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.
SB550,24,11
10(10s) Ineligibility of violent offenders. This section does not apply to a
11violent offender.
SB550,24,14
12(11) Inapplicability to existing drug court programs. (a) In this subsection,
13"drug court program" means a program that is operated by a county and a circuit
14court to which all of the following apply:
SB550,24,1615
1. Under the program, a defendant whom the court finds committed an offense
16may agree to participate in drug treatment under the supervision of the court.
SB550,24,1917
2. Under the program, if the defendant successfully completes the drug
18treatment provided under subd. 1., the court does not enter a judgment of conviction
19for the offense or enters a judgment of conviction for a lesser offense.
SB550,24,2320
(b) This section does not apply to a defendant with respect to a specific offense
21if the defendant is given the opportunity with respect to that offense to participate
22in a drug court program that existed on the effective date of this paragraph ....
23[revisor inserts date].
SB550,25,3
24(12) Report to the legislature. By the first day of the 18th month beginning
25after the effective date of this subsection .... [revisor inserts date], and every 12
1months thereafter, the department of corrections and the department of health and
2family services shall submit to the legislature under s. 13.172 (2) a report on the
3effectiveness of the conditional discharge and probation program under this section.
SB550, s. 29
4Section
29. 973.09 (4) (a) of the statutes is amended to read:
SB550,25,85
973.09
(4) (a) The court may also require as a condition of probation that the
6probationer be confined during such period of the term of probation as the court
7prescribes, but not to exceed one year.
This paragraph does not apply to a person
8placed on probation under s. 971.41 (6).
SB550,25,14
9(am) The court may grant the privilege of leaving the county jail, Huber facility,
10work camp, or tribal jail during the hours or periods of employment or other activity
11under s. 303.08 (1) (a) to (e) while confined under this subsection
or under s. 971.41
12(6) (d). The court may specify the necessary and reasonable hours or periods during
13which the probationer may leave the jail, Huber facility, work camp, or tribal jail or
14the court may delegate that authority to the sheriff.
SB550,26,3
15(ar) In those counties without a Huber facility under s. 303.09, a work camp
16under s. 303.10, or an agreement under s. 302.445,
the
a probationer
who is confined
17under par. (a) shall be confined in the county jail. In those counties with a Huber
18facility under s. 303.09, the sheriff shall determine whether confinement under
this
19subsection par. (a) is to be in that facility or in the county jail. In those counties with
20a work camp under s. 303.10, the sheriff shall determine whether confinement
under
21par. (a) is to be in the work camp or the county jail. The sheriff may transfer persons
22confined under
this subsection par. (a) between a Huber facility or a work camp and
23the county jail. In those counties with an agreement under s. 302.445, the sheriff
24shall determine whether a person who is confined under
this subsection par. (a) but
25who is not subject to an order under par. (b) is to be confined in the tribal jail or the
1county jail, unless otherwise provided under the agreement. In those counties, the
2sheriff may transfer persons confined under
this subsection par. (a) between a tribal
3jail and a county jail, unless otherwise provided under the agreement.
SB550, s. 30
4Section
30. 973.09 (4) (b) of the statutes is amended to read:
SB550,26,95
973.09
(4) (b) With the consent of the department and when recommended in
6the presentence investigation, the court may order that a felony offender subject to
7this subsection par. (a) be confined in a facility located in the city of Milwaukee under
8s. 301.13 or 301.16 (1q), for the purpose of allowing the offender to complete an
9alcohol and other drug abuse treatment program.
SB550, s. 31
10Section
31. 973.10 (1) of the statutes is amended to read:
SB550,26,1611
973.10
(1) Imposition of probation shall have the effect of placing the defendant
12in the custody of the department and shall subject the defendant to the control of the
13department under conditions set by the court
or, under sub. (2), by the department
14or the division of hearings and appeals in the department of administration and
15under rules and regulations established by the department for the supervision of
16probationers, parolees and persons on extended supervision.
SB550, s. 32
17Section
32. 973.10 (2) (intro.) of the statutes is renumbered 973.10 (2) (a) and
18amended to read:
SB550,27,219
973.10
(2) (a) If a probationer violates the conditions of probation
, other than
20probation imposed under s. 971.41 (6), the department of corrections may initiate a
21proceeding before the division of hearings and appeals in the department of
22administration. Unless waived by the probationer, a hearing examiner for the
23division shall conduct an administrative hearing and enter an order either revoking
24or not revoking probation. Upon request of either party, the administrator of the
25division shall review the order. If the probationer waives the final administrative
1hearing, the secretary of corrections shall enter an order either revoking or not
2revoking probation.
If probation is revoked, the department shall:
SB550, s. 33
3Section
33. 973.10 (2) (a) of the statutes is renumbered 973.10 (2b) (b) 1.
SB550, s. 34
4Section
34. 973.10 (2) (b) of the statutes is renumbered 973.10 (2b) (b) 2.
SB550, s. 35
5Section
35. 973.10 (2) (bm) of the statutes is created to read:
SB550,27,136
973.10
(2) (bm) If the violation of probation relates to the probationer's use of
7alcohol or other drugs, the reviewing authority determines that the probationer can
8receive a prompt substance abuse assessment, if necessary, and prompt and
9appropriate substance abuse treatment under s. 51.49 (1) from the county
10department of community programs for the probationer's county of residence, and
11par. (c) does not apply, the reviewing authority may, in lieu of revoking probation,
12order the probationer to submit to the assessment or participate in treatment or both
13as a condition of probation.
SB550, s. 36
14Section
36. 973.10 (2) (c) of the statutes is created to read:
SB550,27,2115
973.10
(2) (c) If the probationer is required to participate in an approved
16substance abuse treatment program as a condition of probation and he or she violates
17a condition of probation that relates to his or her participation in the program, the
18division of hearings and appeals in the department of administration or, if the
19probationer waives the final administrative hearing, the secretary of corrections
20may, in lieu of revoking probation, establish, maintain, or modify conditions of
21probation relating to the person's participation in the program.
SB550, s. 37
22Section
37. 973.10 (2b) of the statutes is created to read:
SB550,27,2423
973.10
(2b) (a) If a person's probation is revoked, the department shall proceed
24under par. (b) if all of the following apply:
SB550,28,3
11. The person is not required to participate in an approved substance abuse
2treatment program as a condition of probation and the violation does not relate to the
3probationer's use of alcohol or other drugs.
SB550,28,64
2. The person is required to participate in a substance abuse treatment
5program as a condition of probation but the violation does not relate to his or her
6participation in the program.
SB550,28,77
(b) If par. (a) 1. or 2. applies, the department shall do one of the following:
SB550, s. 38
8Section
38. 973.10 (2e) of the statutes is created to read:
SB550,28,119
973.10
(2e) If a person's probation is revoked but sub. (2b) (a) 1. or 2. applies,
10the department shall order that the person be brought before the court. The court
11shall then do one of the following:
SB550,28,1312
(a) If the person has not already been sentenced, impose sentence without
13further stay under s. 973.15.
SB550,28,1614
(b) If the person has already been sentenced, vacate the stay of the sentence.
15The term of a sentence under this paragraph shall begin on the date on which the
16person enters the prison.
SB550,28,2317
(c) If the violation relates to the person's use of alcohol or other drugs, the court
18determines that the person can receive a prompt substance abuse assessment, if
19necessary, and prompt and appropriate substance abuse treatment under s. 51.49 (1)
20from the county department of community programs for the person's county of
21residence, and par. (d) does not apply, vacate the reviewing authority's decision to
22revoke the person's probation and order the person to submit to the assessment or
23participate in treatment or both as a condition of probation.
SB550,29,324
(d) If the person is required to participate in a substance abuse treatment
25program as a condition of probation and the violation relates to the person's
1participation in the program, vacate the reviewing authority's decision to revoke the
2person's probation and establish, maintain, or modify conditions of probation
3relating to the person's participation in the program.
SB550,29,116
973.15
(2m) (a) 3. "Period of confinement in prison," with respect to any
7sentence to the Wisconsin state prisons, means any time during which a person is
8incarcerated under that sentence, including any extensions imposed under s. 302.11
9(3), 302.113 (3), or 302.114 (3) and any period of confinement in prison required to
10be served under s. 302.113 (9) (am), 2001 stats., or s. 302.11 (7) (am), 302.113 (9)
(am) 11(ar) 1., or 302.114 (9) (am).