LRB-1386LRB-1386/1
PJH:lmk:nwn
2007 - 2008 LEGISLATURE
DOA:......Steinmetz, BB0290 - Substance Abuse Program Facility
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
correctional system
Adult Correctional System
Current law requires DOC and DHFS to provide, at a certain correctional institution, a substance abuse treatment program for inmates who are eligible to earn early release to parole or extended supervision upon successful completion of the program.
This bill allows DOC and DHFS to provide, at any correctional facility the departments determine is appropriate, a substance treatment abuse program for inmates who are eligible to earn early release to parole or extended supervision upon successful completion of the program.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 302.05 (1) (c) of the statutes is amended to read:
302.05 (1) (c) The Robert E. Ellsworth Correctional Center The department of corrections and the department of health and family services shall, at any correctional facility the departments determine is appropriate, provide a substance abuse treatment program for inmates for the purposes of the earned release program described in sub. (3).
(End)
LRB-1402LRB-1402/P3
RLR:lmk:nwn
2007 - 2008 LEGISLATURE
DOA:......Wavrunek, BB0303 - Sentencing alternatives grants for Milwaukee County
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
crimes
Criminal procedure
Under current law, the Office of Justice Assistance (OJA) administers a treatment alternatives and diversion grant program to fund county programs that provide alternatives to prosecution and incarceration for criminal offenders who abuse alcohol or other drugs. This bill requires the county that has the highest violent crime rate to submit an application for a treatment alternatives and diversion grant by August 15, 2007. The bill further provides that upon approval of the application, OJA must award the county a treatment alternatives and diversion grant of $250,000 for calendar year 2008 and $500,000 for calendar year 2009.
The bill also requires the county that has the highest violent crime rate to submit a plan to OJA for conducting presentencing assessments of a target group of people who commit a Class F to I felony or a misdemeanor for the purpose of collecting information that courts may use at sentencing. The plan must identify the target group and provide for risk assessments and needs assessments of the offenders, assessment of available community-based treatment services, collection and dissemination of information concerning the accuracy and usefulness of the assessments, and annual evaluation of the presentencing assessment program. The bill provides that upon approval of the plan, OJA shall award the county $250,000 for calendar year 2008 and $500,000 for calendar year 2009 to perform presentencing assessments of offenders.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.505 (6) (b) of the statutes is amended to read:
20.505 (6) (b) Alternatives to prosecution and incarceration for persons who use alcohol or other drugs; presentencing assessments. The amounts in the schedule for making grants to counties under s. 16.964 (12) (b) and entering into contracts under s. 16.964 (12) (j) and for making grants under 2007 Wisconsin Act .... (this act), section 9101 (2).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 9101. Nonstatutory provisions; Administration.
(1) TREATMENT ALTERNATIVES AND DIVERSION GRANT. By August 15, 2007, the county that has the highest violent crime rate, as reported by the office of justice assistance, shall submit an application to the office of justice assistance for a grant under section 16.964 (2) (b) of the statutes. Upon approval of the county's grant application, the office of justice assistance shall from the appropriation under section 20.505 (6) (b) of the statutes, as affected by this act, award $250,000 to the county for the calendar year beginning January 1, 2008, and $500,000 for the the calendar year beginning January 1, 2009.
(2) ASSESS, INFORM, AND MEASURE GRANT.
(a) By December 1, 2007, the county that has the highest violent crime rate, as reported by the office of justice assistance, shall submit a plan to the office of justice assistance for conducting presentencing assessments for the purpose of providing courts information for sentencing decisions. The plan shall include all of the following components:
1. Identification of a target group of offenders from among persons who are convicted of a Class F, G, H, or I felony or a misdemeanor whom the county shall assess.
2. Assessment of persons in the target group to determine the risk that they will commit further crimes, their needs that are directly related to criminal behavior, the likelihood that they will respond positively to community-based treatment for the assessed needs, as well as an assessment of the availability of community-based treatment programs to serve the offenders.
3. Collection and dissemination of information relating to the accuracy of assessments performed, the value and usefulness of information contained in the assessment reports for purposes of making sentencing decisions, the effectiveness of community-based treatment programs in addressing the assessed needs of offenders, and the effect of the treatment programs with respect to recidivism.
4. Annual evaluation of the plan.
(b) Upon approval of a county plan submitted under paragraph (a), the office of justice assistance shall from the appropriation under section 20.505 (6) (b) of the statutes, as affected by this act, award the county $250,000 for the calendar year beginning January 1, 2008, and $500,000 for the calendar year beginning January 1, 2009, to perform presentencing assessments of offenders. At least 50 percent of the assessments performed by a county with funding provided under this subsection shall be of persons subject to sentencing in connection with a felony.
(End)
LRB-1403LRB-1403/2
PJH:kjf:rs
2007 - 2008 LEGISLATURE
DOA:......Steinmetz, BB0304 - Earned Release Review Commission
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Corrections
Adult correctional system
Currently, the parole commission in DOC determines whether, and under what conditions, inmates serving indeterminate sentences may be released from imprisonment to parole. A person who is serving a bifurcated sentence is not eligible for parole and generally must serve the entire confinement portion of his or her bifurcated sentence before being released to extended supervision. However, a person who is sentenced to a bifurcated sentence for a Class C to Class I felony may petition the sentencing court to adjust his or her sentence and release the person from prison to extended supervision if he or she has served 85 percent (for Class C to Class E felonies) or 75 percent (for Class F to Class I felonies) of the confinement in prison portion of the sentence. Under current law, a person who is released to extended supervision must serve his or her entire sentence before extended supervision terminates.
Under this bill, the parole commission is renamed the earned release review commission. In addition to its duties under current law, the earned release review commission may release to extended supervision a prisoner who was sentenced to a bifurcated sentence for a Class F to Class I felony if the prisoner has served 75 percent of the confinement in prison portion of the sentence and may terminate the extended supervision of a prisoner who was sentenced to a bifurcated sentence for a Class F to Class I felony if the prisoner has served 75 percent of the extended supervision portion of the sentence. A prisoner who is serving a bifurcated sentence for a Class C to a Class E felony must petition the sentencing court for any sentence adjustment.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 15.01 (2) of the statutes is amended to read:
15.01 (2) "Commission" means a 3-member governing body in charge of a department or independent agency or of a division or other subunit within a department, except for the Wisconsin waterways commission which shall consist of 5 members and the parole earned release review commission which shall consist of 8 members. A Wisconsin group created for participation in a continuing interstate body, or the interstate body itself, shall be known as a "commission", but is not a commission for purposes of s. 15.06. The parole earned release review commission created under s. 15.145 (1) shall be known as a "commission", but is not a commission for purposes of s. 15.06. The sentencing commission created under s. 15.105 (27) shall be known as a "commission" but is not a commission for purposes of s. 15.06 (1) to (4m), (7), and (9).
****NOTE: This is reconciled s. 15.01 (2). This SECTION has been affected by drafts with the following LRB numbers: LRB-1403 and LRB-1416
SECTION 2. 15.06 (6) of the statutes is amended to read:
15.06 (6) QUORUM. A majority of the membership of a commission constitutes a quorum to do business, except that vacancies shall not prevent a commission from doing business. This subsection does not apply to the parole earned release review commission.
SECTION 3. 15.145 (1) of the statutes is amended to read:
15.145 (1) PAROLE EARNED RELEASE REVIEW COMMISSION. There is created in the department of corrections a parole an earned release review commission consisting of 8 members. Members shall have knowledge of or experience in corrections or criminal justice. The members shall include a chairperson who is nominated by the governor, and with the advice and consent of the senate appointed, for a 2-year term expiring March 1 of the odd-numbered years, subject to removal under s. 17.07 (3m), and the remaining members in the classified service appointed by the chairperson.
SECTION 4. 17.07 (3m) of the statutes is amended to read:
17.07 (3m) Notwithstanding sub. (3), the parole earned release review commission chairperson may be removed by the governor, at pleasure.
SECTION 5. 20.410 (2) (title) of the statutes is amended to read:
20.410 (2) (title) PAROLE EARNED RELEASE REVIEW COMMISSION. (a) General program operations.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 6. 20.410 (2) (a) of the statutes is amended to read:
20.410 (2) (a) General program operations. The amounts in the schedule for the general program operations of the parole earned release review commission.
SECTION 7. 20.923 (4) (b) 6. of the statutes is amended to read:
20.923 (4) (b) 6. Parole Earned release review commission: chairperson.
SECTION 8. 230.08 (2) (pd) of the statutes is amended to read:
230.08 (2) (pd) The chairperson of the parole earned release review commission.
SECTION 9. 301.03 (3) of the statutes is amended to read:
301.03 (3) Administer parole, extended supervision and probation matters, except that the decision to grant or deny parole or to grant or terminate extended supervision under s. 304.06 (1) (b) to inmates shall be made by the parole earned release review commission and the decision to revoke probation, extended supervision or parole in cases in which there is no waiver of the right to a hearing shall be made by the division of hearings and appeals in the department of administration. The secretary may grant special action parole releases under s. 304.02. The department shall promulgate rules establishing a drug testing program for probationers, parolees and persons placed on extended supervision. The rules shall provide for assessment of fees upon probationers, parolees and persons placed on extended supervision to partially offset the costs of the program.
SECTION 10. 301.0465 (3) (a) 4. of the statutes is amended to read:
301.0465 (3) (a) 4. He or she is serving an indeterminate sentence and the parole earned release review commission has authorized his or her release on parole within the next 6 months.
SECTION 11. 301.048 (2) (am) 3. of the statutes is amended to read:
301.048 (2) (am) 3. The parole earned release review commission grants him or her parole under s. 304.06 and requires his or her participation in the program as a condition of parole under s. 304.06 (1x).
SECTION 12. 301.21 (1m) (c) of the statutes is amended to read:
301.21 (1m) (c) Any hearing to consider parole or whether to grant or terminate extended supervision, if the prisoner is sentenced under s. 973.01 for a Class F to a Class I felony to which an inmate confined under this contract may be entitled by the laws of Wisconsin will be conducted by the Wisconsin parole earned release review commission under rules of the department.
SECTION 13. 301.21 (2m) (c) of the statutes is amended to read:
301.21 (2m) (c) Any hearing to consider parole or whether to grant or terminate extended supervision, if the prisoner is sentenced under s. 973.01 for a Class F to a Class I felony, to which a prisoner confined under a contract under this subsection may be entitled by the laws of Wisconsin shall be conducted by the Wisconsin parole earned release review commission under rules of the department.
SECTION 14. 302.045 (3) of the statutes is amended to read:
302.045 (3) PAROLE ELIGIBILITY. Except as provided in sub. (4), if the department determines that an inmate serving a sentence other than one imposed under s. 973.01 has successfully completed the challenge incarceration program, the parole earned release review commission shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served. When the parole earned release review commission grants parole under this subsection, it must require the parolee to participate in an intensive supervision program for drug abusers as a condition of parole.
SECTION 15. 302.05 (3) (b) of the statutes is amended to read:
302.05 (3) (b) Except as provided in par. (d), if the department determines that an eligible inmate serving a sentence other than one imposed under s. 973.01 has successfully completed a treatment program described in sub. (1), the parole earned release review commission shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served. If the parole earned release review commission grants parole under this paragraph, it shall require the parolee to participate in an intensive supervision program for drug abusers as a condition of parole.
SECTION 16. 302.11 (1g) (b) (intro.) of the statutes is amended to read:
302.11 (1g) (b) (intro.) Before an incarcerated inmate with a presumptive mandatory release date reaches the presumptive mandatory release date specified under par. (am), the parole earned release review commission shall proceed under s. 304.06 (1) to consider whether to deny presumptive mandatory release to the inmate. If the parole earned release review commission does not deny presumptive mandatory release, the inmate shall be released on parole. The parole earned release review commission may deny presumptive mandatory release to an inmate only on one or more of the following grounds:
SECTION 17. 302.11 (1g) (b) 2. of the statutes is amended to read:
302.11 (1g) (b) 2. Refusal by the inmate to participate in counseling or treatment that the social service and clinical staff of the institution determines is necessary for the inmate, including pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen if the inmate is a serious child sex offender as defined in s. 304.06 (1q) (a). The parole earned release review commission may not deny presumptive mandatory release to an inmate because of the inmate's refusal to participate in a rehabilitation program under s. 301.047.
SECTION 18. 302.11 (1g) (c) of the statutes is amended to read:
302.11 (1g) (c) If the parole earned release review commission denies presumptive mandatory release to an inmate under par. (b), the parole earned release review commission shall schedule regular reviews of the inmate's case to consider whether to parole the inmate under s. 304.06 (1).
SECTION 19. 302.11 (1g) (d) of the statutes is amended to read:
302.11 (1g) (d) An inmate may seek review of a decision by the parole earned release review commission relating to the denial of presumptive mandatory release only by the common law writ of certiorari.
SECTION 20. 302.11 (1m) of the statutes is amended to read:
302.11 (1m) An inmate serving a life term is not entitled to mandatory release. Except as provided in ss. 939.62 (2m) (c) and 973.014, the parole earned release review commission may parole the inmate as specified in s. 304.06 (1).
