AB296: Bill Text

Thus, for example, if a person is convicted of a Class B felony committed on or after December 31, 1999, and a judge sentenced the person to the maximum allowable 40-year term of confinement in prison, the term of community supervision would have to be at least ten years but could not be more than 20 years.

After the person completes the term of confinement in prison portion of the sentence, he or she serves the term of community supervision in which he or she is subject to conditions set by both the court and the department of corrections (DOC) and is subject to supervision by DOC. If a person violates a condition of community supervision, community supervision may be revoked and the person may be returned to serve a period of time in prison.

If a person is sentenced to life imprisonment for a crime committed on or after December 31, 1999, he or she is not eligible for parole. Instead, the judge who is sentencing the person to life imprisonment must do one of the following: 1) provide that the person is eligible for community supervision after serving 20 years; 2) set a date on which the person becomes eligible for community supervision, as long as that date requires the person to serve at least 20 years; or 3) provide that the person is not eligible for community supervision. If the court provides that the person is eligible for community supervision, the person may petition the sentencing court for release to community supervision on or after the community supervision eligibility date. A person sentenced to life who is released to community supervision is on community supervision for the remainder of his or her life and, like a person on community supervision under a bifurcated sentence (see above), may have his or her community supervision revoked and be returned to prison if he or she violates a condition of community supervision. The bill does not affect persons sentenced to life imprisonment without the possibility of parole under the "three strikes, you're out" or "two strikes, you're out" laws.

3. What this bill does. This bill eliminates the sentencing procedure created in 1997 Wisconsin Act 283. Thus, under the bill a prison sentence for a felony that is committed on or after the date the bill becomes law will be structured in the same way as prison sentences for offenses committed before December 31, 1999.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB296, s. 1 Section 1. 11.61 (1) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,8,5 11.61 (1) (a) Whoever intentionally violates s. 11.05 (1), (2), (2g) or (2r), 11.07 (1) or (5), 11.10 (1), 11.12 (5), 11.23 (6) or 11.24 (1) may be fined not more than $10,000 or imprisoned for not more than 3 years or both.

AB296, s. 2 Section 2. 11.61 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,8,11 11.61 (1) (b) Whoever intentionally violates s. 11.25, 11.26, 11.27 (1), 11.30 (1) or 11.38 where the intentional violation does not involve a specific figure, or where the intentional violation concerns a figure that exceeds $100 in amount or value may be fined not more than $10,000 or imprisoned for not more than 3 years or both.

AB296, s. 3 Section 3. 12.60 (1) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,8,16 12.60 (1) (a) Whoever violates s. 12.09, 12.11 or 12.13 (1), (2) or (3) (a), (e), (f), (j), (k), (L), (m), (y) or (z) may be fined not more than $10,000 or imprisoned for not more than 3 years or both.

AB296, s. 4 Section 4. 13.05 of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,9,8 13.05 Logrolling prohibited. Any member of the legislature who gives, offers or promises to give his or her vote or influence in favor of or against any measure or proposition pending or proposed to be introduced, in the legislature in consideration or upon condition that any other person elected to the same legislature will give or will promise or agree to give his or her vote or influence in favor of or against any other measure or proposition pending or proposed to be introduced in such legislature, or who gives, offers or promises to give his or her vote or influence for or against any measure on condition that any other member will give his or her vote or influence in favor of any change in any other bill pending or proposed to be introduced in the legislature may be fined not less than $500 nor more than $1,000 or imprisoned for not less than one year nor more than 3 years or both.

AB296, s. 5 Section 5. 13.06 of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,9,21 13.06 Executive favor. Any member of the legislature who gives, offers or promises to give his or her vote or influence in favor of or against any measure or proposition pending or proposed to be introduced in the legislature, or that has already been passed by either house of the legislature, in consideration of or on condition that the governor approve, disapprove, veto or sign, or agree to approve, disapprove, veto or sign, any other measure or proposition pending or proposed to be introduced in the legislature or that has already been passed by the legislature, or either house thereof, or in consideration or upon condition that the governor nominate for appointment or appoint or remove any person to or from any office or position under the laws of this state, may be fined not less than $500 nor more than $1,000 or imprisoned for not less than one year nor more than 2 years or both.

AB296, s. 6 Section 6. 13.69 (6m) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,9,25 13.69 (6m) Any principal, lobbyist or other individual acting on behalf of a principal who files a statement under s. 13.63 (1), 13.64, 13.65, 13.67 or 13.68 that he or she does not believe to be true may be fined not more than $10,000 or imprisoned for not more than 5 years or both.

AB296, s. 7 Section 7. 19.85 (1) (d) of the statutes is amended to read:

AB296,10,7 19.85 (1) (d) Except as provided in s. 304.06 (1) (eg) and by rule rules promulgated under s. 304.06 (1) (em), considering specific applications of probation, extended supervision or parole, or considering strategy for crime detection or prevention.

AB296, s. 8 Section 8. 20.410 (1) (b) of the statutes is amended to read:

AB296,10,15 20.410 (1) (b) Services for community corrections. The amounts in the schedule to provide services related to probation, extended supervision and parole, the intensive sanctions program under s. 301.048, the community residential confinement program under s. 301.046, programs of intensive supervision of adult offenders and minimum security correctional institutions established under s. 301.13. No payments may be made under this paragraph for payments in accordance with other states party to the interstate corrections compact under s. 302.25.

AB296, s. 9 Section 9. 20.410 (1) (bn) of the statutes is amended to read:

AB296,10,20 20.410 (1) (bn) Reimbursing counties for probation, extended supervision and parole holds. The amounts in the schedule for payments to counties under s. 302.33 (2) (a) for costs relating to maintaining persons in custody pending the disposition of their parole, extended supervision or probation revocation proceedings.

AB296, s. 10 Section 10. 20.410 (1) (d) of the statutes is amended to read:

AB296,11,2 20.410 (1) (d) Purchased services for offenders. The amounts in the schedule for the purchase of goods, care and services, including community-based residential care, authorized under s. 301.08 (1) (b) 1., for inmates, probationers , and parolees and persons on extended supervision. In addition, funds from this appropriation shall be used to reimburse programs under s. 38.04 (12).

AB296, s. 11 Section 11. 20.410 (1) (g) of the statutes is amended to read:

AB296,11,8 20.410 (1) (g) Loan fund for persons on probation, extended supervision or parole. The amounts in the schedule for the purposes specified in ss. 301.32 (3) and 304.075. All moneys received belonging to absconding probationers, and parolees, and persons on extended supervision under ss. 301.32 (3) and 304.075 shall be credited to this appropriation.

AB296, s. 12 Section 12. 20.410 (1) (gb) of the statutes is amended to read:

AB296,11,14 20.410 (1) (gb) Drug testing. All moneys received from probation, extended supervision and parole clients who are required to pay for their drug testing, as prescribed by rule in accordance with s. 301.03 (3), for expenditures related to the drug testing program for probationers, and parolees and persons on extended supervision under s. 301.03 (3).

AB296, s. 13 Section 13. 20.410 (1) (gc) of the statutes is amended to read:

AB296,11,20 20.410 (1) (gc) Sex offender honesty testing. All moneys received from probation, extended supervision and parole clients who are required to pay for polygraph examinations, as prescribed by rule in accordance with s. 301.132 (3), for expenditures related to the lie detector test program for probationers , extended supervision and parolees under s. 301.132.

AB296, s. 14 Section 14. 20.410 (1) (ge) of the statutes is amended to read:

AB296,12,2 20.410 (1) (ge) Administrative and minimum supervision. The amounts in the schedule for the supervision of probationers, and parolees and persons on extended supervision under minimum or administrative supervision and for the department's costs associated with contracts under s. 301.08 (1) (c) 2. All moneys received from vendors under s. 301.08 (1) (c) 4. and from fees charged under s. 304.073 (2) shall be credited to this appropriation account.

AB296, s. 15 Section 15. 20.410 (1) (gf) of the statutes is amended to read:

AB296,12,7 20.410 (1) (gf) Probation, and parole and extended supervision. The amounts in the schedule for probation, and parole and extended supervision. All moneys received from fees charged under s. 304.074 (2) shall be credited to this appropriation account.

AB296, s. 16 Section 16. 20.505 (3) (c) of the statutes is repealed.

AB296, s. 17 Section 17. 23.33 (13) (cg) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,12,14 23.33 (13) (cg) Penalties related to causing death or injury; interference with signs and standards. A person who violates sub. (8) (f) 1. shall be fined not more than $10,000 or imprisoned for not more than 2 years or both if the violation causes the death or injury, as defined in s. 30.67 (3) (b), of another person.

AB296, s. 18 Section 18. 26.14 (8) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,12,19 26.14 (8) Any person who intentionally sets fire to the land of another or to a marsh shall be fined not more than $10,000 or imprisoned for not more than 5 years or both.

AB296, s. 19 Section 19. 29.971 (1) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,12,24 29.971 (1) (c) For having fish in his or her possession in violation of this chapter and the value of the fish under par. (d) exceeds $1,000, by a fine of not more than $10,000 or imprisonment for not more than 2 years or both.

AB296, s. 20 Section 20. 29.971 (1m) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,13,5 29.971 (1m) (c) For possessing clams in violation of s. 29.537, if the value of the clams under par. (d) exceeds $1,000, by a fine of not more than $10,000 or imprisonment for not more than 2 years or both.

AB296, s. 21 Section 21. 29.971 (11m) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,13,16 29.971 (11m) (a) For shooting, shooting at, killing, taking, catching or possessing a bear without a valid Class A bear license, or for possessing a bear that does not have a carcass tag attached or possessing a bear during the closed season, by a fine of not less than $1,000 nor more than $2,000 or by imprisonment for not more than 6 months or both for the first violation, or by a fine of not more than $5,000 or imprisonment for not more than one year or both for any subsequent violation, and, in addition, the court shall revoke all hunting approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting approval under this chapter to the person for 3 years.

AB296, s. 22 Section 22. 29.971 (11p) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,13,21 29.971 (11p) (a) For entering the den of a hibernating black bear and harming the bear, by a fine of not more than $10,000 or imprisonment for not more than one year or both.

AB296, s. 23 Section 23. 30.80 (2g) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,14,3 30.80 (2g) (b) Shall be fined not less than $300 nor more than $5,000 or imprisoned for not more than one year or both if the accident involved injury to a person but the person did not suffer great bodily harm.

AB296, s. 24 Section 24. 30.80 (2g) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,14,8 30.80 (2g) (c) Shall be fined not more than $10,000 or imprisoned for not more than 2 years or both if the accident involved injury to a person and the person suffered great bodily harm.

AB296, s. 25 Section 25. 30.80 (2g) (d) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,14,12 30.80 (2g) (d) Shall be fined not more than $10,000 or imprisoned for not more than 5 years or both if the accident involved death to a person.

AB296, s. 26 Section 26. 30.80 (3m) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,14,16 30.80 (3m) Any person violating s. 30.547 (1), (3) or (4) shall be fined not more than $5,000 or imprisoned not more than 5 years or both.

AB296, s. 27 Section 27. 36.25 (6) (d) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,15,2 36.25 (6) (d) Any officer, agent, clerk or employe of the survey or department of revenue who makes known to any person except the officers of the survey or department of revenue, in any manner, any information given to such person in the discharge of such person's duties under par. (c), which information was given to such person with the request that it not be made known, upon conviction thereof, shall be fined not less than $50 nor more than $500 or imprisoned for not less than one month nor more than 2 years. This paragraph shall not prevent the use for assessment purposes of any information obtained under this subsection.

AB296, s. 28 Section 28. 46.21 (1) (d) of the statutes is amended to read:

AB296,15,11 46.21 (1) (d) "Human services" means the total range of services to people, including mental illness treatment, developmental disabilities services, physical disabilities services, relief funded by a relief block grant under ch. 49, income maintenance, youth probation, extended supervision and parole services, alcohol and drug abuse services, services to children, youth and families, family counseling, early intervention services for children from birth to the age of 3 and manpower services. "Human services" does not include child welfare services under s. 48.48 (17) administered by the department in a county having a population of 500,000 or more.

AB296, s. 29 Section 29. 46.23 (2) (a) of the statutes is amended to read:

AB296,15,18 46.23 (2) (a) "Human services" means the total range of services to people including, but not limited to, health care, mental illness treatment, developmental disabilities services, relief funded by a block grant under ch. 49, income maintenance, probation, extended supervision and parole services, alcohol and drug abuse services, services to children, youth and aging, family counseling, special education services and manpower services.

AB296, s. 30 Section 30. 46.48 (8) (d) 1. of the statutes is amended to read:

AB296,15,24 46.48 (8) (d) 1. The use of liaisons to meet with prospective program participants to provide information about the program and to assist program participants, prior to their release on extended supervision or parole, in planning for and obtaining the housing, employment, education and treatment that they will need upon release.

AB296, s. 31 Section 31. 47.03 (3) (d) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,16,4 47.03 (3) (d) Any person who violates this subsection shall be fined not more than $1,000 or imprisoned for not more than one year or both.

AB296, s. 32 Section 32. 48.78 (2) (d) 5. of the statutes is amended to read:

AB296,16,7 48.78 (2) (d) 5. On parole under s. 302.11 or ch. 304 or on extended supervision under s. 302.113 or 302.114.

AB296, s. 33 Section 33. 49.124 (6) of the statutes is amended to read:

AB296,16,12 49.124 (6) Ineligibility for fugitive felons. No person is eligible for the food stamp program in a month in which that person is a fugitive felon under 7 USC 2015 (k) (1) or is violating a condition of probation, extended supervision or parole imposed by a state or federal court.

AB296, s. 34 Section 34. 49.127 (8) (a) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,16,17 49.127 (8) (a) 2. If the value of the food coupons exceeds $100, but is less than $5,000, a person who violates this section may be fined not more than $10,000 or imprisoned for not more than 5 years or both.

AB296, s. 35 Section 35. 49.127 (8) (b) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,16,22 49.127 (8) (b) 2. If the value of the food coupons exceeds $100, but is less than $5,000, a person who violates this section may be fined not more than $10,000 or imprisoned for not more than 5 years or both.

AB296, s. 36 Section 36. 49.127 (8) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,17,3 49.127 (8) (c) For any offense under this section, if the value of the food coupons is $5,000 or more, a person who violates this section may be fined not more than $250,000 or imprisoned for not more than 20 years or both.

AB296, s. 37 Section 37. 49.141 (7) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,17,9 49.141 (7) (a) A person who is convicted of violating sub. (6) in connection with the furnishing by that person of items or services for which payment is or may be made under Wisconsin works may be fined not more than $25,000 or imprisoned for not more than 5 years or both.

AB296, s. 38 Section 38. 49.141 (7) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,17,14 49.141 (7) (b) A person, other than a person under par. (a), who is convicted of violating sub. (6) may be fined not more than $10,000 or imprisoned for not more than one year or both.

AB296, s. 39 Section 39. 49.141 (9) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,17,24 49.141 (9) (a) Whoever solicits or receives any remuneration in cash or in-kind, in return for referring an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under Wisconsin works, or in return for purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing, or ordering any good, facility, service or item for which payment may be made in whole or in part under Wisconsin works, may be fined not more than $25,000 or imprisoned for not more than 5 years or both.

AB296, s. 40 Section 40. 49.141 (9) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,18,10 49.141 (9) (b) Whoever offers or pays any remuneration in cash or in-kind to any person to induce the person to refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under Wisconsin works, or to purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any good, facility, service or item for which payment may be made in whole or in part under any provision of Wisconsin works, may be fined not more than $25,000 or imprisoned for not more than 5 years or both.

AB296, s. 41 Section 41. 49.141 (10) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,18,14 49.141 (10) (b) A person who violates this subsection may be fined not more than $25,000 or imprisoned for not more than 5 years or both.

AB296, s. 42 Section 42. 49.145 (2) (rm) of the statutes is amended to read: