SB137,69,3
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.
SB137, s. 235
4Section
235. 304.072 (title) of the statutes is amended to read:
SB137,69,6
5304.072 (title)
Period of probation, extended supervision or parole
6tolled.
SB137, s. 236
7Section
236. 304.072 (1) of the statutes is amended to read:
SB137,69,168
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.
SB137, s. 237
17Section
237. 304.072 (2) of the statutes is amended to read:
SB137,69,2218
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.
SB137, s. 238
23Section
238. 304.072 (3) of the statutes is amended to read:
SB137,70,324
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.
SB137, s. 239
4Section
239. 304.072 (4) of the statutes is amended to read:
SB137,70,95
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.
SB137, s. 240
10Section
240. 304.073 (2) of the statutes is amended to read:
SB137,70,1711
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).
SB137, s. 241
18Section
241. 304.073 (2m) (a) of the statutes is amended to read:
SB137,71,219
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).
SB137, s. 242
3Section
242. 304.073 (4) of the statutes is amended to read:
SB137,71,74
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:
SB137,71,98
(a) The probationer
, or parolee
or person on extended supervision is undergoing
9treatment approved by the department and is unable to work.
SB137,71,1310
(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.
SB137, s. 243
14Section
243. 304.074 (title) of the statutes is amended to read:
SB137,71,16
15304.074 (title)
Reimbursement fee for persons on probation, and
16parole, and extended supervision.
SB137, s. 244
17Section
244. 304.074 (2) of the statutes is amended to read:
SB137,72,218
304.074
(2) Beginning on January 1, 1996, the department shall charge a fee
19to probationers
, and parolees
and persons on extended supervision to partially
20reimburse the department for the costs of providing supervision and services. The
21department shall set varying rates for probationers
,
and parolees
or persons on
22extended supervision based on ability to pay and with the goal of receiving at least
23$1 per day, if appropriate, from each probationer
,
and parolee
and person on extended
24supervision. The department shall not charge a fee while the probationer
, or parolee
25or person on extended supervision is exempt under sub. (3). The department shall
1collect moneys for the fees charged under this subsection and credit those moneys to
2the appropriation account under s. 20.410 (1) (gf).
SB137, s. 245
3Section
245. 304.074 (3) (intro.) of the statutes is amended to read:
SB137,72,64
304.074
(3) (intro.) The department may decide not to charge a fee under sub.
5(2) to any probationer
, or parolee
or person on extended supervision while he or she
6meets any of the following conditions:
SB137, s. 246
7Section
246. 304.074 (3) (d) of the statutes is amended to read:
SB137,72,108
304.074
(3) (d) Has a statement from a physician certifying to the department
9that the probationer
, or parolee
or person on extended supervision should be excused
10from working for medical reasons.
SB137, s. 247
11Section
247. 304.074 (4) of the statutes is amended to read:
SB137,72,1412
304.074
(4) The fee under sub. (2) does not apply to any probationer
, or parolee
13or person on extended supervision who is under minimum or administrative
14supervision.
SB137, s. 248
15Section
248. 304.074 (4m) (a) of the statutes is amended to read:
SB137,72,2316
304.074
(4m) (a) If a probationer
,
or parolee
or person on extended supervision
17who owes unpaid fees to the department under sub. (2) is discharged from probation
18or from his or her sentence before the department collects the unpaid fees, the
19department shall, at the time of discharge, issue a notice to the probationer
, or 20parolee
or person on extended supervision that states that he or she owes unpaid fees
21under sub. (2) and that he or she is responsible for the payment of the unpaid fees.
22The notice under this paragraph shall be issued with the certificate of discharge
23required under s. 304.078 or 973.09 (5).
SB137, s. 249
24Section
249. 304.075 of the statutes is amended to read:
SB137,73,12
1304.075 (title)
Loan fund for probationers, and parolees and persons on
2extended supervision. The department shall create a revolving fund out of any
3moneys in its hands belonging to probationers
, and parolees
or persons on extended
4supervision who absconded, or whose whereabouts are unknown. The fund shall be
5used to defray the expenses of clothing, transportation, maintenance and other
6necessities for probationers
, and parolees
and persons on extended supervision who
7are without means to secure those necessities. All payments made from the fund
8shall be repaid by probationers
, or parolees
or persons on extended supervision for
9whose benefit they are made whenever possible; and any moneys belonging to them
10so paid into the revolving fund shall be repaid to them in accordance with law, in case
11a claim therefor is filed with the department upon showing the legal right of the
12claimant to such money.
SB137, s. 250
13Section
250. 304.13 (1) (intro.) of the statutes is amended to read:
SB137,73,1814
304.13
(1) (intro.) That it shall be competent for the duly constituted judicial
15and administrative authorities of a sending state to permit any person convicted of
16an offense within the sending state and placed on probation or released on
extended
17supervision or parole to reside in any receiving state while on probation
, extended
18supervision or parole, if:
SB137, s. 251
19Section
251. 304.13 (2) of the statutes is amended to read:
SB137,73,2420
304.13
(2) That each receiving state will assume the duties of visitation of and
21supervision over probationers
, persons on extended supervision or parolees of any
22sending state and in the exercise of those duties will be governed by the same
23standards that prevail for its own probationers
, persons on extended supervision and
24parolees.
SB137, s. 252
25Section
252. 304.13 (3) of the statutes is amended to read:
SB137,74,14
1304.13
(3) That the duly accredited officers of a sending state may at all times
2enter a receiving state and there apprehend and retake any person on probation
,
3extended supervision or parole. For that purpose no formalities will be required
4other than establishing the authority of the officer and the identity of the person to
5be retaken. All legal requirements to obtain extradition of fugitives from justice are
6expressly waived on the part of states party hereto, as to such persons. The decision
7of the sending state to retake a person on probation
, extended supervision or parole
8shall be conclusive upon and not reviewable within the receiving state; provided,
9however, that if at the time when a state seeks to retake a probationer
, person on
10extended supervision or parolee there should be pending against that person within
11the receiving state any criminal charge, or that person should be suspected of having
12committed within such state a criminal offense, that person shall not be retaken
13without the consent of the receiving state until discharged from prosecution or from
14imprisonment for such offense.
SB137, s. 253
15Section
253. 304.13 (7) of the statutes is amended to read:
SB137,74,2216
304.13
(7) That this compact shall continue in force and remain binding upon
17such ratifying state until renounced by it. The duties and obligations hereunder of
18a renouncing state shall continue as to parolees
, persons on extended supervision or
19probationers residing therein at the time of withdrawal or until finally discharged
20by the sending state. Renunciation of this compact shall be by the same authority
21which ratified it, by sending 6 months' notice in writing of its intention to withdraw
22the compact to the other states party thereto.
SB137, s. 254
23Section
254. 304.13 (8) (b) of the statutes is amended to read:
SB137,75,3
1304.13
(8) (b) "Sending state" means a party to this compact permitting its
2probationers
, persons on extended supervision and parolees to reside in a receiving
3state.
SB137, s. 255
4Section
255. 304.135 of the statutes is amended to read:
SB137,75,21
5304.135 (title)
Out-of-state supervision of parolees and persons on
6extended supervision without compact. The department may permit any
7person convicted of an offense within this state and placed on probation or released
8on
extended supervision or parole to reside in any other state not a party to the
9compact authorized by s. 304.13 whenever the authorities of the receiving state agree
10to assume the duties of visitation of and supervision over the probationer
, person on
11extended supervision or parolee, governed by the same standards that prevail for its
12own probationers
, persons on extended supervision and parolees, on the same terms
13as are provided in s. 304.13 (1) and (2) in the case of states signatory to the compact.
14Before permitting any probationer
, person on extended supervision or parolee to
15leave this state under this section, the department shall obtain from him or her a
16signed agreement to return to this state upon demand of the department and an
17irrevocable waiver of all procedure incidental to extradition. The department may,
18in like manner, receive for supervision probationers
, persons on extended
19supervision and parolees convicted in states not signatory to the compact, and shall
20have the same custody and control of those persons as it has over probationers
, 21persons on extended supervision and parolees of this state.
SB137, s. 256
22Section
256. 304.137 of the statutes is amended to read:
SB137,76,7
23304.137 Determination concerning submission of human biological
24specimen. If the department accepts supervision of a probationer
, person on
25extended supervision or parolee from another state under s. 304.13 or 304.135, the
1department shall determine whether the violation of law for which the person is on
2probation
, extended supervision or parole is comparable to a violation of s. 940.225
3(1) or (2), 948.02 (1) or (2) or 948.025. If the department determines that a person
4on probation
, extended supervision or parole from another state violated a law that
5is comparable to a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025, the
6department shall direct the probationer
, person on extended supervision or parolee
7to provide a biological specimen under s. 165.76.
SB137, s. 257
8Section
257. 304.14 of the statutes is amended to read:
SB137,76,17
9304.14 (title)
Cooperative return of parole
, extended supervision and
10probation violators. The secretary may deputize any person regularly employed
11by another state to act as an officer and agent of this state in effecting the return of
12any person who has violated the terms and conditions of parole
, extended
13supervision or probation as granted by this state. In any matter relating to the
14return of such person, any agent so deputized shall have all the powers of a police
15officer of this state. Any deputization pursuant to this section shall be in writing and
16any person authorized to act as an agent under this section shall carry formal
17evidence of the deputization and shall produce the same upon demand.
SB137,76,2120
341.605
(3) Whoever violates sub. (1) or (2) may be fined not more than $5,000
21or imprisoned for not more than 5 years, or both, for each violation.
SB137,77,3
1342.06
(2) Any person who knowingly makes a false statement in an
2application for a certificate of title may be fined not more than $5,000 or imprisoned
3not more than 5 years or both.
SB137,77,76
342.065
(4) (b) Any person who violates sub. (1) with intent to defraud may be
7fined not more than $5,000 or imprisoned for not more than 5 years or both.
SB137,77,1110
342.155
(4) (b) Any person who violates this section with intent to defraud may
11be fined not more than $5,000 or imprisoned for not more than 5 years or both.
SB137,77,1514
342.156
(6) (b) Any person who violates this section with intent to defraud may
15be fined not more than $5,000 or imprisoned for not more than 5 years or both.
SB137,77,1918
342.30
(3) (a) Any person who violates sub. (1g) may be fined not more than
19$5,000 or imprisoned for not more than 5 years or both.
SB137,77,2322
342.32
(3) Whoever violates sub. (1) or (2) may be fined not more than $5,000
23or imprisoned for not more than 5 years, or both, for each violation.
SB137, s. 265
24Section
265. 343.06 (1) (i) of the statutes is amended to read:
SB137,78,13
1343.06
(1) (i) To any person who has been convicted of any offense specified
2under ss. 940.225, 948.02, 948.025 and 948.07 or adjudged delinquent under ch. 938
3for a like or similar offense, when the sentencing court makes a finding that issuance
4of a license will be inimical to the public safety and welfare. The prohibition against
5issuance of a license to the offenders shall apply immediately upon receipt of a record
6of the conviction and the court finding by the secretary, for a period of one year or
7until discharge from any jail or prison sentence or any period of probation
, extended
8supervision or parole with respect to the offenses specified, whichever date is the
9later. Receipt by the offender of a certificate of discharge from the department of
10corrections or other responsible supervising agency, after one year has elapsed since
11the prohibition began, entitles the holder to apply for an operator's license. The
12applicant may be required to present the certificate of discharge to the secretary if
13the latter deems it necessary.
SB137, s. 266
14Section
266. 343.30 (2d) of the statutes is amended to read:
SB137,78,2415
343.30
(2d) A court may suspend or revoke a person's operating privilege upon
16conviction of any offense specified under ss. 940.225, 948.02, 948.025 and 948.07, if
17the court finds that it is inimical to the public safety and welfare for the offender to
18have operating privileges. The suspension or revocation shall be for one year or until
19discharge from prison or jail sentence or probation
, extended supervision or parole
20with respect to the offenses specified, whichever date is later. Receipt of a certificate
21of discharge from the department of corrections or other responsible supervising
22agency, after one year has elapsed since the suspension or revocation, entitles the
23holder to reinstatement of operating privileges. The holder may be required to
24present the certificate to the secretary if the secretary deems necessary.
SB137,79,43
344.48
(2) Any person violating this section may be fined not more than $1,000
4or imprisoned for not more than one year or both.
SB137,79,97
346.17
(3) (a) Except as provided in par. (b), (c) or (d), any person violating s.
8346.04 (3) shall be fined not less than $600 nor more than $10,000 and may be
9imprisoned for not more than 2 years.
SB137,79,1512
346.17
(3) (b) If the violation results in bodily harm, as defined in s. 939.22 (4),
13to another, or causes damage to the property of another, as defined in s. 939.22 (28),
14the person shall be fined not less than $1,000 nor more than $10,000 and may be
15imprisoned for not more than 2 years.
SB137,79,2018
346.17
(3) (c) If the violation results in great bodily harm, as defined in s. 939.22
19(14), to another, the person shall be fined not less than $1,100 nor more than $10,000
20and may be imprisoned for not more than 2 years.
SB137,79,2523
346.17
(3) (d) If the violation results in the death of another, the person shall
24be fined not less than $1,100 nor more than $10,000 and may be imprisoned for not
25more than 5 years.
SB137,80,53
346.65
(5) Except as provided in sub. (5m), any person violating s. 346.62 (4)
4shall be fined not less than $600 nor more than $2,000 and may be imprisoned for
5not less than 90 days nor more than 18 months.
SB137,80,108
346.74
(5) (b) Shall be fined not less than $300 nor more than $5,000 or
9imprisoned not less than 10 days nor more than one year or both if the accident
10involved injury to a person but the person did not suffer great bodily harm.
SB137,80,1513
346.74
(5) (c) May be fined not more than $10,000 or imprisoned not more than
142 years or both if the accident involved injury to a person and the person suffered
15great bodily harm.
SB137,80,1918
346.74
(5) (d) May be fined not more than $10,000 or imprisoned not more than
195 years or both if the accident involved death to a person.
SB137,80,2422
350.11
(2m) Any person who violates s. 350.135 (1) shall be fined not more than
23$10,000 or imprisoned for not more than 2 years or both if the violation causes the
24death or injury, as defined in s. 30.67 (3) (b), of another person.
SB137,81,4
3446.07 Penalty. Anyone violating this chapter may be fined not less than $100
4nor more than $500 or imprisoned for not more than one year or both.