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200. 302.11 (1z) of the statutes is repealed.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203. 302.113 of the statutes is repealed.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204. 302.114 of the statutes is repealed.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.
AB296, s. 207
7Section
207. 302.25 (4) (c) of the statutes is amended to read:
AB296,62,168
302.25
(4) (c) Inmates confined in an institution pursuant to the terms of this
9compact shall at all times be subject to the jurisdiction of the sending state and may
10at any time be removed therefrom for transfer to a prison or other institution within
11the sending state, for transfer to another institution in which the sending state may
12have a contractual or other right to confine inmates, for release on probation
,
13extended supervision or parole, for discharge, or for any other purpose permitted by
14the laws of the sending state; provided, that the sending state shall continue to be
15obligated to such payments as may be required pursuant to the terms of any contract
16entered into under the terms of sub. (3).
AB296, s. 208
17Section
208. 302.33 (2) (a) (intro.) of the statutes is amended to read:
AB296,62,2118
302.33
(2) (a) (intro.) The department shall pay for the maintenance of persons
19in its custody who are placed in the county jail or other county facility, or in a tribal
20jail under s. 302.445, pending disposition of parole
, extended supervision or
21probation revocation proceedings subject to the following conditions:
AB296, s. 209
22Section
209. 302.33 (2) (b) of the statutes is amended to read:
AB296,63,223
302.33
(2) (b) This subsection applies only to probationers
, or parolees
or
24persons on extended supervision who were placed on that status in connection with
1a conviction for a felony. This subsection applies only to confinements initiated after
2July 2, 1983.
AB296, s. 210
3Section
210. 302.335 (title) of the statutes is amended to read:
AB296,63,5
4302.335 (title)
Restrictions on detaining probationers, and parolees
5and persons on extended supervision in county or tribal jail.
AB296, s. 211
6Section
211. 302.335 (2) (intro.) of the statutes is amended to read:
AB296,63,107
302.335
(2) (intro.) If a probationer
,
or parolee
or person on extended
8supervision is detained in a county jail or other county facility, or in a tribal jail under
9s. 302.445, pending disposition of probation
, or parole
or extended supervision 10revocation proceedings, the following conditions apply:
AB296, s. 212
11Section
212. 302.335 (2) (a) (intro.) of the statutes is amended to read:
AB296,63,1912
302.335
(2) (a) (intro.) The department shall begin a preliminary revocation
13hearing within 15 working days after the probationer
,
or parolee
or person on
14extended supervision is detained in the county jail, other county facility or the tribal
15jail. The department may extend, for cause, this deadline by not more than 5
16additional working days upon written notice to the probationer
, or parolee
or person
17on extended supervision and the sheriff, the tribal chief of police or other person in
18charge of the county facility. This paragraph does not apply under any of the
19following circumstances:
AB296, s. 213
20Section
213. 302.335 (2) (a) 1. of the statutes is amended to read:
AB296,63,2221
302.335
(2) (a) 1. The probationer
,
or parolee
or person on extended supervision 22has waived, in writing, the right to a preliminary hearing.
AB296, s. 214
23Section
214. 302.335 (2) (a) 2. of the statutes is amended to read:
AB296,63,2524
302.335
(2) (a) 2. The probationer
,
or parolee
or person on extended supervision 25has given and signed a written statement that admits the violation.
AB296, s. 215
1Section
215. 302.335 (2) (a) 3. of the statutes is amended to read:
AB296,64,52
302.335
(2) (a) 3. There has been a finding of probable cause in a felony criminal
3action and the probationer
, or parolee
or person on extended supervision is bound
4over for trial for the same or similar conduct that is alleged to be a violation of
5supervision.
AB296, s. 216
6Section
216. 302.335 (2) (b) of the statutes is amended to read:
AB296,64,147
302.335
(2) (b) The division shall begin a final revocation hearing within 50
8calendar days after the person is detained in the county jail, other county facility or
9the tribal jail. The department may request the division to extend this deadline by
10not more than 10 additional calendar days, upon notice to the probationer
, or parolee
11or person on extended supervision, the sheriff, the tribal chief of police or other
12person in charge of the facility, and the division. The division may grant the request.
13This paragraph does not apply if the probationer
,
or parolee
or person on extended
14supervision has waived the right to a final revocation hearing.
AB296, s. 217
15Section
217. 302.335 (3) of the statutes is amended to read:
AB296,64,1916
302.335
(3) If there is a failure to begin a hearing within the time requirements
17under sub. (2), the sheriff, the tribal chief of police or other person in charge of a
18county facility shall notify the department at least 24 hours before releasing a
19probationer
, or parolee
or person on extended supervision under this subsection.
AB296, s. 218
20Section
218. 302.335 (4) of the statutes is amended to read:
AB296,64,2521
302.335
(4) This section applies to probationers
, or parolees
or persons on
22extended supervision who begin detainment in a county jail, other county facility or
23a tribal jail on or after July 1, 1990, except that this section does not apply to any
24probationer
, or parolee
or person on extended supervision who is in the county jail,
25other facility or the tribal jail and serving a sentence.
AB296, s. 219
1Section
219. 303.065 (1) (b) of the statutes is amended to read:
AB296,65,62
303.065
(1) (b) 1. A person serving a life sentence, other than a life sentence
3specified in subd. 2., may be considered for work release only after he or she has
4reached parole eligibility under s. 304.06 (1) (b) or 973.014 (1) (a) or (b), whichever
5is applicable
, or he or she has reached his or her extended supervision eligibility date
6under s. 302.114 (9) (b) or 973.014 (1g) (a) 1. or 2., whichever is applicable.
AB296,65,87
2. A person serving a life sentence under s. 939.62 (2m) (c) or 973.014 (1) (c)
or
8(1g) (a) 3. may not be considered for work release.
AB296, s. 220
9Section
220. 303.21 (1) (a) of the statutes is amended to read:
AB296,65,2110
303.21
(1) (a) If an inmate of a state institution, in the performance of assigned
11work is injured so as to be permanently incapacitated or to have materially reduced
12earning power, the inmate may, upon being released from such institution, either
13upon release on parole
or extended supervision or upon final discharge, be allowed
14and paid such compensation as the department of workforce development finds the
15inmate entitled to. The inmate shall be compensated on the same basis as if the
16injury had been covered by ch. 102, except that the total paid to any inmate may not
17exceed $10,000 and may be paid in instalments. If the injury results from
18employment in a prison industry, the payment shall be made from the revolving
19appropriation for its operation. If there is no revolving appropriation, payment shall
20be made from the general fund. In case of dispute, the procedure for hearing, award
21and appeal shall be as set forth in ss. 102.16 to 102.26.
AB296, s. 221
22Section
221. 303.215 of the statutes is amended to read:
AB296,66,8
23303.215 Compensation to prisoners or residents injured in prison
24industries employment. In accordance with s. 102.03 (2), for an inmate of a state
25institution or a resident subject to s. 303.01 (1) (b) employed under s. 303.06 (2),
1compensation under ch. 102 on being released from the applicable institution, on
2parole,
on extended supervision, on final discharge or in accordance with ch. 938,
3whichever is applicable, is the exclusive remedy against the department and any
4employe of the department for any injury sustained by the inmate or resident while
5performing service growing out of and incidental to that employment. The
6department shall make any payments required under this section from the revolving
7appropriation for the operation of prison industries or, if there is no revolving
8appropriation for the operation of prison industries, from the general fund.
AB296, s. 222
9Section
222. 304.02 (3) (c) of the statutes is amended to read:
AB296,66,1210
304.02
(3) (c) The institution social worker or the probation
, extended
11supervision and parole agent of record has reason to believe the prisoner will be able
12to maintain himself or herself in society without engaging in assaultive activity.
AB296, s. 223
13Section
223. 304.02 (4) of the statutes is amended to read:
AB296,66,1614
304.02
(4) If a person is sentenced under s. 973.032, he or she is eligible for a
15release to parole supervision under this section and remains in the intensive
16sanctions program unless discharged by the department under s. 301.048 (6)
(a).
