SB77,1587,16
11(b) 1. A person serving a life sentence
, other than a life sentence specified in
12subd. 2., may be considered for work release
until
only after he or she has reached
13parole eligibility under s. 304.06 (1) (b) or 973.014 (1) (a) or (b), whichever is
14applicable,
and no or he or she has reached his or her community supervision
15eligibility date under s. 302.114 (9) (b) or 973.014 (1g) (a) 1. or 2., whichever is
16applicable.
SB77,1587,18
172. A person serving a life sentence under s. 939.62 (2m) or 973.014 (1) (c)
or (1g)
18(a) 3. may
not be considered for work release.
SB77, s. 3912
19Section
3912. 303.068 (4m) (d) of the statutes is amended to read:
SB77,1588,520
303.068
(4m) (d) The department shall design and prepare cards for any person
21specified in par. (b) to send to the department. The cards shall have space for any
22such person to provide his or her name and address, the name of the applicable
23inmate and any other information the department determines is necessary. The
24department shall provide the cards, without charge, to district attorneys. District
25attorneys shall provide the cards, without charge, to persons specified in par. (b).
1These persons may send completed cards to the department. All department records
2or portions of records that relate to mailing addresses of these persons are not subject
3to inspection or copying under s. 19.35 (1)
, but the department shall provide
4information from records kept under this paragraph in response to a request for
5information made under s. 49.22 (2m).
SB77, s. 3913
6Section
3913. 303.21 (1) (a) of the statutes is amended to read:
SB77,1588,187
303.21
(1) (a) If an inmate of a state institution, in the performance of assigned
8work is injured so as to be permanently incapacitated or to have materially reduced
9earning power, the inmate may, upon being released from such institution, either
10upon
release on parole
or community supervision or upon final discharge, be allowed
11and paid such compensation as the department of industry, labor and job
12development finds the inmate entitled to. The inmate shall be compensated on the
13same basis as if the injury had been covered by ch. 102, except that the total paid to
14any inmate may not exceed $10,000 and may be paid in instalments. If the injury
15results from employment in a prison industry, the payment shall be made from the
16revolving appropriation for its operation. If there is no revolving appropriation,
17payment shall be made from the general fund. In case of dispute, the procedure for
18hearing, award and appeal shall be as set forth in ss. 102.16 to 102.26.
SB77, s. 3914
19Section
3914. 303.215 of the statutes is amended to read:
SB77,1589,5
20303.215 Compensation to prisoners or residents injured in prison
21industries employment. In accordance with s. 102.03 (2), for an inmate of a state
22institution or a resident subject to s. 303.01 (1) (b) employed under s. 303.06 (2),
23compensation under ch. 102 on being released from the applicable institution, on
24parole,
on community supervision, on final discharge or in accordance with ch. 938,
25whichever is applicable, is the exclusive remedy against the department and any
1employe of the department for any injury sustained by the inmate or resident while
2performing service growing out of and incidental to that employment. The
3department shall make any payments required under this section from the revolving
4appropriation for the operation of prison industries or, if there is no revolving
5appropriation for the operation of prison industries, from the general fund.
SB77, s. 3915
6Section
3915. 304.02 (3) (a) of the statutes is amended to read:
SB77,1589,97
304.02
(3) (a) The prisoner population equals or exceeds the statewide
prisoner
8population limit promulgated by rule under s. 301.055 operating capacity of Type 1
9prisons established in the report under s. 301.03 (6t).
SB77, s. 3916
10Section
3916. 304.02 (3) (c) of the statutes is amended to read:
SB77,1589,1311
304.02
(3) (c) The institution social worker or the probation
, community
12supervision and parole agent of record has reason to believe the prisoner will be able
13to maintain himself or herself in society without engaging in assaultive activity.
SB77, s. 3917
14Section
3917. 304.02 (4) of the statutes is amended to read:
SB77,1589,1715
304.02
(4) If a person is sentenced under s. 973.032, he or she is eligible for a
16release to parole supervision under this section and remains in the intensive
17sanctions program unless discharged by the department under s. 301.048 (6)
(a).
SB77, s. 3918
18Section
3918. 304.02 (5) of the statutes is amended to read:
SB77,1589,2119
304.02
(5) Notwithstanding subs. (1) to (3), a prisoner who is serving a life
20sentence under s. 939.62 (2m) or 973.014 (1) (c)
or (1g) is not eligible for release to
21parole supervision under this section.
SB77, s. 3919
22Section
3919. 304.02 (6) of the statutes is created to read:
SB77,1589,2523
304.02
(6) Notwithstanding subs. (1) to (3), a prisoner is not eligible for release
24to parole supervision under this section if he or she is serving a bifurcated sentence
25under s. 973.01.
SB77, s. 3920
1Section
3920. 304.06 (1) (b) of the statutes is amended to read:
SB77,1590,162
304.06
(1) (b) Except as provided in sub. (1m) or s. 302.045 (3), 961.49 (2)
,
3973.01 (6) or 973.0135, the parole commission may parole an inmate of the Wisconsin
4state prisons or any felon or any person serving at least one year or more in a county
5house of correction or a county reforestation camp organized under s. 303.07, when
6he or she has served 25% of the sentence imposed for the offense, or 6 months,
7whichever is greater. Except as provided in s. 939.62 (2m) or 973.014
(1) (b) or (c),
8(1g) or (2), the parole commission may parole an inmate serving a life term when he
9or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject
10to extension using the formulas under s. 302.11 (2). The person serving the life term
11shall be given credit for time served prior to sentencing under s. 973.155, including
12good time under s. 973.155 (4). The secretary may grant special action parole
13releases under s. 304.02. The department or the parole commission shall not provide
14any convicted offender or other person sentenced to the department's custody any
15parole eligibility or evaluation until the person has been confined at least 60 days
16following sentencing.
SB77, s. 3921
17Section
3921. 304.06 (1) (f) of the statutes is amended to read:
SB77,1591,618
304.06
(1) (f) The parole commission shall design and prepare cards for persons
19specified in par. (c) 3. to send to the commission. The cards shall have space for these
20persons to provide their names and addresses, the name of the applicable prisoner
21and any other information the parole commission determines is necessary. The
22parole commission shall provide the cards, without charge, to district attorneys.
23District attorneys shall provide the cards, without charge, to persons specified in par.
24(c) 3. These persons may send completed cards to the parole commission. All
25commission records or portions of records that relate to mailing addresses of these
1persons are not subject to inspection or copying under s. 19.35 (1)
, but the commission
2shall provide information from records kept under this paragraph in response to a
3request for information made under s. 49.22 (2m). Before any written statement of
4a person specified in par. (c) 3. is made a part of the documentary record considered
5in connection with a parole hearing under this section, the parole commission shall
6obliterate from the statement all references to the mailing addresses of the person.
SB77, s. 3922
7Section
3922. 304.06 (1y) of the statutes is amended to read:
SB77,1591,108
304.06
(1y) If a person is sentenced under s. 973.032, he or she is eligible for
9a release to parole supervision under this section and remains in the intensive
10sanctions program unless discharged by the department under s. 301.048 (6)
(a).
SB77, s. 3923
11Section
3923. 304.062 (title) of the statutes is amended to read:
SB77,1591,13
12304.062 (title)
Ordering parolees and persons on community
13supervision to perform community service work.
SB77, s. 3924
14Section
3924. 304.062 (1) of the statutes is amended to read:
SB77,1591,2215
304.062
(1) The department may order that a parolee
or a person on community
16supervision perform community service work for a public agency or a nonprofit
17charitable organization. An order may apply only if agreed to by the parolee
or the
18person on community supervision and the organization or agency. The department
19shall ensure that the parolee
or the person on community supervision is provided a
20written statement of the terms of the community service order and shall monitor the
21parolee's compliance
of the parolee or person on community supervision with the
22community service order.
SB77, s. 3925
23Section
3925. 304.062 (2) of the statutes is amended to read:
SB77,1592,424
304.062
(2) Any organization or agency acting in good faith to which a parolee
25or person on community supervision is assigned under an order under this section
1has immunity from any civil liability in excess of $25,000 for acts or omissions by or
2impacting on the parolee
or person on community supervision. The department has
3immunity from any civil liability for acts or omissions by or impacting on the parolee
4or person on community supervision regarding the assignment under this section.
SB77, s. 3926
5Section
3926. 304.063 (title) of the statutes is amended to read:
SB77,1592,7
6304.063 (title)
Notification prior to release on community supervision
7or parole.
SB77, s. 3927
8Section
3927. 304.063 (2) (intro.) of the statutes is amended to read:
SB77,1592,149
304.063
(2) (intro.) Before a prisoner is released on parole under s. 302.11,
10304.02 or 304.06
or on community supervision under s. 302.113 or 302.114, if
11applicable, for a violation of s. 940.01, 940.03, 940.05, 940.225 (1) or (2), 948.02 (1)
12or (2), 948.025, 948.06 or 948.07, the department shall make a reasonable effort to
13notify all of the following persons, if they can be found, in accordance with sub. (3)
14and after receiving a completed card under sub. (4):
SB77, s. 3928
15Section
3928. 304.063 (3) of the statutes is amended to read:
SB77,1592,1816
304.063
(3) The department shall make a reasonable effort to send the notice,
17postmarked at least 7 days before a prisoner is released on parole
or community
18supervision, to the last-known address of the persons under sub. (2).
SB77, s. 3929
19Section
3929. 304.063 (4) of the statutes is amended to read:
SB77,1593,520
304.063
(4) The department shall design and prepare cards for any person
21specified in sub. (2) to send to the department. The cards shall have space for any
22such person to provide his or her name and address, the name of the applicable
23prisoner and any other information the department determines is necessary. The
24department shall provide the cards, without charge, to district attorneys. District
25attorneys shall provide the cards, without charge, to persons specified in sub. (2).
1These persons may send completed cards to the department. All department records
2or portions of records that relate to mailing addresses of these persons are not subject
3to inspection or copying under s. 19.35 (1)
, but the department shall provide
4information from records kept under this subsection in response to a request for
5information made under s. 49.22 (2m).
SB77, s. 3930
6Section
3930. 304.071 (2) of the statutes is amended to read:
SB77,1593,97
304.071
(2) If a prisoner is not eligible for parole under s. 939.62 (2m), 961.49
8(2),
973.01 (6), 973.014 (1) (c)
or (1g) or 973.032 (5), he or she is not eligible for parole
9under this section.
SB77, s. 3931
10Section
3931. 304.072 (title) of the statutes is amended to read:
SB77,1593,12
11304.072 (title)
Period of probation, community supervision or parole
12tolled.
SB77, s. 3932
13Section
3932. 304.072 (1) of the statutes is amended to read:
SB77,1593,2314
304.072
(1) If the department of corrections in the case of a parolee
or, 15probationer
or person on community supervision who is reinstated or waives a
16hearing or the division of hearings and appeals in the department of administration
17in the case of a hearing determines that a parolee
or
, probationer
or person on
18community supervision has violated the terms of his or her supervision, the
19department or division may toll all or any part of the period of time between the date
20of the violation and the date an order of revocation or reinstatement is entered,
21subject to credit according to the terms of s. 973.155 for any time the parolee
or, 22probationer
or person on community supervision spent confined in connection with
23the violation.
SB77, s. 3933
24Section
3933. 304.072 (2) of the statutes is amended to read:
SB77,1594,5
1304.072
(2) If a parolee
or
, probationer
or person on community supervision is
2alleged to have violated the terms of his or her supervision but the department or
3division determines that the alleged violation was not proven, the period between the
4alleged violation and the determination shall be treated as service of the
5probationary
, community supervision or parole period.
SB77, s. 3934
6Section
3934. 304.072 (3) of the statutes is amended to read:
SB77,1594,117
304.072
(3) Except as provided in s. 973.09 (3) (b), the department preserves
8jurisdiction over a probationer
or, parolee
or person on community supervision if it
9commences an investigation, issues a violation report or issues an apprehension
10request concerning an alleged violation prior to the expiration of the probationer's
11or, parolee's
or person's term of supervision.
SB77, s. 3935
12Section
3935. 304.072 (4) of the statutes is amended to read:
SB77,1594,1713
304.072
(4) The sentence of a revoked parolee
or person on community
14supervision resumes running on the day he or she is received at a correctional
15institution subject to sentence credit for the period of custody in a jail, correctional
16institution or any other detention facility pending revocation according to the terms
17of s. 973.155.
SB77, s. 3936
18Section
3936. 304.073 (1) (a) of the statutes is amended to read:
SB77,1594,2019
304.073
(1) (a) "Administrative supervision" has the meaning given in
rules
20promulgated under s. 301.08 (1) (c)
1. a.
SB77, s. 3937
21Section
3937. 304.073 (1) (b) of the statutes is amended to read:
SB77,1594,2322
304.073
(1) (b) "Minimum supervision" has the meaning given in
rules
23promulgated under s. 301.08 (1) (c)
1. b.
SB77, s. 3938
24Section
3938. 304.073 (2) of the statutes is amended to read:
SB77,1595,7
1304.073
(2) Beginning on January 1, 1996, the department shall charge a fee
2to any probationer
or, parolee
or person on community supervision who is under
3minimum or administrative supervision and is supervised by the department. The
4fee does not apply if the person is supervised by a vendor under s. 301.08 (1) (c)
2.
5The department shall set the fee sufficient to cover the cost of supervision. The
6department shall collect moneys for the fee charged under this subsection and credit
7those moneys to the appropriation account under s. 20.410 (1) (ge).
SB77, s. 3939
8Section
3939. 304.073 (2m) of the statutes is created to read:
SB77,1595,169
304.073
(2m) (a) If a probationer, parolee or person on community supervision
10who owes unpaid fees to the department under sub. (2) is discharged from probation
11or from his or her sentence before the department collects the unpaid fees, the
12department shall, at the time of discharge, issue a notice to the probationer, parolee
13or person on community supervision that states that he or she owes unpaid fees
14under sub. (2) and that he or she is responsible for the payment of the unpaid fees.
15The notice under this paragraph shall be issued with the certificate of discharge
16required under s. 304.078 or 973.09 (5).
SB77,1595,2317
(b) The department may request the attorney general to bring a civil action to
18recover unpaid fees owed to the department under sub. (2) by a person who has been
19discharged from probation or from his or her sentence and who, at the time of
20discharge, owed the department unpaid fees under sub. (2). Before requesting the
21attorney general to bring a civil action under this paragraph, the department shall
22deduct any fees owed to the department that were inaccurately assessed against the
23person.
SB77, s. 3940
24Section
3940. 304.073 (4) of the statutes is created to read:
SB77,1596,4
1304.073
(4) The department may decide not to charge a fee under sub. (2) to
2any probationer, parolee or person on community supervision if the probationer,
3parolee or person on community supervision demonstrates that he or she is unable
4to pay the fee because of any of the following:
SB77,1596,65
(a) The probationer, parolee or person on community supervision is undergoing
6treatment approved by the department and is unable to work.
SB77,1596,107
(b) The probationer, parolee or person on community supervision has a
8statement from a physician certifying to the department that the probationer,
9parolee or person on community supervision should be excused from working for
10medical reasons.
SB77, s. 3941
11Section
3941. 304.074 (title) of the statutes is amended to read:
SB77,1596,13
12304.074 (title)
Reimbursement fee for persons on probation and,
13parole, and community supervision.
SB77, s. 3942
14Section
3942. 304.074 (1) (a) of the statutes is amended to read:
SB77,1596,1615
304.074
(1) (a) "Administrative supervision" has the meaning given in
rules
16promulgated under s. 301.08 (1) (c)
1. a.
SB77, s. 3943
17Section
3943. 304.074 (1) (b) of the statutes is amended to read:
SB77,1596,1918
304.074
(1) (b) "Minimum supervision" has the meaning given in
rules
19promulgated under s. 301.08 (1) (c)
1. b.
SB77, s. 3944
20Section
3944. 304.074 (2) of the statutes is amended to read:
SB77,1597,521
304.074
(2) Beginning on January 1, 1996, the department shall charge a fee
22to probationers
and, parolees
and persons on community supervision to partially
23reimburse the department for the costs of providing supervision and services. The
24department shall set varying rates for probationers
and
, parolees
or persons on
25community supervision based on ability to pay and with the goal of receiving at least
1$1 per day, if appropriate, from each probationer
and, parolee
and person on
2community supervision. The department shall not charge a fee while the
3probationer
or, parolee
or person on community supervision is exempt under sub. (3).
4The department shall collect moneys for the fees charged under this subsection and
5credit those moneys to the appropriation account under s. 20.410 (1) (gf).
SB77, s. 3945
6Section
3945. 304.074 (3) (intro.) of the statutes is amended to read:
SB77,1597,97
304.074
(3) (intro.) The department may decide not to charge a fee under sub.
8(2) to any probationer
or, parolee
or person on community supervision while he or she
9meets any of the following conditions:
SB77, s. 3946
10Section
3946. 304.074 (3) (d) of the statutes is amended to read:
SB77,1597,1311
304.074
(3) (d) Has a statement from a physician certifying to the department
12that the probationer
or, parolee
or person on community supervision should be
13excused from working for medical reasons.
SB77, s. 3947
14Section
3947. 304.074 (4) of the statutes is amended to read:
SB77,1597,1715
304.074
(4) The fee under sub. (2) does not apply to any probationer
or, parolee
16or person on community supervision who is under minimum or administrative
17supervision.
SB77, s. 3948
18Section
3948. 304.074 (4m) of the statutes is created to read:
SB77,1598,219
304.074
(4m) (a) If a probationer, parolee or person on community supervision
20who owes unpaid fees to the department under sub. (2) is discharged from probation
21or from his or her sentence before the department collects the unpaid fees, the
22department shall, at the time of discharge, issue a notice to the probationer, parolee
23or person on community supervision that states that he or she owes unpaid fees
24under sub. (2) and that he or she is responsible for the payment of the unpaid fees.
1The notice under this paragraph shall be issued with the certificate of discharge
2required under s. 304.078 or 973.09 (5).
SB77,1598,93
(b) The department may request the attorney general to bring a civil action to
4recover unpaid fees owed to the department under sub. (2) by a person who has been
5discharged from probation or from his or her sentence and who, at the time of
6discharge, owed the department unpaid fees under sub. (2). Before requesting the
7attorney general to bring a civil action under this paragraph, the department shall
8deduct any fees owed to the department that were inaccurately assessed against the
9person.
SB77, s. 3949
10Section
3949. 304.075 of the statutes is amended to read:
SB77,1598,22
11304.075 (title)
Probationer and parolee loan Loan fund for
12probationers, parolees and persons on community supervision. The
13department shall create a revolving fund out of any moneys in its hands belonging
14to probationers
and, parolees
or persons on community supervision who absconded,
15or whose whereabouts are unknown. The fund shall be used to defray the expenses
16of clothing, transportation, maintenance and other necessities for probationers
and, 17parolees
and persons on community supervision who are without means to secure
18those necessities. All payments made from the fund shall be repaid by probationers
19or, parolees
or persons on community supervision for whose benefit they are made
20whenever possible; and any moneys belonging to them so paid into the revolving fund
21shall be repaid to them in accordance with law, in case a claim therefor is filed with
22the department upon showing the legal right of the claimant to such money.
SB77, s. 3950
23Section
3950. 304.13 (1) (intro.) of the statutes is amended to read:
SB77,1599,324
304.13
(1) (intro.) That it shall be competent for the duly constituted judicial
25and administrative authorities of a sending state to permit any person convicted of
1an offense within the sending state and placed on probation or released on
2community supervision or parole to reside in any receiving state while on probation
,
3community supervision or parole, if:
SB77, s. 3951
4Section
3951. 304.13 (2) of the statutes is amended to read:
SB77,1599,95
304.13
(2) That each receiving state will assume the duties of visitation of and
6supervision over probationers
, persons on community supervision or parolees of any
7sending state and in the exercise of those duties will be governed by the same
8standards that prevail for its own probationers
, persons on community supervision 9and parolees.
SB77, s. 3952
10Section
3952. 304.13 (3) of the statutes is amended to read:
SB77,1599,2411
304.13
(3) That the duly accredited officers of a sending state may at all times
12enter a receiving state and there apprehend and retake any person on probation
,
13community supervision or parole. For that purpose no formalities will be required
14other than establishing the authority of the officer and the identity of the person to
15be retaken. All legal requirements to obtain extradition of fugitives from justice are
16expressly waived on the part of states party hereto, as to such persons. The decision
17of the sending state to retake a person on probation
, community supervision or parole
18shall be conclusive upon and not reviewable within the receiving state; provided,
19however, that if at the time when a state seeks to retake a probationer
, person on
20community supervision or parolee there should be pending against that person
21within the receiving state any criminal charge, or that person should be suspected
22of having committed within such state a criminal offense, that person shall not be
23retaken without the consent of the receiving state until discharged from prosecution
24or from imprisonment for such offense.
SB77, s. 3953
25Section
3953. 304.13 (7) of the statutes is amended to read: