AB296,52,105
301.048
(4m) (b) (intro.) As soon as possible after a prisoner, probationer
, or 6parolee
or person on extended supervision who has violated s. 940.03, 940.05,
7940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06 or 948.07 enters the intensive
8sanctions program, the department shall make a reasonable attempt to notify all of
9the following persons, if they can be found, in accordance with par. (c) and after
10receiving a completed card under par. (d):
AB296, s. 162
11Section
162. 301.048 (4m) (b) 1. of the statutes is amended to read:
AB296,52,1512
301.048
(4m) (b) 1. The victim of the crime committed by the prisoner,
13probationer
, or parolee
or person on extended supervision or, if the victim died as a
14result of the crime, an adult member of the victim's family or, if the victim is younger
15than 18 years old, the victim's parent or legal guardian.
AB296, s. 163
16Section
163. 301.048 (4m) (b) 2. of the statutes is amended to read:
AB296,52,1917
301.048
(4m) (b) 2. Any witness who testified against the prisoner, probationer
, 18or parolee
or person on extended supervision in any court proceeding involving the
19offense.
AB296, s. 164
20Section
164. 301.048 (6) (a) of the statutes is renumbered 301.048 (6) and
21amended to read:
AB296,52,2422
301.048
(6) Except as provided in par. (b), the The department may discharge
23a participant from participation in the program and from departmental custody and
24control at any time.
AB296, s. 165
25Section
165. 301.048 (6) (b) of the statutes is repealed.
AB296, s. 166
1Section
166. 301.049 (2) (a) 2. of the statutes is amended to read:
AB296,53,42
301.049
(2) (a) 2. On probation
, extended supervision or parole and who, if
3approved by the department under par. (b), would participate in the program as an
4alternative to revocation of probation
, extended supervision or parole.
AB296, s. 167
5Section
167. 301.049 (3) (e) of the statutes is amended to read:
AB296,53,76
301.049
(3) (e) Prepare each mother to be able to live in a safe, lawful and stable
7manner in the community upon parole
, extended supervision or discharge.
AB296, s. 168
8Section
168. 301.08 (1) (c) 2., 3., 3m. and 5. of the statutes are amended to read:
AB296,53,129
301.08
(1) (c) 2. Beginning on January 1, 1996, the department may contract
10with public, private or voluntary vendors for the supervision or for any component
11of the supervision of probationers
, and parolees
and persons on extended supervision 12who are under minimum supervision or administrative supervision.
AB296,53,1613
3. Except as provided in subd. 3m., a contract under subd. 2. shall authorize
14a vendor to charge a fee to probationers
, and parolees
and persons on extended
15supervision sufficient to cover the cost of supervision and administration of the
16contract.
AB296,53,2117
3m. A contract under subd. 2. shall permit the department to prohibit a vendor
18from charging a fee to a probationer
, or parolee
or person on extended supervision
19who is supervised under the contract if the probationer
, or parolee
or person on
20extended supervision demonstrates that he or she is unable to pay the fee because
21of any of the following:
AB296,53,2322
a. The probationer
, or parolee
or person on extended supervision is undergoing
23treatment approved by the department and is unable to work.
AB296,54,224
b. The probationer
, or parolee
or person on extended supervision has a
25statement from a physician certifying to the department that the probationer
, or
1parolee
or person on extended supervision should be excused from working for
2medical reasons.
AB296,54,73
5. The department shall promulgate rules for fees, collections, reporting and
4verification regarding probationers
, and parolees
and persons on extended
5supervision supervised by a vendor who contracts with the department under subd.
62. and shall promulgate rules defining "administrative supervision" and "minimum
7supervision".
AB296, s. 169
8Section
169. 301.08 (3) (b) (intro.) of the statutes is amended to read:
AB296,54,119
301.08
(3) (b) (intro.) Before contracting under this section for transitional
10housing for the temporary placement of persons on parole
, extended supervision or
11probation, the department shall notify all of the following of the proposed contract:
AB296, s. 170
12Section
170. 301.132 (2) of the statutes is amended to read:
AB296,54,1613
301.132
(2) The department may require, as a condition of probation
, or parole
14or extended supervision, that a probationer
, or parolee
or person on extended
15supervision who is a sex offender submit to a lie detector test when directed to do so
16by the department.
