3).

SB45-SSA2-SA9,21 Section 21. 302.05 (1) (c) of the statutes is created to read:

SB45-SSA2-SA9,11,7 302.05 (1) (c) 1. In this paragraph, “vocational readiness training program” means an educational, vocational, treatment, or other evidence-based training program to reduce recidivism.

SB45-SSA2-SA9,11,10 2. The department shall, at any correctional facility the department determines is appropriate, provide vocational readiness training programs for the purposes of the program described in sub. (3).

SB45-SSA2-SA9,22 Section 22. 302.05 (2) of the statutes is amended to read:

SB45-SSA2-SA9,11,13 302.05 (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.

SB45-SSA2-SA9,23 Section 23. 302.05 (3) (a) 2. of the statutes is amended to read:

SB45-SSA2-SA9,11,20 302.05 (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), 2023 stats., or s. 973.01 (3g), 2023 stats.

SB45-SSA2-SA9,24 Section 24. 302.05 (3) (b) of the statutes is amended to read:

SB45-SSA2-SA9,12,8 302.05 (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), a vocational readiness training program described in sub. (1) (c), or the mother-young child care program under s. 301.049, 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.

SB45-SSA2-SA9,25 Section 25. 302.05 (3) (c) 1. of the statutes is amended to read:

SB45-SSA2-SA9,12,16 302.05 (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), a vocational readiness training program described in sub. (1) (c), or the mother-young child care program under s. 301.049, the department shall inform the court that sentenced the inmate.

SB45-SSA2-SA9,26 Section 26. 302.05 (3) (c) 2. (intro.) of the statutes is amended to read:

SB45-SSA2-SA9,12,23 302.05 (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), a vocational readiness training program described in sub. (1) (c), or the mother-young child care program under s. 301.049, the court shall modify the inmate’s bifurcated sentence as follows:

SB45-SSA2-SA9,27 Section 27. 302.05 (3) (d) of the statutes is amended to read: