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.
SB345,37,107
(f) An inmate may appeal an order denying his or her petition for release to
8extended supervision. In an appeal under this paragraph, the appellate court shall
9determine whether the court properly exercised its discretion in denying the petition
10for release to extended supervision.
SB345,37,11
11(6) (a) In this subsection:
SB345,37,1312
1. "Member of the family" means spouse, child, sibling, parent or legal
13guardian.
SB345,37,1414
2. "Victim" means a person against whom a crime has been committed.
SB345,37,2215
(b) If an inmate petitions a court under sub. (5) or (9) (bm) for release to
16extended supervision under this section, the clerk of the circuit court in which the
17petition is filed shall send a copy of the petition and, if a hearing is scheduled, a notice
18of hearing to the victim of the crime committed by the inmate or, if the victim died
19as a result of the crime, an adult member of the victim's family or, if the victim is
20younger than 18 years old, the victim's parent or legal guardian, if the victim, adult
21family member or parent or legal guardian has submitted a card under par. (e)
22requesting notification.
SB345,38,223
(c) The notice under par. (b) shall inform the persons under par. (b) that they
24may appear at the hearing under sub. (5) or (9) (bm), if a hearing is scheduled, and
1shall inform them of the manner in which they may provide written statements
2concerning the inmate's petition for release to extended supervision.
SB345,38,73
(d) The clerk of the circuit court shall make a reasonable effort to send a copy
4of the inmate's petition to the last-known address of the persons under par. (b) within
57 days of the date on which the petition is filed and shall make a reasonable effort
6to send the notice of hearing, if a hearing is scheduled, to the last-known address of
7the persons under par. (b), postmarked at least 10 days before the date of the hearing.
SB345,38,188
(e) The director of state courts shall design and prepare cards for a person
9specified under par. (b) to send to the clerk of the circuit court in which the inmate
10is convicted and sentenced. The cards shall have space for any such person to provide
11his or her name and address, the name of the applicable inmate and any other
12information the director of state courts determines is necessary. The director of state
13courts shall provide the cards, without charge, to clerks of circuit court. Clerks of
14circuit court shall provide the cards, without charge, to persons specified in par. (b).
15These persons may send completed cards to the clerk of the circuit court in which the
16inmate was convicted and sentenced. All court records or portions of records that
17relate to mailing addresses of these persons are not subject to inspection or copying
18under s. 19.35 (1).
SB345,38,24
19(7) Before a person is released to extended supervision under this section, the
20department shall notify the municipal police department and the county sheriff for
21the area where the person will be residing. The notification requirement does not
22apply if a municipal department or county sheriff submits to the department a
23written statement waiving the right to be notified. If applicable, the department
24shall also comply with s. 304.063.
SB345,39,5
1(8) Any inmate released to extended supervision under this section is subject
2to all conditions and rules of extended supervision. The department may set
3conditions of extended supervision in addition to any conditions of extended
4supervision set by the court under sub. (5) (d) if the conditions set by the department
5do not conflict with the court's conditions.
SB345,39,12
6(9) (a) If a person released to extended supervision under this section violates
7a condition of extended supervision, the division of hearings and appeals in the
8department of administration, upon proper notice and hearing, or the department
9of corrections, if the person on extended supervision waives a hearing, may revoke
10the extended supervision of the person and return the person to prison. If the person
11is returned to prison, he or she shall be returned to prison for a specified period of
12time, as provided under par. (b).
SB345,39,1913
(b) If a person is returned to prison under par. (a) after revocation of extended
14supervision, the department of corrections in the case of a waiver or the division of
15hearings and appeals in the department of administration in the case of a hearing
16under par. (a) shall specify a period of time for which the person shall be incarcerated
17before being eligible for release to extended supervision. The period of time specified
18under this paragraph may not be less than 5 years and may be extended in
19accordance with sub. (3).
SB345,40,420
(bm) A person who is returned to prison under par. (a) after revocation of
21extended supervision may, upon petition to the sentencing court, be released to
22extended supervision after he or she has served the entire period of time specified
23in par. (b), including any periods of extension imposed under sub. (3). A person may
24not file a petition under this paragraph earlier than 90 days before the date on which
25he or she is eligible to be released to extended supervision. If a person files a petition
1for release to extended supervision under this paragraph at any time earlier than 90
2days before the date on which he or she is eligible to be released to extended
3supervision, the court shall deny the petition without a hearing. The procedures
4specified in sub. (5) (am) to (f) apply to a petition filed under this paragraph.
SB345,40,75
(c) A person who is released to extended supervision after filing a petition under
6par. (bm) is subject to all conditions and rules under sub. (8) until the expiration of
7the sentence.
SB345,40,9
8(10) The department may promulgate rules establishing guidelines and
9criteria for the exercise of discretion under this section.
SB345, s. 97
10Section
97. 302.14 of the statutes is amended to read:
SB345,40,19
11302.14 (title)
Property of deceased inmates, parolees or, probationers
12or persons on extended supervision, disposition. When an inmate of a prison
13or, a parolee of an institution
, a person on extended supervision or a person on
14probation to the department dies leaving an estate of $150 or less in the trust of the
15warden, superintendent or secretary, the warden, superintendent or secretary shall
16try to determine whether or not the estate is to be probated. If probate proceedings
17are not commenced within 90 days, the warden, superintendent or secretary shall
18turn over the money or securities to the nearest of kin as evidenced by the records
19of the institution and the department.
SB345, s. 98
20Section
98. 302.17 (2) of the statutes is amended to read:
SB345,40,2521
302.17
(2) The department shall make entries on the register to reflect the
22progress made by each inmate while incarcerated and the inmate's release on parole
23or extended supervision, condition at the time of
release on parole
or extended
24supervision and progress made while on parole
or extended supervision. This
25subsection does not apply to inmates subject to an order under s. 48.366.
SB345, s. 99
1Section
99. 302.25 (4) (c) of the statutes is amended to read:
SB345,41,102
302.25
(4) (c) Inmates confined in an institution pursuant to the terms of this
3compact shall at all times be subject to the jurisdiction of the sending state and may
4at any time be removed therefrom for transfer to a prison or other institution within
5the sending state, for transfer to another institution in which the sending state may
6have a contractual or other right to confine inmates, for release on probation
,
7extended supervision or parole, for discharge, or for any other purpose permitted by
8the laws of the sending state; provided, that the sending state shall continue to be
9obligated to such payments as may be required pursuant to the terms of any contract
10entered into under the terms of sub. (3).
SB345, s. 100
11Section
100. 302.33 (2) (a) (intro.) of the statutes is amended to read:
SB345,41,1512
302.33
(2) (a) (intro.) The department shall pay for the maintenance of persons
13in its custody who are placed in the county jail or other county facility, or in a tribal
14jail under s. 302.445, pending disposition of parole
, extended supervision or
15probation revocation proceedings subject to the following conditions:
SB345, s. 101
16Section
101. 302.33 (2) (b) of the statutes is amended to read:
SB345,41,2017
302.33
(2) (b) This subsection applies only to probationers
or, parolees
or
18persons on extended supervision who were placed on that status in connection with
19a conviction for a felony. This subsection applies only to confinements initiated after
20July 2, 1983.
SB345, s. 102
21Section
102. 302.335 (title) of the statutes is amended to read:
SB345,41,23
22302.335 (title)
Restrictions on detaining probationers and, parolees
23and persons on extended supervision in county or tribal jail.
SB345, s. 103
24Section
103. 302.335 (2) (intro.) of the statutes is amended to read:
SB345,42,4
1302.335
(2) (intro.) If a probationer
or, parolee
or person on extended
2supervision is detained in a county jail or other county facility, or in a tribal jail under
3s. 302.445, pending disposition of probation
or, parole
or extended supervision 4revocation proceedings, the following conditions apply:
SB345, s. 104
5Section
104. 302.335 (2) (a) (intro.) of the statutes is amended to read:
SB345,42,136
302.335
(2) (a) (intro.) The department shall begin a preliminary revocation
7hearing within 15 working days after the probationer
or
, parolee
or person on
8extended supervision is detained in the county jail, other county facility or the tribal
9jail. The department may extend, for cause, this deadline by not more than 5
10additional working days upon written notice to the probationer
or, parolee
or person
11on extended supervision and the sheriff, the tribal chief of police or other person in
12charge of the county facility. This paragraph does not apply under any of the
13following circumstances:
SB345, s. 105
14Section
105. 302.335 (2) (a) 1. of the statutes is amended to read:
SB345,42,1615
302.335
(2) (a) 1. The probationer
or
, parolee
or person on extended supervision 16has waived, in writing, the right to a preliminary hearing.
SB345, s. 106
17Section
106. 302.335 (2) (a) 2. of the statutes is amended to read:
SB345,42,1918
302.335
(2) (a) 2. The probationer
or
, parolee
or person on extended supervision 19has given and signed a written statement that admits the violation.
SB345, s. 107
20Section
107. 302.335 (2) (a) 3. of the statutes is amended to read:
SB345,42,2421
302.335
(2) (a) 3. There has been a finding of probable cause in a felony criminal
22action and the probationer
or, parolee
or person on extended supervision is bound
23over for trial for the same or similar conduct that is alleged to be a violation of
24supervision.
SB345, s. 108
25Section
108. 302.335 (2) (b) of the statutes is amended to read:
SB345,43,8
1302.335
(2) (b) The division shall begin a final revocation hearing within 50
2calendar days after the person is detained in the county jail, other county facility or
3the tribal jail. The department may request the division to extend this deadline by
4not more than 10 additional calendar days, upon notice to the probationer
or, parolee
5or person on extended supervision, the sheriff, the tribal chief of police or other
6person in charge of the facility, and the division. The division may grant the request.
7This paragraph does not apply if the probationer
or, parolee
or person on extended
8supervision has waived the right to a final revocation hearing.
SB345, s. 109
9Section
109. 302.335 (3) of the statutes is amended to read:
SB345,43,1310
302.335
(3) If there is a failure to begin a hearing within the time requirements
11under sub. (2), the sheriff, the tribal chief of police or other person in charge of a
12county facility shall notify the department at least 24 hours before releasing a
13probationer
or, parolee
or person on extended supervision under this subsection.
SB345, s. 110
14Section
110. 302.335 (4) of the statutes is amended to read:
SB345,43,1915
302.335
(4) This section applies to probationers
or, parolees
or persons on
16extended supervision who begin detainment in a county jail, other county facility or
17a tribal jail on or after July 1, 1990, except that this section does not apply to any
18probationer
or, parolee
or person on extended supervision who is in the county jail,
19other facility or the tribal jail and serving a sentence.
SB345, s. 111
20Section
111. 303.065 (1) of the statutes is renumbered 303.065 (1) (a) and
21amended to read:
SB345,43,2422
303.065
(1) (a)
The Except as provided in par. (b), the department may grant
23work release privileges to any person incarcerated within the state prisons
, except
24that no.
SB345,44,5
1(b) 1. A person serving a life sentence
, other than a life sentence specified in
2subd. 2., may be considered for work release
until
only after he or she has reached
3parole eligibility under s. 304.06 (1) (b) or 973.014 (1) (a) or (b), whichever is
4applicable,
and no or he or she has reached his or her extended supervision eligibility
5date under s. 302.114 (9) (b) or 973.014 (1g) (a) 1. or 2., whichever is applicable.
SB345,44,7
62. A person serving a life sentence under s. 939.62 (2m) or 973.014 (1) (c)
or (1g)
7(a) 3. may
not be considered for work release.