A court may not grant an inmate's petition for release to extended supervision unless the inmate proves, by clear and convincing evidence, that he or she is not a danger to the public.
If the court grants the inmate's petition for release to extended supervision, the court may impose conditions on the term of extended supervision.
If the court denies the inmate's petition for release to extended supervision, the court shall specify the date on which the inmate may file a subsequent petition under this section. An inmate may file a subsequent petition at any time on or after the date specified by the court, but if the inmate files a subsequent petition for release to extended supervision before the date specified by the court, the court may deny the petition without a hearing.
An inmate may appeal an order denying his or her petition for release to extended supervision. In an appeal under this paragraph, the appellate court may reverse an order denying a petition for release to extended supervision only if it determines that the sentencing court erroneously exercised its discretion in denying the petition for release to extended supervision.
If an inmate petitions a court under sub. (5)
or (9) (bm)
for release to extended supervision under this section, the clerk of the circuit court in which the petition is filed shall send a copy of the petition and, if a hearing is scheduled, a notice of hearing to the victim of the crime committed by the inmate, if the victim has submitted a card under par. (e)
The notice under par. (b)
shall inform the victim that he or she may appear at the hearing under sub. (5)
or (9) (bm)
, if a hearing is scheduled, and shall inform the victim of the manner in which he or she may provide written statements concerning the inmate's petition for release to extended supervision.
The clerk of the circuit court shall make a reasonable attempt to send a copy of the inmate's petition to the last-known address of the victim within 7 days of the date on which the petition is filed and shall make a reasonable attempt to send the notice of hearing, if a hearing is scheduled, to the last-known address of the persons victim, postmarked at least 10 days before the date of the hearing.
The director of state courts shall design and prepare cards for a victim to send to the clerk of the circuit court in which the inmate is convicted and sentenced. The cards shall have space for a victim to provide his or her name and address, the name of the applicable inmate and any other information the director of state courts determines is necessary. The director of state courts shall provide the cards, without charge, to clerks of circuit court. Clerks of circuit court shall provide the cards, without charge, to victims. Victims may send completed cards to the clerk of the circuit court in which the inmate was convicted and sentenced. All court records or portions of records that relate to mailing addresses of victims are not subject to inspection or copying under s. 19.35 (1)
Before a person is released to extended supervision under this section, the department shall notify the municipal police department and the county sheriff for the area where the person will be residing. The notification requirement does not apply if a municipal department or county sheriff submits to the department a written statement waiving the right to be notified. If applicable, the department shall also comply with s. 304.063
Any inmate released to extended supervision under this section is subject to all conditions and rules of extended supervision. 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. (5) (d)
if the conditions set by the department do not conflict with the court's conditions.
Every person released to extended supervision under this section remains in the legal custody of the department. If the department alleges that any condition or rule of extended supervision has been violated by the person, the department may take physical custody of the person for the investigation of the alleged violation.
If a person released to extended supervision under this section signs a statement admitting a violation of a condition or rule of extended supervision, the department may, as a sanction for the violation, confine the person for up to 90 days in a regional detention facility or, with the approval of the sheriff, in a county jail. If the department confines the person in a county jail under this paragraph, the department shall reimburse the county for its actual costs in confining the person from the appropriations under s. 20.410 (1) (ab)
. Notwithstanding s. 302.43
, the person is not eligible to earn good time credit on any period of confinement imposed under this subsection.
If a person released to extended supervision under this section 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 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 a specified period of time before he or she is eligible for being released again to extended supervision. The period of time specified under this paragraph may not be less than 5 years and may be extended in accordance with sub. (3)
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 before being eligible for release to extended supervision. The period of time recommended under this paragraph may not be less than 5 years.
A person who is returned to prison under par. (am)
after revocation of extended supervision may, upon petition to the sentencing court, be released to extended supervision after he or she has served the entire period of time specified by the court under par. (am)
, including any periods of extension imposed under sub. (3)
. A person may not file a petition under this paragraph earlier than 90 days before the date on which he or she is eligible to be released to extended supervision. If a person files a petition for release to extended supervision under this paragraph at any time earlier than 90 days before the date on which he or she is eligible to be released to extended supervision, the court shall deny the petition without a hearing. The procedures specified in sub. (5) (am)
apply to a petition filed under this paragraph.
A person who is subsequently released to extended supervision under par. (bm)
is subject to all conditions and rules under sub. (8)
until the expiration of the sentence.
If a hearing is to be held under par. (am)
before the division of hearings and appeals in the department of administration, the hearing examiner may order that a deposition be taken by audiovisual means and allow the use of a recorded deposition under s. 967.04 (7)
A reviewing authority may consolidate proceedings before it under par. (am)
with other proceedings before that reviewing authority under par. (am)
or s. 302.11 (7) (am)
or 302.113 (9) (am)
if all of the proceedings relate to the parole or extended supervision of the same person.
In any case in which there is a hearing before the division of hearings and appeals in the department of administration concerning whether to revoke a person's extended supervision, the person on extended supervision may seek review of a decision to revoke extended supervision and the department of corrections may seek review of a decision to not revoke extended supervision. Review of a decision under this paragraph may be sought only by an action for certiorari.
The department may promulgate rules establishing guidelines and criteria for the exercise of discretion under this section.
Extended supervision conditions for sex offenders. 302.116(1)(a)
"Serious sex offense" means a violation of s. 940.225 (1)
, 948.02 (1)
, or 948.07
or a solicitation, conspiracy, or attempt to commit a violation of s. 940.225 (1)
, 948.02 (1)
, or 948.085
"Sex offender" means a person serving a sentence for a serious sex offense.
As a condition of extended supervision, a sex offender shall live in a residence that the department has approved.
History: 2001 a. 16
; 2005 a. 277
Notice regarding ineligibility to vote.
When an inmate who is disqualified from voting under s. 6.03 (1) (b)
is released to parole or extended supervision, the department shall inform the person in writing that he or she may not vote in any election until his or her civil rights are restored. The department shall use the form designed under s. 301.03 (3a)
to inform the person, and the person and a witness shall sign the form.
History: 2003 a. 121
; 2005 a. 451
Reward of merit. 302.12(1)(1)
The department may provide by rule for the payment of money to inmates. The rate may vary for different prisoners in accordance with the pecuniary value of the work performed, willingness, and good behavior. The payment of money to inmates working in the prison industries shall be governed by s. 303.01 (4)
Money accruing under this section remains under the control of the department, to be used for the crime victim and witness assistance surcharge under s. 973.045 (4)
, the deoxyribonucleic acid analysis surcharge under s. 973.046
, the drug offender diversion surcharge under s. 973.043
, and the benefit of the inmate or the inmate's family or dependents, under rules promulgated by the department as to time, manner and amount of disbursements. The rules shall provide that the money be used for the reasonable support of the inmate's family or dependents before it is allocated for the drug offender diversion surcharge.
See also ch. DOC 309
, Wis. adm. code.
Preservation of property an inmate brings to prison.
The department shall preserve money and effects, except clothes, in the possession of an inmate when admitted to the prison and, subject to the crime victim and witness assistance surcharge under s. 973.045 (4)
, the deoxyribonucleic acid analysis surcharge under s. 973.046
, the child pornography surcharge under s. 973.042
, and the drug offender diversion surcharge under s. 973.043
, shall restore the money and effects to the inmate when discharged.
Property of deceased inmates, parolees, probationers or persons on extended supervision, disposition.
When an inmate of a prison, a parolee of an institution, a person on extended supervision or a person on probation to the department dies leaving an estate of $150 or less in the trust of the warden, superintendent or secretary, the warden, superintendent or secretary shall try to determine whether or not the estate is to be probated. If probate proceedings are not commenced within 90 days, the warden, superintendent or secretary shall turn over the money or securities to the nearest of kin as evidenced by the records of the institution and the department.
History: 1989 a. 31
; Stats. 1989 s. 302.14; 1997 a. 283
Activities off grounds.
The wardens and superintendents of the state prisons, and all wardens and superintendents of county prisons, jails, camps and houses of correction enumerated in ch. 303
, may take inmates away from the institution grounds for rehabilitative and educational activities approved by the department and under such supervision as the superintendent or warden deems necessary. While away from the institution grounds an inmate is deemed to be under the care and control of the institution in which he or she is an inmate and subject to its rules and discipline.
History: 1971 c. 54
; 1989 a. 31
; Stats. 1989 s. 302.15.
See also s. DOC 325.02
, Wis. adm. code.
Register of inmates. 302.17(1)(1)
When any inmate is received into any state penal institution the department shall register the date of admission, the name, age, nativity and nationality and such other facts as may be obtained as to parentage, education and previous history and environments of such inmate.
The department shall make entries on the register to reflect the progress made by each inmate while incarcerated and the inmate's release on parole or extended supervision, condition at the time of release on parole or extended supervision and progress made while on parole or extended supervision. This subsection does not apply to inmates subject to an order under s. 48.366
If the inmate is subject to an order under s. 48.366
, the department shall keep a record of the inmate's behavior for use in proceedings under s. 48.366 (5)
History: 1987 a. 27
; 1989 a. 31
; Stats. 1989 s. 302.17; 1997 a. 283
Transfers of inmates. 302.18(1)
Inmates of a prison may be transferred and retransferred to another prison by the department.
Inmates transferred to the Wisconsin resource center shall be afforded a transfer hearing under s. 302.055
Inmates of a county house of correction may be transferred to a state prison. If any county discontinues its house of correction, inmates at the time of the discontinuance may be transferred to the state prison or to the county jail of the county as the commitment indicates.
A prisoner may request the department to transfer him or her to a prison in another state under s. 302.25
With each person transferred to a state prison from another institution, the warden or superintendent of such other institution shall transmit the original commitment and the institutional record pertaining to such person.
Any person who is legally transferred by the department to a penal institution shall be subject to the same statutes, regulations and discipline as if the person had been originally sentenced to that institution, but the transfer shall not change the term of sentence.
Except as provided in s. 973.013 (3m)
, the department shall keep a person under 15 years of age who has been sentenced to the Wisconsin state prisons in a juvenile correctional facility or a secured residential care center for children and youth, but the department may transfer that person to an adult correctional institution after the person attains 15 years of age. The department may not transfer any person under 18 years of age to the correctional institution authorized in s. 301.16 (1n)
Transfer to foreign countries under treaty.
If a treaty is in effect between the United States and a foreign country, allowing a convicted person who is a citizen or national of the foreign country to transfer to the foreign country, the governor may commence a transfer of the person if the person requests.
History: 1981 c. 29
; 1989 a. 31
; Stats. 1989 s. 302.185.
Temporary detention of inmates.
The department may use any of its facilities for the temporary detention of persons in its custody.
History: 1989 a. 31
; Stats. 1989 s. 302.19.
Uniforms for correctional officers.
The department shall furnish and, from time to time replace, a standard uniform to be prescribed by the department including items of clothing (not including overcoats), shoulder patches, caps, lapel insignia, and badge to each correctional officer in the department who is required to wear such standard uniform.
History: 1989 a. 31
; Stats. 1989 s. 302.20.
Vocational education program in auto body repair at the Green Bay Correctional Institution. 302.21(1)
The department may maintain and operate a vocational education program in auto body repair at the Green Bay Correctional Institution. Notwithstanding s. 303.06 (1)
, in connection with the vocational education program the institution may receive from licensed automobile dealers and regularly established automobile repair shops vehicles to be repaired, painted or otherwise processed by residents enrolled in the program.
Prices for repairing, painting or otherwise processing vehicles in the program shall be fixed as near as possible to the market value of the labor and materials furnished. Proceeds received from the repairing, painting or other processing of vehicles shall be deposited as provided in s. 20.410 (1) (kk)
and shall be available to the institution to purchase materials, supplies and equipment necessary to operate the vocational education program in auto body repair.
Interstate corrections compact.
The following compact, by and between the state of Wisconsin and any other state which has or shall hereafter ratify or legally join in the same, is ratified and approved:
INTERSTATE CORRECTIONS COMPACT
(1) Article I — Purpose and Policy.
The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society and effecting economies in capital expenditures and operational costs. The purpose of this compact is to provide for the mutual development and execution of such programs of cooperation for the confinement, treatment and rehabilitation of offenders with the most economical use of human and material resources.
(2) Article II — Definitions.
As used in this compact, unless the context clearly requires otherwise:
"Inmate" means a male or female offender who is committed, under sentence to or confined in a penal or correctional institution;
"Institution" means any penal or correctional facility, including but not limited to a facility for the mentally ill or mentally defective, in which inmates may lawfully be confined;
"Receiving state" means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction or court commitment was had;
"Sending state" means a state party to this compact in which conviction or court commitment was had;
"State" means a state of the United States, the United States of America, a territory or possession of the United States, the District of Columbia, the commonwealth of Puerto Rico.
Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for:
Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance;
Participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom;
Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states.
The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.
(4) Article IV — Procedures and Rights.