AB1, s. 234
3Section
234. 304.063 (title) of the statutes is amended to read:
AB1,78,5
4304.063 (title)
Notification prior to release on extended supervision or
5parole.
AB1, s. 235
6Section
235. 304.063 (2) (intro.) of the statutes is amended to read:
AB1,78,127
304.063
(2) (intro.) Before a prisoner is released on parole under s. 302.11,
8304.02 or 304.06
or on extended supervision under s. 302.113 or 302.114, if
9applicable, for a violation of s. 940.01, 940.03, 940.05, 940.225 (1) or (2), 948.02 (1)
10or (2), 948.025, 948.06 or 948.07, the department shall make a reasonable effort to
11notify all of the following persons, if they can be found, in accordance with sub. (3)
12and after receiving a completed card under sub. (4):
AB1, s. 236
13Section
236. 304.063 (3) of the statutes is amended to read:
AB1,78,1614
304.063
(3) The department shall make a reasonable effort to send the notice,
15postmarked at least 7 days before a prisoner is released on parole
or extended
16supervision, to the last-known address of the persons under sub. (2).
AB1, s. 237
17Section
237. 304.071 (2) of the statutes is amended to read:
AB1,78,2018
304.071
(2) If a prisoner is not eligible for parole under s. 939.62 (2m), 961.49
19(2),
973.01 (6), 973.014 (1) (c)
or (1g) or 973.032 (5), he or she is not eligible for parole
20under this section.
AB1, s. 238
21Section
238. 304.072 (title) of the statutes is amended to read:
AB1,78,23
22304.072 (title)
Period of probation, extended supervision or parole
23tolled.
AB1, s. 239
24Section
239. 304.072 (1) of the statutes is amended to read:
AB1,79,9
1304.072
(1) If the department of corrections in the case of a parolee
or, 2probationer
or person on extended supervision who is reinstated or waives a hearing
3or the division of hearings and appeals in the department of administration in the
4case of a hearing determines that a parolee
or, probationer
or person on extended
5supervision has violated the terms of his or her supervision, the department or
6division may toll all or any part of the period of time between the date of the violation
7and the date an order of revocation or reinstatement is entered, subject to credit
8according to the terms of s. 973.155 for any time the parolee
or, probationer
or person
9on extended supervision spent confined in connection with the violation.
AB1, s. 240
10Section
240. 304.072 (2) of the statutes is amended to read:
AB1,79,1511
304.072
(2) If a parolee
or, probationer
or person on extended supervision is
12alleged to have violated the terms of his or her supervision but the department or
13division determines that the alleged violation was not proven, the period between the
14alleged violation and the determination shall be treated as service of the
15probationary
, extended supervision or parole period.
AB1, s. 241
16Section
241. 304.072 (3) of the statutes is amended to read:
AB1,79,2117
304.072
(3) Except as provided in s. 973.09 (3) (b), the department preserves
18jurisdiction over a probationer
or, parolee
or person on extended supervision if it
19commences an investigation, issues a violation report or issues an apprehension
20request concerning an alleged violation prior to the expiration of the probationer's
21or, parolee's
or person's term of supervision.
AB1, s. 242
22Section
242. 304.072 (4) of the statutes is amended to read:
AB1,80,223
304.072
(4) The sentence of a revoked parolee
or person on extended
24supervision resumes running on the day he or she is received at a correctional
25institution subject to sentence credit for the period of custody in a jail, correctional
1institution or any other detention facility pending revocation according to the terms
2of s. 973.155.
AB1,80,115
304.073
(2) Beginning on January 1, 1996, the department shall charge a fee
6to any probationer
or, parolee
or person on extended supervision who is under
7minimum or administrative supervision and is supervised by the department. The
8fee does not apply if the person is supervised by a vendor under s. 301.08 (1) (c). The
9department shall set the fee sufficient to cover the cost of supervision. The
10department shall collect moneys for the fee charged under this subsection and credit
11those moneys to the appropriation account under s. 20.410 (1) (ge).
AB1,80,2114
304.073
(2m) (a) If a probationer
or, parolee
or person on extended supervision 15who owes unpaid fees to the department under sub. (2) is discharged from probation
16or from his or her sentence before the department collects the unpaid fees, the
17department shall, at the time of discharge, issue a notice to the probationer
or, 18parolee
or person on extended supervision that states that he or she owes unpaid fees
19under sub. (2) and that he or she is responsible for the payment of the unpaid fees.
20The notice under this paragraph shall be issued with the certificate of discharge
21required under s. 304.078 or 973.09 (5).
AB1,81,224
304.073
(4) The department may decide not to charge a fee under sub. (2) to
25any probationer
or, parolee
or person on extended supervision if the probationer
or
,
1parolee
or person on extended supervision demonstrates that he or she is unable to
2pay the fee because of any of the following:
AB1,81,43
(a) The probationer
or, parolee
or person on extended supervision is undergoing
4treatment approved by the department and is unable to work.
AB1,81,85
(b) The probationer
or, parolee
or person on extended supervision has a
6statement from a physician certifying to the department that the probationer
or, 7parolee
or person on extended supervision should be excused from working for
8medical reasons.
AB1, s. 246
9Section
246. 304.074 (title) of the statutes is amended to read:
AB1,81,11
10304.074 (title)
Reimbursement fee for persons on probation and,
11parole, and extended supervision.
AB1, s. 247
12Section
247. 304.074 (2) of the statutes is amended to read:
AB1,81,2213
304.074
(2) Beginning on January 1, 1996, the department shall charge a fee
14to probationers
and, parolees
and persons on extended supervision to partially
15reimburse the department for the costs of providing supervision and services. The
16department shall set varying rates for probationers
and
, parolees
or persons on
17extended supervision based on ability to pay and with the goal of receiving at least
18$1 per day, if appropriate, from each probationer
and
, parolee
and person on
19extended supervision. The department shall not charge a fee while the probationer
20or, parolee
or person on extended supervision is exempt under sub. (3). The
21department shall collect moneys for the fees charged under this subsection and credit
22those moneys to the appropriation account under s. 20.410 (1) (gf).
AB1, s. 248
23Section
248. 304.074 (3) (intro.) of the statutes is amended to read:
AB1,82,3
1304.074
(3) (intro.) The department may decide not to charge a fee under sub.
2(2) to any probationer
or, parolee
or person on extended supervision while he or she
3meets any of the following conditions:
AB1, s. 249
4Section
249. 304.074 (3) (d) of the statutes is amended to read:
AB1,82,75
304.074
(3) (d) Has a statement from a physician certifying to the department
6that the probationer
or, parolee
or person on extended supervision should be excused
7from working for medical reasons.
AB1, s. 250
8Section
250. 304.074 (4) of the statutes is amended to read:
AB1,82,119
304.074
(4) The fee under sub. (2) does not apply to any probationer
or, parolee
10or person on extended supervision who is under minimum or administrative
11supervision.
AB1,82,2114
304.074
(4m) (a) If a probationer
or, parolee
or person on extended supervision 15who owes unpaid fees to the department under sub. (2) is discharged from probation
16or from his or her sentence before the department collects the unpaid fees, the
17department shall, at the time of discharge, issue a notice to the probationer
or, 18parolee
or person on extended supervision that states that he or she owes unpaid fees
19under sub. (2) and that he or she is responsible for the payment of the unpaid fees.
20The notice under this paragraph shall be issued with the certificate of discharge
21required under s. 304.078 or 973.09 (5).
AB1, s. 252
22Section
252. 304.075 of the statutes is amended to read:
AB1,83,9
23304.075 (title)
Probationer and parolee loan Loan fund for
24probationers, parolees and persons on extended supervision. The
25department shall create a revolving fund out of any moneys in its hands belonging
1to probationers
and, parolees
or persons on extended supervision who absconded, or
2whose whereabouts are unknown. The fund shall be used to defray the expenses of
3clothing, transportation, maintenance and other necessities for probationers
and, 4parolees
and persons on extended supervision who are without means to secure those
5necessities. All payments made from the fund shall be repaid by probationers
or, 6parolees
or persons on extended supervision for whose benefit they are made
7whenever possible; and any moneys belonging to them so paid into the revolving fund
8shall be repaid to them in accordance with law, in case a claim therefor is filed with
9the department upon showing the legal right of the claimant to such money.
AB1, s. 253
10Section
253. 304.13 (1) (intro.) of the statutes is amended to read:
AB1,83,1511
304.13
(1) (intro.) That it shall be competent for the duly constituted judicial
12and administrative authorities of a sending state to permit any person convicted of
13an offense within the sending state and placed on probation or released on
extended
14supervision or parole to reside in any receiving state while on probation
, extended
15supervision or parole, if:
AB1, s. 254
16Section
254. 304.13 (2) of the statutes is amended to read:
AB1,83,2117
304.13
(2) That each receiving state will assume the duties of visitation of and
18supervision over probationers
, persons on extended supervision or parolees of any
19sending state and in the exercise of those duties will be governed by the same
20standards that prevail for its own probationers
, persons on extended supervision and
21parolees.
AB1, s. 255
22Section
255. 304.13 (3) of the statutes is amended to read:
AB1,84,1123
304.13
(3) That the duly accredited officers of a sending state may at all times
24enter a receiving state and there apprehend and retake any person on probation
,
25extended supervision or parole. For that purpose no formalities will be required
1other than establishing the authority of the officer and the identity of the person to
2be retaken. All legal requirements to obtain extradition of fugitives from justice are
3expressly waived on the part of states party hereto, as to such persons. The decision
4of the sending state to retake a person on probation
, extended supervision or parole
5shall be conclusive upon and not reviewable within the receiving state; provided,
6however, that if at the time when a state seeks to retake a probationer
, person on
7extended supervision or parolee there should be pending against that person within
8the receiving state any criminal charge, or that person should be suspected of having
9committed within such state a criminal offense, that person shall not be retaken
10without the consent of the receiving state until discharged from prosecution or from
11imprisonment for such offense.
AB1, s. 256
12Section
256. 304.13 (7) of the statutes is amended to read:
AB1,84,1913
304.13
(7) That this compact shall continue in force and remain binding upon
14such ratifying state until renounced by it. The duties and obligations hereunder of
15a renouncing state shall continue as to parolees
, persons on extended supervision or
16probationers residing therein at the time of withdrawal or until finally discharged
17by the sending state. Renunciation of this compact shall be by the same authority
18which ratified it, by sending 6 months' notice in writing of its intention to withdraw
19the compact to the other states party thereto.
AB1, s. 257
20Section
257. 304.13 (8) (b) of the statutes is amended to read:
AB1,84,2321
304.13
(8) (b) "Sending state" means a party to this compact permitting its
22probationers
, persons on extended supervision and parolees to reside in a receiving
23state.
AB1, s. 258
24Section
258. 304.135 of the statutes is amended to read:
AB1,85,17
1304.135 (title)
Out-of-state parolee supervision of parolees and
2persons on extended supervision without compact. The department may
3permit any person convicted of an offense within this state and placed on probation
4or released on
extended supervision or parole to reside in any other state not a party
5to the compact authorized by s. 304.13 whenever the authorities of the receiving state
6agree to assume the duties of visitation of and supervision over the probationer
,
7person on extended supervision or parolee, governed by the same standards that
8prevail for its own probationers
, persons on extended supervision and parolees, on
9the same terms as are provided in s. 304.13 (1) and (2) in the case of states signatory
10to the compact. Before permitting any probationer
, person on extended supervision 11or parolee to leave this state under this section, the department shall obtain from him
12or her a signed agreement to return to this state upon demand of the department and
13an irrevocable waiver of all procedure incidental to extradition. The department
14may, in like manner, receive for supervision probationers
, persons on extended
15supervision and parolees convicted in states not signatory to the compact, and shall
16have the same custody and control of those persons as it has over probationers
,
17persons on extended supervision and parolees of this state.
AB1, s. 259
18Section
259. 304.137 of the statutes is amended to read:
AB1,86,3
19304.137 Determination concerning submission of human biological
20specimen. If the department accepts supervision of a probationer
, person on
21extended supervision or parolee from another state under s. 304.13 or 304.135, the
22department shall determine whether the violation of law for which the person is on
23probation
, extended supervision or parole is comparable to a violation of s. 940.225
24(1) or (2), 948.02 (1) or (2) or 948.025. If the department determines that a person
25on probation
, extended supervision or parole from another state violated a law that
1is comparable to a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025, the
2department shall direct the probationer
, person on extended supervision or parolee
3to provide a biological specimen under s. 165.76.
AB1, s. 260
4Section
260. 304.14 of the statutes is amended to read:
AB1,86,13
5304.14 (title)
Cooperative return of parole
, extended supervision and
6probation violators. The secretary may deputize any person regularly employed
7by another state to act as an officer and agent of this state in effecting the return of
8any person who has violated the terms and conditions of parole
, extended
9supervision or probation as granted by this state. In any matter relating to the
10return of such person, any agent so deputized shall have all the powers of a police
11officer of this state. Any deputization pursuant to this section shall be in writing and
12any person authorized to act as an agent under this section shall carry formal
13evidence of the deputization and shall produce the same upon demand.
AB1, s. 261
14Section
261. 341.605 (3) of the statutes is amended to read:
AB1,86,1615
341.605
(3) Whoever violates sub. (1) or (2) may be fined not more than $5,000
16or imprisoned for not more than
5 7 years
and 6 months, or both, for each violation.
AB1, s. 262
17Section
262. 342.06 (2) of the statutes is amended to read:
AB1,86,2018
342.06
(2) Any person who knowingly makes a false statement in an
19application for a certificate of title may be fined not more than $5,000 or imprisoned
20not more than
5 7 years
and 6 months or both.
AB1, s. 263
21Section
263. 342.065 (4) (b) of the statutes is amended to read:
AB1,86,2422
342.065
(4) (b) Any person who violates sub. (1) with intent to defraud may be
23fined not more than $5,000 or imprisoned for not more than
5 7 years
and 6 months 24or both.
AB1, s. 264
25Section
264. 342.155 (4) (b) of the statutes is amended to read:
AB1,87,3
1342.155
(4) (b) Any person who violates this section with intent to defraud may
2be fined not more than $5,000 or imprisoned for not more than
5 7 years
and 6 months 3or both.
AB1, s. 265
4Section
265. 342.156 (6) (b) of the statutes is amended to read:
AB1,87,75
342.156
(6) (b) Any person who violates this section with intent to defraud may
6be fined not more than $5,000 or imprisoned for not more than
5 7 years
and 6 months 7or both.
AB1,87,1110
342.30
(3) (a) Any person who violates sub. (1g) may be fined not more than
11$5,000 or imprisoned for not more than
5 7 years
and 6 months or both.
AB1, s. 267
12Section
267. 342.32 (3) of the statutes is amended to read:
AB1,87,1413
342.32
(3) Whoever violates sub. (1) or (2) may be fined not more than $5,000
14or imprisoned for not more than
5 7 years
and 6 months, or both, for each violation.
AB1, s. 268
15Section
268. 343.06 (1) (i) of the statutes is amended to read:
AB1,88,316
343.06
(1) (i) To any person who has been convicted of any offense specified
17under ss. 940.225, 948.02, 948.025 and 948.07 or adjudged delinquent under ch. 938
18for a like or similar offense, when the sentencing court makes a finding that issuance
19of a license will be inimical to the public safety and welfare. The prohibition against
20issuance of a license to the offenders shall apply immediately upon receipt of a record
21of the conviction and the court finding by the secretary, for a period of one year or
22until discharge from any jail or prison sentence or any period of probation
, extended
23supervision or parole with respect to the offenses specified, whichever date is the
24later. Receipt by the offender of a certificate of discharge from the department of
25corrections or other responsible supervising agency, after one year has elapsed since
1the prohibition began, entitles the holder to apply for an operator's license. The
2applicant may be required to present the certificate of discharge to the secretary if
3the latter deems it necessary.
AB1, s. 269
4Section
269. 343.30 (2d) of the statutes is amended to read:
AB1,88,145
343.30
(2d) A court may suspend or revoke a person's operating privilege upon
6conviction of any offense specified under ss. 940.225, 948.02, 948.025 and 948.07, if
7the court finds that it is inimical to the public safety and welfare for the offender to
8have operating privileges. The suspension or revocation shall be for one year or until
9discharge from prison or jail sentence or probation
, extended supervision or parole
10with respect to the offenses specified, whichever date is later. Receipt of a certificate
11of discharge from the department of corrections or other responsible supervising
12agency, after one year has elapsed since the suspension or revocation, entitles the
13holder to reinstatement of operating privileges. The holder may be required to
14present the certificate to the secretary if the secretary deems necessary.
AB1, s. 270
15Section
270. 344.48 (2) of the statutes is amended to read:
AB1,88,1716
344.48
(2) Any person violating this section may be fined not more than $1,000
17or imprisoned
for not more than
one year 2 years or both.
AB1,88,2220
346.17
(3) (a) Except as provided in par. (b), (c) or (d), any person violating s.
21346.04 (3) shall be fined not less than $600 nor more than $10,000 and may be
22imprisoned for not more than
2 3 years.
AB1,89,4
1346.17
(3) (b) If the violation results in bodily harm, as defined in s. 939.22 (4),
2to another, or causes damage to the property of another, as defined in s. 939.22 (28),
3the person shall be fined not less than $1,000 nor more than $10,000 and may be
4imprisoned for not more than
2 3 years.
AB1,89,97
346.17
(3) (c) If the violation results in great bodily harm, as defined in s. 939.22
8(14), to another, the person shall be fined not less than $1,100 nor more than $10,000
9and may be imprisoned for not more than
2 3 years.
AB1,89,1412
346.17
(3) (d) If the violation results in the death of another, the person shall
13be fined not less than $1,100 nor more than $10,000 and may be imprisoned for not
14more than
5 7 years
and 6 months.
AB1, s. 275
15Section
275. 346.65 (5) of the statutes is amended to read:
AB1,89,1816
346.65
(5) Except as provided in sub. (5m), any person violating s. 346.62 (4)
17shall be fined not less than $600 nor more than $2,000 and may be imprisoned for
18not less than 90 days nor more than
18 2 years and 3 months.
AB1, s. 276
19Section
276. 346.74 (5) (b) of the statutes is amended to read:
AB1,89,2220
346.74
(5) (b) Shall be fined not less than $300 nor more than $5,000 or
21imprisoned not less than 10 days nor more than
one year 2 years or both if the
22accident involved injury to a person but the person did not suffer great bodily harm.
AB1, s. 277
23Section
277. 346.74 (5) (c) of the statutes is amended to read: