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:
SB233,43,8
1302.335
(2) (a) (intro.) The department shall begin a preliminary revocation
2hearing within 15 working days after the probationer
or
, parolee
or person on
3community supervision is detained in the county jail, other county facility or the
4tribal jail. The department may extend, for cause, this deadline by not more than
55 additional working days upon written notice to the probationer
or, parolee
or
6person on community supervision and the sheriff, the tribal chief of police or other
7person in charge of the county facility. This paragraph does not apply under any of
8the following circumstances:
SB233, s. 104
9Section
104. 302.335 (2) (a) 1. of the statutes is amended to read:
SB233,43,1110
302.335
(2) (a) 1. The probationer
or
, parolee
or person on community
11supervision has waived, in writing, the right to a preliminary hearing.
SB233, s. 105
12Section
105. 302.335 (2) (a) 2. of the statutes is amended to read:
SB233,43,1413
302.335
(2) (a) 2. The probationer
or
, parolee
or person on community
14supervision has given and signed a written statement that admits the violation.
SB233, s. 106
15Section
106. 302.335 (2) (a) 3. of the statutes is amended to read:
SB233,43,1916
302.335
(2) (a) 3. There has been a finding of probable cause in a felony criminal
17action and the probationer
or, parolee
or person on community supervision is bound
18over for trial for the same or similar conduct that is alleged to be a violation of
19supervision.
SB233, s. 107
20Section
107. 302.335 (2) (b) of the statutes is amended to read:
SB233,44,321
302.335
(2) (b) The division shall begin a final revocation hearing within 50
22calendar days after the person is detained in the county jail, other county facility or
23the tribal jail. The department may request the division to extend this deadline by
24not more than 10 additional calendar days, upon notice to the probationer
or, parolee
25or person on community supervision, the sheriff, the tribal chief of police or other
1person in charge of the facility, and the division. The division may grant the request.
2This paragraph does not apply if the probationer
or, parolee
or person on community
3supervision has waived the right to a final revocation hearing.
SB233, s. 108
4Section
108. 302.335 (3) of the statutes is amended to read:
SB233,44,85
302.335
(3) If there is a failure to begin a hearing within the time requirements
6under sub. (2), the sheriff, the tribal chief of police or other person in charge of a
7county facility shall notify the department at least 24 hours before releasing a
8probationer
or, parolee
or person on community supervision under this subsection.
SB233, s. 109
9Section
109. 302.335 (4) of the statutes is amended to read:
SB233,44,1410
302.335
(4) This section applies to probationers
or, parolees
or persons on
11community supervision who begin detainment in a county jail, other county facility
12or a tribal jail on or after July 1, 1990, except that this section does not apply to any
13probationer
or, parolee
or person on community supervision who is in the county jail,
14other facility or the tribal jail and serving a sentence.
SB233, s. 110
15Section
110. 303.065 (1) of the statutes is renumbered 303.065 (1) (a) and
16amended to read:
SB233,44,1917
303.065
(1) (a)
The Except as provided in par. (b), the department may grant
18work release privileges to any person incarcerated within the state prisons
, except
19that no.
SB233,44,25
20(b) 1. A person serving a life sentence
, other than a life sentence specified in
21subd. 2., may be considered for work release
until
only after he or she has reached
22parole eligibility under s. 304.06 (1) (b) or 973.014 (1) (a) or (b), whichever is
23applicable,
and no or he or she has reached his or her community supervision
24eligibility date under s. 302.114 (9) (b) or 973.014 (1g) (a) 1. or 2., whichever is
25applicable.
SB233,45,2
12. A person serving a life sentence under s. 939.62 (2m) or 973.014 (1) (c)
or (1g)
2(a) 3. may
not be considered for work release.
SB233,45,165
303.21
(1) (a) If an inmate of a state institution, in the performance of assigned
6work is injured so as to be permanently incapacitated or to have materially reduced
7earning power, the inmate may, upon being released from such institution, either
8upon
release on parole
or community supervision or upon final discharge, be allowed
9and paid such compensation as the department of workforce development finds the
10inmate entitled to. The inmate shall be compensated on the same basis as if the
11injury had been covered by ch. 102, except that the total paid to any inmate may not
12exceed $10,000 and may be paid in instalments. If the injury results from
13employment in a prison industry, the payment shall be made from the revolving
14appropriation for its operation. If there is no revolving appropriation, payment shall
15be made from the general fund. In case of dispute, the procedure for hearing, award
16and appeal shall be as set forth in ss. 102.16 to 102.26.
SB233, s. 112
17Section
112. 303.215 of the statutes is amended to read:
SB233,46,3
18303.215 Compensation to prisoners or residents injured in prison
19industries employment. In accordance with s. 102.03 (2), for an inmate of a state
20institution or a resident subject to s. 303.01 (1) (b) employed under s. 303.06 (2),
21compensation under ch. 102 on being released from the applicable institution, on
22parole,
on community supervision, on final discharge or in accordance with ch. 938,
23whichever is applicable, is the exclusive remedy against the department and any
24employe of the department for any injury sustained by the inmate or resident while
25performing service growing out of and incidental to that employment. The
1department shall make any payments required under this section from the revolving
2appropriation for the operation of prison industries or, if there is no revolving
3appropriation for the operation of prison industries, from the general fund.
SB233, s. 113
4Section
113. 304.02 (3) (c) of the statutes is amended to read:
SB233,46,75
304.02
(3) (c) The institution social worker or the probation
, community
6supervision and parole agent of record has reason to believe the prisoner will be able
7to maintain himself or herself in society without engaging in assaultive activity.
SB233, s. 114
8Section
114. 304.02 (4) of the statutes is amended to read:
SB233,46,119
304.02
(4) If a person is sentenced under s. 973.032, he or she is eligible for a
10release to parole supervision under this section and remains in the intensive
11sanctions program unless discharged by the department under s. 301.048 (6)
(a).
SB233, s. 115
12Section
115. 304.02 (5) of the statutes is amended to read:
SB233,46,1513
304.02
(5) Notwithstanding subs. (1) to (3), a prisoner who is serving a life
14sentence under s. 939.62 (2m) or 973.014 (1) (c)
or (1g) is not eligible for release to
15parole supervision under this section.
SB233, s. 116
16Section
116. 304.02 (6) of the statutes is created to read:
SB233,46,1917
304.02
(6) Notwithstanding subs. (1) to (3), a prisoner is not eligible for release
18to parole supervision under this section if he or she is serving a bifurcated sentence
19under s. 973.01.
SB233, s. 117
20Section
117. 304.06 (1) (b) of the statutes is amended to read:
SB233,47,1021
304.06
(1) (b) Except as provided in sub. (1m) or s. 302.045 (3), 961.49 (2)
,
22973.01 (6) or 973.0135, the parole commission may parole an inmate of the Wisconsin
23state prisons or any felon or any person serving at least one year or more in a county
24house of correction or a county reforestation camp organized under s. 303.07, when
25he or she has served 25% of the sentence imposed for the offense, or 6 months,
1whichever is greater. Except as provided in s. 939.62 (2m) or 973.014
(1) (b) or (c),
2(1g) or (2), the parole commission may parole an inmate serving a life term when he
3or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject
4to extension using the formulas under s. 302.11 (2). The person serving the life term
5shall be given credit for time served prior to sentencing under s. 973.155, including
6good time under s. 973.155 (4). The secretary may grant special action parole
7releases under s. 304.02. The department or the parole commission shall not provide
8any convicted offender or other person sentenced to the department's custody any
9parole eligibility or evaluation until the person has been confined at least 60 days
10following sentencing.
SB233, s. 118
11Section
118. 304.06 (1y) of the statutes is amended to read: