1997 Wisconsin Act 283

283,155 Section 155 . 301.046 (3) (intro.) of the statutes is amended to read:

301.046 (3) Eligibility. (intro.) The department shall determine those prisoners who are confined under sub. (1). Except as provided in sub. subs. (3m) and (3t), a prisoner is eligible for this confinement only under all of the following conditions:

283,156 Section 156 . 301.046 (3t) of the statutes is created to read:

301.046 (3t) Persons serving bifurcated sentence; restricted eligibility. A prisoner serving a bifurcated sentence imposed under s. 973.01 is not eligible for confinement under sub. (1) during the term of confinement in prison portion of the bifurcated sentence.

283,157 Section 157 . 301.048 (1) (a) of the statutes is amended to read:

301.048 (1) (a) Punishment that is less costly than ordinary imprisonment and more restrictive than ordinary probation or parole supervision or extended supervision.

283,158 Section 158 . 301.048 (2) (b) of the statutes is amended to read:

301.048 (2) (b) He or she is a prisoner serving a felony sentence not punishable by life imprisonment and the department directs him or her to participate in the program. This paragraph does not apply to a prisoner serving a bifurcated sentence imposed under s. 973.01.

283,159 Section 159 . 301.048 (2) (cm) of the statutes is created to read:

301.048 (2) (cm) A court or the department requires his or her participation in the program as a condition of extended supervision under s. 302.113 (7) or 302.114 (5) (d) or (8) or 973.01 (5).

283,160 Section 160 . 301.048 (2) (d) of the statutes is amended to read:

301.048 (2) (d) The department and the person agree to his or her participation in the program as an alternative to revocation of probation, extended supervision or parole.

283,161 Section 161 . 301.048 (2m) of the statutes is created to read:

301.048 (2m) Persons serving bifurcated sentence; restricted eligibility. A prisoner serving a bifurcated sentence imposed under s. 973.01 is not eligible for the intensive sanctions program during the term of confinement in prison portion of the bifurcated sentence.

283,162 Section 162 . 301.048 (4) (a) of the statutes is amended to read:

301.048 (4) (a) A participant is in the custody and under the control of the department, subject to its rules and discipline. A participant entering the program under sub. (2) (a) or (b) is a prisoner. A participant entering the program under sub. (2) (c) is a prisoner, except that he or she is a parolee for purposes of revocation. A participant entering the program under sub. (2) (cm) is a prisoner, except that he or she remains a person on extended supervision for purposes of revocation. A participant entering the program under sub. (2) (d) is a prisoner, except that he or she remains a probationer or, parolee or person on extended supervision, whichever is applicable, for purposes of revocation.

283,163 Section 163 . 301.048 (4) (am) of the statutes is amended to read:

301.048 (4) (am) A participant who is a parolee for purposes of revocation is subject to revocation for violation of any condition of parole or any rule or condition applicable because he or she is a program participant. A participant who is a person on extended supervision for purposes of revocation is subject to revocation for violation of any condition of extended supervision or any rule or condition applicable because he or she is a program participant. A participant who is a probationer for purposes of revocation is subject to revocation for violation of any condition of probation or any rule or condition applicable because he or she is a program participant.

283,164 Section 164 . 301.048 (4m) (b) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (Assembly Bill 342), is amended to read:

301.048 (4m) (b) (intro.) As soon as possible after a prisoner, probationer or, parolee or person on extended supervision who has violated s. 940.03, 940.05, 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06 or 948.07 enters the intensive sanctions program, the department shall make a reasonable attempt to notify all of the following persons, if they can be found, in accordance with par. (c) and after receiving a completed card under par. (d):

283,165 Section 165 . 301.048 (4m) (b) 1. of the statutes is amended to read:

301.048 (4m) (b) 1. The victim of the crime committed by the prisoner, probationer or, parolee or person on extended supervision or, if the victim died as a result of the crime, an adult member of the victim's family or, if the victim is younger than 18 years old, the victim's parent or legal guardian.

283,166 Section 166 . 301.048 (4m) (b) 2. of the statutes is amended to read:

301.048 (4m) (b) 2. Any witness who testified against the prisoner, probationer or, parolee or person on extended supervision in any court proceeding involving the offense.

283,167 Section 167 . 301.048 (6) of the statutes is renumbered 301.048 (6) (a) and amended to read:

301.048 (6) (a) The Except as provided in par. (b), the department may discharge a participant from participation in the program and from departmental custody and control at any time.

283,168 Section 168 . 301.048 (6) (b) of the statutes is created to read:

301.048 (6) (b) The department may discharge a participant who is on extended supervision under s. 302.113 from participation in the program at any time, but the person remains under departmental supervision under the terms of the person's bifurcated sentence imposed under s. 973.01 until the end of that sentence.

283,169 Section 169 . 301.049 (2) (a) 2. of the statutes is amended to read:

301.049 (2) (a) 2. On probation, extended supervision or parole and who, if approved by the department under par. (b), would participate in the program as an alternative to revocation of probation, extended supervision or parole.

283,170 Section 170 . 301.049 (3) (e) of the statutes is amended to read:

301.049 (3) (e) Prepare each mother to be able to live in a safe, lawful and stable manner in the community upon parole, extended supervision or discharge.

283,171 Section 171 . 301.08 (1) (c) 2., 3., 3m. and 5. of the statutes, as affected by 1997 Wisconsin Act 27, are amended to read:

301.08 (1) (c) 2. Beginning on January 1, 1996, the department may contract with public, private or voluntary vendors for the supervision or for any component of the supervision of probationers and, parolees and persons on extended supervision who are under minimum supervision or administrative supervision.

3. Except as provided in subd. 3m., a contract under subd. 2. shall authorize a vendor to charge a fee to probationers and, parolees and persons on extended supervision sufficient to cover the cost of supervision and administration of the contract.

3m. A contract under subd. 2. shall permit the department to prohibit a vendor from charging a fee to a probationer or, parolee or person on extended supervision who is supervised under the contract if the probationer or , parolee or person on extended supervision demonstrates that he or she is unable to pay the fee because of any of the following:

a. The probationer or, parolee or person on extended supervision is undergoing treatment approved by the department and is unable to work.

b. The probationer or, parolee or person on extended supervision has a statement from a physician certifying to the department that the probationer or, parolee or person on extended supervision should be excused from working for medical reasons.

5. The department shall promulgate rules for fees, collections, reporting and verification regarding probationers and, parolees and persons on extended supervision supervised by a vendor who contracts with the department under subd. 2. and shall promulgate rules defining “administrative supervision" and “minimum supervision".

283,172 Section 172 . 301.08 (3) (b) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

301.08 (3) (b) (intro.) Before contracting under this section for transitional housing for the temporary placement of persons on parole, extended supervision or probation, the department shall notify all of the following of the proposed contract:

283,173 Section 173 . 301.132 (2) of the statutes is amended to read:

301.132 (2) The department may require, as a condition of probation or, parole or extended supervision, that a probationer or, parolee or person on extended supervision who is a sex offender submit to a lie detector test when directed to do so by the department.

283,174 Section 174 . 301.132 (3) of the statutes is amended to read:

301.132 (3) The department shall promulgate rules establishing a lie detector test program for probationers and, parolees and persons on extended supervision who are sex offenders. The rules shall provide for assessment of fees upon probationers and, parolees and persons on extended supervision to partially offset the costs of the program.

283,175 Section 175 . 301.21 (1m) (a) 8. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

301.21 (1m) (a) 8. Provisions concerning procedures for probation, parole, extended supervision and discharge.

283,176 Section 176 . 301.21 (2m) (a) 6. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

301.21 (2m) (a) 6. Provisions concerning procedures for probation, parole, extended supervision and discharge.

283,177 Section 177 . 301.32 (3) (a) of the statutes is amended to read:

301.32 (3) (a) All money or other property paid or delivered to a probation, extended supervision and parole agent or other employe of the department by or for the benefit of any person on probation, extended supervision or parole shall be immediately transmitted to the department and it shall enter the same upon its books to his or her credit. The property shall be used only under the direction of the department.

283,178 Section 178 . 301.32 (3) (b) of the statutes is amended to read:

301.32 (3) (b) If the person on probation, extended supervision or parole absconds, the money shall be credited to the revolving fund created by s. 304.075; and other property if not called for within one year shall be sold by the department and the proceeds shall be credited to the fund.

283,179 Section 179 . 301.35 (2) (bm) of the statutes is created to read:

301.35 (2) (bm) A person on extended supervision.

283,180 Section 180 . 301.38 (1) (am) of the statutes is amended to read:

301.38 (1) (am) “Prisoner" has the meaning given in s. 301.01 (2), but does not include any person in the intensive sanctions program under s. 301.048 or any person who is imprisoned as an alternative to the revocation of probation, extended supervision or parole.

283,181 Section 181 . 301.45 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

301.45 (1) (b) Is in prison, a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or on probation, extended supervision, parole, supervision or aftercare supervision on or after December 25, 1993, for any violation, or for the solicitation, conspiracy or attempt to commit any violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30, or of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent.

283,182 Section 182 . 301.45 (1) (bm) of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

301.45 (1) (bm) Is in prison, a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or on probation, extended supervision, parole, supervision or aftercare supervision on or after December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of a law of this state that is comparable to s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30 or that is comparable to a violation of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent.

283,183 Section 183 . 301.45 (1) (dh) of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

301.45 (1) (dh) Is on parole, extended supervision or probation in this state from another state under s. 304.13 or 304.135 on or after December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of the law of another state that is comparable to a violation of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30 or that is comparable to a violation of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent.

283,184 Section 184 . 301.45 (2) (a) 4. b. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

301.45 (2) (a) 4. b. The date the person was or is to be released from confinement, whether on parole, extended supervision or otherwise, or discharged or terminated from a sentence or commitment.

283,185 Section 185 . 301.45 (2) (e) 1. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

301.45 (2) (e) 1. Within 10 days after the person being placed on parole, extended supervision, probation, supervision, aftercare supervision, conditional release or supervised release.

283,186 Section 186 . 301.45 (2) (e) 2. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

301.45 (2) (e) 2. If the person is on parole, extended supervision or probation from another state under s. 304.13 or 304.135, within 10 days after the person enters this state.

283,187 Section 187 . 301.45 (3) (a) 1m. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

301.45 (3) (a) 1m. If the person is on parole , extended supervision or probation from another state under s. 304.13 or 304.135, he or she is subject to this subsection upon entering this state.

283,188 Section 188 . 301.45 (3) (a) 2. of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

301.45 (3) (a) 2. If the person has been sentenced to prison or placed in a secured correctional facility or a secured child caring institution, he or she is subject to this subsection upon being released on parole, extended supervision or aftercare supervision.

283,189 Section 189 . 301.45 (3) (b) 2. of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

301.45 (3) (b) 2. The department shall notify a person who is being released from prison because he or she has reached the expiration date of his or her sentence and who is covered under sub. (1) of the need to comply with this section. Also, probation, extended supervision and parole agents, aftercare agents and agencies providing supervision shall notify any client who is covered under sub. (1) of the need to comply with this section at the time the client is placed on probation, extended supervision, parole, supervision or aftercare supervision or, if the client is on probation, extended supervision or parole from another state under s. 304.13 or 304.135, when the client enters this state.

283,190 Section 190 . 301.45 (3) (b) 4. of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

301.45 (3) (b) 4. Failure to receive notice under this paragraph from the department of health and family services, the department of corrections, a probation, extended supervision and parole agent, an aftercare agent or an agency providing supervision is not a defense to liability under sub. (6).

283,191 Section 191 . 301.45 (5) (a) 1m. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

301.45 (5) (a) 1m. If the person is on parole , extended supervision or probation from another state under s. 304.13 or 304.135, 15 years after discharge from that parole, extended supervision or probation.

283,192 Section 192 . 301.46 (2) (b) 4. b. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

301.46 (2) (b) 4. b. The date the person was released from confinement, whether on parole, extended supervision or otherwise, or discharged or terminated from a sentence or commitment.

283,193 Section 193 . 302.045 (1) of the statutes is amended to read:

302.045 (1) Program. The department shall provide a challenge incarceration program for inmates selected to participate under sub. (2). The program shall provide participants with strenuous physical exercise, manual labor, personal development counseling, substance abuse treatment and education, military drill and ceremony and counseling in preparation for release on parole or extended supervision. The department shall design the program to include not less than 50 participants at a time and so that a participant may complete the program in not more than 180 days. The department may restrict participant privileges as necessary to maintain discipline.

283,194 Section 194 . 302.045 (2) (cm) of the statutes is created to read:

302.045 (2) (cm) If the inmate is serving a bifurcated sentence imposed under s. 973.01, the sentencing court decided under s. 973.01 (3m) that the inmate is eligible for the challenge incarceration program.

283,195 Section 195 . 302.045 (3) of the statutes is amended to read:

302.045 (3) Parole eligibility. Except as provided in sub. (4), if the department determines that an inmate has successfully completed the challenge incarceration program, the parole commission shall parole the inmate under s. 304.06, regardless of the time the inmate has served, unless the person is serving a sentence imposed under s. 973.01. When the parole commission grants parole under this subsection, it must require the parolee to participate in an intensive supervision program for drug abusers as a condition of parole.

283,196 Section 196 . 302.045 (3m) of the statutes is created to read:

302.045 (3m) Release to extended supervision. (a) Except as provided in sub. (4), if the department determines that an inmate serving the term of confinement in prison portion of a bifurcated sentence imposed under s. 973.01 has successfully completed the challenge incarceration program, the department shall inform the court that sentenced the inmate.