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.
SB233, s. 89
23Section
89. 302.11 (1i) of the statutes is amended to read:
SB233,32,224
302.11
(1i) An Except as provided in sub. (1z), an inmate serving a sentence to
25the intensive sanctions program is entitled to mandatory release. The mandatory
1release date under sub. (1) is established at two-thirds of the sentence under s.
2973.032 (3) (a).
SB233, s. 90
3Section
90. 302.11 (1p) of the statutes is amended to read:
SB233,32,64
302.11
(1p) An inmate serving a term subject to s. 961.49 (2)
for a crime
5committed before July 1, 1998, is entitled to mandatory release, except the inmate
6may not be released before he or she has complied with s. 961.49 (2).
SB233, s. 91
7Section
91. 302.11 (1z) of the statutes is created to read:
SB233,32,108
302.11
(1z) An inmate who is sentenced to a term of confinement in prison
9under s. 973.01 for a felony that is committed on or after July 1, 1998, is not entitled
10to mandatory release on parole under this section.
SB233, s. 92
11Section
92. 302.11 (6) of the statutes is amended to read:
SB233,32,2012
302.11
(6) Any inmate released on parole under sub. (1) or (1g) (b) or s. 304.02
13or 304.06 (1) is subject to all conditions and rules of parole until the expiration of the
14sentence or until he or she is discharged by the department. Except as provided in
15ch. 304, releases from prison shall be on the Tuesday or Wednesday preceding the
16release date. The department may discharge a parolee on or after his or her
17mandatory release date or after 2 years of supervision. Any inmate sentenced to the
18intensive sanctions program who is released on parole under sub. (1) or s. 304.02 or
19304.06 (1) remains in the program unless discharged by the department under s.
20301.048 (6)
(a).
SB233, s. 93
21Section
93. 302.11 (9) of the statutes is amended to read:
SB233,32,2422
302.11
(9) Except as provided in
sub.
subs. (1g) (am)
and (1z), this section
23applies to persons committing offenses occurring on or after June 1, 1984, or persons
24filing requests in accordance with
1983 Wisconsin Act 528, section
29 (2) or (3).
SB233, s. 94
25Section
94. 302.113 of the statutes is created to read:
SB233,33,3
1302.113 Release to community supervision for felony offenders not
2serving life sentences. (1) An inmate is subject to this section if he or she is
3serving a bifurcated sentence imposed under s. 973.01.
SB233,33,6
4(2) Except as provided in subs. (3) and (9), an inmate subject to this section is
5entitled to release to community supervision after he or she has served the term of
6confinement in prison portion of the sentence imposed under s. 973.01.
SB233,33,11
7(3) (a) The warden or superintendent shall keep a record of the conduct of each
8inmate subject to this section, specifying each infraction of the rules. If an inmate
9subject to this section violates any regulation of the prison or refuses or neglects to
10perform required or assigned duties, the department may extend the term of
11confinement in prison portion of the inmate's bifurcated sentence as follows:
SB233,33,1212
1. 10 days for the first offense.
SB233,33,1313
2. 20 days for the 2nd offense.
SB233,33,1414
3. 40 days for the 3rd or each subsequent offense.
SB233,33,2115
(b) In addition to the sanctions under par. (a), if an inmate subject to this section
16is placed in adjustment, program or controlled segregation status, the department
17may extend his or her term of confinement in prison portion of the bifurcated
18sentence by a number of days equal to 50% of the number of days spent in segregation
19status. In administering this paragraph, the department shall use the definition of
20adjustment, program or controlled segregation status under departmental rules in
21effect at the time an inmate is placed in that status.
SB233,33,2422
(c) No extension of a term of confinement in prison under this subsection may
23require an inmate to serve more days in prison than the total length of the bifurcated
24sentence imposed under s. 973.01.
SB233,34,3
1(d) If the term of confinement in prison portion of a bifurcated sentence is
2increased under this subsection, the term of community supervision is reduced so
3that the total length of the bifurcated sentence does not change.
SB233,34,6
4(4) All consecutive sentences shall be computed as one continuous sentence.
5The person shall serve any term of community supervision after serving all terms of
6confinement in prison.
SB233,34,8
7(5) An inmate may waive entitlement to release to community supervision if
8the department agrees to the waiver.
SB233,34,14
9(6) Before a person is released to community supervision under this section,
10the department shall notify the municipal police department and the county sheriff
11for the area where the person will be residing. The notification requirement does not
12apply if a municipal department or county sheriff submits to the department a
13written statement waiving the right to be notified. If applicable, the department
14shall also comply with s. 304.063.
SB233,34,20
15(7) Any inmate released to community supervision under this section is subject
16to all conditions and rules of community supervision until the expiration of the term
17of community supervision portion of the bifurcated sentence. The department may
18set conditions of community supervision in addition to any conditions of community
19supervision set by the court under s. 973.01 (5) if the conditions set by the department
20do not conflict with the court's conditions.
SB233,34,23
21(8) Releases to community supervision from prison shall be on the Tuesday or
22Wednesday preceding the date on which he or she completes the term of
23imprisonment.
SB233,35,9
24(9) (a) If a person released to community supervision under this section violates
25a condition of community supervision, the division of hearings and appeals in the
1department of administration, upon proper notice and hearing, or the department
2of corrections, if the person on community supervision waives a hearing, may revoke
3the community supervision of the person and return the person to prison. If the
4person is returned to prison, he or she shall be returned to prison for any specified
5period of time that does not exceed the time remaining on the bifurcated sentence.
6The time remaining on the bifurcated sentence is the total length of the bifurcated
7sentence, less time served by the person in custody before release to community
8supervision. The revocation order shall provide the person on community
9supervision with credit in accordance with ss. 304.072 and 973.155.