SB550, s. 7
12Section
7. 302.113 (9) (am) 2. of the statutes is created to read:
SB550,10,1613
302.113
(9) (am) 2. If the violation relates to the person's use of alcohol or other
14drugs and subd. 3. does not apply, order the person to submit to a substance abuse
15assessment or substance abuse treatment or both under s. 51.49 in the person's
16county of residence as a condition of extended supervision.
SB550, s. 8
17Section
8. 302.113 (9) (am) 3. of the statutes is created to read:
SB550,10,2218
302.113
(9) (am) 3. If the person is required to participate in a substance abuse
19treatment program as a condition of extended supervision and the violation relates
20to the person's participation in the program, establish, maintain, or modify
21conditions of extended supervision relating to the person's participation in the
22program.
SB550, s. 9
23Section
9. 302.113 (9) (ar) of the statutes is created to read:
SB550,10,2524
302.113
(9) (ar) If a person is returned to court under par. (ap) after revocation
25of extended supervision, the court shall do one of the following:
SB550,11,5
11. Order the person to be returned to prison for any specified period of time that
2does not exceed the time remaining on the bifurcated sentence, as calculated under
3par. (ap). A court order returning a person to prison under this subdivision shall
4provide the person whose extended supervision was revoked with credit in
5accordance with ss. 304.072 and 973.155.
SB550,11,106
2. If the violation relates to the person's use of alcohol or other drugs and subd.
73. does not apply, vacate the reviewing authority's decision to revoke the person's
8extended supervision and order the person to submit to a substance abuse
9assessment or substance abuse treatment or both under s. 51.49 in the person's
10county of residence as a condition of extended supervision.
SB550,11,1611
3. If the person is required to participate in a substance abuse treatment
12program as a condition of extended supervision and the violation relates to the
13person's participation in the program, vacate the reviewing authority's decision to
14revoke the person's extended supervision and establish, maintain, or modify
15conditions of extended supervision relating to the person's participation in the
16program.
SB550,12,321
302.113
(9) (b) A person who is returned to prison after revocation of extended
22supervision shall be incarcerated for the entire period of time specified by the court
23under par.
(am) (ar) 1. The period of time specified under par.
(am) (ar) 1. may be
24extended in accordance with sub. (3). If a person is returned to prison under par.
(am) 25(ar) 1. for a period of time that is less than the time remaining on the bifurcated
1sentence, the person shall be released to extended supervision after he or she has
2served the period of time specified by the court under par.
(am) (ar) 1. and any periods
3of extension imposed in accordance with sub. (3).
SB550,12,146
302.113
(9) (c) A person who is subsequently released to extended supervision
7after service of the period of time specified by the court under par.
(am) (ar) 1. is
8subject to all conditions and rules under subs. (7) and, if applicable, (7m) until the
9expiration of the remaining extended supervision portion of the bifurcated sentence.
10The remaining extended supervision portion of the bifurcated sentence is the total
11length of the bifurcated sentence, less the time served by the person in confinement
12under the bifurcated sentence before release to extended supervision under sub. (2)
13and less all time served in confinement for previous revocations of extended
14supervision under the bifurcated sentence.
SB550, s. 13
15Section
13. 304.06 (3b) of the statutes is created to read:
SB550,12,1816
304.06
(3b) (a) In this subsection, "reviewing authority" means the division of
17hearings and appeals in the department of administration or, if the parolee waives
18the final administrative hearing, the secretary of corrections.
SB550,12,2319
(b) If a parolee violates a condition of parole, the violation relates to the
20parolee's use of alcohol or other drugs, and par. (c) does not apply, the reviewing
21authority may, in lieu of revoking parole, order the parolee to submit to a substance
22abuse assessment or substance abuse treatment or both under s. 51.49 in the
23person's county of residence as a condition of parole.
SB550,13,524
(c) If a parolee is required to participate in a substance abuse treatment
25program as a condition of parole and the parolee violates a condition of parole that
1relates to the parolee's participation in the program, the division of hearings and
2appeals in the department of administration or, if the parolee waives the final
3administrative hearing, the secretary of corrections may, in lieu of revoking parole,
4establish, maintain, or modify conditions of parole relating to the parolee's
5participation in the program.
SB550, s. 14
6Section
14. 304.074 (1d) of the statutes is created to read:
SB550,13,77
304.074
(1d) In this section:
SB550,13,108
1. "Discharge," with respect to a person subject to a conditional discharge order
9or on probation under s. 971.41, means a discharge and dismissal under s. 971.41 (4)
10or an order vacating a judgment of conviction under s. 971.41 (6) (b).
SB550,13,1311
2. "Probationer" includes a person subject to a conditional discharge order or
12on probation under s. 971.41 if so determined by the department under s. 971.41
13(10m).
SB550, s. 15
14Section
15. 808.075 (4) (g) 3. of the statutes is amended to read:
SB550,13,1615
808.075
(4) (g) 3. Imposition of sentence upon revocation of probation under s.
16973.10
(2) (2b) (c) 1. or (2e) (a).
SB550, s. 16
17Section
16. 961.47 (title) of the statutes is renumbered 971.41 (title) and
18amended to read:
SB550,13,20
19971.41 (title)
Conditional discharge for possession or attempted
20possession as first offense Alternatives to incarceration for drug offenders.
SB550, s. 17
21Section
17. 961.47 (1) of the statutes is renumbered 971.41 (2) (a) (intro.) and
22amended to read:
SB550,14,1323
971.41
(2) (a) (intro.) Whenever any person who
has not previously been
24convicted of any offense under this chapter, or of any offense under any statute of the
25United States or of any state or of any county ordinance relating to controlled
1substances or controlled substance analogs, narcotic drugs, marijuana or stimulant,
2depressant or hallucinogenic drugs, is a resident of this state pleads guilty
or no
3contest to or is found guilty of
possession or attempted possession of a controlled
4substance or controlled substance analog under s. 961.41 (3g) (b)
one or more offenses
5in a simple drug offense case and there are no other charges against the person
6pending in that case, the court, without entering a judgment of guilt and with the
7consent of the accused,
may shall defer further proceedings and
place him or her on
8probation upon terms and conditions. Upon violation of a term or condition, the court
9may enter an adjudication of guilt and proceed as otherwise provided. order the
10person to submit to a substance abuse assessment. Upon receipt of the assessment
11report, the court shall, with the consent of the accused, enter a conditional discharge
12order under sub. (3), unless the assessment report indicates that the person is not
13amenable to treatment or all of the following apply:
SB550,14,22
14(4) Compliance with conditional discharge order. Upon fulfillment of the
15terms and conditions
of a conditional discharge order entered under sub. (2), the
16court shall discharge the person and dismiss the proceedings against him or her.
17Discharge and dismissal under this section shall be without adjudication of guilt and
18is not a conviction for purposes of
prohibitions, disqualifications
or, disabilities
,
19increased penalties, or other adverse or unfavorable treatment imposed by law upon
20conviction of a crime, including the additional penalties imposed for 2nd or
21subsequent convictions under s. 961.48.
There may be only one discharge and
22dismissal under this section with respect to any person.
SB550, s. 18
23Section
18. 961.47 (2) of the statutes is renumbered 971.41 (2) (c) and
24amended to read:
SB550,15,6
1971.41
(2) (c) Within 20 days after
probation is granted a conditional discharge
2order is entered under this
section subsection, the clerk of court shall notify the
3department
of justice of the name of the individual
granted probation who is subject
4to the order and any other information required by the department
under rules
5promulgated by the department. This report shall be upon forms provided by the
6department.
SB550, s. 20
9Section
20. 961.475 of the statutes is amended to read:
SB550,16,2
10961.475 Treatment option. Whenever any person pleads guilty to or is found
11guilty of possession or attempted possession of a controlled substance or controlled
12substance analog under s. 961.41 (3g), the court may, upon request of the person and
13with the consent of a treatment facility with special inpatient or outpatient programs
14for the treatment of drug dependent persons, allow the person to enter the treatment
15programs voluntarily for purposes of treatment and rehabilitation. Treatment shall
16be for the period the treatment facility feels is necessary and required, but shall not
17exceed the maximum sentence allowable unless the person consents to the continued
18treatment. At the end of the necessary and required treatment, with the consent of
19the court, the person may be released from sentence. If treatment efforts are
20ineffective or the person ceases to cooperate with treatment rehabilitation efforts,
21the person may be remanded to the court
for completion of sentencing. The court may
22then enter a conditional discharge order under s. 971.41 (2) with respect to the person
23if he or she meets the requirements under sub. (2) (b) 2. a. to d. and is not a violent
24offender. Otherwise, the court shall sentence the person. Sentencing may include
25placing the person on probation under s. 971.41 (6) if the person is not a violent
1offender. This section does not apply if the court is required to enter a conditional
2discharge order under s. 971.41 (2).
SB550, s. 21
3Section
21. 971.41 (1) of the statutes is created to read:
SB550,16,44
971.41
(1) Definitions.
SB550,16,55
(a) "Disqualifying offense" means any of the following:
SB550,16,66
1. A Class A, B, C, D, or E felony.
SB550,16,77
2. An offense under s. 941.20, 941.21, 941.23, 941.235, 941.237, or 941.29.
SB550,16,88
3. An offense under s. 23.33 (4c), 30.681, 346.63, 350.101, or 940.25.
SB550,16,109
(b) "Drug" means a controlled substance, as defined in s. 961.01 (4), or a
10controlled substance analog, as defined in s. 961.01 (4m).
SB550,16,1311
(c) "Simple drug offense" means an offense or an attempt to commit an offense
12under s. 961.41 (3g), 961.42, 961.43 (1) (a), or 961.573 (1), but does not include
13conduct that constitutes a violation of s. 961.573 (3).
SB550,16,1514
(d) "Simple drug offense case" means a case in which a person is charged with
15one or more simple drug offenses but not with any other offense.
SB550,16,1616
(e) "Violent offender" means a person to whom one of the following applies:
SB550,16,2017
1. The person has been charged with or convicted of an offense in a pending case
18and, during the course of the offense, the person carried, possessed, or used a
19dangerous weapon, the person used force against another person, or a person died
20or suffered serious bodily harm.
SB550,16,2321
2. The person has one or more prior convictions for a felony involving the use
22or attempted use of force against another person with the intent to cause death or
23serious bodily harm.
SB550, s. 22
24Section
22. 971.41 (2) (title) and (a) 1. to 3. of the statutes are created to read:
SB550,16,2525
971.41
(2) (title)
Conditional discharge.
SB550,17,3
1(a) 1. The person has 2 or more prior convictions for a simple drug offense or
2for an offense committed in another jurisdiction that would be a simple drug offense
3if committed in this state.
SB550,17,54
2. At least one of the offenses under subd. 1. was committed in the 10-year
5period immediately before the person committed the current offense.
SB550,17,86
3. The person was offered an opportunity to receive substance abuse treatment
7and rehabilitation services under this section in connection with one of the offenses
8under subd. 1.
SB550, s. 23
9Section
23. 971.41 (2) (b) of the statutes is created to read:
SB550,17,1910
971.41
(2) (b) 1. Whenever any person who is a resident of this state pleads
11guilty or no contest to or is found guilty of a crime other than a disqualifying offense
12and there are no other charges against the person pending in that case, the court,
13without entering a judgment of guilt, shall order the person to submit to a substance
14abuse assessment by the county department of community programs if the person
15or the district attorney requests a hearing, or the court on its own motion orders a
16hearing, on whether subd. 2. a. to d. applies. This subdivision does not apply if the
17court is required to enter a conditional discharge order under par. (a) or if an
18assessment conducted under par. (a) indicates that the person is not amenable to
19treatment.
SB550,17,2520
2. Upon receipt of the assessment results, the court shall hold a hearing on the
21person's eligibility for conditional discharge under this paragraph. If the person
22agrees to participate in substance abuse treatment and rehabilitation services and
23if the court finds by clear and convincing evidence that all of the following are true,
24the court shall enter a conditional discharge order or enter a judgment of conviction
25and place the person on probation under sub. (6):
SB550,18,1
1a. The offense was significantly motivated by the person's substance abuse.
SB550,18,32
b. Neither the victim of the offense nor the public will be harmed by the entry
3of a conditional discharge order or by placing the person on probation.
SB550,18,54
c. Entering a conditional discharge order or placing the person on probation is
5in the best interests of the public.
SB550,18,76
d. Entering a conditional discharge order or placing the person on probation
7will not unduly depreciate the seriousness of the offense.
SB550, s. 24
8Section
24. 971.41 (2) (c) of the statutes is created to read:
SB550,18,119
971.41
(2) (c) If the court does not enter a conditional discharge order or place
10a person on probation under this subsection, the court shall proceed as otherwise
11provided in this chapter.
SB550, s. 25
12Section
25. 971.41 (3) of the statutes is created to read:
SB550,18,2413
971.41
(3) Requirements of order; monitoring compliance. A court that
14enters a conditional discharge order under sub. (2) shall require, as condition of its
15order, that the person participate in specified substance abuse treatment and
16rehabilitation services that are included in the plan of services developed by the
17county department of community programs under s. 51.49 (1). Unless the order is
18revoked, the person shall remain subject to the conditional discharge order until the
19court determines that the person has successfully completed his or her substance
20abuse treatment and for at least 6 months thereafter. The court and, except as
21provided in sub. (10), the department shall monitor the person's compliance with the
22court's order. Subject to sub. (5) (b), the court may modify its order at any time. If
23the person violates the conditional discharge order, the department or a contractor
24under sub. (10), whichever is applicable, shall notify the court.
SB550, s. 26
25Section
26. 971.41 (5) of the statutes is created to read:
SB550,19,4
1971.41
(5) Violation of conditional discharge order; graduated sanctions;
2revocation. (a) If the person violates a condition of a conditional discharge order,
3the person's probation agent or probation supervisor selected under sub. (10),
4whichever is applicable, shall notify the court.
SB550,19,85
(am) If a person violates a term or condition of a conditional discharge order
6that is unrelated to the person's substance abuse treatment or the person's use of
7alcohol or other drugs, the court may revoke the order, enter the judgment of
8conviction, and sentence the person.
SB550,19,159
(b) For violations of terms or conditions of a conditional discharge order that
10are related to the person's substance abuse treatment or the person's use of alcohol
11or other drugs, any sanctions that the court imposes shall be graduated sanctions,
12which may include modifying the treatment requirements or the conditional
13discharge order. The court may revoke the conditional discharge order based on such
14a violation only if the court has previously imposed sanctions on the person for other
15violations under this paragraph.
SB550, s. 27
16Section
27. 971.41 (6) of the statutes is created to read:
SB550,20,417
971.41
(6) Probation. (a) If a court revokes a conditional discharge order under
18sub. (5) (b) or if the court makes all of the findings listed in sub. (2) (b) 2. a. to d. but
19does not enter a conditional discharge order, the court shall enter the judgment of
20conviction but withhold sentence and place the person on probation. The court shall
21require, as a condition of probation, that the person participate in specified
22substance abuse treatment program and rehabilitative services that are included in
23the plan of services developed by the county department of community programs
24under s. 51.49 (1). Notwithstanding s. 973.09 (2), unless the order is revoked under
25par. (c) or (e), the person shall remain subject to probation until the court determines
1that the person has successfully completed his or her substance abuse treatment and
2for at least 6 months thereafter. The court and, except as provided in sub. (10), the
3department shall monitor the person's compliance with the court's order. Subject to
4par. (d), the court may modify its order at any time.
SB550,20,125
(b) If a person completes his or her term of probation without revocation under
6par. (c) or (e), the court shall vacate the judgment of conviction for the offense for
7which the person was placed on probation. If the court vacates a judgment of
8conviction under this paragraph, the person shall not be subject to any prohibition,
9disqualification, disability, increased penalty, or other adverse or unfavorable
10treatment that would otherwise result from the person having been convicted of the
11offense, including the additional penalties imposed for 2nd or subsequent
12convictions under s. 961.48.
SB550,20,1513
(bm) If the person violates a condition of probation imposed under this
14subsection, the person's probation agent or the probation supervisor under sub. (10),
15whichever is applicable, shall notify the court.
SB550,20,1916
(c) If the court finds, after providing the person an opportunity for a hearing,
17that a person violated a condition of probation imposed under this subsection that
18is unrelated to the person's substance abuse treatment or the person's use of alcohol
19or other drugs, the court may revoke the person's probation.
SB550,20,2520
(d) For violations of conditions of probation that are imposed under this
21subsection and that are related to the person's substance abuse treatment or the
22person's use of alcohol or other drugs, any sanctions that the court imposes shall be
23graduated sanctions, which may include incarceration in a jail, house of corrections,
24or probation and parole holding facility. The first incarceration sanction may not
25exceed 2 weeks and the 2nd incarceration sanction may not exceed 30 days.
SB550,21,4
1(e) The court may revoke a person's probation imposed under this subsection
2for violating a condition of probation that is related to the person's substance abuse
3treatment or the person's use of alcohol or other drugs only if, after providing the
4person an opportunity for a hearing, the court finds all of the following:
SB550,21,65
1. That the person violated a condition of probation that is related to the
6person's substance abuse treatment or the person's use of alcohol or other drugs.
SB550,21,77
2. That one of the following applies:
SB550,21,98
a. The violation under subd. 1. occurred after the court modified the treatment
9and rehabilitation conditions of the probation order or imposed graduated sanctions.
SB550,21,1110
b. There are no reasonable treatment and rehabilitation services options other
11than the services originally ordered by the court.
SB550,21,1312
3. That there is no reasonable likelihood that the person will abstain from
13illegal activity for the remainder of the term of probation.
SB550,21,1614
(f) If the court revokes a person's probation under par. (c) or (e), the court shall
15sentence the person. A sentence under this paragraph may be a sentence of
16probation under s. 973.09.
SB550, s. 28
17Section
28. 971.41 (7) to (12) of the statutes are created to read:
SB550,21,2118
971.41
(7) Expungement. (a) A person whose case is dismissed under sub. (4)
19or whose conviction is vacated under sub. (6) (b) may petition the court to expunge
20the record of the case. The court may expunge the record if it determines that the
21person will benefit and society will not be harmed by the expungement.
SB550,22,222
(b) The clerk of court shall notify the department of justice of any expungement
23ordered under par. (a). Notwithstanding SCR 72.06 (3), the existence and contents
24of a court record that is expunged under par. (a) may be disclosed to the defendant
1or, if authorized by the defendant, to his or her attorney. Otherwise, neither the
2existence nor the contents of the record may be disclosed to any person.
SB550,22,17
3(8) Offenses committed outside of a person's county of residence. (a) If a
4person becomes subject to a conditional discharge order in a county other than his
5or her county of residence, the court that enters the order shall transfer the case to
6the court for the person's county of residence, which shall monitor the person's
7compliance with the order under sub. (3). If the court for the person's county of
8residence determines that the person has successfully complied with the order, the
9court shall discharge the person and dismiss the proceedings under sub. (4). If the
10court for the person's county of residence revokes the order for a violation unrelated
11to the person's substance abuse treatment or the person's use of alcohol or other
12drugs, the court may transfer the case to the court that entered the order, which shall
13enter the judgment of conviction and sentence the person. If the court for the person's
14county of residence revokes the order based on the person violating a condition of
15probation that is related to the person's substance abuse treatment or the person's
16use of alcohol or other drugs, the court for the person's county of residence shall
17proceed under sub. (5) (b).
SB550,22,2518
(b) If a person is placed on probation under sub. (6) in a case commenced in a
19court other than the court for the person's county of residence, the court for the
20person's county of residence shall monitor the person's compliance with the
21conditions of probation under sub. (6) (a) and shall proceed under sub. (6), except
22that, notwithstanding sub. (6) (f), if the court for the person's county of residence
23revokes the person's probation under sub. (6) (c) or (e), the court shall transfer the
24case to the county in which the person pled guilty or no contest or was found guilty,
25and the court for that county shall sentence the person.
SB550,23,3
1(c) The county department of community programs for the person's county of
2residence shall provide the treatment and rehabilitation services ordered by the
3court.
SB550,23,7
4(9) Reimbursement by health insurance providers. If the court orders the
5person to participate in a service that is covered by the person's health insurance, the
6health insurance provider shall provide the service or reimburse the county for
7providing the service.
SB550,23,20
8(10) Supervision of persons in 1st class cities. (a) The department shall
9contract with a person to supervise persons who reside in a 1st class city and who are
10subject to a conditional discharge order under sub. (3) or placed on probation under
11sub. (6). Any person who is supervised by the contractor and who is subject to a
12conditional discharge order or on probation under this section shall be subject to any
13rules or conditions established by the department that apply to all persons who
14reside in other counties and who are subject to a conditional discharge order or on
15probation under this section. The contractor shall have the same rights regarding
16access to information about individuals whom it supervises, including under ss.
1748.78 (2) (d) 4. and 938.78 (2) (d) 4., and be subject to the same restrictions regarding
18use and redisclosure of that information as the department. The contract shall
19require the contractor to notify a designated probation supervisor of a violation of a
20condition of conditional discharge or probation.
SB550,23,2421
(b) Notwithstanding s. 973.10 (1), a person who resides in a 1st class city and
22who is placed on probation under sub. (6) is not under the custody or control of the
23department unless the department takes physical custody of the person or the court
24imposes incarceration as a sanction for a violation of probation.
SB550,24,9
1(10g) Rules regarding fees. The department shall promulgate rules
2specifying whether and under what circumstances persons subject to a conditional
3discharge order under sub. (3) or placed on probation under sub. (6) may be subject
4to supervision or charged a fee under s. 301.08 (1) (c) or shall be charged a fee under
5s. 304.074. The department shall base its decision on the cost of assessing and
6collecting the fee, the amount that it anticipates collecting if a fee is imposed, the cost
7of supervising such persons, the resources that are otherwise available to the
8department to pay for those costs, and the effect that imposing the fee is likely to have
9on the success of the program established under this section.