LRB-3968/1
JEO:kaf:km
1997 - 1998 LEGISLATURE
November 6, 1997 - Introduced by Senator Burke, cosponsored by Representatives
Huber and Murat. Referred to Committee on Judiciary, Campaign Finance
Reform and Consumer Affairs.
SB345,3,2
1An Act to renumber and amend 301.048 (6) and 303.065 (1);
to amend 19.85
2(1) (d), 20.410 (1) (b), 20.410 (1) (bn), 20.410 (1) (d), 20.410 (1) (g), 20.410 (1) (gb),
320.410 (1) (gc), 20.410 (1) (ge), 20.410 (1) (gf), 46.21 (1) (d), 46.23 (2) (a), 46.48
4(8) (d) 1., 48.78 (2) (d) 5., 51.15 (1) (b) 2., 51.20 (1) (ar) (intro.), 51.20 (13) (g) 2m.,
551.30 (4) (b) 10. (intro.), 51.30 (4) (b) 10. a., 51.30 (4) (b) 10. b., 51.30 (4) (b) 10.
6d., 51.37 (8) (a), 51.37 (8) (b), 51.37 (11), 106.215 (8g) (b), 111.32 (3), 132.13 (1)
7(a), 165.76 (1) (a), 165.76 (1) (e), 165.76 (2) (b) 1., 165.76 (2) (b) 2., 165.76 (2) (b)
83m., 165.76 (2) (b) 5., 165.76 (2) (b) 6., 165.84 (5), 227.03 (4), 230.36 (1), 230.36
9(3) (c) (intro.), 230.36 (3) (c) 2., 230.36 (3) (c) 3., 301.03 (2r), 301.03 (3), 301.03
10(3g), 301.046 (3) (intro.), 301.048 (1) (a), 301.048 (2) (b), 301.048 (2) (d), 301.048
11(4) (a), 301.048 (4) (am), 301.048 (4m) (b) (intro.), 301.048 (4m) (b) 1., 301.048
12(4m) (b) 2., 301.049 (2) (a) 2., 301.049 (3) (e), 301.08 (1) (c) 1. a., 301.08 (1) (c)
131. b., 301.08 (1) (c) 2., 301.132 (2), 301.132 (3), 301.21 (1) (h), 301.32 (3) (a),
14301.32 (3) (b), 301.38 (1) (am), 301.45 (1) (b), 301.45 (1) (bm), 301.45 (1) (dh),
15301.45 (2) (a) 4. b., 301.45 (2) (e) 1., 301.45 (2) (e) 2., 301.45 (3) (a) 1m., 301.45
16(3) (a) 2., 301.45 (3) (b) 2., 301.45 (3) (b) 4., 301.45 (5) (a) 1m., 301.46 (2) (b) 4.
17b., 302.045 (1), 302.045 (3), 302.045 (4), 302.11 (1), 302.11 (1g) (am), 302.11 (1i),
1302.11 (1p), 302.11 (6), 302.11 (9), 302.14, 302.17 (2), 302.25 (4) (c), 302.33 (2)
2(a) (intro.), 302.33 (2) (b), 302.335 (title), 302.335 (2) (intro.), 302.335 (2) (a)
3(intro.), 302.335 (2) (a) 1., 302.335 (2) (a) 2., 302.335 (2) (a) 3., 302.335 (2) (b),
4302.335 (3), 302.335 (4), 303.21 (1) (a), 303.215, 304.02 (3) (c), 304.02 (4), 304.02
5(5), 304.06 (1) (b), 304.06 (1y), 304.062 (title), 304.062 (1), 304.062 (2), 304.063
6(title), 304.063 (2) (intro.), 304.063 (3), 304.071 (2), 304.072 (title), 304.072 (1),
7304.072 (2), 304.072 (3), 304.072 (4), 304.073 (2), 304.074 (title), 304.074 (2),
8304.074 (3) (intro.), 304.074 (3) (d), 304.074 (4), 304.075, 304.13 (1) (intro.),
9304.13 (2), 304.13 (3), 304.13 (7), 304.13 (8) (b), 304.135, 304.137, 304.14, 343.06
10(1) (i), 343.30 (2d), 563.14 (2), 563.27 (1), 563.51 (29) (b), 801.50 (5), 938.183 (2)
11(b), 938.78 (2) (d) 5., 938.991 (1), 938.991 (3) (c), 938.991 (5) (a), 938.991 (5) (am),
12938.991 (6), 938.991 (7) (title), 938.991 (7) (a), 938.991 (7) (b), 938.991 (7) (c),
13938.991 (14), 938.993 (2), 939.62 (2m) (b), 940.20 (2m) (title), 940.20 (2m) (a) 2.,
14940.20 (2m) (b), 942.06 (2m) (a), 942.06 (2q) (a) (intro.), 946.42 (1) (a), 946.46,
15950.045, 961.49 (2) (a), 961.49 (2) (b), 969.01 (4), 971.11 (1), 972.13 (6), 972.15
16(5) (intro.), 973.013 (1) (b), 973.013 (2), 973.0135 (2) (intro.), 973.014 (title),
17973.014 (1) (intro.), 973.014 (1) (c), 973.014 (2), 973.02, 973.032 (1), 973.032 (5),
18973.10 (1), 973.15 (1), 973.15 (2) (b), 973.15 (6), 973.155 (1) (b), 973.155 (2),
19973.155 (5), 973.20 (1r), 973.20 (10), 975.10 (1), 976.03 (3), 976.03 (13), 976.03
20(22), 976.03 (23) (b), 976.03 (27) (a), 976.05 (3) (a), 976.05 (4) (b), 977.05 (6) (h)
21(intro.), 977.05 (6) (h) 1., 977.05 (6) (h) 2., 978.07 (1) (c) 1., 980.015 (2) (a), 980.02
22(1) (b) 2., 980.02 (2) (ag) and 980.02 (4) (am); and
to create 46.03 (7) (e), 301.03
23(13), 301.046 (3t), 301.048 (2) (cm), 301.048 (2m), 301.048 (6) (b), 301.35 (2)
24(bm), 302.045 (2) (cm), 302.045 (3m), 302.11 (1z), 302.113, 302.114, 304.02 (6),
25972.15 (2c), 973.01 and 973.014 (1g) of the statutes;
relating to: sentences for
1felony offenses, parole, extended supervision and granting rule-making
2authority.
Analysis by the Legislative Reference Bureau
This bill makes changes in the structure of sentences for felony offenses and
establishes a criminal code study committee. Specifically, the bill does the following:
Sentences for felony offenses
Currently, a person serving a sentence of imprisonment to a state prison
usually has 3 possible ways of being released on parole: discretionary parole granted
by the parole commission (for which a person is usually eligible after serving 25% of
the sentence or 6 months, whichever is greater); mandatory release on parole
(usually granted automatically after the person serves two-thirds of the sentence);
or special action parole release by the secretary of corrections (a program designed
to relieve prison crowding).
However, current law also provides different parole eligibility provisions for
certain serious felony offenders. If a serious felony offender has one or more prior
convictions for a serious felony, a judge may set a discretionary parole eligibility date
for the offender that is later than 25% of the sentence or 6 months but not later than
the mandatory release date of two-thirds of the sentence. In addition, certain
serious felony offenders need not be automatically released when they reach their
mandatory release dates. Instead, the parole commission may deny mandatory
release to such an offender in order to protect the public or because the offender
refused to participate in counseling or treatment. The serious felony offenders
covered by these parole provisions include persons convicted of serious violations
such as homicide, battery, sexual assault, mayhem, kidnapping, taking hostages,
arson, armed burglary, armed robbery, carjacking, assault by a prisoner, crimes
against children and controlled substances.
Under this bill, if a court chooses to sentence a felony offender to a term of
imprisonment in state prison for a felony committed on or after July 1, 1999, the court
must do so by providing a bifurcated sentence that includes a term of confinement
in prison followed by a term of supervision in the community (called "extended
supervision"). A person given a bifurcated sentence is not eligible for parole. A
bifurcated sentence imposed under the bill must be structured as follows:
1. The total length of the bifurcated sentence may not exceed the maximum
term of imprisonment allowable for the felony.
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
1Section
1. 19.85 (1) (d) of the statutes is amended to read:
SB345,5,42
19.85
(1) (d) Except as provided by rule promulgated under s. 304.06 (1) (em),
3considering specific applications of probation
, extended supervision or parole, or
4considering strategy for crime detection or prevention.
SB345, s. 2
5Section
2. 20.410 (1) (b) of the statutes is amended to read:
SB345,6,4
120.410
(1) (b)
Field supervision. The amounts in the schedule to provide
2services related to probation
, extended supervision and parole. No payments may be
3made under this paragraph for payments in accordance with other states party to the
4interstate corrections compact under s. 302.25.
SB345, s. 3
5Section
3. 20.410 (1) (bn) of the statutes is amended to read:
SB345,6,106
20.410
(1) (bn) (title)
Reimbursing counties for probation, extended supervision
7and parole holds. The amounts in the schedule for payments to counties under s.
8302.33 (2) (a) for costs relating to maintaining persons in custody pending the
9disposition of their parole
, extended supervision or probation revocation
10proceedings.
SB345, s. 4
11Section
4. 20.410 (1) (d) of the statutes is amended to read:
SB345,6,1612
20.410
(1) (d)
Purchased services for offenders. The amounts in the schedule
13for the purchase of goods, care and services, authorized under s. 301.08 (1) (b) 1., for
14probationers, parolees
, persons on extended supervision and other offenders, except
15as provided in par. (dd). In addition, funds from this appropriation shall be used to
16reimburse programs under s. 38.04 (12).
SB345, s. 5
17Section
5. 20.410 (1) (g) of the statutes is amended to read:
SB345,6,2218
20.410
(1) (g) (title)
Loan fund for persons on probation, extended supervision
19or parole. The amounts in the schedule for the purposes specified in ss. 301.32 (3)
20and 304.075. All moneys received belonging to absconding probationers
and, 21parolees
, and persons on extended supervision under ss. 301.32 (3) and 304.075 shall
22be credited to this appropriation.
SB345, s. 6
23Section
6. 20.410 (1) (gb) of the statutes is amended to read:
SB345,7,324
20.410
(1) (gb)
Drug testing. All moneys received from probation
, extended
25supervision and parole clients who are required to pay for their drug testing, as
1prescribed by rule in accordance with s. 301.03 (3), for expenditures related to the
2drug testing program for probationers
and, parolees
and persons on extended
3supervision under s. 301.03 (3).
SB345, s. 7
4Section
7. 20.410 (1) (gc) of the statutes is amended to read:
SB345,7,95
20.410
(1) (gc)
Sex offender honesty testing. All moneys received from
6probation
, extended supervision and parole clients who are required to pay for
7polygraph examinations, as prescribed by rule in accordance with s. 301.132 (3), for
8expenditures related to the lie detector test program for probationers
, extended
9supervision and parolees under s. 301.132.
SB345, s. 8
10Section
8. 20.410 (1) (ge) of the statutes is amended to read:
SB345,7,1611
20.410
(1) (ge)
Administrative and minimum supervision. The amounts in the
12schedule for the supervision of probationers
and, parolees
and persons on extended
13supervision under minimum or administrative supervision and for the department's
14costs associated with contracts under s. 301.08 (1) (c) 2. All moneys received from
15vendors under contracts under s. 301.08 (1) (c) 2. and from fees charged under s.
16304.073 (2) shall be credited to this appropriation account.
SB345, s. 9
17Section
9. 20.410 (1) (gf) of the statutes is amended to read:
SB345,7,2018
20.410
(1) (gf)
Probation, extended supervision and parole. The amounts in the
19schedule for probation
, extended supervision and parole. All moneys received under
20s. 304.074 (2) shall be credited to this appropriation account.
SB345, s. 10
21Section
10. 46.03 (7) (e) of the statutes is created to read:
SB345,8,222
46.03
(7) (e) As part of its biennial budget request under s. 16.42, submit a
23request for funding for child abuse prevention efforts in an amount equal to or
24greater than 1% of the total proposed budget of the department of corrections for the
1same biennium, as indicated by the estimate provided by the department of
2corrections under s. 301.03 (13).
SB345, s. 11
3Section
11. 46.21 (1) (d) of the statutes is amended to read:
SB345,8,104
46.21
(1) (d) "Human services" means the total range of services to people,
5including mental illness treatment, developmental disabilities services, physical
6disabilities services, relief funded by a relief block grant under ch. 49, income
7maintenance, youth probation
, extended supervision and parole services, alcohol
8and drug abuse services, services to children, youth and families, family counseling,
9exceptional educational services for children from birth to the age of 3 and manpower
10services.
SB345, s. 12
11Section
12. 46.23 (2) (a) of the statutes is amended to read:
SB345,8,1712
46.23
(2) (a) "Human services" means the total range of services to people
13including, but not limited to, health care, mental illness treatment, developmental
14disabilities services, relief funded by a block grant under ch. 49, income
15maintenance, probation
, extended supervision and parole services, alcohol and drug
16abuse services, services to children, youth and aging, family counseling, exceptional
17educational services and manpower services.
SB345, s. 13
18Section
13. 46.48 (8) (d) 1. of the statutes is amended to read:
SB345,8,2319
46.48
(8) (d) 1. The use of liaisons to meet with prospective program
20participants to provide information about the program and to assist program
21participants, prior to their release on
extended supervision or parole, in planning for
22and obtaining the housing, employment, education and treatment that they will
23need upon release.
SB345, s. 14
24Section
14. 48.78 (2) (d) 5. of the statutes is amended to read:
SB345,9,2
148.78
(2) (d) 5. On parole under s. 302.11 or ch. 304
or on extended supervision
2under s. 302.113 or 302.114.
SB345, s. 15
3Section
15. 51.15 (1) (b) 2. of the statutes is amended to read:
SB345,9,84
51.15
(1) (b) 2. A specific recent overt act or attempt or threat to act or omission
5by the individual which is reliably reported to the officer or person by any other
6person, including any probation
, extended supervision and parole agent authorized
7by the department of corrections to exercise control and supervision over a
8probationer
or, parolee
or person on extended supervision.
SB345, s. 16
9Section
16. 51.20 (1) (ar) (intro.) of the statutes is amended to read:
SB345,9,2410
51.20
(1) (ar) (intro.) If the individual is an inmate of a state prison, the petition
11may allege that the inmate is mentally ill, is a proper subject for treatment and is
12in need of treatment. The petition shall allege that appropriate less restrictive forms
13of treatment have been attempted with the individual and have been unsuccessful
14and it shall include a description of the less restrictive forms of treatment that were
15attempted. The petition shall also allege that the individual has been fully informed
16about his or her treatment needs, the mental health services available to him or her
17and his or her rights under this chapter and that the individual has had an
18opportunity to discuss his or her needs, the services available to him or her and his
19or her rights with a licensed physician or a licensed psychologist. The petition shall
20include the inmate's sentence and his or her expected date of release as determined
21under s. 302.11
or 302.113, whichever is applicable. The petition shall have attached
22to it a signed statement by a licensed physician or a licensed psychologist of a state
23prison and a signed statement by a licensed physician or a licensed psychologist of
24a state treatment facility attesting either of the following:
SB345, s. 17
25Section
17. 51.20 (13) (g) 2m. of the statutes is amended to read:
SB345,10,4
151.20
(13) (g) 2m. In addition to the provisions under subds. 1., 2. and 2g., no
2commitment ordered under par. (a) 4. or 4m. may continue beyond the inmate's date
3of release
on parole or extended supervision, as determined under s. 302.11
or
4302.113, whichever is applicable.
SB345, s. 18
5Section
18. 51.30 (4) (b) 10. (intro.) of the statutes is amended to read:
SB345,10,176
51.30
(4) (b) 10. (intro.) To a correctional facility or to a probation
, extended
7supervision and parole agent who is responsible for the supervision of an individual
8who is receiving inpatient or outpatient evaluation or treatment under this chapter
9in a program that is operated by, or is under contract with, the department or a
10county department under s. 51.42 or 51.437, or in a treatment facility, as a condition
11of the probation
, extended supervision and parole supervision plan, or whenever
12such an individual is transferred from a state or local correctional facility to such a
13treatment program and is then transferred back to the correctional facility. Every
14probationer
or, parolee
or person on extended supervision who receives evaluation
15or treatment under this chapter shall be notified of the provisions of this subdivision
16by the individual's probation
, extended supervision and parole agent. Release of
17records under this subdivision is limited to: