2009 Wisconsin Act 28

28,2701 Section 2701. 302.045 (2) (d) of the statutes is repealed and recreated to read:

302.045 (2) (d) The department determines, using evidence-based assessment instruments, that one of the following applies:

1. The inmate has a substance abuse treatment need that requires an intensive level of treatment.

2. The inmate has a substance abuse treatment need that does not require an intensive level of treatment but does require education or outpatient services, and the inmate's substance use is not a key factor in his or her criminal behavior.

3. The inmate has one or more treatment needs not related to substance use that is directly related to his or her criminal behavior.

28,2702 Section 2702. 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 appropriate to the parolee's rehabilitation needs as a condition of parole.

28,2702m Section 2702m. 302.045 (3m) (d) of the statutes is created to read:

302.045 (3m) (d) Upon receiving a court order modifying an inmate's bifurcated sentence, the department shall release the inmate within 6 working days, as defined in s. 227.01 (14) and as computed in s. 990.001 (4).

28,2703 Section 2703. 302.05 (title) of the statutes is amended to read:

302.05 (title) Wisconsin substance abuse earned release program.

28,2704 Section 2704. 302.05 (1) (am) (intro.) of the statutes is renumbered 302.05 (1) and amended to read:

302.05 (1) The department of corrections and the department of health services may designate a section of a mental health institute as a correctional treatment facility for the treatment of substance abuse of inmates transferred from Wisconsin state prisons. This section shall be administered by the department of corrections and shall be known as the Wisconsin substance abuse program. The department of corrections and the department of health services shall ensure that the residents at the institution and the residents in the substance abuse program: shall, at any correctional facility the department determines is appropriate, provide a rehabilitation program for inmates for the purposes of the earned release program described in sub. (3).

28,2705 Section 2705. 302.05 (1) (am) 1. of the statutes is repealed.

28,2706 Section 2706. 302.05 (1) (am) 2. of the statutes is repealed.

28,2707 Section 2707. 302.05 (1) (c) of the statutes is repealed.

28,2708 Section 2708. 302.05 (2) of the statutes is amended to read:

302.05 (2) Transfer to a correctional treatment facility for the treatment of substance abuse participation in a program described in sub. (1) shall be considered a transfer under s. 302.18.

28,2709 Section 2709. 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 rehabilitation 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 appropriate to the parolee's rehabilitation needs as a condition of parole.

28,2710 Section 2710. 302.05 (3) (c) 1. of the statutes is amended to read:

302.05 (3) (c) 1. Except as provided in par. (d), if the department determines that an eligible inmate serving the term of confinement in prison portion of a bifurcated sentence imposed under s. 973.01 has successfully completed a treatment rehabilitation program described in sub. (1), the department shall inform the court that sentenced the inmate.

28,2711 Section 2711. 302.05 (3) (c) 2. (intro.) of the statutes is amended to read:

302.05 (3) (c) 2. (intro.) Upon being informed by the department under subd. 1. that an inmate whom the court sentenced under s. 973.01 has successfully completed a treatment rehabilitation program described in sub. (1), the court shall modify the inmate's bifurcated sentence as follows:

28,2711m Section 2711m. 302.05 (3) (c) 3. of the statutes is created to read:

302.05 (3) (c) 3. Upon receiving a court order modifying an inmate's bifurcated sentence, the department shall release the inmate within 6 working days, as defined in s. 227.01 (14) and as computed in s. 990.001 (4).

28,2712 Section 2712. 302.05 (3) (d) of the statutes is amended to read:

302.05 (3) (d) The department may place intensive sanctions program participants in a treatment rehabilitation program described in sub. (1), but pars. (b) and (c) do not apply to those participants.

28,2713 Section 2713. 302.105 (1) (a) of the statutes is amended to read:

302.105 (1) (a) "Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.

28,2714 Section 2714. 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:

28,2715 Section 2715. 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.

28,2716 Section 2716. 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).

28,2717 Section 2717. 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.

28,2718 Section 2718. 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).

28,2719 Section 2719. 302.11 (7) (c) of the statutes is amended to read:

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.

28,2720 Section 2720. 302.113 (1) of the statutes is amended to read:

302.113 (1) An inmate is subject to this section if he or she is serving a bifurcated sentence imposed under s. 973.01. An inmate convicted of a misdemeanor or of a Class F to Class I felony that is not a violent offense, as defined in s. 301.048 (2) (bm) 1., and who is eligible for positive adjustment time under sub. (2) (b) pursuant to s. 973.01 (3d) (b) may be released to extended supervision under sub. (2) (b) or (9h). An inmate convicted of a Class C to Class E felony or a Class F to Class I felony that is a violent offense, as defined in s. 301.048 (2) (bm) 1., or a Class F to Class I felony that is not a violent offense, as defined under s. 301.048 (2) (bm) 1., but who is ineligible for positive adjustment time under sub. (2) (b) pursuant to s. 973.01 (3d) (b) may be released to extended supervision only under sub. (2) (a) or (9h) or s. 304.06.

28,2721 Section 2721. 302.113 (2) of the statutes is renumbered 302.113 (2) (a) and amended to read:

302.113 (2) (a) Except as provided in par. (b) and subs. (3) and (9) and s. 304.06, 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 department under sub. (9h), as modified under s. 302.1135 by the earned release review commission in the manner specified in s. 302.1135 (6) (a), or 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.

28,2722 Section 2722. 302.113 (2) (b) of the statutes is created to read:

302.113 (2) (b) An inmate sentenced under s. 973.01 for a misdemeanor or for a Class F to Class I felony that is not a violent offense, as defined in s. 301.048 (2) (bm) 1., may earn one day of positive adjustment time for every 2 days served that he or she does not violate any regulation of the prison or does not refuse or neglect to perform required or assigned duties. An inmate convicted of a misdemeanor or a Class F to Class I felony that is not a violent offense, as defined in s. 301.048 (2) (bm) 1., shall be released to extended supervision when he or she has served the term of confinement in prison portion of his or her bifurcated sentence, as modified by the sentencing court under s. 302.045 (3m) (b) 1. or 302.05 (3) (c) 2. a., if applicable, less positive adjustment time he or she has earned. This paragraph does not apply to any of the following:

1d. A person sentenced on or after the effective date of this subdivision .... [LRB inserts date].

1m. A person who is the subject of a bulletin issued under s. 301.46 (2m).

2. A person who has, in his or her lifetime, been convicted of or found not guilty by reason of mental disease or defect of a sex offense, as defined in s. 301.45 (1d) (b).

3. A person who has, in his or her lifetime, been found to have committed a sex offense in another jurisdiction, as defined in s. 301.45 (1d) (am).

4. A person who is required to register under s. 301.45.

5. A person who has, in his or her lifetime, been committed under ch. 975.

6. A violent offender, as defined in s. 16.964 (12) (a).

7. A person who is serving, begins to serve, or who has served during his or her current period of confinement, a sentence for a Class F to Class I felony that is a violent offense, as defined in s. 301.048 (2) (bm) 1.

8. A person who is serving, begins to serve, or who has served during his or her current period of confinement, a sentence for a Class C to Class E felony.

9. A person who is ineligible for positive adjustment time under this paragraph pursuant to s. 973.01 (3d) (b).

10. A person who is serving a sentence for an offense against an elderly or vulnerable person, as defined in s. 939.22 (20d).

11. A person who is serving a sentence for an offense related to ethical government, as defined in s. 939.22 (20m).

12. A person who is serving a sentence for an offense related to school safety, as defined in s. 939.22 (20s).

13. A person who is serving a sentence for a felony murder under s. 940.03.

14. A person who is serving a sentence for a violation of s. 940.11 (1).

15. A person who is serving a sentence for a violation of s. 940.235.

16. A person who is serving a sentence for a violation of s. 940.32 (3).

17. A person who is serving a sentence for a violation of s. 941.21.

18. A person who is serving a sentence for a violation of s. 946.465.

28,2722L Section 2722L. 302.113 (2) (c) of the statutes is created to read:

302.113 (2) (c) 1. When an inmate is within 90 days of release to extended supervision under par. (b), the department shall notify the sentencing court that it intends to modify the inmate's sentence and release the inmate to extended supervision under par. (b), and the court may hold a review hearing. If the court does not schedule a review hearing within 30 days after notification under this subsection, the department may proceed under par. (b).

2. a. If the sentencing court opts to conduct a review, it shall hold the hearing and issue an order relating to the inmate's sentence modification and release to extended supervision within 60 days of its notification under subd. 1.

b. At the hearing, the court may consider the inmate's conduct in prison, his or her level of risk of reoffending, based on a verified, objective instrument, and the nature of the offense committed by the inmate. The court may accept the department's determination that the inmate has earned positive adjustment time under par. (b), reject the department's determination that the inmate has earned positive adjustment time under par. (b), or order the inmate to remain in prison for a period that does not exceed the time remaining on the inmate's term of confinement.

28,2723 Section 2723. 302.113 (3) (d) of the statutes is amended to read:

302.113 (3) (d) If the term of confinement in prison portion of a bifurcated sentence for a Class B felony is increased under this subsection, the term of extended supervision is reduced so that the total length of the bifurcated sentence does not change.

28,2724 Section 2724. 302.113 (3) (e) of the statutes is created to read:

302.113 (3) (e) If an inmate is released to extended supervision under sub. (2) (b) after he or she has served less than his or her entire confinement in prison portion of the sentence imposed under s. 973.01, the term of extended supervision is increased so that the total length of the bifurcated sentence does not change.

28,2724h Section 2724h. 302.113 (3m) (a) and (b) of the statutes are created to read:

302.113 (3m) (a) The warden or superintendent shall keep a record of the conduct of each inmate who is returned to prison after revocation of extended supervision, specifying each infraction of the rules. If a person violates any regulation of the prison or refuses or neglects to participate in required programming or treatment, the department may extend the period imposed under sub. (9) by not more than 90 days.

(b) No extension under par. (a) may require a person to serve more days in prison than the total length of the bifurcated sentence imposed on the person under s. 973.01.

28,2725 Section 2725. 302.113 (7) of the statutes is amended to read:

302.113 (7) Any inmate released to extended supervision under this section is subject to all conditions and rules of extended supervision until the expiration of the term of extended supervision portion of the bifurcated sentence or until the department discharges the inmate under s. 973.01 (4m), whichever is appropriate. The department may set conditions of extended supervision in addition to any conditions of extended supervision required under s. 302.116, if applicable, or set by the court under sub. (7m) or s. 973.01 (5) if the conditions set by the department do not conflict with the court's conditions.

28,2726 Section 2726. 302.113 (9) (am) of the statutes is renumbered 302.113 (9) (am) 1. and amended to read:

302.113 (9) (am) 1. If a person released to extended supervision under this section or under s. 302.1135 violates a condition of extended supervision, the reviewing authority may revoke the extended supervision of the person. If the extended supervision of the person is revoked, the person shall be returned to the circuit court for the county in which the person was convicted of the offense for which he or she was on extended supervision, and the court reviewing authority shall order the person to be returned to prison for any specified period of time that does not exceed, except as provided in subd. 2., 6 months or the time remaining on the bifurcated sentence . The, whichever is less.

3. For purposes of subds. 1. and 2., the time remaining on the bifurcated sentence is the total length of the bifurcated sentence, less time served by the person in confinement under the sentence before release to extended supervision under sub. (2) and less all time served in confinement for previous revocations of extended supervision under the sentence.

4. The court order returning a person to prison under this paragraph subd. 1. shall provide the person whose extended supervision was revoked with credit in accordance with ss. 304.072 and 973.155.

28,2726h Section 2726h. 302.113 (9) (am) 2. of the statutes is created to read:

302.113 (9) (am) 2. The reviewing authority shall order the person whose extended supervision is revoked to be returned to prison for a period the department determines is appropriate that is more than 6 months but that does not exceed the time remaining on the bifurcated sentence if any of the following applies:

a. The department determines that the person's conduct that was the violation of the condition of extended supervision leading to the revocation indicates that the person would be a substantial risk to public safety if the period were less than 6 months.

b. The person is a person specified in sub. (2) (b) 1. to 5.

28,2726p Section 2726p. 302.113 (9) (am) 3m. of the statutes is created to read: