AB879: Bill Text

This bill eliminates positive adjustment time, restores the Parole Commission, eliminates the ERRC, and returns the sentencing provisions, the provisions relating to early release from confinement, and the provisions relating to review of revocation of release to pre-Act law.

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:

AB879, s. 1 Section 1. 15.01 (2) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB879,4,11 15.01 (2) "Commission" means a 3-member governing body in charge of a department or independent agency or of a division or other subunit within a department, except for the Wisconsin waterways commission which shall consist of 5 members and the earned release review parole commission which shall consist of 8 members. A Wisconsin group created for participation in a continuing interstate body, or the interstate body itself, shall be known as a "commission", but is not a commission for purposes of s. 15.06. The earned release review parole commission created under s. 15.145 (1) shall be known as a "commission", but is not a commission for purposes of s. 15.06.

AB879, s. 2 Section 2. 15.06 (6) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB879,4,17 15.06 (6) Quorum. A majority of the membership of a commission constitutes a quorum to do business, except that vacancies shall not prevent a commission from doing business. This subsection does not apply to the earned release review parole commission.

AB879, s. 3 Section 3. 15.145 (1) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB879,5,7 15.145 (1) Earned release review Parole commission. There is created in the department of corrections an earned release review a parole commission consisting of 8 members. Members shall have knowledge of or experience in corrections or criminal justice. The members shall include a chairperson who is nominated by the governor, and with the advice and consent of the senate appointed, for a 2-year term expiring March 1 of the odd-numbered years, subject to removal under s. 17.07 (3m), and the remaining members in the classified service appointed by the chairperson.

AB879, s. 4 Section 4. 17.07 (3m) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB879,5,11 17.07 (3m) Notwithstanding sub. (3), the earned release review parole commission chairperson may be removed by the governor, at pleasure.

AB879, s. 5 Section 5. 20.410 (1) (ds) of the statutes, as affected by 2009 Wisconsin Act 28, is repealed.

AB879, s. 6 Section 6. 20.410 (2) (title) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB879,5,16 20.410 (2) (title) Earned release review Parole commission.

AB879, s. 7 Section 7. 20.410 (2) (a) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB879,5,20 20.410 (2) (a) General program operations. The amounts in the schedule for the general program operations of the earned release review parole commission.

AB879, s. 8 Section 8. 20.923 (4) (b) 6. of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB879,5,23 20.923 (4) (b) 6. Earned release review Parole commission: chairperson.

AB879, s. 9 Section 9. 230.08 (2) (pd) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB879,6,2 230.08 (2) (pd) The chairperson of the earned release review parole commission.

AB879, s. 10 Section 10. 301.03 (3) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB879,6,18 301.03 (3) Administer parole, extended supervision, and probation matters, except that the decision to grant or deny parole or to grant extended supervision under s. 304.06 (1) to inmates shall be made by the earned release review parole commission and the decision to revoke probation, extended supervision or parole in cases in which there is no waiver of the right to a hearing shall be made by the division of hearings and appeals in the department of administration. The secretary may grant special action parole releases under s. 304.02. The department may discharge inmates from extended supervision under s. 973.01 (4m) and may modify a bifurcated sentence under s. 302.113 (9h), and the earned release review commission may modify a sentence under s. 302.1135. The department shall promulgate rules establishing a drug testing program for probationers, parolees and persons placed on extended supervision. The rules shall provide for assessment of fees upon probationers, parolees and persons placed on extended supervision to partially offset the costs of the program.

AB879, s. 11 Section 11. 301.048 (2) (am) 3. of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB879,6,23 301.048 (2) (am) 3. The earned release review parole commission grants him or her parole under s. 304.06 and requires his or her participation in the program as a condition of parole under s. 304.06 (1x).

AB879, s. 12 Section 12. 301.068 of the statutes, as affected by 2009 Wisconsin Act 28, is repealed.

AB879, s. 13 Section 13. 301.21 (1m) (c) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB879,7,6 301.21 (1m) (c) Any hearing to consider parole or whether to grant extended supervision, if the inmate is sentenced under s. 973.01 to which an inmate confined under this contract may be entitled by the laws of Wisconsin will be conducted by the Wisconsin earned release review parole commission under rules of the department.

AB879, s. 14 Section 14. 301.21 (2m) (c) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB879,7,13 301.21 (2m) (c) Any hearing to consider parole or whether to grant extended supervision, if the prisoner is sentenced under s. 973.01 to which a prisoner confined under a contract under this subsection may be entitled by the laws of Wisconsin shall be conducted by the Wisconsin earned release review parole commission under rules of the department.

AB879, s. 15 Section 15. 302.042 of the statutes, as affected by 2009 Wisconsin Act 28, is repealed.

AB879, s. 16 Section 16. 302.045 (1) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB879,8,8 302.045 (1) Program. The department shall provide a challenge incarceration program for inmates selected to participate under sub. (2). The program shall provide participants with manual labor, personal development counseling, substance abuse treatment and education, military drill and ceremony, counseling, and strenuous physical exercise, for participants who have not attained the age of 30 as of the date on which they begin participating in the program, or age-appropriate strenuous physical exercise, for all other participants, in preparation for release on parole or extended supervision. The program shall provide, according to each participant's needs as assessed under sub. (2) (d), substance abuse treatment and education, including intensive intervention when indicated, personal development counseling, education, employment readiness training, and other treatment options that are directly related to the participant's criminal behavior. 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.

AB879, s. 17 Section 17. 302.045 (2) (d) of the statutes, as affected by 2009 Wisconsin Act 28, is repealed and recreated to read:

AB879,8,12 302.045 (2) (d) The department determines, during assessment and evaluation, that the inmate has a substance abuse problem.

AB879, s. 18 Section 18. 302.045 (3) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB879,8,22 302.045 (3) Parole eligibility. Except as provided in sub. (4), if the department determines that an inmate serving a sentence other than one imposed under s. 973.01 has successfully completed the challenge incarceration program, the earned release review parole commission shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served. When the earned release review parole commission grants parole under this subsection, it must require the parolee to participate in an intensive supervision program appropriate to the parolee's rehabilitation needs for drug abusers as a condition of parole.

AB879, s. 19 Section 19. 302.045 (3m) (d) of the statutes, as affected by 2009 Wisconsin Act 28, is repealed.

AB879, s. 20 Section 20. 302.05 (title) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB879,9,3 302.05 (title) Wisconsin earned release substance abuse program.

AB879, s. 21 Section 21. 302.05 (1) of the statutes, as affected by 2009 Wisconsin Act 28, is renumbered 302.05 (1) (am) (intro.) and amended to read:

AB879,9,15 302.05 Wisconsin earned release program. (1) (am) (intro.) The department of corrections shall, at any correctional facility the department determines is appropriate, provide a rehabilitation program for inmates for the purposes of the earned release program described in sub. (3). and the department of health services may designate a section of a mental health institute as a correctional treatment facility for the treatment of substance abuse of inmates transferred from Wisconsin state prisons. This section shall be administered by the department of corrections and shall be known as the Wisconsin substance abuse program. The department of corrections and the department of health services shall ensure that the residents at the institution and the residents in the substance abuse program:

AB879, s. 22 Section 22. 302.05 (1) (am) 1. of the statutes is created to read:

AB879,9,19 302.05 (1) (am) 1. Have access to all facilities that are available at the institution and are necessary for the treatment programs designed by the departments.

AB879, s. 23 Section 23. 302.05 (1) (am) 2. of the statutes is created to read:

AB879,9,21 302.05 (1) (am) 2. Are housed on separate wards.

AB879, s. 24 Section 24. 302.05 (1) (b) of the statutes is created to read:

AB879,9,24 302.05 (1) (b) The department of corrections and the department of health services shall, at any correctional facility the departments determine is appropriate, provide a substance abuse treatment program for inmates for the purposes of the earned release program described in sub. (3).

AB879, s. 25 Section 25. 302.05 (2) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB879,10,7 302.05 (2) Transfer to a correctional treatment facility for participation in a program described in sub. (1) the treatment of substance abuse shall be considered a transfer under s. 302.18.

