AB192: Bill Text

AB192, s. 6 Section 6. 302.11 (1g) (b) (intro.) of the statutes is amended to read:

AB192,4,5 302.11 (1g) (b) (intro.) Before an incarcerated inmate with a presumptive mandatory release date reaches the presumptive mandatory release date specified under par. (am) or (ar), whichever is applicable, the parole commission shall proceed under s. 304.06 (1) to consider whether to deny presumptive mandatory release to the inmate. If the parole commission does not deny presumptive mandatory release, the inmate shall be released on parole. The parole commission may deny presumptive mandatory release to an inmate only on one or more of the following grounds:

AB192, s. 7 Section 7. 302.11 (1i) of the statutes is amended to read:

AB192,4,11 302.11 (1i) An inmate serving a sentence to the intensive sanctions program is entitled to mandatory release. The mandatory release date under sub. (1) is established at two-thirds of the sentence under s. 973.032 (3) (a) , except that if the person is subject to sub. (1g) (ar), the person's presumptive mandatory release date is established at 85% of the sentence under s. 973.032 (3) (a).

AB192, s. 8 Section 8. 302.11 (6) of the statutes is amended to read:

AB192,4,21 302.11 (6) Any inmate released on parole under sub. (1) or (1g) (b) or s. 304.02 or 304.06 (1) is subject to all conditions and rules of parole until the expiration of the sentence or until he or she is discharged by the department. Except as provided in ch. 304, releases from prison shall be on the Tuesday or Wednesday preceding the release date. The department may discharge a parolee on or after his or her mandatory release date or after 2 years of supervision. Any inmate sentenced to the intensive sanctions program who is released on parole under sub. (1) or (1g) (b) or s. 304.02 or 304.06 (1) remains in the program unless discharged by the department under s. 301.048 (6).

AB192, s. 9 Section 9. 304.02 (6) of the statutes is created to read:

AB192,4,25 304.02 (6) Notwithstanding subs. (1) to (3), a prisoner who is subject to s. 304.06 (1p) is not eligible for release to parole supervision under this section until he or she is eligible for release under s. 304.06 (1p).

AB192, s. 10 Section 10. 304.02 (7) of the statutes is created to read:

AB192,5,4 304.02 (7) Notwithstanding subs. (1) to (3), a prisoner who is subject to s. 302.11 (1g) (ar) is not eligible for release to parole supervision under this section until he or she is eligible for release under s. 302.11 (1g) (ar).

AB192, s. 11 Section 11. 304.06 (1) (b) of the statutes is amended to read:

AB192,5,20 304.06 (1) (b) Except as provided in sub. (1m), (1p) or (1q) or s. 161.49 (2), 302.045 (3) or 973.0135, the parole commission may parole an inmate of the Wisconsin state prisons or any felon or any person serving at least one year or more in a county house of correction or a county reforestation camp organized under s. 303.07, when he or she has served 25% of the sentence imposed for the offense, or 6 months, whichever is greater. Except as provided in s. 939.62 (2m) or 973.014, the parole commission may parole an inmate serving a life term when he or she has served 20 40 years, as modified by the formula under s. 302.11 (1) and subject to extension using the formulas under s. 302.11 (2). The person serving the life term shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary may grant special action parole releases under s. 304.02. The department or the parole commission shall not provide any convicted offender or other person sentenced to the department's custody any parole eligibility or evaluation until the person has been confined at least 60 days following sentencing.

AB192, s. 12 Section 12. 304.06 (1m) (intro.) of the statutes is amended to read:

AB192,5,24 304.06 (1m) (intro.)  The Except as provided in subs. (1p) and (1q), the parole commission may waive the 25% or 6-month service of sentence requirement under sub. (1) (b) under any of the following circumstances:

AB192, s. 13 Section 13. 304.06 (1p) of the statutes is created to read:

AB192,6,1 304.06 (1p) (a) In this subsection, "serious felony" means any of the following:

AB192,6,3 1. Any felony under s. 161.41 (1), (1m) or (1x) if the felony is punishable by a maximum prison term of 30 years or more.

AB192,6,7 2. Any felony under s. 940.02, 940.03, 940.05, 940.09 (1), 940.19 (5), 940.21, 940.225 (1) or (2), 940.305 (2), 940.31 (1) or (2) (b), 943.02, 943.10 (2), 943.23 (1g) or (1m), 943.32 (2), 946.43, 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.06, 948.07, 948.08, 948.30 (2), 948.35 (1) (b) or (c) or 948.36.

AB192,6,9 3. The solicitation, conspiracy or attempt, under s. 939.30, 939.31 or 939.32, to commit a Class A felony.

AB192,6,13 (b) If an inmate is serving a sentence for a serious felony committed on or after the effective date of this paragraph .... [revisor inserts date], the parole commission may not parole the inmate until the inmate has reached his or her presumptive mandatory release date under s. 302.11 (1g) (am).

AB192,6,15 (c) Paragraph (b) does not apply if the inmate has a longer parole eligibility restriction or is not eligible for parole.

AB192, s. 14 Section 14. 304.06 (1q) of the statutes is created to read:

AB192,6,19 304.06 (1q) The parole commission may not grant release on parole under this section to an inmate who is subject to s. 302.11 (1g) (ar) until the inmate has reached his or her presumptive mandatory release date under s. 302.11 (1g) (ar).

AB192, s. 15 Section 15. 304.06 (1r) (a) (intro.) of the statutes is amended to read:

AB192,6,24 304.06 (1r) (a) (intro.) The parole commission shall grant release on parole, unless there are overriding considerations not to do so or unless the person does not meet the requirements of sub. (1p) or (1q), to any inmate who is eligible for parole under sub. (1) and meets either of the following conditions:

AB192, s. 16 Section 16. 304.071 (2) of the statutes is amended to read:

AB192,7,3 304.071 (2) If a prisoner is not eligible for parole under s. 161.49 (2), 302.11 (1g) (ar), 304.06 (1p), 939.62 (2m) or 973.032 (5), he or she is not eligible for parole under this section.

AB192, s. 17 Section 17. 973.0135 (2) (intro.) of the statutes is amended to read:

AB192,7,9 973.0135 (2) (intro.)  Except as provided in sub. (3), when a court sentences a prior offender to imprisonment in a state prison for a serious felony committed on or after April 21, 1994, but before the effective date of this subsection .... [revisor inserts date], the court shall make a parole eligibility determination regarding the person and choose one of the following options:

AB192, s. 18 Section 18. 973.0135 (2m) of the statutes is created to read:

AB192,7,14 973.0135 (2m)  Except as provided in sub. (3), if a court sentences a prior offender to imprisonment in a state prison for a serious felony committed on or after the effective date of this subsection .... [revisor inserts date], the person is eligible for release to parole supervision only as provided in s. 302.11 (1g) (ar).

AB192, s. 19 Section 19. Initial applicability.

AB192,7,17 (1) The treatment of section 304.06 (1) (b) of the statutes first applies to offenses committed on the effective date of this subsection.

AB192,7,18 (End)