Amendment SSA1-AB351

AB351-SSA1,66,16 (8) 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 set by the court under sub. (5) (d) if the conditions set by the department do not conflict with the court's conditions.

AB351-SSA1,66,21 (9) (a) If a person released to extended supervision under this section violates a condition of extended supervision, the division of hearings and appeals in the department of administration, upon proper notice and hearing, or the department of corrections, if the person on extended supervision waives a hearing, may revoke the extended supervision of the person and return the person to prison.

AB351-SSA1,66,23 If the person is returned to prison, he or she shall be returned to prison for a specified period of time, as provided under par. (b).

AB351-SSA1,67,5 (b) If a person is returned to prison under par. (a) after revocation of extended supervision, the department of corrections in the case of a waiver or the division of hearings and appeals in the department of administration in the case of a hearing under par. (a) shall specify a period of time for which the person shall be incarcerated before being eligible for release 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).

AB351-SSA1,67,15 (bm) A person who is returned to prison under par. (a) 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 in par. (b), 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) to (f) apply to a petition filed under this paragraph.

AB351-SSA1,67,18 (c) A person who is subsequently released to extended supervision under par. (b) is subject to all conditions and rules under sub. (8) until the expiration of the sentence.

AB351-SSA1,67,20 (10) The department may promulgate rules establishing guidelines and criteria for the exercise of discretion under this section.

AB351-SSA1, s. 209 Section 209. 302.14 of the statutes is amended to read:

AB351-SSA1,68,5 302.14 (title) Property of deceased inmates, parolees or, probationers or persons on extended supervision, disposition. When an inmate of a prison or, 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.

AB351-SSA1, s. 210 Section 210. 302.17 (2) of the statutes is amended to read:

AB351-SSA1,68,11 302.17 (2) 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.

AB351-SSA1, s. 211 Section 211. 302.25 (4) (c) of the statutes is amended to read:

AB351-SSA1,68,21 302.25 (4) (c) Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation, extended supervision or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided, that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of sub. (3).

AB351-SSA1, s. 212 Section 212. 302.33 (2) (a) (intro.) of the statutes is amended to read:

AB351-SSA1,69,2 302.33 (2) (a) (intro.) The department shall pay for the maintenance of persons in its custody who are placed in the county jail or other county facility, or in a tribal jail under s. 302.445, pending disposition of parole, extended supervision or probation revocation proceedings subject to the following conditions:

AB351-SSA1, s. 213 Section 213. 302.33 (2) (b) of the statutes is amended to read:

AB351-SSA1,69,7 302.33 (2) (b) This subsection applies only to probationers or, parolees or persons on extended supervision who were placed on that status in connection with a conviction for a felony. This subsection applies only to confinements initiated after July 2, 1983.

AB351-SSA1, s. 214 Section 214. 302.335 (title) of the statutes is amended to read:

AB351-SSA1,69,10 302.335 (title) Restrictions on detaining probationers and, parolees and persons on extended supervision in county or tribal jail.

AB351-SSA1, s. 215 Section 215. 302.335 (2) (intro.) of the statutes is amended to read:

AB351-SSA1,69,15 302.335 (2) (intro.) If a probationer or , parolee or person on extended supervision is detained in a county jail or other county facility, or in a tribal jail under s. 302.445, pending disposition of probation or, parole or extended supervision revocation proceedings, the following conditions apply:

AB351-SSA1, s. 216 Section 216. 302.335 (2) (a) (intro.) of the statutes is amended to read:

AB351-SSA1,69,24 302.335 (2) (a) (intro.) The department shall begin a preliminary revocation hearing within 15 working days after the probationer or , parolee or person on extended supervision is detained in the county jail, other county facility or the tribal jail. The department may extend, for cause, this deadline by not more than 5 additional working days upon written notice to the probationer or, parolee or person on extended supervision and the sheriff, the tribal chief of police or other person in charge of the county facility. This paragraph does not apply under any of the following circumstances:

AB351-SSA1, s. 217 Section 217. 302.335 (2) (a) 1. of the statutes is amended to read:

AB351-SSA1,70,2 302.335 (2) (a) 1. The probationer or, parolee or person on extended supervision has waived, in writing, the right to a preliminary hearing.

AB351-SSA1, s. 218 Section 218. 302.335 (2) (a) 2. of the statutes is amended to read:

AB351-SSA1,70,5 302.335 (2) (a) 2. The probationer or , parolee or person on extended supervision has given and signed a written statement that admits the violation.

AB351-SSA1, s. 219 Section 219. 302.335 (2) (a) 3. of the statutes is amended to read:

AB351-SSA1,70,10 302.335 (2) (a) 3. There has been a finding of probable cause in a felony criminal action and the probationer or, parolee or person on extended supervision is bound over for trial for the same or similar conduct that is alleged to be a violation of supervision.

AB351-SSA1, s. 220 Section 220. 302.335 (2) (b) of the statutes is amended to read:

AB351-SSA1,70,19 302.335 (2) (b) The division shall begin a final revocation hearing within 50 calendar days after the person is detained in the county jail, other county facility or the tribal jail. The department may request the division to extend this deadline by not more than 10 additional calendar days, upon notice to the probationer or, parolee or person on extended supervision, the sheriff, the tribal chief of police or other person in charge of the facility, and the division. The division may grant the request. This paragraph does not apply if the probationer or, parolee or person on extended supervision has waived the right to a final revocation hearing.

AB351-SSA1, s. 221 Section 221. 302.335 (3) of the statutes is amended to read:

AB351-SSA1,70,24 302.335 (3) If there is a failure to begin a hearing within the time requirements under sub. (2), the sheriff, the tribal chief of police or other person in charge of a county facility shall notify the department at least 24 hours before releasing a probationer or, parolee or person on extended supervision under this subsection.

AB351-SSA1, s. 222 Section 222. 302.335 (4) of the statutes is amended to read:

AB351-SSA1,71,5 302.335 (4) This section applies to probationers or, parolees or persons on extended supervision who begin detainment in a county jail, other county facility or a tribal jail on or after July 1, 1990, except that this section does not apply to any probationer or, parolee or person on extended supervision who is in the county jail, other facility or the tribal jail and serving a sentence.

AB351-SSA1, s. 223 Section 223. 303.065 (1) of the statutes is renumbered 303.065 (1) (a) and amended to read:

AB351-SSA1,71,10 303.065 (1) (a) The Except as provided in par. (b), the department may grant work release privileges to any person incarcerated within the state prisons, except that no.

AB351-SSA1,71,15 (b) 1. A person serving a life sentence, other than a life sentence specified in subd. 2., may be considered for work release until only after he or she has reached parole eligibility under s. 304.06 (1) (b) or 973.014 (1) (a) or (b), whichever is applicable, and no or he or she has reached his or her extended supervision eligibility date under s. 302.114 (9) (b) or 973.014 (1g) (a) 1. or 2., whichever is applicable.

AB351-SSA1,71,17 2. A person serving a life sentence under s. 939.62 (2m) or 973.014 (1) (c) or (1g) (a) 3. may not be considered for work release.

AB351-SSA1, s. 224 Section 224. 303.21 (1) (a) of the statutes, as affected by 1997 Wisconsin Act 3, is amended to read:

AB351-SSA1,72,6 303.21 (1) (a) If an inmate of a state institution, in the performance of assigned work is injured so as to be permanently incapacitated or to have materially reduced earning power, the inmate may, upon being released from such institution, either upon release on parole or extended supervision or upon final discharge, be allowed and paid such compensation as the department of workforce development finds the inmate entitled to. The inmate shall be compensated on the same basis as if the injury had been covered by ch. 102, except that the total paid to any inmate may not exceed $10,000 and may be paid in instalments. If the injury results from employment in a prison industry, the payment shall be made from the revolving appropriation for its operation. If there is no revolving appropriation, payment shall be made from the general fund. In case of dispute, the procedure for hearing, award and appeal shall be as set forth in ss. 102.16 to 102.26.

AB351-SSA1, s. 225 Section 225. 303.215 of the statutes is amended to read:

AB351-SSA1,72,18 303.215 Compensation to prisoners or residents injured in prison industries employment. In accordance with s. 102.03 (2), for an inmate of a state institution or a resident subject to s. 303.01 (1) (b) employed under s. 303.06 (2), compensation under ch. 102 on being released from the applicable institution, on parole, on extended supervision, on final discharge or in accordance with ch. 938, whichever is applicable, is the exclusive remedy against the department and any employe of the department for any injury sustained by the inmate or resident while performing service growing out of and incidental to that employment. The department shall make any payments required under this section from the revolving appropriation for the operation of prison industries or, if there is no revolving appropriation for the operation of prison industries, from the general fund.

AB351-SSA1, s. 226 Section 226. 304.02 (3) (c) of the statutes is amended to read:

AB351-SSA1,72,22 304.02 (3) (c) The institution social worker or the probation, extended supervision and parole agent of record has reason to believe the prisoner will be able to maintain himself or herself in society without engaging in assaultive activity.

AB351-SSA1, s. 227 Section 227. 304.02 (4) of the statutes is amended to read:

AB351-SSA1,73,3 304.02 (4) If a person is sentenced under s. 973.032, he or she is eligible for a release to parole supervision under this section and remains in the intensive sanctions program unless discharged by the department under s. 301.048 (6) (a).

AB351-SSA1, s. 228 Section 228. 304.02 (5) of the statutes is amended to read:

AB351-SSA1,73,7 304.02 (5) Notwithstanding subs. (1) to (3), a prisoner who is serving a life sentence under s. 939.62 (2m) or 973.014 (1) (c) or (1g) is not eligible for release to parole supervision under this section.

AB351-SSA1, s. 229 Section 229. 304.02 (6) of the statutes is created to read:

AB351-SSA1,73,11 304.02 (6) Notwithstanding subs. (1) to (3), a prisoner is not eligible for release to parole supervision under this section if he or she is serving a bifurcated sentence under s. 973.01.

AB351-SSA1, s. 230 Section 230. 304.06 (1) (b) of the statutes is amended to read:

AB351-SSA1,74,2 304.06 (1) (b) Except as provided in sub. (1m) or s. 302.045 (3), 961.49 (2), 973.01 (6) 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 (1) (b) or (c), (1g) or (2), the parole commission may parole an inmate serving a life term when he or she has served 20 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.

AB351-SSA1, s. 231 Section 231. 304.06 (1) (b) of the statutes, as affected by 1997 Wisconsin Acts 133 and .... (this act), is repealed and recreated to read:

AB351-SSA1,74,19 304.06 (1) (b) Except as provided in sub. (1m) or s. 302.045 (3), 961.49 (2), 973.01 (6) 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 (1) (b) or (c), (1g) or (2), the parole commission may parole an inmate serving a life term when he or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject to extension under s. 302.11 (1q) and (2), if applicable. 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.

AB351-SSA1, s. 232 Section 232. 304.06 (1y) of the statutes is amended to read:

AB351-SSA1,74,23 304.06 (1y) If a person is sentenced under s. 973.032, he or she is eligible for a release to parole supervision under this section and remains in the intensive sanctions program unless discharged by the department under s. 301.048 (6) (a).

AB351-SSA1, s. 233 Section 233. 304.062 (title) of the statutes is amended to read:

AB351-SSA1,75,2 304.062 (title) Ordering parolees and persons on extended supervision to perform community service work.

AB351-SSA1, s. 234 Section 234. 304.062 (1) of the statutes is amended to read:

AB351-SSA1,75,11 304.062 (1) The department may order that a parolee or a person on extended supervision perform community service work for a public agency or a nonprofit charitable organization. An order may apply only if agreed to by the parolee or the person on extended supervision and the organization or agency. The department shall ensure that the parolee or the person on extended supervision is provided a written statement of the terms of the community service order and shall monitor the parolee's compliance of the parolee or person on extended supervision with the community service order.

AB351-SSA1, s. 235 Section 235. 304.062 (2) of the statutes is amended to read:

AB351-SSA1,75,18 304.062 (2) Any organization or agency acting in good faith to which a parolee or person on extended supervision is assigned under an order under this section has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the parolee or person on extended supervision. The department has immunity from any civil liability for acts or omissions by or impacting on the parolee or person on extended supervision regarding the assignment under this section.

AB351-SSA1, s. 236 Section 236. 304.063 (title) of the statutes is amended to read:

AB351-SSA1,75,21 304.063 (title) Notification prior to release on extended supervision or parole.

AB351-SSA1, s. 237 Section 237. 304.063 (2) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (Assembly bill 342), is amended to read:

AB351-SSA1,76,4 304.063 (2) (intro.) Before a prisoner is released on parole under s. 302.11, 304.02 or 304.06 or on extended supervision under s. 302.113 or 302.114, if applicable, for a violation of s. 940.01, 940.03, 940.05, 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06 or 948.07, the department shall make a reasonable attempt to notify all of the following persons, if they can be found, in accordance with sub. (3) and after receiving a completed card under sub. (4):

AB351-SSA1, s. 238 Section 238. 304.063 (3) of the statutes is amended to read:

AB351-SSA1,76,8 304.063 (3) The department shall make a reasonable effort attempt to send the notice, postmarked at least 7 days before a prisoner is released on parole or extended supervision, to the last-known address of the persons under sub. (2).

AB351-SSA1, s. 239 Section 239. 304.071 (2) of the statutes is amended to read:

AB351-SSA1,76,12 304.071 (2) If a prisoner is not eligible for parole under s. 939.62 (2m), 961.49 (2), 973.01 (6), 973.014 (1) (c) or (1g) or 973.032 (5), he or she is not eligible for parole under this section.

AB351-SSA1, s. 240 Section 240. 304.072 (title) of the statutes is amended to read:

AB351-SSA1,76,15 304.072 (title) Period of probation, extended supervision or parole tolled.

AB351-SSA1, s. 241 Section 241. 304.072 (1) of the statutes is amended to read:

AB351-SSA1,76,25 304.072 (1) If the department of corrections in the case of a parolee or, probationer or person on extended supervision who is reinstated or waives a hearing or the division of hearings and appeals in the department of administration in the case of a hearing determines that a parolee or, probationer or person on extended supervision has violated the terms of his or her supervision, the department or division may toll all or any part of the period of time between the date of the violation and the date an order of revocation or reinstatement is entered, subject to credit according to the terms of s. 973.155 for any time the parolee or, probationer or person on extended supervision spent confined in connection with the violation.

AB351-SSA1, s. 242 Section 242. 304.072 (2) of the statutes is amended to read:

AB351-SSA1,77,6 304.072 (2) If a parolee or, probationer or person on extended supervision is alleged to have violated the terms of his or her supervision but the department or division determines that the alleged violation was not proven, the period between the alleged violation and the determination shall be treated as service of the probationary, extended supervision or parole period.

AB351-SSA1, s. 243 Section 243. 304.072 (3) of the statutes is amended to read:

AB351-SSA1,77,12 304.072 (3) Except as provided in s. 973.09 (3) (b), the department preserves jurisdiction over a probationer or, parolee or person on extended supervision if it commences an investigation, issues a violation report or issues an apprehension request concerning an alleged violation prior to the expiration of the probationer's or, parolee's or person's term of supervision.

AB351-SSA1, s. 244 Section 244. 304.072 (4) of the statutes is amended to read:

AB351-SSA1,77,18 304.072 (4) The sentence of a revoked parolee or person on extended supervision resumes running on the day he or she is received at a correctional institution subject to sentence credit for the period of custody in a jail, correctional institution or any other detention facility pending revocation according to the terms of s. 973.155.

AB351-SSA1, s. 245 Section 245. 304.073 (2) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB351-SSA1,78,2 304.073 (2) Beginning on January 1, 1996, the department shall charge a fee to any probationer or, parolee or person on extended supervision who is under minimum or administrative supervision and is supervised by the department. The fee does not apply if the person is supervised by a vendor under s. 301.08 (1) (c). The department shall set the fee sufficient to cover the cost of supervision. The department shall collect moneys for the fee charged under this subsection and credit those moneys to the appropriation account under s. 20.410 (1) (ge).

AB351-SSA1, s. 246 Section 246. 304.073 (2m) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB351-SSA1,78,12 304.073 (2m) (a) If a probationer or, parolee or person on extended supervision who owes unpaid fees to the department under sub. (2) is discharged from probation or from his or her sentence before the department collects the unpaid fees, the department shall, at the time of discharge, issue a notice to the probationer or, parolee or person on extended supervision that states that he or she owes unpaid fees under sub. (2) and that he or she is responsible for the payment of the unpaid fees. The notice under this paragraph shall be issued with the certificate of discharge required under s. 304.078 or 973.09 (5).

AB351-SSA1, s. 247 Section 247. 304.073 (4) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB351-SSA1,78,18 304.073 (4) The department may decide not to charge a fee under sub. (2) to any probationer or, parolee or person on extended supervision if the probationer or , parolee or person on extended supervision demonstrates that he or she is unable to pay the fee because of any of the following:

AB351-SSA1,78,20 (a) The probationer or, parolee or person on extended supervision is undergoing treatment approved by the department and is unable to work.

AB351-SSA1,78,24 (b) The probationer or, parolee or person on extended supervision has a statement from a physician certifying to the department that the probationer or, parolee or person on extended supervision should be excused from working for medical reasons.