Bearing Down on the Budget: The Upcoming Biennium at a
Glance
By Jennifer Boese
Feb. 12, 1997, marked the official unveiling of Gov. Thompson's
1997-98 budget. Traditionally thought of as a finance bill, this
2,000-plus page document continues the recent trend of incorporating
more and more substantive policy items in with the dollars and cents of
running state government.
Last biennium the fierce debate over some policy initiatives resulted
in their removal from the budget and introduction as separate pieces of
legislation. This budget again contains policy items ranging from
agriculture to veterans affairs that will require legislative and public
scrutiny. Here's a look at a few of the most significant policy items in
the 1997-98 budget.
Crime and corrections
Among the most obvious changes in the governor's budget are the broad
reforms made concerning crime. Coined as the Truth-in-Sentencing
initiative, considerable alterations are made to current sentencing,
probation and parole procedures in Wisconsin.
An idea that has been growing in popularity over the last several
years, Truth-in-Sentencing is a direct outgrowth of political and
practical realities of the crime dilemma. At the federal level, the
demand for action resulted in enacting the "Crime Bill of 1994," which
included federal grants for states seeking to initiate
Truth-in-Sentencing programs. States such as Arizona, Missouri and North
Carolina have already adopted variations of Truth-in-Sentencing, with
Wisconsin about to do the same.
Under the governor's plan, Wisconsin's Truth-in-Sentencing initiative
would include a "bifurcated" sentence: a sentence including an actual
prison term followed by a period of community supervision (equaling at
least 25 percent of the prison term but not longer than the maximum term
allowable under law). Additionally, if an offender violates the
conditions of community supervision, that individual may be returned to
prison to serve more time (again, not longer than the maximum prison
term allowable under the law). The budget also proposes significant
increases in the maximum term of imprisonment in a series of felony
classes:
- Class B felony - increase from 40 to 60 years
- Class BC felony - increase from 20 to 30 years
- Class C felony - increase from 10 to 15 years
- Class D felony - increase from 5 to 10 years
- Class E felony - increase from 2 to 5 years
- controlled substances - increases maximum term of sentences by 50
percent or one year, whichever is greater
- increases threshold for making crime of theft a felony from $1,000
to $1,500 (also provides for forgery, if under the new amount, to be a
misdemeanor).
Finally, the budget provides that under a life imprisonment sentence,
a judge must do one of three things: provide for community supervision
upon serving 20 years, set a future date for eligibility sometime after
serving 20 years or deny a community supervision option altogether.
Child support
The second important initiative in the governor's budget increases
child support and maintenance collections in Wisconsin. To increase
collections and comply with federal law, the budget establishes a system
under which occupational, drivers, recreational and professional
licenses or permits are withheld, nonrenewed, restricted or suspended
for failure to make court-ordered payments.
Although Wisconsin already has established itself as a national
leader in such collections, under the federal Personal Responsibility
and Work Opportunity Act of 1996 states are required to nonrenew, revoke
or suspend licenses for failure to comply with court-ordered payments.
The individual is, however, allowed 20 days in which to request a
hearing on the matter.
The budget also provides for the enforcement of a lien upon all
property of a person in arrears. Again, the individual has 20 days in
which a court hearing may be requested. Furthermore, the budget provides
for a levy against the property of the obligor for enforcing these
liens. The levy may be against the obligor's financial accounts,
personal property or real property, with the levy extending to any
property held jointly by third parties.
Additional child support provisions:
- change the presumption of paternity, voluntary acknowledgment of
paternity and probable cause paternity provisions;
- allow for support intercept from retirement plans; and
- create a segregated support collections trust fund to be the
depository of all support collected.
Education
From interdistrict choice, charter school and school-to-work programs
to creating a standards development council within the governor's
office, the focus on education is evident.
The desire to prepare Wisconsin schools and students for the 21st
century led to the proposed board on technology for educational
achievement in Wisconsin, whose goal is to promote the implementation,
installation and maintenance of educational technology in schools. The
budget includes funding for these technology projects through
allocations of state money and a subsidized educational technology
infrastructure loan program.
Additional education provisions:
- school aid formula to go sum certain for biennium; and
- authorizes the U.W. Board of Regents to exceed previously set
salaries of certain university positions.
Other notable provisions:
- Creates a $20 delinquency victim and witness assistance surcharge on
juveniles adjudicated delinquent (similar to what is currently imposed
in adult court);
- increases justice information system fee: currently at $5 with 80
percent going to automated justice information systems. Will increase to
$7 with approximately 57 percent to go to automated justice systems;
- removes requirement that Director of State Courts must establish and
charge fees to certain court-related agencies for providing data
processing services;
- creates four assistant DA positions - one each in Brown, Dane,
Marathon and Milwaukee counties, to work on sexually violent person
commitment law;
- allows in jointly held or Payable-on-Death (P.O.D.) accounts that
state may collect for Medical Assistance (MA) paid on behalf of decedent
by a transfer of affidavit process rather than through probate
(limitations apply);
- lifts monthly limit for MA reimbursement for home health care,
personal care and private-duty nursing services;
- creates new appeal process under MA program;
- creates right to review by patients (mental illness) if not found
incompetent;
- provides for the Milwaukee County child welfare system to be
administered by the Department of Health and Family Services;
- hanges Milwaukee County police arbitration laws;
- increases the cigarette tax by 5 cents per pack;
- extends sales tax to coin-operated laundry services and certain
telecommunications services, among others; and
- initiates $20 million in fund grants for "brownfields," property
currently contaminated where owner finds cost too prohibitive for
immediate clean-up; creates a "brownfield" loan guarantee program within
the Wisconsin Housing and Economic Development Association.
Jennifer Boese is the State Bar's
government relations coordinator.
Wisconsin Lawyer