3. The term of community supervision must equal at least 25% of the length
of the term of confinement in prison.
Thus, for example, if a person is convicted of a Class B felony and a judge
sentenced the person to the maximum allowable 40-year term of confinement in
prison, the term of community supervision would have to be at least 10 years but
could not be more than 20 years.
After the person completes the term of confinement in prison portion of the
sentence, he or she serves the term of community supervision in which he or she is
subject to conditions set by both the court and the department of corrections (DOC)
and is subject to supervision by DOC. If a person violates a condition of community
supervision, community supervision may be revoked and the person may be returned
to serve a period of time in prison.
Under current law, a person serving a life sentence usually must serve 20 years
minus time calculated under the mandatory release formula before he or she is
eligible for release on parole. If the person does not receive extensions due to

violations of prison rules, he or she reaches parole eligibility after serving 13 years,
4 months. However, a judge may set a parole eligibility date for a person serving a
life sentence that is later than the usual parole eligibility date or may provide that
the person is not eligible for parole. Also, if a person has 2 convictions for any of
certain serious felonies and is then convicted a 3rd time for another serious felony,
he or she must be sentenced to life without parole (the so-called "3 strikes, you're out"
law). No person serving a life sentence is entitled to mandatory release.
This bill provides that a person sentenced to life imprisonment for a crime
committed on or after July 1, 1998, is not eligible for parole. Instead, the bill requires
a judge who is sentencing a person to life imprisonment to do one of the following:
1) provide that the person is eligible for community supervision after serving 20
years; 2) set a date on which the person becomes eligible for community supervision,
as long as that date requires the person to serve at least 20 years; or 3) provide that
the person is not eligible for community supervision. If the court provides that the
person is eligible for community supervision, the person may petition the sentencing
court for release to community supervision on or after the community supervision
eligibility date. A person sentenced to life who is released to community supervision
is on community supervision for the remainder of his or her life and, like a person
on community supervision under a bifurcated sentence (see above), may have his or
her community supervision revoked and be returned to prison if he or she violates
a condition of community supervision. The bill does not affect persons sentenced to
life imprisonment without the possibility of parole under the "3 strikes, you're out"
law.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB351, s. 1 1Section 1. 19.85 (1) (d) of the statutes is amended to read:
AB351,6,42 19.85 (1) (d) Except as provided by rule promulgated under s. 304.06 (1) (em),
3considering specific applications of probation, community supervision or parole, or
4considering strategy for crime detection or prevention.
AB351, s. 2 5Section 2. 20.410 (1) (b) of the statutes is amended to read:
AB351,7,26 20.410 (1) (b) Field supervision. The amounts in the schedule to provide
7services related to probation, community supervision and parole. No payments may

1be made under this paragraph for payments in accordance with other states party
2to the interstate corrections compact under s. 302.25.
AB351, s. 3 3Section 3. 20.410 (1) (bn) of the statutes is amended to read:
AB351,7,84 20.410 (1) (bn) (title) Reimbursing counties for probation, community
5supervision
and parole holds. The amounts in the schedule for payments to counties
6under s. 302.33 (2) (a) for costs relating to maintaining persons in custody pending
7the disposition of their parole, community supervision or probation revocation
8proceedings.
AB351, s. 4 9Section 4. 20.410 (1) (d) of the statutes is amended to read:
AB351,7,1410 20.410 (1) (d) Purchased services for offenders. The amounts in the schedule
11for the purchase of goods, care and services, authorized under s. 301.08 (1) (b) 1., for
12probationers, parolees, persons on community supervision and other offenders,
13except as provided in par. (dd). In addition, funds from this appropriation shall be
14used to reimburse programs under s. 38.04 (12).
AB351, s. 5 15Section 5. 20.410 (1) (g) of the statutes is amended to read:
AB351,7,2016 20.410 (1) (g) (title) Loan fund for persons on probation, community supervision
17or parole.
The amounts in the schedule for the purposes specified in ss. 301.32 (3)
18and 304.075. All moneys received belonging to absconding probationers and,
19parolees, and persons on community supervision under ss. 301.32 (3) and 304.075
20shall be credited to this appropriation.
AB351, s. 6 21Section 6. 20.410 (1) (gb) of the statutes is amended to read:
AB351,8,222 20.410 (1) (gb) Drug testing. All moneys received from probation, community
23supervision
and parole clients who are required to pay for their drug testing, as
24prescribed by rule in accordance with s. 301.03 (3), for expenditures related to the

1drug testing program for probationers and, parolees and persons on community
2supervision
under s. 301.03 (3).
AB351, s. 7 3Section 7. 20.410 (1) (gc) of the statutes is amended to read:
AB351,8,84 20.410 (1) (gc) Sex offender honesty testing. All moneys received from
5probation, community supervision and parole clients who are required to pay for
6polygraph examinations, as prescribed by rule in accordance with s. 301.132 (3), for
7expenditures related to the lie detector test program for probationers , community
8supervision
and parolees under s. 301.132.
AB351, s. 8 9Section 8. 20.410 (1) (ge) of the statutes is amended to read:
AB351,8,1510 20.410 (1) (ge) Administrative and minimum supervision. The amounts in the
11schedule for the supervision of probationers and, parolees and persons on community
12supervision
under minimum or administrative supervision and for the department's
13costs associated with contracts under s. 301.08 (1) (c) 2. All moneys received from
14vendors under contracts under s. 301.08 (1) (c) 2. and from fees charged under s.
15304.073 (2) shall be credited to this appropriation account.
AB351, s. 9 16Section 9. 20.410 (1) (gf) of the statutes is amended to read:
AB351,8,1917 20.410 (1) (gf) Probation, community supervision and parole. The amounts in
18the schedule for probation, community supervision and parole. All moneys received
19under s. 304.074 (2) shall be credited to this appropriation account.
AB351, s. 10 20Section 10. 46.21 (1) (d) of the statutes is amended to read:
AB351,9,221 46.21 (1) (d) "Human services" means the total range of services to people,
22including mental illness treatment, developmental disabilities services, physical
23disabilities services, relief funded by a relief block grant under ch. 49, income
24maintenance, youth probation, community supervision and parole services, alcohol
25and drug abuse services, services to children, youth and families, family counseling,

1exceptional educational services for children from birth to the age of 3 and manpower
2services.
AB351, s. 11 3Section 11. 46.23 (2) (a) of the statutes is amended to read:
AB351,9,94 46.23 (2) (a) "Human services" means the total range of services to people
5including, but not limited to, health care, mental illness treatment, developmental
6disabilities services, relief funded by a block grant under ch. 49, income
7maintenance, probation, community supervision and parole services, alcohol and
8drug abuse services, services to children, youth and aging, family counseling,
9exceptional educational services and manpower services.
AB351, s. 12 10Section 12. 46.48 (8) (d) 1. of the statutes is amended to read:
AB351,9,1511 46.48 (8) (d) 1. The use of liaisons to meet with prospective program
12participants to provide information about the program and to assist program
13participants, prior to their release on community supervision or parole, in planning
14for and obtaining the housing, employment, education and treatment that they will
15need upon release.
AB351, s. 13 16Section 13. 48.78 (2) (d) 5. of the statutes is amended to read:
AB351,9,1817 48.78 (2) (d) 5. On parole under s. 302.11 or ch. 304 or on community
18supervision under s. 302.113 or 302.114
.
AB351, s. 14 19Section 14. 51.15 (1) (b) 2. of the statutes is amended to read:
AB351,9,2420 51.15 (1) (b) 2. A specific recent overt act or attempt or threat to act or omission
21by the individual which is reliably reported to the officer or person by any other
22person, including any probation, community supervision and parole agent
23authorized by the department of corrections to exercise control and supervision over
24a probationer or, parolee or person on community supervision.
AB351, s. 15 25Section 15. 51.20 (1) (ar) (intro.) of the statutes is amended to read:
AB351,10,15
151.20 (1) (ar) (intro.) If the individual is an inmate of a state prison, the petition
2may allege that the inmate is mentally ill, is a proper subject for treatment and is
3in need of treatment. The petition shall allege that appropriate less restrictive forms
4of treatment have been attempted with the individual and have been unsuccessful
5and it shall include a description of the less restrictive forms of treatment that were
6attempted. The petition shall also allege that the individual has been fully informed
7about his or her treatment needs, the mental health services available to him or her
8and his or her rights under this chapter and that the individual has had an
9opportunity to discuss his or her needs, the services available to him or her and his
10or her rights with a licensed physician or a licensed psychologist. The petition shall
11include the inmate's sentence and his or her expected date of release as determined
12under s. 302.11 or 302.113, whichever is applicable. The petition shall have attached
13to it a signed statement by a licensed physician or a licensed psychologist of a state
14prison and a signed statement by a licensed physician or a licensed psychologist of
15a state treatment facility attesting either of the following:
AB351, s. 16 16Section 16. 51.20 (13) (g) 2m. of the statutes is amended to read:
AB351,10,2017 51.20 (13) (g) 2m. In addition to the provisions under subds. 1., 2. and 2g., no
18commitment ordered under par. (a) 4. or 4m. may continue beyond the inmate's date
19of release on parole or community supervision, as determined under s. 302.11 or
20302.113, whichever is applicable
.
AB351, s. 17 21Section 17. 51.30 (4) (b) 10. (intro.) of the statutes is amended to read:
AB351,11,822 51.30 (4) (b) 10. (intro.) To a correctional facility or to a probation, community
23supervision
and parole agent who is responsible for the supervision of an individual
24who is receiving inpatient or outpatient evaluation or treatment under this chapter
25in a program that is operated by, or is under contract with, the department or a

1county department under s. 51.42 or 51.437, or in a treatment facility, as a condition
2of the probation, community supervision and parole supervision plan, or whenever
3such an individual is transferred from a state or local correctional facility to such a
4treatment program and is then transferred back to the correctional facility. Every
5probationer or, parolee or person on community supervision who receives evaluation
6or treatment under this chapter shall be notified of the provisions of this subdivision
7by the individual's probation, community supervision and parole agent. Release of
8records under this subdivision is limited to:
AB351, s. 18 9Section 18. 51.30 (4) (b) 10. a. of the statutes is amended to read:
AB351,11,1110 51.30 (4) (b) 10. a. The report of an evaluation which is provided pursuant to
11the written probation, community supervision and parole supervision plan.
AB351, s. 19 12Section 19. 51.30 (4) (b) 10. b. of the statutes is amended to read:
AB351,11,1513 51.30 (4) (b) 10. b. The discharge summary, including a record or summary of
14all somatic treatments, at the termination of any treatment which is provided as part
15of the probation, community supervision and parole supervision plan.
AB351, s. 20 16Section 20. 51.30 (4) (b) 10. d. of the statutes is amended to read:
AB351,11,2417 51.30 (4) (b) 10. d. Any information necessary to establish, or to implement
18changes in, the individual's treatment plan or the level and kind of supervision on
19probation, community supervision or parole, as determined by the director of the
20facility or the treatment director. In cases involving a person transferred back to a
21correctional facility, disclosure shall be made to clinical staff only. In cases involving
22a person on probation, community supervision or parole, disclosure shall be made to
23a probation, community supervision and parole agent only. The department shall
24promulgate rules governing the release of records under this subdivision.
AB351, s. 21 25Section 21. 51.37 (8) (a) of the statutes is amended to read:
AB351,12,10
151.37 (8) (a) Rights to reexamination under s. 51.20 (16) apply to a prisoner or
2inmate who is found to be mentally ill or drug dependent except that the petition
3shall be made to the court that made the finding or, if the prisoner or inmate is
4detained by transfer, to the circuit court of the county in which he or she is detained.
5If upon rehearing it is found that the standards for recommitment under s. 51.20 (13)
6(g) no longer apply to the prisoner or inmate or that he or she is not in need of
7psychiatric or psychological treatment, the prisoner or inmate shall be returned to
8the prison or county jail or house of correction unless it is past his or her release date
9as determined under s. 302.11 or 302.113, whichever is applicable, in which case he
10or she shall be discharged.
AB351, s. 22 11Section 22. 51.37 (8) (b) of the statutes is amended to read:
AB351,12,2512 51.37 (8) (b) If the condition of any prisoner or inmate committed or transferred
13under this section requires psychiatric or psychological treatment after his or her
14date of release as determined under s. 302.11 or 302.113, whichever is applicable, the
15director of the state treatment facility shall, within a reasonable time before the
16release date of the prisoner or inmate, make a written application to the court which
17committed the prisoner or inmate under sub. (5) (a). Thereupon, the proceeding shall
18be upon application made under s. 51.20, but no physician or psychologist who is
19connected with a state prison, Winnebago or Mendota mental health institute or any
20county jail or house of correction may be appointed as an examiner. If the court does
21not commit the prisoner or inmate, it may dismiss the application and order the
22prisoner or inmate returned to the institution from which he or she was transferred
23until the release date of the prisoner or inmate. If the court commits the prisoner or
24inmate for the period commencing upon his or her release date, the commitment
25shall be to the care and custody of the county department under s. 51.42 or 51.437.
AB351, s. 23
1Section 23. 51.37 (11) of the statutes is amended to read:
AB351,13,72 51.37 (11) When an individual who is in the custody of or under the supervision
3of a correctional officer of the department of corrections is transferred, discharged
4or is on unauthorized absence from a treatment facility, the probation , community
5supervision
and parole agent or other individual within the department of
6corrections who is responsible for that individual's supervision shall be notified as
7soon as possible by the director of the treatment facility.
AB351, s. 24 8Section 24. 71.83 (2) (b) of the statutes is amended to read:
AB351,13,189 71.83 (2) (b) Felony. 1. `False income tax return; fraud.' Any person, other than
10a corporation or limited liability company, who renders a false or fraudulent income
11tax return with intent to defeat or evade any assessment required by this chapter
12shall be guilty of a felony and may be fined not to exceed more than $10,000 or
13imprisoned for not to exceed 5 more than 7 years and 6 months or both, together with
14the cost of prosecution. In this subdivision, "return" includes a separate return filed
15by a spouse with respect to a taxable year for which a joint return is filed under s.
1671.03 (2) (g) to (L) after the filing of that separate return, and a joint return filed by
17the spouses with respect to a taxable year for which a separate return is filed under
18s. 71.03 (2) (m) after the filing of that joint return.
AB351,13,2519 2. `Officer of a corporation; false franchise or income tax return.' Any officer
20of a corporation or manager of a limited liability company required by law to make,
21render, sign or verify any franchise or income tax return, who makes any false or
22fraudulent franchise or income tax return, with intent to defeat or evade any
23assessment required by this chapter shall be guilty of a felony and may be fined not
24to exceed more than $10,000 or imprisoned for not to exceed 5 more than 7 years and
256 months
or both, together with the cost of prosecution.
AB351,14,5
13. `Evasion.' Any person who removes, deposits or conceals or aids in removing,
2depositing or concealing any property upon which a levy is authorized with intent
3to evade or defeat the assessment or collection of any tax administered by the
4department may be fined not more than $5,000 or imprisoned for not more than 3 4
5years and 6 months or both, together with the costs of prosecution.
AB351,14,126 4. `Fraudulent claim for credit.' The claimant who filed a claim for credit under
7s. 71.07, 71.28 or 71.47 or subch. VIII or IX that is false or excessive and was filed
8with fraudulent intent and any person who assisted in the preparation or filing of the
9false or excessive claim or supplied information upon which the false or excessive
10claim was prepared, with fraudulent intent, may be fined not to exceed more than
11$10,000 or imprisoned for not to exceed 5 more than 7 years and 6 months or both,
12together with the cost of prosecution.
AB351, s. 25 13Section 25. 106.215 (8g) (b) of the statutes is amended to read:
AB351,14,1914 106.215 (8g) (b) If the department of corrections is a sponsor of a project that
15is approved under this subsection, the corps members on the project shall be
16prisoners in state prison, probationers or, parolees or persons on community
17supervision
and the members of the project shall receive applicable alcohol or other
18drug abuse treatment and educational programming services for a portion of each
19work week, but not to exceed 8 hours per work week.
AB351, s. 26 20Section 26. 111.32 (3) of the statutes is amended to read:
AB351,14,2521 111.32 (3) "Conviction record" includes, but is not limited to, information
22indicating that an individual has been convicted of any felony, misdemeanor or other
23offense, has been adjudicated delinquent, has been less than honorably discharged,
24or has been placed on probation, fined, imprisoned, placed on community supervision
25or paroled pursuant to any law enforcement or military authority.
AB351, s. 27
1Section 27. 132.13 (1) (a) of the statutes is amended to read:
AB351,15,192 132.13 (1) (a) All goods, wares, and merchandise made wholly or in part by
3convict labor in any penitentiary, prison, reformatory or other establishment in
4which convict labor is employed except convicts or prisoners on parole , community
5supervision
or probation, shall before being exposed for sale be branded, labeled,
6marked or tagged as herein provided and shall not be exposed for sale or sold in this
7state without such brand, label, mark or tag. Such brand, label, mark or tag shall
8contain at the head or top thereof the words "convict-made" followed by the name of
9the penitentiary, prison, or other establishment in which it was made in plain
10English lettering of the style and size known as eighteen point Cheltenham bold type
11capitals. The brand or mark shall in all cases where the nature of the articles will
12permit be placed on each individual article or part of such article that is sold, and only
13where such branding or marking is impossible shall a label or tag be used and where
14a label is used it shall be securely pasted onto each such article and when a tag is used
15it shall be a paper tag securely fastened to such article or part of article sold. In
16addition to the marking of each article or part of article sold a similar brand, mark,
17label or tag shall be placed upon the outside or upon its box, crate, or other covering.
18All brands, labels, marks, and tags shall be placed on a conspicuous part of such
19article or part of article and its container.
AB351, s. 28 20Section 28. 139.44 (1m) of the statutes is amended to read:
AB351,15,2321 139.44 (1m) Any person who falsely or fraudulently tampers with a cigarette
22meter in order to evade the tax under s. 139.31 shall be imprisoned for not less than
23one year nor more than 10 15 years.
AB351, s. 29 24Section 29. 139.44 (2) of the statutes is amended to read:
AB351,16,5
1139.44 (2) Any person who makes or verifies any false or fraudulent report or
2who attempts to evade the tax imposed by s. 139.31 or 139.76, or who aids in or abets
3the evasion or attempted evasion of that tax shall be fined not less than $1,000 nor
4more than $5,000 or imprisoned not less than 90 days nor more than one year 2 years
5or both.
AB351, s. 30 6Section 30. 139.44 (8) (c) of the statutes is amended to read:
AB351,16,87 139.44 (8) (c) If the number of cigarettes exceeds 36,000, a fine of not more than
8$10,000 or imprisonment for not more than 2 3 years or both.
AB351, s. 31 9Section 31. 139.95 (2) of the statutes is amended to read:
AB351,16,1310 139.95 (2) A dealer who possesses a schedule I controlled substance or schedule
11II controlled substance that does not bear evidence that the tax under s. 139.88 has
12been paid may be fined not more than $10,000 or imprisoned for not more than 5 7
13years and 6 months or both.
AB351, s. 32 14Section 32. 139.95 (3) of the statutes is amended to read:
AB351,16,2215 139.95 (3) Any person who falsely or fraudulently makes, alters or counterfeits
16any stamp or procures or causes the same to be done or who knowingly utters,
17publishes, passes or tenders as true any false, altered or counterfeit stamp or who
18affixes a counterfeit stamp to a schedule I controlled substance or schedule II
19controlled substance or who possesses a schedule I controlled substance or schedule
20II controlled substance to which a false, altered or counterfeit stamp is affixed may
21be fined not more than $10,000 or imprisoned for not less than one year nor more
22than 10 15 years or both.
AB351, s. 33 23Section 33. 165.76 (1) (a) of the statutes is amended to read:
AB351,17,324 165.76 (1) (a) Is in prison or a secured correctional facility, as defined in s.
25938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g) or on

1probation, community supervision, parole, supervision or aftercare supervision on
2or after August 12, 1993, for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or
3948.025.
AB351, s. 34 4Section 34. 165.76 (1) (e) of the statutes is amended to read:
AB351,17,95 165.76 (1) (e) Is on parole, community supervision or probation in this state
6from another state under s. 304.13 or 304.135 on or after July 9, 1996, for a violation
7of the law of another state that the department of corrections determines, under s.
8304.137, is comparable to a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or
9948.025.
AB351, s. 35 10Section 35. 165.76 (2) (b) 1. of the statutes is amended to read:
AB351,17,1511 165.76 (2) (b) 1. If the person has been placed on probation or supervision, he
12or she shall provide the specimen under par. (a) at the office of a county sheriff as soon
13after the placement as practicable, as directed by his or her probation , community
14supervision
and parole agent or, if a child, the agency providing supervision for the
15child.
AB351, s. 36 16Section 36. 165.76 (2) (b) 2. of the statutes is amended to read:
AB351,17,2417 165.76 (2) (b) 2. If the person has been sentenced to prison or placed in a secured
18correctional facility or a secured child caring institution, he or she shall provide the
19specimen under par. (a) at the office of a county sheriff as soon as practicable after
20release on parole, community supervision or aftercare supervision, as directed by his
21or her probation, community supervision and parole agent or aftercare agent, except
22that the department of corrections may require the person to provide the specimen
23while he or she is in prison or in a secured correctional facility or a secured child
24caring institution.
AB351, s. 37 25Section 37. 165.76 (2) (b) 3m. of the statutes is amended to read:
AB351,18,5
1165.76 (2) (b) 3m. If the person is on parole , community supervision or
2probation in this state from another state under s. 304.13 or 304.135, he or she shall
3provide the specimen under par. (a) at the office of a county sheriff as soon as
4practicable after entering this state, as directed by his or her probation, community
5supervision
and parole agent.
AB351, s. 38 6Section 38. 165.76 (2) (b) 5. of the statutes is amended to read:
AB351,18,127 165.76 (2) (b) 5. Notwithstanding subds. 1. to 3., for persons who are subject
8to sub. (1) and who are in prison, a secured correctional facility or a secured child
9caring institution or on probation, community supervision, parole, supervision or
10aftercare supervision on August 12, 1993, the departments of justice, corrections
11and health and family services shall cooperate to have these persons provide
12specimens under par. (a) before July 1, 1998.
AB351, s. 39 13Section 39. 165.76 (2) (b) 6. of the statutes is amended to read:
AB351,18,1814 165.76 (2) (b) 6. Notwithstanding subd. 3m., for a person who is subject to sub.
15(1) (e) and who is on parole, community supervision or probation in this state from
16another state on July 9, 1996, the department of justice and the department of
17corrections shall cooperate to have these persons provide specimens under par. (a)
18before July 1, 2000.
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