AB296, s. 224
17Section
224. 304.02 (5) of the statutes is amended to read:
AB296,66,2018
304.02
(5) Notwithstanding subs. (1) to (3), a prisoner who is serving a life
19sentence under s. 939.62 (2m) (c) or 973.014 (1) (c)
or (1g) is not eligible for release
20to parole supervision under this section.
AB296, s. 225
21Section
225. 304.02 (6) of the statutes is repealed.
AB296, s. 226
22Section
226. 304.06 (1) (b) of the statutes is amended to read:
AB296,67,1223
304.06
(1) (b) Except as provided in sub. (1m) or s. 302.045 (3), 961.49 (2)
,
24973.01 (6) or 973.0135, the parole commission may parole an inmate of the Wisconsin
25state prisons or any felon or any person serving at least one year or more in a county
1house of correction or a county reforestation camp organized under s. 303.07, when
2he or she has served 25% of the sentence imposed for the offense, or 6 months,
3whichever is greater. Except as provided in s. 939.62 (2m) (c) or 973.014 (1) (b) or (c)
,
4(1g) or (2), the parole commission may parole an inmate serving a life term when he
5or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject
6to extension under s. 302.11 (1q) and (2), if applicable. The person serving the life
7term shall be given credit for time served prior to sentencing under s. 973.155,
8including good time under s. 973.155 (4). The secretary may grant special action
9parole releases under s. 304.02. The department or the parole commission shall not
10provide any convicted offender or other person sentenced to the department's custody
11any parole eligibility or evaluation until the person has been confined at least 60 days
12following sentencing.
AB296, s. 227
13Section
227. 304.06 (1y) of the statutes is amended to read:
AB296,67,1614
304.06
(1y) If a person is sentenced under s. 973.032, he or she is eligible for
15a release to parole supervision under this section and remains in the intensive
16sanctions program unless discharged by the department under s. 301.048 (6)
(a).
AB296, s. 228
17Section
228. 304.062 (title) of the statutes is amended to read:
AB296,67,19
18304.062 (title)
Ordering parolees and persons on extended supervision
19to perform community service work.
AB296, s. 229
20Section
229. 304.062 (1) of the statutes is amended to read:
AB296,68,321
304.062
(1) The department may order that a parolee
or a person on extended
22supervision perform community service work for a public agency or a nonprofit
23charitable organization. An order may apply only if agreed to by the parolee
or the
24person on extended supervision and the organization or agency. The department
25shall ensure that the parolee
or the person on extended supervision is provided a
1written statement of the terms of the community service order and shall monitor the
2compliance of the parolee
or person on extended supervision with the community
3service order.
AB296, s. 230
4Section
230. 304.062 (2) of the statutes is amended to read:
AB296,68,105
304.062
(2) Any organization or agency acting in good faith to which a parolee
6or person on extended supervision is assigned under an order under this section has
7immunity from any civil liability in excess of $25,000 for acts or omissions by or
8impacting on the parolee
or person on extended supervision. The department has
9immunity from any civil liability for acts or omissions by or impacting on the parolee
10or person on extended supervision regarding the assignment under this section.
AB296, s. 231
11Section
231. 304.063 (title) of the statutes is amended to read:
AB296,68,13
12304.063 (title)
Notification prior to release on extended supervision or
13parole.
AB296, s. 232
14Section
232. 304.063 (2) (intro.) of the statutes is amended to read:
AB296,68,2015
304.063
(2) (intro.) Before a prisoner is released on parole under s. 302.11,
16304.02 or 304.06
or on extended supervision under s. 302.113 or 302.114, if
17applicable, for a violation of s. 940.01, 940.03, 940.05, 940.225 (1) or (2), 948.02 (1)
18or (2), 948.025, 948.06 or 948.07, the department shall make a reasonable attempt
19to notify all of the following persons, if they can be found, in accordance with sub. (3)
20and after receiving a completed card under sub. (4):
AB296, s. 233
21Section
233. 304.063 (3) of the statutes is amended to read:
AB296,68,2422
304.063
(3) The department shall make a reasonable attempt to send the
23notice, postmarked at least 7 days before a prisoner is released on parole
or extended
24supervision, to the last-known address of the persons under sub. (2).
AB296, s. 234
25Section
234. 304.071 (2) of the statutes is amended to read:
AB296,69,3
1304.071
(2) If a prisoner is not eligible for parole under s. 939.62 (2m) (c), 961.49
2(2),
973.01 (6), 973.014 (1) (c)
or (1g) or 973.032 (5), he or she is not eligible for parole
3under this section.
AB296, s. 235
4Section
235. 304.072 (title) of the statutes is amended to read:
AB296,69,6
5304.072 (title)
Period of probation, extended supervision or parole
6tolled.
AB296, s. 236
7Section
236. 304.072 (1) of the statutes is amended to read:
AB296,69,168
304.072
(1) If the department of corrections in the case of a parolee
, or 9probationer
or person on extended supervision who is reinstated or waives a hearing
10or the division of hearings and appeals in the department of administration in the
11case of a hearing determines that a parolee
, or probationer
or person on extended
12supervision has violated the terms of his or her supervision, the department or
13division may toll all or any part of the period of time between the date of the violation
14and the date an order of revocation or reinstatement is entered, subject to credit
15according to the terms of s. 973.155 for any time the parolee
, or probationer
or person
16on extended supervision spent confined in connection with the violation.
AB296, s. 237
17Section
237. 304.072 (2) of the statutes is amended to read:
AB296,69,2218
304.072
(2) If a parolee
, or probationer
or person on extended supervision is
19alleged to have violated the terms of his or her supervision but the department or
20division determines that the alleged violation was not proven, the period between the
21alleged violation and the determination shall be treated as service of the
22probationary
, extended supervision or parole period.
AB296, s. 238
23Section
238. 304.072 (3) of the statutes is amended to read:
AB296,70,324
304.072
(3) Except as provided in s. 973.09 (3) (b), the department preserves
25jurisdiction over a probationer
, or parolee
or person on extended supervision if it
1commences an investigation, issues a violation report or issues an apprehension
2request concerning an alleged violation prior to the expiration of the probationer's,
3parolee's or person's term of supervision.
AB296, s. 239
4Section
239. 304.072 (4) of the statutes is amended to read:
AB296,70,95
304.072
(4) The sentence of a revoked parolee
or person on extended
6supervision resumes running on the day he or she is received at a correctional
7institution subject to sentence credit for the period of custody in a jail, correctional
8institution or any other detention facility pending revocation according to the terms
9of s. 973.155.
AB296, s. 240
10Section
240. 304.073 (2) of the statutes is amended to read:
AB296,70,1711
304.073
(2) Beginning on January 1, 1996, the department shall charge a fee
12to any probationer
, or parolee
or person on extended supervision who is under
13minimum or administrative supervision and is supervised by the department. The
14fee does not apply if the person is supervised by a vendor under s. 301.08 (1) (c). The
15department shall set the fee sufficient to cover the cost of supervision. The
16department shall collect moneys for the fee charged under this subsection and credit
17those moneys to the appropriation account under s. 20.410 (1) (ge).
AB296, s. 241
18Section
241. 304.073 (2m) (a) of the statutes is amended to read:
AB296,71,219
304.073
(2m) (a) If a probationer
,
or parolee
or person on extended 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
, or 23parolee
or person on extended 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).
AB296, s. 242
3Section
242. 304.073 (4) of the statutes is amended to read:
AB296,71,74
304.073
(4) The department may decide not to charge a fee under sub. (2) to
5any probationer
, or parolee
or person on extended supervision if the probationer
,
or 6parolee
or person on extended supervision demonstrates that he or she is unable to
7pay the fee because of any of the following:
AB296,71,98
(a) The probationer
, or parolee
or person on extended supervision is undergoing
9treatment approved by the department and is unable to work.
AB296,71,1310
(b) The probationer
, or parolee
or person on extended supervision has a
11statement from a physician certifying to the department that the probationer
, or 12parolee
or person on extended supervision should be excused from working for
13medical reasons.
AB296, s. 243
14Section
243. 304.074 (title) of the statutes is amended to read:
AB296,71,16
15304.074 (title)
Reimbursement fee for persons on probation, and
16parole, and extended supervision.