SB77, s. 3852
6Section
3852. 301.263 (title) of the statutes is renumbered 46.263 (title).
SB77, s. 3853
7Section
3853. 301.263 (1) of the statutes is renumbered 46.263 (1) and
8amended to read:
SB77,1559,129
46.263
(1) From the appropriation under s.
20.410 20.435 (3) (f), the
10department shall distribute $3,750,000 in each year to counties for early
11intervention services
for first offenders and for intensive community-based
12intervention services
for seriously chronic offenders.
SB77, s. 3854
13Section
3854. 301.263 (2) of the statutes is renumbered 46.263 (2).
SB77, s. 3855
14Section
3855. 301.263 (3) of the statutes is renumbered 46.263 (3).
SB77, s. 3856
15Section
3856. 301.265 (2) of the statutes is amended to read:
SB77,1559,2016
301.265
(2) From the appropriation under s. 20.410 (3)
(p) (kp), the department
17shall allocate may not distribute more than $300,000 in each fiscal year to the
18organization that it has contracted with under sub. (1) for alcohol and other drug
19abuse education and treatment services for participants in that organization's youth
20diversion program.
SB77, s. 3857
21Section
3857. 301.32 (1) of the statutes is amended to read:
SB77,1560,1322
301.32
(1) Property delivered to steward; credit and debit. All money
23including wages and other property delivered to an officer or employe of any
24institution for the benefit of a prisoner or resident shall be delivered to the steward,
25who shall enter the property upon his or her books to the credit of the prisoner or
1resident. The property may be used only under the direction and with the approval
2of the superintendent or warden and for the crime victim and witness assistance
3surcharge under s. 973.045 (4),
the delinquency victim and witness assistance
4surcharge under s. 938.34 (8d) (c), the deoxyribonucleic acid analysis surcharge
5under s. 973.046 or the benefit of the prisoner or resident. If the money remains
6uncalled for for one year after the prisoner's or resident's death or departure from the
7institution, the superintendent shall deposit it in the general fund. If any prisoner
8or resident leaves property, other than money, uncalled for at an institution for one
9year, the superintendent shall sell the property and deposit the proceeds in the
10general fund. If any person satisfies the department, within 5 years after the deposit,
11of his or her right to the deposit, the department shall direct the department of
12administration to draw its warrant in favor of the claimant and it shall charge the
13same to the appropriation made by s. 20.913 (3) (bm).
SB77, s. 3858
14Section
3858. 301.32 (3) (a) of the statutes is amended to read:
SB77,1560,2015
301.32
(3) (a) All money or other property paid or delivered to a probation
,
16community supervision and parole agent or other employe of the department by or
17for the benefit of any person on probation
, community supervision or parole shall be
18immediately transmitted to the department and it shall enter the same upon its
19books to his or her credit. The property shall be used only under the direction of the
20department.
SB77, s. 3859
21Section
3859. 301.32 (3) (b) of the statutes is amended to read:
SB77,1560,2522
301.32
(3) (b) If the person on probation
, community supervision or parole
23absconds, the money shall be credited to the revolving fund created by s. 304.075; and
24other property if not called for within one year shall be sold by the department and
25the proceeds shall be credited to the fund.
SB77, s. 3860
1Section
3860. 301.35 (2) (bm) of the statutes is created to read:
SB77,1561,22
301.35
(2) (bm) A person on community supervision.
SB77, s. 3861
3Section
3861. 301.38 (1) (am) of the statutes is amended to read:
SB77,1561,74
301.38
(1) (am) "Prisoner" has the meaning given in s. 301.01 (2), but does not
5include any person in the intensive sanctions program under s. 301.048 or any person
6who is imprisoned as an alternative to the revocation of probation
, community
7supervision or parole.
SB77, s. 3862
8Section
3862. 301.38 (4) of the statutes is amended to read:
SB77,1561,209
301.38
(4) The department shall design and prepare cards for any person
10specified in sub. (2) to send to the department. The cards shall have space for any
11such person to provide his or her name, telephone number and mailing address, the
12name of the applicable prisoner and any other information that the department
13determines is necessary. The department shall provide the cards, without charge,
14to district attorneys. District attorneys shall provide the cards, without charge, to
15persons specified in sub. (2). These persons may send completed cards to the
16department. All department records or portions of records that relate to telephone
17numbers and mailing addresses of these persons are not subject to inspection or
18copying under s. 19.35 (1)
, but the department shall provide information from
19records kept under this subsection in response to a request for information made
20under s. 49.22 (2m).
SB77,1562,423
301.45
(1) (b) Is in prison, a secured correctional facility, as defined in s. 938.02
24(15m), or a secured child caring institution, as defined in s. 938.02 (15g), or on
25probation,
community supervision, parole, supervision or aftercare supervision on
1or after December 25, 1993, for any violation,
or for the solicitation, conspiracy or
2attempt to commit any violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02
3(1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30, or of s.
4940.30 or 940.31 if the victim was a minor and the person was not the victim's parent.
SB77,1562,147
301.45
(1) (bm) Is in prison, a secured correctional facility, as defined in s.
8938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or
9on probation,
community supervision, parole, supervision or aftercare supervision
10on or after December 25, 1993, for a violation, or for the solicitation, conspiracy or
11attempt to commit a violation, of a law of this state that is comparable to s. 940.22
12(2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06,
13948.07, 948.08, 948.11 or 948.30 or that is comparable to a violation of s. 940.30 or
14940.31 if the victim was a minor and the person was not the victim's parent.
SB77,1562,2317
301.45
(1) (dh) Is on parole
, community supervision or probation in this state
18from another state under s. 304.13 or 304.135 on or after December 25, 1993, for a
19violation, or for the solicitation, conspiracy or attempt to commit a violation, of the
20law of another state that is comparable to a violation of s. 940.22 (2), 940.225 (1), (2)
21or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08,
22948.11 or 948.30 or that is comparable to a violation of s. 940.30 or 940.31 if the victim
23was a minor and the person was not the victim's parent.
SB77,1563,3
1301.45
(2) (a) 4. b. The date the person was or is to be released from
2confinement, whether on parole
, community supervision or otherwise, or discharged
3or terminated from a sentence or commitment.
SB77,1563,86
301.45
(2) (e) 1. Within 10 days after the person being placed on parole,
7community supervision, probation, supervision, aftercare supervision, conditional
8release or supervised release.
SB77,1563,1311
301.45
(2) (e) 2. If the person is on parole
, community supervision or probation
12from another state under s. 304.13 or 304.135, within 10 days after the person enters
13this state.
SB77,1563,1816
301.45
(3) (a) 1m. If the person is on parole
, community supervision or
17probation from another state under s. 304.13 or 304.135, he or she is subject to this
18subsection upon entering this state.
SB77,1563,2421
301.45
(3) (a) 2. If the person has been sentenced to prison or placed in a secured
22correctional facility or a secured child caring institution, he or she is subject to this
23subsection upon being released on parole
, community supervision or aftercare
24supervision.
SB77,1564,113
301.45
(3) (b) 2. The department shall notify a person who is being released
4from prison because he or she has reached the expiration date of his or her sentence
5and who is covered under sub. (1) of the need to comply with this section. Also,
6probation
, community supervision and parole agents, aftercare agents and agencies
7providing supervision shall notify any client who is covered under sub. (1) of the need
8to comply with this section at the time the client is placed on probation,
community
9supervision, parole, supervision or aftercare supervision or, if the client is on
10probation
, community supervision or parole from another state under s. 304.13 or
11304.135, when the client enters this state.
SB77,1564,1714
301.45
(3) (b) 4. Failure to receive notice under this paragraph from the
15department of health and family services, the department of corrections, a probation
,
16community supervision and parole agent, an aftercare agent or an agency providing
17supervision is not a defense to liability under sub. (6).
SB77,1564,2220
301.45
(5) (a) 1m. If the person is on parole
, community supervision or
21probation from another state under s. 304.13 or 304.135, 15 years after discharge
22from that parole
, community supervision or probation.
SB77,1565,4
1301.45
(7) (a) The department shall maintain information provided under sub.
2(2). The department shall keep the information confidential except as provided in
3s. 301.46
and, except as needed for law enforcement purposes
and except to provide
4information in response to a request for information made under s. 49.22 (2m).
SB77,1565,97
301.46
(2) (b) 4. b. The date the person was released from confinement, whether
8on parole
, community supervision or otherwise, or discharged or terminated from a
9sentence or commitment.
SB77,1565,1212
301.46
(4) (a) 5. A shelter care facility licensed under s.
48.48 938.22.
SB77, s. 3877
13Section
3877. 301.46 (4) (a) 8. of the statutes is amended to read:
SB77,1565,1514
301.46
(4) (a) 8. An agency providing child welfare services under s.
48.48 (17)
15(b) or 48.57 (2).
SB77, s. 3878
16Section
3878. 301.47 of the statutes is created to read:
SB77,1565,18
17301.47 Criminal gang data bank; information regarding criminal
18gangs. (1) Definitions. In this section:
SB77,1565,2219
(a) "Correctional authority" means any sheriff, superintendent, jailer or other
20person in charge of a jail, house of correction or other county or municipal
21correctional or detention facility. "Correctional authority" does not include the
22department.
SB77,1565,2323
(b) "Criminal gang" has the meaning given in s. 939.22 (9).
SB77,1565,2424
(c) "Criminal gang member" has the meaning given in s. 939.22 (9g).
SB77,1565,2525
(d) "Law enforcement agency" has the meaning given in s. 165.83 (1) (b).
SB77,1566,5
1(2) Duties of department; criminal gang data bank. The department shall
2establish a criminal gang data bank for use by correctional authorities and law
3enforcement agencies in investigating, apprehending and prosecuting criminal gang
4members. In establishing a criminal gang data bank, the department shall do all of
5the following:
SB77,1566,86
(a) Specify the information relating to criminal gangs and the arrest of criminal
7gang members that the criminal gang data bank will contain and obtain, compile and
8file that information.
SB77,1566,119
(b) Furnish all correctional authorities and law enforcement agencies with
10forms and instructions which specify in detail the nature of the information required
11under par. (a) and any other matters which facilitate collection.
SB77,1566,1512
(c) As an alternative to requiring completion of the reporting forms furnished
13under par. (b), allow correctional authorities and law enforcement agencies to enter
14data directly into the criminal gang data bank using procedures established by the
15department.
SB77,1566,1916
(d) Provide correctional authorities and law enforcement agencies with access
17to the criminal gang data bank through the transaction information for the
18management of enforcement system or any other computerized or direct electronic
19data transfer system.
SB77,1566,2120
(e) Establish a method to confirm criminal gang membership and to ensure the
21timely and accurate entry of information into the criminal gang data bank.
SB77,1566,2522
(f) Conduct reviews of correctional authorities and law enforcement agencies
23that enter information directly into the criminal gang data bank under par. (c) to
24ensure that the correctional authorities and law enforcement agencies are complying
25with the methods established under par. (e).
SB77,1567,2
1(g) Notify all correctional authorities and law enforcement agencies when the
2criminal gang data bank required under this subsection has become operational.
SB77,1567,53
(h) Notify all correctional authorities and law enforcement agencies that may
4benefit from the criminal gang data bank of the existence of the criminal gang data
5bank.
SB77,1567,11
6(3) Duties of department; notification of new criminal gang information. 7The department shall develop and implement a policy for notifying correctional
8authorities and law enforcement agencies about changes in criminal gang names or
9identifying signs or symbols and about the emergence of newly organized gangs. The
10department may use the criminal gang data bank established under sub. (2) in
11carrying out its duties under this subsection.
SB77,1567,16
12(3m) Duties of the department; information concerning criminal gang
13members. (a) If the department identifies an individual who is in its custody to be
14a criminal gang member and the individual is not listed in the criminal gang data
15bank, the department shall enter into the criminal gang data bank the information
16required under sub. (2) (a).
SB77,1567,2117
(b) If an individual who is in the custody of the department is listed as a
18criminal gang member in the criminal gang data bank and the department
19determines that the information concerning the individual is not accurate or has not
20been updated, the department shall enter into the criminal gang data bank the
21correct or updated information.
SB77,1568,3
22(4) Duties of correctional authorities. (a) If a correctional authority
23identifies an individual who is in its custody to be a criminal gang member and the
24individual is not listed in the criminal gang data bank, the correctional authority
25shall, using the forms provided under sub. (2) (b) or the direct data entry procedure
1under sub. (2) (c), notify the department that it has identified the individual to be a
2criminal gang member and provide the department with the information required
3under sub. (2) (a).
SB77,1568,94
(b) If an individual who is in the custody of a correctional authority is listed as
5a criminal gang member in the criminal gang data bank and the correctional
6authority determines that the information concerning the individual is not accurate
7or has not been updated, the correctional authority shall, using the forms provided
8under sub. (2) (b) or the direct data entry procedure under sub. (2) (c), notify the
9department of the correct or updated information.
SB77,1568,1110
(c) Correctional authorities shall cooperate with the department in the
11planning and implementation of the criminal gang data bank under sub. (2).
SB77,1568,18
12(5) Duties of law enforcement agencies. (a) If a law enforcement agency
13identifies as a criminal gang member an individual who the law enforcement agency
14has arrested and the individual is not listed in the criminal gang data bank, the law
15enforcement agency shall, using the forms provided under sub. (2) (b) or the direct
16data entry procedure under sub. (2) (c), notify the department that it has identified
17the individual to be a criminal gang member and provide the department with the
18information required under sub. (2) (a).
SB77,1568,2419
(b) If an individual who has been arrested by a law enforcement agency is listed
20as a criminal gang member in the criminal gang data bank and the law enforcement
21agency determines that the information concerning the individual is not accurate or
22has not been updated, the law enforcement agency shall, using the forms provided
23under sub. (2) (b) or the direct data entry procedure under sub. (2) (c), notify the
24department of the correct or updated information.
SB77,1569,5
1(c) If an individual who is arrested by a law enforcement agency is charged with
2a crime and the law enforcement agency identifies the individual to be a criminal
3gang member or knows that the individual is listed in the criminal gang data bank,
4the law enforcement agency shall notify the prosecutor of the individual's criminal
5gang member status.
SB77,1569,76
(d) Law enforcement agencies shall cooperate with the department in the
7planning and implementation of the criminal gang data bank under sub. (2).
SB77,1569,10
8(6) Duties of the department of justice. The department of justice shall
9cooperate with the department in the planning, implementation and operation of the
10criminal gang data bank under sub. (2).
SB77, s. 3879
11Section
3879. 302.01 of the statutes is amended to read:
SB77,1570,6
12302.01 State prisons named and defined. The penitentiary at Waupun is
13named "Waupun Correctional Institution". The correctional treatment center at
14Waupun is named "Dodge Correctional Institution". The penitentiary at Green Bay
15is named "Green Bay Correctional Institution". The medium/maximum penitentiary
16at Portage is named "Columbia Correctional Institution". The medium security
17institution at Oshkosh is named "Oshkosh Correctional Institution". The medium
18security penitentiary near Fox Lake is named "Fox Lake Correctional Institution".
19The penitentiary at Taycheedah is named "Taycheedah Correctional Institution".
20The medium security penitentiary at Plymouth is named "Kettle Moraine
21Correctional Institution". The penitentiary at the village of Sturtevant in Racine
22county is named "Racine Correctional Institution".
The medium security
23penitentiary at Racine is named "Racine Youthful Offender Correctional Facility". 24The resource facility at Oshkosh is named "Wisconsin Resource Center". The
25institutions named in this section, the correctional
institutions institution
1authorized under s. 301.16 (1n)
or (1o), correctional institution authorized under
21997 Wisconsin Act .... (this act), section 9111 (2
) (a), correctional institution
3authorized under s. 301.046 (1), correctional institution authorized under s. 301.048
4(4) (b), minimum security correctional institutions authorized under s. 301.13, and
5state-local shared correctional facilities when established under s. 301.14, are state
6prisons.
SB77, s. 3880
7Section
3880. 302.02 (3t) of the statutes is amended to read:
SB77,1570,148
302.02
(3t) (title)
Other states' institutions Institutions located in other
9states. For all purposes of discipline and for judicial proceedings, each institution
10of that is located in another state
or of a political subdivision of another state and 11authorized for use under s. 301.21
or 301.22 and the precincts
thereof of the
12institution shall be deemed to be in a county in which the institution is physically
13located, and the courts of that county shall have jurisdiction of any activity, wherever
14located, conducted by the institution.
SB77, s. 3881
15Section
3881. 302.045 (1) of the statutes is amended to read:
SB77,1570,2416
302.045
(1) Program. The department shall provide a challenge incarceration
17program for inmates selected to participate under sub. (2). The program shall
18provide participants with strenuous physical exercise, manual labor, personal
19development counseling, substance abuse treatment and education, military drill
20and ceremony and counseling in preparation for release on parole
or community
21supervision. The department shall design the program to include not less than 50
22participants at a time and so that a participant may complete the program in not
23more than 180 days. The department may restrict participant privileges as
24necessary to maintain discipline.
SB77, s. 3882
25Section
3882. 302.045 (3) of the statutes is amended to read:
SB77,1571,7
1302.045
(3) Parole eligibility. Except as provided in sub. (4), if the department
2determines that an inmate has successfully completed the challenge incarceration
3program, the parole commission shall parole the inmate under s. 304.06, regardless
4of the time the inmate has served
, unless the person is serving a sentence imposed
5under s. 973.01. When the parole commission grants parole under this subsection,
6it must require the parolee to participate in an intensive supervision program for
7drug abusers as a condition of parole.
SB77, s. 3883
8Section
3883. 302.11 (1) of the statutes is amended to read:
SB77,1571,149
302.11
(1) The warden or superintendent shall keep a record of the conduct of
10each inmate, specifying each infraction of the rules. Except as provided in subs. (1g),
11(1m),
(1z), (7) and (10), each inmate is entitled to mandatory release on parole by the
12department. The mandatory release date is established at two-thirds of the
13sentence. Any calculations under this subsection or sub. (2) (b) resulting in fractions
14of a day shall be rounded in the inmate's favor to a whole day.
SB77, s. 3884
15Section
3884. 302.11 (1g) (am) of the statutes is amended to read:
SB77,1571,1816
302.11
(1g) (am) The mandatory release date established in sub. (1) is a
17presumptive mandatory release date for an inmate who is serving a sentence for a
18serious felony committed on or after April 21, 1994
, but before July 1, 1998.
SB77, s. 3885
19Section
3885. 302.11 (1i) of the statutes is amended to read:
SB77,1571,2320
302.11
(1i) An Except as provided in sub. (1z), an inmate serving a sentence to
21the intensive sanctions program is entitled to mandatory release. The mandatory
22release date under sub. (1) is established at two-thirds of the sentence under s.
23973.032 (3) (a).