AB879,9,2121 302.05 (1) (am) 2. Are housed on separate wards.
AB879, s. 24 22Section 24. 302.05 (1) (b) of the statutes is created to read:
AB879,9,2423 302.05 (1) (b) The department of corrections and the department of health
24services shall, at any correctional facility the departments determine is appropriate,

1provide a substance abuse treatment program for inmates for the purposes of the
2earned release program described in sub. (3).
AB879, s. 25 3Section 25. 302.05 (2) of the statutes, as affected by 2009 Wisconsin Act 28,
4is amended to read:
AB879,10,75 302.05 (2) Transfer to a correctional treatment facility for participation in a
6program described in sub. (1)
the treatment of substance abuse shall be considered
7a transfer under s. 302.18.
AB879, s. 26 8Section 26. 302.05 (3) (b) of the statutes, as affected by 2009 Wisconsin Act 28,
9is amended to read:
AB879,10,1710 302.05 (3) (b) Except as provided in par. (d), if the department determines that
11an eligible inmate serving a sentence other than one imposed under s. 973.01 has
12successfully completed a rehabilitation treatment program described in sub. (1), the
13earned release review parole commission shall parole the inmate for that sentence
14under s. 304.06, regardless of the time the inmate has served. If the earned release
15review
parole commission grants parole under this paragraph, it shall require the
16parolee to participate in an intensive supervision program appropriate to the
17parolee's rehabilitation needs
for drug abusers as a condition of parole.
AB879, s. 27 18Section 27. 302.05 (3) (c) 1. of the statutes, as affected by 2009 Wisconsin Act
1928
, is amended to read:
AB879,10,2420 302.05 (3) (c) 1. Except as provided in par. (d), if the department determines
21that an eligible inmate serving the term of confinement in prison portion of a
22bifurcated sentence imposed under s. 973.01 has successfully completed a
23rehabilitation treatment program described in sub. (1), the department shall inform
24the court that sentenced the inmate.
AB879, s. 28
1Section 28. 302.05 (3) (c) 2. (intro.) of the statutes, as affected by 2009
2Wisconsin Act 28
, is amended to read:
AB879,11,63 302.05 (3) (c) 2. (intro.) Upon being informed by the department under subd.
41. that an inmate whom the court sentenced under s. 973.01 has successfully
5completed a rehabilitation treatment program described in sub. (1), the court shall
6modify the inmate's bifurcated sentence as follows:
AB879, s. 29 7Section 29. 302.05 (3) (c) 3. of the statutes is repealed.
AB879, s. 30 8Section 30. 302.05 (3) (d) of the statutes, as affected by 2009 Wisconsin Act 28,
9is amended to read:
AB879,11,1210 302.05 (3) (d) The department may place intensive sanctions program
11participants in a rehabilitation treatment program described in sub. (1), but pars. (b)
12and (c) do not apply to those participants.
AB879, s. 31 13Section 31. 302.11 (1g) (b) (intro.) of the statutes, as affected by 2009
14Wisconsin Act 28
, is amended to read:
AB879,11,2215 302.11 (1g) (b) (intro.) Before an incarcerated inmate with a presumptive
16mandatory release date reaches the presumptive mandatory release date specified
17under par. (am), the earned release review parole commission shall proceed under
18s. 304.06 (1) to consider whether to deny presumptive mandatory release to the
19inmate. If the earned release review parole commission does not deny presumptive
20mandatory release, the inmate shall be released on parole. The earned release
21review
parole commission may deny presumptive mandatory release to an inmate
22only on one or more of the following grounds:
AB879, s. 32 23Section 32. 302.11 (1g) (b) 2. of the statutes, as affected by 2009 Wisconsin Act
2428
, is amended to read:
AB879,12,7
1302.11 (1g) (b) 2. Refusal by the inmate to participate in counseling or
2treatment that the social service and clinical staff of the institution determines is
3necessary for the inmate, including pharmacological treatment using an
4antiandrogen or the chemical equivalent of an antiandrogen if the inmate is a serious
5child sex offender as defined in s. 304.06 (1q) (a). The earned release review parole
6commission may not deny presumptive mandatory release to an inmate because of
7the inmate's refusal to participate in a rehabilitation program under s. 301.047.
AB879, s. 33 8Section 33. 302.11 (1g) (c) of the statutes, as affected by 2009 Wisconsin Act
928
, is amended to read:
AB879,12,1310 302.11 (1g) (c) If the earned release review parole commission denies
11presumptive mandatory release to an inmate under par. (b), the earned release
12review
parole commission shall schedule regular reviews of the inmate's case to
13consider whether to parole the inmate under s. 304.06 (1).
AB879, s. 34 14Section 34. 302.11 (1g) (d) of the statutes, as affected by 2009 Wisconsin Act
1528
, is amended to read:
AB879,12,1816 302.11 (1g) (d) An inmate may seek review of a decision by the earned release
17review
parole commission relating to the denial of presumptive mandatory release
18only by the common law writ of certiorari.
AB879, s. 35 19Section 35. 302.11 (1m) of the statutes, as affected by 2009 Wisconsin Act 28,
20is amended to read:
AB879,12,2321 302.11 (1m) An inmate serving a life term is not entitled to mandatory release.
22Except as provided in ss. 939.62 (2m) (c) and 973.014, the earned release review
23parole commission may parole the inmate as specified in s. 304.06 (1).
AB879, s. 36 24Section 36. 302.11 (7) (c) of the statutes, as affected by 2009 Wisconsin Act 28,
25is amended to read:
AB879,13,3
1302.11 (7) (c) The earned release review parole commission may subsequently
2parole, under s. 304.06 (1), and the department may subsequently parole, under s.
3304.02, a parolee who is returned to prison for violation of a condition of parole.
AB879, s. 37 4Section 37. 302.113 (1) of the statutes, as affected by 2009 Wisconsin Act 28,
5is amended to read:
AB879,13,166 302.113 (1) An inmate is subject to this section if he or she is serving a
7bifurcated sentence imposed under s. 973.01. An inmate convicted of a misdemeanor
8or of a Class F to Class I felony that is not a violent offense, as defined in s. 301.048
9(2) (bm) 1., and who is eligible for positive adjustment time under sub. (2) (b)
10pursuant to s. 973.01 (3d) (b) may be released to extended supervision under sub. (2)
11(b) or (9h). An inmate convicted of a Class C to Class E felony or a Class F to Class
12I felony that is a violent offense, as defined in s. 301.048 (2) (bm) 1., or a Class F to
13Class I felony that is not a violent offense, as defined under s. 301.048 (2) (bm) 1., but
14who is ineligible for positive adjustment time under sub. (2) (b) pursuant to s. 973.01
15(3d) (b) may be released to extended supervision only under sub. (2) (a) or (9h) or s.
16304.06.
AB879, s. 38 17Section 38. 302.113 (2) (a) of the statutes, as affected by 2009 Wisconsin Act
1828
, is renumbered 302.113 (2) and amended to read:
AB879,13,2519 302.113 (2) Except as provided in par. (b) and subs. (3) and (9) and s. 304.06,
20an inmate subject to this section is entitled to release to extended supervision after
21he or she has served the term of confinement in prison portion of the sentence
22imposed under s. 973.01, as modified by the department under sub. (9h), as modified
23under s. 302.1135 by the
earned release review commission in the manner specified
24in s. 302.1135 (6) (a), or
as modified by the sentencing court under sub. (9g) or s.
25302.045 (3m) (b) 1., 302.05 (3) (c) 2. a., or 973.195 (1r), if applicable.
AB879, s. 39
1Section 39. 302.113 (2) (b) of the statutes, as affected by 2009 Wisconsin Act
228
, is repealed.
AB879, s. 40 3Section 40. 302.113 (2) (c) of the statutes, as affected by 2009 Wisconsin Act
428
, is repealed.
AB879, s. 41 5Section 41. 302.113 (3) (d) of the statutes, as affected by 2009 Wisconsin Act
628
, is amended to read:
AB879,14,107 302.113 (3) (d) If the term of confinement in prison portion of a bifurcated
8sentence for a Class B felony is increased under this subsection, the term of extended
9supervision is reduced so that the total length of the bifurcated sentence does not
10change.
AB879, s. 42 11Section 42. 302.113 (3) (e) of the statutes, as affected by 2009 Wisconsin Act
1228
, is repealed.
AB879, s. 43 13Section 43. 302.113 (7) of the statutes, as affected by 2009 Wisconsin Act 28,
14is amended to read:
AB879,14,2215 302.113 (7) Any inmate released to extended supervision under this section is
16subject to all conditions and rules of extended supervision until the expiration of the
17term of extended supervision portion of the bifurcated sentence or until the
18department discharges the inmate under s. 973.01 (4m), whichever is appropriate
.
19The department may set conditions of extended supervision in addition to any
20conditions of extended supervision required under s. 302.116, if applicable, or set by
21the court under sub. (7m) or s. 973.01 (5) if the conditions set by the department do
22not conflict with the court's conditions.
AB879, s. 44 23Section 44. 302.113 (9) (am) of the statutes, as affected by 2009 Wisconsin Act
2428
, is amended to read:
AB879,15,14
1302.113 (9) (am) If a person released to extended supervision under this section
2or under s. 302.1135 violates a condition of extended supervision, the reviewing
3authority may revoke the extended supervision of the person. If the extended
4supervision of the person is revoked, the reviewing authority person shall be
5returned to the circuit court for the county in which the person was convicted of the
6offense for which he or she was on extended supervision, and the court
shall order
7the person to be returned to prison for any specified period of time that does not
8exceed the time remaining on the bifurcated sentence. The time remaining on the
9bifurcated sentence is the total length of the bifurcated sentence, less time served by
10the person in confinement under the sentence before release to extended supervision
11under sub. (2) and less all time served in confinement for previous revocations of
12extended supervision under the sentence. The order returning a person to prison
13under this paragraph shall provide the person whose extended supervision was
14revoked with credit in accordance with ss. 304.072 and 973.155.
AB879, s. 45 15Section 45. 302.113 (9) (at) of the statutes, as affected by 2009 Wisconsin Act
1628
, is created to read:
AB879,15,2117 302.113 (9) (at) When a person is returned to court under par. (am) after
18revocation of extended supervision, the reviewing authority shall make a
19recommendation to the court concerning the period of time for which the person
20should be returned to prison. The recommended time period may not exceed the time
21remaining on the bifurcated sentence, as calculated under par. (am).
AB879, s. 46 22Section 46. 302.113 (9) (b) of the statutes, as affected by 2009 Wisconsin Act
2328
, is amended to read:
AB879,16,624 302.113 (9) (b) A person who is returned to prison after revocation of extended
25supervision shall be incarcerated for the entire period of time specified by the order

1court under par. (am). The period of time specified under par. (am) may be extended
2in accordance with sub. (3). If a person is returned to prison under par. (am) for a
3period of time that is less than the time remaining on the bifurcated sentence, the
4person shall be released to extended supervision after he or she has served the period
5of time specified by the order court under par. (am) and any periods of extension
6imposed in accordance with sub. (3).
AB879, s. 47 7Section 47. 302.113 (9) (c) of the statutes, as affected by 2009 Wisconsin Act
828
, is amended to read:
AB879,16,189 302.113 (9) (c) A person who is subsequently released to extended supervision
10after service of the period of time specified by the order court under par. (am) is
11subject to all conditions and rules under subs. (7) and, if applicable, (7m) until the
12expiration of the remaining extended supervision portion of the bifurcated sentence
13or until the department discharges the person under s. 973.01 (4m), whichever is
14appropriate
. The remaining extended supervision portion of the bifurcated sentence
15is the total length of the bifurcated sentence, less the time served by the person in
16confinement under the bifurcated sentence before release to extended supervision
17under sub. (2) and less all time served in confinement for previous revocations of
18extended supervision under the bifurcated sentence.
AB879, s. 48 19Section 48. 302.113 (9g) of the statutes is created to read:
AB879,16,2020 302.113 (9g) (a) In this subsection:
AB879,16,2321 1. "Program review committee" means the committee at a correctional
22institution that reviews the security classifications, institution assignments, and
23correctional programming assignments of inmates confined in the institution.
AB879,17,324 2. "Terminal condition" means an incurable condition afflicting a person,
25caused by injury, disease, or illness, as a result of which the person has a medical

1prognosis that his or her life expectancy is 6 months or less, even with available
2life-sustaining treatment provided in accordance with the prevailing standard of
3medical care.
AB879,17,64 (b) An inmate who is serving a bifurcated sentence for a crime other than a
5Class B felony may seek modification of the bifurcated sentence in the manner
6specified in par. (f) if he or she meets one of the following criteria:
AB879,17,87 1. The inmate is 65 years of age or older and has served at least 5 years of the
8term of confinement in prison portion of the bifurcated sentence.
AB879,17,109 2. The inmate is 60 years of age or older and has served at least 10 years of the
10term of confinement in prison portion of the bifurcated sentence.
AB879,17,1111 3. The inmate has a terminal condition.
AB879,17,1712 (c) An inmate who meets the criteria under par. (b) may submit a petition to
13the program review committee at the correctional institution in which the inmate is
14confined requesting a modification of the inmate's bifurcated sentence in the manner
15specified in par. (f). If the inmate alleges in the petition that he or she has a terminal
16condition, the inmate shall attach to the petition affidavits from 2 physicians setting
17forth a diagnosis that the inmate has a terminal condition.
AB879,18,218 (cm) If, after receiving the petition under par. (c), the program review
19committee determines that the public interest would be served by a modification of
20the inmate's bifurcated sentence in the manner provided under par. (f), the
21committee shall approve the petition for referral to the sentencing court and notify
22the department of its approval. The department shall then refer the inmate's
23petition to the sentencing court and request the court to conduct a hearing on the
24petition. If the program review committee determines that the public interest would

1not be served by a modification of the inmate's bifurcated sentence in the manner
2specified in par. (f), the committee shall deny the inmate's petition.
AB879,18,133 (d) When a court is notified by the department that it is referring to the court
4an inmate's petition for modification of the inmate's bifurcated sentence, the court
5shall set a hearing to determine whether the public interest would be served by a
6modification of the inmate's bifurcated sentence in the manner specified in par. (f).
7The inmate and the district attorney have the right to be present at the hearing, and
8any victim of the inmate's crime has the right to be present at the hearing and to
9provide a statement concerning the modification of the inmate's bifurcated sentence.
10The court shall order such notice of the hearing date as it considers adequate to be
11given to the department, the inmate, the attorney representing the inmate, if
12applicable, and the district attorney. Victim notification shall be provided as
13specified under par. (g).
AB879,18,2214 (e) At a hearing scheduled under par. (d), the inmate has the burden of proving
15by the greater weight of the credible evidence that a modification of the bifurcated
16sentence in the manner specified in par. (f) would serve the public interest. If the
17inmate proves that a modification of the bifurcated sentence in the manner specified
18in par. (f) would serve the public interest, the court shall modify the inmate's
19bifurcated sentence in that manner. If the inmate does not prove that a modification
20of the bifurcated sentence in the manner specified in par. (f) would serve the public
21interest, the court shall deny the inmate's petition for modification of the bifurcated
22sentence.
AB879,18,2423 (f) A court may modify an inmate's bifurcated sentence under this section only
24as follows:
AB879,19,4
11. The court shall reduce the term of confinement in prison portion of the
2inmate's bifurcated sentence in a manner that provides for the release of the inmate
3to extended supervision within 30 days after the date on which the court issues its
4order modifying the bifurcated sentence.
AB879,19,65 2. The court shall lengthen the term of extended supervision imposed so that
6the total length of the bifurcated sentence originally imposed does not change.
AB879,19,77 (g) 1. In this paragraph, "victim" has the meaning given in s. 950.02 (4).
AB879,19,168 2. When a court sets a hearing date under par. (d), the clerk of the circuit court
9shall send a notice of hearing to the victim of the crime committed by the inmate, if
10the victim has submitted a card under subd. 3. requesting notification. The notice
11shall inform the victim that he or she may appear at the hearing scheduled under
12par. (d) and shall inform the victim of the manner in which he or she may provide a
13statement concerning the modification of the inmate's bifurcated sentence in the
14manner provided in par. (f). The clerk of the circuit court shall make a reasonable
15attempt to send the notice of hearing to the last-known address of the inmate's
16victim, postmarked at least 10 days before the date of the hearing.
AB879,20,217 3. The director of state courts shall design and prepare cards for a victim to send
18to the clerk of the circuit court for the county in which the inmate was convicted and
19sentenced. The cards shall have space for a victim to provide his or her name and
20address, the name of the applicable inmate, and any other information that the
21director of state courts determines is necessary. The director of state courts shall
22provide the cards, without charge, to clerks of circuit court. Clerks of circuit court
23shall provide the cards, without charge, to victims. Victims may send completed
24cards to the clerk of the circuit court for the county in which the inmate was convicted

1and sentenced. All court records or portions of records that relate to mailing
2addresses of victims are not subject to inspection or copying under s. 19.35 (1).
AB879,20,93 (h) An inmate may appeal a court's decision to deny the inmate's petition for
4modification of his or her bifurcated sentence. The state may appeal a court's
5decision to grant an inmate's petition for a modification of the inmate's bifurcated
6sentence. In an appeal under this paragraph, the appellate court may reverse a
7decision granting or denying a petition for modification of a bifurcated sentence only
8if it determines that the sentencing court erroneously exercised its discretion in
9granting or denying the petition.
AB879,20,1510 (i) If the program review committee denies an inmate's petition under par. (cm),
11the inmate may not file another petition within one year after the date of the program
12review committee's denial. If the program review committee approves an inmate's
13petition for referral to the sentencing court under par. (cm) but the sentencing court
14denies the petition, the inmate may not file another petition under par. (cm) within
15one year after the date of the court's decision.
AB879,20,2416 (j) An inmate eligible to seek modification of his or her bifurcated sentence
17under this subsection has a right to be represented by counsel in proceedings under
18this subsection. An inmate, or the department on the inmate's behalf, may apply to
19the state public defender for determination of indigency and appointment of counsel
20under s. 977.05 (4) (jm) before or after the filing of a petition with the program review
21committee under par. (c). If an inmate whose petition has been referred to the court
22under par. (cm) is without counsel, the court shall refer the matter to the state public
23defender for determination of indigency and appointment of counsel under s. 977.05
24(4) (jm).
AB879, s. 49
1Section 49. 302.113 (9h) of the statutes, as affected by 2009 Wisconsin Act 28,
2is repealed.
AB879, s. 50 3Section 50. 302.1135 of the statutes, as affected by 2009 Wisconsin Act 28, is
4repealed.
AB879, s. 51 5Section 51. 302.114 (9) (am) of the statutes, as affected by 2009 Wisconsin Act
628
, is amended to read:
AB879,21,167 302.114 (9) (am) If a person released to extended supervision under this section
8or under s. 302.1135 302.113 (9g) violates a condition of extended supervision, the
9reviewing authority may revoke the extended supervision of the person. If the
10extended supervision of the person is revoked, the person shall be returned to the
11circuit court for the county in which the person was convicted of the offense for which
12he or she was on extended supervision, and the court shall order the person to be
13returned to prison for a specified period of time before he or she is eligible for being
14released again to extended supervision. The period of time specified under this
15paragraph may not be less than 5 years and may be extended in accordance with sub.
16(3).
AB879, s. 52 17Section 52. 302.114 (9) (c) of the statutes, as affected by 2009 Wisconsin Act
1828
, is amended to read:
AB879,21,2219 302.114 (9) (c) A person who is subsequently released to extended supervision
20under par. (bm) is subject to all conditions and rules under sub. (8) until the
21expiration of the sentence or until the department discharges the person under s.
22973.01 (4m), whichever is appropriate
.
AB879, s. 53 23Section 53. 304.01 (title) of the statutes, as affected by 2009 Wisconsin Act 28,
24is amended to read:
AB879,22,2
1304.01 (title) Earned release review Parole commission and
2commission chairperson; general duties.
AB879, s. 54 3Section 54. 304.01 (1) of the statutes, as affected by 2009 Wisconsin Act 28,
4is amended to read:
AB879,22,85 304.01 (1) The chairperson of the earned release review parole commission
6shall administer and supervise the commission and its activities and shall be the
7final parole granting authority for granting parole or release to extended
8supervision
, except as provided in s. 304.02.
AB879, s. 55 9Section 55. 304.01 (2) (intro.) of the statutes, as affected by 2009 Wisconsin
10Act 28
, is amended to read:
AB879,22,1711 304.01 (2) (intro.) The earned release review parole commission shall conduct
12regularly scheduled interviews to consider the parole or release to extended
13supervision
of eligible inmates of the adult correctional institutions under the
14control of the department of corrections, eligible inmates transferred under ch. 51
15and under the control of the department of health services and eligible inmates in
16any county house of correction. The department of corrections shall provide all of the
17following to the earned release review parole commission:
AB879, s. 56 18Section 56. 304.01 (2) (b) of the statutes, as affected by 2009 Wisconsin Act 28,
19is amended to read:
AB879,22,2220 304.01 (2) (b) Scheduling assistance for parole interviews for prisoners who
21have applied for parole or release to extended supervision
at the correctional
22institutions.
AB879, s. 57 23Section 57. 304.01 (2) (c) of the statutes, as affected by 2009 Wisconsin Act 28,
24is amended to read:
AB879,23,2
1304.01 (2) (c) Clerical support related to the interviews for prisoners who have
2applied for parole or release to extended supervision
.
AB879, s. 58 3Section 58. 304.01 (2) (d) of the statutes, as affected by 2009 Wisconsin Act 28,
4is amended to read:
AB879,23,75 304.01 (2) (d) Appropriate physical space at the correctional institutions to
6conduct the parole interviews for prisoners who have applied for parole or release to
7extended supervision
.
AB879, s. 59 8Section 59. 304.06 (title) of the statutes, as affected by 2009 Wisconsin Act 28,
9is amended to read:
AB879,23,11 10304.06 (title) Release to parole or extended supervision Paroles from
11state prisons and house of correction.
AB879, s. 60 12Section 60. 304.06 (1) (b) of the statutes, as affected by 2009 Wisconsin Act 28,
13is amended to read:
AB879,24,514 304.06 (1) (b) Except as provided in s. 961.49 (2), 1999 stats., sub. (1m) or s.
15302.045 (3), 302.05 (3) (b), 973.01 (6), or 973.0135, the earned release review parole
16commission may parole an inmate of the Wisconsin state prisons or any felon or any
17person serving at least one year or more in a county house of correction or a county
18reforestation camp organized under s. 303.07, when he or she has served 25% of the
19sentence imposed for the offense, or 6 months, whichever is greater. Except as
20provided in s. 939.62 (2m) (c) or 973.014 (1) (b) or (c), (1g) or (2), the earned release
21review
parole commission may parole an inmate serving a life term when he or she
22has served 20 years, as modified by the formula under s. 302.11 (1) and subject to
23extension under s. 302.11 (1q) and (2), if applicable. The person serving the life term
24shall be given credit for time served prior to sentencing under s. 973.155, including
25good time under s. 973.155 (4). The secretary may grant special action parole

1releases under s. 304.02. The department or the earned release review parole
2commission shall not provide any convicted offender or other person sentenced to the
3department's custody any parole eligibility or evaluation for parole or release to
4extended supervision
until the person has been confined at least 60 days following
5sentencing.
AB879, s. 61 6Section 61. 304.06 (1) (bg) of the statutes, as affected by 2009 Wisconsin Act
728
, is repealed.
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