AB3, s. 127
10Section
127. 221.0637 (2) of the statutes is amended to read:
AB3,54,1311
221.0637
(2) Penalties. Any person who violates sub. (1)
may be fined not more
12than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class I
13felony.
AB3, s. 128
14Section
128. 221.1004 (2) of the statutes is amended to read:
AB3,54,1715
221.1004
(2) Penalties. Any person who violates sub. (1)
may be fined not less
16than $1,000 nor more than $5,000 or imprisoned for not less than one year nor more
17than 15 years or both is guilty of a Class F felony.
AB3, s. 129
18Section
129. 227.01 (13) (sm) of the statutes is created to read:
AB3,54,1919
227.01
(13) (sm) Establishes sentencing guidelines under s. 973.30 (1) (c).
AB3, s. 130
20Section
130. 230.08 (2) (L) 6. of the statutes is created to read:
AB3,54,2121
230.08
(2) (L) 6. Sentencing commission.
AB3, s. 131
22Section
131. 230.08 (2) (of) of the statutes is created to read:
AB3,54,2323
230.08
(2) (of) The executive director of the sentencing commission.
AB3, s. 132
24Section
132. 253.06 (4) (b) of the statutes is amended to read:
AB3,55,5
1253.06
(4) (b) A person who violates any provision of this subsection
may be
2fined not more than $10,000 or imprisoned for not more than 3 years, or both, is guilty
3of a Class I felony for the first offense and
may be fined not more than $10,000 or
4imprisoned for not more than 7 years and 6 months, or both, is guilty of a Class H
5felony for the 2nd or subsequent offense.
AB3, s. 133
6Section
133. 285.87 (2) (b) of the statutes is amended to read:
AB3,55,117
285.87
(2) (b) If the conviction under par. (a) is for a violation committed after
8another conviction under par. (a), the person
shall
is guilty of a Class I felony, except
9that, notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may 10be fined not more than $50,000 per day of violation
or imprisoned for not more than
113 years or both.
AB3, s. 134
12Section
134. 291.97 (2) (b) (intro.) of the statutes is amended to read:
AB3,55,1613
291.97
(2) (b) (intro.) Any person who wilfully does any of the following
shall 14is guilty of a Class H felony, except that, notwithstanding the maximum fine specified
15in s. 939.50 (3) (h), the person may be fined not
less than $1,000 nor more than
16$100,000
or imprisoned for not more than 7 years and 6 months or both:
AB3, s. 135
17Section
135. 291.97 (2) (c) 1. and 2. of the statutes are amended to read:
AB3,55,2118
291.97
(2) (c) 1. For a 2nd or subsequent violation under par. (a), a person
shall 19is guilty of a Class I felony, except that, notwithstanding the maximum fine specified
20in s. 939.50 (3) (i), the person may be fined not
less than $1,000 nor more than $50,000
21or imprisoned for not more than 2 years or both.
AB3,55,2522
2. For a 2nd or subsequent violation under par. (b), a person
shall is guilty of
23a Class F felony, except that, notwithstanding the maximum fine specified in s.
24939.50 (3) (f), the person may be fined not
less than $5,000 nor more than $150,000
25or imprisoned for not more than 15 years or both.
AB3, s. 136
1Section
136. 299.53 (4) (c) 2. of the statutes is amended to read:
AB3,56,72
299.53
(4) (c) 2. Any person who intentionally makes any false statement or
3representation in complying with sub. (2) (a) shall be fined not more than $25,000
4or imprisoned for not more than one year in the county jail or both. For a 2nd or
5subsequent violation, the person
shall is guilty of a Class I felony, except that,
6notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be
7fined not more than $50,000
or imprisoned for not more than 3 years or both.
AB3, s. 137
8Section
137. 301.035 (2) of the statutes is amended to read:
AB3,56,119
301.035
(2) Assign hearing examiners from the division to preside over
10hearings under ss. 302.11 (7),
302.113 (9), 302.114 (9), 938.357 (5), 973.10 and 975.10
11(2) and ch. 304.
AB3, s. 138
12Section
138. 301.035 (4) of the statutes is amended to read:
AB3,56,1613
301.035
(4) Supervise employees in the conduct of the activities of the division
14and be the administrative reviewing authority for decisions of the division under ss.
15302.11 (7),
302.113 (9), 302.114 (9), 938.357 (5), 973.10, 973.155 (2) and 975.10 (2) and
16ch. 304.
AB3, s. 139
17Section
139. 301.048 (2) (bm) 1. a. of the statutes is amended to read:
AB3,57,218
301.048
(2) (bm) 1. a. A crime specified in
s. 940.19 (3), 1999 stats., s. 940.195
19(3), 1999 stats., s. 943.23 (1m), 1999 stats., or s. 943.23 (1r), 1999 stats., or s. 940.01,
20940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19
(3), (4) or (5), 940.195
21(3), (4) or (5), 940.20, 940.201, 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.285 (2)
22(a) 1. or 2., 940.29, 940.295 (3) (b) 1g., 1m., 1r., 2.
, or 3., 940.31, 940.43 (1) to (3), 940.45
23(1) to (3), 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013,
24943.02, 943.04, 943.06, 943.10 (2), 943.23 (1g),
(1m) or (1r), 943.30, 943.32, 946.43,
1947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07, 948.08
, or
2948.30.
AB3, s. 140
3Section
140. 301.26 (4) (cm) 1. of the statutes is amended to read:
AB3,57,174
301.26
(4) (cm) 1. Notwithstanding pars. (a), (b) and (bm), the department shall
5transfer funds from the appropriation under s. 20.410 (3) (cg) to the appropriations
6under s. 20.410 (3) (hm), (ho) and (hr) for the purpose of reimbursing secured
7correctional facilities, secured child caring institutions, alternate care providers,
8aftercare supervision providers and corrective sanctions supervision providers for
9costs incurred beginning on July 1, 1996, for the care of any juvenile 14 years of age
10or over who has been placed in a secured correctional facility based on a delinquent
11act that is a violation of
s. 943.23 (1m) or (1r), 1999 stats., s. 948.35, 1999 stats., or
12s. 948.36, 1999 stats., or s. 939.31, 939.32 (1) (a), 940.03, 940.21, 940.225 (1), 940.305,
13940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g),
(1m) or (1r), 943.32 (2),
14948.02 (1), 948.025
, (1), or 948.30 (2)
, 948.35 (1) (b) or 948.36 and for the care of any
15juvenile 10 years of age or over who has been placed in a secured correctional facility
16or secured child caring institution for attempting or committing a violation of s.
17940.01 or for committing a violation of s. 940.02 or 940.05.
AB3, s. 141
18Section
141. 301.45 (6) (a) 2. of the statutes is amended to read:
AB3,57,2419
301.45
(6) (a) 2. For a 2nd or subsequent offense, the person
may be fined not
20more than $10,000 or imprisoned for not more than 5 years or both
is guilty of a Class
21H felony. For purposes of this subdivision, an offense is a 2nd or subsequent offense
22if, prior to committing the offense, the person has at any time been convicted of
23knowingly failing to comply with any requirement to provide information under
24subs. (2) to (4).
AB3, s. 142
25Section
142. 302.045 (3) of the statutes is amended to read:
AB3,58,8
1302.045
(3) Parole eligibility. Except as provided in sub. (4), if the department
2determines that an inmate
serving a sentence other than one imposed under s.
3973.01 has successfully completed the challenge incarceration program, the parole
4commission shall parole the inmate
for that sentence under s. 304.06, regardless of
5the time the inmate has served
, unless the person is serving a sentence imposed
6under s. 973.01. When the parole commission grants parole under this subsection,
7it must require the parolee to participate in an intensive supervision program for
8drug abusers as a condition of parole.
AB3, s. 143
9Section
143. 302.095 (2) of the statutes is amended to read:
AB3,58,2010
302.095
(2) Any officer or other person who delivers or procures to be delivered
11or has in his or her possession with intent to deliver to any inmate confined in a jail
12or state prison, or who deposits or conceals in or about a jail or prison, or the precincts
13of a jail or prison, or in any vehicle going into the premises belonging to a jail or
14prison, any article or thing whatever, with intent that any inmate confined in the jail
15or prison shall obtain or receive the same, or who receives from any inmate any
16article or thing whatever with intent to convey the same out of a jail or prison,
17contrary to the rules or regulations and without the knowledge or permission of the
18sheriff or other keeper of the jail, in the case of a jail, or of the warden or
19superintendent of the prison, in the case of a prison,
shall be imprisoned for not more
20than 3 years or fined not more than $500 is guilty of a Class I felony.
AB3, s. 144
21Section
144. 302.11 (1g) (a) 2. of the statutes is amended to read:
AB3,59,222
302.11
(1g) (a) 2. Any felony under
s. 940.09 (1), 1999 stats., s. 943.23 (1m),
231999 stats., s. 948.35 (1) (b) or (c), 1999 stats., or s. 948.36, 1999 stats., or s. 940.02,
24940.03, 940.05, 940.09
(1) (1c), 940.19 (5), 940.195 (5), 940.21, 940.225 (1) or (2),
25940.305 (2), 940.31 (1) or (2) (b), 943.02, 943.10 (2), 943.23 (1g)
or (1m), 943.32 (2),
1946.43 (1m), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.06, 948.07,
2948.08,
or 948.30 (2)
, 948.35 (1) (b) or (c) or 948.36.
AB3, s. 145
3Section
145. 302.11 (1p) of the statutes is amended to read:
AB3,59,74
302.11
(1p) An inmate serving a term subject to s. 961.49 (2)
, 1999 stats., for
5a crime committed before December 31, 1999, is entitled to mandatory release,
6except the inmate may not be released before he or she has complied with s. 961.49
7(2)
, 1999 stats.
AB3, s. 146
8Section
146. 302.11 (1z) of the statutes is amended to read:
AB3,59,129
302.11
(1z) An inmate who is sentenced to a term of confinement in prison
10under s. 973.01 for a felony that is committed on or after December 31, 1999, is not
11entitled
under this section to mandatory release on parole under
this section that
12sentence.
AB3, s. 147
13Section
147. 302.11 (3) of the statutes is amended to read:
AB3,59,1514
302.11
(3) All consecutive sentences
imposed for crimes committed before
15December 31, 1999, shall be computed as one continuous sentence.
AB3, s. 148
16Section
148. 302.11 (7) (a) of the statutes is renumbered 302.11 (7) (am) and
17amended to read:
AB3,59,2518
302.11
(7) (am) The
division of hearings and appeals in the department of
19administration, upon proper notice and hearing, or the department of corrections, if
20the parolee waives a hearing, reviewing authority may return a parolee released
21under sub. (1) or (1g) (b) or s. 304.02 or 304.06 (1) to prison for a period up to the
22remainder of the sentence for a violation of the conditions of parole. The remainder
23of the sentence is the entire sentence, less time served in custody prior to parole. The
24revocation order shall provide the parolee with credit in accordance with ss. 304.072
25and 973.155.
AB3, s. 149
1Section
149. 302.11 (7) (ag) of the statutes is created to read:
AB3,60,42
302.11
(7) (ag) In this subsection "reviewing authority" means the division of
3hearings and appeals in the department of administration, upon proper notice and
4hearing, or the department of corrections, if the parolee waives a hearing.
AB3, s. 150
5Section
150. 302.11 (7) (b) of the statutes is amended to read:
AB3,60,136
302.11
(7) (b) A parolee returned to prison for violation of the conditions of
7parole shall be incarcerated for the entire period of time determined by the
8department of corrections in the case of a waiver or the division of hearings and
9appeals in the department of administration in the case of a hearing under par. (a), 10reviewing authority unless paroled earlier under par. (c). The parolee is not subject
11to mandatory release under sub. (1) or presumptive mandatory release under sub.
12(1g). The period of time determined under par.
(a)
(am) may be extended in
13accordance with subs. (1q) and (2).
AB3, s. 151
14Section
151. 302.11 (7) (d) of the statutes is amended to read:
AB3,60,2015
302.11
(7) (d) A parolee who is subsequently released either after service of the
16period of time determined by the
department of corrections in the case of a waiver
17or the division of hearings and appeals in the department of administration in the
18case of a hearing under par. (a) reviewing authority or by a grant of parole under par.
19(c) is subject to all conditions and rules of parole until expiration of sentence or
20discharge by the department.
AB3, s. 152
21Section
152. 302.11 (7) (e) of the statutes is created to read:
AB3,60,2522
302.11
(7) (e) A reviewing authority may consolidate proceedings before it
23under par. (am) with other proceedings before that reviewing authority under par.
24(am) or s. 302.113 (9) (am) or 302.114 (9) (am) if all of the proceedings relate to the
25parole or extended supervision of the same person.
AB3, s. 153
1Section
153. 302.113 (2) of the statutes is amended to read:
AB3,61,62
302.113
(2) Except as provided in subs. (3) and (9), an inmate subject to this
3section is entitled to release to extended supervision after he or she has served the
4term of confinement in prison portion of the sentence imposed under s. 973.01, as
5modified by the sentencing court under
sub. (9g) or s. 302.045 (3m) (b) 1., if
6applicable.
AB3, s. 154
7Section
154. 302.113 (4) of the statutes is amended to read:
AB3,61,118
302.113
(4) All consecutive sentences
imposed for crimes committed on or after
9December 31, 1999, shall be computed as one continuous sentence. The person shall
10serve any term of extended supervision after serving all terms of confinement in
11prison.
AB3, s. 155
12Section
155. 302.113 (7) of the statutes is amended to read:
AB3,61,1813
302.113
(7) Any person released to extended supervision under this section is
14subject to all conditions and rules of extended supervision until the expiration of the
15term of extended supervision portion of the bifurcated sentence. The department
16may set conditions of extended supervision in addition to any conditions of extended
17supervision set by the court under
sub. (7m) or s. 973.01 (5) if the conditions set by
18the department do not conflict with the court's conditions.
AB3, s. 156
19Section
156. 302.113 (7m) of the statutes is created to read:
AB3,61,2220
302.113
(7m) (a) Except as provided in par. (e), a person subject to this section
21or the department may petition the sentencing court to modify any conditions of
22extended supervision set by the court.
AB3,62,523
(b) If the department files a petition under this subsection, it shall serve a copy
24of the petition on the person who is the subject of the petition and, if the person is
25represented by an attorney, on the person's attorney. If a person who is subject to this
1section or his or her attorney files a petition under this subsection, the person or his
2or her attorney shall serve a copy of the petition on the department. The court shall
3serve a copy of a petition filed under this section on the district attorney. The court
4may direct the clerk of the court to provide notice of the petition to a victim of a crime
5committed by the person who is the subject of the petition.
AB3,62,96
(c) The court may conduct a hearing to consider the petition. The court may
7grant the petition in full or in part if it determines that the modification would meet
8the needs of the department and the public and would be consistent with the
9objectives of the person's sentence.
AB3,62,1310
(d) A person subject to this section or the department may appeal an order
11entered by the court under this subsection. The appellate court may reverse the
12order only if it determines that the sentencing court erroneously exercised its
13discretion in granting or denying the petition.
AB3,62,1714
(e) 1. An inmate may not petition the court to modify the conditions of extended
15supervision earlier than one year before the date of the inmate's scheduled date of
16release to extended supervision or more than once before the inmate's release to
17extended supervision.
AB3,62,2218
2. A person subject to this section may not petition the court to modify the
19conditions of extended supervision within one year after the inmate's release to
20extended supervision. If a person subject to this section files a petition authorized
21by this subsection after his or her release from confinement, the person may not file
22another petition until one year after the date of filing the former petition.
AB3, s. 157
23Section
157. 302.113 (8m) of the statutes is created to read:
AB3,63,324
302.113
(8m) (a) Every person released to extended supervision under this
25section remains in the legal custody of the department. If the department alleges
1that any condition or rule of extended supervision has been violated by the person,
2the department may take physical custody of the person for the investigation of the
3alleged violation.
AB3,63,124
(b) If a person released to extended supervision under this section signs a
5statement admitting a violation of a condition or rule of extended supervision, the
6department may, as a sanction for the violation, confine the person for up to 90 days
7in a regional detention facility or, with the approval of the sheriff, in a county jail.
8If the department confines the person in a county jail under this paragraph, the
9department shall reimburse the county for its actual costs in confining the person
10from the appropriations under s. 20.410 (1) (ab) and (b). Notwithstanding s. 302.43,
11the person is not eligible to earn good time credit on any period of confinement
12imposed under this subsection.
AB3, s. 158
13Section
158. 302.113 (9) (a) of the statutes is renumbered 302.113 (9) (am) and
14amended to read:
AB3,64,615
302.113
(9) (am) If a person released to extended supervision under this section
16violates a condition of extended supervision, the
division of hearings and appeals in
17the department of administration, upon proper notice and hearing, or the
18department of corrections, if the person on extended supervision waives a hearing, 19reviewing authority may revoke the extended supervision of the person
and return
20the person to prison. If
the extended supervision of the person is
revoked, the person
21shall be returned to the circuit court for the county in which the person was convicted
22of the offense for which he or she was on extended supervision, and the court shall
23order the person to be returned to prison
, he or she shall be returned to prison for any
24specified period of time that does not exceed the time remaining on the bifurcated
25sentence. The time remaining on the bifurcated sentence is the total length of the
1bifurcated sentence, less time served by the person in
custody confinement under the
2sentence before release to extended supervision
under sub. (2) and less all time
3served in confinement for previous revocations of extended supervision under the
4sentence. The
revocation court order
returning a person to prison under this
5paragraph shall provide the person
on whose extended supervision
was revoked with
6credit in accordance with ss. 304.072 and 973.155.
AB3, s. 159
7Section
159. 302.113 (9) (ag) of the statutes is created to read:
AB3,64,118
302.113
(9) (ag) In this subsection "reviewing authority" means the division of
9hearings and appeals in the department of administration, upon proper notice and
10hearing, or the department of corrections, if the person on extended supervision
11waives a hearing.
AB3, s. 160
12Section
160. 302.113 (9) (at) of the statutes is created to read:
AB3,64,1713
302.113
(9) (at) When a person is returned to court under par. (am) after
14revocation of extended supervision, the reviewing authority shall make a
15recommendation to the court concerning the period of time for which the person
16should be returned to prison. The recommended time period may not exceed the time
17remaining on the bifurcated sentence, as calculated under par. (am).
AB3, s. 161
18Section
161. 302.113 (9) (b) of the statutes is amended to read:
AB3,65,319
302.113
(9) (b) A person who is returned to prison after revocation of extended
20supervision shall be incarcerated for the entire period of time specified by the
21department of corrections in the case of a waiver or by the division of hearings and
22appeals in the department of administration in the case of a hearing court under par.
23(a) (am). The period of time specified under par.
(a) (am) may be extended in
24accordance with sub. (3).
If a person is returned to prison under par. (am) for a period
25of time that is less than the time remaining on the bifurcated sentence, the person
1shall be released to extended supervision after he or she has served the period of time
2specified by the court under par. (am) and any periods of extension imposed in
3accordance with sub. (3).
AB3, s. 162
4Section
162. 302.113 (9) (c) of the statutes is amended to read:
AB3,65,155
302.113
(9) (c) A person who is subsequently released to extended supervision
6after service of the period of time specified by the
department of corrections in the
7case of a waiver or by the division of hearings and appeals in the department of
8administration in the case of a hearing court under par.
(a) (am) is subject to all
9conditions and rules under
sub. subs. (7)
and, if applicable, (7m) until the expiration
10of the
term of remaining extended supervision portion of the bifurcated sentence.
11The remaining extended supervision portion of the bifurcated sentence is the total
12length of the bifurcated sentence, less the time served by the person in confinement
13under the bifurcated sentence before release to extended supervision under sub. (2)
14and less all time served in confinement for previous revocations of extended
15supervision under the bifurcated sentence.
AB3, s. 163
16Section
163. 302.113 (9) (d) of the statutes is created to read:
AB3,65,2017
302.113
(9) (d) For the purposes of pars. (am) and (c), the amount of time a
18person has served in confinement before release to extended supervision and the
19amount of time a person has served in confinement for a revocation of extended
20supervision includes any extensions imposed under sub. (3).
AB3, s. 164
21Section
164. 302.113 (9) (e) of the statutes is created to read:
AB3,65,2522
302.113
(9) (e) If a hearing is to be held under par. (am) before the division of
23hearings and appeals in the department of administration, the hearing examiner
24may order the taking and allow the use of a videotaped deposition under s. 967.04
25(7) to (10).
AB3, s. 165
1Section
165. 302.113 (9) (f) of the statutes is created to read:
AB3,66,52
302.113
(9) (f) A reviewing authority may consolidate proceedings before it
3under par. (am) with other proceedings before that reviewing authority under par.
4(am) or s. 302.11 (7) (am) or 302.114 (9) (am) if all of the proceedings relate to the
5parole or extended supervision of the same person.
AB3, s. 166
6Section
166. 302.113 (9) (g) of the statutes is created to read:
AB3,66,127
302.113
(9) (g) In any case in which there is a hearing before the division of
8hearings and appeals in the department of administration concerning whether to
9revoke of a person's extended supervision, the person on extended supervision may
10seek review of a decision to revoke extended supervision and the department of
11corrections may seek review of a decision to not revoke extended supervision. Review
12of a decision under this paragraph may be sought only by an action for certiorari.
AB3, s. 167
13Section
167. 302.113 (9g) of the statutes is created to read:
AB3,66,1714
302.113
(9g) (a) In this subsection, "program review committee" means the
15committee at a correctional institution that reviews the security classifications,
16institution assignments, and correctional programming assignments of inmates
17confined in the institution.