SB40: Bill Text

SB40, s. 3188 Section 3188. 304.06 (1) (b) of the statutes is amended to read:

SB40,1437,16 304.06 (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.

SB40, s. 3189 Section 3189. 304.06 (1) (bn) of the statutes is created to read:

SB40,1437,20 304.06 (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:

SB40,1437,23 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.

SB40,1438,3 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.

SB40,1438,5 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.

SB40,1438,6 4. Sentence adjustment is otherwise in the interests of justice.

SB40, s. 3190 Section 3190. 304.06 (1) (br) of the statutes is created to read:

SB40,1438,10 304.06 (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:

SB40,1438,14 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.

SB40,1438,18 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.

SB40,1439,2 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.

SB40,1439,11 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.

SB40, s. 3191 Section 3191. 304.06 (1) (bu) of the statutes is created to read:

SB40,1439,15 304.06 (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.

SB40, s. 3192 Section 3192. 304.06 (1) (c) (intro.) of the statutes is amended to read:

SB40,1439,20 304.06 (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):

SB40, s. 3193 Section 3193. 304.06 (1) (d) 1. of the statutes is amended to read:

SB40,1440,8 304.06 (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.

SB40, s. 3194 Section 3194. 304.06 (1) (e) of the statutes is amended to read:

SB40,1440,16 304.06 (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.

SB40, s. 3195 Section 3195. 304.06 (1) (eg) of the statutes is amended to read:

SB40,1440,21 304.06 (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.

SB40, s. 3196 Section 3196. 304.06 (1) (em) of the statutes is amended to read:

SB40,1441,3 304.06 (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.

SB40, s. 3197 Section 3197. 304.06 (1) (f) of the statutes is amended to read:

SB40,1441,21 304.06 (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.

SB40, s. 3198 Section 3198. 304.06 (1) (g) of the statutes is amended to read:

SB40,1442,4 304.06 (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.

SB40, s. 3199 Section 3199. 304.06 (1m) (intro.) of the statutes is amended to read:

SB40,1442,8 304.06 (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:

SB40, s. 3200 Section 3200. 304.06 (1q) (b) of the statutes is amended to read:

SB40,1442,15 304.06 (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.

SB40, s. 3201 Section 3201. 304.06 (1q) (c) of the statutes is amended to read:

SB40,1442,22 304.06 (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.

SB40, s. 3202 Section 3202. 304.06 (1x) of the statutes is amended to read:

SB40,1443,2 304.06 (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).

SB40, s. 3203 Section 3203. 304.06 (2m) (d) of the statutes is amended to read:

SB40,1443,6 304.06 (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:

SB40,1443,10 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.

SB40,1443,14 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.

SB40, s. 3204 Section 3204. 304.071 (1) of the statutes is amended to read:

SB40,1444,7 304.071 (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.

SB40, s. 3205 Section 3205. 341.135 of the statutes is repealed.

SB40, s. 3206 Section 3206. 341.25 (1) (a) of the statutes is amended to read:

SB40,1444,12 341.25 (1) (a) For each automobile, a fee of $55 $75, except that an automobile registered in this state prior to September 1, 1947, at a fee of less than $18 shall be registered at such lesser fee plus an additional fee of $2.

SB40, s. 3207 Section 3207. 341.25 (2) (a) of the statutes is amended to read:

SB40,1444,14 341.25 (2) (a) Not more than 4,500$ 48.50 75.00

SB40, s. 3208 Section 3208. 341.25 (2) (b) of the statutes is amended to read:

SB40,1444,16 341.25 (2) (b) Not more than 6,00061.50 84.00

SB40, s. 3209 Section 3209. 341.25 (2) (c) of the statutes is amended to read:

SB40,1444,18 341.25 (2) (c) Not more than 8,00077.50 106.00

SB40, s. 3210 Section 3210. 341.51 (4) (an) of the statutes is amended to read:

SB40,1444,25 341.51 (4) (an) If the applicant is an individual who does not have a social security number, a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families. A registration that is issued under this section in reliance on a statement submitted under this paragraph is invalid if the statement is false.

SB40, s. 3211 Section 3211. 341.51 (4g) (b) of the statutes is amended to read:

SB40,1445,6 341.51 (4g) (b) The department of transportation may not disclose any information obtained under sub. (4) (am) or (ar) to any person except to the department of workforce development children and families for the sole purpose of administering s. 49.22 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

SB40, s. 3212 Section 3212. 341.51 (4m) (a) of the statutes is amended to read:

SB40,1445,16 341.51 (4m) (a) A registration shall be denied, restricted, limited or suspended if the applicant or licensee is an individual who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, or who fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857.

SB40, s. 3213 Section 3213. 342.06 (1) (eg) of the statutes is amended to read:

SB40,1445,23 342.06 (1) (eg) Except as provided in par. (eh), if the applicant is an individual, the social security number of the applicant. The department of transportation may not disclose a social security number obtained under this paragraph to any person except to the department of workforce development children and families for the sole purpose of administering s. 49.22 and to the department of revenue for the purposes of administering state taxes and collecting debt.

SB40, s. 3214 Section 3214. 342.06 (1) (eh) of the statutes is amended to read:

SB40,1446,6 342.06 (1) (eh) If the applicant does not have a social security number, a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families. A certificate of title that is issued in reliance on a statement submitted under this paragraph is invalid if the statement is false.

SB40, s. 3215 Section 3215. 342.12 (4) (a) and (b) of the statutes are amended to read:

SB40,1446,17 342.12 (4) (a) The district attorney shall notify the department when he or she files a criminal complaint against a person who has been arrested for violating s. 346.63 (1) or (2), 940.09 (1) or 940.25 and who has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1). Except as provided under par. (c), if the department has previously issued a valid certificate of title for the motor vehicle owned by the person and involved in the violation, the department may not issue a certificate of title transferring ownership of the motor this vehicle owned by the person and involved in the violation upon receipt of a notice under this subsection until the court assigned to hear the criminal complaint issues an order permitting the department to issue a certificate of title.

SB40,1447,2 (b) Except as provided under par. (c), if the department has previously issued a valid certificate of title for the motor vehicle owned by the person and involved in the violation, the department may not issue a certificate of title transferring ownership of the motor this vehicle owned by a person and involved in the violation upon receipt of a notice of intent to revoke the person's operating privilege under s. 343.305 (9) (a), if the person has 3 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), until the court assigned to the hearing under s. 343.305 (9) issues an order permitting the department to issue a certificate of title.

SB40, s. 3216 Section 3216. 342.14 (1r) of the statutes is amended to read:

SB40,1447,7 342.14 (1r) Upon filing an application under sub. (1) or (3), an environmental impact fee of $9, by the person filing the application. All moneys collected under this subsection shall be credited to the environmental fund for environmental management. This subsection does not apply after December 31, 2007.

SB40, s. 3217 Section 3217. 342.14 (3m) of the statutes is amended to read:

SB40,1447,13 342.14 (3m) Upon filing an application under sub. (1) or (3), a supplemental title fee of $7.50 $9.50 by the owner of the vehicle, except that this fee shall be waived with respect to an application under sub. (3) for transfer of a decedent's interest in a vehicle to his or her surviving spouse. The fee specified under this subsection is in addition to any other fee specified in this section.

SB40, s. 3218 Section 3218. 343.01 (2) (bc) of the statutes is created to read:

SB40,1447,18 343.01 (2) (bc) "Home jurisdiction" means another jurisdiction that has most recently issued an operator's license to a person or, if the person has not been issued an operator's license by another jurisdiction, another jurisdiction where the person resides.

SB40, s. 3219 Section 3219. 343.01 (2) (bm) of the statutes is created to read:

SB40,1447,21 343.01 (2) (bm) "Member jurisdiction" means another jurisdiction that has entered into the driver license agreement, as described in s. 343.02 (3) (a).

SB40, s. 3220 Section 3220. 343.01 (2) (d) of the statutes is amended to read:

SB40,1447,24 343.01 (2) (d) "Photograph" means an unretouched image recorded by a camera and reproduced on a photosensitive surface, or a digitized digital image.

SB40, s. 3221 Section 3221. 343.02 (3) of the statutes is created to read:

SB40,1448,7 343.02 (3) (a) To promote the efficient administration and enforcement of the provisions of this chapter, this state, through the department, shall join the agreement facilitated by the American Association of Motor Vehicle Administrators that, as of the effective date of this paragraph .... [revisor inserts date], is known as the "Driver License Agreement" that establishes standards among participating jurisdictions for the treatment and exchange of driver licensing and conviction information and other data pertinent to the licensing process.

SB40,1448,16 (b) The department shall promulgate rules as the secretary considers necessary to effectuate the purposes of the driver license agreement and shall promulgate rules, timed to become effective with the effective date of the state's joinder in the driver license agreement, that identify all violations of, and administrative actions under, the laws of this state and describe by type or category all equivalent violations of, and administrative actions under, the laws of other jurisdictions that, under the driver license agreement, are required to be recognized as violations or authorized administrative actions among all jurisdictions that are parties to the driver license agreement.

SB40,1448,20 (c) The department shall provide for publication of notice of the state's joinder in the driver license agreement, including the effective date of such joinder, by notice published by the revisor of statutes in the Wisconsin Administrative Register under s. 35.93 (4).

SB40, s. 3222 Section 3222. 343.027 of the statutes, as affected by 2005 Wisconsin Acts 25 and 59, is repealed and recreated to read:

SB40,1449,4 343.027 Confidentiality of signatures. Any signature collected under this chapter may be maintained by the department and shall be kept confidential, except that the department shall release a signature or a facsimile of a signature to the department of revenue for the purposes of administering state taxes and collecting debt, to the person to whom the signature relates, to a court, district attorney, county corporation counsel, city, village, or town attorney, law enforcement agency, or to the driver licensing agency of another jurisdiction.

SB40, s. 3223 Section 3223. 343.03 (3) (intro.) of the statutes is amended to read:

SB40,1449,10 343.03 (3) License variants. (intro.) Except for restricted licenses under s. 343.08 or temporary licenses under s. 343.10, 343.11 (1) or (3), 343.16 (6) (b), or 343.305 (8) (a), each operator's license issued by the department shall be in one of the following categories with a descriptive legend displayed on the top front side of the license document:

SB40, s. 3224 Section 3224. 343.03 (3m) of the statutes is created to read:

SB40,1449,17 343.03 (3m) Noncitizen temporary license. If the issuance of any license described under sub. (3) requires the license applicant to present any documentary proof specified in s. 343.14 (2) (es) 4. to 7., the license shall display on the front side of the license, in addition to any legend or label described in sub. (3), a legend identifying the license as temporary. This noncitizen temporary license may not be renewed except as provided in s. 343.165 (4) (c).

SB40, s. 3225 Section 3225. 343.03 (5) (a) of the statutes is amended to read:

SB40,1450,3 343.03 (5) (a) Before issuing or renewing any license under this chapter, the department shall obtain driver record information from the national driver registry and commercial driver license information system to determine whether the applicant holds a commercial driver license, or a license that is revoked, suspended or canceled, or is otherwise disqualified. If the applicant is currently licensed in another state jurisdiction, the department shall obtain information on the applicant's license status with the state jurisdiction of licensure before issuing a license, including requesting transfer to the department of the applicant's driver record information from the other jurisdiction if that jurisdiction is a member jurisdiction.

SB40, s. 3226 Section 3226. 343.03 (6) (a) of the statutes is amended to read: