AB351: Bill Text

AB351,37,12 (5) (a) An inmate subject to this section who is seeking release to community supervision shall file a petition for release to community supervision with the court that sentenced him or her. An inmate may not file an initial petition under this paragraph earlier than 90 days before his or her community supervision eligibility date. If an inmate files an initial petition for release to community supervision at any time earlier than 90 days before his or her community supervision eligibility date, the court shall deny the petition without a hearing.

AB351,37,16 (am) The inmate shall serve a copy of a petition for release to community supervision on the district attorney's office that prosecuted him or her, and the district attorney shall file a written response to the petition within 45 days after the date he or she receives the petition.

AB351,37,22 (b) After reviewing a petition for release to community supervision and the district attorney's response to the petition, the court shall decide whether to hold a hearing on the petition or, if it does not hold a hearing, whether to grant or deny the petition without a hearing. If the court decides to hold a hearing under this paragraph, the hearing shall be before the court without a jury. The office of the district attorney that prosecuted the inmate shall represent the state at the hearing.

AB351,38,3 (c) Before deciding whether to grant or deny the inmate's petition, the court shall allow a victim or family member of a homicide victim to make a statement or submit a statement concerning the release of the inmate to community supervision. The court may allow any other person to make or submit a statement under this paragraph. Any statement under this paragraph must be relevant to the release of the inmate to community supervision.

AB351,38,6 (cm) A court may not grant an inmate's petition for release to community supervision unless the inmate proves, by clear and convincing evidence, that he or she is not a danger to the public.

AB351,38,8 (d) If the court grants the inmate's petition for release to community supervision, the court may impose conditions on the term of community supervision.

AB351,38,14 (e) If the court denies the inmate's petition for release to community supervision, the court shall specify the date on which the inmate may file a subsequent petition under this section. An inmate may file a subsequent petition at any time on or after the date specified by the court, but if the inmate files a subsequent petition for release to community supervision before the date specified by the court, the court may deny the petition without a hearing.

AB351,38,18 (f) An inmate may appeal an order denying his or her petition for release to community supervision. In an appeal under this paragraph, the appellate court shall determine whether the court properly exercised its discretion in denying the petition for release to community supervision.

AB351,38,19 (6) (a) In this subsection:

AB351,38,21 1. "Member of the family" means spouse, child, sibling, parent or legal guardian.

AB351,38,22 2. "Victim" means a person against whom a crime has been committed.

AB351,39,5 (b) If an inmate petitions a court under sub. (5) or (9) (b) for release to community supervision under this section, the clerk of the circuit court in which the petition is filed shall send a copy of the petition and, if a hearing is scheduled, a notice of hearing to the victim of the crime committed by the inmate or, if the victim died as a result of the crime, an adult member of the victim's family or, if the victim is younger than 18 years old, the victim's parent or legal guardian, if the victim, adult family member or parent or legal guardian has submitted a card under par. (e) requesting notification.

AB351,39,9 (c) The notice under par. (b) shall inform the persons under par. (b) that they may appear at the hearing under sub. (5) or (9) (b), if a hearing is scheduled, and shall inform them of the manner in which they may provide written statements concerning the inmate's petition for release to community supervision.

AB351,39,14 (d) The clerk of the circuit court shall make a reasonable effort to send a copy of the inmate's petition to the last-known address of the persons under par. (b) within 7 days of the date on which the petition is filed and shall make a reasonable effort to send the notice of hearing, if a hearing is scheduled, to the last-known address of the persons under par. (b), postmarked at least 10 days before the date of the hearing.

AB351,39,25 (e) The director of state courts shall design and prepare cards for a person specified under par. (b) to send to the clerk of the circuit court in which the inmate is convicted and sentenced. The cards shall have space for any such person to provide his or her name and address, the name of the applicable inmate and any other information the director of state courts determines is necessary. The director of state courts shall provide the cards, without charge, to clerks of circuit court. Clerks of circuit court shall provide the cards, without charge, to persons specified in par. (b). These persons may send completed cards to the clerk of the circuit court in which the inmate was convicted and sentenced. All court records or portions of records that relate to mailing addresses of these persons are not subject to inspection or copying under s. 19.35 (1).

AB351,40,6 (7) Before a person is released to community supervision under this section, the department shall notify the municipal police department and the county sheriff for the area where the person will be residing. The notification requirement does not apply if a municipal department or county sheriff submits to the department a written statement waiving the right to be notified. If applicable, the department shall also comply with s. 304.063.

AB351,40,11 (8) Any inmate released to community supervision under this section is subject to all conditions and rules of community supervision. The department may set conditions of community supervision in addition to any conditions of community supervision set by the court under sub. (5) (d) if the conditions set by the department do not conflict with the court's conditions.

AB351,40,16 (9) (a) If a person released to community supervision under this section violates a condition of community 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 community supervision waives a hearing, may revoke the community supervision of the person and return the person to prison.

AB351,40,25 (b) A person who is returned to prison after revocation of community supervision under par. (a) shall be incarcerated for 5 years, subject to extension in accordance with sub. (3), after which period of time the person may, upon petition to the sentencing court, be released to community supervision. An inmate may not file a petition under this paragraph earlier than 90 days before the end of the 5-year period. If an inmate files a petition for release to community supervision under this paragraph at any time earlier than 90 days before the end of the 5-year period, 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.

AB351,41,3 (c) A person who is subsequently released to community supervision under par. (b) is subject to all conditions and rules under sub. (8) until the expiration of the sentence.

AB351,41,5 (10) The department may promulgate rules establishing guidelines and criteria for the exercise of discretion under this section.

AB351, s. 96 Section 96. 302.14 of the statutes is amended to read:

AB351,41,15 302.14 (title) Property of deceased inmates, parolees or, probationers or persons on community supervision, disposition. When an inmate of a prison or, a parolee of an institution , a person on community 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, s. 97 Section 97. 302.17 (2) of the statutes is amended to read:

AB351,41,21 302.17 (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 community supervision, condition at the time of release on parole or community supervision and progress made while on parole or community supervision. This subsection does not apply to inmates subject to an order under s. 48.366.

AB351, s. 98 Section 98. 302.25 (4) (c) of the statutes is amended to read:

AB351,42,6 302.25 (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, community 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, s. 99 Section 99. 302.33 (2) (a) (intro.) of the statutes is amended to read:

AB351,42,11 302.33 (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, community supervision or probation revocation proceedings subject to the following conditions:

AB351, s. 100 Section 100. 302.33 (2) (b) of the statutes is amended to read:

AB351,42,16 302.33 (2) (b) This subsection applies only to probationers or, parolees or persons on community 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, s. 101 Section 101. 302.335 (title) of the statutes is amended to read:

AB351,42,19 302.335 (title) Restrictions on detaining probationers and, parolees and persons on community supervision in county or tribal jail.

AB351, s. 102 Section 102. 302.335 (2) (intro.) of the statutes is amended to read:

AB351,42,24 302.335 (2) (intro.) If a probationer or , parolee or person on community 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 community supervision revocation proceedings, the following conditions apply:

AB351, s. 103 Section 103. 302.335 (2) (a) (intro.) of the statutes is amended to read:

AB351,43,8 302.335 (2) (a) (intro.) The department shall begin a preliminary revocation hearing within 15 working days after the probationer or , parolee or person on community 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 community 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, s. 104 Section 104. 302.335 (2) (a) 1. of the statutes is amended to read:

AB351,43,11 302.335 (2) (a) 1. The probationer or , parolee or person on community supervision has waived, in writing, the right to a preliminary hearing.

AB351, s. 105 Section 105. 302.335 (2) (a) 2. of the statutes is amended to read:

AB351,43,14 302.335 (2) (a) 2. The probationer or , parolee or person on community supervision has given and signed a written statement that admits the violation.

AB351, s. 106 Section 106. 302.335 (2) (a) 3. of the statutes is amended to read:

AB351,43,19 302.335 (2) (a) 3. There has been a finding of probable cause in a felony criminal action and the probationer or, parolee or person on community supervision is bound over for trial for the same or similar conduct that is alleged to be a violation of supervision.

AB351, s. 107 Section 107. 302.335 (2) (b) of the statutes is amended to read:

AB351,44,3 302.335 (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 community 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 community supervision has waived the right to a final revocation hearing.

AB351, s. 108 Section 108. 302.335 (3) of the statutes is amended to read:

AB351,44,8 302.335 (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 community supervision under this subsection.

AB351, s. 109 Section 109. 302.335 (4) of the statutes is amended to read:

AB351,44,14 302.335 (4) This section applies to probationers or, parolees or persons on community 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 community supervision who is in the county jail, other facility or the tribal jail and serving a sentence.

AB351, s. 110 Section 110. 303.065 (1) of the statutes is renumbered 303.065 (1) (a) and amended to read:

AB351,44,19 303.065 (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.

AB351,44,25 (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 community supervision eligibility date under s. 302.114 (9) (b) or 973.014 (1g) (a) 1. or 2., whichever is applicable.

AB351,45,2 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, s. 111 Section 111. 303.21 (1) (a) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 68), is amended to read:

AB351,45,16 303.21 (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 community 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, s. 112 Section 112. 303.215 of the statutes is amended to read:

AB351,46,3 303.215 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 community 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, s. 113 Section 113. 304.02 (3) (c) of the statutes is amended to read:

AB351,46,7 304.02 (3) (c) The institution social worker or the probation, community 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, s. 114 Section 114. 304.02 (4) of the statutes is amended to read:

AB351,46,11 304.02 (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, s. 115 Section 115. 304.02 (5) of the statutes is amended to read:

AB351,46,15 304.02 (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, s. 116 Section 116. 304.02 (6) of the statutes is created to read:

AB351,46,19 304.02 (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, s. 117 Section 117. 304.06 (1) (b) of the statutes is amended to read:

AB351,47,10 304.06 (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, s. 118 Section 118. 304.06 (1y) of the statutes is amended to read:

AB351,47,14 304.06 (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, s. 119 Section 119. 304.062 (title) of the statutes is amended to read:

AB351,47,17 304.062 (title) Ordering parolees and persons on community supervision to perform community service work.

AB351, s. 120 Section 120. 304.062 (1) of the statutes is amended to read:

AB351,48,2 304.062 (1) The department may order that a parolee or a person on community 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 community supervision and the organization or agency. The department shall ensure that the parolee or the person on community 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 community supervision with the community service order.

AB351, s. 121 Section 121. 304.062 (2) of the statutes is amended to read:

AB351,48,9 304.062 (2) Any organization or agency acting in good faith to which a parolee or person on community 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 community supervision. The department has immunity from any civil liability for acts or omissions by or impacting on the parolee or person on community supervision regarding the assignment under this section.

AB351, s. 122 Section 122. 304.063 (title) of the statutes is amended to read:

AB351,48,12 304.063 (title) Notification prior to release on community supervision or parole.

AB351, s. 123 Section 123. 304.063 (2) (intro.) of the statutes is amended to read:

AB351,48,19 304.063 (2) (intro.) Before a prisoner is released on parole under s. 302.11, 304.02 or 304.06 or on community 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 effort 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, s. 124 Section 124. 304.063 (3) of the statutes is amended to read:

AB351,48,23 304.063 (3) The department shall make a reasonable effort to send the notice, postmarked at least 7 days before a prisoner is released on parole or community supervision, to the last-known address of the persons under sub. (2).

AB351, s. 125 Section 125. 304.071 (2) of the statutes is amended to read:

AB351,49,3 304.071 (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, s. 126 Section 126. 304.072 (title) of the statutes is amended to read:

AB351,49,6 304.072 (title) Period of probation, community supervision or parole tolled.

AB351, s. 127 Section 127. 304.072 (1) of the statutes is amended to read:

AB351,49,17 304.072 (1) If the department of corrections in the case of a parolee or, probationer or person on community 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 community 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 community supervision spent confined in connection with the violation.

AB351, s. 128 Section 128. 304.072 (2) of the statutes is amended to read:

AB351,49,23 304.072 (2) If a parolee or, probationer or person on community 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, community supervision or parole period.