LRBs0392/1
CMH:all
2017 - 2018 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 3,
TO SENATE BILL 54
February 22, 2018 - Offered by Representatives Goyke, Barca, Berceau, Billings,
Bowen, Brostoff, Considine, Doyle, Fields, Hebl, Hesselbein, Kessler,
Kolste, Meyers, Neubauer, Pope, Shankland, Spreitzer, Vruwink, Young
and Zamarripa.
SB54-ASA3,1,11 1An Act to renumber 973.10 (2) (a) and (b); to renumber and amend 302.113
2(9) (ag), 973.10 (2) (intro.) and 977.08 (3) (b); to amend 302.113 (8m) (a),
3302.113 (9) (am), 302.113 (9) (b), 302.113 (9) (c), 302.114 (8m) (a), 304.06 (3),
4808.075 (4) (g) 3., 977.02 (5) and 977.08 (3) (c); and to create 230.12 (11m),
5302.113 (9) (ag) 1., 302.113 (9) (am) 2. a., 977.02 (7t), 977.08 (3) (b) 2. and 977.08
6(4m) (d) of the statutes; relating to: recommendation to revoke parole,
7probation, and extended supervision if a person is charged with a crime;
8maximum period of imprisonment following revocation of extended supervision
9or probation; district attorney positions; salary increases for offices of district
10attorneys and state public defenders; Public Defender Board regulation and
11pay of private bar attorneys; and making an appropriation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB54-ASA3,1
1Section 1. 230.12 (11m) of the statutes is created to read:
SB54-ASA3,2,72 230.12 (11m) Cost of living increases for deputy and assistant district
3attorneys and assistant state public defenders.
In addition to any salary increases
4given in the pay progression plans established under subs. (10) and (11), beginning
5with the first pay period that occurs on or after July 1, 2019, and continuing on each
6subsequent July 1, the salaries of all deputy and assistant district attorneys and all
7assistant state public defenders shall be increased by a cost-of-living adjustment.
SB54-ASA3,2 8Section 2. 302.113 (8m) (a) of the statutes is amended to read:
SB54-ASA3,2,169 302.113 (8m) (a) Every person released to extended supervision under this
10section remains in the legal custody of the department. If the department alleges
11that any condition or rule of extended supervision has been violated by the person,
12the department may take physical custody of the person for the investigation of the
13alleged violation. If the person is charged with a crime, the department shall
14recommend that the person's extended supervision be revoked. The department may
15revise its recommendation if the charges are subsequently dismissed or if the person
16is found not guilty of the crime.
SB54-ASA3,3 17Section 3. 302.113 (9) (ag) of the statutes is renumbered 302.113 (9) (ag)
18(intro.) and amended to read:
SB54-ASA3,2,1919 302.113 (9) (ag) (intro.) In this subsection “ reviewing:
SB54-ASA3,2,22 202. “Reviewing authority" means the division of hearings and appeals in the
21department of administration, upon proper notice and hearing, or the department
22of corrections, if the person on extended supervision waives a hearing.
SB54-ASA3,4 23Section 4. 302.113 (9) (ag) 1. of the statutes is created to read:
SB54-ASA3,2,2424 302.113 (9) (ag) 1. “Crime" has the meaning given in s. 939.12.
SB54-ASA3,5 25Section 5. 302.113 (9) (am) of the statutes is amended to read:
SB54-ASA3,3,3
1302.113 (9) (am) 1. If a person released to extended supervision under this
2section violates a condition of extended supervision, the reviewing authority may
3revoke the extended supervision of the person.
SB54-ASA3,3,6 42. If the extended supervision of the person is revoked, the reviewing authority
5shall order the person to be returned to prison for any specified period of time that
6does not exceed one of the following:
SB54-ASA3,3,12 7b. If the person has committed 3 or more independent violations during his or
8her term of extended supervision, if the condition the person violated was a condition
9that the person not contact any specified individual, if the person was required to
10register as a sex offender under s. 301.45, or if, when the person violated the
11condition of extended supervision, the person also allegedly committed a crime or the
12person absconded,
the time remaining on the bifurcated sentence. The time
SB54-ASA3,3,17 13(ag) 3. “Time remaining on the bifurcated sentence" is the total length of the
14bifurcated sentence, less time served by the person in confinement under the
15sentence before release to extended supervision under sub. (2) and less all time
16served in confinement for previous revocations of extended supervision under the
17sentence.
