SB345, s. 70
20Section
70. 301.38 (1) (am) of the statutes is amended to read:
SB345,24,2421
301.38
(1) (am) "Prisoner" has the meaning given in s. 301.01 (2), but does not
22include any person in the intensive sanctions program under s. 301.048 or any person
23who is imprisoned as an alternative to the revocation of probation
, extended
24supervision or parole.
SB345,25,93
301.45
(1) (b) Is in prison, a secured correctional facility, as defined in s. 938.02
4(15m), or a secured child caring institution, as defined in s. 938.02 (15g), or on
5probation,
extended supervision, parole, supervision or aftercare supervision on or
6after December 25, 1993, for any violation,
or for the solicitation, conspiracy or
7attempt to commit any violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02
8(1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30, or of s.
9940.30 or 940.31 if the victim was a minor and the person was not the victim's parent.
SB345,25,1912
301.45
(1) (bm) Is in prison, a secured correctional facility, as defined in s.
13938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or
14on probation,
extended supervision, parole, supervision or aftercare supervision on
15or after December 25, 1993, for a violation, or for the solicitation, conspiracy or
16attempt to commit a violation, of a law of this state that is comparable to s. 940.22
17(2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06,
18948.07, 948.08, 948.11 or 948.30 or that is comparable to a violation of s. 940.30 or
19940.31 if the victim was a minor and the person was not the victim's parent.
SB345,26,322
301.45
(1) (dh) Is on parole
, extended supervision or probation in this state
23from another state under s. 304.13 or 304.135 on or after December 25, 1993, for a
24violation, or for the solicitation, conspiracy or attempt to commit a violation, of the
25law of another state that is comparable to a violation of s. 940.22 (2), 940.225 (1), (2)
1or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08,
2948.11 or 948.30 or that is comparable to a violation of s. 940.30 or 940.31 if the victim
3was a minor and the person was not the victim's parent.
SB345,26,86
301.45
(2) (a) 4. b. The date the person was or is to be released from
7confinement, whether on parole
, extended supervision or otherwise, or discharged
8or terminated from a sentence or commitment.
SB345,26,1311
301.45
(2) (e) 1. Within 10 days after the person being placed on parole,
12extended supervision, probation, supervision, aftercare supervision, conditional
13release or supervised release.
SB345,26,1816
301.45
(2) (e) 2. If the person is on parole
, extended supervision or probation
17from another state under s. 304.13 or 304.135, within 10 days after the person enters
18this state.
SB345,26,2321
301.45
(3) (a) 1m. If the person is on parole
, extended supervision or probation
22from another state under s. 304.13 or 304.135, he or she is subject to this subsection
23upon entering this state.
SB345,27,4
1301.45
(3) (a) 2. If the person has been sentenced to prison or placed in a secured
2correctional facility or a secured child caring institution, he or she is subject to this
3subsection upon being released on parole
, extended supervision or aftercare
4supervision.
SB345,27,157
301.45
(3) (b) 2. The department shall notify a person who is being released
8from prison because he or she has reached the expiration date of his or her sentence
9and who is covered under sub. (1) of the need to comply with this section. Also,
10probation
, extended supervision and parole agents, aftercare agents and agencies
11providing supervision shall notify any client who is covered under sub. (1) of the need
12to comply with this section at the time the client is placed on probation,
extended
13supervision, parole, supervision or aftercare supervision or, if the client is on
14probation
, extended supervision or parole from another state under s. 304.13 or
15304.135, when the client enters this state.
SB345,27,2118
301.45
(3) (b) 4. Failure to receive notice under this paragraph from the
19department of health and family services, the department of corrections, a probation
,
20extended supervision and parole agent, an aftercare agent or an agency providing
21supervision is not a defense to liability under sub. (6).
SB345,28,3
1301.45
(5) (a) 1m. If the person is on parole
, extended supervision or probation
2from another state under s. 304.13 or 304.135, 15 years after discharge from that
3parole
, extended supervision or probation.
SB345,28,86
301.46
(2) (b) 4. b. The date the person was released from confinement, whether
7on parole
, extended supervision or otherwise, or discharged or terminated from a
8sentence or commitment.
SB345, s. 83
9Section
83. 302.045 (1) of the statutes is amended to read:
SB345,28,1810
302.045
(1) Program. The department shall provide a challenge incarceration
11program for inmates selected to participate under sub. (2). The program shall
12provide participants with strenuous physical exercise, manual labor, personal
13development counseling, substance abuse treatment and education, military drill
14and ceremony and counseling in preparation for release on parole
or extended
15supervision. The department shall design the program to include not less than 50
16participants at a time and so that a participant may complete the program in not
17more than 180 days. The department may restrict participant privileges as
18necessary to maintain discipline.
SB345, s. 84
19Section
84. 302.045 (2) (cm) of the statutes is created to read:
SB345,28,2220
302.045
(2) (cm) If the inmate is serving a bifurcated sentence imposed under
21s. 973.01, the sentencing court decided under s. 973.01 (3m) that the inmate is
22eligible for the challenge incarceration program.
SB345, s. 85
23Section
85. 302.045 (3) of the statutes is amended to read:
SB345,29,524
302.045
(3) Parole eligibility. Except as provided in sub. (4), if the department
25determines that an inmate has successfully completed the challenge incarceration
1program, the parole commission shall parole the inmate under s. 304.06, regardless
2of the time the inmate has served
, unless the person is serving a sentence imposed
3under s. 973.01. When the parole commission grants parole under this subsection,
4it must require the parolee to participate in an intensive supervision program for
5drug abusers as a condition of parole.
SB345, s. 86
6Section
86. 302.045 (3m) of the statutes is created to read:
SB345,29,117
302.045
(3m) Release to extended supervision. (a) Except as provided in sub.
8(4), if the department determines that an inmate serving the term of confinement in
9prison portion of a bifurcated sentence imposed under s. 973.01 has successfully
10completed the challenge incarceration program, the department shall inform the
11court that sentenced the inmate.
SB345,29,1512
(b) Upon being informed by the department under par. (a) that an inmate whom
13the court sentenced under s. 973.01 has successfully completed the challenge
14incarceration program, the court shall modify the inmate's bifurcated sentence as
15follows:
SB345,29,1916
1. The court shall reduce the term of confinement in prison portion of the
17inmate's bifurcated sentence in a manner that provides for the release of the inmate
18to extended supervision within 30 days of the date on which the court receives the
19information from the department under par. (a).
SB345,29,2120
2. The court shall lengthen the term of extended supervision imposed so that
21the total length of the bifurcated sentence originally imposed does not change.
SB345,29,2322
(c) The court may not increase the total length of the bifurcated sentence when
23modifying a bifurcated sentence under par. (b).
SB345, s. 87
24Section
87. 302.045 (4) of the statutes is amended to read:
SB345,30,3
1302.045
(4) Intensive sanctions program participants. The department may
2place any intensive sanctions program participant in the challenge incarceration
3program. The participant is not subject to subs. (2)
and
, (3)
and (3m).
SB345, s. 88
4Section
88. 302.11 (1) of the statutes is amended to read:
SB345,30,105
302.11
(1) The warden or superintendent shall keep a record of the conduct of
6each inmate, specifying each infraction of the rules. Except as provided in subs. (1g),
7(1m),
(1z), (7) and (10), each inmate is entitled to mandatory release on parole by the
8department. The mandatory release date is established at two-thirds of the
9sentence. Any calculations under this subsection or sub. (2) (b) resulting in fractions
10of a day shall be rounded in the inmate's favor to a whole day.
SB345, s. 89
11Section
89. 302.11 (1g) (am) of the statutes is amended to read:
SB345,30,1412
302.11
(1g) (am) The mandatory release date established in sub. (1) is a
13presumptive mandatory release date for an inmate who is serving a sentence for a
14serious felony committed on or after April 21, 1994
, but before July 1, 1999.
SB345, s. 90
15Section
90. 302.11 (1i) of the statutes is amended to read:
SB345,30,1916
302.11
(1i) An Except as provided in sub. (1z), an inmate serving a sentence to
17the intensive sanctions program is entitled to mandatory release. The mandatory
18release date under sub. (1) is established at two-thirds of the sentence under s.
19973.032 (3) (a).
SB345, s. 91
20Section
91. 302.11 (1p) of the statutes is amended to read:
SB345,30,2321
302.11
(1p) An inmate serving a term subject to s. 961.49 (2)
for a crime
22committed before July 1, 1999, is entitled to mandatory release, except the inmate
23may not be released before he or she has complied with s. 961.49 (2).
SB345, s. 92
24Section
92. 302.11 (1z) of the statutes is created to read:
SB345,31,3
1302.11
(1z) An inmate who is sentenced to a term of confinement in prison
2under s. 973.01 for a felony that is committed on or after July 1, 1999, is not entitled
3to mandatory release on parole under this section.
SB345, s. 93
4Section
93. 302.11 (6) of the statutes is amended to read:
SB345,31,135
302.11
(6) Any inmate released on parole under sub. (1) or (1g) (b) or s. 304.02
6or 304.06 (1) is subject to all conditions and rules of parole until the expiration of the
7sentence or until he or she is discharged by the department. Except as provided in
8ch. 304, releases from prison shall be on the Tuesday or Wednesday preceding the
9release date. The department may discharge a parolee on or after his or her
10mandatory release date or after 2 years of supervision. Any inmate sentenced to the
11intensive sanctions program who is released on parole under sub. (1) or s. 304.02 or
12304.06 (1) remains in the program unless discharged by the department under s.
13301.048 (6)
(a).
SB345, s. 94
14Section
94. 302.11 (9) of the statutes is amended to read:
SB345,31,1715
302.11
(9) Except as provided in
sub.
subs. (1g) (am)
and (1z), this section
16applies to persons committing offenses occurring on or after June 1, 1984, or persons
17filing requests in accordance with
1983 Wisconsin Act 528, section
29 (2) or (3).
SB345, s. 95
18Section
95. 302.113 of the statutes is created to read:
SB345,31,21
19302.113 Release to extended supervision for felony offenders not
20serving life sentences. (1) An inmate is subject to this section if he or she is
21serving a bifurcated sentence imposed under s. 973.01.
SB345,31,25
22(2) Except as provided in subs. (3) and (9), an inmate subject to this section is
23entitled to release to extended supervision after he or she has served the term of
24confinement in prison portion of the sentence imposed under s. 973.01, as modified
25by the sentencing court under s. 302.045 (3m) (b) 1., if applicable.
SB345,32,5
1(3) (a) The warden or superintendent shall keep a record of the conduct of each
2inmate subject to this section, specifying each infraction of the rules. If an inmate
3subject to this section violates any regulation of the prison or refuses or neglects to
4perform required or assigned duties, the department may extend the term of
5confinement in prison portion of the inmate's bifurcated sentence as follows:
SB345,32,66
1. 10 days for the first offense.
SB345,32,77
2. 20 days for the 2nd offense.
SB345,32,88
3. 40 days for the 3rd or each subsequent offense.
SB345,32,159
(b) In addition to the sanctions under par. (a), if an inmate subject to this section
10is placed in adjustment, program or controlled segregation status, the department
11may extend his or her term of confinement in prison portion of the bifurcated
12sentence by a number of days equal to 50% of the number of days spent in segregation
13status. In administering this paragraph, the department shall use the definition of
14adjustment, program or controlled segregation status under departmental rules in
15effect at the time an inmate is placed in that status.
SB345,32,1816
(c) No extension of a term of confinement in prison under this subsection may
17require an inmate to serve more days in prison than the total length of the bifurcated
18sentence imposed under s. 973.01.
SB345,32,2119
(d) If the term of confinement in prison portion of a bifurcated sentence is
20increased under this subsection, the term of extended supervision is reduced so that
21the total length of the bifurcated sentence does not change.
SB345,32,24
22(4) All consecutive sentences shall be computed as one continuous sentence.
23The person shall serve any term of extended supervision after serving all terms of
24confinement in prison.
SB345,33,2
1(5) An inmate may waive entitlement to release to extended supervision if the
2department agrees to the waiver.
SB345,33,8
3(6) Before a person is released to extended supervision under this section, the
4department shall notify the municipal police department and the county sheriff for
5the area where the person will be residing. The notification requirement does not
6apply if a municipal department or county sheriff submits to the department a
7written statement waiving the right to be notified. If applicable, the department
8shall also comply with s. 304.063.
SB345,33,14
9(7) Any inmate released to extended supervision under this section is subject
10to all conditions and rules of extended supervision until the expiration of the term
11of extended supervision portion of the bifurcated sentence. The department may set
12conditions of extended supervision in addition to any conditions of extended
13supervision set by the court under s. 973.01 (5) if the conditions set by the department
14do not conflict with the court's conditions.
SB345,33,17
15(8) Releases to extended supervision from prison shall be on the Tuesday or
16Wednesday preceding the date on which he or she completes the term of
17imprisonment.
SB345,34,3
18(9) (a) If a person released to extended supervision under this section violates
19a condition of extended supervision, the division of hearings and appeals in the
20department of administration, upon proper notice and hearing, or the department
21of corrections, if the person on extended supervision waives a hearing, may revoke
22the extended supervision of the person and return the person to prison. If the person
23is returned to prison, he or she shall be returned to prison for any specified period
24of time that does not exceed the time remaining on the bifurcated sentence. The time
25remaining on the bifurcated sentence is the total length of the bifurcated sentence,
1less time served by the person in custody before release to extended supervision. The
2revocation order shall provide the person on extended supervision with credit in
3accordance with ss. 304.072 and 973.155.
SB345,34,84
(b) A person who is returned to prison after revocation of extended supervision
5shall be incarcerated for the entire period of time specified by the department of
6corrections in the case of a waiver or by the division of hearings and appeals in the
7department of administration in the case of a hearing under par. (a). The period of
8time specified under par. (a) may be extended in accordance with sub. (3).
SB345,34,149
(c) A person who is subsequently released to extended supervision after service
10of the period of time specified by the department of corrections in the case of a waiver
11or by the division of hearings and appeals in the department of administration in the
12case of a hearing under par. (a) is subject to all conditions and rules under sub. (7)
13until the expiration of the term of extended supervision portion of the bifurcated
14sentence.
SB345,34,16
15(10) The department may promulgate rules establishing guidelines and
16criteria for the exercise of discretion under this section.
SB345, s. 96
17Section
96. 302.114 of the statutes is created to read:
SB345,34,22
18302.114 Petition for release and release to extended supervision for
19felony offenders serving life sentences. (1) An inmate is subject to this section
20if he or she is serving a life sentence imposed under s. 973.014 (1g) (a) 1. or 2. An
21inmate serving a life sentence under s. 939.62 (2m) or 973.014 (1g) (a) 3. is not eligible
22for release to extended supervision under this section.
SB345,35,2
23(2) Except as provided in subs. (3) and (9), an inmate subject to this section may
24petition the sentencing court for release to extended supervision after he or she has
25served 20 years, if the inmate was sentenced under s. 973.014 (1g) (a) 1., or after he
1or she has reached the extended supervision eligibility date set by the court, if the
2inmate was sentenced under s. 973.014 (1g) (a) 2.
SB345,35,8
3(3) (a) The warden or superintendent shall keep a record of the conduct of each
4inmate subject to this section, specifying each infraction of the rules. If any inmate
5subject to this section violates any regulation of the prison or refuses or neglects to
6perform required or assigned duties, the department may extend the extended
7supervision eligibility date set under s. 973.014 (1g) (a) 1. or 2., whichever is
8applicable, as follows:
SB345,35,99
1. 10 days for the first offense.
SB345,35,1010
2. 20 days for the 2nd offense.
SB345,35,1111
3. 40 days for the 3rd or each subsequent offense.
SB345,35,1812
(b) In addition to the sanctions under par. (a), if an inmate subject to this section
13is placed in adjustment, program or controlled segregation status, the department
14may extend the extended supervision eligibility date set under s. 973.014 (1g) (a) 1.
15or 2., whichever is applicable, by a number of days equal to 50% of the number of days
16spent in segregation status. In administering this paragraph, the department shall
17use the definition of adjustment, program or controlled segregation status under
18departmental rules in effect at the time an inmate is placed in that status.
SB345,35,21
19(4) All consecutive sentences shall be computed as one continuous sentence.
20An inmate subject to this section shall serve any term of extended supervision after
21serving all terms of confinement in prison.
SB345,36,3
22(5) (a) An inmate subject to this section who is seeking release to extended
23supervision shall file a petition for release to extended supervision with the court
24that sentenced him or her. An inmate may not file an initial petition under this
25paragraph earlier than 90 days before his or her extended supervision eligibility
1date. If an inmate files an initial petition for release to extended supervision at any
2time earlier than 90 days before his or her extended supervision eligibility date, the
3court shall deny the petition without a hearing.
SB345,36,74
(am) The inmate shall serve a copy of a petition for release to extended
5supervision on the district attorney's office that prosecuted him or her, and the
6district attorney shall file a written response to the petition within 45 days after the
7date he or she receives the petition.
SB345,36,138
(b) After reviewing a petition for release to extended supervision and the
9district attorney's response to the petition, the court shall decide whether to hold a
10hearing on the petition or, if it does not hold a hearing, whether to grant or deny the
11petition without a hearing. If the court decides to hold a hearing under this
12paragraph, the hearing shall be before the court without a jury. The office of the
13district attorney that prosecuted the inmate shall represent the state at the hearing.
SB345,36,1914
(c) Before deciding whether to grant or deny the inmate's petition, the court
15shall allow a victim or family member of a homicide victim to make a statement or
16submit a statement concerning the release of the inmate to extended supervision.
17The court may allow any other person to make or submit a statement under this
18paragraph. Any statement under this paragraph must be relevant to the release of
19the inmate to extended supervision.
SB345,36,2220
(cm) A court may not grant an inmate's petition for release to extended
21supervision unless the inmate proves, by clear and convincing evidence, that he or
22she is not a danger to the public.
SB345,36,2423
(d) If the court grants the inmate's petition for release to extended supervision,
24the court may impose conditions on the term of extended supervision.
SB345,37,6
1(e) If the court denies the inmate's petition for release to extended supervision,
2the court shall specify the date on which the inmate may file a subsequent petition
3under this section. An inmate may file a subsequent petition at any time on or after
4the date specified by the court, but if the inmate files a subsequent petition for release
5to extended supervision before the date specified by the court, the court may deny
6the petition without a hearing.