AB1, s. 149
11Section
149. 299.53 (4) (c) 2. of the statutes is amended to read:
AB1,47,1612
299.53
(4) (c) 2. Any person who intentionally makes any false statement or
13representation in complying with sub. (2) (a) shall be fined not more than $25,000
14or imprisoned for not more than one year in the county jail or both. For a 2nd or
15subsequent violation, the person shall be fined not more than $50,000 or imprisoned
16for not more than
2 3 years or both.
AB1, s. 150
17Section
150. 301.03 (2r) of the statutes is amended to read:
AB1,47,1918
301.03
(2r) Conduct drug testing of prospective parolees
or persons to be placed
19on extended supervision who have undergone treatment while in state prison.
AB1, s. 151
20Section
151. 301.03 (3) of the statutes is amended to read:
AB1,48,521
301.03
(3) Administer parole
, extended supervision and probation matters,
22except that the decision to grant or deny parole to inmates shall be made by the parole
23commission and the decision to revoke probation
, extended supervision or parole in
24cases in which there is no waiver of the right to a hearing shall be made by the
25division of hearings and appeals in the department of administration. The secretary
1may grant special action parole releases under s. 304.02. The department shall
2promulgate rules establishing a drug testing program for probationers
and, parolees
3and persons placed on extended supervision. The rules shall provide for assessment
4of fees upon probationers
and, parolees
and persons placed on extended supervision 5to partially offset the costs of the program.
AB1, s. 152
6Section
152. 301.03 (3g) of the statutes is amended to read:
AB1,48,87
301.03
(3g) Provide treatment for alcoholics and intoxicated persons on parole
8or extended supervision.
AB1,48,1311
301.03
(13) Annually notify each person who has been discharged from
12probation
, extended supervision or parole and who owed any supervision fees at the
13time of discharge of any supervision fees owed by the person to the department.
AB1, s. 154
14Section
154. 301.03 (14) of the statutes is created to read:
AB1,48,1815
301.03
(14) On or before August 1 of each even-numbered year, provide to the
16department of health and family services an estimate of the total proposed budget
17that the department of corrections will submit in its biennial budget request under
18s. 16.42.
AB1, s. 155
19Section
155. 301.046 (3) (intro.) of the statutes is amended to read:
AB1,48,2320
301.046
(3) Eligibility. (intro.) The department shall determine those
21prisoners who are confined under sub. (1). Except as provided in
sub. subs. (3m)
and
22(3t), a prisoner is eligible for this confinement only under all of the following
23conditions:
AB1, s. 156
24Section
156. 301.046 (3t) of the statutes is created to read:
AB1,49,4
1301.046
(3t) Persons serving bifurcated sentence; restricted eligibility. A
2prisoner serving a bifurcated sentence imposed under s. 973.01 is not eligible for
3confinement under sub. (1) during the term of confinement in prison portion of the
4bifurcated sentence.
AB1, s. 157
5Section
157. 301.048 (1) (a) of the statutes is amended to read:
AB1,49,86
301.048
(1) (a) Punishment that is less costly than ordinary imprisonment and
7more restrictive than ordinary probation or parole supervision
or extended
8supervision.
AB1, s. 158
9Section
158. 301.048 (2) (b) of the statutes is amended to read:
AB1,49,1310
301.048
(2) (b) He or she is a prisoner serving a felony sentence not punishable
11by life imprisonment and the department directs him or her to participate in the
12program.
This paragraph does not apply to a prisoner serving a bifurcated sentence
13imposed under s. 973.01.
AB1, s. 159
14Section
159. 301.048 (2) (cm) of the statutes is created to read:
AB1,49,1715
301.048
(2) (cm) A court or the department requires his or her participation in
16the program as a condition of extended supervision under s. 302.113 (7) or 302.114
17(5) (d) or (8) or 973.01 (5).
AB1, s. 160
18Section
160. 301.048 (2) (d) of the statutes is amended to read:
AB1,49,2119
301.048
(2) (d) The department and the person agree to his or her participation
20in the program as an alternative to revocation of probation
, extended supervision or
21parole.
AB1, s. 161
22Section
161. 301.048 (2m) of the statutes is created to read:
AB1,50,223
301.048
(2m) Persons serving bifurcated sentence; restricted eligibility. 24A prisoner serving a bifurcated sentence imposed under s. 973.01 is not eligible for
1the intensive sanctions program during the term of confinement in prison portion of
2the bifurcated sentence.
AB1, s. 162
3Section
162. 301.048 (4) (a) of the statutes is amended to read:
AB1,50,124
301.048
(4) (a) A participant is in the custody and under the control of the
5department, subject to its rules and discipline. A participant entering the program
6under sub. (2) (a) or (b) is a prisoner. A participant entering the program under sub.
7(2) (c) is a prisoner, except that he or she is a parolee for purposes of revocation.
A
8participant entering the program under sub. (2) (cm) is a prisoner, except that he or
9she remains a person on extended supervision for purposes of revocation. A
10participant entering the program under sub. (2) (d) is a prisoner, except that he or
11she remains a probationer
or, parolee
or person on extended supervision, whichever
12is applicable, for purposes of revocation.
AB1, s. 163
13Section
163. 301.048 (4) (am) of the statutes is amended to read:
AB1,50,2214
301.048
(4) (am) A participant who is a parolee for purposes of revocation is
15subject to revocation for violation of any condition of parole or any rule or condition
16applicable because he or she is a program participant.
A participant who is a person
17on extended supervision for purposes of revocation is subject to revocation for
18violation of any condition of extended supervision or any rule or condition applicable
19because he or she is a program participant. A participant who is a probationer for
20purposes of revocation is subject to revocation for violation of any condition of
21probation or any rule or condition applicable because he or she is a program
22participant.
AB1, s. 164
23Section
164. 301.048 (4m) (b) (intro.) of the statutes is amended to read:
AB1,51,424
301.048
(4m) (b) (intro.) As soon as possible after a prisoner, probationer
or, 25parolee
or person on extended supervision who has violated s. 940.03, 940.05,
1940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06 or 948.07 enters the intensive
2sanctions program, the department shall make a reasonable effort to notify all of the
3following persons, if they can be found, in accordance with par. (c) and after receiving
4a completed card under par. (d):
AB1, s. 165
5Section
165. 301.048 (4m) (b) 1. of the statutes is amended to read:
AB1,51,96
301.048
(4m) (b) 1. The victim of the crime committed by the prisoner,
7probationer
or, parolee
or person on extended supervision or, if the victim died as a
8result of the crime, an adult member of the victim's family or, if the victim is younger
9than 18 years old, the victim's parent or legal guardian.
AB1, s. 166
10Section
166. 301.048 (4m) (b) 2. of the statutes is amended to read:
AB1,51,1311
301.048
(4m) (b) 2. Any witness who testified against the prisoner, probationer
12or, parolee
or person on extended supervision in any court proceeding involving the
13offense.
AB1, s. 167
14Section
167. 301.048 (6) of the statutes is renumbered 301.048 (6) (a) and
15amended to read:
AB1,51,1816
301.048
(6) (a)
The
Except as provided in par. (b), the department may
17discharge a participant from participation in the program and from departmental
18custody and control at any time.
AB1, s. 168
19Section
168. 301.048 (6) (b) of the statutes is created to read:
AB1,51,2320
301.048
(6) (b) The department may discharge a participant who is on extended
21supervision under s. 302.113 from participation in the program at any time, but the
22person remains under departmental supervision under the terms of the person's
23bifurcated sentence imposed under s. 973.01 until the end of that sentence.
AB1, s. 169
24Section
169. 301.049 (2) (a) 2. of the statutes is amended to read:
AB1,52,3
1301.049
(2) (a) 2. On probation
, extended supervision or parole and who, if
2approved by the department under par. (b), would participate in the program as an
3alternative to revocation of probation
, extended supervision or parole.
AB1, s. 170
4Section
170. 301.049 (3) (e) of the statutes is amended to read:
AB1,52,65
301.049
(3) (e) Prepare each mother to be able to live in a safe, lawful and stable
6manner in the community upon parole
, extended supervision or discharge.
AB1,52,129
301.08
(1) (c) 2. Beginning on January 1, 1996, the department may contract
10with public, private or voluntary vendors for the supervision or for any component
11of the supervision of probationers
and, parolees
and persons on extended supervision 12who are under minimum supervision or administrative supervision.
AB1,52,1613
3. Except as provided in subd. 3m., a contract under subd. 2. shall authorize
14a vendor to charge a fee to probationers
and, parolees
and persons on extended
15supervision sufficient to cover the cost of supervision and administration of the
16contract.
AB1,52,2117
3m. A contract under subd. 2. shall permit the department to prohibit a vendor
18from charging a fee to a probationer
or, parolee
or person on extended supervision 19who is supervised under the contract if the probationer
or
, parolee
or person on
20extended supervision demonstrates that he or she is unable to pay the fee because
21of any of the following:
AB1,52,2322
a. The probationer
or, parolee
or person on extended supervision is undergoing
23treatment approved by the department and is unable to work.
AB1,53,224
b. The probationer
or, parolee
or person on extended supervision has a
25statement from a physician certifying to the department that the probationer
or,
1parolee
or person on extended supervision should be excused from working for
2medical reasons.
AB1,53,73
5. The department shall promulgate rules for fees, collections, reporting and
4verification regarding probationers
and, parolees
and persons on extended
5supervision supervised by a vendor who contracts with the department under subd.
62. and shall promulgate rules defining "administrative supervision" and "minimum
7supervision".
AB1,53,1210
301.08
(3) (b) (intro.) Before contracting under this section for transitional
11housing for the temporary placement of persons on parole
, extended supervision or
12probation, the department shall notify all of the following of the proposed contract:
AB1, s. 173
13Section
173. 301.132 (2) of the statutes is amended to read:
AB1,53,1714
301.132
(2) The department may require, as a condition of probation
or, parole
15or extended supervision, that a probationer
or, parolee
or person on extended
16supervision who is a sex offender submit to a lie detector test when directed to do so
17by the department.
AB1, s. 174
18Section
174. 301.132 (3) of the statutes is amended to read:
AB1,53,2319
301.132
(3) The department shall promulgate rules establishing a lie detector
20test program for probationers
and, parolees
and persons on extended supervision 21who are sex offenders. The rules shall provide for assessment of fees upon
22probationers
and, parolees
and persons on extended supervision to partially offset
23the costs of the program.
AB1,54,2
1301.21
(1m) (a) 8. Provisions concerning procedures for probation, parole
,
2extended supervision and discharge.
AB1,54,65
301.21
(2m) (a) 6. Provisions concerning procedures for probation, parole
,
6extended supervision and discharge.
AB1, s. 177
7Section
177. 301.32 (3) (a) of the statutes is amended to read:
AB1,54,138
301.32
(3) (a) All money or other property paid or delivered to a probation
,
9extended supervision and parole agent or other employe of the department by or for
10the benefit of any person on probation
, extended supervision or parole shall be
11immediately transmitted to the department and it shall enter the same upon its
12books to his or her credit. The property shall be used only under the direction of the
13department.
AB1, s. 178
14Section
178. 301.32 (3) (b) of the statutes is amended to read:
AB1,54,1815
301.32
(3) (b) If the person on probation
, extended supervision or parole
16absconds, the money shall be credited to the revolving fund created by s. 304.075; and
17other property if not called for within one year shall be sold by the department and
18the proceeds shall be credited to the fund.
AB1, s. 179
19Section
179. 301.35 (2) (bm) of the statutes is created to read:
AB1,54,2020
301.35
(2) (bm) A person on extended supervision.
AB1, s. 180
21Section
180. 301.38 (1) (am) of the statutes is amended to read:
AB1,54,2522
301.38
(1) (am) "Prisoner" has the meaning given in s. 301.01 (2), but does not
23include any person in the intensive sanctions program under s. 301.048 or any person
24who is imprisoned as an alternative to the revocation of probation
, extended
25supervision or parole.
AB1,55,93
301.45
(1) (b) Is in prison, a secured correctional facility, as defined in s. 938.02
4(15m), or a secured child caring institution, as defined in s. 938.02 (15g), or on
5probation,
extended supervision, parole, supervision or aftercare supervision on or
6after December 25, 1993, for any violation,
or for the solicitation, conspiracy or
7attempt to commit any violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02
8(1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30, or of s.
9940.30 or 940.31 if the victim was a minor and the person was not the victim's parent.
AB1,55,1912
301.45
(1) (bm) Is in prison, a secured correctional facility, as defined in s.
13938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or
14on probation,
extended supervision, parole, supervision or aftercare supervision on
15or after December 25, 1993, for a violation, or for the solicitation, conspiracy or
16attempt to commit a violation, of a law of this state that is comparable to s. 940.22
17(2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06,
18948.07, 948.08, 948.11 or 948.30 or that is comparable to a violation of s. 940.30 or
19940.31 if the victim was a minor and the person was not the victim's parent.
AB1,56,322
301.45
(1) (dh) Is on parole
, extended supervision or probation in this state
23from another state under s. 304.13 or 304.135 on or after December 25, 1993, for a
24violation, or for the solicitation, conspiracy or attempt to commit a violation, of the
25law of another state that is comparable to a violation of s. 940.22 (2), 940.225 (1), (2)
1or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08,
2948.11 or 948.30 or that is comparable to a violation of s. 940.30 or 940.31 if the victim
3was a minor and the person was not the victim's parent.
AB1,56,86
301.45
(2) (a) 4. b. The date the person was or is to be released from
7confinement, whether on parole
, extended supervision or otherwise, or discharged
8or terminated from a sentence or commitment.
AB1,56,1311
301.45
(2) (e) 1. Within 10 days after the person being placed on parole,
12extended supervision, probation, supervision, aftercare supervision, conditional
13release or supervised release.
AB1,56,1816
301.45
(2) (e) 2. If the person is on parole
, extended supervision or probation
17from another state under s. 304.13 or 304.135, within 10 days after the person enters
18this state.
AB1,56,2321
301.45
(3) (a) 1m. If the person is on parole
, extended supervision or probation
22from another state under s. 304.13 or 304.135, he or she is subject to this subsection
23upon entering this state.
AB1,57,4
1301.45
(3) (a) 2. If the person has been sentenced to prison or placed in a secured
2correctional facility or a secured child caring institution, he or she is subject to this
3subsection upon being released on parole
, extended supervision or aftercare
4supervision.
AB1,57,157
301.45
(3) (b) 2. The department shall notify a person who is being released
8from prison because he or she has reached the expiration date of his or her sentence
9and who is covered under sub. (1) of the need to comply with this section. Also,
10probation
, extended supervision and parole agents, aftercare agents and agencies
11providing supervision shall notify any client who is covered under sub. (1) of the need
12to comply with this section at the time the client is placed on probation,
extended
13supervision, parole, supervision or aftercare supervision or, if the client is on
14probation
, extended supervision or parole from another state under s. 304.13 or
15304.135, when the client enters this state.
AB1,57,2118
301.45
(3) (b) 4. Failure to receive notice under this paragraph from the
19department of health and family services, the department of corrections, a probation
,
20extended supervision and parole agent, an aftercare agent or an agency providing
21supervision is not a defense to liability under sub. (6).