LRB-4014/2
PJH:cjs
2015 - 2016 LEGISLATURE
March 15, 2016 - Introduced by Representatives Goyke, Barnes, Brostoff,
Zamarripa, Zepnick, Spreitzer and Considine. Referred to Committee on
Corrections.
AB1000,1,3 1An Act to amend 302.113 (9g) (cm); and to create 301.03 (3n) of the statutes;
2relating to: modification of a sentence served by an inmate with an
3extraordinary health condition.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Corrections to adopt evidence-based
criteria for determining when to modify a sentence confining a person who has an
extraordinary health condition.
The bill also requests the Legislative Audit Bureau to perform a financial and
performance evaluation audit of modification by the Department of Corrections of
sentences for inmates with extraordinary health conditions. If the bureau performs
the audit, it must file its report by July 1, 2017.
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:
AB1000,1 4Section 1. 301.03 (3n) of the statutes is created to read:
AB1000,2,3
1301.03 (3n) Adopt evidence-based criteria for modifying the sentence of an
2inmate who has an extraordinary health condition, as defined in s. 302.113 (9g) (a)
31.
AB1000,2 4Section 2. 302.113 (9g) (cm) of the statutes is amended to read:
AB1000,2,175 302.113 (9g) (cm) If, after After receiving the petition under par. (c), the
6program review committee determines that shall determine whether the public
7interest would be served by a modification of the inmate's bifurcated sentence in the
8manner provided under par. (f), the. The committee shall apply the criteria
9developed under s. 301.03 (3n) when considering a petition submitted by an inmate
10alleging that he or she has an extraordinary health condition. If the
committee
11determines that the public interest would be served by the modification, it shall
12approve the petition for referral to the sentencing court and notify the department
13of its approval. The department shall then refer the inmate's petition to the
14sentencing court and request the court to conduct a hearing on the petition. If the
15program review committee determines that the public interest would not be served
16by a modification of the inmate's bifurcated sentence in the manner specified in par.
17(f), the committee shall deny the inmate's petition.
AB1000,3 18Section 3. Nonstatutory provisions.
AB1000,2,2319 (1) Audit of the use of sentence modification. The legislative audit bureau
20is requested to perform a financial and performance evaluation audit of modification
21by the department of corrections of sentences for inmates with extraordinary health
22conditions. If the legislative audit bureau performs the audit it shall file its report
23as described under section 13.94 (1) (b) of the statutes by July 1, 2017.
AB1000,2,2424 (End)
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