Amendment SA9-SSA2-SB45

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-SA9,1,1 At the locations indicated, amend the substitute amendment as follows:

SB45-SSA2-SA9,1,3 1. At the appropriate place, insert the schedule for s. 20.410 from 2025 Senate Bill 45 covering the department of corrections.

SB45-SSA2-SA9,1,4 2. At the appropriate place, insert all of the following:

SB45-SSA2-SA9,1,5 “Section 9108. Nonstatutory provisions; Corrections.

SB45-SSA2-SA9,1,7 (1) Position authorizations. The authorized positions for the department of corrections are increased as provided in 2025 Senate Bill 45.”.

SB45-SSA2-SA9,1,8 3. At the appropriate places, insert all of the following:

SB45-SSA2-SA9,1,9 “Section 1. 15.145 (title) of the statutes is amended to read:

SB45-SSA2-SA9,1,11 15.145 (title) Same; attached boards, commissions, and councils, and offices.

SB45-SSA2-SA9,2 Section 2. 15.145 (7) of the statutes is created to read:

SB45-SSA2-SA9,2,7 15.145 (7) Office of the ombudsperson for corrections. There is created an office of the ombudsperson for corrections, attached to the department of corrections under s. 15.03. The office shall be under the direction and supervision of an ombudsperson who shall be nominated by the governor, with the advice and consent of three-fourths of members elected to the senate appointed, and may be removed only by the governor for just cause.

SB45-SSA2-SA9,3 Section 3. 20.410 (3) (ab) of the statutes is created to read:

SB45-SSA2-SA9,2,12 20.410 (3) (ab) Contract payments for placement of juveniles. A sum sufficient, not to exceed $20,000,000 in each fiscal year, for payments made in accordance with contracts for placement of juveniles who are under the supervision of the department of corrections under ch. 938.

SB45-SSA2-SA9,4 Section 4. 20.410 (3) (ab) of the statutes, as created by 2025 Wisconsin Act ... (this act), is repealed.

SB45-SSA2-SA9,5 Section 5. 20.410 (4) of the statutes is created to read:

SB45-SSA2-SA9,2,18 20.410 (4) Office of the ombudsperson for corrections. (a) General program operations. The amounts in the schedule for the general program operations of the office of the ombudsperson for corrections.

SB45-SSA2-SA9,2,20 (i) Gifts and grants. All moneys received from gifts and grants to carry out the purposes for which made.

SB45-SSA2-SA9,2,22 (k) Interagency and intra-agency assistance. All moneys received from the department or any other state agency to carry out the purposes for which received.

SB45-SSA2-SA9,2,24 (m) Federal aid. All moneys received as federal aid as authorized by the governor under s. 16.54 to carry out the purposes for which received.

SB45-SSA2-SA9,6 Section 6. 20.835 (1) (b) of the statutes is created to read:

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.