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.
SB77,1577,3
1(4) All consecutive sentences shall be computed as one continuous sentence.
2An inmate subject to this section shall serve any term of community supervision after
3serving all terms of confinement in prison.
SB77,1577,10 4(5) (a) An inmate subject to this section who is seeking release to community
5supervision shall file a petition for release to community supervision with the court
6that sentenced him or her. An inmate may not file an initial petition under this
7paragraph earlier than 90 days before his or her community supervision eligibility
8date. If an inmate files an initial petition for release to community supervision at
9any time earlier than 90 days before his or her community supervision eligibility
10date, the court shall deny the petition without a hearing.
SB77,1577,1411 (am) The inmate shall serve a copy of a petition for release to community
12supervision on the district attorney's office that prosecuted him or her, and the
13district attorney shall file a written response to the petition within 45 days after the
14date he or she receives the petition.
SB77,1577,2015 (b) After reviewing a petition for release to community supervision and the
16district attorney's response to the petition, the court shall decide whether to hold a
17hearing on the petition or, if it does not hold a hearing, whether to grant or deny the
18petition without a hearing. If the court decides to hold a hearing under this
19paragraph, the hearing shall be before the court without a jury. The office of the
20district attorney that prosecuted the inmate shall represent the state at the hearing.
SB77,1578,221 (c) Before deciding whether to grant or deny the inmate's petition, the court
22shall allow a victim or family member of a homicide victim to make a statement or
23submit a statement concerning the release of the inmate to community supervision.
24The court may allow any other person to make or submit a statement under this

1paragraph. Any statement under this paragraph must be relevant to the release of
2the inmate to community supervision.
SB77,1578,53 (cm) A court may not grant an inmate's petition for release to community
4supervision unless the inmate proves, by clear and convincing evidence, that he or
5she is not a danger to the public.
SB77,1578,76 (d) If the court grants the inmate's petition for release to community
7supervision, the court may impose conditions on the term of community supervision.
SB77,1578,138 (e) If the court denies the inmate's petition for release to community
9supervision, the court shall specify the date on which the inmate may file a
10subsequent petition under this section. An inmate may file a subsequent petition at
11any time on or after the date specified by the court, but if the inmate files a
12subsequent petition for release to community supervision before the date specified
13by the court, the court may deny the petition without a hearing.
SB77,1578,1714 (f) An inmate may appeal an order denying his or her petition for release to
15community supervision. In an appeal under this paragraph, the appellate court
16shall determine whether the court properly exercised its discretion in denying the
17petition for release to community supervision.
SB77,1578,18 18(6) (a) In this subsection:
SB77,1578,2019 1. "Member of the family" means spouse, child, sibling, parent or legal
20guardian.
SB77,1578,2121 2. "Victim" means a person against whom a crime has been committed.
SB77,1579,422 (b) If an inmate petitions a court under sub. (5) or (9) (b) for release to
23community supervision under this section, the clerk of the circuit court in which the
24petition is filed shall send a copy of the petition and, if a hearing is scheduled, a notice
25of hearing to the victim of the crime committed by the inmate or, if the victim died

1as a result of the crime, an adult member of the victim's family or, if the victim is
2younger than 18 years old, the victim's parent or legal guardian, if the victim, adult
3family member or parent or legal guardian has submitted a card under par. (e)
4requesting notification.
SB77,1579,85 (c) The notice under par. (b) shall inform the persons under par. (b) that they
6may appear at the hearing under sub. (5) or (9) (b), if a hearing is scheduled, and shall
7inform them of the manner in which they may provide written statements
8concerning the inmate's petition for release to community supervision.
SB77,1579,139 (d) The clerk of the circuit court shall make a reasonable effort to send a copy
10of the inmate's petition to the last-known address of the persons under par. (b) within
117 days of the date on which the petition is filed and shall make a reasonable effort
12to send the notice of hearing, if a hearing is scheduled, to the last-known address of
13the persons under par. (b), postmarked at least 10 days before the date of the hearing.
SB77,1580,214 (e) The director of state courts shall design and prepare cards for a person
15specified under par. (b) to send to the clerk of the circuit court in which the inmate
16is convicted and sentenced. The cards shall have space for any such person to provide
17his or her name and address, the name of the applicable inmate and any other
18information the director of state courts determines is necessary. The director of state
19courts shall provide the cards, without charge, to clerks of circuit court. Clerks of
20circuit court shall provide the cards, without charge, to persons specified in par. (b).
21These persons may send completed cards to the clerk of the circuit court in which the
22inmate was convicted and sentenced. All court records or portions of records that
23relate to mailing addresses of these persons are not subject to inspection or copying
24under s. 19.35 (1), but the clerk of circuit court shall provide information from records

1kept under this paragraph in response to a request for information made under s.
249.22 (2m).
SB77,1580,8 3(7) Before a person is released to community supervision under this section,
4the department shall notify the municipal police department and the county sheriff
5for the 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.
SB77,1580,13 9(8) Any inmate released to community supervision under this section is subject
10to all conditions and rules of community supervision. The department may set
11conditions of community supervision in addition to any conditions of community
12supervision set by the court under sub. (5) (d) if the conditions set by the department
13do not conflict with the court's conditions.
SB77,1580,18 14(9) (a) If a person released to community supervision under this section violates
15a condition of community supervision, the division of hearings and appeals in the
16department of administration, upon proper notice and hearing, or the department
17of corrections, if the person on community supervision waives a hearing, may revoke
18the community supervision of the person and return the person to prison.
SB77,1581,219 (b) A person who is returned to prison after revocation of community
20supervision under par. (a) shall be incarcerated for 5 years, subject to extension in
21accordance with sub. (3), after which period of time the person may, upon petition to
22the sentencing court, be released to community supervision. An inmate may not file
23a petition under this paragraph earlier than 90 days before the end of the 5-year
24period. If an inmate files a petition for release to community supervision under this
25paragraph at any time earlier than 90 days before the end of the 5-year period, the

1court shall deny the petition without a hearing. The procedures specified in sub. (5)
2(am) to (f) apply to a petition filed under this paragraph.
SB77,1581,53 (c) A person who is subsequently released to community supervision under par.
4(b) is subject to all conditions and rules under sub. (8) until the expiration of the
5sentence.
SB77,1581,7 6(10) The department may promulgate rules establishing guidelines and
7criteria for the exercise of discretion under this section.
SB77, s. 3892 8Section 3892. 302.115 (4) of the statutes is amended to read:
SB77,1581,199 302.115 (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 and address, the name of the applicable
12inmate and any other information the department determines is necessary. The
13department shall provide the cards, without charge, to district attorneys. District
14attorneys shall provide the cards, without charge, to persons specified in sub. (2).
15These persons may send completed cards to the department. All department records
16or portions of records that relate to mailing addresses of these persons are not subject
17to inspection or copying under s. 19.35 (1), but the department shall provide
18information from records kept under this subsection in response to a request for
19information made under s. 49.22 (2m)
.
SB77, s. 3893 20Section 3893. 302.14 of the statutes is amended to read:
SB77,1582,4 21302.14 (title) Property of deceased inmates, parolees or, probationers
22or persons on community supervision, disposition. When an inmate of a
23prison or, a parolee of an institution , a person on community supervision or a person
24on probation to the department dies leaving an estate of $150 or less in the trust of
25the warden, superintendent or secretary, the warden, superintendent or secretary

1shall try to determine whether or not the estate is to be probated. If probate
2proceedings are not commenced within 90 days, the warden, superintendent or
3secretary shall turn over the money or securities to the nearest of kin as evidenced
4by the records of the institution and the department.
SB77, s. 3894 5Section 3894. 302.17 (2) of the statutes is amended to read:
SB77,1582,106 302.17 (2) The department shall make entries on the register to reflect the
7progress made by each inmate while incarcerated and the inmate's release on parole
8or community supervision, condition at the time of release on parole or community
9supervision
and progress made while on parole or community supervision. This
10subsection does not apply to inmates subject to an order under s. 48.366.
SB77, s. 3895 11Section 3895. 302.25 (4) (c) of the statutes is amended to read:
SB77,1582,2012 302.25 (4) (c) Inmates confined in an institution pursuant to the terms of this
13compact shall at all times be subject to the jurisdiction of the sending state and may
14at any time be removed therefrom for transfer to a prison or other institution within
15the sending state, for transfer to another institution in which the sending state may
16have a contractual or other right to confine inmates, for release on probation,
17community supervision
or parole, for discharge, or for any other purpose permitted
18by the laws of the sending state; provided, that the sending state shall continue to
19be obligated to such payments as may be required pursuant to the terms of any
20contract entered into under the terms of sub. (3).
SB77, s. 3896 21Section 3896. 302.33 (2) (a) (intro.) of the statutes is amended to read:
SB77,1582,2522 302.33 (2) (a) (intro.) The department shall pay for the maintenance of persons
23in its custody who are placed in the county jail or other county facility, or in a tribal
24jail under s. 302.445, pending disposition of parole, community supervision or
25probation revocation proceedings subject to the following conditions:
SB77, s. 3897
1Section 3897. 302.33 (2) (b) of the statutes is amended to read:
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