SB54-ASA3,3,20 18(am) 3. The order returning a person to prison under this paragraph subd. 2.
19shall provide the person whose extended supervision was revoked with credit in
20accordance with ss. 304.072 and 973.155.
SB54-ASA3,6 21Section 6. 302.113 (9) (am) 2. a. of the statutes is created to read:
SB54-ASA3,3,2222 302.113 (9) (am) 2. a. Except as provided in subd. 2. b., 30 days.
SB54-ASA3,7 23Section 7. 302.113 (9) (b) of the statutes is amended to read:
SB54-ASA3,4,624 302.113 (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

1under par. (am) 2. The period of time specified under par. (am) 2. may be extended
2in accordance with sub. (3). If a person is returned to prison under par. (am) 2. for
3a period 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 under par. (am) 2. and any periods of extension imposed
6in accordance with sub. (3).
SB54-ASA3,8 7Section 8. 302.113 (9) (c) of the statutes is amended to read:
SB54-ASA3,4,168 302.113 (9) (c) A person who is subsequently released to extended supervision
9after service of the period of time specified by the order under par. (am) 2. is subject
10to all conditions and rules under sub. (7) and, if applicable, sub. (7m) until the
11expiration of the time remaining extended supervision portion of on the bifurcated
12sentence. The remaining extended supervision portion of the bifurcated sentence is
13the total length of the bifurcated sentence, less the time served by the person in
14confinement under the bifurcated sentence before release to extended supervision
15under sub. (2) and less all time served in confinement for previous revocations of
16extended supervision under the bifurcated sentence.
SB54-ASA3,9 17Section 9. 302.114 (8m) (a) of the statutes is amended to read:
SB54-ASA3,4,2518 302.114 (8m) (a) Every person released to extended supervision under this
19section remains in the legal custody of the department. If the department alleges
20that any condition or rule of extended supervision has been violated by the person,
21the department may take physical custody of the person for the investigation of the
22alleged violation. If the person is charged with a crime, the department shall
23recommend that the person's extended supervision be revoked. The department may
24revise its recommendation if the charges are subsequently dismissed or if the person
25is found not guilty of the crime.
SB54-ASA3,10
1Section 10. 304.06 (3) of the statutes is amended to read:
SB54-ASA3,5,252 304.06 (3) Every paroled prisoner remains in the legal custody of the
3department unless otherwise provided by the department. If the department alleges
4that any condition or rule of parole has been violated by the prisoner, the department
5may take physical custody of the prisoner for the investigation of the alleged
6violation. If the department is satisfied that any condition or rule of parole has been
7violated it shall afford the prisoner such administrative hearings as are required by
8law. If the person is charged with a crime, the department shall recommend that the
9person's parole be revoked. The department may revise its recommendation if the
10charges are subsequently dismissed or if the person is found not guilty of the crime.

11Unless waived by the parolee, the final administrative hearing shall be held before
12a hearing examiner from the division of hearings and appeals in the department of
13administration who is licensed to practice law in this state. The hearing examiner
14shall enter an order revoking or not revoking parole. Upon request by either party,
15the administrator of the division of hearings and appeals shall review the order. The
16hearing examiner may order that a deposition be taken by audiovisual means and
17allow the use of a recorded deposition under s. 967.04 (7) to (10). If the parolee waives
18the final administrative hearing, the secretary of corrections shall enter an order
19revoking or not revoking parole. If the examiner, the administrator upon review, or
20the secretary in the case of a waiver finds that the prisoner has violated the rules or
21conditions of parole, the examiner, the administrator upon review, or the secretary
22in the case of a waiver, may order the prisoner returned to prison to continue serving
23his or her sentence, or to continue on parole. If the prisoner claims or appears to be
24indigent, the department shall refer the prisoner to the authority for indigency
25determinations specified under s. 977.07 (1).
SB54-ASA3,11
1Section 11. 808.075 (4) (g) 3. of the statutes is amended to read:
SB54-ASA3,6,32 808.075 (4) (g) 3. Imposition of sentence upon revocation of probation under s.
3973.10 (2) (a) (bm) 2. a.
SB54-ASA3,12 4Section 12. 973.10 (2) (intro.) of the statutes is renumbered 973.10 (2) (am)
5and amended to read:
SB54-ASA3,6,156 973.10 (2) (am) If a probationer violates the conditions of probation, the
7department of corrections may initiate a proceeding before the division of hearings
8and appeals in the department of administration. If the person is charged with a
9crime, the department shall recommend that the person's probation be revoked.

10Unless waived by the probationer, a hearing examiner for the division shall conduct
11an administrative hearing and enter an order either revoking or not revoking
12probation. Upon request of either party, the administrator of the division shall
13review the order. If the probationer waives the final administrative hearing, the
14secretary of corrections shall enter an order either revoking or not revoking
15probation.
SB54-ASA3,6,17 16(bm) 1. If probation is revoked, the probationer may not be ordered to prison
17for a period that exceeds 30 days except as provided in subd. 2.
SB54-ASA3,6,24 182. If probation is revoked, the department shall do one of the following if the
19person has committed 3 or more independent violations during his or her term of
20probation, if the condition the person violated was a condition that the person not
21contact any specified individual, if the probationer was required to register as a sex
22offender under s. 301.45, or if, when the probationer violated the condition of
23probation, the probationer allegedly committed a crime, as defined in s. 939.12, or
24absconded
:
SB54-ASA3,13
1Section 13. 973.10 (2) (a) and (b) of the statutes are renumbered 973.10 (2)
2(bm) 2. a. and b.
SB54-ASA3,14 3Section 14. 977.02 (5) of the statutes is amended to read:
SB54-ASA3,7,94 977.02 (5) Promulgate rules establishing procedures to assure that
5representation of indigent clients by the private bar at the initial stages of cases
6assigned under this chapter is at the same level as the representation provided by
7the state public defender, including setting standards for and imposing conditions
8upon private bar attorney certification, decertification, or recertification to represent
9clients under this chapter
.
SB54-ASA3,15 10Section 15. 977.02 (7t) of the statutes is created to read:
SB54-ASA3,7,1211 977.02 (7t) Promulgate rules to distribute case types into pay rate
12classifications as required in s. 977.08 (4m) (d).
SB54-ASA3,16 13Section 16. 977.08 (3) (b) of the statutes is renumbered 977.08 (3) (b) 1. and
14amended to read:
SB54-ASA3,7,2115 977.08 (3) (b) 1. A final set of lists for each county shall be prepared, certified,
16and annually updated by the state public defender. Persons may not be excluded
17from any a list unless only if the state public defender states in writing the reasons
18for such action in the context of accordance with subd. 2. and existing rules adopted
19by the state public defender board. Any attorney thus excluded shall then have the
20opportunity to
may appeal the state public defender's decision to the board, which
21shall issue a final decision in writing.
SB54-ASA3,17 22Section 17. 977.08 (3) (b) 2. of the statutes is created to read:
SB54-ASA3,7,2423 977.08 (3) (b) 2. An attorney may be excluded from a list under subd. 1. if any
24of the following applies:
SB54-ASA3,8,2
1a. The attorney fails or has failed to meet minimum attorney performance
2standards adopted by the state public defender.
SB54-ASA3,8,33 b. The attorney fails or has failed to comply with SCR chapter 20.
SB54-ASA3,8,54 c. The attorney engages in conduct that is contrary to the interests of clients,
5the interests of justice, or the interests of the state public defender.
SB54-ASA3,8,76 d. The state public defender learns of any information that raises a concern
7about the attorney's character, performance, ability, or behavior.
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