AB296, s. 171
17Section
171. 301.132 (3) of the statutes is amended to read:
AB296,54,2218
301.132
(3) The department shall promulgate rules establishing a lie detector
19test program for probationers
, and parolees
and persons on extended supervision
20who are sex offenders. The rules shall provide for assessment of fees upon
21probationers
, and parolees
and persons on extended supervision to partially offset
22the costs of the program.
AB296, s. 172
23Section
172. 301.21 (1m) (a) 8. of the statutes is amended to read:
AB296,54,2524
301.21
(1m) (a) 8. Provisions concerning procedures for probation, parole
,
25extended supervision and discharge.
AB296, s. 173
1Section
173. 301.21 (2m) (a) 6. of the statutes is amended to read:
AB296,55,32
301.21
(2m) (a) 6. Provisions concerning procedures for probation, parole
,
3extended supervision and discharge.
AB296, s. 174
4Section
174. 301.32 (3) (a) of the statutes is amended to read:
AB296,55,105
301.32
(3) (a) All money or other property paid or delivered to a probation
,
6extended supervision and parole agent or other employe of the department by or for
7the benefit of any person on probation
, extended supervision or parole shall be
8immediately transmitted to the department and it shall enter the same upon its
9books to his or her credit. The property shall be used only under the direction of the
10department.
AB296, s. 175
11Section
175. 301.32 (3) (b) of the statutes is amended to read:
AB296,55,1512
301.32
(3) (b) If the person on probation
, extended supervision or parole
13absconds, the money shall be credited to the revolving fund created by s. 304.075; and
14other property if not called for within one year shall be sold by the department and
15the proceeds shall be credited to the fund.
AB296, s. 176
16Section
176. 301.35 (2) (bm) of the statutes is repealed.
AB296, s. 177
17Section
177. 301.38 (1) (am) of the statutes is amended to read:
AB296,55,2118
301.38
(1) (am) "Prisoner" has the meaning given in s. 301.01 (2), but does not
19include any person in the intensive sanctions program under s. 301.048 or any person
20who is imprisoned as an alternative to the revocation of probation
, extended
21supervision or parole.
AB296, s. 178
22Section
178. 301.45 (1) (b) of the statutes is amended to read:
AB296,56,423
301.45
(1) (b) Is in prison, a secured correctional facility, as defined in s. 938.02
24(15m), or a secured child caring institution, as defined in s. 938.02 (15g), or on
25probation,
extended supervision, parole, supervision or aftercare supervision on or
1after December 25, 1993, for any violation, or for the solicitation, conspiracy or
2attempt to commit any violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02
3(1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30, or of s.
4940.30 or 940.31 if the victim was a minor and the person was not the victim's parent.
AB296, s. 179
5Section
179. 301.45 (1) (bm) of the statutes is amended to read:
AB296,56,136
301.45
(1) (bm) Is in prison, a secured correctional facility, as defined in s.
7938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or
8on probation,
extended supervision, parole, supervision or aftercare supervision on
9or after December 25, 1993, for a violation, or for the solicitation, conspiracy or
10attempt to commit a violation, of a law of this state that is comparable to s. 940.22
11(2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06,
12948.07, 948.08, 948.11 or 948.30 or that is comparable to a violation of s. 940.30 or
13940.31 if the victim was a minor and the person was not the victim's parent.
AB296, s. 180
14Section
180. 301.45 (1) (dh) of the statutes is amended to read:
AB296,56,2115
301.45
(1) (dh) Is on parole
, extended supervision or probation in this state
16from another state under s. 304.13 or 304.135 on or after December 25, 1993, for a
17violation, or for the solicitation, conspiracy or attempt to commit a violation, of the
18law of another state that is comparable to a violation of s. 940.22 (2), 940.225 (1), (2)
19or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08,
20948.11 or 948.30 or that is comparable to a violation of s. 940.30 or 940.31 if the victim
21was a minor and the person was not the victim's parent.
AB296, s. 181
22Section
181. 301.45 (2) (a) 4. b. of the statutes is amended to read:
AB296,56,2523
301.45
(2) (a) 4. b. The date the person was or is to be released from
24confinement, whether on parole
, extended supervision or otherwise, or discharged
25or terminated from a sentence or commitment.
AB296, s. 182
1Section
182. 301.45 (2) (e) 1. of the statutes is amended to read:
AB296,57,42
301.45
(2) (e) 1. Within 10 days after the person being placed on parole,
3extended supervision, probation, supervision, aftercare supervision, conditional
4release or supervised release.
AB296, s. 183
5Section
183. 301.45 (2) (e) 2. of the statutes is amended to read:
AB296,57,86
301.45
(2) (e) 2. If the person is on parole
, extended supervision or probation
7from another state under s. 304.13 or 304.135, within 10 days after the person enters
8this state.
AB296, s. 184
9Section
184. 301.45 (3) (a) 1m. of the statutes is amended to read:
AB296,57,1210
301.45
(3) (a) 1m. If the person is on parole
, extended supervision or probation
11from another state under s. 304.13 or 304.135, he or she is subject to this subsection
12upon entering this state.
AB296, s. 185
13Section
185. 301.45 (3) (a) 2. of the statutes is amended to read:
AB296,57,1714
301.45
(3) (a) 2. If the person has been sentenced to prison or placed in a secured
15correctional facility or a secured child caring institution, he or she is subject to this
16subsection upon being released on parole
, extended supervision or aftercare
17supervision.
AB296, s. 186
18Section
186. 301.45 (3) (b) 2. of the statutes is amended to read:
AB296,58,219
301.45
(3) (b) 2. The department shall notify a person who is being released
20from prison because he or she has reached the expiration date of his or her sentence
21and who is covered under sub. (1) of the need to comply with this section. Also,
22probation
, extended supervision and parole agents, aftercare agents and agencies
23providing supervision shall notify any client who is covered under sub. (1) of the need
24to comply with this section at the time the client is placed on probation,
extended
25supervision, parole, supervision or aftercare supervision or, if the client is on
1probation
, extended supervision or parole from another state under s. 304.13 or
2304.135, when the client enters this state.
AB296, s. 187
3Section
187. 301.45 (3) (b) 4. of the statutes is amended to read:
AB296,58,74
301.45
(3) (b) 4. Failure to receive notice under this paragraph from the
5department of health and family services, the department of corrections, a probation
,
6extended supervision and parole agent, an aftercare agent or an agency providing
7supervision is not a defense to liability under sub. (6).
AB296, s. 188
8Section
188. 301.45 (5) (a) 1m. of the statutes is amended to read:
AB296,58,119
301.45
(5) (a) 1m. If the person is on parole
, extended supervision or probation
10from another state under s. 304.13 or 304.135, 15 years after discharge from that
11parole
, extended supervision or probation.
AB296, s. 189
12Section
189. 301.46 (2) (b) 4. b. of the statutes is amended to read:
AB296,58,1513
301.46
(2) (b) 4. b. The date the person was released from confinement, whether
14on parole
, extended supervision or otherwise, or discharged or terminated from a
15sentence or commitment.
AB296, s. 190
16Section
190. 302.045 (1) of the statutes is amended to read:
AB296,58,2517
302.045
(1) Program. The department shall provide a challenge incarceration
18program for inmates selected to participate under sub. (2). The program shall
19provide participants with strenuous physical exercise, manual labor, personal
20development counseling, substance abuse treatment and education, military drill
21and ceremony and counseling in preparation for release on parole
or extended
22supervision. The department shall design the program to include not less than 50
23participants at a time and so that a participant may complete the program in not
24more than 180 days. The department may restrict participant privileges as
25necessary to maintain discipline.
AB296, s. 191
1Section
191. 302.045 (2) (cm) of the statutes is repealed.
AB296, s. 192
2Section
192. 302.045 (3) of the statutes is amended to read:
AB296,59,93
302.045
(3) Parole eligibility. Except as provided in sub. (4), if the department
4determines that an inmate has successfully completed the challenge incarceration
5program, the parole commission shall parole the inmate under s. 304.06, regardless
6of the time the inmate has served
, unless the person is serving a sentence imposed
7under s. 973.01. When the parole commission grants parole under this subsection,
8it must require the parolee to participate in an intensive supervision program for
9drug abusers as a condition of parole.
AB296, s. 193
10Section
193. 302.045 (3m) of the statutes is repealed.
AB296, s. 194
11Section
194. 302.045 (4) of the statutes is amended to read:
AB296,59,1412
302.045
(4) Intensive sanctions program participants. The department may
13place any intensive sanctions program participant in the challenge incarceration
14program. The participant is not subject to subs. (2)
,
and (3)
and (3m).
AB296,60,217
302.095
(2) Any officer or other person who delivers or procures to be delivered
18or has in his or her possession with intent to deliver to any inmate confined in a jail
19or state prison, or who deposits or conceals in or about a jail or prison, or the precincts
20of a jail or prison, or in any vehicle going into the premises belonging to a jail or
21prison, any article or thing whatever, with intent that any inmate confined in the jail
22or prison shall obtain or receive the same, or who receives from any inmate any
23article or thing whatever with intent to convey the same out of a jail or prison,
24contrary to the rules or regulations and without the knowledge or permission of the
25sheriff or other keeper of the jail, in the case of a jail, or of the warden or
1superintendent of the prison, in the case of a prison, shall be imprisoned for not more
2than 2 years or fined not more than $500.
AB296, s. 196
3Section
196. 302.11 (1) of the statutes is amended to read:
AB296,60,94
302.11
(1) The warden or superintendent shall keep a record of the conduct of
5each inmate, specifying each infraction of the rules. Except as provided in subs. (1g),
6(1m), (1q),
(1z), (7) and (10), each inmate is entitled to mandatory release on parole
7by the department. The mandatory release date is established at two-thirds of the
8sentence. Any calculations under this subsection or sub. (1q) (b) or (2) (b) resulting
9in fractions of a day shall be rounded in the inmate's favor to a whole day.
AB296, s. 197
10Section
197. 302.11 (1g) (am) of the statutes is amended to read:
AB296,60,1311
302.11
(1g) (am) The mandatory release date established in sub. (1) is a
12presumptive mandatory release date for an inmate who is serving a sentence for a
13serious felony committed on or after April 21, 1994
, but before December 31, 1999.
AB296, s. 198
14Section
198. 302.11 (1i) of the statutes is amended to read:
AB296,60,1815
302.11
(1i) Except as provided in sub. (1z), an An inmate serving a sentence
16to the intensive sanctions program is entitled to mandatory release. The mandatory
17release date under sub. (1) is established at two-thirds of the sentence under s.
18973.032 (3) (a).
AB296, s. 199
19Section
199. 302.11 (1p) of the statutes is amended to read:
AB296,60,2220
302.11
(1p) An inmate serving a term subject to s. 961.49 (2)
for a crime
21committed before December 31, 1999, is entitled to mandatory release, except the
22inmate may not be released before he or she has complied with s. 961.49 (2).
AB296, s. 200
23Section
200. 302.11 (1z) of the statutes is repealed.
AB296, s. 201
24Section
201. 302.11 (6) of the statutes is amended to read:
AB296,61,9
1302.11
(6) Any inmate released on parole under sub. (1) or (1g) (b) or s. 304.02
2or 304.06 (1) is subject to all conditions and rules of parole until the expiration of the
3sentence or until he or she is discharged by the department. Except as provided in
4ch. 304, releases from prison shall be on the Tuesday or Wednesday preceding the
5release date. The department may discharge a parolee on or after his or her
6mandatory release date or after 2 years of supervision. Any inmate sentenced to the
7intensive sanctions program who is released on parole under sub. (1) or s. 304.02 or
8304.06 (1) remains in the program unless discharged by the department under s.
9301.048 (6)
(a).
AB296, s. 202
10Section
202. 302.11 (9) of the statutes is amended to read:
AB296,61,1311
302.11
(9) Except as provided in
subs.
sub. (1g) (am)
and (1z), this section
12applies to persons committing offenses occurring on or after June 1, 1984, or persons
13filing requests in accordance with
1983 Wisconsin Act 528, section
29 (2) or (3).
AB296, s. 203
14Section
203. 302.113 of the statutes is repealed.
AB296, s. 204
15Section
204. 302.114 of the statutes is repealed.
AB296, s. 205
16Section
205. 302.14 of the statutes is amended to read:
AB296,61,25
17302.14 (title)
Property of deceased inmates, parolees, or probationers
18or persons on extended supervision, disposition. When an inmate of a prison,
19a parolee of an institution
, a person on extended supervision or a person on probation
20to the department dies leaving an estate of $150 or less in the trust of the warden,
21superintendent or secretary, the warden, superintendent or secretary shall try to
22determine whether or not the estate is to be probated. If probate proceedings are not
23commenced within 90 days, the warden, superintendent or secretary shall turn over
24the money or securities to the nearest of kin as evidenced by the records of the
25institution and the department.
AB296, s. 206
1Section
206. 302.17 (2) of the statutes is amended to read:
AB296,62,62
302.17
(2) The department shall make entries on the register to reflect the
3progress made by each inmate while incarcerated and the inmate's release on parole
4or extended supervision, condition at the time of release on parole
or extended
5supervision and progress made while on parole
or extended supervision. This
6subsection does not apply to inmates subject to an order under s. 48.366.