SB233, s. 45
5Section
45. 230.36 (3) (c) 3. of the statutes is amended to read:
SB233,21,76
230.36
(3) (c) 3. When injury is occasioned as the result of an act by a patient,
7inmate, probationer
or, parolee
or person on community supervision;
SB233, s. 46
8Section
46. 291.97 (2) (b) (intro.) of the statutes is amended to read:
SB233,21,119
291.97
(2) (b) (intro.) Any person who willfully does any of the following shall
10be fined not less than $1,000 nor more than $100,000 or imprisoned for not more than
115 7 years
and 6 months or both:
SB233, s. 47
12Section
47. 291.97 (2) (c) of the statutes is amended to read:
SB233,21,1513
291.97
(2) (c) 1. For a 2nd or subsequent violation under par. (a), a person shall
14be fined not less than $1,000 nor more than $50,000 or imprisoned for not more than
15one year in the Wisconsin state prisons 2 years or both.
SB233,21,1816
2. For a 2nd or subsequent violation under par. (b), a person shall be fined not
17less than $5,000 nor more than $150,000 or imprisoned for not more than
10 15 years
18or both.
SB233, s. 48
19Section
48. 301.03 (2r) of the statutes is amended to read:
SB233,21,2120
301.03
(2r) Conduct drug testing of prospective parolees
or persons to be placed
21on community supervision who have undergone treatment while in state prison.
SB233, s. 49
22Section
49. 301.03 (3) of the statutes is amended to read:
SB233,22,723
301.03
(3) Administer parole
, community supervision and probation matters,
24except that the decision to grant or deny parole to inmates shall be made by the parole
25commission and the decision to revoke probation
, community supervision or parole
1in cases in which there is no waiver of the right to a hearing shall be made by the
2division of hearings and appeals in the department of administration. The secretary
3may grant special action parole releases under s. 304.02. The department shall
4promulgate rules establishing a drug testing program for probationers
and, parolees
5and persons placed on community supervision. The rules shall provide for
6assessment of fees upon probationers
and, parolees
and persons placed on
7community supervision to partially offset the costs of the program.
SB233, s. 50
8Section
50. 301.03 (3g) of the statutes is amended to read:
SB233,22,109
301.03
(3g) Provide treatment for alcoholics and intoxicated persons on parole
10or community supervision.
SB233, s. 51
11Section
51. 301.048 (1) (a) of the statutes is amended to read:
SB233,22,1412
301.048
(1) (a) Punishment that is less costly than ordinary imprisonment and
13more restrictive than ordinary probation or parole supervision
or community
14supervision.
SB233, s. 52
15Section
52. 301.048 (2) (cm) of the statutes is created to read:
SB233,22,1816
301.048
(2) (cm) A court or the department requires his or her participation in
17the program as a condition of community supervision under s. 302.113 (7) or 302.114
18(5) (d) or (8) or 973.01 (5).
SB233, s. 53
19Section
53. 301.048 (2) (d) of the statutes is amended to read:
SB233,22,2220
301.048
(2) (d) The department and the person agree to his or her participation
21in the program as an alternative to revocation of probation
, community supervision 22or parole.
SB233, s. 54
23Section
54. 301.048 (4) (a) of the statutes is amended to read:
SB233,23,724
301.048
(4) (a) A participant is in the custody and under the control of the
25department, subject to its rules and discipline. A participant entering the program
1under sub. (2) (a) or (b) is a prisoner. A participant entering the program under sub.
2(2) (c) is a prisoner, except that he or she is a parolee for purposes of revocation.
A
3participant entering the program under sub. (2) (cm) is a prisoner, except that he or
4she remains a person on community supervision for purposes of revocation. A
5participant entering the program under sub. (2) (d) is a prisoner, except that he or
6she remains a probationer
or, parolee
or person on community supervision,
7whichever is applicable, for purposes of revocation.
SB233, s. 55
8Section
55. 301.048 (4) (am) of the statutes is amended to read:
SB233,23,179
301.048
(4) (am) A participant who is a parolee for purposes of revocation is
10subject to revocation for violation of any condition of parole or any rule or condition
11applicable because he or she is a program participant.
A participant who is a person
12on community supervision for purposes of revocation is subject to revocation for
13violation of any condition of community supervision or any rule or condition
14applicable because he or she is a program participant. A participant who is a
15probationer for purposes of revocation is subject to revocation for violation of any
16condition of probation or any rule or condition applicable because he or she is a
17program participant.
SB233, s. 56
18Section
56. 301.048 (4m) (b) (intro.) of the statutes is amended to read:
SB233,23,2419
301.048
(4m) (b) (intro.) As soon as possible after a prisoner, probationer
or, 20parolee
or person on community supervision who has violated s. 940.03, 940.05,
21940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06 or 948.07 enters the intensive
22sanctions program, the department shall make a reasonable effort to notify all of the
23following persons, if they can be found, in accordance with par. (c) and after receiving
24a completed card under par. (d):
SB233, s. 57
25Section
57. 301.048 (4m) (b) 1. of the statutes is amended to read:
SB233,24,4
1301.048
(4m) (b) 1. The victim of the crime committed by the prisoner,
2probationer
or, parolee
or person on community supervision or, if the victim died as
3a result of the crime, an adult member of the victim's family or, if the victim is younger
4than 18 years old, the victim's parent or legal guardian.
SB233, s. 58
5Section
58. 301.048 (4m) (b) 2. of the statutes is amended to read:
SB233,24,86
301.048
(4m) (b) 2. Any witness who testified against the prisoner, probationer
7or, parolee
or person on community supervision in any court proceeding involving the
8offense.
SB233, s. 59
9Section
59. 301.048 (6) of the statutes is renumbered 301.048 (6) (a) and
10amended to read:
SB233,24,1311
301.048
(6) (a)
The
Except as provided in par. (b), the department may
12discharge a participant from participation in the program and from departmental
13custody and control at any time.
SB233, s. 60
14Section
60. 301.048 (6) (b) of the statutes is created to read:
SB233,24,1815
301.048
(6) (b) The department may discharge a participant who is on
16community supervision under s. 302.113 from participation in the program at any
17time, but the person remains under departmental supervision under the terms of the
18person's bifurcated sentence imposed under s. 973.01 until the end of that sentence.
SB233, s. 61
19Section
61. 301.049 (2) (a) 2. of the statutes is amended to read:
SB233,24,2220
301.049
(2) (a) 2. On probation
, community supervision or parole and who, if
21approved by the department under par. (b), would participate in the program as an
22alternative to revocation of probation
, community supervision or parole.
SB233, s. 62
23Section
62. 301.049 (3) (e) of the statutes is amended to read:
SB233,24,2524
301.049
(3) (e) Prepare each mother to be able to live in a safe, lawful and stable
25manner in the community upon parole
, community supervision or discharge.
SB233, s. 63
1Section
63. 301.08 (1) (c) 1. a. of the statutes is amended to read:
SB233,25,72
301.08
(1) (c) 1. a. "Administrative supervision" means the supervision of a
3probationer
or, parolee
or person on community supervision in which the department
4requires that a minimum of one face-to-face contact occur every 6 months between
5the probationer
or, parolee
or person on community supervision and a representative
6of the department and that the probationer
or, parolee
or person on community
7supervision submit a monthly report to the department.
SB233, s. 64
8Section
64. 301.08 (1) (c) 1. b. of the statutes is amended to read:
SB233,25,149
301.08
(1) (c) 1. b. "Minimum supervision" means the supervision of a
10probationer
or, parolee
or person on community supervision in which the department
11requires that a minimum of one face-to-face contact occur every 90 days between the
12probationer
or, parolee
or person on community supervision and a representative of
13the department and that the probationer
or, parolee
or person on community
14supervision submit a monthly report to the department.
SB233, s. 65
15Section
65. 301.08 (1) (c) 2. of the statutes is amended to read:
SB233,26,216
301.08
(1) (c) 2. Beginning on January 1, 1996, the department may contract
17with public, private or voluntary vendors for the supervision of probationers
and, 18parolees
and persons on community supervision who are under minimum
19supervision or administrative supervision. The contract shall authorize any such
20vendor to charge a fee to probationers
and, parolees
and persons on community
21supervision sufficient to cover the cost of supervision and administration of the
22contract. If the department collects any moneys from a vendor under the contract,
23the department shall credit those moneys to the appropriation account under s.
2420.410 (1) (ge). The department shall promulgate rules for fees, collections, reporting
1and verification regarding probationers
and, parolees
and persons on community
2supervision supervised by the vendor.
SB233, s. 66
3Section
66. 301.132 (2) of the statutes is amended to read:
SB233,26,74
301.132
(2) The department may require, as a condition of probation
or, parole
5or community supervision, that a probationer
or, parolee
or person on community
6supervision who is a sex offender submit to a lie detector test when directed to do so
7by the department.
SB233, s. 67
8Section
67. 301.132 (3) of the statutes is amended to read:
SB233,26,139
301.132
(3) The department shall promulgate rules establishing a lie detector
10test program for probationers
and, parolees
and persons on community supervision 11who are sex offenders. The rules shall provide for assessment of fees upon
12probationers
and, parolees
and persons on community supervision to partially offset
13the costs of the program.
SB233, s. 68
14Section
68. 301.21 (1) (h) of the statutes is amended to read:
SB233,26,1615
301.21
(1) (h) Provisions concerning procedures for probation, parole
,
16community supervision and discharge.
SB233, s. 69
17Section
69. 301.32 (3) (a) of the statutes is amended to read:
SB233,26,2318
301.32
(3) (a) All money or other property paid or delivered to a probation
,
19community supervision and parole agent or other employe of the department by or
20for the benefit of any person on probation
, community supervision or parole shall be
21immediately transmitted to the department and it shall enter the same upon its
22books to his or her credit. The property shall be used only under the direction of the
23department.
SB233, s. 70
24Section
70. 301.32 (3) (b) of the statutes is amended to read:
SB233,27,4
1301.32
(3) (b) If the person on probation
, community supervision or parole
2absconds, the money shall be credited to the revolving fund created by s. 304.075; and
3other property if not called for within one year shall be sold by the department and
4the proceeds shall be credited to the fund.
SB233, s. 71
5Section
71. 301.35 (2) (bm) of the statutes is created to read:
SB233,27,66
301.35
(2) (bm) A person on community supervision.
SB233, s. 72
7Section
72. 301.38 (1) (am) of the statutes is amended to read:
SB233,27,118
301.38
(1) (am) "Prisoner" has the meaning given in s. 301.01 (2), but does not
9include any person in the intensive sanctions program under s. 301.048 or any person
10who is imprisoned as an alternative to the revocation of probation
, community
11supervision or parole.
SB233,27,2014
301.45
(1) (b) Is in prison, a secured correctional facility, as defined in s. 938.02
15(15m), or a secured child caring institution, as defined in s. 938.02 (15g), or on
16probation,
community supervision, parole, supervision or aftercare supervision on
17or after December 25, 1993, for any violation,
or for the solicitation, conspiracy or
18attempt to commit any violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02
19(1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30, or of s.
20940.30 or 940.31 if the victim was a minor and the person was not the victim's parent.
SB233,28,523
301.45
(1) (bm) Is in prison, a secured correctional facility, as defined in s.
24938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or
25on probation,
community supervision, parole, supervision or aftercare supervision
1on or after December 25, 1993, for a violation, or for the solicitation, conspiracy or
2attempt to commit a violation, of a law of this state that is comparable to s. 940.22
3(2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06,
4948.07, 948.08, 948.11 or 948.30 or that is comparable to a violation of s. 940.30 or
5940.31 if the victim was a minor and the person was not the victim's parent.
SB233,28,148
301.45
(1) (dh) Is on parole
, community supervision or probation in this state
9from another state under s. 304.13 or 304.135 on or after December 25, 1993, for a
10violation, or for the solicitation, conspiracy or attempt to commit a violation, of the
11law of another state that is comparable to a violation of s. 940.22 (2), 940.225 (1), (2)
12or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08,
13948.11 or 948.30 or that is comparable to a violation of s. 940.30 or 940.31 if the victim
14was a minor and the person was not the victim's parent.
SB233,28,1917
301.45
(2) (a) 4. b. The date the person was or is to be released from
18confinement, whether on parole
, community supervision or otherwise, or discharged
19or terminated from a sentence or commitment.
SB233,28,2422
301.45
(2) (e) 1. Within 10 days after the person being placed on parole,
23community supervision, probation, supervision, aftercare supervision, conditional
24release or supervised release.
SB233,29,53
301.45
(2) (e) 2. If the person is on parole
, community supervision or probation
4from another state under s. 304.13 or 304.135, within 10 days after the person enters
5this state.
SB233,29,108
301.45
(3) (a) 1m. If the person is on parole
, community supervision or
9probation from another state under s. 304.13 or 304.135, he or she is subject to this
10subsection upon entering this state.
SB233,29,1613
301.45
(3) (a) 2. If the person has been sentenced to prison or placed in a secured
14correctional facility or a secured child caring institution, he or she is subject to this
15subsection upon being released on parole
, community supervision or aftercare
16supervision.
SB233,30,219
301.45
(3) (b) 2. The department shall notify a person who is being released
20from prison because he or she has reached the expiration date of his or her sentence
21and who is covered under sub. (1) of the need to comply with this section. Also,
22probation
, community supervision and parole agents, aftercare agents and agencies
23providing supervision shall notify any client who is covered under sub. (1) of the need
24to comply with this section at the time the client is placed on probation,
community
25supervision, parole, supervision or aftercare supervision or, if the client is on
1probation
, community supervision or parole from another state under s. 304.13 or
2304.135, when the client enters this state.
SB233,30,85
301.45
(3) (b) 4. Failure to receive notice under this paragraph from the
6department of health and family services, the department of corrections, a probation
,
7community supervision and parole agent, an aftercare agent or an agency providing
8supervision is not a defense to liability under sub. (6).
SB233,30,1311
301.45
(5) (a) 1m. If the person is on parole
, community supervision or
12probation from another state under s. 304.13 or 304.135, 15 years after discharge
13from that parole
, community supervision or probation.
SB233,30,1816
301.46
(2) (b) 4. b. The date the person was released from confinement, whether
17on parole
, community supervision or otherwise, or discharged or terminated from a
18sentence or commitment.
SB233, s. 85
19Section
85. 302.045 (1) of the statutes is amended to read:
SB233,31,320
302.045
(1) Program. The department shall provide a challenge incarceration
21program for inmates selected to participate under sub. (2). The program shall
22provide participants with strenuous physical exercise, manual labor, personal
23development counseling, substance abuse treatment and education, military drill
24and ceremony and counseling in preparation for release on parole
or community
25supervision. The department shall design the program to include not less than 50
1participants at a time and so that a participant may complete the program in not
2more than 180 days. The department may restrict participant privileges as
3necessary to maintain discipline.
SB233, s. 86
4Section
86. 302.045 (3) of the statutes is amended to read:
SB233,31,115
302.045
(3) Parole eligibility. Except as provided in sub. (4), if the department
6determines that an inmate has successfully completed the challenge incarceration
7program, the parole commission shall parole the inmate under s. 304.06, regardless
8of the time the inmate has served
, unless the person is serving a sentence imposed
9under s. 973.01. When the parole commission grants parole under this subsection,
10it must require the parolee to participate in an intensive supervision program for
11drug abusers as a condition of parole.
SB233, s. 87
12Section
87. 302.11 (1) of the statutes is amended to read:
SB233,31,1813
302.11
(1) The warden or superintendent shall keep a record of the conduct of
14each inmate, specifying each infraction of the rules. Except as provided in subs. (1g),
15(1m),
(1z), (7) and (10), each inmate is entitled to mandatory release on parole by the
16department. The mandatory release date is established at two-thirds of the
17sentence. Any calculations under this subsection or sub. (2) (b) resulting in fractions
18of a day shall be rounded in the inmate's favor to a whole day.
SB233, s. 88
19Section
88. 302.11 (1g) (am) of the statutes is amended to read:
SB233,31,2220
302.11
(1g) (am) The mandatory release date established in sub. (1) is a
21presumptive mandatory release date for an inmate who is serving a sentence for a
22serious felony committed on or after April 21, 1994
, but before July 1, 1998.