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.
SB233,35,1510
(b) A person who is returned to prison after revocation of community
11supervision shall be incarcerated for the entire period of time specified by the
12department of corrections in the case of a waiver or by the division of hearings and
13appeals in the department of administration in the case of a hearing under par. (a).
14The period of time specified under par. (a) may be extended in accordance with sub.
15(3).
SB233,35,2116
(c) A person who is subsequently released to community supervision after
17service of the period of time specified by the department of corrections in the case of
18a waiver or by the division of hearings and appeals in the department of
19administration in the case of a hearing under par. (a) is subject to all conditions and
20rules under sub. (7) until the expiration of the term of community supervision portion
21of the bifurcated sentence.
SB233,35,23
22(10) The department may promulgate rules establishing guidelines and
23criteria for the exercise of discretion under this section.
SB233, s. 95
24Section
95. 302.114 of the statutes is created to read:
SB233,36,5
1302.114 Petition for release and release to community supervision for
2felony offenders serving life sentences. (1) An inmate is subject to this section
3if he or she is serving a life sentence imposed under s. 973.014 (1g) (a) 1. or 2. An
4inmate serving a life sentence under s. 939.62 (2m) or 973.014 (1g) (a) 3. is not eligible
5for release to community supervision under this section.
SB233,36,10
6(2) Except as provided in subs. (3) and (9), an inmate subject to this section may
7petition the sentencing court for release to community supervision after he or she has
8served 20 years, if the inmate was sentenced under s. 973.014 (1g) (a) 1., or after he
9or she has reached the community supervision eligibility date set by the court, if the
10inmate was sentenced under s. 973.014 (1g) (a) 2.
SB233,36,16
11(3) (a) The warden or superintendent shall keep a record of the conduct of each
12inmate subject to this section, specifying each infraction of the rules. If any inmate
13subject to this section violates any regulation of the prison or refuses or neglects to
14perform required or assigned duties, the department may extend the community
15supervision eligibility date set under s. 973.014 (1g) (a) 1. or 2., whichever is
16applicable, as follows:
SB233,36,1717
1. 10 days for the first offense.
SB233,36,1818
2. 20 days for the 2nd offense.
SB233,36,1919
3. 40 days for the 3rd or each subsequent offense.
SB233,37,220
(b) In addition to the sanctions under par. (a), if an inmate subject to this section
21is placed in adjustment, program or controlled segregation status, the department
22may extend the community supervision eligibility date set under s. 973.014 (1g) (a)
231. or 2., whichever is applicable, by a number of days equal to 50% of the number of
24days spent in segregation status. In administering this paragraph, the department
1shall use the definition of adjustment, program or controlled segregation status
2under departmental rules in effect at the time an inmate is placed in that status.
SB233,37,5
3(4) All consecutive sentences shall be computed as one continuous sentence.
4An inmate subject to this section shall serve any term of community supervision after
5serving all terms of confinement in prison.
SB233,37,12
6(5) (a) An inmate subject to this section who is seeking release to community
7supervision shall file a petition for release to community supervision with the court
8that sentenced him or her. An inmate may not file an initial petition under this
9paragraph earlier than 90 days before his or her community supervision eligibility
10date. If an inmate files an initial petition for release to community supervision at
11any time earlier than 90 days before his or her community supervision eligibility
12date, the court shall deny the petition without a hearing.
SB233,37,1613
(am) The inmate shall serve a copy of a petition for release to community
14supervision on the district attorney's office that prosecuted him or her, and the
15district attorney shall file a written response to the petition within 45 days after the
16date he or she receives the petition.
SB233,37,2217
(b) After reviewing a petition for release to community supervision and the
18district attorney's response to the petition, the court shall decide whether to hold a
19hearing on the petition or, if it does not hold a hearing, whether to grant or deny the
20petition without a hearing. If the court decides to hold a hearing under this
21paragraph, the hearing shall be before the court without a jury. The office of the
22district attorney that prosecuted the inmate shall represent the state at the hearing.
SB233,38,323
(c) Before deciding whether to grant or deny the inmate's petition, the court
24shall allow a victim or family member of a homicide victim to make a statement or
25submit a statement concerning the release of the inmate to community supervision.
1The court may allow any other person to make or submit a statement under this
2paragraph. Any statement under this paragraph must be relevant to the release of
3the inmate to community supervision.
SB233,38,64
(cm) A court may not grant an inmate's petition for release to community
5supervision unless the inmate proves, by clear and convincing evidence, that he or
6she is not a danger to the public.
SB233,38,87
(d) If the court grants the inmate's petition for release to community
8supervision, the court may impose conditions on the term of community supervision.
SB233,38,149
(e) If the court denies the inmate's petition for release to community
10supervision, the court shall specify the date on which the inmate may file a
11subsequent petition under this section. An inmate may file a subsequent petition at
12any time on or after the date specified by the court, but if the inmate files a
13subsequent petition for release to community supervision before the date specified
14by the court, the court may deny the petition without a hearing.
SB233,38,1815
(f) An inmate may appeal an order denying his or her petition for release to
16community supervision. In an appeal under this paragraph, the appellate court
17shall determine whether the court properly exercised its discretion in denying the
18petition for release to community supervision.
SB233,38,19
19(6) (a) In this subsection:
SB233,38,2120
1. "Member of the family" means spouse, child, sibling, parent or legal
21guardian.
SB233,38,2222
2. "Victim" means a person against whom a crime has been committed.
SB233,39,523
(b) If an inmate petitions a court under sub. (5) or (9) (b) for release to
24community supervision under this section, the clerk of the circuit court in which the
25petition is filed shall send a copy of the petition and, if a hearing is scheduled, a notice
1of hearing to the victim of the crime committed by the inmate or, if the victim died
2as a result of the crime, an adult member of the victim's family or, if the victim is
3younger than 18 years old, the victim's parent or legal guardian, if the victim, adult
4family member or parent or legal guardian has submitted a card under par. (e)
5requesting notification.
SB233,39,96
(c) The notice under par. (b) shall inform the persons under par. (b) that they
7may appear at the hearing under sub. (5) or (9) (b), if a hearing is scheduled, and shall
8inform them of the manner in which they may provide written statements
9concerning the inmate's petition for release to community supervision.
SB233,39,1410
(d) The clerk of the circuit court shall make a reasonable effort to send a copy
11of the inmate's petition to the last-known address of the persons under par. (b) within
127 days of the date on which the petition is filed and shall make a reasonable effort
13to send the notice of hearing, if a hearing is scheduled, to the last-known address of
14the persons under par. (b), postmarked at least 10 days before the date of the hearing.
SB233,39,2515
(e) The director of state courts shall design and prepare cards for a person
16specified under par. (b) to send to the clerk of the circuit court in which the inmate
17is convicted and sentenced. The cards shall have space for any such person to provide
18his or her name and address, the name of the applicable inmate and any other
19information the director of state courts determines is necessary. The director of state
20courts shall provide the cards, without charge, to clerks of circuit court. Clerks of
21circuit court shall provide the cards, without charge, to persons specified in par. (b).
22These persons may send completed cards to the clerk of the circuit court in which the
23inmate was convicted and sentenced. All court records or portions of records that
24relate to mailing addresses of these persons are not subject to inspection or copying
25under s. 19.35 (1).
SB233,40,6
1(7) Before a person is released to community supervision under this section,
2the department shall notify the municipal police department and the county sheriff
3for the area where the person will be residing. The notification requirement does not
4apply if a municipal department or county sheriff submits to the department a
5written statement waiving the right to be notified. If applicable, the department
6shall also comply with s. 304.063.
SB233,40,11
7(8) Any inmate released to community supervision under this section is subject
8to all conditions and rules of community supervision. The department may set
9conditions of community supervision in addition to any conditions of community
10supervision set by the court under sub. (5) (d) if the conditions set by the department
11do not conflict with the court's conditions.
SB233,40,16
12(9) (a) If a person released to community supervision under this section violates
13a condition of community supervision, the division of hearings and appeals in the
14department of administration, upon proper notice and hearing, or the department
15of corrections, if the person on community supervision waives a hearing, may revoke
16the community supervision of the person and return the person to prison.
SB233,40,2517
(b) A person who is returned to prison after revocation of community
18supervision under par. (a) shall be incarcerated for 5 years, subject to extension in
19accordance with sub. (3), after which period of time the person may, upon petition to
20the sentencing court, be released to community supervision. An inmate may not file
21a petition under this paragraph earlier than 90 days before the end of the 5-year
22period. If an inmate files a petition for release to community supervision under this
23paragraph at any time earlier than 90 days before the end of the 5-year period, the
24court shall deny the petition without a hearing. The procedures specified in sub. (5)
25(am) to (f) apply to a petition filed under this paragraph.
SB233,41,3
1(c) A person who is subsequently released to community supervision under par.
2(b) is subject to all conditions and rules under sub. (8) until the expiration of the
3sentence.
SB233,41,5
4(10) The department may promulgate rules establishing guidelines and
5criteria for the exercise of discretion under this section.
SB233, s. 96
6Section
96. 302.14 of the statutes is amended to read:
SB233,41,15
7302.14 (title)
Property of deceased inmates, parolees or, probationers
8or persons on community supervision, disposition. When an inmate of a
9prison
or, a parolee of an institution
, a person on community supervision or a person
10on probation to the department dies leaving an estate of $150 or less in the trust of
11the warden, superintendent or secretary, the warden, superintendent or secretary
12shall try to determine whether or not the estate is to be probated. If probate
13proceedings are not commenced within 90 days, the warden, superintendent or
14secretary shall turn over the money or securities to the nearest of kin as evidenced
15by the records of the institution and the department.
SB233, s. 97
16Section
97. 302.17 (2) of the statutes is amended to read:
SB233,41,2117
302.17
(2) The department shall make entries on the register to reflect the
18progress made by each inmate while incarcerated and the inmate's release on parole
19or community supervision, condition at the time of
release on parole
or community
20supervision and progress made while on parole
or community supervision. This
21subsection does not apply to inmates subject to an order under s. 48.366.
SB233, s. 98
22Section
98. 302.25 (4) (c) of the statutes is amended to read:
SB233,42,623
302.25
(4) (c) Inmates confined in an institution pursuant to the terms of this
24compact shall at all times be subject to the jurisdiction of the sending state and may
25at any time be removed therefrom for transfer to a prison or other institution within
1the sending state, for transfer to another institution in which the sending state may
2have a contractual or other right to confine inmates, for release on probation
,
3community supervision or parole, for discharge, or for any other purpose permitted
4by the laws of the sending state; provided, that the sending state shall continue to
5be obligated to such payments as may be required pursuant to the terms of any
6contract entered into under the terms of sub. (3).
SB233, s. 99
7Section
99. 302.33 (2) (a) (intro.) of the statutes is amended to read:
SB233,42,118
302.33
(2) (a) (intro.) The department shall pay for the maintenance of persons
9in its custody who are placed in the county jail or other county facility, or in a tribal
10jail under s. 302.445, pending disposition of parole
, community supervision or
11probation revocation proceedings subject to the following conditions:
SB233, s. 100
12Section
100. 302.33 (2) (b) of the statutes is amended to read:
SB233,42,1613
302.33
(2) (b) This subsection applies only to probationers
or, parolees
or
14persons on community supervision who were placed on that status in connection with
15a conviction for a felony. This subsection applies only to confinements initiated after
16July 2, 1983.
SB233, s. 101
17Section
101. 302.335 (title) of the statutes is amended to read:
SB233,42,19
18302.335 (title)
Restrictions on detaining probationers and, parolees
19and persons on community supervision in county or tribal jail.
SB233, s. 102
20Section
102. 302.335 (2) (intro.) of the statutes is amended to read:
SB233,42,2421
302.335
(2) (intro.) If a probationer
or
, parolee
or person on community
22supervision is detained in a county jail or other county facility, or in a tribal jail under
23s. 302.445, pending disposition of probation
or, parole
or community supervision 24revocation proceedings, the following conditions apply:
SB233, s. 103
25Section
103. 302.335 (2) (a) (intro.) of the statutes is amended to read: