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).
SB77, s. 3886
24Section
3886. 302.11 (1p) of the statutes is amended to read:
SB77,1572,3
1302.11
(1p) An inmate serving a term subject to s. 961.49 (2)
for a crime
2committed before July 1, 1998, is entitled to mandatory release, except the inmate
3may not be released before he or she has complied with s. 961.49 (2).
SB77, s. 3887
4Section
3887. 302.11 (1z) of the statutes is created to read:
SB77,1572,75
302.11
(1z) An inmate who is sentenced to a term of confinement in prison
6under s. 973.01 for a felony that is committed on or after July 1, 1998, is not entitled
7to mandatory release on parole under this section.
SB77, s. 3888
8Section
3888. 302.11 (6) of the statutes is amended to read:
SB77,1572,179
302.11
(6) Any inmate released on parole under sub. (1) or (1g) (b) or s. 304.02
10or 304.06 (1) is subject to all conditions and rules of parole until the expiration of the
11sentence or until he or she is discharged by the department. Except as provided in
12ch. 304, releases from prison shall be on the Tuesday or Wednesday preceding the
13release date. The department may discharge a parolee on or after his or her
14mandatory release date or after 2 years of supervision. Any inmate sentenced to the
15intensive sanctions program who is released on parole under sub. (1) or s. 304.02 or
16304.06 (1) remains in the program unless discharged by the department under s.
17301.048 (6)
(a).
SB77, s. 3889
18Section
3889. 302.11 (9) of the statutes is amended to read:
SB77,1572,2119
302.11
(9) Except as provided in
sub.
subs. (1g) (am)
and (1z), this section
20applies to persons committing offenses occurring on or after June 1, 1984, or persons
21filing requests in accordance with
1983 Wisconsin Act 528, section
29 (2) or (3).
SB77, s. 3890
22Section
3890. 302.113 of the statutes is created to read:
SB77,1572,25
23302.113 Release to community supervision for felony offenders not
24serving life sentences. (1) An inmate is subject to this section if he or she is
25serving a bifurcated sentence imposed under s. 973.01.
SB77,1573,3
1(2) Except as provided in subs. (3) and (9), an inmate subject to this section is
2entitled to release to community supervision after he or she has served the term of
3confinement in prison portion of the sentence imposed under s. 973.01.
SB77,1573,8
4(3) (a) The warden or superintendent shall keep a record of the conduct of each
5inmate subject to this section, specifying each infraction of the rules. If an inmate
6subject to this section violates any regulation of the prison or refuses or neglects to
7perform required or assigned duties, the department may extend the term of
8confinement in prison portion of the inmate's bifurcated sentence as follows:
SB77,1573,99
1. 10 days for the first offense.
SB77,1573,1010
2. 20 days for the 2nd offense.
SB77,1573,1111
3. 40 days for the 3rd or each subsequent offense.
SB77,1573,1812
(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 his or her term of confinement in prison portion of the bifurcated
15sentence by a number of days equal to 50% of the number of days spent in segregation
16status. In administering this paragraph, the department shall use the definition of
17adjustment, program or controlled segregation status under departmental rules in
18effect at the time an inmate is placed in that status.
SB77,1573,2119
(c) No extension of a term of confinement in prison under this subsection may
20require an inmate to serve more days in prison than the total length of the bifurcated
21sentence imposed under s. 973.01.
SB77,1573,2422
(d) If the term of confinement in prison portion of a bifurcated sentence is
23increased under this subsection, the term of community supervision is reduced so
24that the total length of the bifurcated sentence does not change.
SB77,1574,3
1(4) All consecutive sentences shall be computed as one continuous sentence.
2The person shall serve any term of community supervision after serving all terms of
3confinement in prison.
SB77,1574,5
4(5) An inmate may waive entitlement to release to community supervision if
5the department agrees to the waiver.
SB77,1574,11
6(6) Before a person is released to community supervision under this section,
7the department shall notify the municipal police department and the county sheriff
8for the area where the person will be residing. The notification requirement does not
9apply if a municipal department or county sheriff submits to the department a
10written statement waiving the right to be notified. If applicable, the department
11shall also comply with s. 304.063.
SB77,1574,17
12(7) Any inmate released to community supervision under this section is subject
13to all conditions and rules of community supervision until the expiration of the term
14of community supervision portion of the bifurcated sentence. The department may
15set conditions of community supervision in addition to any conditions of community
16supervision set by the court under s. 973.01 (5) if the conditions set by the department
17do not conflict with the court's conditions.
SB77,1574,20
18(8) Releases to community supervision from prison shall be on the Tuesday or
19Wednesday preceding the date on which he or she completes the term of
20imprisonment.
SB77,1575,6
21(9) (a) If a person released to community supervision under this section violates
22a condition of community supervision, the division of hearings and appeals in the
23department of administration, upon proper notice and hearing, or the department
24of corrections, if the person on community supervision waives a hearing, may revoke
25the community supervision of the person and return the person to prison. If the
1person is returned to prison, he or she shall be returned to prison for any specified
2period of time that does not exceed the time remaining on the bifurcated sentence.
3The time remaining on the bifurcated sentence is the total length of the bifurcated
4sentence, less time served by the person in custody before release to community
5supervision. The revocation order shall provide the person on community
6supervision with credit in accordance with ss. 304.072 and 973.155.
SB77,1575,127
(b) A person who is returned to prison after revocation of community
8supervision shall be incarcerated for the entire period of time specified by the
9department of corrections in the case of a waiver or by the division of hearings and
10appeals in the department of administration in the case of a hearing under par. (a).
11The period of time specified under par. (a) may be extended in accordance with sub.
12(3).
SB77,1575,1813
(c) A person who is subsequently released to community supervision after
14service of the period of time specified by the department of corrections in the case of
15a waiver or by the division of hearings and appeals in the department of
16administration in the case of a hearing under par. (a) is subject to all conditions and
17rules under sub. (7) until the expiration of the term of community supervision portion
18of the bifurcated sentence.
SB77,1575,20
19(10) The department may promulgate rules establishing guidelines and
20criteria for the exercise of discretion under this section.
SB77, s. 3891
21Section
3891. 302.114 of the statutes is created to read:
SB77,1576,2
22302.114 Petition for release and release to community supervision for
23felony offenders serving life sentences. (1) An inmate is subject to this section
24if he or she is serving a life sentence imposed under s. 973.014 (1g) (a) 1. or 2. An
1inmate serving a life sentence under s. 939.62 (2m) or 973.014 (1g) (a) 3. is not eligible
2for release to community supervision under this section.
SB77,1576,7
3(2) Except as provided in subs. (3) and (9), an inmate subject to this section may
4petition the sentencing court for release to community supervision after he or she has
5served 20 years, if the inmate was sentenced under s. 973.014 (1g) (a) 1., or after he
6or she has reached the community supervision eligibility date set by the court, if the
7inmate was sentenced under s. 973.014 (1g) (a) 2.
SB77,1576,13
8(3) (a) The warden or superintendent shall keep a record of the conduct of each
9inmate subject to this section, specifying each infraction of the rules. If any inmate
10subject to this section violates any regulation of the prison or refuses or neglects to
11perform required or assigned duties, the department may extend the community
12supervision eligibility date set under s. 973.014 (1g) (a) 1. or 2., whichever is
13applicable, as follows:
SB77,1576,1414
1. 10 days for the first offense.
SB77,1576,1515
2. 20 days for the 2nd offense.
SB77,1576,1616
3. 40 days for the 3rd or each subsequent offense.
SB77,1576,2317
(b) In addition to the sanctions under par. (a), if an inmate subject to this section
18is placed in adjustment, program or controlled segregation status, the department
19may extend the community supervision eligibility date set under s. 973.014 (1g) (a)
201. or 2., whichever is applicable, by a number of days equal to 50% of the number of
21days spent in segregation status. In administering this paragraph, the department
22shall use the definition of adjustment, program or controlled segregation status
23under departmental rules in effect at the time an inmate is placed in that status.