AB792: Bill Text

LRB-4858/1

MLJ:kjf

2017 - 2018 LEGISLATURE

2017 Assembly BILL 792

December 27, 2017 - Introduced by Representatives Goyke, Krug, R. Brooks, Mursau, Bowen, Brostoff, Berceau, Anderson, Riemer, Considine, Kolste, Ohnstad, Kessler, C. Taylor, Pope, Subeck, Sargent, Zamarripa, Spreitzer and Billings, cosponsored by Senators Johnson, Larson, L. Taylor, Wirch and Risser. Referred to Committee on Corrections.

AB792,1,4 An Act to renumber and amend 302.113 (2); to amend 911.01 (4) (c) and 973.01 (4); and to create 301.063, 302.113 (2) (b) and 302.113 (2) (c) of the statutes; relating to: allowing certain prisoners to earn time toward early release from confinement in prison.

Analysis by the Legislative Reference Bureau

This bill allows certain prisoners who participate in educational or other programs to earn time off the confinement portion of their sentences.

Under current law, a person who is imprisoned for a felony he or she committed on or after December 31, 1999, is sentenced to a bifurcated sentence, with the first portion of the sentence served in confinement in prison and the second portion of the sentence served under extended supervision in the community. A person who is serving a bifurcated sentence, with few exceptions, must serve the entire confinement portion of his or her sentence before being released to extended supervision.

This bill requires the Department of Corrections to identify evidence-based programs that reduce the rate of recidivism among participants. Under the bill, a prisoner who is sentenced to confinement in prison for a misdemeanor or for a Class C to Class I felony may earn time off of the confinement portion of his or her sentence not to exceed 15 percent, at a rate determined by DOC, if he or she participates in one or more of the programs DOC identifies. Under the bill, if a person's confinement period is reduced by DOC, his or her period of extended supervision is increased so that the length of the sentence does not change.

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:

AB792,1 Section 1 . 301.063 of the statutes is created to read:

AB792,2,4 301.063 Recidivism reduction programming; early release to extended supervision. (1) The department shall identify evidence-based programs that reduce the rate of recidivism among participants in the programs.

AB792,2,7 (2) The department shall assign a number of days of earned time which an inmate may accumulate for the purpose of early release from confinement under s. 302.113 (2) (b) for his or her participation in each program identified in sub. (1).

AB792,2 Section 2 . 302.113 (2) of the statutes is renumbered 302.113 (2) (a) and amended to read:

AB792,2,14 302.113 (2) (a) Except as provided in par. (b) and subs. (3) and (9), 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 sentencing court under sub. (9g) or s. 302.045 (3m) (b) 1., 302.05 (3) (c) 2. a., 973.195 (1r), or 973.198, if applicable.

AB792,3 Section 3 . 302.113 (2) (b) of the statutes is created to read:

AB792,3,5 302.113 (2) (b) An inmate sentenced under s. 973.01 for a misdemeanor or for a Class C to I felony may accumulate days of earned time in the amount determined by the department under s. 301.063 (2). An inmate convicted of a misdemeanor or a Class C to I felony shall be released to extended supervision when he or she has served the term of confinement in prison portion of his or her bifurcated sentence, as modified by the sentencing court under sub. (9g) or s. 302.045 (3m) (b) 1. or 302.05 (3) (c) 2. a., if applicable, less the number of days of earned time, not to exceed 15 percent of the term of confinement in prison portion of the inmate's original bifurcated sentence, that he or she has accumulated. This paragraph does not apply to a person who is the subject of a bulletin issued under s. 301.46 (2m), or who is convicted of a violent offense, as defined in s. 301.048 (2) (bm) 1.

AB792,4 Section 4 . 302.113 (2) (c) of the statutes is created to read:

AB792,3,10 302.113 (2) (c) If an inmate is released to extended supervision under par. (b) after he or she has served less than his or her entire term of confinement in prison portion of the sentence imposed under s. 973.01, the term of extended supervision is increased so that the total length of the bifurcated sentence does not change.

AB792,5 Section 5 . 911.01 (4) (c) of the statutes is amended to read:

AB792,3,21 911.01 (4) (c) Miscellaneous proceedings. Proceedings for extradition or rendition; sentencing, granting or revoking probation, modification of a bifurcated sentence under s. 302.113 (9g), release to extended supervision under s. 302.113 (2) (b), or adjustment of a bifurcated sentence under s. 973.195 (1r) or 973.198; issuance of subpoenas or warrants under s. 968.375, arrest warrants, criminal summonses, and search warrants; hearings under s. 980.09 (2); proceedings under s. 971.14 (1r) (c); proceedings with respect to pretrial release under ch. 969 except where habeas corpus is utilized with respect to release on bail or as otherwise provided in ch. 969; or proceedings under s. 165.76 (6) to compel provision of a biological specimen for deoxyribonucleic acid analysis.

AB792,6 Section 6 . 973.01 (4) of the statutes is amended to read:

AB792,4,3 973.01 (4) No good time; extension Extension or reduction of term of imprisonment. A person sentenced to a bifurcated sentence under sub. (1) shall serve the term of confinement in prison portion of the sentence without reduction for good behavior. The term of confinement in prison portion is subject to extension under s. 302.113 (3) and, if applicable, to reduction under s. 302.045 (3m), 302.05 (3) (c) 2. a., 302.113 (2) (b) or (9g), 973.195 (1r), or 973.198.

AB792,7 Section 7 . Initial applicability.

AB792,4,6 (1) This act first applies to persons sentenced on the effective date of this subsection.

AB792,4,7 (End)