LRB-3839/2
CMH:kjf
2015 - 2016 LEGISLATURE
March 15, 2016 - Introduced by Representatives Goyke, Barnes, Brostoff,
Zamarripa, Zepnick, Spreitzer and Considine. Referred to Committee on
Corrections.
AB1002,1,5
1An Act to renumber 973.10 (2) (a) and (b);
to renumber and amend 302.113
2(9) (ag) and 973.10 (2) (intro.);
to amend 302.113 (9) (am), 302.113 (9) (b),
3302.113 (9) (c) and 808.075 (4) (g) 3.; and
to create 302.113 (9) (ag) 1. and
4302.113 (9) (am) 2. a. of the statutes;
relating to: maximum period of
5imprisonment following revocation of extended supervision or probation.
Analysis by the Legislative Reference Bureau
Under this bill, if a person released to extended supervision or a person on
probation violates a condition of the supervision or probation, his or her extended
supervision or probation may be revoked. Under this bill, unless the violation is a
crime or a violation of a condition that the person not contact a specified individual,
the person has absconded, or the person is registered with the Department of
Corrections as a sex offender, the period of imprisonment following revocation may
not exceed 90 days. This bill does not change current law regarding the maximum
period of imprisonment following revocation of extended supervision or probation if
the violation was a crime or a violation of a condition not to contact a specified
individual, the person absconded, or the person is registered as a sex offender. The
maximum period for these persons remains the time remaining on the bifurcated
sentences for a person on extended supervision or the time imposed by the sentencing
court for a person on probation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1002,1
1Section
1. 302.113 (9) (ag) of the statutes is renumbered 302.113 (9) (ag)
2(intro.) and amended to read:
AB1002,2,33
302.113
(9) (ag) (intro.) In this subsection
"
reviewing:
AB1002,2,6
42. "Reviewing authority" means the division of hearings and appeals in the
5department of administration, upon proper notice and hearing, or the department
6of corrections, if the person on extended supervision waives a hearing.
AB1002,2
7Section
2. 302.113 (9) (ag) 1. of the statutes is created to read:
AB1002,2,88
302.113
(9) (ag) 1. "Crime" has the meaning given in s. 939.12.
AB1002,3
9Section
3. 302.113 (9) (am) of the statutes is amended to read:
AB1002,2,1210
302.113
(9) (am)
1. If a person released to extended supervision under this
11section violates a condition of extended supervision, the reviewing authority may
12revoke the extended supervision of the person.
AB1002,2,15
132. If the extended supervision of the person is revoked, the reviewing authority
14shall order the person to be returned to prison for any specified period
of time that
15does not exceed
one of the following:
AB1002,2,20
16b. If the condition the person violated was a condition that the person not
17contact any specified individual, or if, when the person violated the condition of
18extended supervision, the person also allegedly committed a crime or the person
19absconded, or if the person was required to register as a sex offender under s. 301.45, 20the time remaining on the bifurcated sentence.
The time
AB1002,3,5
1(ag) 3. "Time remaining on the bifurcated sentence
" is the total length of the
2bifurcated sentence, less time served by the person in confinement under the
3sentence before release to extended supervision under sub. (2) and less all time
4served in confinement for previous revocations of extended supervision under the
5sentence.
AB1002,3,8
6(am) 3. The order returning a person to prison under
this paragraph subd. 2. 7shall provide the person whose extended supervision was revoked with credit in
8accordance with ss. 304.072 and 973.155.
AB1002,4
9Section
4. 302.113 (9) (am) 2. a. of the statutes is created to read:
AB1002,3,1010
302.113
(9) (am) 2. a. Except as provided in subd. 2. b., 90 days.
AB1002,5
11Section
5. 302.113 (9) (b) of the statutes is amended to read:
AB1002,3,1912
302.113
(9) (b) A person who is returned to prison after revocation of extended
13supervision shall be incarcerated for the entire period
of time specified by the order
14under par. (am)
2. The period
of time specified under par. (am)
2. may be extended
15in accordance with sub. (3). If a person is returned to prison under par. (am)
2. for
16a period
of time that is less than the time remaining on the bifurcated sentence, the
17person shall be released to extended supervision after he or she has served the period
18of time specified by the order under par. (am)
2. and any periods of extension imposed
19in accordance with sub. (3).
AB1002,6
20Section
6. 302.113 (9) (c) of the statutes is amended to read:
AB1002,4,421
302.113
(9) (c) A person who is subsequently released to extended supervision
22after service of the period
of time specified by the order under par. (am)
2. is subject
23to all conditions and rules under sub. (7) and, if applicable, sub. (7m) until the
24expiration of the
time remaining
extended supervision portion of on the bifurcated
25sentence.
The remaining extended supervision portion of the bifurcated sentence is
1the total length of the bifurcated sentence, less the time served by the person in
2confinement under the bifurcated sentence before release to extended supervision
3under sub. (2) and less all time served in confinement for previous revocations of
4extended supervision under the bifurcated sentence.
AB1002,7
5Section
7. 808.075 (4) (g) 3. of the statutes is amended to read:
AB1002,4,76
808.075
(4) (g) 3. Imposition of sentence upon revocation of probation under s.
7973.10 (2)
(a) (bm) 2. a.
AB1002,8
8Section
8. 973.10 (2) (intro.) of the statutes is renumbered 973.10 (2) (am) and
9amended to read:
AB1002,4,1710
973.10
(2) (am) If a probationer violates the conditions of probation, the
11department of corrections may initiate a proceeding before the division of hearings
12and appeals in the department of administration. Unless waived by the probationer,
13a hearing examiner for the division shall conduct an administrative hearing and
14enter an order either revoking or not revoking probation. Upon request of either
15party, the administrator of the division shall review the order. If the probationer
16waives the final administrative hearing, the secretary of corrections shall enter an
17order either revoking or not revoking probation.
AB1002,4,19
18(bm) 1. If probation is revoked,
the probationer may not be ordered to prison
19for a period that exceeds 90 days except as provided in subd. 2.
AB1002,4,24
202. If probation is revoked, the department shall
do one of the following if the
21condition the person violated was a condition that the person not contact any
22specified individual, if the probationer is required to register as a sex offender under
23s. 301.45, or if, when the probationer violated the condition of probation, the
24probationer allegedly committed a crime, as defined in s. 939.12, or absconded:
AB1002,9
1Section
9. 973.10 (2) (a) and (b) of the statutes are renumbered 973.10 (2) (bm)
22. a. and b.
AB1002,10
3Section
10.
Initial applicability.
AB1002,5,54
(1) This act first applies to an order entered on the effective date of this
5subsection.
