SB345: Bill Text

SB345,64,18 940.20 (2m) (title) Battery to probation , extended supervision and parole agents and aftercare agents.

SB345, s. 168 Section 168. 940.20 (2m) (a) 2. of the statutes is amended to read:

SB345,64,22 940.20 (2m) (a) 2. "Probation, extended supervision and parole agent" means any person authorized by the department of corrections to exercise control over a probationer or, parolee or person on extended supervision.

SB345, s. 169 Section 169. 940.20 (2m) (b) of the statutes is amended to read:

SB345,65,3 940.20 (2m) (b) Whoever intentionally causes bodily harm to a probation, extended supervision and parole agent or an aftercare agent, acting in an official capacity and the person knows or has reason to know that the victim is a probation, extended supervision and parole agent or an aftercare agent, by an act done without the consent of the person so injured, is guilty of a Class D felony.

SB345, s. 170 Section 170. 942.06 (2m) (a) of the statutes is amended to read:

SB345,65,7 942.06 (2m) (a) An employe or agent of the department of corrections who conducts a lie detector test of a probationer or, parolee or person on extended supervision under the rules promulgated under s. 301.132.

SB345, s. 171 Section 171. 942.06 (2q) (a) (intro.) of the statutes is amended to read:

SB345,65,12 942.06 (2q) (a) (intro.) An employe or agent of the department of corrections who discloses, to any of the following, the fact that a probationer or, parolee or person on extended supervision has had a lie detector test under the rules promulgated under s. 301.132 or the results of such a lie detector test:

SB345, s. 172 Section 172. 946.42 (1) (a) of the statutes is amended to read:

SB345,66,4 946.42 (1) (a) "Custody" includes without limitation actual custody of an institution, including a secured correctional facility, as defined in s. 938.02 (15m), a secured child caring institution, as defined in s. 938.02 (15g), a secure detention facility, as defined in s. 938.02 (16), a Type 2 child caring institution, as defined in s. 938.02 (19r), or a juvenile portion of a county jail, or of a peace officer or institution guard and constructive custody of prisoners and juveniles subject to an order under s. 48.366, 938.183, 938.34 (4d), (4h) or (4m) or 938.357 (4) or (5) (e) temporarily outside the institution whether for the purpose of work, school, medical care, a leave granted under s. 303.068, a temporary leave or furlough granted to a juvenile or otherwise. Under s. 303.08 (6) it means, without limitation, that of the sheriff of the county to which the prisoner was transferred after conviction. It does not include the custody of a probationer or, parolee or person on extended supervision by the department of corrections or a probation, extended supervision or parole officer or the custody of a person who has been released to aftercare supervision under ch. 938 unless the person is in actual custody or is subject to a confinement order under s. 973.09 (4).

SB345, s. 173 Section 173. 946.46 of the statutes is amended to read:

SB345,66,12 946.46 (title) Encouraging violation of probation, extended supervision or parole. Whoever intentionally aids or encourages a parolee or, probationer or person on extended supervision or any person committed to the custody or supervision of the department of corrections or a county department under s. 46.215, 46.22 or 46.23 by reason of crime or delinquency to abscond or violate a term or condition of parole, extended supervision or probation is guilty of a Class A misdemeanor.

SB345, s. 174 Section 174. 950.045 of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

SB345,67,10 950.045 (title) Victims; application for parole, extended supervision or pardon; releases; escapes; corrections programs. Victims of crimes have the right to provide written statements concerning parole applications under s. 304.06 (1) (e), to have direct input in the parole decision-making process under s. 304.06 (1) (em) and to provide written statements concerning pardon applications under s. 304.10 (2). Victims of crimes have the right to be notified by district attorneys under s. 971.17 (4m) regarding conditional releases under s. 971.17. Victims of crimes have the right to be notified by the department of health and family services under s. 971.17 (6m) regarding terminations or discharges under s. 971.17. Victims of crimes have the right to be notified by the department of corrections under s. 301.046 (4) regarding community residential confinements, under s. 301.048 (4m) regarding participation in the intensive sanctions program, under s. 301.38 regarding escapes from a Type 1 prison, under s. 302.115 regarding the expiration of sentences and under s. 304.063 regarding extended supervision and parole releases. Victims of acts of sexual violence have the right to be notified by the department of health and family services under s. 980.11 regarding supervised releases under s. 980.06 and discharges under s. 980.09 or 980.10. Victims have the right to be notified of the registration of a person and the update of information regarding that person under s. 301.46. Victims of crimes have the right to be sent a copy of an inmate's petition for extended supervision and to be notified of the hearing on that petition under s. 302.114 (6).

SB345, s. 175 Section 175. 961.49 (2) (a) of the statutes is amended to read:

SB345,68,2 961.49 (2) (a) Except as provided in par. (b), if any person violates s. 961.41 (1) by delivering or distributing, or violates s. 961.41 (1m) by possessing with intent to deliver or distribute, a controlled substance included in schedule I or II or a controlled substance analog of a controlled substance included in schedule I or II while in or on the premises of a scattered-site public housing project, while in or on or otherwise within 1,000 feet of a state, county, city, village or town park, a jail or correctional facility, a multiunit public housing project, a swimming pool open to members of the public, a youth center or a community center, while in or on or otherwise within 1,000 feet of any private or public school premises or while in or on or otherwise within 1,000 feet of a school bus, as defined in s. 340.01 (56), the court shall sentence the person to at least 3 years in prison, but otherwise the penalties for the crime apply. Except as provided in s. 961.438, the court shall not place the person on probation. The Except as provided in s. 973.01 (6), the person is not eligible for parole until he or she has served at least 3 years, with no modification by the calculation under s. 302.11 (1).

SB345, s. 176 Section 176. 961.49 (2) (b) of the statutes is amended to read:

SB345,68,11 961.49 (2) (b) If the conduct described in par. (a) involves only the delivery or distribution, or the possession with intent to deliver or distribute, of not more than 25 grams of tetrahydrocannabinols, included in s. 961.14 (4) (t), or not more than 5 plants containing tetrahydrocannabinols, the court shall sentence the person to at least one year in prison, but otherwise the penalties for the crime apply. Except as provided in s. 961.438, the court shall not place the person on probation. The Except as provided in s. 973.01 (6), the person is not eligible for parole until he or she has served at least one year, with no modification by the calculation under s. 302.11 (1).

SB345, s. 177 Section 177. 969.01 (4) of the statutes is amended to read:

SB345,69,5 969.01 (4) Considerations in setting conditions of release. If bail is imposed, it shall be only in the amount found necessary to assure the appearance of the defendant. Conditions of release, other than monetary conditions, may be imposed for the purpose of protecting members of the community from serious bodily harm or preventing intimidation of witnesses. Proper considerations in determining whether to release the defendant without bail, fixing a reasonable amount of bail or imposing other reasonable conditions of release are: the ability of the arrested person to give bail, the nature, number and gravity of the offenses and the potential penalty the defendant faces, whether the alleged acts were violent in nature, the defendant's prior record of criminal convictions and delinquency adjudications, if any, the character, health, residence and reputation of the defendant, the character and strength of the evidence which has been presented to the judge, whether the defendant is currently on probation, extended supervision or parole, whether the defendant is already on bail or subject to other release conditions in other pending cases, whether the defendant has been bound over for trial after a preliminary examination, whether the defendant has in the past forfeited bail or violated a condition of release or was a fugitive from justice at the time of arrest, and the policy against unnecessary detention of the defendant's pending trial.

SB345, s. 178 Section 178. 971.11 (1) of the statutes is amended to read:

SB345,69,16 971.11 (1) Whenever the warden or superintendent receives notice of an untried criminal case pending in this state against an inmate of a state prison, the warden or superintendent shall, at the request of the inmate, send by certified mail a written request to the district attorney for prompt disposition of the case. The request shall state the sentence then being served, the date of parole eligibility, if applicable, or the date of release to extended supervision, the approximate discharge or conditional release date, and prior decision relating to parole. If there has been no preliminary examination on the pending case, the request shall state whether the inmate waives such examination, and, if so, shall be accompanied by a written waiver signed by the inmate.

SB345, s. 179 Section 179. 972.13 (6) of the statutes is amended to read:

SB345,69,18 972.13 (6) The following forms may be used for judgments:

SB345,69,19 STATE OF WISCONSIN

SB345,69,20 .... County

SB345,69,21 In.... Court

SB345,69,22 The State of Wisconsin

SB345,69,23 vs.

SB345,69,24 ....(Name of defendant)

SB345,69,25 UPON ALL THE FILES, RECORDS AND PROCEEDINGS,

SB345,70,6 IT IS ADJUDGED That the defendant has been convicted upon the defendant's plea of guilty (not guilty and a verdict of guilty) (not guilty and a finding of guilty) (no contest) on the.... day of...., 19.., of the crime of.... in violation of s.....; and the court having asked the defendant whether the defendant has anything to state why sentence should not be pronounced, and no sufficient grounds to the contrary being shown or appearing to the court.

SB345,70,7 *IT IS ADJUDGED That the defendant is guilty as convicted.

SB345,70,9 *IT IS ADJUDGED That the defendant is hereby committed to the Wisconsin state prisons (county jail of.... county) for an indeterminate term of not more than.....

SB345,70,12 *IT IS ADJUDGED That the defendant is ordered to serve a bifurcated sentence consisting of .... year(s) of confinement in prison and .... months/years of extended supervision.

SB345,70,15 *IT IS ADJUDGED That the defendant is placed in the intensive sanctions program subject to the limitations of section 973.032 (3) of the Wisconsin Statutes and the following conditions:....

SB345,70,18 *IT IS ADJUDGED That the defendant is hereby committed to detention in (the defendant's place of residence or place designated by judge) for a term of not more than....

SB345,70,20 *IT IS ADJUDGED That the defendant is ordered to pay a fine of $.... (and the costs of this action).

SB345,70,21 *IT IS ADJUDGED That the defendant pay restitution to....

SB345,70,23 *IT IS ADJUDGED That the defendant is restricted in his or her use of computers as follows:....

SB345,70,25 *The.... at.... is designated as the Reception Center to which the defendant shall be delivered by the sheriff.

SB345,71,2 *IT IS ORDERED That the clerk deliver a duplicate original of this judgment to the sheriff who shall forthwith execute the same and deliver it to the warden.

SB345,71,3 Dated this.... day of...., 19...

SB345,71,4 BY THE COURT....

SB345,71,5 Date of Offense....,

SB345,71,6 District Attorney....,

SB345,71,7 Defense Attorney....

SB345,71,8 *Strike inapplicable paragraphs.

SB345,71,9 STATE OF WISCONSIN

SB345,71,10 .... County

SB345,71,11 In.... Court

SB345,71,12 The State of Wisconsin

SB345,71,13 vs.

SB345,71,14 ....(Name of defendant)

SB345,71,16 On the.... day of...., 19.., the district attorney appeared for the state and the defendant appeared in person and by.... the defendant's attorney.

SB345,71,17 UPON ALL THE FILES, RECORDS AND PROCEEDINGS

SB345,71,19 IT IS ADJUDGED That the defendant has been found not guilty by the verdict of the jury (by the court) and is therefore ordered discharged forthwith.

SB345,71,20 Dated this.... day of...., 19...

SB345,71,21 BY THE COURT....

SB345, s. 180 Section 180. 972.15 (2c) of the statutes is created to read:

SB345,72,2 972.15 (2c) If the defendant is being sentenced under s. 973.01 and he or she satisfies the criteria under s. 302.045 (2) (b) and (c), the person preparing the presentence investigation report shall include in the report a recommendation as to whether the defendant should be eligible for the challenge incarceration program under s. 302.045.

SB345, s. 181 Section 181. 972.15 (5) (intro.) of the statutes is amended to read:

SB345,72,12 972.15 (5) (intro.) The department may use the presentence investigation report for correctional programming, parole consideration or care and treatment of any person sentenced to imprisonment or the intensive sanctions program, placed on probation, released on parole or extended supervision or committed to the department under ch. 51 or 971 or any other person in the custody of the department or for research purposes. The department may make the report available to other agencies or persons to use for purposes related to correctional programming, parole consideration, care and treatment, or research. Any use of the report under this subsection is subject to the following conditions:

SB345, s. 182 Section 182. 973.01 of the statutes is created to read:

SB345,72,19 973.01 Bifurcated sentence of imprisonment and extended supervision. (1) Bifurcated sentence required. Except as provided in sub. (3), whenever a court sentences a person to imprisonment in the Wisconsin state prisons for a felony committed on or after July 1, 1999, the court shall impose a bifurcated sentence that consists of a term of confinement in prison followed by a term of extended supervision under s. 302.113.

SB345,72,21 (2) Structure of bifurcated sentences. The court shall ensure that a bifurcated sentence imposed under sub. (1) complies with all of the following:

SB345,72,24 (a) Total length of bifurcated sentence. Except as provided in par. (c), the total length of the bifurcated sentence may not exceed the maximum period of imprisonment for the felony.

SB345,73,3 (b) Imprisonment portion of bifurcated sentence. The portion of the bifurcated sentence that imposes a term of confinement in prison shall comply with all of the following:

SB345,73,5 1. Except as provided in par. (bm), the term of confinement in prison may not be less than one year.

SB345,73,7 2. The term of confinement in prison may not exceed 75% of the total length of the bifurcated sentence.

SB345,73,10 (bm) Minimum imprisonment in certain cases. 1. If the maximum period of imprisonment for the felony is one year, the term of confinement in prison may not be less than 6 months nor more than 8 months.

SB345,73,13 2. If there is a minimum sentence of more than one year prescribed for the felony, the term of confinement in prison portion of the bifurcated sentence may not be less than that prescribed minimum sentence.

SB345,73,15 (c) Penalty enhancement. The total length of the bifurcated sentence that may be imposed may be increased by any applicable penalty enhancement.

SB345,73,18 (d) Minimum term of extended supervision. The term of extended supervision that follows the term of confinement in prison may not be less than 25% of the length of the term of confinement in prison imposed under par. (b).

SB345,73,21 (3) Not applicable to life sentences. If a person is being sentenced for a felony that is punishable by life imprisonment, he or she is not subject to this section but shall be sentenced under s. 973.014 (1g).

SB345,74,2 (3m) Challenge incarceration program eligibility. When imposing a bifurcated sentence under this section on a person convicted of a crime other than a crime specified in ch. 940 or s. 948.02, 948.025, 948.03, 948.05, 948.055, 948.06, 948.07, 948.08 or 948.095, the court shall decide whether the person being sentenced is eligible or ineligible for the challenge incarceration program under s. 302.045 during the term of confinement in prison portion of the bifurcated sentence.

SB345,74,11 (4) No good time; extension or reduction of term of imprisonment. A person sentenced to a bifurcated sentence under sub. (1) shall serve the term of confinement in prison portion of the sentence without reduction for good behavior. The term of confinement in prison portion is subject to extension under s. 302.113 (3) and, if applicable, to reduction under s. 302.045 (3m). When the court imposes a bifurcated sentence under sub. (1), the court shall inform the person of the requirements of this subsection and s. 302.113 (3). If the court provides under sub. (3m) that the person is eligible for the challenge incarceration program, the court shall also inform the person of the provisions of s. 302.045 (3m).

SB345,74,14 (5) extended supervision conditions. Whenever the court imposes a bifurcated sentence under sub. (1), the court may impose conditions upon the term of extended supervision.

SB345,74,16 (6) No parole. A person serving a bifurcated sentence imposed under sub. (1) is not eligible for release on parole.

SB345,74,19 (7) No discharge. The department of corrections may not discharge a person who is serving a bifurcated sentence from custody, control and supervision until the person has served the entire bifurcated sentence.

SB345, s. 183 Section 183. 973.013 (1) (b) of the statutes is amended to read:

SB345,75,3 973.013 (1) (b) The Except as provided in s. 973.01, the sentence shall have the effect of a sentence at hard labor for the maximum term fixed by the court, subject to the power of actual release from confinement by parole by the department or by pardon as provided by law. If a person is sentenced for a definite time for an offense for which the person may be sentenced under this section, the person is in legal effect sentenced as required by this section, said definite time being the maximum period. A defendant convicted of a crime for which the minimum penalty is life shall be sentenced for life.

SB345, s. 184 Section 184. 973.013 (2) of the statutes is amended to read:

SB345,75,13 973.013 (2) Upon the recommendation of the department, the governor may, without the procedure required by ch. 304, discharge absolutely, or upon such conditions and restrictions and under such limitation as the governor thinks proper, any inmate committed to the Wisconsin state prisons after he or she has served the minimum term of punishment prescribed by law for the offense for which he or she was sentenced, except that if the term was life imprisonment, 5 years must elapse after release on parole or extended supervision before such a recommendation can be made to the governor. The discharge has the effect of an absolute or conditional pardon, respectively.

SB345, s. 185 Section 185. 973.0135 (2) (intro.) of the statutes is amended to read:

SB345,75,18 973.0135 (2) (intro.) Except as provided in sub. (3), when a court sentences a prior offender to imprisonment in a state prison for a serious felony committed on or after April 21, 1994, but before July 1, 1999, the court shall make a parole eligibility determination regarding the person and choose one of the following options:

SB345, s. 186 Section 186. 973.014 (title) of the statutes is amended to read:

SB345,75,21 973.014 (title) Sentence of life imprisonment; parole eligibility determination; extended supervision eligibility determination.