SB357: Bill Text

SB357, s. 262 Section 262. 230.08 (2) (of) of the statutes is created to read:

SB357,122,18 230.08 (2) (of) The executive director of the sentencing commission.

SB357, s. 263 Section 263. 253.06 (4) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,122,25 253.06 (4) (b) A person who violates any provision of this subsection may be fined not more than $10,000 or imprisoned for not more than 3 years, or both, is guilty of a Class I felony for the first offense and may be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months, or both, is guilty of a Class H felony for the 2nd or subsequent offense.

SB357, s. 264 Section 264. 285.87 (2) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,123,7 285.87 (2) (b) If the conviction under par. (a) is for a violation committed after another conviction under par. (a), the person shall is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be fined not more than $50,000 per day of violation or imprisoned for not more than 3 years or both.

SB357, s. 265 Section 265. 291.97 (2) (b) (intro.) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,123,13 291.97 (2) (b) (intro.) Any person who wilfully does any of the following shall is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not less than $1,000 nor more than $100,000 or imprisoned for not more than 7 years and 6 months or both:

SB357, s. 266 Section 266. 291.97 (2) (c) 1. and 2. of the statutes, as affected by 1997 Wisconsin Act 283, are amended to read:

SB357,123,19 291.97 (2) (c) 1. For a 2nd or subsequent violation under par. (a), a person shall is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be fined not less than $1,000 nor more than $50,000 or imprisoned for not more than 2 years or both.

SB357,123,23 2. For a 2nd or subsequent violation under par. (b), a person shall is guilty of a Class F felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (f), the person may be fined not less than $5,000 nor more than $150,000 or imprisoned for not more than 15 years or both.

SB357, s. 267 Section 267. 299.53 (4) (c) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,124,6 299.53 (4) (c) 2. Any person who intentionally makes any false statement or representation in complying with sub. (2) (a) shall be fined not more than $25,000 or imprisoned for not more than one year in the county jail or both. For a 2nd or subsequent violation, the person shall is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be fined not more than $50,000 or imprisoned for not more than 3 years or both.

SB357, s. 268 Section 268. 301.03 (3) of the statutes is amended to read:

SB357,124,18 301.03 (3) Administer Subject to sub. (3a), administer parole, extended supervision and probation matters, except that the decision to grant or deny parole to inmates shall be made by the parole commission and the decision to revoke probation, extended supervision or parole in cases in which there is no waiver of the right to a hearing shall be made by the division of hearings and appeals in the department of administration. The secretary may grant special action parole releases under s. 304.02. The department shall promulgate rules establishing a drug testing program for probationers, parolees and persons placed on extended supervision. The rules shall provide for assessment of fees upon probationers, parolees and persons placed on extended supervision to partially offset the costs of the program.

SB357, s. 269 Section 269. 301.03 (3a) of the statutes is created to read:

SB357,125,3 301.03 (3a) The department shall take steps to promote the increased effectiveness of probation, extended supervision and parole in Brown, Dane, Kenosha, Milwaukee, Racine and Rock counties. In each of these counties, the department shall, beginning on January 1, 2001, develop a partnership with the community, have strategies for local crime prevention, supervise offenders actively, commit additional resources to enhance supervision and purchase services for offenders, establish day reporting centers and ensure that probation, extended supervision and parole agents, on average, supervise no more than 20 persons on probation, extended supervision or parole.

SB357, s. 270 Section 270. 301.035 (2) of the statutes is amended to read:

SB357,125,7 301.035 (2) Assign hearing examiners from the division to preside over hearings under ss. 302.11 (7), 302.113 (9), 302.114 (9), 938.357 (5), 973.10 and 975.10 (2) and ch. 304.

SB357, s. 271 Section 271. 301.035 (4) of the statutes is amended to read:

SB357,125,12 301.035 (4) Supervise employes in the conduct of the activities of the division and be the administrative reviewing authority for decisions of the division under ss. 302.11 (7), 302.113 (9), 302.114 (9), 938.357 (5), 973.10, 973.155 (2) and 975.10 (2) and ch. 304.

SB357, s. 272 Section 272. 301.26 (3) (c) of the statutes is amended to read:

SB357,125,16 301.26 (3) (c) Within the limits of the appropriations under s. 20.410 (3) (cd), (ce), (cf) and (ko), the department shall allocate funds to each county for services under this section.

SB357, s. 273 Section 273. 301.26 (4) (a) of the statutes is amended to read:

SB357,126,4 301.26 (4) (a) Except as provided in pars. (c) and (cm), the department of corrections shall bill counties or deduct from the allocations under s. 20.410 (3) (cd), (ce), (cf) and (ko) for the costs of care, services and supplies purchased or provided by the department of corrections for each person receiving services under s. 48.366, 938.183 or 938.34 or the department of health and family services for each person receiving services under s. 46.057 or 51.35 (3). The department of corrections may not bill a county for or deduct from a county's allocation the cost of care, services and supplies provided to a person subject to an order under s. 48.366 or 938.183 after the person reaches 18 years of age. Payment shall be due within 60 days after the billing date. If any payment has not been received within 60 days, the department of corrections may withhold aid payments in the amount due from the appropriation allocations under s. 20.410 (3) (cd), (ce), (cf) and (ko).

SB357, s. 274 Section 274. 301.26 (4) (cm) 1. of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB357,126,20 301.26 (4) (cm) 1. Notwithstanding pars. (a), (b) and (bm), the department shall transfer funds from the appropriation under s. 20.410 (3) (cg) to the appropriations under s. 20.410 (3) (hm), (ho) and (hr) for the purpose of reimbursing secured correctional facilities, secured child caring institutions, alternate care providers, aftercare supervision providers and corrective sanctions supervision providers for costs incurred beginning on July 1, 1996, for the care of any juvenile 14 years of age or over who has been placed in a secured correctional facility based on a delinquent act that is a violation of s. 943.23 (1m) or (1r), 1997 stats., s. 948.35, 1997 stats., or s. 948.36, 1997 stats., or s. 939.31, 939.32 (1) (a), 940.03, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1), 948.025, (1) or 948.30 (2), 948.35 (1) (b) or 948.36 and for the care of any juvenile 10 years of age or over who has been placed in a secured correctional facility or secured child caring institution for attempting or committing a violation of s. 940.01 or for committing a violation of s. 940.02 or 940.05.

SB357, s. 275 Section 275. 301.26 (6) (a) of the statutes is amended to read:

SB357,126,25 301.26 (6) (a) The intent of this subsection is to develop criteria to assist the legislature in allocating funding, excluding funding for base allocations, from the appropriations under s. 20.410 (3) (cd), (ce), (cf) and (ko) for purposes described in this section.

SB357, s. 276 Section 276. 301.26 (7) (a) (intro.) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB357,127,9 301.26 (7) (a) (intro.) For community youth and family aids under this section, amounts not to exceed $42,091,800 for the last 6 months of 1999, $85,183,700 for 2000 and $43,091,900 for the first 6 months of2001. Of those amounts, the department shall allocate $1,000,000 for the last 6 months of 1999, $3,000,000 for 2000 and $2,000,000, plus 50% of the amount allocated for 2001 under par. (k), for the first 6 months of 2001 to counties based on each of the following factors weighted equally:

SB357, s. 277 Section 277. 301.26 (7) (k) of the statutes is created to read:

SB357,127,20 301.26 (7) (k) In 2000, for community youth and family aids, the department shall allocate $0 from the appropriation under s. 20.410 (3) (ce). Beginning in 2001, for community youth and family aids, the department shall allocate from the appropriation under s. 20.410 (3) (ce) in each year an amount equal to $82,734,500 multiplied by a percentage that is equal to the percentage change between the U.S. consumer price index for all urban consumers, U.S. city average, for the 12-month period ending on June 30 of the previous year and the U.S. consumer price index for all urban consumers, U.S. city average, for the 12-month period ending on June 30, 1999, as determined by the federal department of labor, rounded to the nearest multiple of $100.

SB357, s. 278 Section 278. 301.26 (7m) of the statutes is created to read:

SB357,127,25 301.26 (7m) Allocation of federal funding loss funds. In addition to the amounts allocated under sub. (7) (a), the department shall allocate in each fiscal year the amount appropriated under s. 20.410 (3) (cf) for community youth and family aids under this section.

SB357, s. 279 Section 279. 301.26 (8) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB357,128,6 301.26 (8) Alcohol and other drug abuse treatment. From the amount of the allocations specified in sub. subs. (7) (a) and (k) and (7m), the department shall allocate $666,700 in the last 6 months of 1999, $1,333,400 in 2000 and $666,700 in the first 6 months of 2001 for alcohol and other drug abuse treatment programs.

SB357, s. 280 Section 280. 301.46 (2s) of the statutes is created to read:

SB357,128,10 301.46 (2s) Release of information to parents through school district administrators. (a) In this subsection, "school district administrator" has the meaning given in s. 115.001 (8).

SB357,128,14 (b) 1. A parent, guardian or legal custodian of a child enrolled in a school district may request the school district administrator to make a request for information under par. (c) concerning persons subject to bulletin notification under sub. (2m) (am).

SB357,128,19 2. A parent, guardian or legal custodian of a child enrolled in a private school may request the school district administrator of the school district in which the child resides or the school district administrator of the school district in which the private school is located to make a request for information under par. (c) concerning persons subject to bulletin notification under sub. (2m) (am).

SB357,129,2 3. If a parent, guardian or legal custodian of a child intends to move to a new residence that is located in a different school district or intends to enroll his or her child in a private school, the parent, guardian or legal custodian may request the school district administrator of the school district in which the new residence is located or the school district administrator of the school district in which the private school is located to make a request for information under par. (c) concerning persons subject to bulletin notification under sub. (2m) (am).

SB357,129,8 (c) When a school district administrator receives a request from a parent, guardian or legal custodian under par. (b) for information concerning persons required to register under s. 301.45, the school district administrator shall request information concerning the persons from the police chief of the community in which the school district is located or the sheriff of the county in which the school district is located.

SB357,129,13 (d) Upon receiving a request from a school district administrator under par. (c), the police chief or sheriff shall immediately provide in writing all of the following information concerning each person who is residing, employed or attending school in the community or county and about whom the police chief or sheriff has received notification under sub. (2m) (am):

SB357,129,14 1. The person's name, including any aliases used by the person.

SB357,129,16 2. Information sufficient to identify the person, including date of birth, gender, race, height, weight and hair and eye color.

SB357,129,19 3. The statute that the person violated, the date of conviction, adjudication or commitment, and the county or, if the state is not this state, the state in which the person was convicted, adjudicated or committed.

SB357,129,20 4. The address at which the person is residing.

SB357,129,21 5. The name and address of the place at which the person is employed.

SB357,129,22 6. The name and location of any school in which the person is enrolled.

SB357,129,25 7. A description of any motor vehicle that the person owns or that is registered in the person's name, including the information provided by the person under s. 301.45 (2) (a) 7.

SB357,130,1 8. The most recent date on which the information under s. 301.45 was updated.

SB357,130,4 (e) Upon receiving information from a police chief or sheriff under par. (d), a school district administrator shall in turn provide the information in writing to the parent, guardian or legal custodian who requested the information.

SB357,130,7 (f) 1. A parent, guardian or legal custodian of a child who makes a request for information under par. (b) may also make a request for information under sub. (5) concerning a person required to register under s. 301.45.

SB357,130,10 2. A public or private elementary or secondary school administrator who makes a request for information under par. (c) may also make a request for information under sub. (4) for information concerning persons registered under s. 301.45.

SB357, s. 281 Section 281. 301.46 (5) (a) (intro.) of the statutes is amended to read:

SB357,130,17 301.46 (5) (a) (intro.) The department or a police chief or sheriff may provide the information specified in par. (b) concerning a specific person required to register under s. 301.45 to a person who is not provided notice or access under subs. sub. (2) to, (2m), (3) or (4) if, in the opinion of the department or the police chief or sheriff, providing the information is necessary to protect the public and if the person requesting the information does all of the following:

SB357, s. 282 Section 282. 302.095 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,131,5 302.095 (2) Any officer or other person who delivers or procures to be delivered or has in his or her possession with intent to deliver to any inmate confined in a jail or state prison, or who deposits or conceals in or about a jail or prison, or the precincts of a jail or prison, or in any vehicle going into the premises belonging to a jail or prison, any article or thing whatever, with intent that any inmate confined in the jail or prison shall obtain or receive the same, or who receives from any inmate any article or thing whatever with intent to convey the same out of a jail or prison, contrary to the rules or regulations and without the knowledge or permission of the sheriff or other keeper of the jail, in the case of a jail, or of the warden or superintendent of the prison, in the case of a prison, shall be imprisoned for not more than 3 years or fined not more than $500 is guilty of a Class I felony.

SB357, s. 283 Section 283. 302.11 (1g) (a) 2. of the statutes is amended to read:

SB357,131,12 302.11 (1g) (a) 2. Any felony under s. 940.09 (1), 1997 stats., s. 943.23 (1m), 1997 stats., s. 948.35 (1) (b) or (c), 1997 stats., or s. 948.36, 1997 stats., or s. 940.02, 940.03, 940.05, 940.09 (1) (1c), 940.19 (5), 940.195 (5), 940.21, 940.225 (1) or (2), 940.305 (2), 940.31 (1) or (2) (b), 943.02, 943.10 (2), 943.23 (1g) or (1m), 943.32 (2), 946.43, 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.06, 948.07, 948.08, or 948.30 (2), 948.35 (1) (b) or (c) or 948.36.

SB357, s. 284 Section 284. 302.11 (1p) of the statutes is amended to read:

SB357,131,17 302.11 (1p) An inmate serving a term subject to s. 961.49 (2), 1997 stats., for a crime committed before December 31, 1999, is entitled to mandatory release, except the inmate may not be released before he or she has complied with s. 961.49 (2), 1997 stats.

SB357, s. 285 Section 285. 302.113 (2) of the statutes is amended to read:

SB357,131,23 302.113 (2) Except as provided in subs. (3) and (9), an inmate subject to this section is entitled to release to extended supervision after he or she has served the term of confinement in prison portion of the sentence imposed under s. 973.01, as modified by the sentencing court under sub. (9g) or s. 302.045 (3m) (b) 1., if applicable.

SB357, s. 286 Section 286. 302.113 (3) (a) (intro.) of the statutes is amended to read:

SB357,132,7 302.113 (3) (a) (intro.) The warden or superintendent shall keep a record of the conduct of each inmate subject to this section, specifying each infraction of the rules. If an inmate subject to this section violates an order under s. 973.031 requiring him or her to participate in a drug treatment program, violates any regulation of the prison or refuses or neglects to perform required or assigned duties, the department may extend the term of confinement in prison portion of the inmate's bifurcated sentence as follows:

SB357, s. 287 Section 287. 302.113 (7) of the statutes is amended to read:

SB357,132,14 302.113 (7) Any person released to extended supervision under this section is subject to all conditions and rules of extended supervision until the expiration of the term of extended supervision portion of the bifurcated sentence. The department may set conditions of extended supervision in addition to any conditions of extended supervision set by the court under sub. (7m) or s. 973.01 (5) if the conditions set by the department do not conflict with the court's conditions.

SB357, s. 288 Section 288. 302.113 (7m) of the statutes is created to read:

SB357,132,18 302.113 (7m) (a) Except as provided in par. (e), a person subject to this section or the department may petition the sentencing court to modify any conditions of extended supervision set by the court.

SB357,133,2 (b) If the department files a petition under this subsection, it shall serve a copy of the petition on the person who is the subject of the petition and, if the person is represented by an attorney, on the person's attorney. If a person who is subject to this section or his or her attorney files a petition under this subsection, the person or his or her attorney shall serve a copy of the petition on the department. The court shall serve a copy of a petition filed under this section on the district attorney. The court may direct the clerk of the court to provide notice of the petition to a victim of a crime committed by the person who is the subject of the petition.

SB357,133,6 (c) The court may conduct a hearing to consider the petition. The court may grant the petition in full or in part if it determines that the modification would meet the needs of the department and the public and would be consistent with the objectives of the person's sentence.

SB357,133,10 (d) A person subject to this section or the department may appeal an order entered by the court under this subsection. The appellate court may reverse the order only if it determines that the sentencing court erroneously exercised its discretion in granting or denying the petition.

SB357,133,14 (e) 1. An inmate may not petition the court to modify the conditions of extended supervision earlier than one year before the date of the inmate's scheduled date of release to extended supervision or more than once before the inmate's release to extended supervision.

SB357,133,19 2. A person subject to this section may not petition the court to modify the conditions of extended supervision within one year after the inmate's release to extended supervision. If a person subject to this section files a petition authorized by this subsection after his or her release from confinement, the person may not file another petition until one year after the date of filing the former petition.

SB357, s. 289 Section 289. 302.113 (8m) of the statutes is created to read:

SB357,133,25 302.113 (8m) (a) Every person released to extended supervision under this section remains in the legal custody of the department. If the department alleges that any condition or rule of extended supervision has been violated by the person, the department may take physical custody of the person for the investigation of the alleged violation.

SB357,134,9 (b) If a person released to extended supervision under this section signs a statement admitting a violation of a condition or rule of extended supervision, the department may, as a sanction for the violation, confine the person for up to 90 days in a regional detention facility or, with the approval of the sheriff, in a county jail. If the department confines the person in a county jail under this paragraph, the department shall reimburse the county for its actual costs in confining the person from the appropriations under s. 20.410 (1) (ab) and (b). Notwithstanding s. 302.43, the person is not eligible to earn good time credit on any period of confinement imposed under this subsection.

SB357, s. 290 Section 290. 302.113 (9) of the statutes is amended to read:

SB357,135,2 302.113 (9) (a) If a person released to extended supervision under this section violates a condition of extended supervision, the division of hearings and appeals in the department of administration, upon proper notice and hearing, or the department of corrections, if the person on extended supervision waives a hearing, may revoke the extended supervision of the person and return the person to prison. If the extended supervision of the person is revoked, the person shall be returned to the circuit court for the county in which the person was convicted of the offense for which he or she was on extended supervision, and the court shall order the person to be returned to prison, he or she shall be returned to prison for any specified period of time that does not exceed the time remaining on the bifurcated sentence. The time remaining on the bifurcated sentence is the total length of the bifurcated sentence, less time served by the person in custody under the sentence before release to extended supervision under sub. (2) and less all time served in custody for previous revocations of extended supervision under the sentence. The revocation court order returning a person to prison under this paragraph shall provide the person on whose extended supervision was revoked with credit in accordance with ss. 304.072 and 973.155.

SB357,135,11 (b) A person who is returned to prison after revocation of extended supervision shall be incarcerated for the entire period of time specified by the department of corrections in the case of a waiver or by the division of hearings and appeals in the department of administration in the case of a hearing court under par. (a). The period of time specified under par. (a) may be extended in accordance with sub. (3). If a person is returned to prison under par. (a) for a period of time that is less than the time remaining on the bifurcated sentence, the person shall be released to extended supervision after he or she has served the period of time specified by the court under par. (a) and any periods of extension imposed in accordance with sub. (3).

SB357,135,22 (c) A person who is subsequently released to extended supervision after service of the period of time specified by the department of corrections in the case of a waiver or by the division of hearings and appeals in the department of administration in the case of a hearing court under par. (a) is subject to all conditions and rules under sub. subs. (7) and, if applicable, (7m) until the expiration of the term of remaining extended supervision portion of the bifurcated sentence. The remaining extended supervision portion of the bifurcated sentence is the total length of the bifurcated sentence, less the time served by the person in confinement under the bifurcated sentence before release to extended supervision under sub. (2) and less all time served in confinement for previous revocations of extended supervision under the bifurcated sentence.

SB357, s. 291 Section 291. 302.113 (9) (am) of the statutes is created to read:

SB357,136,5 302.113 (9) (am) When a person is returned to court under par. (a) after revocation of extended supervision, the division of hearings and appeals in the department of administration, in the case of a hearing, or the department of corrections, in the case of a waiver, shall make a recommendation to the court concerning the period of time for which the person should be returned to prison. The recommended time period may not exceed the time remaining on the bifurcated sentence, as calculated under par. (a).

SB357, s. 292 Section 292. 302.113 (9) (d) of the statutes is created to read:

SB357,136,12 302.113 (9) (d) In any case in which there is a hearing before the division of hearings and appeals in the department of administration concerning whether to revoke of a person's extended supervision, the person on extended supervision may seek review of a decision to revoke extended supervision and the department of corrections may seek review of a decision to not revoke extended supervision. Review of a decision under this paragraph may be sought only by an action for certiorari.

SB357, s. 293 Section 293. 302.113 (9g) of the statutes is created to read:

SB357,136,17 302.113 (9g) (a) In this subsection, "program review committee" means the committee at a correctional institution that reviews the security classifications, institution assignments and correctional programming assignments of inmates confined in the institution.