AB465: Bill Text

AB465,63,9 (e) At a hearing scheduled under par. (d), the inmate has the burden of proving by the greater weight of the credible evidence that a modification of the bifurcated sentence in the manner specified in par. (f) would serve the public interest. If the inmate proves that a modification of the bifurcated sentence in the manner specified in par. (f) would serve the public interest, the court shall modify the inmate's bifurcated sentence in that manner. If the inmate does not prove that a modification of the bifurcated sentence in the manner specified in par. (f) would serve the public interest, the court shall deny the inmate's petition for modification of the bifurcated sentence.

AB465,63,11 (f) A court may modify an inmate's bifurcated sentence under this section only as follows:

AB465,63,15 1. The court shall reduce the term of confinement in prison portion of the inmate's bifurcated sentence in a manner that provides for the release of the inmate to extended supervision within 30 days after the date on which the court issues its order modifying the bifurcated sentence.

AB465,63,17 2. The court shall lengthen the term of extended supervision imposed so that the total length of the bifurcated sentence originally imposed does not change.

AB465,63,18 (g) 1. In this paragraph, "victim" has the meaning given in s. 950.02 (4).

AB465,64,2 2. When a court sets a hearing date under par. (d), the clerk of the circuit court shall send a notice of hearing to the victim of the crime committed by the inmate, if the victim has submitted a card under subd. 3. requesting notification. The notice shall inform the victim that he or she may appear at the hearing scheduled under par. (d) and shall inform the victim of the manner in which he or she may provide a statement concerning the modification of the inmate's bifurcated sentence in the manner provided in par. (f). The clerk of the circuit court shall make a reasonable attempt to send the notice of hearing to the last-known address of the inmate's victim, postmarked at least 10 days before the date of the hearing.

AB465,64,12 3. The director of state courts shall design and prepare cards for a victim to send to the clerk of the circuit court for the county in which the inmate was convicted and sentenced. The cards shall have space for a victim to provide his or her name and address, the name of the applicable inmate and any other information that the director of state courts determines is necessary. The director of state courts shall provide the cards, without charge, to clerks of circuit court. Clerks of circuit court shall provide the cards, without charge, to victims. Victims may send completed cards to the clerk of the circuit court for the county in which the inmate was convicted and sentenced. All court records or portions of records that relate to mailing addresses of victims are not subject to inspection or copying under s. 19.35 (1).

AB465,64,19 (h) An inmate may appeal a court's decision to deny the inmate's petition for modification of his or her bifurcated sentence. The state may appeal a court's decision to grant an inmate's petition for a modification of the inmate's bifurcated sentence. In an appeal under this paragraph, the appellate court may reverse a decision granting or denying a petition for modification of a bifurcated sentence only if it determines that the sentencing court erroneously exercised its discretion in granting or denying the petition.

AB465,64,25 (i) If the program review committee denies an inmate's petition under par. (c), the inmate may not file another petition within one year after the date of the program review committee's denial. If the program review committee approves an inmate's petition for referral to the sentencing court under par. (c) but the sentencing court denies the petition, the inmate may not file another petition under par. (c) within one year after the date of the court's decision.

AB465,65,9 (j) An inmate eligible to seek modification of his or her bifurcated sentence under this subsection has a right to be represented by counsel in proceedings under this subsection. An inmate, or the department on the inmate's behalf, may apply to the state public defender for determination of indigency and appointment of counsel under s. 977.05 (4) (jm) before or after the filing of a petition with the program review committee under par. (c). If an inmate whose petition has been referred to the court under par. (c) is without counsel, the court shall refer the matter to the state public defender for determination of indigency and appointment of counsel under s. 977.05 (4) (jm).

AB465, s. 144 Section 144. 302.114 (5) (f) of the statutes is amended to read:

AB465,65,15 302.114 (5) (f) An inmate may appeal an order denying his or her petition for release to extended supervision. In an appeal under this paragraph, the appellate court may reverse an order denying a petition for release to extended supervision only if it determines that the sentencing court improperly erroneously exercised its discretion in denying the petition for release to extended supervision.

AB465, s. 145 Section 145. 302.114 (6) (b) of the statutes is amended to read:

AB465,65,21 302.114 (6) (b) If an inmate petitions a court under sub. (5) or (9) (b) (bm) for release to extended supervision under this section, the clerk of the circuit court in which the petition is filed shall send a copy of the petition and, if a hearing is scheduled, a notice of hearing to the victim of the crime committed by the inmate, if the victim has submitted a card under par. (e) requesting notification.

AB465, s. 146 Section 146. 302.114 (6) (c) of the statutes is amended to read:

AB465,66,2 302.114 (6) (c) The notice under par. (b) shall inform the victim that he or she may appear at the hearing under sub. (5) or (9) (b) (bm), if a hearing is scheduled, and shall inform the victim of the manner in which he or she may provide written statements concerning the inmate's petition for release to extended supervision.

AB465, s. 147 Section 147. 302.114 (8m) of the statutes is created to read:

AB465,66,8 302.114 (8m) (a) Every person released to extended supervision under this section remains in the legal custody of the department. If the department alleges that any condition or rule of extended supervision has been violated by the person, the department may take physical custody of the person for the investigation of the alleged violation.

AB465,66,17 (b) If a person released to extended supervision under this section signs a statement admitting a violation of a condition or rule of extended supervision, the department may, as a sanction for the violation, confine the person for up to 90 days in a regional detention facility or, with the approval of the sheriff, in a county jail. If the department confines the person in a county jail under this paragraph, the department shall reimburse the county for its actual costs in confining the person from the appropriations under s. 20.410 (1) (ab) and (b). Notwithstanding s. 302.43, the person is not eligible to earn good time credit on any period of confinement imposed under this subsection.

AB465, s. 148 Section 148. 302.114 (9) of the statutes is amended to read:

AB465,67,5 302.114 (9) (a) If a person released to extended supervision under this section violates a condition of extended supervision, 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, may revoke the extended supervision of the person and return the person to prison. If the extended supervision of the person is revoked, the person shall be returned to the circuit court for the county in which the person was convicted of the offense for which he or she was on extended supervision, and the court shall order the person to be returned to prison, he or she shall be returned to prison for a specified period of time, as provided under par. (b) before he or she is eligible for being released again to extended supervision. The period of time specified under this paragraph may not be less than 5 years and may be extended in accordance with sub. (3).

AB465,67,13 (b) If When a person is returned to prison court under par. (a) after revocation of extended supervision, the department of corrections, in the case of a waiver, or the division of hearings and appeals in the department of administration , in the case of a hearing under par. (a), shall specify a make a recommendation to the court concerning the period of time for which the person shall be incarcerated should be returned to prison before being eligible for release to extended supervision. The period of time specified recommended under this paragraph may not be less than 5 years and may be extended in accordance with sub. (3).

AB465,67,24 (bm) A person who is returned to prison under par. (a) after revocation of extended supervision may, upon petition to the sentencing court, be released to extended supervision after he or she has served the entire period of time specified in by the court under par. (b) (a), including any periods of extension imposed under sub. (3). A person may not file a petition under this paragraph earlier than 90 days before the date on which he or she is eligible to be released to extended supervision. If a person files a petition for release to extended supervision under this paragraph at any time earlier than 90 days before the date on which he or she is eligible to be released to extended supervision, the court shall deny the petition without a hearing. The procedures specified in sub. (5) (am) to (f) apply to a petition filed under this paragraph.

AB465,68,3 (c) A person who is subsequently released to extended supervision under par. (b) (bm) is subject to all conditions and rules under sub. (8) until the expiration of the sentence.

AB465, s. 149 Section 149. 302.114 (9) (d) of the statutes is created to read:

AB465,68,10 302.114 (9) (d) In any case in which there is a hearing before the division of hearings and appeals in the department of administration concerning whether to revoke a person's extended supervision, the person on extended supervision may seek review of a decision to revoke extended supervision and the department of corrections may seek review of a decision to not revoke extended supervision. Review of a decision under this paragraph may be sought only by an action for certiorari.

AB465, s. 150 Section 150. 302.33 (1) of the statutes is amended to read:

AB465,68,19 302.33 (1) The maintenance of persons who have been sentenced to the state penal institutions; persons in the custody of the department, except as provided in sub. (2) and s. ss. 301.048 (7), 302.113 (8m) and 302.114 (8m); persons accused of crime and committed for trial; persons committed for the nonpayment of fines and expenses; and persons sentenced to imprisonment therein, while in the county jail, shall be paid out of the county treasury. No claim may be allowed to any sheriff for keeping or boarding any person in the county jail unless the person was lawfully detained therein.

AB465, s. 151 Section 151. 303.065 (1) (b) 1. of the statutes is amended to read:

AB465,68,25 303.065 (1) (b) 1. A person serving a life sentence, other than a life sentence specified in subd. 2., may be considered for work release only after he or she has reached parole eligibility under s. 304.06 (1) (b) or 973.014 (1) (a) or (b), whichever is applicable, or he or she has reached his or her extended supervision eligibility date under s. 302.114 (9) (b) (a) or 973.014 (1g) (a) 1. or 2., whichever is applicable.

AB465, s. 152 Section 152. 303.08 (1) (intro.) of the statutes is amended to read:

AB465,69,5 303.08 (1) (intro.) Any person sentenced to a county jail for crime, nonpayment of a fine or forfeiture, or contempt of court, or subject to a confinement sanction under s. 302.113 (8m) or 302.114 (8m) may be granted the privilege of leaving the jail during necessary and reasonable hours for any of the following purposes:

AB465, s. 153 Section 153. 303.08 (2) of the statutes is amended to read:

AB465,69,13 303.08 (2) Unless such privilege is expressly granted by the court or, in the case of a person subject to a confinement sanction under s. 302.113 (8m) or 302.114 (8m), the department, the prisoner person is sentenced to ordinary confinement. The A prisoner, other than a person subject to a confinement sanction under s. 302.113 (8m) or 302.114 (8m), may petition the court for such privilege at the time of sentence or thereafter, and in the discretion of the court may renew the prisoner's petition. The court may withdraw the privilege at any time by order entered with or without notice.

AB465, s. 154 Section 154. 303.08 (5) (intro.) of the statutes is amended to read:

AB465,69,19 303.08 (5) (intro.) By order of the court or, for a person subject to a confinement sanction under s. 302.113 (8m) or 302.114 (8m), by order of the department, the wages, salary and unemployment insurance and employment training benefits received by prisoners shall be disbursed by the sheriff for the following purposes, in the order stated:

AB465, s. 155 Section 155. 303.08 (6) of the statutes is amended to read:

AB465,70,2 303.08 (6) The department, for a person subject to a confinement sanction under s. 302.113 (8m) or 302.114 (8m), or the sentencing court may, by order, may authorize the sheriff to whom the prisoner is committed to arrange with another sheriff for the employment or employment training of the prisoner in the other's county, and while so employed or trained to be in the other's custody but in other respects to be and continue subject to the commitment.

AB465, s. 156 Section 156. 303.08 (12) of the statutes is amended to read:

AB465,70,8 303.08 (12) In counties having a house of correction, any person violating the privilege granted under sub. (1) may be transferred by the county jailer to the house of correction for the remainder of the term of the person's sentence or, if applicable, the remainder of the person's confinement sanction under s. 302.113 (8m) or 302.114 (8m).

AB465, s. 157 Section 157. 304.06 (1) (b) of the statutes is amended to read:

AB465,70,24 304.06 (1) (b) Except as provided in s. 961.49 (2), 1997 stats., sub. (1m) or s. 302.045 (3), 961.49 (2), 973.01 (6) or 973.0135, the parole commission may parole an inmate of the Wisconsin state prisons or any felon or any person serving at least one year or more in a county house of correction or a county reforestation camp organized under s. 303.07, when he or she has served 25% of the sentence imposed for the offense, or 6 months, whichever is greater. Except as provided in s. 939.62 (2m) (c) or 973.014 (1) (b) or (c), (1g) or (2), the parole commission may parole an inmate serving a life term when he or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject to extension under s. 302.11 (1q) and (2), if applicable. The person serving the life term shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary may grant special action parole releases under s. 304.02. The department or the parole commission shall not provide any convicted offender or other person sentenced to the department's custody any parole eligibility or evaluation until the person has been confined at least 60 days following sentencing.

AB465, s. 158 Section 158. 304.071 (2) of the statutes is amended to read:

AB465,71,3 304.071 (2) If a prisoner is not eligible for parole under s. 961.49 (2), 1997 stats., or s. 939.62 (2m) (c), 961.49 (2), 973.01 (6), 973.014 (1) (c) or (1g) or 973.032 (5), he or she is not eligible for parole under this section.

AB465, s. 159 Section 159. 341.605 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,71,8 341.605 (3) Whoever violates sub. (1) or (2) may be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months, or both, for each violation is guilty of a Class H felony.

AB465, s. 160 Section 160. 342.06 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,71,13 342.06 (2) Any person who knowingly makes a false statement in an application for a certificate of title may be fined not more than $5,000 or imprisoned not more than 7 years and 6 months or both is guilty of a Class H felony.

AB465, s. 161 Section 161. 342.065 (4) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,71,18 342.065 (4) (b) Any person who violates sub. (1) with intent to defraud may be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

AB465, s. 162 Section 162. 342.155 (4) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,71,23 342.155 (4) (b) Any person who violates this section with intent to defraud may be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months or both is guilty of Class H felony.

AB465, s. 163 Section 163. 342.156 (6) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,72,3 342.156 (6) (b) Any person who violates this section with intent to defraud may be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

AB465, s. 164 Section 164. 342.30 (3) (a) of the statutes is amended to read:

AB465,72,7 342.30 (3) (a) Any person who violates sub. (1g) may be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

AB465, s. 165 Section 165. 342.32 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,72,12 342.32 (3) Whoever violates sub. (1) or (2) may be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months, or both, for each violation is guilty of a Class H felony.

AB465, s. 166 Section 166. 343.31 (1) (i) of the statutes is amended to read:

AB465,72,15 343.31 (1) (i) Knowingly fleeing or attempting to elude a traffic officer under s. 346.04 (3).

AB465, s. 167 Section 167. 343.31 (3) (d) (intro.) of the statutes is amended to read:

AB465,72,19 343.31 (3) (d) (intro.) Any person convicted of knowingly fleeing or attempting to elude a traffic officer under s. 346.04 (3) shall have his or her operating privilege revoked as follows:

AB465, s. 168 Section 168. 343.44 (2) (b) (intro.) of the statutes, as affected by 1997 Wisconsin Act 84, is amended to read:

AB465,73,2 343.44 (2) (b) (intro.) Except as provided in par. (am), any person who violates sub. (1) (b), (c) or (d) shall be fined not more than $2,500 or imprisoned for not more than one year in the county jail or both. In imposing a sentence under this paragraph, or a local ordinance in conformity with this paragraph, the court shall review the record and consider the following:

AB465, s. 169 Section 169. 344.48 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,73,6 344.48 (2) Any person violating this section may be fined not more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both.

AB465, s. 170 Section 170. 346.04 (2t) of the statutes is created to read:

AB465,73,11 346.04 (2t) No operator of a vehicle, after having received a visible or audible signal to stop his or her vehicle from a traffic officer or marked police vehicle, shall knowingly resist the traffic officer by failing to stop his or her vehicle as promptly as safety reasonably permits.

AB465, s. 171 Section 171. 346.04 (4) of the statutes is created to read:

AB465,73,15 346.04 (4) Subsection (2t) is not an included offense of sub. (3), but a person may not be convicted of violating both subs. (2t) and (3) for acts arising out of the same incident or occurrence.

AB465, s. 172 Section 172. 346.17 (2t) of the statutes is created to read:

AB465,73,18 346.17 (2t) Any person violating s. 346.04 (2t) may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

AB465, s. 173 Section 173. 346.17 (3) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,73,23 346.17 (3) (a) Except as provided in par. (b), (c) or (d), any person violating s. 346.04 (3) shall be fined not less than $600 nor more than $10,000 and may be imprisoned for not more than 3 years is guilty of a Class I felony.

AB465, s. 174 Section 174. 346.17 (3) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,74,4 346.17 (3) (b) If the violation results in bodily harm, as defined in s. 939.22 (4), to another, or causes damage to the property of another, as defined in s. 939.22 (28), the person shall be fined not less than $1,000 nor more than $10,000 and may be imprisoned for not more than 3 years is guilty of a Class H felony.

AB465, s. 175 Section 175. 346.17 (3) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,74,9 346.17 (3) (c) If the violation results in great bodily harm, as defined in s. 939.22 (14), to another, the person shall be fined not less than $1,100 nor more than $10,000 and may be imprisoned for not more than 3 years is guilty of a Class F felony.

AB465, s. 176 Section 176. 346.17 (3) (d) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,74,14 346.17 (3) (d) If the violation results in the death of another, the person shall be fined not less than $1,100 nor more than $10,000 and may be imprisoned for not more than 7 years and 6 months is guilty of a Class E felony.

AB465, s. 177 Section 177. 346.175 (1) (a) of the statutes is amended to read:

AB465,74,18 346.175 (1) (a) Subject to s. 346.01 (2), the owner of a vehicle involved in a violation of s. 346.04 (2t) or (3) for fleeing a traffic officer shall be presumed liable for the violation as provided in this section.

AB465, s. 178 Section 178. 346.175 (1) (b) of the statutes is amended to read:

AB465,74,24 346.175 (1) (b) Notwithstanding par. (a), no owner of a vehicle involved in a violation of s. 346.04 (2t) or (3) for fleeing a traffic officer may be convicted under this section if the person operating the vehicle or having the vehicle under his or her control at the time of the violation has been convicted for the violation under this section or under s. 346.04 (2t) or (3).

AB465, s. 179 Section 179. 346.175 (4) (b) of the statutes is amended to read:

AB465,75,7 346.175 (4) (b) If the owner of the vehicle provides a traffic officer employed by the authority issuing the citation with the name and address of the person operating the vehicle or having the vehicle under his or her control at the time of the violation and sufficient information for the officer to determine that probable cause does not exist to believe that the owner of the vehicle was operating the vehicle at the time of the violation, then the owner of the vehicle shall not be liable under this section or under s. 346.04 (2t) or (3).

AB465, s. 180 Section 180. 346.175 (4) (c) of the statutes is amended to read:

AB465,75,13 346.175 (4) (c) If the vehicle is owned by a lessor of vehicles and at the time of the violation the vehicle was in the possession of a lessee, and the lessor provides a traffic officer employed by the authority issuing the citation with the information required under s. 343.46 (3), then the lessee and not the lessor shall be liable under this section or under s. 346.04 (2t) or (3).

AB465, s. 181 Section 181. 346.175 (4) (d) of the statutes is amended to read: