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).
AB1,58,3
1301.45
(5) (a) 1m. If the person is on parole
, extended supervision or probation
2from another state under s. 304.13 or 304.135, 15 years after discharge from that
3parole
, extended supervision or probation.
AB1,58,86
301.46
(2) (b) 4. b. The date the person was released from confinement, whether
7on parole
, extended supervision or otherwise, or discharged or terminated from a
8sentence or commitment.
AB1, s. 193
9Section
193. 302.045 (1) of the statutes is amended to read:
AB1,58,1810
302.045
(1) Program. The department shall provide a challenge incarceration
11program for inmates selected to participate under sub. (2). The program shall
12provide participants with strenuous physical exercise, manual labor, personal
13development counseling, substance abuse treatment and education, military drill
14and ceremony and counseling in preparation for release on parole
or extended
15supervision. The department shall design the program to include not less than 50
16participants at a time and so that a participant may complete the program in not
17more than 180 days. The department may restrict participant privileges as
18necessary to maintain discipline.
AB1, s. 194
19Section
194. 302.045 (2) (cm) of the statutes is created to read:
AB1,58,2220
302.045
(2) (cm) If the inmate is serving a bifurcated sentence imposed under
21s. 973.01, the sentencing court decided under s. 973.01 (3m) that the inmate is
22eligible for the challenge incarceration program.
AB1, s. 195
23Section
195. 302.045 (3) of the statutes is amended to read:
AB1,59,524
302.045
(3) Parole eligibility. Except as provided in sub. (4), if the department
25determines that an inmate has successfully completed the challenge incarceration
1program, the parole commission shall parole the inmate under s. 304.06, regardless
2of the time the inmate has served
, unless the person is serving a sentence imposed
3under s. 973.01. When the parole commission grants parole under this subsection,
4it must require the parolee to participate in an intensive supervision program for
5drug abusers as a condition of parole.
AB1, s. 196
6Section
196. 302.045 (3m) of the statutes is created to read:
AB1,59,117
302.045
(3m) Release to extended supervision. (a) Except as provided in sub.
8(4), if the department determines that an inmate serving the term of confinement in
9prison portion of a bifurcated sentence imposed under s. 973.01 has successfully
10completed the challenge incarceration program, the department shall inform the
11court that sentenced the inmate.
AB1,59,1512
(b) Upon being informed by the department under par. (a) that an inmate whom
13the court sentenced under s. 973.01 has successfully completed the challenge
14incarceration program, the court shall modify the inmate's bifurcated sentence as
15follows:
AB1,59,1916
1. The court shall reduce the term of confinement in prison portion of the
17inmate's bifurcated sentence in a manner that provides for the release of the inmate
18to extended supervision within 30 days of the date on which the court receives the
19information from the department under par. (a).
AB1,59,2120
2. The court shall lengthen the term of extended supervision imposed so that
21the total length of the bifurcated sentence originally imposed does not change.
AB1,59,2322
(c) The court may not increase the total length of the bifurcated sentence when
23modifying a bifurcated sentence under par. (b).
AB1, s. 197
24Section
197. 302.045 (4) of the statutes is amended to read:
AB1,60,3
1302.045
(4) Intensive sanctions program participants. The department may
2place any intensive sanctions program participant in the challenge incarceration
3program. The participant is not subject to subs. (2)
and
, (3)
and (3m).
AB1, s. 198
4Section
198. 302.095 (2) of the statutes is amended to read:
AB1,60,155
302.095
(2) Any officer or other person who delivers or procures to be delivered
6or has in his or her possession with intent to deliver to any inmate confined in a jail
7or state prison, or who deposits or conceals in or about a jail or prison, or the precincts
8of a jail or prison, or in any vehicle going into the premises belonging to a jail or
9prison, any article or thing whatever, with intent that any inmate confined in the jail
10or prison shall obtain or receive the same, or who receives from any inmate any
11article or thing whatever with intent to convey the same out of a jail or prison,
12contrary to the rules or regulations and without the knowledge or permission of the
13sheriff or other keeper of the jail, in the case of a jail, or of the warden or
14superintendent of the prison, in the case of a prison, shall be imprisoned for not more
15than
2 3 years or fined not more than $500.
AB1, s. 199
16Section
199. 302.11 (1) of the statutes is amended to read:
AB1,60,2217
302.11
(1) The warden or superintendent shall keep a record of the conduct of
18each inmate, specifying each infraction of the rules. Except as provided in subs. (1g),
19(1m),
(1z), (7) and (10), each inmate is entitled to mandatory release on parole by the
20department. The mandatory release date is established at two-thirds of the
21sentence. Any calculations under this subsection or sub. (2) (b) resulting in fractions
22of a day shall be rounded in the inmate's favor to a whole day.
AB1, s. 200
23Section
200. 302.11 (1g) (am) of the statutes is amended to read:
AB1,61,3
1302.11
(1g) (am) The mandatory release date established in sub. (1) is a
2presumptive mandatory release date for an inmate who is serving a sentence for a
3serious felony committed on or after April 21, 1994
, but before July 1, 1999.
AB1, s. 201
4Section
201. 302.11 (1i) of the statutes is amended to read:
AB1,61,85
302.11
(1i) An Except as provided in sub. (1z), an inmate serving a sentence to
6the intensive sanctions program is entitled to mandatory release. The mandatory
7release date under sub. (1) is established at two-thirds of the sentence under s.
8973.032 (3) (a).
AB1, s. 202
9Section
202. 302.11 (1p) of the statutes is amended to read:
AB1,61,1210
302.11
(1p) An inmate serving a term subject to s. 961.49 (2)
for a crime
11committed before July 1, 1999, is entitled to mandatory release, except the inmate
12may not be released before he or she has complied with s. 961.49 (2).
AB1, s. 203
13Section
203. 302.11 (1z) of the statutes is created to read: