Agriculture
Currently, under the agricultural chemical cleanup program, this state
reimburses certain persons for a portion of the costs incurred in cleaning up
discharges of agricultural chemicals. The reimbursement is generally equal to 75%
of the costs that exceed $7,500 for a person required to have a license related to
fertilizer or pesticides, or that exceed $3,000 for any other person, but that do not
exceed $100,000. If the cleanup requires groundwater remediation, the person also
receives 80% of the costs that exceed $100,000 but that do not exceed $300,000.
This bill increases the amount of reimbursement provided under this program.
Under the bill, the reimbursement is generally equal to: 1) 80% of the costs that
exceed $7,500 for a person who is required to have a license related to fertilizer or
pesticides, a person with more than 25 employes or a person with annual sales of
more than $2,500,000; or 2) 80% of the costs that exceed $3,000 for any other person,
but that do not exceed $400,000.
The bill divides various existing fees related to pesticides, fertilizer and soil and
plant additives into fees and surcharges. The surcharges are used to fund the
agricultural chemical cleanup program. The bill suspends the surcharges for 2
years. The bill also modifies some of the fees.
This bill authorizes the department of agriculture, trade and consumer
protection (DATCP) to seek the reform of federal milk marketing orders and other
dairy pricing policies for the benefit of Wisconsin dairy farmers and to assist
organizations for the same purpose.
Current law authorizes DATCP to make grants to encourage the use of
sustainable agriculture if the legislative standing committees on agriculture
approve DATCP's proposal for a funding source for those grants. This bill eliminates
the requirement that the committees approve DATCP's proposal for a funding source
and authorizes sustainable agriculture grants to be funded from the general fund.
Under current law, the public service commission (PSC) and DATCP
administer a program to assist farmers with problems caused by stray voltage. The
stray voltage program is funded by fees charged to farmers and an assessment on
electric utilities that is collected by the PSC. This bill, in addition, requires DATCP
to impose a fee on rural electric cooperatives to pay a portion of the costs of the stray
voltage program.
Commerce and economic development
Buildings and safety
Under current law, housing that is ready for occupancy after September 30,
1993, consisting of 3 or more dwelling units (covered multifamily housing) is
required to be accessible to persons with disabilities. This bill raises to 4 the number
of dwelling units that multifamily housing must have to be subject to the accessibility
laws.
Under current law, no person may design or construct covered multifamily
housing unless that housing has at least one entrance for each building that is
accessible to persons with disabilities. Current law also requires all other entrances
at grade level to be accessible to the greatest extent feasible. This bill eliminates the
requirement that all other entrances at grade level be accessible to the greatest
extent feasible.
Under current law, a renter may request, at no cost to the renter, that lever door
handles be installed on all doors and single lever controls be installed on all plumbing
fixtures used by the renter. This bill shifts the expense of installing those door
handles and controls to the renter if the expense does not exceed market rates.
Current law requires the department of commerce to establish minimum
accessibility requirements for multilevel covered multifamily housing without
elevators (townhouses). This bill eliminates townhouses from the coverage of the
accessibility laws.
Under current law, plans and specifications for a proposed, covered multifamily
housing project or for a remodeling project must be submitted to the department for
approval prior to commencing work on the project. Currently, the department may
grant a variance from the exterior accessibility requirements if meeting those
requirements would be impractical because of the terrain or unusual characteristics
of the site. Current law requires the department, in granting a variance, to have a
minimum goal of exterior accessibility of 50% of the dwelling units of covered
multifamily housing at one site. This bill lowers to 20% the minimum goal of exterior
accessibility of dwelling units of covered multifamily housing when granting a
variance.
Current law applies accessibility requirements to covered multifamily housing
that is being remodeled, regardless of when the housing was first intended for
occupancy, based on the percentage of interior square footage that is being remodeled
and the type of alterations being made. This bill eliminates the percentage
requirements and requires instead that, when covered multifamily housing is
remodeled, that part of the housing that is to be remodeled must be made accessible.
The bill also requires the path of travel to the remodeled area and the toilet rooms,
telephones and drinking water serving the remodeled area to be made accessible,
unless the cost of remodeling the path of travel exceeds 20% of the cost of the entire
remodeling project.
Commerce
This bill requires financial institutions doing business in this state to
participate in a financial record matching program. Under this program, a financial
institution is required to match information about delinquent child support obligors,
provided by the department of industry, labor and job development (DILJD), with
financial records of the financial institution. The matching requirement also applies
to family support and court-ordered payment of past support and medical or birth
expenses. The financial institution is required to identify any accounts of delinquent
obligors and to notify DILJD of the obligor's account number and the balance in the
account at the time that the record match is made. The bill provides that a financial
institution is not liable to any person for disclosing financial records to a child
support agency attempting to establish, modify or enforce a support obligation, or for
disclosures of account information, seizures of assets or other actions taken in good
faith in participating in the financial record matching program. (See also Health
and human services, support, paternity and other family matters.)
Currently, under the petroleum storage remedial action program (commonly
known as PECFA) owners are reimbursed for a portion of the cleanup costs of
discharges from petroleum storage systems. Current law also directs the
department of commerce to inspect petroleum products brought into this state to
ensure that the products meet minimum product grade specifications. The
department of revenue (DOR) imposes and collects a petroleum inspection fee for
these inspections, and the revenue from the petroleum inspection fees funds several
programs, including PECFA.
This bill provides that any person who purchases in this state aviation fuel on
which the petroleum inspection fee has been imposed is eligible for an allowance of
2 cents for each gallon of aviation fuel purchased in excess of 1,000,000 gallons per
month. The allowance is obtained by filing a claim with DOR. A person who
purchases aviation fuel for resale is not eligible for the allowance.
Under current law, a person who sells liquefied petroleum gas (LP gas) using
a meter that measures the gas in liquid form must comply with certain requirements
to ensure the accuracy of the measurements done by the meter and the price charged
the purchaser.
Under this bill, a person using this type of meter to sell or deliver LP gas must
have the meter inspected at least annually by an independent meter testing
company. Under the bill, the company must file a report with the department of
agriculture, trade and consumer protection (DATCP) on the condition of the meter,
and must pay a fee to DATCP for each meter for which a report is filed.
The bill also authorizes DATCP to inspect these meters. Under the bill, a seller
must pay a fee to DATCP if the amount of LP gas delivered is less than the amount
measured by the meter or if the meter has not been inspected within the last year.
The bill also raises the fees for licenses for commercial scales that weigh
vehicles and for licenses for persons who install, test or service weights and
measures.
Current law restricts the transmittal of unsolicited documents by facsimile
machine. These restrictions prohibit the transmittal of unsolicited documents that
are more than one page and the transmittal of unsolicited documents to persons with
whom the person sending the documents has not had a prior business relationship.
The current definition of "facsimile machine" under this law includes specified types
of transmitting media used to transmit copies of documents. These media include
telephone lines, microwaves, satellites and cellular radio transmittal. This bill
expands the definition of "facsimile machine" to include a machine that uses any type
of radio transmittal.
Under current law, the public service commission (PSC) may require a party to
certain hearings to pay the cost of producing a transcript. In all other hearings and
investigations for which a transcript is produced, the PSC must provide free copies
of transcripts upon request. In addition, the PSC may charge a reasonable price for
a copy of an audiotape or videotape that is received into evidence. Under this bill,
the PSC may require any party to any hearing or investigation to pay the cost of
producing a transcript, audiotape or videotape. In addition, the PSC may charge a
reasonable price for a copy of a transcript that is requested.
This bill changes the name of the division of savings and loan in the department
of financial institutions (DFI) to the division of savings institutions.
Economic development
Under current law, some of the mining tax revenue which the state collects is
deposited in the badger fund and the rest is deposited in the investment and local
impact fund, which is used to benefit communities affected by mining. The interest
on the badger fund may be expended for school aids and certain recreational
purposes. The badger board administers the fund. However, on June 30, 1997, the
balance in the badger fund lapses to the general fund. This bill discontinues the
badger fund and the badger board and provides that all mining tax revenue is
deposited in the investment and local impact fund.
This bill creates a mining economic development grant and loan program.
Under the program, the department of commerce may award a grant or loan to a
business, community-based organization, local development corporation, city,
village, town or county located in an area affected by mining for various specified
purposes, such as start-up or expansion costs, developing an economic
diversification plan, conducting a local economic development project or establishing
a revolving loan fund to finance businesses that will create long-term employment
opportunities. An area affected by mining is defined as an area in which public and
private infrastructure are or were provided to support mining activity, public funds
are or were expended for costs associated with mining activity, construction of a mine
has begun and economic diversification is necessary to reduce dependence on mining
activity. The bill specifies factors that must be considered in awarding the grants and
loans and places limits on the amounts that may be awarded for each type of project.
The program is funded from the investment and local impact fund.
This bill authorizes the department of commerce to award a grant to a person
for the redevelopment of brownfields and associated environmental remediation
activities. The bill defines brownfields as abandoned, idle or underused industrial
or commercial facilities or sites that are adversely affected for expansion or
redevelopment because of actual or perceived environmental contamination. The
party actually responsible for the environmental contamination must be unknown
or unable to be located, and a person receiving a grant must make a cash or in-kind
contribution to the project. The bill sets out criteria for the department to use in
making grants, and the relative weight that the department must give to each of the
criteria. Before the department awards a grant, however, it must consider the
recommendations of the department of administration (DOA) and the department
of natural resources (DNR). The department is required to award at least 7 grants
for projects that are located in municipalities with a population of less than 30,000.
A total of $20,000,000 in grants may be awarded. The maximum amount that may
be awarded for a grant is $5,000,000. The grants are funded from the recycling fund.
The bill also requires the department of commerce, DOA and DNR to enter into
a memorandum of understanding addressing various issues related to the
responsibilities of the 3 departments with respect to brownfields redevelopment
programs, including a conflict resolution mechanism.
Under current law, the Wisconsin Housing and Economic Development
Authority (WHEDA) guarantees repayment of loans from the Wisconsin
development reserve fund (fund) for the recycling, stratospheric ozone protection,
clean air, small business, business improvement, targeted development, nonpoint
source pollution abatement and agricultural chemical cleanup, agricultural
production, farm assets reinvestment management, agricultural production drought
assistance, agricultural development and cultural and architectural landmark loan
guarantee programs. The total outstanding principal amount of loans that WHEDA
may guarantee under any of these loan guarantee programs is limited to a specified
amount under each program.
This bill combines 6 of the loan guarantee programs for which repayment is
guaranteed from the fund (the stratospheric ozone protection, clean air, small
business, business improvement, targeted development and nonpoint source
pollution abatement and agricultural chemical cleanup loan guarantee programs),
into a new, more broadly based loan guarantee program, called the small business
development loan guarantee program. Under the program, WHEDA may guarantee
a portion of the principal of a loan to the elected governing body of an American
Indian tribe or band or to a business if the business owner is actively engaged in the
business, the business does not employ more than 50 employes on a full-time basis
and the business owner is not delinquent in the payment of child support or
maintenance (spousal support). The portion of the principal of a loan that may be
guaranteed may not exceed 80% of the principal of the loan or $200,000, whichever
is less. The loan proceeds may be used for expenses related to the expansion or
acquisition of a business or for expenses related to the start-up of a day care
business. The use of the loan proceeds must be likely to have a positive impact on
job retention or creation. Loan proceeds may not be used for entertainment
expenses, expenses related to a community-based residential facility or expenses
related to the production of an agricultural commodity. Loans to a single borrower
that are guaranteed under the program may not exceed $750,000. The total
outstanding guaranteed principal amount of all loans that WHEDA may guarantee
under the program may not exceed $28,750,000.
The bill also creates another new loan guarantee program, beginning on July
1, 1998, called the brownfields redevelopment loan guarantee program. Under the
program, WHEDA may guarantee up to 80% of the principal of a loan that is made
to a business in this state for the purpose of redeveloping brownfields and related
environmental remediation activities. The total outstanding principal amount of all
loans that WHEDA may guarantee under this program is $500,000.
Under current law, WHEDA is required to ensure that the cash balance in the
fund is maintained at a ratio of $1 of reserve funding to $4 of outstanding principal
that WHEDA may guarantee under all of the programs guaranteed from the fund.
This bill changes the ratio at which WHEDA must maintain the fund to $1 of reserve
funding to $4.50 of outstanding principal that WHEDA may guarantee under all of
the programs, except for the cultural and architectural landmark loan guarantee
program, which remains at $1 of reserve funding to $4 of outstanding guaranteed
principal.
Under current law, WHEDA may issue bonds and notes to finance certain
economic development projects, including economic development projects involving
sports and entertainment home stadiums. This bill eliminates the authority to issue
bonds and notes for this purpose.
Under current law, WHEDA may issue up to $10,000,000 in bonds and notes
for its beginning farmer program, which assists beginning farmers in purchasing
agricultural land and improvements. This bill raises the limit on total bonds and
notes that WHEDA may issue under the program to $17,500,000.
This bill authorizes the department of tourism to award grants to statewide
organizations that represent counties. An organization must use the grant proceeds
to promote international trade, business and economic development in the state.
This bill gives the department of tourism the exclusive right to license the
commercial use of certain state symbols and certain representations that are
designed by the state or that are affixed to state property for the purpose of
manufacturing or marketing any article of merchandise on which is affixed such
symbols or representations. The department may enter into contracts for the
manufacture or marketing of any article of merchandise on which is affixed any state
symbol or representation and may market or sell such merchandise itself. The
department is required to enter into contracts for the marketing or sale of such
merchandise with one or more statewide organizations that represent counties.
Moneys received by the department from contracts, license fees or the sale of
merchandise, and moneys received by statewide organizations from the sale of
merchandise, must be used for tourism promotion and for grants to one or more
statewide organizations that represent counties for international trade, business
and economic development.
This bill authorizes the department of tourism to acquire excess or surplus state
property from DOA and from the department of transportation (DOT) and to sell the
property to any person at a price determined by the department of tourism. The
department of tourism is required to enter into contracts for the marketing or sale
of such property with one or more statewide organizations that represent counties.
Moneys received by the department of tourism from the sale of such property, and
moneys received by statewide organizations from the sale of such property, must be
used for tourism promotion and for grants to one or more statewide organizations
that represent counties for international trade, business and economic development.
Under the current rural economic development program, which is
administered by the department of commerce, the rural economic development board
may award a grant or loan to a business that has fewer than 25 employes and that
is located in a rural municipality (a city, village or town that has a population of 4,000
or less or that is located in a county with a population density of less than 150 persons
per square mile). The program has 2 parts. Under the first part, the recipient
business must use the grant or loan, which may not exceed $30,000, for start-up
costs. Under the 2nd part, a business that received a grant or loan under the first
part of the program may receive a loan, which may not exceed $25,000, for working
capital, fixed asset financing or employe relocation costs. The total amount of the
loans awarded in a fiscal biennium under the 2nd part of the program may not exceed
20% of the total amount appropriated for the program in that fiscal biennium. Under
both parts of the program, the recipient business may be required by the board to
contribute a portion of the cost of the project in cash or in-kind services.
This bill makes a number of changes to this program. The definition of rural
municipality is changed to include a city, village or town with a population of 6,000
or less. An eligible business must have fewer than 100, rather than 25, employes.
A business need not have received a grant or loan under the first part of the program
in order to be eligible for an award under the 2nd. The first part, under which the
board may award a grant or a loan, is changed so that only grants may be awarded
and the maximum amount of an award is changed from $30,000 to $15,000. Under
the 2nd part, the board may award grants and loans instead of only loans and the
maximum amount of an award is changed from $25,000 to $100,000. The limit on
the awards under the 2nd part is eliminated. In addition, a recipient of any award
under the program is required to contribute cash from a nonstate source in an
amount that equals at least 25% of the total cost of the project.
The bill provides that under each of the 2 parts, the board must award for
purposes related to agricultural businesses not less than 25% nor more than 50% of
the total amount awarded under that part in a fiscal biennium. The department of
commerce and DATCP must designate staff to evaluate applications and make
recommendations for grants or loans for purposes related to agricultural businesses.
The bill also authorizes the department to award a grant, not exceeding
$50,000, to a person or a business proposing to start up, modernize or expand a dairy
farm or other agricultural business in the state. The person or business must own
the dairy farm or other agricultural business and use the grant proceeds to pay for
services related to the start-up, modernization or expansion of the dairy farm or
other agricultural business or for management assistance continuing after
completion of the start-up, modernization or expansion project. The total amount
of grants that may be awarded in a fiscal year for this purpose may not exceed
$200,000.
This bill makes a number of changes to the minority business development
program, under which the department of commerce and the minority business
development board make grants and loans for business development projects to
minority group members and businesses that are at least 51% owned, controlled and
actively managed by a minority group member or members. The business
development projects are of 2 general types: projects that involve the planning
stages of a business (early planning projects) and projects that involve the start-up,
expansion or acquisition of a business (development projects). The department may
award grants for early planning projects and the board may award grants or loans
for development projects. In addition, the board may award a grant or loan to a local
development corporation, defined as the governing body of a federally recognized
American Indian tribe, or a business created by such a governing body, or a nonprofit
corporation promoting economic development in a specific geographic area that is at
least 51% controlled and actively managed by minority group members. The local
development corporation must in turn use the grant or loan proceeds to make grants
or loans to minority group members or minority businesses for development projects.
Under current law, the department may award for early planning projects no
more than 10% of the moneys appropriated for the entire minority business
development program. This bill changes this limit to 25%.
The bill also permits the board to award a grant or loan to a local development
corporation for the creation, expansion or continuation of a revolving fund program
that is operated by the corporation and that benefits or will benefit minority
businesses or minority group members. A corporation that receives a grant or loan
for this purpose must contribute, in cash, at least 50% of the cost of the project.
Under current law, the board may not award more than $100,000 in a fiscal
biennium to any one recipient for any one development project and a local
development corporation that receives a grant or loan from the board may not award
more than $100,000 in a fiscal biennium to any one recipient or for any one
development project. This bill removes that limit on awards that a local development
corporation may make in a fiscal biennium and, instead, provides that a corporation
may not make a grant or loan that exceeds $50,000 to an eligible recipient for
development project costs. This new limit does not apply, however, to grants or loans
that a corporation may make under a revolving fund program. The bill provides, in
addition, that the board is prohibited from awarding more than $200,000 in a fiscal
year to any one local development corporation.
Under current law, the board must consider a number of specified factors
related to a development project for which a local development corporation intends
to make a grant or loan before the board may award a grant or loan to the local
development corporation. This bill changes this requirement so that the board no
longer considers the factors in relation to a development project for which a local
development corporation intends to make a grant or loan. Instead, a local
development corporation must use factors that are similar to those specified factors
when making a grant or loan for a development project or under a revolving fund
program.
Under the current community-based economic development programs, the
department of commerce awards grants to political subdivisions and
community-based organizations for various purposes related to promoting economic
development at the community level. Under one of the programs, the department
may make a grant of up to $10,000 to a political subdivision to enable the political
subdivision to develop a plan for diversifying its economy. Also under that program,
the department may make a grant of up to $20,000 to a community-based
organization to provide assistance to entrepreneurs or businesses that will provide
jobs or to conduct a local economic development project. This bill revises this
program by increasing the grant limit to $30,000 for either of the specified purposes
and by authorizing the department to make a grant to a community-based
organization, as well as to a political subdivision, to develop a plan for diversifying
the local or regional economy. In addition, the bill requires the purpose of the plan
to include attracting new businesses and jobs and promoting economic development.
The bill also creates another community-based economic development
program. Under this program, the department may make a grant to a
community-based organization or private nonprofit organization for the purpose of
a venture capital development project that assists entrepreneurs or businesses in
obtaining funding for the start-up or development of a business. The project must
be likely to stimulate investment, promote economic development or create or retain
jobs in the state. An applicant must submit a plan related to the project, and the plan
must be approved by the secretary of commerce. An applicant must also provide at
least 50% of the cost of the project through cash or in-kind contributions. The
department may not award more than $75,000 in grants under the new program in
any fiscal year.
This bill creates a new program, to be funded by the Wisconsin development
fund and called the manufacturing assessment grant program, under which a grant
of up to $2,500 may be made to a business with 500 or fewer employes to fund a
management assessment and plan. The assessment and plan must be likely to assist
the business in adopting and implementing new manufacturing processes and
technologies and to help make the business more competitive. Total grants under the
program may not exceed $750,000 in a fiscal biennium.
The bill eliminates the research grant and loan program, funded by the
Wisconsin development fund, under which grants and loans may be made to a
business with 250 or fewer employes to fund research having a potential commercial
application. A similar program under current law, the technology development grant
and loan program, provides grants and loans to businesses of any size to fund
technical research intended to result in the development of a new or improved
industrial product or process.
The bill also authorizes the department of commerce to charge a grant or loan
origination fee of up to 1.5% of a grant or loan that exceeds $200,000 and that is
awarded under either of 2 programs funded by the Wisconsin development fund, the
major economic development projects program or the customized labor training
grants and loans program. Revenue from the fees is used for the costs of
underwriting grants and loans paid from the Wisconsin development fund and for
administering the grant and loan programs funded by the Wisconsin development
fund.
Under the current development zone program, after the department of
commerce designates an area as a development zone, a person or corporation that
conducts or intends to conduct economic activity in the designated zone may be
certified by the department as eligible for certain tax credits. The designation of an
area as a development zone is effective for 84 months, but this period may be
extended for 12 months up to 3 times. When the department designates a
development zone, the department allocates to the development zone a portion of
$28,155,000, which is the total amount of tax credits that may be claimed under the
program. Current law authorizes the department to increase the original amount
of tax credits that were allocated to a development zone at its designation by up to
$500,000.
This bill changes the total amount of tax credits that may be claimed under the
program to $33,155,000. The bill removes the limit on any increase in the original
amount of tax credits that were allocated to a development zone. Finally, the bill
allows the designation of a development zone to be extended for 12 months up to 5
times.
Correctional system
Adult correctional system
Under current law, a person serving a sentence of imprisonment to a state
prison usually has 3 possible ways of being released on parole: discretionary parole
granted by the parole commission (for which a person is usually eligible after serving
25% of the sentence or 6 months, whichever is greater); mandatory release on parole
(usually granted automatically after the person serves two-thirds of the sentence);
or special action parole release by the secretary of corrections (a program designed
to relieve prison crowding).
However, current law also provides different parole eligibility provisions for
certain serious felony offenders. If a serious felony offender has one or more prior
convictions for a serious felony, a judge may set a discretionary parole eligibility date
for the offender that is later than 25% of the sentence or 6 months but not later than
the mandatory release date of two-thirds of the sentence. In addition, certain
serious felony offenders need not be automatically released when they reach their
mandatory release dates. Instead, the parole commission may deny mandatory
release to such offenders in order to protect the public or because an offender refuses
to participate in counseling or treatment. The serious felony offenders covered by
these parole provisions include persons convicted of serious violations such as
homicide, battery, sexual assault, mayhem, kidnapping, taking hostages, arson,
armed burglary, armed robbery, carjacking, assault by a prisoner, crimes against
children and unlawful manufacture, sale or possession of controlled substances
(dangerous drugs).
This bill increases the maximum term of imprisonment for certain felonies (see
Crimes) and changes the structure of sentences imposed for felony offenses. Under
the bill, if a court chooses to sentence a felony offender to a term of imprisonment in
state prison for a felony committed on or after July 1, 1998, the court must do so by
providing a bifurcated sentence that includes a term of confinement in prison
followed by a term of community supervision. The offender is not eligible for any type
of parole. A bifurcated sentence imposed under the bill must be structured as follows:
1. The total length of the bifurcated sentence may not exceed the maximum
term of imprisonment allowable for the felony.
2. The court must set the term of confinement in the prison portion of the
sentence to be at least one year but not more than 40 years for a Class B felony, 20
years for a Class BC felony, 10 years for a Class C felony, 5 years for a Class D felony,
or 2 years for a Class E felony. If the person is being sentenced for a felony that is
not in one of these classes, the term of confinement in prison portion of the sentence
must be at least one year but not more than 75% of the total length of the bifurcated
sentence.
3. The term of community supervision must equal at least 25% of the length
of the term of confinement in prison.
After the person completes the term of confinement in prison portion of the
sentence, he or she serves the term of community supervision in which he or she is
subject to conditions set by both the court and the department of corrections (DOC)
and is subject to supervision by DOC. If a person violates a condition of community
supervision, community supervision may be revoked and the person may be returned
to serve a period of time in prison.
Under current law, a person serving a life sentence usually must serve 20 years
minus time calculated under the mandatory release formula before he or she is
eligible for release on parole. If the person does not receive extensions due to
violations of prison rules, he or she reaches parole eligibility after serving 13 years,
4 months. However, a judge may set a parole eligibility date for a person serving a
life sentence that is later than the usual parole eligibility date or may provide that
the person is not eligible for parole. Also, if a person has 2 convictions for any of
certain serious felonies and is then convicted a 3rd time for another serious felony,
he or she must be sentenced to life without parole (the so-called "3 strikes, you're out"
law). No person serving a life sentence is entitled to mandatory release.
This bill provides that a person sentenced to life imprisonment for a crime
committed on or after July 1, 1998, is not eligible for parole. Instead, the bill requires
a judge who is sentencing a person to life imprisonment to do one of the following:
1) provide that the person is eligible for community supervision after serving 20
years; 2) set a date on which the person becomes eligible for community supervision,
as long as that date requires the person to serve at least 20 years; or 3) provide that
the person is not eligible for community supervision. If the court provides that the
person is eligible for community supervision, the person may petition the sentencing
court for release to community supervision on or after the community supervision
eligibility date. A person sentenced to life who is released to community supervision
is on community supervision for the remainder of his or her life and, like a person
on community supervision under a bifurcated sentence, may have his or her
community supervision revoked and be returned to prison if he or she violates a
condition of community supervision. The bill does not affect persons sentenced to life
imprisonment without the possibility of parole under the "3 strikes, you're out" law.
