SB357: Bill Text

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.

SB357,136,20 (b) An inmate who is serving a bifurcated sentence for a crime other than a Class B felony may seek modification of the bifurcated sentence in the manner specified in par. (f) if he or she meets one of the following criteria:

SB357,136,22 1. The inmate is 65 years of age or older and has served at least 5 years of the term of confinement in prison portion of the bifurcated sentence.

SB357,136,24 2. The inmate is 60 years of age or older and has served at least 10 years of the term of confinement in prison portion of the bifurcated sentence.

SB357,137,12 (c) An inmate who meets the criteria under par. (b) may submit a petition to the program review committee at the correctional institution in which the inmate is confined requesting a modification of the inmate's bifurcated sentence in the manner specified in par. (f). If the program review committee determines that the public interest would be served by a modification of the inmate's bifurcated sentence in the manner provided under par. (f), the committee shall approve the petition for referral to the sentencing court and notify the department of its approval. The department shall then refer the inmate's petition to the sentencing court and request the court to conduct a hearing on the petition. If the program review committee determines that the public interest would not be served by a modification of the inmate's bifurcated sentence in the manner specified in par. (f), the committee shall deny the inmate's petition.

SB357,137,23 (d) When a court is notified by the department that it is referring to the court an inmate's petition for modification of the inmate's bifurcated sentence, the court shall set a hearing to determine whether the public interest would be served by a modification of the inmate's bifurcated sentence in the manner specified in par. (f). The inmate and the district attorney have the right to be present at the hearing, and any victim of the inmate's crime has the right to be present at the hearing and to provide a statement concerning the modification of the inmate's bifurcated sentence. The court shall order such notice of the hearing date as it considers adequate to be given to the department, the inmate, the attorney representing the inmate, if applicable, and the district attorney. Victim notification shall be provided as specified under par. (g).

SB357,138,7 (e) At a hearing scheduled under par. (d), the inmate has the burden of proving by the greater weight of the credible evidence that a modification of the bifurcated sentence in the manner specified in par. (f) would serve the public interest. If the inmate proves that a modification of the bifurcated sentence in the manner specified in par. (f) would serve the public interest, the court shall modify the inmate's bifurcated sentence in that manner. If the inmate does not prove that a modification of the bifurcated sentence in the manner specified in par. (f) would serve the public interest, the court shall deny the inmate's petition for modification of the bifurcated sentence.

SB357,138,9 (f) A court may modify an inmate's bifurcated sentence under this section only as follows:

SB357,138,13 1. The court shall reduce the term of confinement in prison portion of the inmate's bifurcated sentence in a manner that provides for the release of the inmate to extended supervision within 30 days after the date on which the court issues its order modifying the bifurcated sentence.

SB357,138,15 2. The court shall lengthen the term of extended supervision imposed so that the total length of the bifurcated sentence originally imposed does not change.

SB357,138,16 (g) 1. In this paragraph, "victim" has the meaning given in s. 950.02 (4).

SB357,138,25 2. When a court sets a hearing date under par. (d), the clerk of the circuit court shall send a notice of hearing to the victim of the crime committed by the inmate, if the victim has submitted a card under subd. 3. requesting notification. The notice shall inform the victim that he or she may appear at the hearing scheduled under par. (d) and shall inform the victim of the manner in which he or she may provide a statement concerning the modification of the inmate's bifurcated sentence in the manner provided in par. (f). The clerk of the circuit court shall make a reasonable attempt to send the notice of hearing to the last-known address of the inmate's victim, postmarked at least 10 days before the date of the hearing.

SB357,139,10 3. The director of state courts shall design and prepare cards for a victim to send to the clerk of the circuit court for the county in which the inmate was convicted and sentenced. The cards shall have space for a victim to provide his or her name and address, the name of the applicable inmate and any other information that the director of state courts determines is necessary. The director of state courts shall provide the cards, without charge, to clerks of circuit court. Clerks of circuit court shall provide the cards, without charge, to victims. Victims may send completed cards to the clerk of the circuit court for the county in which the inmate was convicted and sentenced. All court records or portions of records that relate to mailing addresses of victims are not subject to inspection or copying under s. 19.35 (1).

SB357,139,17 (h) An inmate may appeal a court's decision to deny the inmate's petition for modification of his or her bifurcated sentence. The state may appeal a court's decision to grant an inmate's petition for a modification of the inmate's bifurcated sentence. In an appeal under this paragraph, the appellate court may reverse a decision granting or denying a petition for modification of a bifurcated sentence only if it determines that the sentencing court erroneously exercised its discretion in granting or denying the petition.

SB357,139,23 (i) If the program review committee denies an inmate's petition under par. (c), the inmate may not file another petition within one year after the date of the program review committee's denial. If the program review committee approves an inmate's petition for referral to the sentencing court under par. (c) but the sentencing court denies the petition, the inmate may not file another petition under par. (c) within one year after the date of the court's decision.

SB357,140,7 (j) An inmate eligible to seek modification of his or her bifurcated sentence under this subsection has a right to be represented by counsel in proceedings under this subsection. An inmate, or the department on the inmate's behalf, may apply to the state public defender for determination of indigency and appointment of counsel under s. 977.05 (4) (jm) before or after the filing of a petition with the program review committee under par. (c). If an inmate whose petition has been referred to the court under par. (c) is without counsel, the court shall refer the matter to the state public defender for determination of indigency and appointment of counsel under s. 977.05 (4) (jm).

SB357, s. 294 Section 294. 302.114 (3) (a) (intro.) of the statutes is amended to read:

SB357,140,15 302.114 (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 any 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 extended supervision eligibility date set under s. 973.014 (1g) (a) 1. or 2., whichever is applicable, as follows:

SB357, s. 295 Section 295. 302.114 (5) (f) of the statutes is amended to read:

SB357,140,21 302.114 (5) (f) An inmate may appeal an order denying his or her petition for release to extended supervision. In an appeal under this paragraph, the appellate court may reverse an order denying a petition for release to extended supervision only if it determines that the sentencing court improperly erroneously exercised its discretion in denying the petition for release to extended supervision.

SB357, s. 296 Section 296. 302.114 (6) (b) of the statutes is amended to read:

SB357,141,2 302.114 (6) (b) If an inmate petitions a court under sub. (5) or (9) (b) (bm) for release to extended supervision under this section, the clerk of the circuit court in which the petition is filed shall send a copy of the petition and, if a hearing is scheduled, a notice of hearing to the victim of the crime committed by the inmate, if the victim has submitted a card under par. (e) requesting notification.

SB357, s. 297 Section 297. 302.114 (6) (c) of the statutes is amended to read:

SB357,141,7 302.114 (6) (c) The notice under par. (b) shall inform the victim that he or she may appear at the hearing under sub. (5) or (9) (b) (bm), if a hearing is scheduled, and shall inform the victim of the manner in which he or she may provide written statements concerning the inmate's petition for release to extended supervision.

SB357, s. 298 Section 298. 302.114 (8m) of the statutes is created to read: