Amendment SA9-SSA2-SB45

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:

SB45-SSA2-SA9,13,4 302.05 (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.

SB45-SSA2-SA9,28 Section 28. 302.05 (3) (e) of the statutes is repealed.

SB45-SSA2-SA9,29 Section 29. 302.11 (7) (am) of the statutes is amended to read:

SB45-SSA2-SA9,13,12 302.11 (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.

SB45-SSA2-SA9,30 Section 30. 302.113 (9) (ag) of the statutes is renumbered 302.113 (9) (ag) (intro.) and amended to read:

SB45-SSA2-SA9,13,15 302.113 (9) (ag) (intro.) In this subsection “reviewing:

SB45-SSA2-SA9,13,18 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.

SB45-SSA2-SA9,31 Section 31. 302.113 (9) (am) of the statutes is renumbered 302.113 (9) (am) 1. and amended to read:

SB45-SSA2-SA9,14,3 302.113 (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

SB45-SSA2-SA9,14,8 (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.

SB45-SSA2-SA9,14,11 (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.

SB45-SSA2-SA9,32 Section 32. 302.113 (9) (b) of the statutes is amended to read:

SB45-SSA2-SA9,14,20 302.113 (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).

SB45-SSA2-SA9,33 Section 33. 302.113 (9) (c) of the statutes is amended to read:

SB45-SSA2-SA9,15,7 302.113 (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.

SB45-SSA2-SA9,34 Section 34. 302.114 (9) (ag) of the statutes is amended to read:

SB45-SSA2-SA9,15,10 302.114 (9) (ag) In this subsection “reviewing authority” has the meaning given in s. 302.113 (9) (ag) 1.

SB45-SSA2-SA9,35 Section 35. 302.27 (1) of the statutes is amended to read:

SB45-SSA2-SA9,15,18 302.27 (1) The department may contract with a local unit of government, as defined in s. 16.957 (1) (k), for temporary housing or detention in county jails, county houses of correction, or tribal jails for persons placed on probation or sentenced to imprisonment in state prisons or to the intensive sanctions program. The rate under any such contract may not exceed $60 $80 per person per day. Nothing in this subsection limits the authority of the department to place persons in jails under s. 301.048 (3) (a) 1.

SB45-SSA2-SA9,36 Section 36. 304.072 (4) of the statutes is amended to read:

SB45-SSA2-SA9,15,24 304.072 (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.

SB45-SSA2-SA9,37 Section 37. 938.357 (3) (d) of the statutes is amended to read:

SB45-SSA2-SA9,16,11 938.357 (3) (d) A juvenile who is placed in a Type 1 juvenile correctional facility under par. (b) or (c) is the financial responsibility of the county department of the county where the juvenile was adjudicated delinquent. The county department shall reimburse the department of corrections at the rate specified under s. 301.26 (4) (d) 2. or 3., whichever is applicable, for the cost of a juvenile’s care while placed in a Type 1 juvenile correctional facility other than the Mendota juvenile treatment center. The county department shall reimburse the department of health services at a rate specified by that department for the cost of a juvenile’s care while placed at the Mendota juvenile treatment center and these payments shall be deposited in the appropriation account under s. 20.435 (2) (gk).

SB45-SSA2-SA9,38 Section 38. 973.01 (3g) of the statutes is repealed.

SB45-SSA2-SA9,39 Section 39. 973.01 (8) (ag) of the statutes is repealed.

SB45-SSA2-SA9,40 Section 40. 973.15 (5) of the statutes is amended to read:

SB45-SSA2-SA9,16,18 973.15 (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.

SB45-SSA2-SA9,41 Section 41. 973.156 of the statutes is created to read:

SB45-SSA2-SA9,16,23 973.156 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.

SB45-SSA2-SA9,17,4 (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.

SB45-SSA2-SA9,17,6 (3) Subsection (2) does not apply to a person who is required to register under s. 301.45.

SB45-SSA2-SA9,17,9 (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.

SB45-SSA2-SA9,17,12 (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.

SB45-SSA2-SA9,9101 Section 9101. Nonstatutory provisions; Administration.

SB45-SSA2-SA9,17,22 (1) Department of corrections Green Bay Correctional Institution classified employees. The director of the bureau of merit recruitment and selection in the division of personnel management in the department of administration is authorized to waive competitive hiring procedures required under ch. 230 for an employee in the classified service at the Green Bay Correctional Institution during the period in which the facility is decommissioned so that the employee may be hired into a different position within the department of corrections if the individual is qualified to perform the duties of the position and the position meets either of the following requirements:

SB45-SSA2-SA9,18,2 (a) The position is assigned to a class having the same pay range as the position in which the individual was employed at the Green Bay Correctional Institution.

SB45-SSA2-SA9,18,5 (b) The position is assigned to a class having a lower pay range than the position in which the individual was employed at the Green Bay Correctional Institution.

SB45-SSA2-SA9,9106 Section 9106. Nonstatutory provisions; Children and Families.

SB45-SSA2-SA9,18,7 (1) Juvenile justice reform review committee.

SB45-SSA2-SA9,18,9 (a) There is created in the department of children and families a juvenile justice reform review committee with members appointed by the governor.

SB45-SSA2-SA9,18,12 (b) The juvenile justice reform review committee shall study and, prior to September 15, 2026, provide recommendations to the department of children and families and the department of corrections on how to do all of the following:

SB45-SSA2-SA9,18,13 1. Increase the minimum age of delinquency.

SB45-SSA2-SA9,18,14 2. Eliminate original adult court jurisdiction over juveniles under s. 938.183.

SB45-SSA2-SA9,18,17 3. Modify the waiver procedure for adult court jurisdiction over juveniles and incorporate offenses currently subject to original adult court jurisdiction into the waiver procedure.

SB45-SSA2-SA9,18,20 4. Eliminate the serious juvenile offender program under s. 938.538 and create extended juvenile court jurisdiction with a blended juvenile and adult sentence structure for certain juvenile offenders.

SB45-SSA2-SA9,18,23 5. Prohibit placement of a juvenile in a juvenile detention facility for a status offense and limit sanctions and short-term holds in a juvenile detention facility to cases where there is a public safety risk.

SB45-SSA2-SA9,18,24 6. Sunset long-term post-disposition programs at juvenile detention facilities.

SB45-SSA2-SA9,19,1 7. Create a sentence adjustment procedure for youthful offenders.

SB45-SSA2-SA9,19,3 8. Conform with the U.S. Constitution the statutes that mandate imposing sentences of life imprisonment without parole or extended supervision to minors.

SB45-SSA2-SA9,19,7 (c) In submitting information under s. 16.42 (1) for purposes of the 2027-29 biennial budget bill, the department of children and families and the department of corrections shall each include a request to implement the juvenile justice reform review committee’s recommendations.

SB45-SSA2-SA9,19,9 (d) The juvenile justice reform review committee terminates on September 15, 2026.

SB45-SSA2-SA9,9108 Section 9108. Nonstatutory provisions; Corrections.

SB45-SSA2-SA9,19,15 (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.

SB45-SSA2-SA9,20,4 (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.

SB45-SSA2-SA9,9137 Section 9137. Nonstatutory provisions; Revenue.

SB45-SSA2-SA9,20,6 (1) Refunds of certain tax payments made for nontaxable tribal land.

SB45-SSA2-SA9,20,7 (a) In this subsection:

SB45-SSA2-SA9,20,10 1. “Claimant” means an individual who paid property taxes levied between 2015 and 2021 on real property exempt from taxation under the 1854 Treaty of La Pointe and who did not pay such taxes under protest.

SB45-SSA2-SA9,20,11 2. “Department” means the department of revenue.

SB45-SSA2-SA9,20,13 (b) Subject to the limitations under this subsection, a claimant is eligible to receive a payment as determined under par. (d).

SB45-SSA2-SA9,20,19 (c) A claimant may file a claim for a payment under this subsection to compensate the claimant for property taxes levied between 2015 and 2021 on real property exempt from taxation under the 1854 Treaty of La Pointe that the claimant paid. The department shall establish procedures for claimants to file a claim for a payment under this subsection. No claimant may make a claim for a payment under this subsection after May 31, 2026.

SB45-SSA2-SA9,20,22 (d) A claimant who files a claim under par. (c) shall receive a payment equal to the amount of property taxes levied between 2015 and 2021 on real property exempt from taxation under the Treaty of La Pointe paid by the claimant.

SB45-SSA2-SA9,21,4 (e) For each payment under this subsection approved by the department, the department shall certify the allowable amount of the payment to the department of administration for payment to the claimant by check, share draft, or other draft drawn from the appropriation account under s. 20.835 (1) (b). The department of administration shall make all payments due under this subsection no later than June 30, 2026.

SB45-SSA2-SA9,9308 Section 9308. Initial applicability; Corrections.

SB45-SSA2-SA9,21,8 (1) Contracts for temporary housing in county jails. The treatment of s. 302.27 (1) first applies to contracts entered into, renewed, or modified on the effective date of this subsection.

SB45-SSA2-SA9,9408 Section 9408. Effective dates; Corrections.

SB45-SSA2-SA9,21,11 (1) Contract payments for placement of juveniles. The repeal of s. 20.410 (3) (ab) takes effect on July 1, 2029.”.

SB45-SSA2-SA9,21,12 (end)