SB345: Bill Text

2. The court must set the term of confinement in prison portion of the sentence to be at least one year but not more than 75% of the total length of the bifurcated sentence, except that if the maximum period of imprisonment for the felony is one year the term of confinement in prison must be at least 6 months but not more than 8 months.

3. The term of extended supervision must equal at least 25% of the length of the term of confinement in prison.

Thus, for example, if a person is convicted of a Class B felony, which is punishable by imprisonment of not more than 40 years, the judge could sentence the person to a 30-year term of confinement in prison, in which case the term of extended supervision would have to be at least 7 and one-half years but could not be more than 10 years.

The bill also provides that a person serving a bifurcated sentence is not eligible for release from the term of confinement in prison to the intensive sanctions program or the community residential confinement program. In addition, a person serving a bifurcated sentence is not eligible for release from the term of confinement in prison to the challenge incarceration program (often referred to as "boot camp") unless the court decides at the time of sentencing that the person is eligible for the program.

After the person completes the term of confinement in prison portion of a bifurcated sentence, he or she serves the term of extended supervision in which he or she is subject to conditions set by both the court and the department of corrections (DOC) and is subject to supervision by DOC. If a person violates a condition of extended supervision, extended supervision may be revoked and the person may be returned to serve a period of time in prison.

Under current law, a person serving a life sentence usually must serve 20 years minus time calculated under the mandatory release formula before he or she is eligible for release on parole. If the person does not receive extensions due to violations of prison rules, he or she reaches parole eligibility after serving 13 years, 4 months. However, a judge may set a parole eligibility date for a person serving a life sentence that is later than the usual parole eligibility date or may provide that the person is not eligible for parole. Also, if a person has 2 convictions for any of certain serious felonies and is then convicted a 3rd time for another serious felony, he or she must be sentenced to life without parole (the so-called "3 strikes, you're out" law). No person serving a life sentence is entitled to mandatory release.

This bill provides that a person sentenced to life imprisonment for a crime committed on or after July 1, 1999, is not eligible for parole. Instead, the bill requires a judge who is sentencing a person to life imprisonment to do one of the following: 1) provide that the person is eligible for extended supervision after serving 20 years; 2) set a date on which the person becomes eligible for extended supervision, as long as that date requires the person to serve at least 20 years; or 3) provide that the person is not eligible for extended supervision. If the court provides that the person is eligible for extended supervision, the person may petition the sentencing court for release to extended supervision on or after the extended supervision eligibility date. A person sentenced to life who is released to extended supervision is on extended supervision for the remainder of his or her life and, like a person on extended supervision under a bifurcated sentence (see above), may have his or her extended supervision revoked and be returned to prison if he or she violates a condition of extended supervision. The bill does not affect persons sentenced to life imprisonment without the possibility of parole under the "3 strikes, you're out" law.

Criminal code study committee

This bill creates a committee called the criminal code study committee that consists of all of the following members: 2 judges appointed by the supreme court; the majority leader in each house, or his or her designee; the minority leader in each house, or his or her designee; one faculty member from the law school of the University of Wisconsin appointed by the governor; one faculty member from the law school of Marquette University appointed by the governor; the attorney general or his or her designee; one current district attorney appointed by the attorney general; the state public defender or his or her designee; one representative of crime victims appointed by the attorney general; one member of the criminal law section of the state bar appointed by the governor; one representative of law enforcement agencies appointed by the governor; 3 public members appointed by the governor; and the secretary of corrections or his or her designee.

Under the bill, the committee is required to study the classification of criminal offenses in the criminal code, the penalties for all felonies and issues relating to the implementation of the changes made in this bill relating to the structure of sentences for felony offenses. The committee must also make recommendations concerning all of the following: 1) creating a sentencing commission to promulgate sentencing guidelines for use by judges when imposing sentence under the new felony sentencing structure created in this bill; 2) changing the administrative rules of the department of corrections to ensure that a person is returned to prison promptly and for an appropriate period of time if he or she violates a condition of extended supervision; and 3) creating a uniform classification system for all felonies, including felonies outside of the criminal code, classifying every felony in a manner that places crimes of similar severity into the same classification and consolidating all felonies into a single criminal code.

Finally, the bill requires the committee to submit a report of its findings and recommendations to the legislature no later than January 1, 1999. The committee's report must include any proposed legislation that is necessary to implement the recommendations made by the committee in its report.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB345, s. 1 Section 1. 19.85 (1) (d) of the statutes is amended to read:

SB345,5,4 19.85 (1) (d) Except as provided by rule promulgated under s. 304.06 (1) (em), considering specific applications of probation, extended supervision or parole, or considering strategy for crime detection or prevention.

SB345, s. 2 Section 2. 20.410 (1) (b) of the statutes is amended to read:

SB345,6,4 20.410 (1) (b) Field supervision. The amounts in the schedule to provide services related to probation, extended supervision and parole. No payments may be made under this paragraph for payments in accordance with other states party to the interstate corrections compact under s. 302.25.

SB345, s. 3 Section 3. 20.410 (1) (bn) of the statutes is amended to read:

SB345,6,10 20.410 (1) (bn) (title) Reimbursing counties for probation, extended supervision and parole holds. The amounts in the schedule for payments to counties under s. 302.33 (2) (a) for costs relating to maintaining persons in custody pending the disposition of their parole, extended supervision or probation revocation proceedings.

SB345, s. 4 Section 4. 20.410 (1) (d) of the statutes is amended to read:

SB345,6,16 20.410 (1) (d) Purchased services for offenders. The amounts in the schedule for the purchase of goods, care and services, authorized under s. 301.08 (1) (b) 1., for probationers, parolees, persons on extended supervision and other offenders, except as provided in par. (dd). In addition, funds from this appropriation shall be used to reimburse programs under s. 38.04 (12).

SB345, s. 5 Section 5. 20.410 (1) (g) of the statutes is amended to read:

SB345,6,22 20.410 (1) (g) (title) Loan fund for persons on probation, extended supervision or parole. The amounts in the schedule for the purposes specified in ss. 301.32 (3) and 304.075. All moneys received belonging to absconding probationers and, parolees, and persons on extended supervision under ss. 301.32 (3) and 304.075 shall be credited to this appropriation.

SB345, s. 6 Section 6. 20.410 (1) (gb) of the statutes is amended to read:

SB345,7,3 20.410 (1) (gb) Drug testing. All moneys received from probation, extended supervision and parole clients who are required to pay for their drug testing, as prescribed by rule in accordance with s. 301.03 (3), for expenditures related to the drug testing program for probationers and, parolees and persons on extended supervision under s. 301.03 (3).

SB345, s. 7 Section 7. 20.410 (1) (gc) of the statutes is amended to read:

SB345,7,9 20.410 (1) (gc) Sex offender honesty testing. All moneys received from probation, extended supervision and parole clients who are required to pay for polygraph examinations, as prescribed by rule in accordance with s. 301.132 (3), for expenditures related to the lie detector test program for probationers , extended supervision and parolees under s. 301.132.

SB345, s. 8 Section 8. 20.410 (1) (ge) of the statutes is amended to read:

SB345,7,16 20.410 (1) (ge) Administrative and minimum supervision. The amounts in the schedule for the supervision of probationers and, parolees and persons on extended supervision under minimum or administrative supervision and for the department's costs associated with contracts under s. 301.08 (1) (c) 2. All moneys received from vendors under contracts under s. 301.08 (1) (c) 2. and from fees charged under s. 304.073 (2) shall be credited to this appropriation account.

SB345, s. 9 Section 9. 20.410 (1) (gf) of the statutes is amended to read:

SB345,7,20 20.410 (1) (gf) Probation, extended supervision and parole. The amounts in the schedule for probation, extended supervision and parole. All moneys received under s. 304.074 (2) shall be credited to this appropriation account.

SB345, s. 10 Section 10. 46.03 (7) (e) of the statutes is created to read:

SB345,8,2 46.03 (7) (e) As part of its biennial budget request under s. 16.42, submit a request for funding for child abuse prevention efforts in an amount equal to or greater than 1% of the total proposed budget of the department of corrections for the same biennium, as indicated by the estimate provided by the department of corrections under s. 301.03 (13).

SB345, s. 11 Section 11. 46.21 (1) (d) of the statutes is amended to read:

SB345,8,10 46.21 (1) (d) "Human services" means the total range of services to people, including mental illness treatment, developmental disabilities services, physical disabilities services, relief funded by a relief block grant under ch. 49, income maintenance, youth probation, extended supervision and parole services, alcohol and drug abuse services, services to children, youth and families, family counseling, exceptional educational services for children from birth to the age of 3 and manpower services.

SB345, s. 12 Section 12. 46.23 (2) (a) of the statutes is amended to read:

SB345,8,17 46.23 (2) (a) "Human services" means the total range of services to people including, but not limited to, health care, mental illness treatment, developmental disabilities services, relief funded by a block grant under ch. 49, income maintenance, probation, extended supervision and parole services, alcohol and drug abuse services, services to children, youth and aging, family counseling, exceptional educational services and manpower services.

SB345, s. 13 Section 13. 46.48 (8) (d) 1. of the statutes is amended to read:

SB345,8,23 46.48 (8) (d) 1. The use of liaisons to meet with prospective program participants to provide information about the program and to assist program participants, prior to their release on extended supervision or parole, in planning for and obtaining the housing, employment, education and treatment that they will need upon release.

SB345, s. 14 Section 14. 48.78 (2) (d) 5. of the statutes is amended to read:

SB345,9,2 48.78 (2) (d) 5. On parole under s. 302.11 or ch. 304 or on extended supervision under s. 302.113 or 302.114.

SB345, s. 15 Section 15. 51.15 (1) (b) 2. of the statutes is amended to read:

SB345,9,8 51.15 (1) (b) 2. A specific recent overt act or attempt or threat to act or omission by the individual which is reliably reported to the officer or person by any other person, including any probation, extended supervision and parole agent authorized by the department of corrections to exercise control and supervision over a probationer or, parolee or person on extended supervision.

SB345, s. 16 Section 16. 51.20 (1) (ar) (intro.) of the statutes is amended to read:

SB345,9,24 51.20 (1) (ar) (intro.) If the individual is an inmate of a state prison, the petition may allege that the inmate is mentally ill, is a proper subject for treatment and is in need of treatment. The petition shall allege that appropriate less restrictive forms of treatment have been attempted with the individual and have been unsuccessful and it shall include a description of the less restrictive forms of treatment that were attempted. The petition shall also allege that the individual has been fully informed about his or her treatment needs, the mental health services available to him or her and his or her rights under this chapter and that the individual has had an opportunity to discuss his or her needs, the services available to him or her and his or her rights with a licensed physician or a licensed psychologist. The petition shall include the inmate's sentence and his or her expected date of release as determined under s. 302.11 or 302.113, whichever is applicable. The petition shall have attached to it a signed statement by a licensed physician or a licensed psychologist of a state prison and a signed statement by a licensed physician or a licensed psychologist of a state treatment facility attesting either of the following:

SB345, s. 17 Section 17. 51.20 (13) (g) 2m. of the statutes is amended to read:

SB345,10,4 51.20 (13) (g) 2m. In addition to the provisions under subds. 1., 2. and 2g., no commitment ordered under par. (a) 4. or 4m. may continue beyond the inmate's date of release on parole or extended supervision, as determined under s. 302.11 or 302.113, whichever is applicable.

SB345, s. 18 Section 18. 51.30 (4) (b) 10. (intro.) of the statutes is amended to read:

SB345,10,17 51.30 (4) (b) 10. (intro.) To a correctional facility or to a probation, extended supervision and parole agent who is responsible for the supervision of an individual who is receiving inpatient or outpatient evaluation or treatment under this chapter in a program that is operated by, or is under contract with, the department or a county department under s. 51.42 or 51.437, or in a treatment facility, as a condition of the probation, extended supervision and parole supervision plan, or whenever such an individual is transferred from a state or local correctional facility to such a treatment program and is then transferred back to the correctional facility. Every probationer or, parolee or person on extended supervision who receives evaluation or treatment under this chapter shall be notified of the provisions of this subdivision by the individual's probation, extended supervision and parole agent. Release of records under this subdivision is limited to:

SB345, s. 19 Section 19. 51.30 (4) (b) 10. a. of the statutes is amended to read:

SB345,10,20 51.30 (4) (b) 10. a. The report of an evaluation which is provided pursuant to the written probation, extended supervision and parole supervision plan.

SB345, s. 20 Section 20. 51.30 (4) (b) 10. b. of the statutes is amended to read:

SB345,10,24 51.30 (4) (b) 10. b. The discharge summary, including a record or summary of all somatic treatments, at the termination of any treatment which is provided as part of the probation, extended supervision and parole supervision plan.

SB345, s. 21 Section 21. 51.30 (4) (b) 10. d. of the statutes is amended to read:

SB345,11,8 51.30 (4) (b) 10. d. Any information necessary to establish, or to implement changes in, the individual's treatment plan or the level and kind of supervision on probation, extended supervision or parole, as determined by the director of the facility or the treatment director. In cases involving a person transferred back to a correctional facility, disclosure shall be made to clinical staff only. In cases involving a person on probation, extended supervision or parole, disclosure shall be made to a probation, extended supervision and parole agent only. The department shall promulgate rules governing the release of records under this subdivision.

SB345, s. 22 Section 22. 51.37 (8) (a) of the statutes is amended to read:

SB345,11,19 51.37 (8) (a) Rights to reexamination under s. 51.20 (16) apply to a prisoner or inmate who is found to be mentally ill or drug dependent except that the petition shall be made to the court that made the finding or, if the prisoner or inmate is detained by transfer, to the circuit court of the county in which he or she is detained. If upon rehearing it is found that the standards for recommitment under s. 51.20 (13) (g) no longer apply to the prisoner or inmate or that he or she is not in need of psychiatric or psychological treatment, the prisoner or inmate shall be returned to the prison or county jail or house of correction unless it is past his or her release date as determined under s. 302.11 or 302.113, whichever is applicable, in which case he or she shall be discharged.

SB345, s. 23 Section 23. 51.37 (8) (b) of the statutes is amended to read:

SB345,12,9 51.37 (8) (b) If the condition of any prisoner or inmate committed or transferred under this section requires psychiatric or psychological treatment after his or her date of release as determined under s. 302.11 or 302.113, whichever is applicable, the director of the state treatment facility shall, within a reasonable time before the release date of the prisoner or inmate, make a written application to the court which committed the prisoner or inmate under sub. (5) (a). Thereupon, the proceeding shall be upon application made under s. 51.20, but no physician or psychologist who is connected with a state prison, Winnebago or Mendota mental health institute or any county jail or house of correction may be appointed as an examiner. If the court does not commit the prisoner or inmate, it may dismiss the application and order the prisoner or inmate returned to the institution from which he or she was transferred until the release date of the prisoner or inmate. If the court commits the prisoner or inmate for the period commencing upon his or her release date, the commitment shall be to the care and custody of the county department under s. 51.42 or 51.437.

SB345, s. 24 Section 24. 51.37 (11) of the statutes is amended to read:

SB345,12,16 51.37 (11) When an individual who is in the custody of or under the supervision of a correctional officer of the department of corrections is transferred, discharged or is on unauthorized absence from a treatment facility, the probation , extended supervision and parole agent or other individual within the department of corrections who is responsible for that individual's supervision shall be notified as soon as possible by the director of the treatment facility.

SB345, s. 25 Section 25. 106.215 (8g) (b) of the statutes is amended to read:

SB345,12,23 106.215 (8g) (b) If the department of corrections is a sponsor of a project that is approved under this subsection, the corps members on the project shall be prisoners in state prison, probationers or, parolees or persons on extended supervision and the members of the project shall receive applicable alcohol or other drug abuse treatment and educational programming services for a portion of each work week, but not to exceed 8 hours per work week.

SB345, s. 26 Section 26. 111.32 (3) of the statutes is amended to read:

SB345,13,5 111.32 (3) "Conviction record" includes, but is not limited to, information indicating that an individual has been convicted of any felony, misdemeanor or other offense, has been adjudicated delinquent, has been less than honorably discharged, or has been placed on probation, fined, imprisoned, placed on extended supervision or paroled pursuant to any law enforcement or military authority.

SB345, s. 27 Section 27. 132.13 (1) (a) of the statutes is amended to read:

SB345,13,24 132.13 (1) (a) All goods, wares, and merchandise made wholly or in part by convict labor in any penitentiary, prison, reformatory or other establishment in which convict labor is employed except convicts or prisoners on parole , extended supervision or probation, shall before being exposed for sale be branded, labeled, marked or tagged as herein provided and shall not be exposed for sale or sold in this state without such brand, label, mark or tag. Such brand, label, mark or tag shall contain at the head or top thereof the words "convict-made" followed by the name of the penitentiary, prison, or other establishment in which it was made in plain English lettering of the style and size known as eighteen point Cheltenham bold type capitals. The brand or mark shall in all cases where the nature of the articles will permit be placed on each individual article or part of such article that is sold, and only where such branding or marking is impossible shall a label or tag be used and where a label is used it shall be securely pasted onto each such article and when a tag is used it shall be a paper tag securely fastened to such article or part of article sold. In addition to the marking of each article or part of article sold a similar brand, mark, label or tag shall be placed upon the outside or upon its box, crate, or other covering. All brands, labels, marks, and tags shall be placed on a conspicuous part of such article or part of article and its container.

SB345, s. 28 Section 28. 165.76 (1) (a) of the statutes is amended to read:

SB345,14,5 165.76 (1) (a) Is in prison or a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g) or on probation, extended supervision, parole, supervision or aftercare supervision on or after August 12, 1993, for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025.

SB345, s. 29 Section 29. 165.76 (1) (e) of the statutes is amended to read:

SB345,14,11 165.76 (1) (e) Is on parole, extended supervision or probation in this state from another state under s. 304.13 or 304.135 on or after July 9, 1996, for a violation of the law of another state that the department of corrections determines, under s. 304.137, is comparable to a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025.

SB345, s. 30 Section 30. 165.76 (2) (b) 1. of the statutes is amended to read:

SB345,14,17 165.76 (2) (b) 1. If the person has been placed on probation or supervision, he or she shall provide the specimen under par. (a) at the office of a county sheriff as soon after the placement as practicable, as directed by his or her probation , extended supervision and parole agent or, if a child, the agency providing supervision for the child.

SB345, s. 31 Section 31. 165.76 (2) (b) 2. of the statutes is amended to read:

SB345,15,2 165.76 (2) (b) 2. If the person has been sentenced to prison or placed in a secured correctional facility or a secured child caring institution, he or she shall provide the specimen under par. (a) at the office of a county sheriff as soon as practicable after release on parole, extended supervision or aftercare supervision, as directed by his or her probation, extended supervision and parole agent or aftercare agent, except that the department of corrections may require the person to provide the specimen while he or she is in prison or in a secured correctional facility or a secured child caring institution.

SB345, s. 32 Section 32. 165.76 (2) (b) 3m. of the statutes is amended to read:

SB345,15,8 165.76 (2) (b) 3m. If the person is on parole, extended supervision or probation in this state from another state under s. 304.13 or 304.135, he or she shall provide the specimen under par. (a) at the office of a county sheriff as soon as practicable after entering this state, as directed by his or her probation, extended supervision and parole agent.

SB345, s. 33 Section 33. 165.76 (2) (b) 5. of the statutes is amended to read:

SB345,15,15 165.76 (2) (b) 5. Notwithstanding subds. 1. to 3., for persons who are subject to sub. (1) and who are in prison, a secured correctional facility or a secured child caring institution or on probation, extended supervision, parole, supervision or aftercare supervision on August 12, 1993, the departments of justice, corrections and health and family services shall cooperate to have these persons provide specimens under par. (a) before July 1, 1998.

SB345, s. 34 Section 34. 165.76 (2) (b) 6. of the statutes is amended to read:

SB345,15,21 165.76 (2) (b) 6. Notwithstanding subd. 3m., for a person who is subject to sub. (1) (e) and who is on parole, extended supervision or probation in this state from another state on July 9, 1996, the department of justice and the department of corrections shall cooperate to have these persons provide specimens under par. (a) before July 1, 2000.

SB345, s. 35 Section 35. 165.84 (5) of the statutes is amended to read:

SB345,16,4 165.84 (5) All persons in charge of law enforcement and tribal law enforcement agencies, all clerks of court, all municipal judges where they have no clerks, all persons in charge of state and county penal and correctional institutions, and all persons in charge of state and county probation, extended supervision and parole offices, shall supply the department with the information described in s. 165.83 (2) (f) on the basis of the forms and instructions to be supplied by the department under s. 165.83 (2) (g).

SB345, s. 36 Section 36. 227.03 (4) of the statutes is amended to read:

SB345,16,11 227.03 (4) The provisions of this chapter relating to contested cases do not apply to proceedings involving the revocation of aftercare supervision under s. 48.366 (5) or 938.357 (5), the revocation of parole, extended supervision or probation, the grant of probation, prison discipline, mandatory release under s. 302.11 or any other proceeding involving the care and treatment of a resident or an inmate of a correctional institution.

SB345, s. 37 Section 37. 230.36 (1) of the statutes is amended to read:

SB345,17,20 230.36 (1) If a conservation warden, conservation patrol boat captain, conservation patrol boat engineer, state forest ranger, conservation field employe of the department of natural resources who is subject to call for fire control duty, member of the state patrol, state motor vehicle inspector, lifeguard, excise tax investigator employed by the department of revenue, special criminal investigation agent employed by the department of justice, special tax agent, state drivers' license examiner, state fair park police officer, University of Wisconsin System police officer and other state facilities police officer and patrol officer, security officer, watcher, engineer, engineering aide, building construction superintendent, fire fighter employed at the Wisconsin Veterans Home, or guard or institutional aide or a state probation, extended supervision and parole officer or any other employe whose duties include supervision and discipline of inmates or wards of the state at a state penal institution, including a secured correctional facility, as defined in s. 938.02 (15m), or while on parole supervision or extended supervision outside of the confines of the institutions, or supervision of persons placed on probation by a court of record, or supervision and care of patients at a state mental institution, and the University of Wisconsin Hospitals and Clinics suffers injury while in the performance of his or her duties, as defined in subs. (2) and (3); or any other state employe who is not listed in this subsection and who is ordered by his or her appointing authority to accompany any employe listed in this subsection while the listed employe is engaged in the duties defined in sub. (3), or any other state employe who is not listed in this subsection and who is ordered by his or her appointing authority to perform the duties, when permitted, in lieu of the listed employe and while so engaged in the duties defined in sub. (3), suffers injury as defined in sub. (2) the employe shall continue to be fully paid by the employing agency upon the same basis as paid prior to the injury, with no reduction in sick leave credits, compensatory time for overtime accumulations or vacation and no reduction in the rate of earning sick leave credit or vacation. The full pay shall continue while the employe is unable to return to work as the result of the injury or until the termination of his or her employment upon recommendation of the appointing authority. At any time during the employe's period of disability the appointing authority may order physical or medical examinations to determine the degree of disability at the expense of the employing agency.

SB345, s. 38 Section 38. 230.36 (3) (c) (intro.) of the statutes is amended to read: