AB351-SSA1,59,4
1(2) Except as provided in subs. (3) and (9), an inmate subject to this section is
2entitled to release to extended supervision after he or she has served the term of
3confinement in prison portion of the sentence imposed under s. 973.01, as modified
4by the sentencing court under s. 302.045 (3m) (b) 1., if applicable.
AB351-SSA1,59,9
5(3) (a) The warden or superintendent shall keep a record of the conduct of each
6inmate subject to this section, specifying each infraction of the rules. If an inmate
7subject to this section violates any regulation of the prison or refuses or neglects to
8perform required or assigned duties, the department may extend the term of
9confinement in prison portion of the inmate's bifurcated sentence as follows:
AB351-SSA1,59,1010
1. Ten days for the first offense.
AB351-SSA1,59,1111
2. Twenty days for the 2nd offense.
AB351-SSA1,59,1212
3. Forty days for the 3rd or each subsequent offense.
AB351-SSA1,59,1913
(b) In addition to the sanctions under par. (a), if an inmate subject to this section
14is placed in adjustment, program or controlled segregation status, the department
15may extend his or her term of confinement in prison portion of the bifurcated
16sentence by a number of days equal to 50% of the number of days spent in segregation
17status. In administering this paragraph, the department shall use the definition of
18adjustment, program or controlled segregation status under departmental rules in
19effect at the time an inmate is placed in that status.
AB351-SSA1,60,220
(bm) An inmate subject to this section who files an action or special proceeding,
21including a petition for a common law writ of certiorari, to which s. 807.15 applies
22shall have his or her term of confinement extended by the number of days specified
23in the court order prepared under s. 807.15 (3). Upon receiving a court order issued
24under s. 807.15, the department shall recalculate the date on which the inmate to
1whom the order applies will be entitled to release to extended supervision and shall
2inform the inmate of that date.
AB351-SSA1,60,53
(c) No extension of a term of confinement in prison under this subsection may
4require an inmate to serve more days in prison than the total length of the bifurcated
5sentence imposed under s. 973.01.
AB351-SSA1,60,86
(d) If the term of confinement in prison portion of a bifurcated sentence is
7increased under this subsection, the term of extended supervision is reduced so that
8the total length of the bifurcated sentence does not change.
AB351-SSA1,60,11
9(4) All consecutive sentences shall be computed as one continuous sentence.
10The person shall serve any term of extended supervision after serving all terms of
11confinement in prison.
AB351-SSA1,60,13
12(5) An inmate may waive entitlement to release to extended supervision if the
13department agrees to the waiver.
AB351-SSA1,60,19
14(6) Before a person is released to extended supervision under this section, the
15department shall notify the municipal police department and the county sheriff for
16the area where the person will be residing. The notification requirement does not
17apply if a municipal department or county sheriff submits to the department a
18written statement waiving the right to be notified. If applicable, the department
19shall also comply with s. 304.063.
AB351-SSA1,60,25
20(7) Any inmate released to extended supervision under this section is subject
21to all conditions and rules of extended supervision until the expiration of the term
22of extended supervision portion of the bifurcated sentence. The department may set
23conditions of extended supervision in addition to any conditions of extended
24supervision set by the court under s. 973.01 (5) if the conditions set by the department
25do not conflict with the court's conditions.
AB351-SSA1,61,3
1(8) Releases to extended supervision from prison shall be on the Tuesday or
2Wednesday preceding the date on which he or she completes the term of
3imprisonment.
AB351-SSA1,61,14
4(9) (a) If a person released to extended supervision under this section violates
5a condition of extended supervision, the division of hearings and appeals in the
6department of administration, upon proper notice and hearing, or the department
7of corrections, if the person on extended supervision waives a hearing, may revoke
8the extended supervision of the person and return the person to prison. If the person
9is returned to prison, he or she shall be returned to prison for any specified period
10of time that does not exceed the time remaining on the bifurcated sentence. The time
11remaining on the bifurcated sentence is the total length of the bifurcated sentence,
12less time served by the person in custody before release to extended supervision. The
13revocation order shall provide the person on extended supervision with credit in
14accordance with ss. 304.072 and 973.155.
AB351-SSA1,61,1915
(b) A person who is returned to prison after revocation of extended supervision
16shall be incarcerated for the entire period of time specified by the department of
17corrections in the case of a waiver or by the division of hearings and appeals in the
18department of administration in the case of a hearing under par. (a). The period of
19time specified under par. (a) may be extended in accordance with sub. (3).
AB351-SSA1,61,2520
(c) A person who is subsequently released to extended supervision after service
21of the period of time specified by the department of corrections in the case of a waiver
22or by the division of hearings and appeals in the department of administration in the
23case of a hearing under par. (a) is subject to all conditions and rules under sub. (7)
24until the expiration of the term of extended supervision portion of the bifurcated
25sentence.
AB351-SSA1,62,2
1(10) The department may promulgate rules establishing guidelines and
2criteria for the exercise of discretion under this section.
AB351-SSA1,62,8
4302.114 Petition for release and release to extended supervision for
5felony offenders serving life sentences. (1) An inmate is subject to this section
6if he or she is serving a life sentence imposed under s. 973.014 (1g) (a) 1. or 2. An
7inmate serving a life sentence under s. 939.62 (2m) or 973.014 (1g) (a) 3. is not eligible
8for release to extended supervision under this section.
AB351-SSA1,62,13
9(2) Except as provided in subs. (3) and (9), an inmate subject to this section may
10petition the sentencing court for release to extended supervision after he or she has
11served 20 years, if the inmate was sentenced under s. 973.014 (1g) (a) 1., or after he
12or she has reached the extended supervision eligibility date set by the court, if the
13inmate was sentenced under s. 973.014 (1g) (a) 2.
AB351-SSA1,62,19
14(3) (a) The warden or superintendent shall keep a record of the conduct of each
15inmate subject to this section, specifying each infraction of the rules. If any inmate
16subject to this section violates any regulation of the prison or refuses or neglects to
17perform required or assigned duties, the department may extend the extended
18supervision eligibility date set under s. 973.014 (1g) (a) 1. or 2., whichever is
19applicable, as follows:
AB351-SSA1,62,2020
1. Ten days for the first offense.
AB351-SSA1,62,2121
2. Twenty days for the 2nd offense.
AB351-SSA1,62,2222
3. Forty days for the 3rd or each subsequent offense.
AB351-SSA1,63,423
(b) In addition to the sanctions under par. (a), if an inmate subject to this section
24is placed in adjustment, program or controlled segregation status, the department
25may extend the extended supervision eligibility date set under s. 973.014 (1g) (a) 1.
1or 2., whichever is applicable, by a number of days equal to 50% of the number of days
2spent in segregation status. In administering this paragraph, the department shall
3use the definition of adjustment, program or controlled segregation status under
4departmental rules in effect at the time an inmate is placed in that status.
AB351-SSA1,63,125
(c) An inmate subject to this section who files an action or special proceeding,
6including a petition for a common law writ of certiorari, to which s. 807.15 applies
7shall have his or her extended supervision eligibility date set under s. 973.014 (1g)
8(a) 1. or 2., whichever is applicable, extended by the number of days specified in the
9court order prepared under s. 807.15 (3). Upon receiving a court order issued under
10s. 807.15, the department shall recalculate the date on which the inmate to whom
11the order applies will be entitled to petition for release to extended supervision and
12shall inform the inmate of that date.
AB351-SSA1,63,15
13(4) All consecutive sentences shall be computed as one continuous sentence.
14An inmate subject to this section shall serve any term of extended supervision after
15serving all terms of confinement in prison.
AB351-SSA1,63,22
16(5) (a) An inmate subject to this section who is seeking release to extended
17supervision shall file a petition for release to extended supervision with the court
18that sentenced him or her. An inmate may not file an initial petition under this
19paragraph earlier than 90 days before his or her extended supervision eligibility
20date. If an inmate files an initial petition for release to extended supervision at any
21time earlier than 90 days before his or her extended supervision eligibility date, the
22court shall deny the petition without a hearing.
AB351-SSA1,64,223
(am) The inmate shall serve a copy of a petition for release to extended
24supervision on the district attorney's office that prosecuted him or her, and the
1district attorney shall file a written response to the petition within 45 days after the
2date he or she receives the petition.
AB351-SSA1,64,83
(b) After reviewing a petition for release to extended supervision and the
4district attorney's response to the petition, the court shall decide whether to hold a
5hearing on the petition or, if it does not hold a hearing, whether to grant or deny the
6petition without a hearing. If the court decides to hold a hearing under this
7paragraph, the hearing shall be before the court without a jury. The office of the
8district attorney that prosecuted the inmate shall represent the state at the hearing.
AB351-SSA1,64,149
(c) Before deciding whether to grant or deny the inmate's petition, the court
10shall allow a victim, as defined in s. 950.02 (4), to make a statement or submit a
11statement concerning the release of the inmate to extended supervision. The court
12may allow any other person to make or submit a statement under this paragraph.
13Any statement under this paragraph must be relevant to the release of the inmate
14to extended supervision.
AB351-SSA1,64,1715
(cm) A court may not grant an inmate's petition for release to extended
16supervision unless the inmate proves, by clear and convincing evidence, that he or
17she is not a danger to the public.
AB351-SSA1,64,1918
(d) If the court grants the inmate's petition for release to extended supervision,
19the court may impose conditions on the term of extended supervision.
AB351-SSA1,64,2520
(e) If the court denies the inmate's petition for release to extended supervision,
21the court shall specify the date on which the inmate may file a subsequent petition
22under this section. An inmate may file a subsequent petition at any time on or after
23the date specified by the court, but if the inmate files a subsequent petition for release
24to extended supervision before the date specified by the court, the court may deny
25the petition without a hearing.
AB351-SSA1,65,5
1(f) An inmate may appeal an order denying his or her petition for release to
2extended supervision. In an appeal under this paragraph, the appellate court may
3reverse an order denying a petition for release to extended supervision only if it
4determines that the sentencing court improperly exercised its discretion in denying
5the petition for release to extended supervision.
AB351-SSA1,65,6
6(6) (a) In this subsection, "victim" has the meaning given in s. 950.02 (4).
AB351-SSA1,65,117
(b) If an inmate petitions a court under sub. (5) or (9) (b) for release to extended
8supervision under this section, the clerk of the circuit court in which the petition is
9filed shall send a copy of the petition and, if a hearing is scheduled, a notice of hearing
10to the victim of the crime committed by the inmate, if the victim has submitted a card
11under par. (e) requesting notification.
AB351-SSA1,65,1512
(c) The notice under par. (b) shall inform the victim that he or she may appear
13at the hearing under sub. (5) or (9) (b), if a hearing is scheduled, and shall inform the
14victim of the manner in which he or she may provide written statements concerning
15the inmate's petition for release to extended supervision.
AB351-SSA1,65,2016
(d) The clerk of the circuit court shall make a reasonable attempt to send a copy
17of the inmate's petition to the last-known address of the victim within 7 days of the
18date on which the petition is filed and shall make a reasonable attempt to send the
19notice of hearing, if a hearing is scheduled, to the last-known address of the persons
20victim, postmarked at least 10 days before the date of the hearing.
AB351-SSA1,66,521
(e) The director of state courts shall design and prepare cards for a victim to
22send to the clerk of the circuit court in which the inmate is convicted and sentenced.
23The cards shall have space for a victim to provide his or her name and address, the
24name of the applicable inmate and any other information the director of state courts
25determines is necessary. The director of state courts shall provide the cards, without
1charge, to clerks of circuit court. Clerks of circuit court shall provide the cards,
2without charge, to victims. Victims may send completed cards to the clerk of the
3circuit court in which the inmate was convicted and sentenced. All court records or
4portions of records that relate to mailing addresses of victims are not subject to
5inspection or copying under s. 19.35 (1).
AB351-SSA1,66,11
6(7) Before a person is released to extended supervision under this section, the
7department shall notify the municipal police department and the county sheriff for
8the area where the person will be residing. The notification requirement does not
9apply if a municipal department or county sheriff submits to the department a
10written statement waiving the right to be notified. If applicable, the department
11shall also comply with s. 304.063.
AB351-SSA1,66,16
12(8) Any inmate released to extended supervision under this section is subject
13to all conditions and rules of extended supervision. The department may set
14conditions of extended supervision in addition to any conditions of extended
15supervision set by the court under sub. (5) (d) if the conditions set by the department
16do not conflict with the court's conditions.
AB351-SSA1,66,21
17(9) (a) If a person released to extended supervision under this section violates
18a condition of extended supervision, the division of hearings and appeals in the
19department of administration, upon proper notice and hearing, or the department
20of corrections, if the person on extended supervision waives a hearing, may revoke
21the extended supervision of the person and return the person to prison.
AB351-SSA1,66,2322
If the person is returned to prison, he or she shall be returned to prison for a specified
23period of time, as provided under par. (b).
AB351-SSA1,67,524
(b) If a person is returned to prison under par. (a) after revocation of extended
25supervision, the department of corrections in the case of a waiver or the division of
1hearings and appeals in the department of administration in the case of a hearing
2under par. (a) shall specify a period of time for which the person shall be incarcerated
3before being eligible for release to extended supervision. The period of time specified
4under this paragraph may not be less than 5 years and may be extended in
5accordance with sub. (3).
AB351-SSA1,67,156
(bm) A person who is returned to prison under par. (a) after revocation of
7extended supervision may, upon petition to the sentencing court, be released to
8extended supervision after he or she has served the entire period of time specified
9in par. (b), including any periods of extension imposed under sub. (3). A person may
10not file a petition under this paragraph earlier than 90 days before the date on which
11he or she is eligible to be released to extended supervision. If a person files a petition
12for release to extended supervision under this paragraph at any time earlier than 90
13days before the date on which he or she is eligible to be released to extended
14supervision, the court shall deny the petition without a hearing. The procedures
15specified in sub. (5) (am) to (f) apply to a petition filed under this paragraph.
AB351-SSA1,67,1816
(c) A person who is subsequently released to extended supervision under par.
17(b) is subject to all conditions and rules under sub. (8) until the expiration of the
18sentence.
AB351-SSA1,67,20
19(10) The department may promulgate rules establishing guidelines and
20criteria for the exercise of discretion under this section.
AB351-SSA1,68,5
22302.14 (title)
Property of deceased inmates, parolees or, probationers
23or persons on extended supervision, disposition. When an inmate of a prison
24or, a parolee of an institution
, a person on extended supervision or a person on
25probation to the department dies leaving an estate of $150 or less in the trust of the
1warden, superintendent or secretary, the warden, superintendent or secretary shall
2try to determine whether or not the estate is to be probated. If probate proceedings
3are not commenced within 90 days, the warden, superintendent or secretary shall
4turn over the money or securities to the nearest of kin as evidenced by the records
5of the institution and the department.
AB351-SSA1,68,117
302.17
(2) The department shall make entries on the register to reflect the
8progress made by each inmate while incarcerated and the inmate's release on parole
9or extended supervision, condition at the time of
release on parole
or extended
10supervision and progress made while on parole
or extended supervision. This
11subsection does not apply to inmates subject to an order under s. 48.366.
AB351-SSA1,68,2113
302.25
(4) (c) Inmates confined in an institution pursuant to the terms of this
14compact shall at all times be subject to the jurisdiction of the sending state and may
15at any time be removed therefrom for transfer to a prison or other institution within
16the sending state, for transfer to another institution in which the sending state may
17have a contractual or other right to confine inmates, for release on probation
,
18extended supervision or parole, for discharge, or for any other purpose permitted by
19the laws of the sending state; provided, that the sending state shall continue to be
20obligated to such payments as may be required pursuant to the terms of any contract
21entered into under the terms of sub. (3).
AB351-SSA1, s. 212
22Section
212. 302.33 (2) (a) (intro.) of the statutes is amended to read:
AB351-SSA1,69,223
302.33
(2) (a) (intro.) The department shall pay for the maintenance of persons
24in its custody who are placed in the county jail or other county facility, or in a tribal
1jail under s. 302.445, pending disposition of parole
, extended supervision or
2probation revocation proceedings subject to the following conditions:
AB351-SSA1,69,74
302.33
(2) (b) This subsection applies only to probationers
or, parolees
or
5persons on extended supervision who were placed on that status in connection with
6a conviction for a felony. This subsection applies only to confinements initiated after
7July 2, 1983.
AB351-SSA1,69,10
9302.335 (title)
Restrictions on detaining probationers and, parolees
10and persons on extended supervision in county or tribal jail.
AB351-SSA1, s. 215
11Section
215. 302.335 (2) (intro.) of the statutes is amended to read:
AB351-SSA1,69,1512
302.335
(2) (intro.) If a probationer
or
, parolee
or person on extended
13supervision is detained in a county jail or other county facility, or in a tribal jail under
14s. 302.445, pending disposition of probation
or, parole
or extended supervision 15revocation proceedings, the following conditions apply:
AB351-SSA1, s. 216
16Section
216. 302.335 (2) (a) (intro.) of the statutes is amended to read:
AB351-SSA1,69,2417
302.335
(2) (a) (intro.) The department shall begin a preliminary revocation
18hearing within 15 working days after the probationer
or
, parolee
or person on
19extended supervision is detained in the county jail, other county facility or the tribal
20jail. The department may extend, for cause, this deadline by not more than 5
21additional working days upon written notice to the probationer
or, parolee
or person
22on extended supervision and the sheriff, the tribal chief of police or other person in
23charge of the county facility. This paragraph does not apply under any of the
24following circumstances:
AB351-SSA1,70,2
1302.335
(2) (a) 1. The probationer
or, parolee
or person on extended supervision 2has waived, in writing, the right to a preliminary hearing.
AB351-SSA1,70,54
302.335
(2) (a) 2. The probationer
or
, parolee
or person on extended supervision 5has given and signed a written statement that admits the violation.
AB351-SSA1,70,107
302.335
(2) (a) 3. There has been a finding of probable cause in a felony criminal
8action and the probationer
or, parolee
or person on extended supervision is bound
9over for trial for the same or similar conduct that is alleged to be a violation of
10supervision.
AB351-SSA1,70,1912
302.335
(2) (b) The division shall begin a final revocation hearing within 50
13calendar days after the person is detained in the county jail, other county facility or
14the tribal jail. The department may request the division to extend this deadline by
15not more than 10 additional calendar days, upon notice to the probationer
or, parolee
16or person on extended supervision, the sheriff, the tribal chief of police or other
17person in charge of the facility, and the division. The division may grant the request.
18This paragraph does not apply if the probationer
or, parolee
or person on extended
19supervision has waived the right to a final revocation hearing.
AB351-SSA1,70,2421
302.335
(3) If there is a failure to begin a hearing within the time requirements
22under sub. (2), the sheriff, the tribal chief of police or other person in charge of a
23county facility shall notify the department at least 24 hours before releasing a
24probationer
or, parolee
or person on extended supervision under this subsection.
AB351-SSA1,71,5
1302.335
(4) This section applies to probationers
or, parolees
or persons on
2extended supervision who begin detainment in a county jail, other county facility or
3a tribal jail on or after July 1, 1990, except that this section does not apply to any
4probationer
or, parolee
or person on extended supervision who is in the county jail,
5other facility or the tribal jail and serving a sentence.
AB351-SSA1, s. 223
6Section
223. 303.065 (1) of the statutes is renumbered 303.065 (1) (a) and
7amended to read:
AB351-SSA1,71,108
303.065
(1) (a)
The Except as provided in par. (b), the department may grant
9work release privileges to any person incarcerated within the state prisons
, except
10that no.
AB351-SSA1,71,15
11(b) 1. A person serving a life sentence
, other than a life sentence specified in
12subd. 2., may be considered for work release
until
only after he or she has reached
13parole eligibility under s. 304.06 (1) (b) or 973.014 (1) (a) or (b), whichever is
14applicable,
and no or he or she has reached his or her extended supervision eligibility
15date under s. 302.114 (9) (b) or 973.014 (1g) (a) 1. or 2., whichever is applicable.
AB351-SSA1,71,17
162. A person serving a life sentence under s. 939.62 (2m) or 973.014 (1) (c)
or (1g)
17(a) 3. may
not be considered for work release.
AB351-SSA1,72,620
303.21
(1) (a) If an inmate of a state institution, in the performance of assigned
21work is injured so as to be permanently incapacitated or to have materially reduced
22earning power, the inmate may, upon being released from such institution, either
23upon
release on parole
or extended supervision or upon final discharge, be allowed
24and paid such compensation as the department of workforce development finds the
25inmate entitled to. The inmate shall be compensated on the same basis as if the
1injury had been covered by ch. 102, except that the total paid to any inmate may not
2exceed $10,000 and may be paid in instalments. If the injury results from
3employment in a prison industry, the payment shall be made from the revolving
4appropriation for its operation. If there is no revolving appropriation, payment shall
5be made from the general fund. In case of dispute, the procedure for hearing, award
6and appeal shall be as set forth in ss. 102.16 to 102.26.
AB351-SSA1,72,18
8303.215 Compensation to prisoners or residents injured in prison
9industries employment. In accordance with s. 102.03 (2), for an inmate of a state
10institution or a resident subject to s. 303.01 (1) (b) employed under s. 303.06 (2),
11compensation under ch. 102 on being released from the applicable institution, on
12parole,
on extended supervision, on final discharge or in accordance with ch. 938,
13whichever is applicable, is the exclusive remedy against the department and any
14employe of the department for any injury sustained by the inmate or resident while
15performing service growing out of and incidental to that employment. The
16department shall make any payments required under this section from the revolving
17appropriation for the operation of prison industries or, if there is no revolving
18appropriation for the operation of prison industries, from the general fund.
AB351-SSA1,72,2220
304.02
(3) (c) The institution social worker or the probation
, extended
21supervision and parole agent of record has reason to believe the prisoner will be able
22to maintain himself or herself in society without engaging in assaultive activity.
AB351-SSA1,73,3
1304.02
(4) If a person is sentenced under s. 973.032, he or she is eligible for a
2release to parole supervision under this section and remains in the intensive
3sanctions program unless discharged by the department under s. 301.048 (6)
(a).