AB3,70,724
(j) An inmate eligible to seek modification of his or her bifurcated sentence
25under this subsection has a right to be represented by counsel in proceedings under
1this subsection. An inmate, or the department on the inmate's behalf, may apply to
2the state public defender for determination of indigency and appointment of counsel
3under s. 977.05 (4) (jm) before or after the filing of a petition with the program review
4committee under par. (c). If an inmate whose petition has been referred to the court
5under par. (c) is without counsel, the court shall refer the matter to the state public
6defender for determination of indigency and appointment of counsel under s. 977.05
7(4) (jm).
AB3, s. 168
8Section
168. 302.114 (4) of the statutes is amended to read:
AB3,70,129
302.114
(4) All consecutive sentences
imposed for crimes committed on or after
10December 31, 1999, shall be computed as one continuous sentence. An inmate
11subject to this section shall serve any term of extended supervision after serving all
12terms of confinement in prison.
AB3, s. 169
13Section
169. 302.114 (5) (f) of the statutes is amended to read:
AB3,70,1814
302.114
(5) (f) An inmate may appeal an order denying his or her petition for
15release to extended supervision. In an appeal under this paragraph, the appellate
16court may reverse an order denying a petition for release to extended supervision
17only if it determines that the sentencing court
improperly erroneously exercised its
18discretion in denying the petition for release to extended supervision.
AB3, s. 170
19Section
170. 302.114 (6) (b) of the statutes is amended to read:
AB3,70,2420
302.114
(6) (b) If an inmate petitions a court under sub. (5) or (9)
(b) (bm) for
21release to extended supervision under this section, the clerk of the circuit court in
22which the petition is filed shall send a copy of the petition and, if a hearing is
23scheduled, a notice of hearing to the victim of the crime committed by the inmate, if
24the victim has submitted a card under par. (e) requesting notification.
AB3, s. 171
25Section
171. 302.114 (6) (c) of the statutes is amended to read:
AB3,71,4
1302.114
(6) (c) The notice under par. (b) shall inform the victim that he or she
2may appear at the hearing under sub. (5) or (9)
(b)
(bm), if a hearing is scheduled,
3and shall inform the victim of the manner in which he or she may provide written
4statements concerning the inmate's petition for release to extended supervision.
AB3, s. 172
5Section
172. 302.114 (8m) of the statutes is created to read:
AB3,71,106
302.114
(8m) (a) Every person released to extended supervision under this
7section remains in the legal custody of the department. If the department alleges
8that any condition or rule of extended supervision has been violated by the person,
9the department may take physical custody of the person for the investigation of the
10alleged violation.
AB3,71,1911
(b) If a person released to extended supervision under this section signs a
12statement admitting a violation of a condition or rule of extended supervision, the
13department may, as a sanction for the violation, confine the person for up to 90 days
14in a regional detention facility or, with the approval of the sheriff, in a county jail.
15If the department confines the person in a county jail under this paragraph, the
16department shall reimburse the county for its actual costs in confining the person
17from the appropriations under s. 20.410 (1) (ab) and (b). Notwithstanding s. 302.43,
18the person is not eligible to earn good time credit on any period of confinement
19imposed under this subsection.
AB3, s. 173
20Section
173. 302.114 (9) (a) of the statutes is renumbered 302.114 (9) (am) and
21amended to read:
AB3,72,922
302.114
(9) (am) If a person released to extended supervision under this section
23violates a condition of extended supervision, the
division of hearings and appeals in
24the department of administration, upon proper notice and hearing, or the
25department of corrections, if the person on extended supervision waives a hearing,
1reviewing authority may revoke the extended supervision of the person
and return
2the person to prison. If
the extended supervision of the person is
revoked, the person
3shall be returned to the circuit court for the county in which the person was convicted
4of the offense for which he or she was on extended supervision, and the court shall
5order the person to be returned to prison
, he or she shall be returned to prison for a
6specified period of time
, as provided under par. (b)
before he or she is eligible for being
7released again to extended supervision. The period of time specified under this
8paragraph may not be less than 5 years and may be extended in accordance with sub.
9(3).
AB3, s. 174
10Section
174. 302.114 (9) (ag) of the statutes is created to read:
AB3,72,1211
302.114
(9) (ag) In this subsection "reviewing authority" has the meaning given
12in s. 302.113 (9) (ag).
AB3, s. 175
13Section
175. 302.114 (9) (b) of the statutes is amended to read:
AB3,72,2214
302.114
(9) (b)
If When a person is returned to
prison court under par.
(a) (am) 15after revocation of extended supervision, the
department of corrections in the case
16of a waiver or the division of hearings and appeals in the department of
17administration in the case of a hearing under par. (a) reviewing authority shall
18specify a make a recommendation to the court concerning the period of time for which
19the person
shall be incarcerated should be returned to prison before being eligible for
20release to extended supervision. The period of time
specified recommended under
21this paragraph may not be less than 5 years
and may be extended in accordance with
22sub. (3).
AB3, s. 176
23Section
176. 302.114 (9) (bm) of the statutes is amended to read:
AB3,73,924
302.114
(9) (bm) A person who is returned to prison under par.
(a) (am) after
25revocation of extended supervision may, upon petition to the sentencing court, be
1released to extended supervision after he or she has served the entire period of time
2specified
in by the court under par.
(b) (am), including any periods of extension
3imposed under sub. (3). A person may not file a petition under this paragraph earlier
4than 90 days before the date on which he or she is eligible to be released to extended
5supervision. If a person files a petition for release to extended supervision under this
6paragraph at any time earlier than 90 days before the date on which he or she is
7eligible to be released to extended supervision, the court shall deny the petition
8without a hearing. The procedures specified in sub. (5) (am) to (f) apply to a petition
9filed under this paragraph.
AB3, s. 177
10Section
177. 302.114 (9) (c) of the statutes is amended to read:
AB3,73,1311
302.114
(9) (c) A person who is subsequently released to extended supervision
12under par.
(b) (bm) is subject to all conditions and rules under sub. (8) until the
13expiration of the sentence.
AB3, s. 178
14Section
178. 302.114 (9) (d) of the statutes is created to read:
AB3,73,1815
302.114
(9) (d) If a hearing is to be held under par. (am) before the division of
16hearings and appeals in the department of administration, the hearing examiner
17may order the taking and allow the use of a videotaped deposition under s. 967.04
18(7) to (10).
AB3, s. 179
19Section
179. 302.114 (9) (e) of the statutes is created to read:
AB3,73,2320
302.114
(9) (e) A reviewing authority may consolidate proceedings before it
21under par. (am) with other proceedings before that reviewing authority under par.
22(am) or s. 302.11 (7) (am) or 302.113 (9) (am) if all of the proceedings relate to the
23parole or extended supervision of the same person.
AB3, s. 180
24Section
180. 302.114 (9) (f) of the statutes is created to read:
AB3,74,6
1302.114
(9) (f) In any case in which there is a hearing before the division of
2hearings and appeals in the department of administration concerning whether to
3revoke a person's extended supervision, the person on extended supervision may
4seek review of a decision to revoke extended supervision and the department of
5corrections may seek review of a decision to not revoke extended supervision. Review
6of a decision under this paragraph may be sought only by an action for certiorari.
AB3, s. 181
7Section
181. 302.33 (1) of the statutes is amended to read:
AB3,74,158
302.33
(1) The maintenance of persons who have been sentenced to the state
9penal institutions; persons in the custody of the department, except as provided in
10sub. (2) and
s. ss. 301.048 (7)
, 302.113 (8m), and 302.114 (8m); persons accused of
11crime and committed for trial; persons committed for the nonpayment of fines and
12expenses; and persons sentenced to imprisonment therein, while in the county jail,
13shall be paid out of the county treasury. No claim may be allowed to any sheriff for
14keeping or boarding any person in the county jail unless the person was lawfully
15detained therein.
AB3, s. 182
16Section
182. 303.065 (1) (b) 1. of the statutes is amended to read:
AB3,74,2117
303.065
(1) (b) 1. A person serving a life sentence, other than a life sentence
18specified in subd. 2., may be considered for work release only after he or she has
19reached parole eligibility under s. 304.06 (1) (b) or 973.014 (1) (a) or (b), whichever
20is applicable, or he or she has reached his or her extended supervision eligibility date
21under s. 302.114 (9)
(b) (a) or 973.014 (1g) (a) 1. or 2., whichever is applicable.
AB3, s. 183
22Section
183. 303.08 (1) (intro.) of the statutes is amended to read:
AB3,75,223
303.08
(1) (intro.) Any person sentenced to a county jail for crime, nonpayment
24of a fine or forfeiture, or contempt of court
, or subject to a confinement sanction under
1s. 302.113 (8m) or 302.114 (8m) may be granted the privilege of leaving the jail during
2necessary and reasonable hours for any of the following purposes:
AB3, s. 184
3Section
184. 303.08 (2) of the statutes is amended to read:
AB3,75,104
303.08
(2) Unless such privilege is expressly granted by the court
or, in the case
5of a person subject to a confinement sanction under s. 302.113 (8m) or 302.114 (8m),
6the department, the
prisoner person is sentenced to ordinary confinement.
The A 7prisoner
, other than a person subject to a confinement sanction under s. 302.113 (8m)
8or 302.114 (8m), may petition the court for such privilege at the time of sentence or
9thereafter, and in the discretion of the court may renew the prisoner's petition. The
10court may withdraw the privilege at any time by order entered with or without notice.
AB3, s. 185
11Section
185. 303.08 (5) (intro.) of the statutes is amended to read:
AB3,75,1612
303.08
(5) (intro.) By order of the court
or, for a person subject to a confinement
13sanction under s. 302.113 (8m) or 302.114 (8m), by order of the department, the
14wages, salary and unemployment insurance and employment training benefits
15received by prisoners shall be disbursed by the sheriff for the following purposes, in
16the order stated:
AB3, s. 186
17Section
186. 303.08 (6) of the statutes is amended to read:
AB3,75,2318
303.08
(6) The
department, for a person subject to a confinement sanction
19under s. 302.113 (8m) or 302.114 (8m), or the sentencing court
may, by order
, may 20authorize the sheriff to whom the prisoner is committed to arrange with another
21sheriff for the employment or employment training of the prisoner in the other's
22county, and while so employed or trained to be in the other's custody but in other
23respects to be and continue subject to the commitment.
AB3, s. 187
24Section
187. 303.08 (12) of the statutes is amended to read:
AB3,76,5
1303.08
(12) In counties having a house of correction, any person violating the
2privilege granted under sub. (1) may be transferred by the county jailer to the house
3of correction for the remainder of the term of the person's sentence
or, if applicable,
4the remainder of the person's confinement sanction under s. 302.113 (8m) or 302.114
5(8m).
AB3, s. 188
6Section
188. 304.06 (1) (b) of the statutes is amended to read:
AB3,76,217
304.06
(1) (b) Except as provided in
s. 961.49 (2), 1999 stats., sub. (1m) or s.
8302.045 (3),
961.49 (2), 973.01 (6) or 973.0135, the parole commission may parole an
9inmate of the Wisconsin state prisons or any felon or any person serving at least one
10year or more in a county house of correction or a county reforestation camp organized
11under s. 303.07, when he or she has served 25% of the sentence imposed for the
12offense, or 6 months, whichever is greater. Except as provided in s. 939.62 (2m) (c)
13or 973.014 (1) (b) or (c), (1g) or (2), the parole commission may parole an inmate
14serving a life term when he or she has served 20 years, as modified by the formula
15under s. 302.11 (1) and subject to extension under s. 302.11 (1q) and (2), if applicable.
16The person serving the life term shall be given credit for time served prior to
17sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary
18may grant special action parole releases under s. 304.02. The department or the
19parole commission shall not provide any convicted offender or other person
20sentenced to the department's custody any parole eligibility or evaluation until the
21person has been confined at least 60 days following sentencing.
AB3, s. 189
22Section
189. 304.071 (2) of the statutes is amended to read:
AB3,76,2523
304.071
(2) If a prisoner is not eligible for parole under
s. 961.49 (2), 1999 stats.,
24or s. 939.62 (2m) (c),
961.49 (2), 973.01 (6), 973.014 (1) (c) or (1g) or 973.032 (5), he
25or she is not eligible for parole under this section.
AB3, s. 190
1Section
190. 304.11 (3) of the statutes is amended to read:
AB3,77,112
304.11
(3) If upon inquiry it further appears to the governor that the convicted
3person has violated or failed to comply with any of those conditions, the governor may
4issue his or her warrant remanding the person to the institution from which
5discharged, and the person shall be confined and treated as though no pardon had
6been granted, except that the person loses any applicable good time which he or she
7had earned. If the person is returned to prison, the person is subject to the same
8limitations as a revoked parolee under s. 302.11 (7). The department shall determine
9the period of incarceration under s. 302.11 (7)
(a)
(am). If the governor determines
10the person has not violated or failed to comply with the conditions, the person shall
11be discharged subject to the conditional pardon.
AB3, s. 191
12Section
191. 341.605 (3) of the statutes is amended to read:
AB3,77,1513
341.605
(3) Whoever violates sub. (1) or (2)
may be fined not more than $5,000
14or imprisoned for not more than 7 years and 6 months, or both, for each violation is
15guilty of a Class H felony.
AB3, s. 192
16Section
192. 342.06 (2) of the statutes is amended to read:
AB3,77,1917
342.06
(2) Any person who knowingly makes a false statement in an
18application for a certificate of title
may be fined not more than $5,000 or imprisoned
19not more than 7 years and 6 months or both is guilty of a Class H felony.
AB3, s. 193
20Section
193. 342.065 (4) (b) of the statutes is amended to read:
AB3,77,2321
342.065
(4) (b) Any person who violates sub. (1) with intent to defraud
may be
22fined not more than $5,000 or imprisoned for not more than 7 years and 6 months
23or both is guilty of a Class H felony.
AB3, s. 194
24Section
194. 342.155 (4) (b) of the statutes is amended to read:
AB3,78,3
1342.155
(4) (b) Any person who violates this section with intent to defraud may
2be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months
3or both
is guilty of Class H felony.
AB3, s. 195
4Section
195. 342.156 (6) (b) of the statutes is amended to read:
AB3,78,75
342.156
(6) (b) Any person who violates this section with intent to defraud
may
6be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months
7or both is guilty of a Class H felony.
AB3, s. 196
8Section
196. 342.30 (3) (a) of the statutes is amended to read:
AB3,78,119
342.30
(3) (a) Any person who violates sub. (1g)
may be fined not more than
10$5,000 or imprisoned for not more than 7 years and 6 months or both
is guilty of a
11Class H felony.
AB3, s. 197
12Section
197. 342.32 (3) of the statutes is amended to read:
AB3,78,1513
342.32
(3) Whoever violates sub. (1) or (2)
may be fined not more than $5,000
14or imprisoned for not more than 7 years and 6 months, or both, for each violation is
15guilty of a Class H felony.
AB3, s. 198
16Section
198. 343.31 (1) (i) of the statutes is amended to read:
AB3,78,1817
343.31
(1) (i) Knowingly fleeing or attempting to elude a traffic officer
under
18s. 346.04 (3).
AB3, s. 199
19Section
199. 343.31 (3) (d) (intro.) of the statutes is amended to read:
AB3,78,2220
343.31
(3) (d) (intro.) Any person convicted of knowingly fleeing or attempting
21to elude a traffic officer
under s. 346.04 (3) shall have his or her operating privilege
22revoked as follows:
AB3, s. 200
23Section
200. 344.48 (2) of the statutes is amended to read:
AB3,78,2524
344.48
(2) Any person violating this section may be fined not more than
$1,000 25$10,000 or imprisoned for not more than
2 years 9 months or both.
AB3, s. 201
1Section
201. 346.04 (2t) of the statutes is created to read:
AB3,79,52
346.04
(2t) No operator of a vehicle, after having received a visible or audible
3signal to stop his or her vehicle from a traffic officer or marked police vehicle, shall
4knowingly resist the traffic officer by failing to stop his or her vehicle as promptly as
5safety reasonably permits.
AB3, s. 202
6Section
202. 346.04 (4) of the statutes is created to read:
AB3,79,97
346.04
(4) Subsection (2t) is not an included offense of sub. (3), but a person may
8not be convicted of violating both subs. (2t) and (3) for acts arising out of the same
9incident or occurrence.
AB3, s. 203
10Section
203. 346.17 (2t) of the statutes is created to read:
AB3,79,1211
346.17
(2t) Any person violating s. 346.04 (2t) may be fined not more than
12$10,000 or imprisoned for not more than 9 months or both.
AB3, s. 204
13Section
204. 346.17 (3) (a) of the statutes is amended to read:
AB3,79,1614
346.17
(3) (a) Except as provided in par. (b), (c) or (d), any person violating s.
15346.04 (3)
shall be fined not less than $600 nor more than $10,000 and may be
16imprisoned for not more than 3 years is guilty of a Class I felony.
AB3, s. 205
17Section
205. 346.17 (3) (b) of the statutes is amended to read:
AB3,79,2118
346.17
(3) (b) If the violation results in bodily harm, as defined in s. 939.22 (4),
19to another, or causes damage to the property of another, as defined in s. 939.22 (28),
20the person
shall be fined not less than $1,000 nor more than $10,000 and may be
21imprisoned for not more than 3 years is guilty of a Class H felony.
AB3, s. 206
22Section
206. 346.17 (3) (c) of the statutes is amended to read:
AB3,79,2523
346.17
(3) (c) If the violation results in great bodily harm, as defined in s. 939.22
24(14), to another, the person
shall be fined not less than $1,100 nor more than $10,000
25and may be imprisoned for not more than 3 years is guilty of a Class F felony.
AB3, s. 207
1Section
207. 346.17 (3) (d) of the statutes is amended to read:
AB3,80,42
346.17
(3) (d) If the violation results in the death of another, the person
shall
3be fined not less than $1,100 nor more than $10,000 and may be imprisoned for not
4more than 7 years and 6 months is guilty of a Class E felony.
AB3, s. 208
5Section
208. 346.175 (1) (a) of the statutes is amended to read:
AB3,80,86
346.175
(1) (a) Subject to s. 346.01 (2), the owner of a vehicle involved in a
7violation of s. 346.04
(2t) or (3) for fleeing a traffic officer shall be presumed liable for
8the violation as provided in this section.
AB3, s. 209
9Section
209. 346.175 (1) (b) of the statutes is amended to read:
AB3,80,1410
346.175
(1) (b) Notwithstanding par. (a), no owner of a vehicle involved in a
11violation of s. 346.04
(2t) or (3) for fleeing a traffic officer may be convicted under this
12section if the person operating the vehicle or having the vehicle under his or her
13control at the time of the violation has been convicted for the violation under this
14section or under s. 346.04
(2t) or (3).
AB3, s. 210
15Section
210. 346.175 (4) (b) of the statutes is amended to read:
AB3,80,2216
346.175
(4) (b) If the owner of the vehicle provides a traffic officer employed by
17the authority issuing the citation with the name and address of the person operating
18the vehicle or having the vehicle under his or her control at the time of the violation
19and sufficient information for the officer to determine that probable cause does not
20exist to believe that the owner of the vehicle was operating the vehicle at the time
21of the violation, then the owner of the vehicle shall not be liable under this section
22or under s. 346.04
(2t) or (3).
AB3, s. 211
23Section
211. 346.175 (4) (c) of the statutes is amended to read: