SECTION 28. 304.01 (2) (d) of the statutes is amended to read:
304.01 (2) (d) Appropriate physical space at the correctional institutions to conduct the parole interviews for prisoners who have applied for parole or release to extended supervision.
SECTION 29. 304.06 (title) of the statutes is amended to read:
304.06 (title) Paroles Release to parole or extended supervision from state prisons and house of correction; termination of extended supervision.
SECTION 30. 304.06 (1) (b) of the statutes is amended to read:
304.06 (1) (b) Except as provided in s. 961.49 (2), 1999 stats., sub. (1m) or s. 302.045 (3), 302.05 (3) (b), 973.01 (6), or 973.0135, the parole earned release review commission may parole an inmate of the Wisconsin state prisons or any felon or any person serving at least one year or more in a county house of correction or a county reforestation camp organized under s. 303.07, when he or she has served 25% of the sentence imposed for the offense, or 6 months, whichever is greater. The earned release review board may release to extended supervision a person sentenced under s. 973.01 for a Class F to a Class I felony after the person has served at least 75 percent of the term of confinement in prison portion of the sentence, and may terminate extended supervision of a person sentenced under s. 973.01 for a Class F to a Class I felony after the person has completed 75 percent of his or her extended supervision portion of the sentence. Except as provided in s. 939.62 (2m) (c) or 973.014 (1) (b) or (c), (1g) or (2), the parole earned release review commission may parole an inmate serving a life term when he or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject to extension under s. 302.11 (1q) and (2), if applicable. The person serving the life term shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary may grant special action parole releases under s. 304.02. The department or the parole earned release review commission shall not provide any convicted offender or other person sentenced to the department's custody any parole eligibility or evaluation for parole or release to extended supervision until the person has been confined at least 60 days following sentencing.
SECTION 31. 304.06 (1) (bn) of the statutes is created to read:
304.06 (1) (bn) The earned release review commission may consider any of the following as a ground for a petition under par. (b) for sentence reduction by a person who is sentenced under s. 973.01 for a Class F to Class I felony:
1. The inmate's conduct, efforts at and progress in rehabilitation, or participation and progress in education, treatment, or other correctional programs since he or she was sentenced.
2. A change in law or procedure related to sentencing or revocation of extended supervision effective after the inmate was sentenced that would have resulted in a shorter term of confinement in prison or, if the inmate was returned to prison upon revocation of extended supervision, a shorter period of confinement in prison upon revocation, if the change had been applicable when the inmate was sentenced.
3. The inmate is subject to a sentence of confinement in another state or the inmate is in the United States illegally and may be deported.
4. Sentence adjustment is otherwise in the interests of justice.
SECTION 32. 304.06 (1) (br) of the statutes is created to read:
304.06 (1) (br) 1. Except as provided under subd. 2., the earned release review commission may reduce the term of confinement of a person who is sentenced under s. 973.01 for a Class F to Class I felony only as follows:
a. If the inmate is serving the term of confinement in prison portion of the sentence, a reduction in the term of confinement in prison by the amount of time remaining in the term of confinement in prison portion of the sentence, less up to 30 days, and a corresponding increase in the term of extended supervision.
b. If the inmate is confined in prison upon revocation of extended supervision, a reduction in the amount of time remaining in the period of confinement in prison imposed upon revocation, less up to 30 days, and a corresponding increase in the term of extended supervision.
2. a. If the earned release review commission adjusts a sentence under subd. 1. on the basis of a change in law or procedure as provided under par. (bn) 2. and the total sentence length of the adjusted sentence is greater than the maximum sentence length that the offender could have received if the change in law or procedure had been applicable when the inmate was originally sentenced, the earned release review commission may reduce the length of the term of extended supervision so that the total sentence length does not exceed the maximum sentence length that the offender could have received if the change in law or procedure had been applicable when the inmate was originally sentenced.
b. If the earned release review commission adjusts a sentence under subd. 1. on the basis of a change in law or procedure as provided under par. (bn) 2. and the adjusted term of extended supervision is greater than the maximum term of extended supervision that the offender could have received if the change in law or procedure had been applicable when the inmate was originally sentenced, the earned release review commission may reduce the length of the term of extended supervision so that the term of extended supervision does not exceed the maximum term of extended supervision that the offender could have received if the change in law or procedure had been applicable when the inmate was originally sentenced.
SECTION 33. 304.06 (1) (bu) of the statutes is created to read:
304.06 (1) (bu) An inmate who is sentenced under s. 973.01 for a Class F to Class I felony may submit only one petition under this subsection for each sentence imposed under s. 973.01.
SECTION 34. 304.06 (1) (c) (intro.) of the statutes is amended to read:
304.06 (1) (c) (intro.) If an inmate applies for parole, release to extended supervision, or termination of extended supervision under this subsection, the parole earned release review commission shall make a reasonable attempt to notify the following, if they can be found, in accordance with par. (d):
SECTION 35. 304.06 (1) (d) 1. of the statutes is amended to read:
304.06 (1) (d) 1. The notice under par. (c) shall inform the offices and persons under par. (c) 1. to 3. of the manner in which they may provide written statements under this subsection, shall inform persons under par. (c) 3. of the manner in which they may attend interviews or hearings and make statements under par. (eg) and shall inform persons under par. (c) 3. who are victims, or family members of victims, of crimes specified in s. 940.01, 940.03, 940.05, 940.225 (1) or, (2), or (3), 948.02 (1) or (2), 948.025, 948.06 or 948.07 of the manner in which they may have direct input in the parole decision-making process under par. (em) for parole, release to extended supervision, or termination of extended supervision. The parole earned release review commission shall provide notice under this paragraph for an inmate's first application for parole, release to extended supervision, or termination of extended supervision and, upon request, for subsequent applications for parole.
SECTION 36. 304.06 (1) (e) of the statutes is amended to read:
304.06 (1) (e) The parole earned release review commission shall permit any office or person under par. (c) 1. to 3. to provide written statements. The parole earned release review commission shall give consideration to any written statements provided by any such office or person and received on or before the date specified in the notice. This paragraph does not limit the authority of the parole earned release review commission to consider other statements or information that it receives in a timely fashion.
SECTION 37. 304.06 (1) (eg) of the statutes is amended to read:
304.06 (1) (eg) The parole earned release review commission shall permit any person under par. (c) 3. to attend any interview or hearing on the parole application for parole, release to extended supervision, or termination of extended supervision of an applicable inmate and to make a statement at that interview or hearing.
SECTION 38. 304.06 (1) (em) of the statutes is amended to read:
304.06 (1) (em) The parole earned release review commission shall promulgate rules that provide a procedure to allow any person who is a victim, or a family member of a victim, of a crime specified in s. 940.01, 940.03, 940.05, 940.225 (1) or, (2), or (3), 948.02 (1) or (2), 948.025, 948.06 or 948.07 to have direct input in the parole decision-making process for parole, release to extended supervision, or termination of extended supervision.
SECTION 39. 304.06 (1) (f) of the statutes is amended to read:
304.06 (1) (f) The parole earned release review commission shall design and prepare cards for persons specified in par. (c) 3. to send to the commission. The cards shall have space for these persons to provide their names and addresses, the name of the applicable prisoner and any other information the parole earned release review commission determines is necessary. The parole earned release review commission shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to persons specified in par. (c) 3. These persons may send completed cards to the parole earned release review commission. All commission records or portions of records that relate to mailing addresses of these persons are not subject to inspection or copying under s. 19.35 (1). Before any written statement of a person specified in par. (c) 3. is made a part of the documentary record considered in connection with a parole hearing for parole, release to extended supervision, or termination of extended supervision under this section, the parole earned release review commission shall obliterate from the statement all references to the mailing addresses of the person. A person specified in par. (c) 3. who attends an interview or hearing under par. (eg) may not be required to disclose at the interview or hearing his or her mailing addresses.
SECTION 40. 304.06 (1) (g) of the statutes is amended to read:
304.06 (1) (g) Before a person is released on parole or released to extended supervision under this subsection, the parole earned release review commission shall so notify the municipal police department and the county sheriff for the area where the person will be residing. The notification requirement under this paragraph does not apply if a municipal department or county sheriff submits to the parole earned release review commission a written statement waiving the right to be notified. If applicable, the department shall also comply with s. 304.063.
SECTION 41. 304.06 (1m) (intro.) of the statutes is amended to read:
304.06 (1m) (intro.) The parole earned release review commission may waive the 25% or 6-month service of sentence requirement under sub. (1) (b) under any of the following circumstances:
SECTION 42. 304.06 (1q) (b) of the statutes is amended to read:
304.06 (1q) (b) The parole earned release review commission or the department may require as a condition of parole or that a serious child sex offender undergo pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen. This paragraph does not prohibit the department from requiring pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen as a condition of probation.
SECTION 43. 304.06 (1q) (c) of the statutes is amended to read:
304.06 (1q) (c) In deciding whether to grant a serious child sex offender release on parole under this subsection, the parole earned release review commission may not consider, as a factor in making its decision, that the offender is a proper subject for pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen or that the offender is willing to participate in pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen.
SECTION 44. 304.06 (1x) of the statutes is amended to read:
304.06 (1x) The parole earned release review commission may require as a condition of parole that the person is placed in the intensive sanctions program under s. 301.048. In that case, the person is in the legal custody of the department under that section and is subject to revocation of parole under sub. (3).
SECTION 45. 304.06 (2m) (d) of the statutes is amended to read:
304.06 (2m) (d) The parole earned release review commission or the department shall determine a prisoner's county of residence for the purposes of this subsection by doing all of the following:
1. The parole earned release review commission or the department shall consider residence as the voluntary concurrence of physical presence with intent to remain in a place of fixed habitation and shall consider physical presence as prima facie evidence of intent to remain.
2. The parole earned release review commission or the department shall apply the criteria for consideration of residence and physical presence under subd. 1. to the facts that existed on the date that the prisoner committed the serious sex offense that resulted in the sentence the prisoner is serving.
SECTION 46. 304.071 (1) of the statutes is amended to read:
304.071 (1) The parole earned release review commission may at any time grant a parole or release to extended supervision to any prisoner in any penal institution of this state, or the department may at any time suspend the supervision of any person who is on probation or, parole, or extended supervision to the department, if the prisoner or person on probation or, parole, or extended supervision is eligible for induction into the U.S. armed forces. The suspension of parole, extended supervision, or probation shall be for the duration of his or her service in the armed forces; and the parole, extended supervision, or probation shall again become effective upon his or her discharge from the armed forces in accordance with regulations prescribed by the department. If he or she receives an honorable discharge from the armed forces, the governor may discharge him or her and the discharge has the effect of a pardon. Upon the suspension of parole, extended supervision, or probation by the department, the department shall issue an order setting forth the conditions under which the parole, extended supervision, or probation is suspended, including instructions as to where and when and to whom the paroled person on parole or extended supervision shall report upon discharge from the armed forces.
SECTION 47. 950.04 (1v) (f) of the statutes is amended to read:
950.04 (1v) (f) To have the parole earned release review commission make a reasonable attempt to notify the victim of applications for parole, release to extended supervision, or termination of extended supervision, as provided under s. 304.06 (1).
SECTION 48. 973.01 (4) of the statutes is amended to read:
973.01 (4) NO GOOD TIME; EXTENSION OR REDUCTION OF TERM OF IMPRISONMENT. A person sentenced to a bifurcated sentence under sub. (1) shall serve the term of confinement in prison portion of the sentence without reduction for good behavior. The term of confinement in prison portion is subject to extension under s. 302.113 (3) and, if applicable, to reduction under s. 302.045 (3m), 302.05 (3) (c) 2. a., 302.113 (9g), 304.06 (1) (b), or 973.195 (1r).
SECTION 49. 973.01 (7) of the statutes is amended to read:
973.01 (7) NO DISCHARGE. The department of corrections may not discharge a person who is serving a bifurcated sentence from custody, control and supervision until the person has served the entire bifurcated sentence, except as provided in s. 304.06 (1) (b).
SECTION 50. 973.195 (1g) of the statutes is repealed.
SECTION 51. 973.195 (1r) (a) of the statutes is amended to read:
973.195 (1r) (a) An inmate who is serving a sentence imposed under s. 973.01 for a crime other than a Class B Class C to Class E felony may petition the sentencing court to adjust the sentence if the inmate has served at least the applicable percentage 85 percent of the term of confinement in prison portion of the sentence. If an inmate is subject to more than one sentence imposed under this section, the sentences shall be treated individually for purposes of sentence adjustment under this subsection.
SECTION 52. 973.195 (1r) (d) of the statutes is amended to read:
973.195 (1r) (d) If the sentence for which the inmate seeks adjustment is for an offense under s. 940.225 (2) or (3), 948.02 (2), 948.08, or 948.085, and the district attorney does not object to the petition within 10 days of receiving notice under par. (c), the district attorney shall notify the victim, as defined under s. 950.02 (4), of the inmate's petition. The notice to the victim shall include information on the sentence adjustment petition process under this subsection, including information on how to object to the inmate's petition. If the victim objects to adjustment of the inmate's sentence within 45 days of the date on which the district attorney received notice under par. (c), the court shall deny the inmate's petition.
SECTION 53. 974.07 (4) (b) of the statutes is amended to read:
974.07 (4) (b) Notwithstanding the limitation on the disclosure of mailing addresses from completed information cards submitted by victims under ss. 51.37 (10) (dx), 301.046 (4) (d), 301.048 (4m) (d), 301.38 (4), 302.105 (4), 304.06 (1) (f), 304.063 (4), 938.51 (2), 971.17 (6m) (d), and 980.11 (4), the department of corrections, the parole earned release review commission, and the department of health and family services shall, upon request, assist clerks of court in obtaining information regarding the mailing address of victims for the purpose of sending copies of motions and notices of hearings under par. (a).
SECTION 54. 976.03 (23) (c) of the statutes is amended to read:
976.03 (23) (c) The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by 2 certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to a judge, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The prosecuting officer, parole earned release review commission, warden or sheriff may also attach such further affidavits and other documents in duplicate as he, she or it deems proper to be submitted with the application. One copy of the application, with the action of the governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, information and affidavits, or of the judgment of conviction or of the sentence shall be filed in the office of the governor to remain of record in that office. The other copies of all papers shall be forwarded with the governor's requisition.
(End)
LRB-1406LRB-1406/4
MGG:wlj:rs
2007 - 2008 LEGISLATURE
DOA:......Grinde, BB0276 - Stewardship 2000 program reauthorization
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Natural resources
Other natural resources
Current law authorizes the state to incur public debt by issuing bonds for certain conservation activities under the Warren Knowles-Gaylord Nelson Stewardship 2000 Program (stewardship program), which DNR administers.
Current law grants the state the authority to bond for various conservation purposes under the stewardship program. The state is currently authorized to bond under two of the program's subprograms: the land acquisition subprogram and the property development and local assistance subprogram. Purposes for which bonding under the land acquisition subprogram may be used include land acquisition for habitat and natural areas and land acquisition that preserves or enhances the state's water resources. Bonding under the property development and local acquisition subprogram may generally be used only for nature-based outdoor recreation, as defined in rules promulgated by DNR. Under this subprogram, DNR may award grants or state aid to certain local governmental units, including the Kickapoo Reserve Management Board, and nonprofit conservation organizations to acquire lands or development rights for nature-based, outdoor recreation purposes.
Under current law, the annual limits on bonding are set for each fiscal year, ending in fiscal year 2009-10. The total bonding authority for the stewardship program under current law is $572,000,000.
The bill increases the total bonding authority by $1,050,000,000, and extends the stewardship program for another ten years to fiscal year 2019-20 with the annual bonding authority being $105,000,000 for each of the subsequent ten years. The $105,000,000 in annual bonding authority for each fiscal year is divided between the two subprograms, with the annual bonding authority for the land acquisition subprogram and the local assistance and property development subprogram being $79,000,000 and $26,000,000 respectively.
Within the property development and local assistance subprogram, current law imposes an annual limit of $8,000,000 in bonding authority for the local assistance component. The bill raises this limit to $14,000,000.
The bill also establishes a matching grant program under which counties may be awarded 50 percent of their costs to acquire land for nature-based outdoor recreation. "Nature-based outdoor recreation" is defined by DNR rules to include activities such as hunting, fishing, hiking, bicycling, wildlife observation, and camping.
Finally, the bill requires DNR to set aside from the land acquisition program $14,500,000 in each fiscal year, beginning with fiscal year 2010-11, for matching grants that may be awarded only to nonprofit conservation organizations. Under current law and under the bill, these grants must be used to acquire property or property rights for conservation purposes such as urban green space, habitat areas, and bluff protection. Under current law, the amount of the grant may not exceed 50 percent of the acquisition cost. The bill allows the natural resources board to increase this amount up to 75 percent in certain situations.
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. 20.866 (2) (ta) of the statutes is amended to read:
20.866 (2) (ta) Natural resources; Warren Knowles-Gaylord Nelson stewardship 2000 program. From the capital improvement fund a sum sufficient for the Warren Knowles-Gaylord Nelson stewardship 2000 program under s. 23.0917. The state may contract public debt in an amount not to exceed $572,000,000 $1,622,000,000 for this program. Except as provided in s. 23.0917 (4g) (b), (4m) (k), (5) and (5m), the amounts obligated, as defined in s. 23.0917 (1) (e), under this paragraph may not exceed $46,000,000 in fiscal year 2000-01, may not exceed $46,000,000 in fiscal year 2001-02, and may not exceed $60,000,000 in each fiscal year beginning with fiscal year 2002-03 and ending with fiscal year 2009-10, and may not exceed $105,000,000 in each fiscal year beginning with fiscal year 2010-11 and ending with fiscal year 2019-20.
SECTION 2. 23.09 (19) (d) of the statutes is amended to read:
23.09 (19) (d) Grants Except as provided in s. 23.096 (2m), grants under this subsection shall be for up to 50% of the acquisition costs of the land or the rights in land for the urban green space. The governmental unit is responsible for the remainder of the acquisition costs.
SECTION 3. 23.09 (20) (b) of the statutes is amended to read:
23.09 (20) (b) State Except as provided in s. 23.096 (2m), state aid under this subsection is limited to no more than 50% of the acquisition costs and the development costs of recreation lands and other outdoor recreation facilities. Costs associated with operation and maintenance of parks and other outdoor recreational facilities established under this subsection are not eligible for state aid. Administrative costs of acquiring lands or land rights are not included in the acquisition costs eligible for state aid under this subsection. Title to lands or rights in lands acquired by a municipality under this subsection shall vest in the municipality, but such land shall not be converted to uses inconsistent with this subsection without prior approval of the state and proceeds from the sale or other disposal of such lands shall be used to promote the objectives of this subsection.
SECTION 4. 23.09 (20m) (b) of the statutes is amended to read:
23.09 (20m) (b) The department shall establish a program to award grants from the appropriation under s. 20.866 (2) (ta) to governmental units and nonprofit conservation organizations to acquire development rights in land for nature-based outdoor recreation. The Except as provided s. 23.096 (2m), the grants shall be limited to no more than 50% of the acquisition costs of the development rights.
