OC7 SB1: Bill Text

SB1,1329,20 301.45 (9) Cooperation. The department of health and family services, the department of workforce development children and families, the department of transportation and all circuit courts shall cooperate with the department of corrections in obtaining information under this section.

SB1, s. 3132 Section 3132. 301.45 (10) of the statutes is amended to read:

SB1,1330,2 301.45 (10) The department may require a person who must register as a sex offender and who is in its custody or on probation, parole, or extended supervision to pay an annual fee to partially offset its costs in monitoring persons on probation, parole, or extended supervision who must register as sex offenders. The department shall establish any such fee by rule, but the fee may not exceed $50 $100.

SB1, s. 3132r Section 3132r. 301.46 (2m) (am) of the statutes is amended to read:

SB1,1330,16 301.46 (2m) (am) If an agency with jurisdiction confines a person under s. 301.046, provides a person entering the intensive sanctions program under s. 301.048 with a sanction other than a placement in a Type 1 prison or a jail, or releases a person from confinement in a state correctional institution or institutional care, and the person has been found to be a sexually violent person under ch. 980 or has, on 2 or more separate occasions, been convicted or found not guilty or not responsible by reason of mental disease or defect for a sex offense or for a violation of a law of this state that is comparable to a sex offense, the agency with jurisdiction shall notify the police chief of any community and the sheriff of any county in which the person will be residing, employed or attending school and through or to which the person will be regularly traveling. Notification under this paragraph shall be in addition to providing access to information under sub. (2) and to any other notification that an agency with jurisdiction is authorized to provide.

SB1, s. 3133 Section 3133. 301.46 (4) (a) 10m. of the statutes is created to read:

SB1,1330,18 301.46 (4) (a) 10m. The department children and families.

SB1, s. 3134m Section 3134m. 301.48 (1) (cm) and (cn) of the statutes are created to read:

SB1,1330,21 301.48 (1) (cm) "Level 1 child sex offense" means a violation of s. 948.02 or 948.025 in which any of the following occurs:

SB1,1330,24 1. The actor has sexual contact or sexual intercourse with an individual who is not a relative of the actor and who has not attained the age of 13 years and causes great bodily harm, as defined in s. 939.22 (14), to the individual.

SB1,1331,2 2. The actor has sexual intercourse with an individual who is not a relative of the actor and who has not attained the age of 12 years.

SB1,1331,4 (cn) "Level 2 child sex offense" means a violation of s. 948.02 or 948.025 in which any of the following occurs:

SB1,1331,7 1. The actor has sexual intercourse, by use or threat of force or violence, with an individual who is not a relative of the actor and who has not attained the age of 16 years.

SB1,1331,10 2. The actor has sexual contact, by use or threat of force or violence, with an individual who has not attained the age of 16 years and who is not a relative of the actor, and the actor is at least 18 years of age when the sexual contact occurs.

SB1, s. 3135a Section 3135a. 301.48 (1) (d) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB1,1331,17 301.48 (1) (d) "Lifetime tracking" means global positioning system tracking that is required for a person for the remainder of the person's life or until terminated under sub. (2m), sub. (6), if applicable, or sub. (7) or (8) (7m). "Lifetime tracking" does not include global positioning system tracking under sub. (2) (c) or (d), regardless of how long it is required.

SB1, s. 3136g Section 3136g. 301.48 (1) (dr) of the statutes is created to read:

SB1,1331,21 301.48 (1) (dr) "Relative" means a son, daughter, brother, sister, first cousin, 2nd cousin, nephew, niece, grandchild, or great grandchild, or any other person related by blood, marriage, or adoption.

SB1, s. 3136m Section 3136m. 301.48 (1) (e) of the statutes, as created by 2005 Wisconsin Act 431, is repealed and recreated to read:

SB1,1331,25 301.48 (1) (e) "Serious child sex offense" means a level 1 child sex offense or a level 2 child sex offense.

SB1, s. 3136r Section 3136r. 301.48 (1) (fm) of the statutes is created to read:

SB1,1332,2 301.48 (1) (fm) "Sexual contact" has the meaning given in s. 948.01 (5).

SB1, s. 3137a Section 3137a. 301.48 (2) (a) (intro.) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB1,1332,7 301.48 (2) (a) (intro.) Except as provided in sub. (2m), the department shall maintain lifetime tracking of a person if any of the following occurs with respect to the person on or after July 1, 2007 January 1, 2008:

SB1, s. 3138g Section 3138g. 301.48 (2) (a) 1. of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB1,1332,11 301.48 (2) (a) 1. A court places the person on probation for committing a serious level 1 child sex offense.

SB1, s. 3138r Section 3138r. 301.48 (2) (a) 1m. of the statutes is created to read:

SB1,1332,15 301.48 (2) (a) 1m. The person is convicted for committing a level 2 child sex offense and the court places the person on probation for committing the level 2 child sex offense.

SB1, s. 3139a Section 3139a. 301.48 (2) (a) 2. of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB1,1332,20 301.48 (2) (a) 2. The department releases the person to extended supervision or parole while the person is serving a sentence for committing a serious level 1 child sex offense.

SB1, s. 3139r Section 3139r. 301.48 (2) (a) 2m. of the statutes is created to read:

SB1,1332,24 301.48 (2) (a) 2m. The person is convicted for committing a level 2 child sex offense and the department releases the person to extended supervision or parole while the person is serving the sentence for committing the level 2 child sex offense.

SB1, s. 3140g Section 3140g. 301.48 (2) (a) 3. of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB1,1333,4 301.48 (2) (a) 3. The department releases the person from prison upon the completion of a sentence imposed for a serious level 1 child sex offense.

SB1, s. 3140r Section 3140r. 301.48 (2) (a) 3m. of the statutes is created to read:

SB1,1333,8 301.48 (2) (a) 3m. The person is convicted for committing a level 2 child sex offense and the department releases the person from prison upon the completion of the sentence imposed for the level 2 child sex offense.

SB1, s. 3141g Section 3141g. 301.48 (2) (a) 6., 7. and 8. of the statutes are created to read:

SB1,1333,12 301.48 (2) (a) 6. The court places a person on lifetime supervision under s. 939.615 for committing a serious child sex offense and the person is released from prison.

SB1,1333,14 7. A police chief or a sheriff receives a notification under s. 301.46 (2m) (am) regarding the person.

SB1,1333,16 8. The department makes a determination under sub. (2g) that global positioning system tracking is appropriate for the person.

SB1, s. 3143m Section 3143m. 301.48 (2) (b) (intro.) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB1,1333,21 301.48 (2) (b) (intro.) The department shall maintain lifetime tracking of a person if any of the following occurs with respect to the person on or after July 1, 2007 January 1, 2008:

SB1, s. 3144m Section 3144m. 301.48 (2) (b) 2. of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB1,1334,3 301.48 (2) (b) 2. A court discharges the person under s. 980.09 or 980.10 (4). This subdivision does not apply if the person was on supervised release immediately before being discharged.

SB1, s. 3145m Section 3145m. 301.48 (2) (c) of the statutes, as created by 2005 Wisconsin Act 431, is repealed.

SB1, s. 3148g Section 3148g. 301.48 (2) (d) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB1,1334,13 301.48 (2) (d) If, on or after July 1, 2007 January 1, 2008, a person is being placed on probation, extended supervision, or parole , or lifetime supervision for committing a sex offense and par. (a), or (b), or (c) does not apply, the department may have the person tracked using a global positioning system tracking device as a condition of the person's probation, extended supervision, or parole, or lifetime supervision.

SB1, s. 3148r Section 3148r. 301.48 (2g) of the statutes is created to read:

SB1,1334,20 301.48 (2g) Department determination. If a person who committed a serious child sex offense, or a person under supervision under the interstate corrections compact for a serious child sex offense, is not subject to lifetime tracking under sub. (2), the department shall assess the person's risk using a standard risk assessment instrument to determine if global positioning system tracking is appropriate for the person.

SB1, s. 3149m Section 3149m. 301.48 (2m) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB1,1335,2 301.48 (2m) Passive positioning system tracking. If a person who is subject to lifetime tracking under sub. (2) (a) 1., 1m., 2., or, 2m., 3., or 3m. completes his or her sentence, including any probation, parole, or extended supervision, the department may decide to use passive positioning system tracking instead of maintaining lifetime tracking.

SB1, s. 3151m Section 3151m. 301.48 (3) (a) 1. of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB1,1335,10 301.48 (3) (a) 1. Use field monitoring equipment that supports cellular communications with as large a coverage area as possible and shall automatically provide instantaneous or nearly instantaneous information regarding the whereabouts of a person who is being monitored, including information regarding the person's presence in an exclusion zone established under par. (c) or absence from an inclusion zone established under par. (c).

SB1, s. 3153m Section 3153m. 301.48 (3) (b) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB1,1335,17 301.48 (3) (b) The department shall contract with a vendor using a competitive process under s. 16.75 to provide staff in this state to install, remove, and maintain equipment related to global positioning system tracking services and passive positioning system tracking services for purposes of this section. The term of the contract may not exceed 3 years.

SB1, s. 3154m Section 3154m. 301.48 (3) (c) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB1,1336,2 301.48 (3) (c) For each person who is subject to global positioning system tracking under this section, the department shall create individualized exclusion and inclusion zones for the person, if necessary to protect public safety. In creating exclusion zones, the department shall focus on areas where children congregate, with perimeters of 100 to 250 feet, and on areas where the person has been prohibited from going as a condition of probation, extended supervision, parole, conditional release, or supervised release, or lifetime supervision. In creating inclusion zones for a person on supervised release, the department shall consider s. 980.08 (7) (9).

SB1, s. 3156m Section 3156m. 301.48 (4) (b) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB1,1336,9 301.48 (4) (b) If required by the department, a person who is subject to global positioning system tracking or passive positioning system tracking shall pay for the cost of tracking up to the amount calculated for the person under par. (a) 2. The department shall collect moneys paid by the person under this paragraph and credit those moneys to the appropriation under s. 20.410 (1) (gk).

SB1, s. 3164m Section 3164m. 301.48 (7m) of the statutes is created to read:

SB1,1336,15 301.48 (7m) Termination if person moves out of state. Notwithstanding sub. (2), if a person who is subject to being tracked under this section moves out of state, the department shall terminate the person's tracking. If the person returns to the state, the department shall reinstate the person's tracking except as provided under sub. (6) or (7).

SB1, s. 3165m Section 3165m. 301.48 (8) of the statutes, as created by 2005 Wisconsin Act 431, is repealed.

SB1, s. 3167 Section 3167. 302.045 (3) of the statutes is amended to read:

SB1,1337,2 302.045 (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.

SB1, s. 3168 Section 3168. 302.05 (1) (c) of the statutes is amended to read:

SB1,1337,8 302.05 (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).

SB1, s. 3169 Section 3169. 302.05 (3) (b) of the statutes is amended to read:

SB1,1337,17 302.05 (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.

SB1, s. 3170 Section 3170. 302.11 (1g) (b) (intro.) of the statutes is amended to read:

SB1,1338,2 302.11 (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:

SB1, s. 3171 Section 3171. 302.11 (1g) (b) 2. of the statutes is amended to read:

SB1,1338,10 302.11 (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.

SB1, s. 3172 Section 3172. 302.11 (1g) (c) of the statutes is amended to read:

SB1,1338,15 302.11 (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).

SB1, s. 3173 Section 3173. 302.11 (1g) (d) of the statutes is amended to read:

SB1,1338,19 302.11 (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.

SB1, s. 3174 Section 3174. 302.11 (1m) of the statutes is amended to read:

SB1,1338,23 302.11 (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).

SB1, s. 3175 Section 3175. 302.11 (7) (c) of the statutes is amended to read:

SB1,1339,3 302.11 (7) (c) The parole earned release review commission may subsequently parole, under s. 304.06 (1), and the department may subsequently parole, under s. 304.02, a parolee who is returned to prison for violation of a condition of parole.

SB1, s. 3176 Section 3176. 302.113 (2) of the statutes is amended to read:

SB1,1339,10 302.113 (2) Except as provided in subs. (3) and (9), an inmate subject to this section is entitled to release to extended supervision after he or she has served the term of confinement in prison portion of the sentence imposed under s. 973.01, as modified by the sentencing court under sub. (9g) or s. 302.045 (3m) (b) 1., 302.05 (3) (c) 2. a., or 973.195 (1r), if applicable, or as adjusted by the earned release review commission under s. 304.06 (1) (b).

SB1, s. 3178 Section 3178. 302.372 (2) (b) of the statutes is amended to read:

SB1,1340,3 302.372 (2) (b) Before seeking any reimbursement under this section, the county shall provide a form to be used for determining the financial status of prisoners. The form shall provide for obtaining the social security number of the prisoner, the age and marital status of a prisoner, the number and ages of children of a prisoner, the number and ages of other dependents of a prisoner, the income of a prisoner, type and value of real estate owned by a prisoner, type and value of personal property owned by a prisoner, the prisoner's cash and financial institution accounts, type and value of the prisoner's investments, pensions and annuities and any other personalty of significant cash value owned by a prisoner. The county shall use the form whenever investigating the financial status of prisoners. The information on a completed form is confidential and not open to public inspection or copying under s. 19.35 (1), except that the county shall provide the name and address of an individual, the name and address of the individual's employer and financial information related to the individual from a form completed under this paragraph in response to a request for information under s. 49.22 (2m) made by the department of workforce development children and families or a county child support agency under s. 59.53 (5).

SB1, s. 3179 Section 3179. 302.38 (3) of the statutes is amended to read:

SB1,1340,12 302.38 (3) The maximum amount that a governmental unit may pay for the costs of medical or hospital care under this section is limited for that care to the amount payable by medical assistance under subch. IV of ch. 49, except s. excluding ss. 49.468 and 49.471 (11), for care for which a medical assistance rate exists. No provider of medical or hospital care may bill a prisoner under sub. (1) for the cost of care exceeding the amount paid under this subsection by the governmental unit. If no medical assistance rate exists for the care provided, there is no limitation under this subsection.

SB1, s. 3180 Section 3180. 302.386 (1) of the statutes is amended to read:

SB1,1340,23 302.386 (1) Except as provided in sub. (5), liability for medical and dental services furnished to residents housed in prisons identified in s. 302.01, in a juvenile correctional facility, or in a secured residential care center for children and youth, or to forensic patients in state institutions for those services that are not provided by employees of the department shall be limited to the amounts payable under ss. 49.43 to 49.47, except s. 49.471, excluding ss. 49.468 and 49.471 (11), for similar services. The department may waive any such limit if it determines that needed services cannot be obtained for the applicable amount. No provider of services may bill the resident or patient for the cost of services exceeding the amount of the liability under this subsection.

SB1, s. 3181 Section 3181. 304.01 (title) of the statutes is amended to read: