AB100,1592,7
6304.063 (title)
Notification prior to release on community supervision
7or parole.
AB100, s. 3927
8Section
3927. 304.063 (2) (intro.) of the statutes is amended to read:
AB100,1592,149
304.063
(2) (intro.) Before a prisoner is released on parole under s. 302.11,
10304.02 or 304.06
or on community supervision under s. 302.113 or 302.114, if
11applicable, for a violation of s. 940.01, 940.03, 940.05, 940.225 (1) or (2), 948.02 (1)
12or (2), 948.025, 948.06 or 948.07, the department shall make a reasonable effort to
13notify all of the following persons, if they can be found, in accordance with sub. (3)
14and after receiving a completed card under sub. (4):
AB100, s. 3928
15Section
3928. 304.063 (3) of the statutes is amended to read:
AB100,1592,1816
304.063
(3) The department shall make a reasonable effort to send the notice,
17postmarked at least 7 days before a prisoner is released on parole
or community
18supervision, to the last-known address of the persons under sub. (2).
AB100, s. 3929
19Section
3929. 304.063 (4) of the statutes is amended to read:
AB100,1593,520
304.063
(4) The department shall design and prepare cards for any person
21specified in sub. (2) to send to the department. The cards shall have space for any
22such person to provide his or her name and address, the name of the applicable
23prisoner and any other information the department determines is necessary. The
24department shall provide the cards, without charge, to district attorneys. District
25attorneys shall provide the cards, without charge, to persons specified in sub. (2).
1These persons may send completed cards to the department. All department records
2or portions of records that relate to mailing addresses of these persons are not subject
3to inspection or copying under s. 19.35 (1)
, but the department shall provide
4information from records kept under this subsection in response to a request for
5information made under s. 49.22 (2m).
AB100, s. 3930
6Section
3930. 304.071 (2) of the statutes is amended to read:
AB100,1593,97
304.071
(2) If a prisoner is not eligible for parole under s. 939.62 (2m), 961.49
8(2),
973.01 (6), 973.014 (1) (c)
or (1g) or 973.032 (5), he or she is not eligible for parole
9under this section.
AB100, s. 3931
10Section
3931. 304.072 (title) of the statutes is amended to read:
AB100,1593,12
11304.072 (title)
Period of probation, community supervision or parole
12tolled.
AB100, s. 3932
13Section
3932. 304.072 (1) of the statutes is amended to read:
AB100,1593,2314
304.072
(1) If the department of corrections in the case of a parolee
or, 15probationer
or person on community supervision who is reinstated or waives a
16hearing or the division of hearings and appeals in the department of administration
17in the case of a hearing determines that a parolee
or
, probationer
or person on
18community supervision has violated the terms of his or her supervision, the
19department or division may toll all or any part of the period of time between the date
20of the violation and the date an order of revocation or reinstatement is entered,
21subject to credit according to the terms of s. 973.155 for any time the parolee
or, 22probationer
or person on community supervision spent confined in connection with
23the violation.
AB100, s. 3933
24Section
3933. 304.072 (2) of the statutes is amended to read:
AB100,1594,5
1304.072
(2) If a parolee
or
, probationer
or person on community supervision is
2alleged to have violated the terms of his or her supervision but the department or
3division determines that the alleged violation was not proven, the period between the
4alleged violation and the determination shall be treated as service of the
5probationary
, community supervision or parole period.
AB100, s. 3934
6Section
3934. 304.072 (3) of the statutes is amended to read:
AB100,1594,117
304.072
(3) Except as provided in s. 973.09 (3) (b), the department preserves
8jurisdiction over a probationer
or, parolee
or person on community supervision if it
9commences an investigation, issues a violation report or issues an apprehension
10request concerning an alleged violation prior to the expiration of the probationer's
11or, parolee's
or person's term of supervision.
AB100, s. 3935
12Section
3935. 304.072 (4) of the statutes is amended to read:
AB100,1594,1713
304.072
(4) The sentence of a revoked parolee
or person on community
14supervision resumes running on the day he or she is received at a correctional
15institution subject to sentence credit for the period of custody in a jail, correctional
16institution or any other detention facility pending revocation according to the terms
17of s. 973.155.
AB100, s. 3936
18Section
3936. 304.073 (1) (a) of the statutes is amended to read:
AB100,1594,2019
304.073
(1) (a) "Administrative supervision" has the meaning given in
rules
20promulgated under s. 301.08 (1) (c)
1. a.
AB100, s. 3937
21Section
3937. 304.073 (1) (b) of the statutes is amended to read:
AB100,1594,2322
304.073
(1) (b) "Minimum supervision" has the meaning given in
rules
23promulgated under s. 301.08 (1) (c)
1. b.
AB100, s. 3938
24Section
3938. 304.073 (2) of the statutes is amended to read:
AB100,1595,7
1304.073
(2) Beginning on January 1, 1996, the department shall charge a fee
2to any probationer
or, parolee
or person on community supervision who is under
3minimum or administrative supervision and is supervised by the department. The
4fee does not apply if the person is supervised by a vendor under s. 301.08 (1) (c)
2.
5The department shall set the fee sufficient to cover the cost of supervision. The
6department shall collect moneys for the fee charged under this subsection and credit
7those moneys to the appropriation account under s. 20.410 (1) (ge).
AB100, s. 3939
8Section
3939. 304.073 (2m) of the statutes is created to read:
AB100,1595,169
304.073
(2m) (a) If a probationer, parolee or person on community supervision
10who owes unpaid fees to the department under sub. (2) is discharged from probation
11or from his or her sentence before the department collects the unpaid fees, the
12department shall, at the time of discharge, issue a notice to the probationer, parolee
13or person on community supervision that states that he or she owes unpaid fees
14under sub. (2) and that he or she is responsible for the payment of the unpaid fees.
15The notice under this paragraph shall be issued with the certificate of discharge
16required under s. 304.078 or 973.09 (5).
AB100,1595,2317
(b) The department may request the attorney general to bring a civil action to
18recover unpaid fees owed to the department under sub. (2) by a person who has been
19discharged from probation or from his or her sentence and who, at the time of
20discharge, owed the department unpaid fees under sub. (2). Before requesting the
21attorney general to bring a civil action under this paragraph, the department shall
22deduct any fees owed to the department that were inaccurately assessed against the
23person.
AB100, s. 3940
24Section
3940. 304.073 (4) of the statutes is created to read:
AB100,1596,4
1304.073
(4) The department may decide not to charge a fee under sub. (2) to
2any probationer, parolee or person on community supervision if the probationer,
3parolee or person on community supervision demonstrates that he or she is unable
4to pay the fee because of any of the following:
AB100,1596,65
(a) The probationer, parolee or person on community supervision is undergoing
6treatment approved by the department and is unable to work.
AB100,1596,107
(b) The probationer, parolee or person on community supervision has a
8statement from a physician certifying to the department that the probationer,
9parolee or person on community supervision should be excused from working for
10medical reasons.
AB100, s. 3941
11Section
3941. 304.074 (title) of the statutes is amended to read:
AB100,1596,13
12304.074 (title)
Reimbursement fee for persons on probation and,
13parole, and community supervision.
AB100, s. 3942
14Section
3942. 304.074 (1) (a) of the statutes is amended to read:
AB100,1596,1615
304.074
(1) (a) "Administrative supervision" has the meaning given in
rules
16promulgated under s. 301.08 (1) (c)
1. a.
AB100, s. 3943
17Section
3943. 304.074 (1) (b) of the statutes is amended to read:
AB100,1596,1918
304.074
(1) (b) "Minimum supervision" has the meaning given in
rules
19promulgated under s. 301.08 (1) (c)
1. b.
AB100, s. 3944
20Section
3944. 304.074 (2) of the statutes is amended to read:
AB100,1597,521
304.074
(2) Beginning on January 1, 1996, the department shall charge a fee
22to probationers
and, parolees
and persons on community supervision to partially
23reimburse the department for the costs of providing supervision and services. The
24department shall set varying rates for probationers
and
, parolees
or persons on
25community supervision based on ability to pay and with the goal of receiving at least
1$1 per day, if appropriate, from each probationer
and, parolee
and person on
2community supervision. The department shall not charge a fee while the
3probationer
or, parolee
or person on community supervision is exempt under sub. (3).
4The department shall collect moneys for the fees charged under this subsection and
5credit those moneys to the appropriation account under s. 20.410 (1) (gf).
AB100, s. 3945
6Section
3945. 304.074 (3) (intro.) of the statutes is amended to read:
AB100,1597,97
304.074
(3) (intro.) The department may decide not to charge a fee under sub.
8(2) to any probationer
or, parolee
or person on community supervision while he or she
9meets any of the following conditions:
AB100, s. 3946
10Section
3946. 304.074 (3) (d) of the statutes is amended to read:
AB100,1597,1311
304.074
(3) (d) Has a statement from a physician certifying to the department
12that the probationer
or, parolee
or person on community supervision should be
13excused from working for medical reasons.
AB100, s. 3947
14Section
3947. 304.074 (4) of the statutes is amended to read:
AB100,1597,1715
304.074
(4) The fee under sub. (2) does not apply to any probationer
or, parolee
16or person on community supervision who is under minimum or administrative
17supervision.
AB100, s. 3948
18Section
3948. 304.074 (4m) of the statutes is created to read:
AB100,1598,219
304.074
(4m) (a) If a probationer, parolee or person on community supervision
20who owes unpaid fees to the department under sub. (2) is discharged from probation
21or from his or her sentence before the department collects the unpaid fees, the
22department shall, at the time of discharge, issue a notice to the probationer, parolee
23or person on community supervision that states that he or she owes unpaid fees
24under sub. (2) and that he or she is responsible for the payment of the unpaid fees.
1The notice under this paragraph shall be issued with the certificate of discharge
2required under s. 304.078 or 973.09 (5).
AB100,1598,93
(b) The department may request the attorney general to bring a civil action to
4recover unpaid fees owed to the department under sub. (2) by a person who has been
5discharged from probation or from his or her sentence and who, at the time of
6discharge, owed the department unpaid fees under sub. (2). Before requesting the
7attorney general to bring a civil action under this paragraph, the department shall
8deduct any fees owed to the department that were inaccurately assessed against the
9person.
AB100, s. 3949
10Section
3949. 304.075 of the statutes is amended to read:
AB100,1598,22
11304.075 (title)
Probationer and parolee loan Loan fund for
12probationers, parolees and persons on community supervision. The
13department shall create a revolving fund out of any moneys in its hands belonging
14to probationers
and, parolees
or persons on community supervision who absconded,
15or whose whereabouts are unknown. The fund shall be used to defray the expenses
16of clothing, transportation, maintenance and other necessities for probationers
and, 17parolees
and persons on community supervision who are without means to secure
18those necessities. All payments made from the fund shall be repaid by probationers
19or, parolees
or persons on community supervision for whose benefit they are made
20whenever possible; and any moneys belonging to them so paid into the revolving fund
21shall be repaid to them in accordance with law, in case a claim therefor is filed with
22the department upon showing the legal right of the claimant to such money.
AB100, s. 3950
23Section
3950. 304.13 (1) (intro.) of the statutes is amended to read:
AB100,1599,324
304.13
(1) (intro.) That it shall be competent for the duly constituted judicial
25and administrative authorities of a sending state to permit any person convicted of
1an offense within the sending state and placed on probation or released on
2community supervision or parole to reside in any receiving state while on probation
,
3community supervision or parole, if:
AB100, s. 3951
4Section
3951. 304.13 (2) of the statutes is amended to read:
AB100,1599,95
304.13
(2) That each receiving state will assume the duties of visitation of and
6supervision over probationers
, persons on community supervision or parolees of any
7sending state and in the exercise of those duties will be governed by the same
8standards that prevail for its own probationers
, persons on community supervision 9and parolees.
AB100, s. 3952
10Section
3952. 304.13 (3) of the statutes is amended to read:
AB100,1599,2411
304.13
(3) That the duly accredited officers of a sending state may at all times
12enter a receiving state and there apprehend and retake any person on probation
,
13community supervision or parole. For that purpose no formalities will be required
14other than establishing the authority of the officer and the identity of the person to
15be retaken. All legal requirements to obtain extradition of fugitives from justice are
16expressly waived on the part of states party hereto, as to such persons. The decision
17of the sending state to retake a person on probation
, community supervision or parole
18shall be conclusive upon and not reviewable within the receiving state; provided,
19however, that if at the time when a state seeks to retake a probationer
, person on
20community supervision or parolee there should be pending against that person
21within the receiving state any criminal charge, or that person should be suspected
22of having committed within such state a criminal offense, that person shall not be
23retaken without the consent of the receiving state until discharged from prosecution
24or from imprisonment for such offense.
AB100, s. 3953
25Section
3953. 304.13 (7) of the statutes is amended to read:
AB100,1600,7
1304.13
(7) That this compact shall continue in force and remain binding upon
2such ratifying state until renounced by it. The duties and obligations hereunder of
3a renouncing state shall continue as to parolees
, persons on community supervision 4or probationers residing therein at the time of withdrawal or until finally discharged
5by the sending state. Renunciation of this compact shall be by the same authority
6which ratified it, by sending 6 months' notice in writing of its intention to withdraw
7the compact to the other states party thereto.
AB100, s. 3954
8Section
3954. 304.13 (8) (b) of the statutes is amended to read:
AB100,1600,119
304.13
(8) (b) "Sending state" means a party to this compact permitting its
10probationers
, persons on community supervision and parolees to reside in a receiving
11state.
AB100, s. 3955
12Section
3955. 304.135 of the statutes is amended to read:
AB100,1601,5
13304.135 (title)
Out-of-state parolee supervision of parolees and
14persons on community supervision without compact. The department may
15permit any person convicted of an offense within this state and placed on probation
16or released on
community supervision or parole to reside in any other state not a
17party to the compact authorized by s. 304.13 whenever the authorities of the
18receiving state agree to assume the duties of visitation of and supervision over the
19probationer
, person on community supervision or parolee, governed by the same
20standards that prevail for its own probationers
, persons on community supervision 21and parolees, on the same terms as are provided in s. 304.13 (1) and (2) in the case
22of states signatory to the compact. Before permitting any probationer
, person on
23community supervision or parolee to leave this state under this section, the
24department shall obtain from him or her a signed agreement to return to this state
25upon demand of the department and an irrevocable waiver of all procedure
1incidental to extradition. The department may, in like manner, receive for
2supervision probationers
, persons on community supervision and parolees convicted
3in states not signatory to the compact, and shall have the same custody and control
4of those persons as it has over probationers
, persons on community supervision and
5parolees of this state.
AB100, s. 3956
6Section
3956. 304.137 of the statutes is amended to read:
AB100,1601,16
7304.137 Determination concerning submission of human biological
8specimen. If the department accepts supervision of a probationer
, person on
9community supervision or parolee from another state under s. 304.13 or 304.135, the
10department shall determine whether the violation of law for which the person is on
11probation
, community supervision or parole is comparable to a violation of s. 940.225
12(1) or (2), 948.02 (1) or (2) or 948.025. If the department determines that a person
13on probation
, community supervision or parole from another state violated a law that
14is comparable to a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025, the
15department shall direct the probationer
, person on community supervision or
16parolee to provide a biological specimen under s. 165.76.
AB100, s. 3957
17Section
3957. 304.14 of the statutes is amended to read:
AB100,1602,2
18304.14 (title)
Cooperative return of parole
, community supervision and
19probation violators. The secretary may deputize any person regularly employed
20by another state to act as an officer and agent of this state in effecting the return of
21any person who has violated the terms and conditions of parole
, community
22supervision or probation as granted by this state. In any matter relating to the
23return of such person, any agent so deputized shall have all the powers of a police
24officer of this state. Any deputization pursuant to this section shall be in writing and
1any person authorized to act as an agent under this section shall carry formal
2evidence of the deputization and shall produce the same upon demand.
AB100, s. 3958
3Section
3958. 340.01 (56) (a) 4. of the statutes is amended to read:
AB100,1602,64
340.01
(56) (a) 4. Children as defined under s. 115.76 (2) with exceptional
5educational needs of a type specified under s. 115.76 (3) (a) to (L) to or from an
6educational program approved by the department of
education public instruction.
AB100, s. 3959
7Section
3959. 340.01 (58m) of the statutes is created to read:
AB100,1602,118
340.01
(58m) "Snowplow" means a vehicle that is operated by a person
9employed by or on behalf of an authority in charge of the maintenance of a highway
10to perform highway winter maintenance snow and ice removal, including plowing,
11salting and sanding, during either a storm or cleanup following a storm.
AB100, s. 3960
12Section
3960. 341.01 (2) of the statutes is renumbered 341.01 (2) (intro.) and
13amended to read:
AB100,1602,1414
341.01
(2) (intro.) In this chapter
notwithstanding:
AB100,1602,18
15(a) Notwithstanding s. 340.01 (24), "implement of husbandry" means a vehicle
16or piece of equipment or machinery designed for agricultural purposes, used
17exclusively in the conduct of agricultural operations and used principally off a
18highway, or a trailer-mounted bulk liquid fertilizer container.
AB100, s. 3961
19Section
3961. 341.01 (2) (b) of the statutes is created to read:
AB100,1602,2220
341.01
(2) (b) Notwithstanding s. 340.01 (42), "owner" means, with respect to
21a vehicle that is leased to a lessee for a period of one year or more, the lessee of the
22vehicle for purposes of vehicle registration under this chapter.
AB100, s. 3962
23Section
3962. 341.04 (1) (a) of the statutes is amended to read:
AB100,1603,224
341.04
(1) (a) A vehicle may be operated by a private person after the date of
25purchase
or commencement of the lease of such vehicle by such private person or
1after the date such person moved to this state if application for registration, except
2for registration under s. 341.30 or 341.305, and certificate of title has been made.
AB100, s. 3963
3Section
3963. 341.04 (1) (c) of the statutes is created to read:
AB100,1603,94
341.04
(1) (c) Notwithstanding any other provision of this chapter, if a vehicle
5is owned by a lessor of vehicles and is leased to a lessee for a period of one year or more
6and the vehicle was registered in the name of the lessor before the effective date of
7this paragraph .... [revisor inserts date], the department may renew the registration
8in the name of the lessor in lieu of registration of the vehicle by the lessee. This
9paragraph does not apply to any subsequent lease of the vehicle by a lessor.
AB100, s. 3964
10Section
3964. 341.05 (19) of the statutes is amended to read:
AB100,1603,1411
341.05
(19) Is a
motor vehicle last previously registered in another jurisdiction
12or a repaired salvage vehicle operated to or from a location where it is to be inspected
13as required by
ss. 342.06 (1) (g) and s. 342.07, or an unregistered vehicle operated to
14or from a location where it is to be inspected as required by s. 110.20.
AB100, s. 3965
15Section
3965. 341.05 (25) of the statutes is created to read:
AB100,1603,1716
341.05
(25) Is a mobile home that exceeds the statutory size under s. 348.07
17(2) (c).
AB100, s. 3966
18Section
3966. 341.057 of the statutes is amended to read: