AB3: Bill Text Engrossed

AB3-engrossed, s. 158 Section 158. 302.113 (9) (a) of the statutes is renumbered 302.113 (9) (am) and amended to read:

AB3-engrossed,65,21 302.113 (9) (am) 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, reviewing authority 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 confinement under the sentence before release to extended supervision under sub. (2) and less all time served in confinement 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court order returning a person to prison under this paragraph shall provide the person on whose extended supervision was revoked with credit in accordance with ss. 304.072 and 973.155.

AB3-engrossed, s. 159 Section 159. 302.113 (9) (ag) of the statutes is created to read:

AB3-engrossed,66,2 302.113 (9) (ag) In this subsection "reviewing authority" means 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.

AB3-engrossed, s. 160 Section 160. 302.113 (9) (at) of the statutes is created to read:

AB3-engrossed,66,8 302.113 (9) (at) When a person is returned to court under par. (am) after revocation of extended supervision, the reviewing authority 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. (am).

AB3-engrossed, s. 161 Section 161. 302.113 (9) (b) of the statutes is amended to read:

AB3-engrossed,66,19 302.113 (9) (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) (am). The period of time specified under par. (a) (am) may be extended in accordance with sub. (3). If a person is returned to prison under par. (am) 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. (am) and any periods of extension imposed in accordance with sub. (3).

AB3-engrossed, s. 162 Section 162. 302.113 (9) (c) of the statutes is amended to read:

AB3-engrossed,67,6 302.113 (9) (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) (am) 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.

AB3-engrossed, s. 163 Section 163. 302.113 (9) (d) of the statutes is created to read:

AB3-engrossed,67,11 302.113 (9) (d) For the purposes of pars. (am) and (c), the amount of time a person has served in confinement before release to extended supervision and the amount of time a person has served in confinement for a revocation of extended supervision includes any extensions imposed under sub. (3).

AB3-engrossed, s. 164 Section 164. 302.113 (9) (e) of the statutes is created to read:

AB3-engrossed,67,16 302.113 (9) (e) If a hearing is to be held under par. (am) before the division of hearings and appeals in the department of administration, the hearing examiner may order the taking and allow the use of a videotaped deposition under s. 967.04 (7) to (10).

AB3-engrossed, s. 165 Section 165. 302.113 (9) (f) of the statutes is created to read:

AB3-engrossed,67,21 302.113 (9) (f) A reviewing authority may consolidate proceedings before it under par. (am) with other proceedings before that reviewing authority under par. (am) or s. 302.11 (7) (am) or 302.114 (9) (am) if all of the proceedings relate to the parole or extended supervision of the same person.

AB3-engrossed, s. 166 Section 166. 302.113 (9) (g) of the statutes is created to read:

AB3-engrossed,68,3 302.113 (9) (g) 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.

AB3-engrossed, s. 167 Section 167. 302.113 (9g) of the statutes is created to read:

AB3-engrossed,68,5 302.113 (9g) (a) In this subsection:

AB3-engrossed,68,8 1. "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.

AB3-engrossed,68,13 2. "Terminal condition" means an incurable condition afflicting a person, caused by injury, disease, or illness, as a result of which the person has a medical prognosis that his or her life expectancy is 6 months or less, even with available life-sustaining treatment provided in accordance with the prevailing standard of medical care.

AB3-engrossed,68,16 (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:

AB3-engrossed,68,18 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.

AB3-engrossed,68,20 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.

AB3-engrossed,68,21 3. The inmate has a terminal condition.

AB3-engrossed,69,2 (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 inmate alleges in the petition that he or she has a terminal condition, the inmate shall attach to the petition affidavits from 2 physicians setting forth a diagnosis that the inmate has a terminal condition.

AB3-engrossed,69,11 (cm) If, after receiving a petition under par. (c), 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.

AB3-engrossed,69,22 (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).

AB3-engrossed,70,6 (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.

AB3-engrossed,70,8 (f) A court may modify an inmate's bifurcated sentence under this section only as follows:

AB3-engrossed,70,12 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.

AB3-engrossed,70,14 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.

AB3-engrossed,70,15 (g) 1. In this paragraph, "victim" has the meaning given in s. 950.02 (4).

AB3-engrossed,70,24 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.

AB3-engrossed,71,10 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).

AB3-engrossed,71,17 (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.

AB3-engrossed,71,23 (i) If the program review committee denies an inmate's petition under par. (cm), 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. (cm) 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.

AB3-engrossed,72,7 (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. (cm) 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).

AB3-engrossed, s. 167m Section 167m. 302.114 (3) (a) (intro.) of the statutes is amended to read:

AB3-engrossed,72,15 302.114 (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:

AB3-engrossed, s. 168 Section 168. 302.114 (4) of the statutes is amended to read:

AB3-engrossed,72,20 302.114 (4) All consecutive sentences imposed for crimes committed on or after December 31, 1999, shall be computed as one continuous sentence. An inmate subject to this section shall serve any term of extended supervision after serving all terms of confinement in prison.

AB3-engrossed, s. 169 Section 169. 302.114 (5) (f) of the statutes is amended to read:

AB3-engrossed,73,2 302.114 (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.

AB3-engrossed, s. 170 Section 170. 302.114 (6) (b) of the statutes is amended to read:

AB3-engrossed,73,8 302.114 (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.

AB3-engrossed, s. 171 Section 171. 302.114 (6) (c) of the statutes is amended to read:

AB3-engrossed,73,13 302.114 (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.

AB3-engrossed, s. 172 Section 172. 302.114 (8m) of the statutes is created to read:

AB3-engrossed,73,19 302.114 (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.

AB3-engrossed,74,3 (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.

AB3-engrossed, s. 173 Section 173. 302.114 (9) (a) of the statutes is renumbered 302.114 (9) (am) and amended to read:

AB3-engrossed,74,18 302.114 (9) (am) 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, reviewing authority 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 a specified period of time, as provided under par. (b) before he or she is eligible for being released again to extended supervision. The period of time specified under this paragraph may not be less than 5 years and may be extended in accordance with sub. (3).

AB3-engrossed, s. 174 Section 174. 302.114 (9) (ag) of the statutes is created to read:

AB3-engrossed,74,21 302.114 (9) (ag) In this subsection "reviewing authority" has the meaning given in s. 302.113 (9) (ag).

AB3-engrossed, s. 175 Section 175. 302.114 (9) (b) of the statutes is amended to read:

AB3-engrossed,75,6 302.114 (9) (b) If When a person is returned to prison court under par. (a) (am) after revocation of extended supervision, the department of corrections in the case of a waiver or the division of hearings and appeals in the department of administration in the case of a hearing under par. (a) reviewing authority shall specify a make a recommendation to the court concerning the period of time for which the person shall be incarcerated should be returned to prison before being eligible for release to extended supervision. The period of time specified recommended under this paragraph may not be less than 5 years and may be extended in accordance with sub. (3).

AB3-engrossed, s. 176 Section 176. 302.114 (9) (bm) of the statutes is amended to read:

AB3-engrossed,75,18 302.114 (9) (bm) A person who is returned to prison under par. (a) (am) after revocation of extended supervision may, upon petition to the sentencing court, be released to extended supervision after he or she has served the entire period of time specified in by the court under par. (b) (am), including any periods of extension imposed under sub. (3). A person may not file a petition under this paragraph earlier than 90 days before the date on which he or she is eligible to be released to extended supervision. If a person files a petition for release to extended supervision under this paragraph at any time earlier than 90 days before the date on which he or she is eligible to be released to extended supervision, the court shall deny the petition without a hearing. The procedures specified in sub. (5) (am) to (f) apply to a petition filed under this paragraph.

AB3-engrossed, s. 177 Section 177. 302.114 (9) (c) of the statutes is amended to read:

AB3-engrossed,75,22 302.114 (9) (c) A person who is subsequently released to extended supervision under par. (b) (bm) is subject to all conditions and rules under sub. (8) until the expiration of the sentence.

AB3-engrossed, s. 178 Section 178. 302.114 (9) (d) of the statutes is created to read:

AB3-engrossed,76,2 302.114 (9) (d) If a hearing is to be held under par. (am) before the division of hearings and appeals in the department of administration, the hearing examiner may order the taking and allow the use of a videotaped deposition under s. 967.04 (7) to (10).

AB3-engrossed, s. 179 Section 179. 302.114 (9) (e) of the statutes is created to read:

AB3-engrossed,76,7 302.114 (9) (e) A reviewing authority may consolidate proceedings before it under par. (am) with other proceedings before that reviewing authority under par. (am) or s. 302.11 (7) (am) or 302.113 (9) (am) if all of the proceedings relate to the parole or extended supervision of the same person.

AB3-engrossed, s. 180 Section 180. 302.114 (9) (f) of the statutes is created to read:

AB3-engrossed,76,14 302.114 (9) (f) 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 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.

AB3-engrossed, s. 181 Section 181. 302.33 (1) of the statutes is amended to read:

AB3-engrossed,76,23 302.33 (1) The maintenance of persons who have been sentenced to the state penal institutions; persons in the custody of the department, except as provided in sub. (2) and s. ss. 301.048 (7), 302.113 (8m), and 302.114 (8m); persons accused of crime and committed for trial; persons committed for the nonpayment of fines and expenses; and persons sentenced to imprisonment therein, while in the county jail, shall be paid out of the county treasury. No claim may be allowed to any sheriff for keeping or boarding any person in the county jail unless the person was lawfully detained therein.

AB3-engrossed, s. 181m Section 181m. 302.43 of the statutes is amended to read:

AB3-engrossed,77,13 302.43 Good time. Every inmate of a county jail is eligible to earn good time in the amount of one-fourth of his or her term for good behavior if sentenced to at least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). An inmate who violates an order under s. 973.031 requiring him or her to participate in a drug treatment program, violates any law or any regulation of the jail, or neglects or refuses to perform any duty lawfully required of him or her, may be deprived by the sheriff of good time under this section, except that the sheriff shall not deprive the inmate of more than 2 days good time for any one offense without the approval of the court. An inmate who files an action or special proceeding, including a petition for a common law writ of certiorari, to which s. 807.15 applies shall be deprived of the number of days of good time specified in the court order prepared under s. 807.15 (3).

AB3-engrossed, s. 182 Section 182. 303.065 (1) (b) 1. of the statutes is amended to read:

AB3-engrossed,77,19 303.065 (1) (b) 1. A person serving a life sentence, other than a life sentence specified in subd. 2., may be considered for work release only after he or she has reached parole eligibility under s. 304.06 (1) (b) or 973.014 (1) (a) or (b), whichever is applicable, or he or she has reached his or her extended supervision eligibility date under s. 302.114 (9) (b) (a) or 973.014 (1g) (a) 1. or 2., whichever is applicable.

AB3-engrossed, s. 183 Section 183. 303.08 (1) (intro.) of the statutes is amended to read:

AB3-engrossed,77,24 303.08 (1) (intro.) Any person sentenced to a county jail for crime, nonpayment of a fine or forfeiture, or contempt of court, or subject to a confinement sanction under s. 302.113 (8m) or 302.114 (8m) may be granted the privilege of leaving the jail during necessary and reasonable hours for any of the following purposes:

AB3-engrossed, s. 184 Section 184. 303.08 (2) of the statutes is amended to read:

AB3-engrossed,78,7 303.08 (2) Unless such privilege is expressly granted by the court or, in the case of a person subject to a confinement sanction under s. 302.113 (8m) or 302.114 (8m), the department, the prisoner person is sentenced to ordinary confinement. The A prisoner, other than a person subject to a confinement sanction under s. 302.113 (8m) or 302.114 (8m), may petition the court for such privilege at the time of sentence or thereafter, and in the discretion of the court may renew the prisoner's petition. The court may withdraw the privilege at any time by order entered with or without notice.

AB3-engrossed, s. 185 Section 185. 303.08 (5) (intro.) of the statutes is amended to read:

AB3-engrossed,78,13 303.08 (5) (intro.) By order of the court or, for a person subject to a confinement sanction under s. 302.113 (8m) or 302.114 (8m), by order of the department, the wages, salary and unemployment insurance and employment training benefits received by prisoners shall be disbursed by the sheriff for the following purposes, in the order stated:

AB3-engrossed, s. 186 Section 186. 303.08 (6) of the statutes is amended to read:

AB3-engrossed,78,20 303.08 (6) The department, for a person subject to a confinement sanction under s. 302.113 (8m) or 302.114 (8m), or the sentencing court may, by order, may authorize the sheriff to whom the prisoner is committed to arrange with another sheriff for the employment or employment training of the prisoner in the other's county, and while so employed or trained to be in the other's custody but in other respects to be and continue subject to the commitment.

AB3-engrossed, s. 187 Section 187. 303.08 (12) of the statutes is amended to read:

AB3-engrossed,79,2 303.08 (12) In counties having a house of correction, any person violating the privilege granted under sub. (1) may be transferred by the county jailer to the house of correction for the remainder of the term of the person's sentence or, if applicable, the remainder of the person's confinement sanction under s. 302.113 (8m) or 302.114 (8m).

AB3-engrossed, s. 188 Section 188. 304.06 (1) (b) of the statutes is amended to read:

AB3-engrossed,79,18 304.06 (1) (b) Except as provided in s. 961.49 (2), 1999 stats., 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.

AB3-engrossed, s. 189 Section 189. 304.071 (2) of the statutes is amended to read:

AB3-engrossed,79,22 304.071 (2) If a prisoner is not eligible for parole under s. 961.49 (2), 1999 stats., or 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.

AB3-engrossed, s. 190 Section 190. 304.11 (3) of the statutes is amended to read: