AB351: Bill Text

AB351,27,6 301.35 (2) (bm) A person on community supervision.

AB351, s. 72 Section 72. 301.38 (1) (am) of the statutes is amended to read:

AB351,27,11 301.38 (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 , community supervision or parole.

AB351, s. 73 Section 73. 301.45 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

AB351,27,20 301.45 (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, community 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.

AB351, s. 74 Section 74. 301.45 (1) (bm) of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB351,28,5 301.45 (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, community 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.

AB351, s. 75 Section 75. 301.45 (1) (dh) of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB351,28,14 301.45 (1) (dh) Is on parole, community 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.

AB351, s. 76 Section 76. 301.45 (2) (a) 4. b. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB351,28,19 301.45 (2) (a) 4. b. The date the person was or is to be released from confinement, whether on parole, community supervision or otherwise, or discharged or terminated from a sentence or commitment.

AB351, s. 77 Section 77. 301.45 (2) (e) 1. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB351,28,24 301.45 (2) (e) 1. Within 10 days after the person being placed on parole, community supervision, probation, supervision, aftercare supervision, conditional release or supervised release.

AB351, s. 78 Section 78. 301.45 (2) (e) 2. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB351,29,5 301.45 (2) (e) 2. If the person is on parole, community supervision or probation from another state under s. 304.13 or 304.135, within 10 days after the person enters this state.

AB351, s. 79 Section 79. 301.45 (3) (a) 1m. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB351,29,10 301.45 (3) (a) 1m. If the person is on parole, community 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.

AB351, s. 80 Section 80. 301.45 (3) (a) 2. of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

AB351,29,16 301.45 (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, community supervision or aftercare supervision.

AB351, s. 81 Section 81. 301.45 (3) (b) 2. of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

AB351,30,2 301.45 (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, community 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, community supervision, parole, supervision or aftercare supervision or, if the client is on probation, community supervision or parole from another state under s. 304.13 or 304.135, when the client enters this state.

AB351, s. 82 Section 82. 301.45 (3) (b) 4. of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

AB351,30,8 301.45 (3) (b) 4. Failure to receive notice under this paragraph from the department of health and family services, the department of corrections, a probation, community supervision and parole agent, an aftercare agent or an agency providing supervision is not a defense to liability under sub. (6).

AB351, s. 83 Section 83. 301.45 (5) (a) 1m. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB351,30,13 301.45 (5) (a) 1m. If the person is on parole, community supervision or probation from another state under s. 304.13 or 304.135, 15 years after discharge from that parole, community supervision or probation.

AB351, s. 84 Section 84. 301.46 (2) (b) 4. b. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB351,30,18 301.46 (2) (b) 4. b. The date the person was released from confinement, whether on parole, community supervision or otherwise, or discharged or terminated from a sentence or commitment.

AB351, s. 85 Section 85. 302.045 (1) of the statutes is amended to read:

AB351,31,3 302.045 (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 community 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.

AB351, s. 86 Section 86. 302.045 (3) of the statutes is amended to read:

AB351,31,11 302.045 (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.

AB351, s. 87 Section 87. 302.11 (1) of the statutes is amended to read:

AB351,31,18 302.11 (1) The warden or superintendent shall keep a record of the conduct of each inmate, specifying each infraction of the rules. Except as provided in subs. (1g), (1m), (1z), (7) and (10), each inmate is entitled to mandatory release on parole by the department. The mandatory release date is established at two-thirds of the sentence. Any calculations under this subsection or sub. (2) (b) resulting in fractions of a day shall be rounded in the inmate's favor to a whole day.

AB351, s. 88 Section 88. 302.11 (1g) (am) of the statutes is amended to read:

AB351,31,22 302.11 (1g) (am) The mandatory release date established in sub. (1) is a presumptive mandatory release date for an inmate who is serving a sentence for a serious felony committed on or after April 21, 1994, but before July 1, 1998.

AB351, s. 89 Section 89. 302.11 (1i) of the statutes is amended to read:

AB351,32,2 302.11 (1i) An Except as provided in sub. (1z), an inmate serving a sentence to the intensive sanctions program is entitled to mandatory release. The mandatory release date under sub. (1) is established at two-thirds of the sentence under s. 973.032 (3) (a).

AB351, s. 90 Section 90. 302.11 (1p) of the statutes is amended to read:

AB351,32,6 302.11 (1p) An inmate serving a term subject to s. 961.49 (2) for a crime committed before July 1, 1998, is entitled to mandatory release, except the inmate may not be released before he or she has complied with s. 961.49 (2).

AB351, s. 91 Section 91. 302.11 (1z) of the statutes is created to read:

AB351,32,10 302.11 (1z) An inmate who is sentenced to a term of confinement in prison under s. 973.01 for a felony that is committed on or after July 1, 1998, is not entitled to mandatory release on parole under this section.

AB351, s. 92 Section 92. 302.11 (6) of the statutes is amended to read:

AB351,32,20 302.11 (6) Any inmate released on parole under sub. (1) or (1g) (b) or s. 304.02 or 304.06 (1) is subject to all conditions and rules of parole until the expiration of the sentence or until he or she is discharged by the department. Except as provided in ch. 304, releases from prison shall be on the Tuesday or Wednesday preceding the release date. The department may discharge a parolee on or after his or her mandatory release date or after 2 years of supervision. Any inmate sentenced to the intensive sanctions program who is released on parole under sub. (1) or s. 304.02 or 304.06 (1) remains in the program unless discharged by the department under s. 301.048 (6) (a).

AB351, s. 93 Section 93. 302.11 (9) of the statutes is amended to read:

AB351,32,24 302.11 (9) Except as provided in sub. subs. (1g) (am) and (1z), this section applies to persons committing offenses occurring on or after June 1, 1984, or persons filing requests in accordance with 1983 Wisconsin Act 528, section 29 (2) or (3).

AB351, s. 94 Section 94. 302.113 of the statutes is created to read:

AB351,33,3 302.113 Release to community supervision for felony offenders not serving life sentences. (1) An inmate is subject to this section if he or she is serving a bifurcated sentence imposed under s. 973.01.

AB351,33,6 (2) Except as provided in subs. (3) and (9), an inmate subject to this section is entitled to release to community supervision after he or she has served the term of confinement in prison portion of the sentence imposed under s. 973.01.

AB351,33,11 (3) (a) The warden or superintendent shall keep a record of the conduct of each inmate subject to this section, specifying each infraction of the rules. If an inmate subject to this section violates any regulation of the prison or refuses or neglects to perform required or assigned duties, the department may extend the term of confinement in prison portion of the inmate's bifurcated sentence as follows:

AB351,33,12 1. 10 days for the first offense.

AB351,33,13 2. 20 days for the 2nd offense.

AB351,33,14 3. 40 days for the 3rd or each subsequent offense.

AB351,33,21 (b) In addition to the sanctions under par. (a), if an inmate subject to this section is placed in adjustment, program or controlled segregation status, the department may extend his or her term of confinement in prison portion of the bifurcated sentence by a number of days equal to 50% of the number of days spent in segregation status. In administering this paragraph, the department shall use the definition of adjustment, program or controlled segregation status under departmental rules in effect at the time an inmate is placed in that status.

AB351,33,24 (c) No extension of a term of confinement in prison under this subsection may require an inmate to serve more days in prison than the total length of the bifurcated sentence imposed under s. 973.01.

AB351,34,3 (d) If the term of confinement in prison portion of a bifurcated sentence is increased under this subsection, the term of community supervision is reduced so that the total length of the bifurcated sentence does not change.

AB351,34,6 (4) All consecutive sentences shall be computed as one continuous sentence. The person shall serve any term of community supervision after serving all terms of confinement in prison.

AB351,34,8 (5) An inmate may waive entitlement to release to community supervision if the department agrees to the waiver.

AB351,34,14 (6) Before a person is released to community supervision under this section, the department shall notify the municipal police department and the county sheriff for the area where the person will be residing. The notification requirement does not apply if a municipal department or county sheriff submits to the department a written statement waiving the right to be notified. If applicable, the department shall also comply with s. 304.063.

AB351,34,20 (7) Any inmate released to community supervision under this section is subject to all conditions and rules of community supervision until the expiration of the term of community supervision portion of the bifurcated sentence. The department may set conditions of community supervision in addition to any conditions of community supervision set by the court under s. 973.01 (5) if the conditions set by the department do not conflict with the court's conditions.

AB351,34,23 (8) Releases to community supervision from prison shall be on the Tuesday or Wednesday preceding the date on which he or she completes the term of imprisonment.

AB351,35,9 (9) (a) If a person released to community supervision under this section violates a condition of community 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 community supervision waives a hearing, may revoke the community supervision of the person and return the person to prison. If the person is returned to prison, he or she shall be returned to prison for any specified period of time that does not exceed the time remaining on the bifurcated sentence. The time remaining on the bifurcated sentence is the total length of the bifurcated sentence, less time served by the person in custody before release to community supervision. The revocation order shall provide the person on community supervision with credit in accordance with ss. 304.072 and 973.155.

AB351,35,15 (b) A person who is returned to prison after revocation of community supervision shall be incarcerated for the entire period of time specified by the department of corrections in the case of a waiver or by the division of hearings and appeals in the department of administration in the case of a hearing under par. (a). The period of time specified under par. (a) may be extended in accordance with sub. (3).

AB351,35,21 (c) A person who is subsequently released to community supervision after service of the period of time specified by the department of corrections in the case of a waiver or by the division of hearings and appeals in the department of administration in the case of a hearing under par. (a) is subject to all conditions and rules under sub. (7) until the expiration of the term of community supervision portion of the bifurcated sentence.

AB351,35,23 (10) The department may promulgate rules establishing guidelines and criteria for the exercise of discretion under this section.

AB351, s. 95 Section 95. 302.114 of the statutes is created to read:

AB351,36,5 302.114 Petition for release and release to community supervision for felony offenders serving life sentences. (1) An inmate is subject to this section if he or she is serving a life sentence imposed under s. 973.014 (1g) (a) 1. or 2. An inmate serving a life sentence under s. 939.62 (2m) or 973.014 (1g) (a) 3. is not eligible for release to community supervision under this section.

AB351,36,10 (2) Except as provided in subs. (3) and (9), an inmate subject to this section may petition the sentencing court for release to community supervision after he or she has served 20 years, if the inmate was sentenced under s. 973.014 (1g) (a) 1., or after he or she has reached the community supervision eligibility date set by the court, if the inmate was sentenced under s. 973.014 (1g) (a) 2.

AB351,36,16 (3) (a) The warden or superintendent shall keep a record of the conduct of each inmate subject to this section, specifying each infraction of the rules. If any inmate subject to this section violates any regulation of the prison or refuses or neglects to perform required or assigned duties, the department may extend the community supervision eligibility date set under s. 973.014 (1g) (a) 1. or 2., whichever is applicable, as follows:

AB351,36,17 1. 10 days for the first offense.

AB351,36,18 2. 20 days for the 2nd offense.

AB351,36,19 3. 40 days for the 3rd or each subsequent offense.

AB351,37,2 (b) In addition to the sanctions under par. (a), if an inmate subject to this section is placed in adjustment, program or controlled segregation status, the department may extend the community supervision eligibility date set under s. 973.014 (1g) (a) 1. or 2., whichever is applicable, by a number of days equal to 50% of the number of days spent in segregation status. In administering this paragraph, the department shall use the definition of adjustment, program or controlled segregation status under departmental rules in effect at the time an inmate is placed in that status.

AB351,37,5 (4) All consecutive sentences shall be computed as one continuous sentence. An inmate subject to this section shall serve any term of community supervision after serving all terms of confinement in prison.

AB351,37,12 (5) (a) An inmate subject to this section who is seeking release to community supervision shall file a petition for release to community supervision with the court that sentenced him or her. An inmate may not file an initial petition under this paragraph earlier than 90 days before his or her community supervision eligibility date. If an inmate files an initial petition for release to community supervision at any time earlier than 90 days before his or her community supervision eligibility date, the court shall deny the petition without a hearing.

AB351,37,16 (am) The inmate shall serve a copy of a petition for release to community supervision on the district attorney's office that prosecuted him or her, and the district attorney shall file a written response to the petition within 45 days after the date he or she receives the petition.

AB351,37,22 (b) After reviewing a petition for release to community supervision and the district attorney's response to the petition, the court shall decide whether to hold a hearing on the petition or, if it does not hold a hearing, whether to grant or deny the petition without a hearing. If the court decides to hold a hearing under this paragraph, the hearing shall be before the court without a jury. The office of the district attorney that prosecuted the inmate shall represent the state at the hearing.

AB351,38,3 (c) Before deciding whether to grant or deny the inmate's petition, the court shall allow a victim or family member of a homicide victim to make a statement or submit a statement concerning the release of the inmate to community supervision. The court may allow any other person to make or submit a statement under this paragraph. Any statement under this paragraph must be relevant to the release of the inmate to community supervision.

AB351,38,6 (cm) A court may not grant an inmate's petition for release to community supervision unless the inmate proves, by clear and convincing evidence, that he or she is not a danger to the public.

AB351,38,8 (d) If the court grants the inmate's petition for release to community supervision, the court may impose conditions on the term of community supervision.

AB351,38,14 (e) If the court denies the inmate's petition for release to community supervision, the court shall specify the date on which the inmate may file a subsequent petition under this section. An inmate may file a subsequent petition at any time on or after the date specified by the court, but if the inmate files a subsequent petition for release to community supervision before the date specified by the court, the court may deny the petition without a hearing.

AB351,38,18 (f) An inmate may appeal an order denying his or her petition for release to community supervision. In an appeal under this paragraph, the appellate court shall determine whether the court properly exercised its discretion in denying the petition for release to community supervision.

AB351,38,19 (6) (a) In this subsection:

AB351,38,21 1. "Member of the family" means spouse, child, sibling, parent or legal guardian.

AB351,38,22 2. "Victim" means a person against whom a crime has been committed.

AB351,39,5 (b) If an inmate petitions a court under sub. (5) or (9) (b) for release to community 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 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, if the victim, adult family member or parent or legal guardian has submitted a card under par. (e) requesting notification.

AB351,39,9 (c) The notice under par. (b) shall inform the persons under par. (b) that they may appear at the hearing under sub. (5) or (9) (b), if a hearing is scheduled, and shall inform them of the manner in which they may provide written statements concerning the inmate's petition for release to community supervision.

AB351,39,14 (d) The clerk of the circuit court shall make a reasonable effort to send a copy of the inmate's petition to the last-known address of the persons under par. (b) within 7 days of the date on which the petition is filed and shall make a reasonable effort to send the notice of hearing, if a hearing is scheduled, to the last-known address of the persons under par. (b), postmarked at least 10 days before the date of the hearing.

AB351,39,25 (e) The director of state courts shall design and prepare cards for a person specified under par. (b) to send to the clerk of the circuit court in which the inmate is convicted and sentenced. The cards shall have space for any such person to provide his or her name and address, the name of the applicable inmate and any other information 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 persons specified in par. (b). These persons may send completed cards to the clerk of the circuit court in which the inmate was convicted and sentenced. All court records or portions of records that relate to mailing addresses of these persons are not subject to inspection or copying under s. 19.35 (1).

AB351,40,6 (7) Before a person is released to community supervision under this section, the department shall notify the municipal police department and the county sheriff for the area where the person will be residing. The notification requirement does not apply if a municipal department or county sheriff submits to the department a written statement waiving the right to be notified. If applicable, the department shall also comply with s. 304.063.