AB879, s. 26 Section 26. 302.05 (3) (b) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB879,10,17 302.05 (3) (b) Except as provided in par. (d), if the department determines that an eligible inmate serving a sentence other than one imposed under s. 973.01 has successfully completed a rehabilitation treatment program described in sub. (1), the earned release review parole commission shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served. If the earned release review parole commission grants parole under this paragraph, it shall require the parolee to participate in an intensive supervision program appropriate to the parolee's rehabilitation needs for drug abusers as a condition of parole.

AB879, s. 27 Section 27. 302.05 (3) (c) 1. of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB879,10,24 302.05 (3) (c) 1. Except as provided in par. (d), if the department determines that an eligible inmate serving the term of confinement in prison portion of a bifurcated sentence imposed under s. 973.01 has successfully completed a rehabilitation treatment program described in sub. (1), the department shall inform the court that sentenced the inmate.

AB879, s. 28 Section 28. 302.05 (3) (c) 2. (intro.) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB879,11,6 302.05 (3) (c) 2. (intro.) Upon being informed by the department under subd. 1. that an inmate whom the court sentenced under s. 973.01 has successfully completed a rehabilitation treatment program described in sub. (1), the court shall modify the inmate's bifurcated sentence as follows:

AB879, s. 29 Section 29. 302.05 (3) (c) 3. of the statutes is repealed.

AB879, s. 30 Section 30. 302.05 (3) (d) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB879,11,12 302.05 (3) (d) The department may place intensive sanctions program participants in a rehabilitation treatment program described in sub. (1), but pars. (b) and (c) do not apply to those participants.

AB879, s. 31 Section 31. 302.11 (1g) (b) (intro.) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB879,11,22 302.11 (1g) (b) (intro.) Before an incarcerated inmate with a presumptive mandatory release date reaches the presumptive mandatory release date specified under par. (am), the earned release review parole commission shall proceed under s. 304.06 (1) to consider whether to deny presumptive mandatory release to the inmate. If the earned release review parole commission does not deny presumptive mandatory release, the inmate shall be released on parole. The earned release review parole commission may deny presumptive mandatory release to an inmate only on one or more of the following grounds:

AB879, s. 32 Section 32. 302.11 (1g) (b) 2. of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB879,12,7 302.11 (1g) (b) 2. Refusal by the inmate to participate in counseling or treatment that the social service and clinical staff of the institution determines is necessary for the inmate, including pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen if the inmate is a serious child sex offender as defined in s. 304.06 (1q) (a). The earned release review parole commission may not deny presumptive mandatory release to an inmate because of the inmate's refusal to participate in a rehabilitation program under s. 301.047.

AB879, s. 33 Section 33. 302.11 (1g) (c) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB879,12,13 302.11 (1g) (c) If the earned release review parole commission denies presumptive mandatory release to an inmate under par. (b), the earned release review parole commission shall schedule regular reviews of the inmate's case to consider whether to parole the inmate under s. 304.06 (1).

AB879, s. 34 Section 34. 302.11 (1g) (d) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB879,12,18 302.11 (1g) (d) An inmate may seek review of a decision by the earned release review parole commission relating to the denial of presumptive mandatory release only by the common law writ of certiorari.

AB879, s. 35 Section 35. 302.11 (1m) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB879,12,23 302.11 (1m) An inmate serving a life term is not entitled to mandatory release. Except as provided in ss. 939.62 (2m) (c) and 973.014, the earned release review parole commission may parole the inmate as specified in s. 304.06 (1).

AB879, s. 36 Section 36. 302.11 (7) (c) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB879,13,3 302.11 (7) (c) The earned release review parole commission may subsequently parole, under s. 304.06 (1), and the department may subsequently parole, under s. 304.02, a parolee who is returned to prison for violation of a condition of parole.

AB879, s. 37 Section 37. 302.113 (1) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB879,13,16 302.113 (1) An inmate is subject to this section if he or she is serving a bifurcated sentence imposed under s. 973.01. An inmate convicted of a misdemeanor or of a Class F to Class I felony that is not a violent offense, as defined in s. 301.048 (2) (bm) 1., and who is eligible for positive adjustment time under sub. (2) (b) pursuant to s. 973.01 (3d) (b) may be released to extended supervision under sub. (2) (b) or (9h). An inmate convicted of a Class C to Class E felony or a Class F to Class I felony that is a violent offense, as defined in s. 301.048 (2) (bm) 1., or a Class F to Class I felony that is not a violent offense, as defined under s. 301.048 (2) (bm) 1., but who is ineligible for positive adjustment time under sub. (2) (b) pursuant to s. 973.01 (3d) (b) may be released to extended supervision only under sub. (2) (a) or (9h) or s. 304.06.

AB879, s. 38 Section 38. 302.113 (2) (a) of the statutes, as affected by 2009 Wisconsin Act 28, is renumbered 302.113 (2) and amended to read:

AB879,13,25 302.113 (2) Except as provided in par. (b) and subs. (3) and (9) and s. 304.06, an inmate subject to this section is entitled to release to extended supervision after he or she has served the term of confinement in prison portion of the sentence imposed under s. 973.01, as modified by the department under sub. (9h), as modified under s. 302.1135 by the earned release review commission in the manner specified in s. 302.1135 (6) (a), or as modified by the sentencing court under sub. (9g) or s. 302.045 (3m) (b) 1., 302.05 (3) (c) 2. a., or 973.195 (1r), if applicable.

AB879, s. 39 Section 39. 302.113 (2) (b) of the statutes, as affected by 2009 Wisconsin Act 28, is repealed.

AB879, s. 40 Section 40. 302.113 (2) (c) of the statutes, as affected by 2009 Wisconsin Act 28, is repealed.

AB879, s. 41 Section 41. 302.113 (3) (d) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB879,14,10 302.113 (3) (d) If the term of confinement in prison portion of a bifurcated sentence for a Class B felony is increased under this subsection, the term of extended supervision is reduced so that the total length of the bifurcated sentence does not change.

AB879, s. 42 Section 42. 302.113 (3) (e) of the statutes, as affected by 2009 Wisconsin Act 28, is repealed.

AB879, s. 43 Section 43. 302.113 (7) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB879,14,22 302.113 (7) Any inmate released to extended supervision under this section is subject to all conditions and rules of extended supervision until the expiration of the term of extended supervision portion of the bifurcated sentence or until the department discharges the inmate under s. 973.01 (4m), whichever is appropriate. The department may set conditions of extended supervision in addition to any conditions of extended supervision required under s. 302.116, if applicable, or set by the court under sub. (7m) or s. 973.01 (5) if the conditions set by the department do not conflict with the court's conditions.

AB879, s. 44 Section 44. 302.113 (9) (am) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB879,15,14 302.113 (9) (am) If a person released to extended supervision under this section or under s. 302.1135 violates a condition of extended supervision, the reviewing authority may revoke the extended supervision of the person. If the extended supervision of the person is revoked, the reviewing authority person shall be returned to the circuit court for the county in which the person was convicted of the offense for which he or she was on extended supervision, and the court shall order the person to 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 confinement under the sentence before release to extended supervision under sub. (2) and less all time served in confinement for previous revocations of extended supervision under the sentence. The order returning a person to prison under this paragraph shall provide the person whose extended supervision was revoked with credit in accordance with ss. 304.072 and 973.155.

AB879, s. 45 Section 45. 302.113 (9) (at) of the statutes, as affected by 2009 Wisconsin Act 28, is created to read:

AB879,15,21 302.113 (9) (at) When a person is returned to court under par. (am) after revocation of extended supervision, the reviewing authority shall make a recommendation to the court concerning the period of time for which the person should be returned to prison. The recommended time period may not exceed the time remaining on the bifurcated sentence, as calculated under par. (am).

AB879, s. 46 Section 46. 302.113 (9) (b) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB879,16,6 302.113 (9) (b) A person who is returned to prison after revocation of extended supervision shall be incarcerated for the entire period of time specified by the order court under par. (am). The period of time specified under par. (am) may be extended in accordance with sub. (3). If a person is returned to prison under par. (am) for a period of time that is less than the time remaining on the bifurcated sentence, the person shall be released to extended supervision after he or she has served the period of time specified by the order court under par. (am) and any periods of extension imposed in accordance with sub. (3).

AB879, s. 47 Section 47. 302.113 (9) (c) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read: