AB594: Bill Text

LRB-2321/2

PJH:bjk:md

2009 - 2010 LEGISLATURE

2009 Assembly BILL 594

November 24, 2009 - Introduced by Representatives Staskunas, Gundrum, Danou, Ballweg, Berceau, Bies, Brooks, Gunderson, Kerkman, LeMahieu, Mursau, A. Ott, Petrowski, Spanbauer, Townsend, Turner and Vos, cosponsored by Senators Plale, Darling, Schultz and Hansen. Referred to Committee on Corrections and the Courts.

AB594,1,8 An Act to amend 51.37 (10) (dm), 51.37 (10) (dx), 302.1135 (7) (a), 302.114 (6) (a), 304.06 (1) (d) 1., 304.06 (1) (d) 4., 304.06 (1) (e), 304.06 (1) (eg), 304.06 (1) (em), 304.06 (1) (f), 304.09 (3), 304.10 (2), 971.17 (4m) (c), 971.17 (6m) (c) and 971.17 (6m) (d); and to create 51.37 (10) (dg) 4., 301.046 (4) (b) 3., 301.048 (4m) (b) 3., 301.38 (2) (c), 302.105 (2) (c), 303.068 (4m) (b) 3., 304.06 (1) (c) 4., 304.063 (2) (c), 304.09 (2) (d), 971.17 (4m) (b) 3. and 971.17 (6m) (b) 3. of the statutes; relating to: notifying a law enforcement agency when certain persons are released from the custody of the Department of Corrections.

Analysis by the Legislative Reference Bureau

Under current law, when a person who committed a crime petitions for release from a correctional facility, escapes from a correctional facility, is released from extended supervision or parole, petitions for a pardon, is placed into a community setting, or is conditionally or permanently released from a mental health facility, the victim of the person's crime is notified. If the victim of the crime was killed, the victim's family receives notification. If the notification relates to a petition for early release, sentence modification, or a pardon, the victim or the victim's family may testify against the person's petition.

Under this bill, if the victim was a law enforcement officer and was killed by the person, the law enforcement agency that employed the victim and the head of the bargaining unit that represented the victim must be notified under the same circumstances as a victim or the family of the victim. The bill affords the law enforcement agency and the head of the bargaining unit the same opportunities to testify against the person's petition for early release, sentence modification, or a pardon.

For further information see the state and local 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:

AB594, s. 1 Section 1. 51.37 (10) (dg) 4. of the statutes is created to read:

AB594,2,6 51.37 (10) (dg) 4. If the patient committed an offense described in s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, or 940.10 and the victim was a law enforcement officer, as defined in s. 102.475 (8) (c), notify the law enforcement agency on which the officer served and the head of the collective bargaining unit, if any, for that law enforcement agency.

AB594, s. 2 Section 2. 51.37 (10) (dm) of the statutes is amended to read:

AB594,2,12 51.37 (10) (dm) 1. The notice under par. (dg) shall inform the offices and person persons under par. (dg) 1. to 3. 4. of the patient's name and of the date the patient will begin the home visit or leave. The department shall provide notice under this paragraph for a patient's first extended home visit or leave and, upon request, for subsequent extended home visits or leaves.

AB594,2,15 2. The department shall send the notice, postmarked at least 7 days before the patient begins the extended home visit or leave, to the last-known address addresses of the offices and person persons under par. (dg) 1. to 3. 4.

AB594,2,18 3. If the notice is for a first extended home visit or leave, the notice shall inform the offices and person persons under par. (dg) 1. to 3. 4. that notification of subsequent extended home visits or leaves will be provided only upon request.

AB594, s. 3 Section 3. 51.37 (10) (dx) of the statutes is amended to read:

AB594,3,10 51.37 (10) (dx) The department shall design and prepare cards for persons specified in par. (dg) 3. and 4. to send to the department. The cards shall have space for these persons to provide their names and addresses, the name of the applicable patient and any other information the department determines is necessary. The department shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to persons specified in par. (dg) 3. and 4. These persons may send completed cards to the department. All departmental 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).

AB594, s. 4 Section 4. 301.046 (4) (b) 3. of the statutes is created to read:

AB594,3,16 301.046 (4) (b) 3. If the prisoner was convicted of an offense under s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, or 940.10 and the victim was a law enforcement officer, as defined in s. 102.475 (8) (c), the law enforcement agency on which the officer served and the head of the collective bargaining unit, if any, for that law enforcement agency.

AB594, s. 5 Section 5. 301.048 (4m) (b) 3. of the statutes is created to read:

AB594,3,22 301.048 (4m) (b) 3. If the prisoner was convicted of an offense under s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, or 940.10 and the victim was a law enforcement officer, as defined in s. 102.475 (8) (c), the law enforcement agency on which the officer served and the head of the collective bargaining unit, if any, for that law enforcement agency.

AB594, s. 6 Section 6. 301.38 (2) (c) of the statutes is created to read:

AB594,4,3 301.38 (2) (c) If the prisoner was convicted of an offense under s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, or 940.10 and the victim was a law enforcement officer, as defined in s. 102.475 (8) (c), the law enforcement agency on which the officer served and the head of the collective bargaining unit, if any, for that law enforcement agency.

AB594, s. 7 Section 7. 302.105 (2) (c) of the statutes is created to read:

AB594,4,9 302.105 (2) (c) If the inmate was convicted of an offense under s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, or 940.10 and the victim was a law enforcement officer, as defined in s. 102.475 (8) (c), the law enforcement agency on which the officer served and the head of the collective bargaining unit, if any, for that law enforcement agency.

AB594, s. 8 Section 8. 302.1135 (7) (a) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB594,4,17 302.1135 (7) (a) In this subsection, "victim" has the meaning given in s. 950.02 (4) and includes, if the inmate was convicted of an offense under s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, or 940.10 and the person killed was a law enforcement officer, as defined in s. 102.475 (8) (c), the law enforcement agency on which the officer served and the head of the collective bargaining unit, if any, for that law enforcement agency.

AB594, s. 9 Section 9. 302.114 (6) (a) of the statutes is amended to read:

AB594,4,24 302.114 (6) (a) In this subsection, "victim" has the meaning given in s. 950.02 (4) and includes, if the inmate was convicted of an offense under s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, or 940.10 and the person killed was a law enforcement officer, as defined in s. 102.475 (8) (c), the law enforcement agency on which the officer served and the head of the collective bargaining unit, if any, for that law enforcement agency.

AB594, s. 10 Section 10. 303.068 (4m) (b) 3. of the statutes is created to read:

AB594,5,5 303.068 (4m) (b) 3. If the inmate was convicted of an offense under s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, or 940.10 and the victim was a law enforcement officer, as defined in s. 102.475 (8) (c), the law enforcement agency on which the officer served and the head of the collective bargaining unit, if any, for that law enforcement agency.

AB594, s. 11 Section 11. 304.06 (1) (c) 4. of the statutes is created to read:

AB594,5,11 304.06 (1) (c) 4. If the inmate was convicted of an offense under s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, or 940.10 and the victim was a law enforcement officer, as defined in s. 102.475 (8) (c), the law enforcement agency on which the officer served and the head of the collective bargaining unit, if any, for that law enforcement agency.

AB594, s. 12 Section 12. 304.06 (1) (d) 1. of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB594,5,25 304.06 (1) (d) 1. The notice under par. (c) shall inform the offices and persons under par. (c) 1. to 3. 4. of the manner in which they may provide written statements under this subsection, shall inform persons under par. (c) 3. or 4. of the manner in which they may attend interviews or hearings and make statements under par. (eg) and shall inform persons under par. (c) 3. or 4. who are or who represented, pursuant to par. (c) 4., victims, or family members of victims, of crimes specified in s. 940.01, 940.03, 940.05, 940.225 (1), (2), or (3), 948.02 (1) or (2), 948.025, 948.06 or 948.07 of the manner in which they may have direct input in the decision-making process under par. (em) for parole or release to extended supervision. The earned release review commission shall provide notice under this paragraph for an inmate's first application for parole or release to extended supervision and, upon request, for subsequent applications for parole or release to extended supervision.

AB594, s. 13 Section 13. 304.06 (1) (d) 4. of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB594,6,6 304.06 (1) (d) 4. If the notice is for a first application for parole or release to extended supervision, the notice shall inform the offices and persons under par. (c) 1. to 3. 4. that notification of subsequent applications for parole or release to extended supervision will be provided only upon request.

AB594, s. 14 Section 14. 304.06 (1) (e) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB594,6,14 304.06 (1) (e) The earned release review commission shall permit any office or person under par. (c) 1. to 3. 4. to provide written statements. The earned release review commission shall give consideration to any written statements provided by any such office or person and received on or before the date specified in the notice. This paragraph does not limit the authority of the earned release review commission to consider other statements or information that it receives in a timely fashion.

AB594, s. 15 Section 15. 304.06 (1) (eg) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB594,6,20 304.06 (1) (eg) The earned release review commission shall permit any person under par. (c) 3. or 4. to attend any interview or hearing on the application for parole or release to extended supervision of an applicable inmate and to make a statement at that interview or hearing.

AB594, s. 16 Section 16. 304.06 (1) (em) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB594,7,3 304.06 (1) (em) The earned release review commission shall promulgate rules that provide a procedure to allow any person who is a victim, or a family member of a victim, of a crime specified in s. 940.01, 940.03, 940.05, 940.225 (1), (2), or (3), 948.02 (1) or (2), 948.025, 948.06 or 948.07 and to allow a person specified under par. (c) 4. to have direct input in the decision-making process for parole or release to extended supervision.

AB594, s. 17 Section 17. 304.06 (1) (f) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB594,7,22 304.06 (1) (f) The earned release review commission shall design and prepare cards for persons specified in par. (c) 3. and 4. to send to the commission. The cards shall have space for these persons to provide their names and addresses, the name of the applicable prisoner and any other information the earned release review commission determines is necessary. The earned release review commission shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to persons specified in par. (c) 3. and 4. These persons may send completed cards to the earned release review commission. All commission 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). Before any written statement of a person specified in par. (c) 3. or 4. is made a part of the documentary record considered in connection with a hearing for parole, or release to extended supervision under this section, the earned release review commission shall obliterate from the statement all references to the mailing addresses of the person. A person specified in par. (c) 3. or 4. who attends an interview or hearing under par. (eg) may not be required to disclose at the interview or hearing his or her mailing addresses.

AB594, s. 18 Section 18. 304.063 (2) (c) of the statutes is created to read:

AB594,8,3 304.063 (2) (c) If the prisoner was convicted of an offense under s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, or 940.10 and the victim was a law enforcement officer, as defined in s. 102.475 (8) (c), the law enforcement agency on which the officer served and the head of the collective bargaining unit, if any, for that law enforcement agency.