2025 - 2026 LEGISLATURE
LRBb0617/1
MJW:cdc
SENATE AMENDMENT 9,
TO SENATE SUBSTITUTE AMENDMENT 2,
TO SENATE BILL 45
July 2, 2025 - Offered by Senators Hesselbein, Smith, Spreitzer, Drake, L. Johnson, Roys, Carpenter, Dassler-Alfheim, Habush Sinykin, Keyeski, Larson, Pfaff, Ratcliff and Wall.
SB45-SSA2-SA9,1,321. At the appropriate place, insert the schedule for s. 20.410 from 2025 3Senate Bill 45 covering the department of corrections. SB45-SSA2-SA9,1,76(1) Position authorizations. The authorized positions for the department 7of corrections are increased as provided in 2025 Senate Bill 45.”. SB45-SSA2-SA9,1,111015.145 (title) Same; attached boards, commissions, and councils, and 11offices. SB45-SSA2-SA9,2,7215.145 (7) Office of the ombudsperson for corrections. There is created 3an office of the ombudsperson for corrections, attached to the department of 4corrections under s. 15.03. The office shall be under the direction and supervision 5of an ombudsperson who shall be nominated by the governor, with the advice and 6consent of three-fourths of members elected to the senate appointed, and may be 7removed only by the governor for just cause. SB45-SSA2-SA9,38Section 3. 20.410 (3) (ab) of the statutes is created to read: SB45-SSA2-SA9,2,12920.410 (3) (ab) Contract payments for placement of juveniles. A sum 10sufficient, not to exceed $20,000,000 in each fiscal year, for payments made in 11accordance with contracts for placement of juveniles who are under the supervision 12of the department of corrections under ch. 938. SB45-SSA2-SA9,413Section 4. 20.410 (3) (ab) of the statutes, as created by 2025 Wisconsin Act ... 14(this act), is repealed. SB45-SSA2-SA9,2,181620.410 (4) Office of the ombudsperson for corrections. (a) General 17program operations. The amounts in the schedule for the general program 18operations of the office of the ombudsperson for corrections. SB45-SSA2-SA9,2,2019(i) Gifts and grants. All moneys received from gifts and grants to carry out the 20purposes for which made. SB45-SSA2-SA9,2,2221(k) Interagency and intra-agency assistance. All moneys received from the 22department or any other state agency to carry out the purposes for which received. SB45-SSA2-SA9,2,2423(m) Federal aid. All moneys received as federal aid as authorized by the 24governor under s. 16.54 to carry out the purposes for which received. SB45-SSA2-SA9,6
1Section 6. 20.835 (1) (b) of the statutes is created to read: SB45-SSA2-SA9,3,4220.835 (1) (b) Refunds of certain tax payments made for nontaxable tribal 3land. A sum sufficient to make the payments under 2025 Act .... (this act), section 49137 (1). SB45-SSA2-SA9,75Section 7. 20.835 (1) (c) of the statutes is created to read: SB45-SSA2-SA9,3,7620.835 (1) (c) County and municipal aid for nontaxable tribal land. The 7amounts in the schedule to make the payments under s. 79.07. SB45-SSA2-SA9,88Section 8. 20.923 (6) (bn) of the statutes is created to read: SB45-SSA2-SA9,3,10920.923 (6) (bn) Corrections, department of: ombudsperson of the office of the 10ombudsperson for corrections. SB45-SSA2-SA9,3,181246.057 (2) From the appropriation account under s. 20.410 (3) (ba) or (hm), 13the department of corrections shall reimburse the department of health services for 14the cost of providing services for juveniles who are under the supervision of the 15department of corrections and are placed at the Mendota juvenile treatment center 16at a per person daily cost specified by the department of health services. The 17department of health services may charge the department of corrections not more 18than the actual cost of providing those services. SB45-SSA2-SA9,3,222079.07 County and municipal aid for nontaxable tribal land. (1) 21Beginning in 2026, the following counties and towns shall annually receive a 22payment in an amount determined by the department of revenue under sub. (2): SB45-SSA2-SA9,3,2323(a) Ashland County. SB45-SSA2-SA9,3,2424(b) Bayfield County. SB45-SSA2-SA9,4,1
1(c) Iron County. SB45-SSA2-SA9,4,22(d) Sawyer County. SB45-SSA2-SA9,4,33(e) Vilas County. SB45-SSA2-SA9,4,44(f) Town of Ashland. SB45-SSA2-SA9,4,55(g) Town of Gingles. SB45-SSA2-SA9,4,66(h) Town of Sanborn. SB45-SSA2-SA9,4,77(i) Town of White River. SB45-SSA2-SA9,4,88(j) Town of Russell, located in Bayfield County. SB45-SSA2-SA9,4,99(k) Town of Sherman, located in Iron County. SB45-SSA2-SA9,4,1010(L) Town of Bass Lake, located in Sawyer County. SB45-SSA2-SA9,4,1111(m) Town of Couderay. SB45-SSA2-SA9,4,1212(n) Town of Hayward. SB45-SSA2-SA9,4,1313(o) Town of Radisson. SB45-SSA2-SA9,4,1414(p) Town of Sand Lake, located in Sawyer County. SB45-SSA2-SA9,4,1515(q) Town of Boulder Junction. SB45-SSA2-SA9,4,1616(r) Town of Lac du Flambeau. SB45-SSA2-SA9,4,2217(2) (a) The department of revenue shall annually determine the amount of the 18payment to each county and town under sub. (1) to compensate the county or town 19for the loss of property tax revenue as a result of not being able to legally impose 20local general property taxes on property located within the boundaries of an 21American Indian reservation and owned by the tribe or tribal members, consistent 22with the 1854 Treaty of La Pointe. SB45-SSA2-SA9,5,223(b) The department of revenue shall certify the amount of the payment due 24each county and town under sub. (1) to the department of administration, and the
1department of administration shall make the payment on or before the first Monday 2in May. SB45-SSA2-SA9,113Section 11. 230.08 (2) (ym) of the statutes is created to read: SB45-SSA2-SA9,5,54230.08 (2) (ym) The ombudsperson of the office of the ombudsperson for 5corrections. SB45-SSA2-SA9,5,207301.26 (4) (b) Assessment of costs under par. (a) shall be made periodically on 8the basis of the per person per day cost estimate specified in par. (d) 2., 3., and 4. 9Except as provided in pars. (bm), (c), and (cm), liability shall apply to county 10departments under s. 46.215, 46.22, or 46.23 in the county of the court exercising 11jurisdiction under ch. 938 for each person receiving services from the department of 12corrections under s. 938.183 or 938.34 or the department of health services under s. 1346.057 or 51.35 (3). Except as provided in pars. (bm), (c), and (cm), in multicounty 14court jurisdictions, the county of residency within the jurisdiction shall be liable for 15costs under this subsection. Assessment of costs under par. (a) shall also be made 16according to the general placement type or level of care provided, as defined by the 17department, and prorated according to the ratio of the amount designated under s. 1848.526 (3) (c) to the total applicable estimated costs of care, services, and supplies 19provided by the department of corrections under ss. 938.183 and 938.34 and the 20department of health services under s. 46.057 or 51.35 (3). SB45-SSA2-SA9,1321Section 13. 301.26 (4) (cm) 3. of the statutes is amended to read: SB45-SSA2-SA9,6,222301.26 (4) (cm) 3. The per person daily reimbursement rate for juvenile 23correctional services under this paragraph shall be equal to the per person daily
1cost assessment to counties under par. (d) 2., 3., and 4. for juvenile correctional 2services. SB45-SSA2-SA9,143Section 14. 301.26 (4) (cx) of the statutes is amended to read: SB45-SSA2-SA9,6,114301.26 (4) (cx) If, notwithstanding ss. 16.50 (2), 16.52, 20.002 (11), and 520.903, there is a deficit in the appropriation account under s. 20.410 (3) (hm) at the 6close of a fiscal biennium, the governor shall, to address that deficit, increase each 7of the rates specified under s. 301.26 (4) (d) 2. and 3. for care in a Type 1 juvenile 8correctional facility and for care for juveniles transferred from a correctional 9institution by $6, in addition to any increase due to actual costs, in the executive 10budget bill for each fiscal biennium, until the deficit under s. 20.410 (3) (hm) is 11eliminated. SB45-SSA2-SA9,1613Section 16. 301.26 (4) (d) 3. of the statutes is amended to read: SB45-SSA2-SA9,6,1814301.26 (4) (d) 3. Beginning on July 1, 2024 2025, and ending on June 30, 2025 152027, the per person daily cost assessment to counties shall be, for care in a Type 1 16juvenile correctional facility, as defined in s. 938.02 (19), $1,268 and, for care for 17juveniles transferred from a juvenile correctional institution under s. 51.35 (3), 18$1,268. SB45-SSA2-SA9,6,2120301.55 Office of the ombudsperson for corrections. (1) Definitions. 21In this section: SB45-SSA2-SA9,6,2222(a) “Office” means the office of the ombudsperson for corrections. SB45-SSA2-SA9,6,2323(b) “Ombudsperson” means the ombudsperson of the office. SB45-SSA2-SA9,7,524(2) Staff. The ombudsperson may appoint, in the classified service, one
1deputy ombudsperson of the office, and employees for the office to complete the 2ombudsperson’s duties described under this section. The ombudsperson may 3delegate to the deputy ombudsperson or other employees of the office any of the 4ombudsperson’s authority or duties except those described under subs. (5) (b) and 5(7) (b). SB45-SSA2-SA9,7,66(3) Powers. The ombudsperson may do all of the following: SB45-SSA2-SA9,7,87(a) Investigate, upon a complaint or upon personal initiative, any matter 8described under sub. (4). SB45-SSA2-SA9,7,99(b) Determine the scope and manner of investigations to be made. SB45-SSA2-SA9,7,1110(c) Enter and inspect, at any time, premises within the control of the 11department. SB45-SSA2-SA9,7,1612(d) Examine records and documents in the possession of the department, 13including corrections and detention data and medical data maintained by the 14department and classified as private or confidential data on individuals when 15access to the data is necessary for the ombudsperson to perform the powers 16authorized under this subsection. SB45-SSA2-SA9,7,1817(e) Subpoena witnesses and the production of books, papers, records, and 18documents material to an investigation conducted by the office.
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