SB137: Bill Text

SB137, s. 222 Section 222. 304.02 (3) (c) of the statutes is amended to read:

SB137,66,12 304.02 (3) (c) The institution social worker or the probation, extended supervision and parole agent of record has reason to believe the prisoner will be able to maintain himself or herself in society without engaging in assaultive activity.

SB137, s. 223 Section 223. 304.02 (4) of the statutes is amended to read:

SB137,66,16 304.02 (4) If a person is sentenced under s. 973.032, he or she is eligible for a release to parole supervision under this section and remains in the intensive sanctions program unless discharged by the department under s. 301.048 (6) (a).

SB137, s. 224 Section 224. 304.02 (5) of the statutes is amended to read:

SB137,66,20 304.02 (5) Notwithstanding subs. (1) to (3), a prisoner who is serving a life sentence under s. 939.62 (2m) (c) or 973.014 (1) (c) or (1g) is not eligible for release to parole supervision under this section.

SB137, s. 225 Section 225. 304.02 (6) of the statutes is repealed.

SB137, s. 226 Section 226. 304.06 (1) (b) of the statutes is amended to read:

SB137,67,12 304.06 (1) (b) Except as provided in sub. (1m) or s. 302.045 (3), 961.49 (2), 973.01 (6) or 973.0135, the parole commission may parole an inmate of the Wisconsin state prisons or any felon or any person serving at least one year or more in a county house of correction or a county reforestation camp organized under s. 303.07, when he or she has served 25% of the sentence imposed for the offense, or 6 months, whichever is greater. Except as provided in s. 939.62 (2m) (c) or 973.014 (1) (b) or (c), (1g) or (2), the parole commission may parole an inmate serving a life term when he or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject to extension under s. 302.11 (1q) and (2), if applicable. The person serving the life term shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary may grant special action parole releases under s. 304.02. The department or the parole commission shall not provide any convicted offender or other person sentenced to the department's custody any parole eligibility or evaluation until the person has been confined at least 60 days following sentencing.

SB137, s. 227 Section 227. 304.06 (1y) of the statutes is amended to read:

SB137,67,16 304.06 (1y) If a person is sentenced under s. 973.032, he or she is eligible for a release to parole supervision under this section and remains in the intensive sanctions program unless discharged by the department under s. 301.048 (6) (a).

SB137, s. 228 Section 228. 304.062 (title) of the statutes is amended to read:

SB137,67,19 304.062 (title) Ordering parolees and persons on extended supervision to perform community service work.

SB137, s. 229 Section 229. 304.062 (1) of the statutes is amended to read:

SB137,68,3 304.062 (1) The department may order that a parolee or a person on extended supervision perform community service work for a public agency or a nonprofit charitable organization. An order may apply only if agreed to by the parolee or the person on extended supervision and the organization or agency. The department shall ensure that the parolee or the person on extended supervision is provided a written statement of the terms of the community service order and shall monitor the compliance of the parolee or person on extended supervision with the community service order.

SB137, s. 230 Section 230. 304.062 (2) of the statutes is amended to read:

SB137,68,10 304.062 (2) Any organization or agency acting in good faith to which a parolee or person on extended supervision is assigned under an order under this section has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the parolee or person on extended supervision. The department has immunity from any civil liability for acts or omissions by or impacting on the parolee or person on extended supervision regarding the assignment under this section.

SB137, s. 231 Section 231. 304.063 (title) of the statutes is amended to read:

SB137,68,13 304.063 (title) Notification prior to release on extended supervision or parole.

SB137, s. 232 Section 232. 304.063 (2) (intro.) of the statutes is amended to read:

SB137,68,20 304.063 (2) (intro.) Before a prisoner is released on parole under s. 302.11, 304.02 or 304.06 or on extended supervision under s. 302.113 or 302.114, if applicable, for a violation of s. 940.01, 940.03, 940.05, 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06 or 948.07, the department shall make a reasonable attempt to notify all of the following persons, if they can be found, in accordance with sub. (3) and after receiving a completed card under sub. (4):

SB137, s. 233 Section 233. 304.063 (3) of the statutes is amended to read:

SB137,68,24 304.063 (3) The department shall make a reasonable attempt to send the notice, postmarked at least 7 days before a prisoner is released on parole or extended supervision, to the last-known address of the persons under sub. (2).

SB137, s. 234 Section 234. 304.071 (2) of the statutes is amended to read:

SB137,69,3 304.071 (2) If a prisoner is not eligible for parole under s. 939.62 (2m) (c), 961.49 (2), 973.01 (6), 973.014 (1) (c) or (1g) or 973.032 (5), he or she is not eligible for parole under this section.

SB137, s. 235 Section 235. 304.072 (title) of the statutes is amended to read:

SB137,69,6 304.072 (title) Period of probation, extended supervision or parole tolled.

SB137, s. 236 Section 236. 304.072 (1) of the statutes is amended to read:

SB137,69,16 304.072 (1) If the department of corrections in the case of a parolee, or probationer or person on extended supervision who is reinstated or waives a hearing or the division of hearings and appeals in the department of administration in the case of a hearing determines that a parolee, or probationer or person on extended supervision has violated the terms of his or her supervision, the department or division may toll all or any part of the period of time between the date of the violation and the date an order of revocation or reinstatement is entered, subject to credit according to the terms of s. 973.155 for any time the parolee, or probationer or person on extended supervision spent confined in connection with the violation.

SB137, s. 237 Section 237. 304.072 (2) of the statutes is amended to read:

SB137,69,22 304.072 (2) If a parolee, or probationer or person on extended supervision is alleged to have violated the terms of his or her supervision but the department or division determines that the alleged violation was not proven, the period between the alleged violation and the determination shall be treated as service of the probationary, extended supervision or parole period.

SB137, s. 238 Section 238. 304.072 (3) of the statutes is amended to read:

SB137,70,3 304.072 (3) Except as provided in s. 973.09 (3) (b), the department preserves jurisdiction over a probationer, or parolee or person on extended supervision if it commences an investigation, issues a violation report or issues an apprehension request concerning an alleged violation prior to the expiration of the probationer's, parolee's or person's term of supervision.

SB137, s. 239 Section 239. 304.072 (4) of the statutes is amended to read:

SB137,70,9 304.072 (4) The sentence of a revoked parolee or person on extended supervision resumes running on the day he or she is received at a correctional institution subject to sentence credit for the period of custody in a jail, correctional institution or any other detention facility pending revocation according to the terms of s. 973.155.

SB137, s. 240 Section 240. 304.073 (2) of the statutes is amended to read:

SB137,70,17 304.073 (2) Beginning on January 1, 1996, the department shall charge a fee to any probationer, or parolee or person on extended supervision who is under minimum or administrative supervision and is supervised by the department. The fee does not apply if the person is supervised by a vendor under s. 301.08 (1) (c). The department shall set the fee sufficient to cover the cost of supervision. The department shall collect moneys for the fee charged under this subsection and credit those moneys to the appropriation account under s. 20.410 (1) (ge).

SB137, s. 241 Section 241. 304.073 (2m) (a) of the statutes is amended to read:

SB137,71,2 304.073 (2m) (a) If a probationer, or parolee or person on extended supervision who owes unpaid fees to the department under sub. (2) is discharged from probation or from his or her sentence before the department collects the unpaid fees, the department shall, at the time of discharge, issue a notice to the probationer, or parolee or person on extended supervision that states that he or she owes unpaid fees under sub. (2) and that he or she is responsible for the payment of the unpaid fees. The notice under this paragraph shall be issued with the certificate of discharge required under s. 304.078 or 973.09 (5).

SB137, s. 242 Section 242. 304.073 (4) of the statutes is amended to read:

SB137,71,7 304.073 (4) The department may decide not to charge a fee under sub. (2) to any probationer, or parolee or person on extended supervision if the probationer, or parolee or person on extended supervision demonstrates that he or she is unable to pay the fee because of any of the following:

SB137,71,9 (a) The probationer, or parolee or person on extended supervision is undergoing treatment approved by the department and is unable to work.

SB137,71,13 (b) The probationer, or parolee or person on extended supervision has a statement from a physician certifying to the department that the probationer, or parolee or person on extended supervision should be excused from working for medical reasons.

SB137, s. 243 Section 243. 304.074 (title) of the statutes is amended to read:

SB137,71,16 304.074 (title) Reimbursement fee for persons on probation, and parole, and extended supervision.

SB137, s. 244 Section 244. 304.074 (2) of the statutes is amended to read:

SB137,72,2 304.074 (2) Beginning on January 1, 1996, the department shall charge a fee to probationers, and parolees and persons on extended supervision to partially reimburse the department for the costs of providing supervision and services. The department shall set varying rates for probationers, and parolees or persons on extended supervision based on ability to pay and with the goal of receiving at least $1 per day, if appropriate, from each probationer, and parolee and person on extended supervision. The department shall not charge a fee while the probationer, or parolee or person on extended supervision is exempt under sub. (3). The department shall collect moneys for the fees charged under this subsection and credit those moneys to the appropriation account under s. 20.410 (1) (gf).

SB137, s. 245 Section 245. 304.074 (3) (intro.) of the statutes is amended to read:

SB137,72,6 304.074 (3) (intro.) The department may decide not to charge a fee under sub. (2) to any probationer, or parolee or person on extended supervision while he or she meets any of the following conditions:

SB137, s. 246 Section 246. 304.074 (3) (d) of the statutes is amended to read:

SB137,72,10 304.074 (3) (d) Has a statement from a physician certifying to the department that the probationer, or parolee or person on extended supervision should be excused from working for medical reasons.

SB137, s. 247 Section 247. 304.074 (4) of the statutes is amended to read:

SB137,72,14 304.074 (4) The fee under sub. (2) does not apply to any probationer, or parolee or person on extended supervision who is under minimum or administrative supervision.

SB137, s. 248 Section 248. 304.074 (4m) (a) of the statutes is amended to read:

SB137,72,23 304.074 (4m) (a) If a probationer, or parolee or person on extended supervision who owes unpaid fees to the department under sub. (2) is discharged from probation or from his or her sentence before the department collects the unpaid fees, the department shall, at the time of discharge, issue a notice to the probationer, or parolee or person on extended supervision that states that he or she owes unpaid fees under sub. (2) and that he or she is responsible for the payment of the unpaid fees. The notice under this paragraph shall be issued with the certificate of discharge required under s. 304.078 or 973.09 (5).

SB137, s. 249 Section 249. 304.075 of the statutes is amended to read:

SB137,73,12 304.075 (title) Loan fund for probationers, and parolees and persons on extended supervision. The department shall create a revolving fund out of any moneys in its hands belonging to probationers, and parolees or persons on extended supervision who absconded, or whose whereabouts are unknown. The fund shall be used to defray the expenses of clothing, transportation, maintenance and other necessities for probationers, and parolees and persons on extended supervision who are without means to secure those necessities. All payments made from the fund shall be repaid by probationers, or parolees or persons on extended supervision for whose benefit they are made whenever possible; and any moneys belonging to them so paid into the revolving fund shall be repaid to them in accordance with law, in case a claim therefor is filed with the department upon showing the legal right of the claimant to such money.

SB137, s. 250 Section 250. 304.13 (1) (intro.) of the statutes is amended to read:

SB137,73,18 304.13 (1) (intro.) That it shall be competent for the duly constituted judicial and administrative authorities of a sending state to permit any person convicted of an offense within the sending state and placed on probation or released on extended supervision or parole to reside in any receiving state while on probation, extended supervision or parole, if:

SB137, s. 251 Section 251. 304.13 (2) of the statutes is amended to read:

SB137,73,24 304.13 (2) That each receiving state will assume the duties of visitation of and supervision over probationers, persons on extended supervision or parolees of any sending state and in the exercise of those duties will be governed by the same standards that prevail for its own probationers, persons on extended supervision and parolees.

SB137, s. 252 Section 252. 304.13 (3) of the statutes is amended to read:

SB137,74,14 304.13 (3) That the duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any person on probation, extended supervision or parole. For that purpose no formalities will be required other than establishing the authority of the officer and the identity of the person to be retaken. All legal requirements to obtain extradition of fugitives from justice are expressly waived on the part of states party hereto, as to such persons. The decision of the sending state to retake a person on probation, extended supervision or parole shall be conclusive upon and not reviewable within the receiving state; provided, however, that if at the time when a state seeks to retake a probationer , person on extended supervision or parolee there should be pending against that person within the receiving state any criminal charge, or that person should be suspected of having committed within such state a criminal offense, that person shall not be retaken without the consent of the receiving state until discharged from prosecution or from imprisonment for such offense.

SB137, s. 253 Section 253. 304.13 (7) of the statutes is amended to read:

SB137,74,22 304.13 (7) That this compact shall continue in force and remain binding upon such ratifying state until renounced by it. The duties and obligations hereunder of a renouncing state shall continue as to parolees, persons on extended supervision or probationers residing therein at the time of withdrawal or until finally discharged by the sending state. Renunciation of this compact shall be by the same authority which ratified it, by sending 6 months' notice in writing of its intention to withdraw the compact to the other states party thereto.

SB137, s. 254 Section 254. 304.13 (8) (b) of the statutes is amended to read:

SB137,75,3 304.13 (8) (b) "Sending state" means a party to this compact permitting its probationers, persons on extended supervision and parolees to reside in a receiving state.

SB137, s. 255 Section 255. 304.135 of the statutes is amended to read:

SB137,75,21 304.135 (title) Out-of-state supervision of parolees and persons on extended supervision without compact. The department may permit any person convicted of an offense within this state and placed on probation or released on extended supervision or parole to reside in any other state not a party to the compact authorized by s. 304.13 whenever the authorities of the receiving state agree to assume the duties of visitation of and supervision over the probationer, person on extended supervision or parolee, governed by the same standards that prevail for its own probationers, persons on extended supervision and parolees, on the same terms as are provided in s. 304.13 (1) and (2) in the case of states signatory to the compact. Before permitting any probationer, person on extended supervision or parolee to leave this state under this section, the department shall obtain from him or her a signed agreement to return to this state upon demand of the department and an irrevocable waiver of all procedure incidental to extradition. The department may, in like manner, receive for supervision probationers, persons on extended supervision and parolees convicted in states not signatory to the compact, and shall have the same custody and control of those persons as it has over probationers, persons on extended supervision and parolees of this state.

SB137, s. 256 Section 256. 304.137 of the statutes is amended to read:

SB137,76,7 304.137 Determination concerning submission of human biological specimen. If the department accepts supervision of a probationer , person on extended supervision or parolee from another state under s. 304.13 or 304.135, the department shall determine whether the violation of law for which the person is on probation, extended supervision or parole is comparable to a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025. If the department determines that a person on probation, extended supervision or parole from another state violated a law that is comparable to a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025, the department shall direct the probationer, person on extended supervision or parolee to provide a biological specimen under s. 165.76.

SB137, s. 257 Section 257. 304.14 of the statutes is amended to read:

SB137,76,17 304.14 (title) Cooperative return of parole , extended supervision and probation violators. The secretary may deputize any person regularly employed by another state to act as an officer and agent of this state in effecting the return of any person who has violated the terms and conditions of parole, extended supervision or probation as granted by this state. In any matter relating to the return of such person, any agent so deputized shall have all the powers of a police officer of this state. Any deputization pursuant to this section shall be in writing and any person authorized to act as an agent under this section shall carry formal evidence of the deputization and shall produce the same upon demand.

SB137, s. 258 Section 258. 341.605 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,76,21 341.605 (3) Whoever violates sub. (1) or (2) may be fined not more than $5,000 or imprisoned for not more than 5 years, or both, for each violation.

SB137, s. 259 Section 259. 342.06 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,77,3 342.06 (2) Any person who knowingly makes a false statement in an application for a certificate of title may be fined not more than $5,000 or imprisoned not more than 5 years or both.

SB137, s. 260 Section 260. 342.065 (4) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,77,7 342.065 (4) (b) Any person who violates sub. (1) with intent to defraud may be fined not more than $5,000 or imprisoned for not more than 5 years or both.

SB137, s. 261 Section 261. 342.155 (4) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,77,11 342.155 (4) (b) Any person who violates this section with intent to defraud may be fined not more than $5,000 or imprisoned for not more than 5 years or both.

SB137, s. 262 Section 262. 342.156 (6) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,77,15 342.156 (6) (b) Any person who violates this section with intent to defraud may be fined not more than $5,000 or imprisoned for not more than 5 years or both.

SB137, s. 263 Section 263. 342.30 (3) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,77,19 342.30 (3) (a) Any person who violates sub. (1g) may be fined not more than $5,000 or imprisoned for not more than 5 years or both.

SB137, s. 264 Section 264. 342.32 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,77,23 342.32 (3) Whoever violates sub. (1) or (2) may be fined not more than $5,000 or imprisoned for not more than 5 years, or both, for each violation.

SB137, s. 265 Section 265. 343.06 (1) (i) of the statutes is amended to read:

SB137,78,13 343.06 (1) (i) To any person who has been convicted of any offense specified under ss. 940.225, 948.02, 948.025 and 948.07 or adjudged delinquent under ch. 938 for a like or similar offense, when the sentencing court makes a finding that issuance of a license will be inimical to the public safety and welfare. The prohibition against issuance of a license to the offenders shall apply immediately upon receipt of a record of the conviction and the court finding by the secretary, for a period of one year or until discharge from any jail or prison sentence or any period of probation, extended supervision or parole with respect to the offenses specified, whichever date is the later. Receipt by the offender of a certificate of discharge from the department of corrections or other responsible supervising agency, after one year has elapsed since the prohibition began, entitles the holder to apply for an operator's license. The applicant may be required to present the certificate of discharge to the secretary if the latter deems it necessary.