2009 Wisconsin Act 28

28,2729r Section 2729r. 302.113 (9g) (b) (intro.) of the statutes is renumbered 302.1135 (2) (intro.) and amended to read:

302.1135 (2) (intro.) An inmate who is serving a bifurcated sentence for a crime other than a Class B felony imposed under s. 973.01 or, notwithstanding s. 973.014 (1g) (a) or (2), an inmate who is serving a life sentence imposed under s. 973.014 may seek modification of the bifurcated sentence in the manner specified in par. (f) sub. (6) if he or she meets one of the following criteria:

28,2729t Section 2729t. 302.113 (9g) (b) 1. of the statutes is renumbered 302.1135 (2) (a) and amended to read:

302.1135 (2) (a) The inmate is 65 years of age or older and has served at least 5 years of the term of confinement in prison portion of the bifurcated sentence for a sentence imposed under s. 973.01 or has served at least 5 years in prison for a life sentence imposed under s. 973.014.

28,2729v Section 2729v. 302.113 (9g) (b) 2. of the statutes is renumbered 302.1135 (2) (b) and amended to read:

302.1135 (2) (b) The inmate is 60 years of age or older and has served at least 10 years of the term of confinement in prison portion of the bifurcated sentence for a sentence imposed under s. 973.01 or has served at least 10 years in prison for a life sentence imposed under s. 973.014.

28,2729x Section 2729x. 302.113 (9g) (b) 3. of the statutes is renumbered 302.1135 (2) (c) and amended to read:

302.1135 (2) (c) The inmate has a terminal an extraordinary health condition.

28,2729y Section 2729y. 302.113 (9g) (c) of the statutes is renumbered 302.1135 (3) and amended to read:

302.1135 (3) An inmate who meets the criteria under par. (b) sub. (2) may submit a petition to the program review committee at the correctional institution in which the inmate is confined commission requesting a modification of the inmate's bifurcated sentence in the manner specified in par. (f) sub. (6). If the inmate alleges in the petition that he or she has a terminal an extraordinary health condition, the inmate shall attach to the petition affidavits from 2 physicians setting forth a diagnosis that the inmate has a terminal an extraordinary health condition.

28,2730 Section 2730. 302.113 (9g) (cm) of the statutes is repealed.

28,2731 Section 2731. 302.113 (9g) (d) of the statutes is renumbered 302.1135 (4) and amended to read:

302.1135 (4) When a court is notified by the department that it is referring to the court the commission receives under sub. (3) an inmate's petition for modification of the inmate's bifurcated sentence, the court commission shall set a hearing to determine whether the public interest would be served by a modification of the inmate's bifurcated sentence in the manner specified in par. (f) sub. (6). The inmate and the district attorney have the right to be present at the hearing, and any victim of the inmate's crime has the right to be present at the hearing and to provide a statement concerning the modification of the inmate's bifurcated sentence. The court commission shall order such notice of the hearing date as it considers adequate to be given to the department, the inmate, the attorney representing the inmate, if applicable, and the district attorney. Victim notification shall be provided as specified under par. (g) sub. (7).

28,2732 Section 2732. 302.113 (9g) (e) of the statutes is renumbered 302.1135 (5) and amended to read:

302.1135 (5) At a hearing scheduled under par. (d) sub. (4), the inmate has the burden of proving by the greater weight of the credible evidence that a modification of the bifurcated sentence in the manner specified in par. (f) sub. (6) would serve the public interest. If the inmate proves that a modification of the bifurcated sentence in the manner specified in par. (f) sub. (6) would serve the public interest, the court commission shall modify the inmate's bifurcated sentence in that manner. If the inmate does not prove that a modification of the bifurcated sentence in the manner specified in par. (f) sub. (6) would serve the public interest, the court commission shall deny the inmate's petition for modification of the bifurcated sentence.

28,2733c Section 2733c. 302.113 (9g) (f) (intro.) of the statutes is renumbered 302.1135 (6) (intro.) and amended to read:

302.1135 (6) (intro.) A court The commission may modify an inmate's bifurcated sentence under this section only as follows:

28,2733e Section 2733e. 302.113 (9g) (f) 1. and 2. of the statutes are renumbered 302.1135 (6) (a) 1. and 2. and amended to read:

302.1135 (6) (a) 1. The court shall reduce Reduce the term of confinement in prison portion of the inmate's bifurcated sentence in a manner that provides for the release of the inmate to extended supervision within 30 days after the date on which the court issues its order modifying commission modifies the bifurcated sentence.

2. The court shall lengthen Lengthen the term of extended supervision imposed so that the total length of the bifurcated sentence originally imposed does not change.

28,2733h Section 2733h. 302.113 (9g) (g) 1. of the statutes is renumbered 302.1135 (7) (a) and amended to read:

302.1135 (7) (a) In this paragraph subsection, "victim" has the meaning given in s. 950.02 (4).

28,2734b Section 2734b. 302.113 (9g) (g) 2. and 3. of the statutes are renumbered 302.1135 (7) (b) and (c) and amended to read:

302.1135 (7) (b) When a court the commission sets a hearing date under par. (d) sub. (4), the clerk of the circuit court commission shall send a notice of hearing to the victim of the crime committed by the inmate, if the victim has submitted a card under subd. 3. par. (c) requesting notification. The notice shall inform the victim that he or she may appear at the hearing scheduled under par. (d) sub. (4) and shall inform the victim of the manner in which he or she may provide a statement concerning the modification of the inmate's bifurcated sentence in the manner provided in par. (f) sub. (6). The clerk of the circuit court commission shall make a reasonable attempt to send the notice of hearing to the last-known address of the inmate's victim, postmarked at least 10 days before the date of the hearing.

(c) The director of state courts commission shall design and prepare cards for a victim to send to the clerk of the circuit court for the county in which the inmate was convicted and sentenced commission. The cards shall have space for a victim to provide his or her name and address, the name of the applicable inmate, and any other information that the director of state courts commission determines is necessary. The director of state courts commission shall provide the cards, without charge, to clerks of circuit court. Clerks of circuit court district attorneys. District attorneys shall provide the cards, without charge, to victims. Victims may send completed cards to the clerk of the circuit court for the county in which the inmate was convicted and sentenced commission. All court commission records or portions of records that relate to mailing addresses of victims are not subject to inspection or copying under s. 19.35 (1). Before any written statement of a victim is made a part of the documentary record considered in connection with a hearing under this section, the commission shall obliterate from the statement all references to the mailing addresses of the victim. A victim who attends an interview or hearing under this section may not be required to disclose at the interview or hearing his or her mailing addresses.

28,2736 Section 2736. 302.113 (9g) (h) of the statutes is renumbered 302.1135 (8) and amended to read:

302.1135 (8) An inmate may appeal a court's decision to deny the inmate's petition for modification of his or her bifurcated sentence seek review of a decision under sub. (5) to deny the inmate's petition for modification of the inmate's sentence only by the common law writ of certiorari. The state may appeal a court's decision under sub. (5) to grant an inmate's petition for a modification of the inmate's bifurcated sentence. In an appeal under this paragraph subsection, the appellate reviewing court may reverse a decision granting or denying a petition for modification of a bifurcated sentence only if it determines that the sentencing court commission erroneously exercised its discretion in granting or denying the petition.

28,2737 Section 2737. 302.113 (9g) (i) of the statutes is renumbered 302.1135 (9) and amended to read:

302.1135 (9) If the program review committee commission denies an inmate's petition under par. (cm) sub. (5), the inmate may not file another petition within one year after the date of the program review committee's denial. If the program review committee approves an inmate's petition for referral to the sentencing court under par. (cm) but the sentencing court denies the petition, the inmate may not file another petition under par. (cm) within one year after the date of the court's decision.

28,2738 Section 2738. 302.113 (9g) (j) of the statutes is renumbered 302.1135 (10) and amended to read:

302.1135 (10) An inmate eligible to seek modification of his or her bifurcated sentence under this subsection section has a right to be represented by counsel in proceedings under this subsection section. An inmate, or the department on the inmate's behalf, may apply to the state public defender for determination of indigency and appointment of counsel under s. 977.05 (4) (jm) before or after the filing of a petition with the program review committee commission under par. (c). If an inmate whose petition has been referred to the court under par. (cm) is without counsel, the court shall refer the matter to the state public defender for determination of indigency and appointment of counsel under s. 977.05 (4) (jm) sub. (3).

28,2739 Section 2739. 302.113 (9h) of the statutes is created to read:

302.113 (9h) (a) The department may release to extended supervision certain persons serving the confinement portion of a bifurcated sentence using the sentence modification procedure described in this subsection.

(b) The department shall promulgate rules for the determination of whether a bifurcated sentence should be modified under this subsection.

(c) A person who is serving the confinement portion of a bifurcated sentence is eligible for sentence modification under this subsection if all of the following conditions are met:

1. The person is serving the confinement portion of a bifurcated sentence for 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.

2. The prison social worker or extended supervision agent of record has reason to believe that the person will be able to maintain himself or herself while not confined without engaging in assaultive activity.

3. The release to extended supervision date is not more than 12 months before the person's extended supervision eligibility date.

(d) If the conditions under pars. (b) and (c) are met, the department may modify, in the manner specified under par. (e), the sentence of any person by releasing him or her to extended supervision under this subsection, and, if the department releases the person to extended supervision, the department shall:

1. Notify the office of the court that participated in the trial or that accepted the person's plea of guilty or no contest, whichever is applicable.

2. Notify the office of the district attorney that participated in the trial of the person or that prepared for proceedings under s. 971.08 regarding the person's plea of guilty or no contest, whichever is applicable.

(e) The department may modify a person's bifurcated sentence under this subsection only as follows:

1. The department shall reduce the term of confinement in prison portion of the person's bifurcated sentence in a manner that provides for the release of the person to extended supervision within 30 days after the date on which the department modifies the bifurcated sentence.

2. The department shall lengthen the term of extended supervision imposed so that the total length of the bifurcated sentence originally imposed does not change.

(em) 1. When a person is within 90 days of release to extended supervision under par. (e), the department shall notify the sentencing court that it intends to modify the person's sentence and release the person to extended supervision under par. (e), 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. (e).

2. a. If the sentencing court opts to conduct a review, it shall hold the hearing and issue an order relating to the person'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 person'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 person. The court may accept the department's modification of the person's sentence, reject the department's modification of the person's sentence, or order the person to remain in prison for a period that does not exceed the time remaining on the person's term of confinement.

(f) This subsection does not apply to any of the following:

1. 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.

28,2739d Section 2739d. 302.1135 (title) of the statutes is created to read:

302.1135 (title) Release to extended supervision for extraordinary health circumstances.

28,2739f Section 2739f. 302.1135 (1) (a) of the statutes is created to read:

302.1135 (1) (a) "Commission" means the earned release review commission under s. 15.145.

28,2739h Section 2739h. 302.1135 (6) (a) (intro.) of the statutes is created to read:

302.1135 (6) (a) (intro.) If the inmate was sentenced to a bifurcated sentence under s. 973.01, the commission shall do all of the following:

28,2739j Section 2739j. 302.1135 (6) (b) of the statutes is created to read:

302.1135 (6) (b) If the inmate was sentenced to life imprisonment under s. 973.014, notwithstanding s. 973.014 (1g) (a) or (2), the commission shall release the inmate to extended supervision within 30 days after the date on which the commission modifies the sentence and shall impose the term of extended supervision so that the total length of the sentence originally imposed does not change.

28,2739p Section 2739p. 302.114 (9) (am) of the statutes is amended to read:

302.114 (9) (am) 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 shall order the person to be returned to prison for a specified period of time before he or she is eligible for being released again to extended supervision. The period of time specified under this paragraph may not be less than 5 years and may be extended in accordance with sub. (3).

28,2740 Section 2740. 302.114 (9) (c) of the statutes is amended to read:

302.114 (9) (c) A person who is subsequently released to extended supervision under par. (bm) is subject to all conditions and rules under sub. (8) until the expiration of the sentence or until the department discharges the person under s. 973.01 (4m), whichever is appropriate.

28,2740b Section 2740b. 302.388 (1) (a) of the statutes is amended to read:

302.388 (1) (a) "Health care provider" has the meaning given in s. 146.81 (1) (a) to (p).

28,2740c Section 2740c. 302.425 (2) of the statutes is amended to read:

302.425 (2) Sheriff's or superintendent's general authority. Subject to the limitations under sub. (3), a county sheriff or a superintendent of a house of correction may place in the home detention program any person confined in jail who has been arrested for, charged with, convicted of or sentenced for a crime. The sheriff or superintendent may transfer any prisoner in the home detention program to the jail.

28,2740g Section 2740g. 302.425 (3) of the statutes is amended to read:

302.425 (3) Placement of a prisoner in the program. If a prisoner described under sub. (2) and the department agree, the The sheriff or superintendent may, if he or she determines that the home detention program is appropriate for a prisoner, place the prisoner in the home detention program and provide that the prisoner be detained at the prisoner's place of residence or other place designated by the sheriff or superintendent and be monitored by an active electronic monitoring system. The sheriff or superintendent shall establish reasonable terms of detention and ensure that the prisoner is provided a written statement of those terms, including a description of the detention monitoring procedures and requirements and of any applicable liability issues. The terms may include a requirement that the prisoner pay the county a daily fee to cover the county costs associated with monitoring him or her. The county may obtain payment under this subsection or s. 302.372, but may not collect for the same expenses twice.

28,2740n Section 2740n. 302.425 (7) of the statutes is renumbered 302.425 (7) (intro.) and amended to read:

302.425 (7) Court-ordered detention Exceptions. (intro.) This section does not apply to persons sentenced under s. 973.04.:

28,2740r Section 2740r. 302.425 (7) (a) of the statutes is created to read:

302.425 (7) (a) A person sentenced under s. 973.04.

28,2740w Section 2740w. 302.425 (7) (b) of the statutes is created to read:

302.425 (7) (b) A person in jail pending the disposition of his or her parole, extended supervision, or probation revocation proceedings.

28,2740y Section 2740y. 302.46 (1) (a) of the statutes is amended to read:

302.46 (1) (a) If a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), for a financial responsibility violation under s. 344.62 (2), or for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations, violations under s. 343.51 (1m) (b), or safety belt use violations under s. 347.48 (2m), the court, in addition, shall impose a jail surcharge under ch. 814 in an amount of 1 percent of the fine or forfeiture imposed or $10, whichever is greater. If multiple offenses are involved, the court shall determine the jail surcharge on the basis of each fine or forfeiture. If a fine or forfeiture is suspended in whole or in part, the court shall reduce the jail surcharge in proportion to the suspension.

28,2741e Section 2741e. 303.065 (5) (dm) of the statutes is amended to read:

303.065 (5) (dm) Payment for legal representation under s. 977.07 (2) (2m), 977.075 or 977.076;

28,2742 Section 2742. 304.01 (title) of the statutes is amended to read:

304.01 (title) Parole Earned release review commission and commission chairperson; general duties.

28,2743 Section 2743. 304.01 (1) of the statutes is amended to read:

304.01 (1) The chairperson of the parole earned release review commission shall administer and supervise the commission and its activities and shall be the final parole granting authority for granting parole or release to extended supervision, except as provided in s. 304.02.

28,2744 Section 2744. 304.01 (2) (intro.) of the statutes is amended to read:

304.01 (2) (intro.) The parole earned release review commission shall conduct regularly scheduled interviews to consider the parole or release to extended supervision of eligible inmates of the adult correctional institutions under the control of the department of corrections, eligible inmates transferred under ch. 51 and under the control of the department of health services and eligible inmates in any county house of correction. The department of corrections shall provide all of the following to the parole earned release review commission:

28,2745 Section 2745. 304.01 (2) (b) of the statutes is amended to read:

304.01 (2) (b) Scheduling assistance for parole interviews for prisoners who have applied for parole or release to extended supervision at the correctional institutions.