Amendment ASA1-AB75

AB75-ASA1, s. 2743 Section 2743. 304.01 (1) of the statutes is amended to read:

AB75-ASA1,1437,18 304.01 (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.

AB75-ASA1, s. 2744 Section 2744. 304.01 (2) (intro.) of the statutes is amended to read:

AB75-ASA1,1438,2 304.01 (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:

AB75-ASA1, s. 2745 Section 2745. 304.01 (2) (b) of the statutes is amended to read:

AB75-ASA1,1438,6 304.01 (2) (b) Scheduling assistance for parole interviews for prisoners who have applied for parole or release to extended supervision at the correctional institutions.

AB75-ASA1, s. 2746 Section 2746. 304.01 (2) (c) of the statutes is amended to read:

AB75-ASA1,1438,9 304.01 (2) (c) Clerical support related to the parole interviews for prisoners who have applied for parole or release to extended supervision.

AB75-ASA1, s. 2747 Section 2747. 304.01 (2) (d) of the statutes is amended to read:

AB75-ASA1,1438,13 304.01 (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.

AB75-ASA1, s. 2748 Section 2748. 304.06 (title) of the statutes is amended to read:

AB75-ASA1,1438,16 304.06 (title) Paroles Release to parole or extended supervision from state prisons and house of correction.

AB75-ASA1, s. 2749 Section 2749. 304.06 (1) (a) 1. of the statutes is amended to read:

AB75-ASA1,1438,19 304.06 (1) (a) 1. "Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.

AB75-ASA1, s. 2750 Section 2750. 304.06 (1) (b) of the statutes is amended to read:

AB75-ASA1,1439,12 304.06 (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. 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.

AB75-ASA1, s. 2751 Section 2751. 304.06 (1) (bg) of the statutes is created to read:

AB75-ASA1,1440,2 304.06 (1) (bg) 1. A person sentenced under s. 973.01 for a Class F to Class I felony or a misdemeanor, committed on or after the effective date of this subdivision .... [LRB inserts date], that is not a violent offense, as defined in s. 301.048 (2) (bm) 1., and who is ineligible for positive adjustment time under s. 302.113 (2) (b) pursuant to s. 973.01 (3d) (b) or for a Class F to Class I felony that is a violent offense, as defined in s. 301.048 (2) (bm) 1., may earn one day of positive adjustment time for every 3 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. The person may petition the earned release review commission for release 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., less positive adjustment time he or she has earned. This subdivision does not apply to any of the following:

AB75-ASA1,1440,3 a. A person who is the subject of a bulletin issued under s. 301.46 (2m).

AB75-ASA1,1440,5 b. 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).

AB75-ASA1,1440,7 c. 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).

AB75-ASA1,1440,8 d. A person who is required to register under s. 301.45.

AB75-ASA1,1440,9 e. A person who has, in his or her lifetime, been committed under ch. 975.

AB75-ASA1,1440,11 f. 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.

AB75-ASA1,1440,21 2. A person sentenced under s. 973.01 for a Class C to Class E felony committed on or after the effective date of this subdivision .... [LRB inserts date], may earn one day of positive adjustment time for every 5.7 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 Class C to Class E felony may petition the earned release review commission for release 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., less positive adjustment time he or she has earned. This subdivision does not apply to any of the following:

AB75-ASA1,1440,22 a. A person who is the subject of a bulletin issued under s. 301.46 (2m).

AB75-ASA1,1440,24 b. 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).

AB75-ASA1,1441,2 c. 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).

AB75-ASA1,1441,3 d. A person who is required to register under s. 301.45.

AB75-ASA1,1441,4 e. A person who has, in his or her lifetime, been committed under ch. 975.

AB75-ASA1,1441,14 3. A person sentenced under s. 973.01 for a misdemeanor or for a Class F to Class I felony committed prior to the effective date of this subdivision .... [LRB inserts date], and who has not petitioned a sentencing court for a sentence adjustment under s. 973.195 (1r) for any offense for which he or she is incarcerated may apply for release to extended supervision when he or she has served at least 75 percent of the term of confinement 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. or as modified by the department under s. 302.113 (9g), if applicable. This subdivision does not apply to 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.

AB75-ASA1,1441,22 4. A person sentenced under s. 973.01 for a Class C to Class E felony committed prior to the effective date of this subdivision .... [LRB inserts date], and who has not petitioned a sentencing court for a sentence adjustment under s. 973.195 (1r) for any offense for which he or she is incarcerated may apply for release to extended supervision when he or she has served at least 85 percent of the term of confinement 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. or as modified by the department under s. 302.113 (9g), if applicable.

AB75-ASA1, s. 2751m Section 2751m. 304.06 (1) (bk) of the statutes is created to read:

AB75-ASA1,1442,5 304.06 (1) (bk) 1. When an inmate is within 90 days of release to extended supervision under par. (bg), the earned release review committee shall notify the sentencing court that it intends to modify the inmate's sentence and release the inmate to extended supervision under par. (bg), 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 earned release review committee may proceed under par. (bg).

AB75-ASA1,1442,8 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.

AB75-ASA1,1442,16 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 earned release review committee's determination that the inmate has earned positive adjustment time under par. (bg), reject the earned release review committee's determination that the inmate has earned positive adjustment time under par. (bg), 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.

AB75-ASA1, s. 2752 Section 2752. 304.06 (1) (bn) of the statutes is created to read:

AB75-ASA1,1442,20 304.06 (1) (bn) The earned release review commission may consider any of the following as a ground for a petition under par. (bg) for release to extended supervision:

AB75-ASA1,1442,23 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.

AB75-ASA1,1442,25 2. 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.

AB75-ASA1,1442,26 3. Sentence adjustment is otherwise in the interests of justice.

AB75-ASA1, s. 2753 Section 2753. 304.06 (1) (br) of the statutes is created to read:

AB75-ASA1,1443,4 304.06 (1) (br) The earned release review commission may reduce the term of confinement of a person who petitions under par. (bg) only as follows:

AB75-ASA1,1443,8 1. 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.

AB75-ASA1,1443,12 2. 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.

AB75-ASA1, s. 2754 Section 2754. 304.06 (1) (c) (intro.) of the statutes is amended to read:

AB75-ASA1,1443,17 304.06 (1) (c) (intro.) If an inmate applies for parole or release to 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):

AB75-ASA1, s. 2755 Section 2755. 304.06 (1) (d) 1. of the statutes is amended to read:

AB75-ASA1,1444,5 304.06 (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 or release to extended supervision. The parole earned release review commission shall provide notice under this paragraph for an inmate's first application for parole or release to extended supervision and, upon request, for subsequent applications for parole or release to extended supervision.

AB75-ASA1, s. 2756 Section 2756. 304.06 (1) (d) 2. of the statutes is amended to read:

AB75-ASA1,1444,9 304.06 (1) (d) 2. The notice shall be by 1st class mail to an office's or a person's last-known address sent at least 3 weeks before the interview or hearing upon the parole application for parole or release to extended supervision.

AB75-ASA1, s. 2757 Section 2757. 304.06 (1) (d) 3m. of the statutes is amended to read:

AB75-ASA1,1444,13 304.06 (1) (d) 3m. If applicable, the notice shall state the manner in which the person may have direct input in the parole decision-making process for parole or release to extended supervision.

AB75-ASA1, s. 2758 Section 2758. 304.06 (1) (d) 4. of the statutes is amended to read:

AB75-ASA1,1444,18 304.06 (1) (d) 4. If the notice is for a first application for parole or release to extended supervision, the notice shall inform the offices and persons under par. (c) 1. to 3. that notification of subsequent applications for parole or release to extended supervision will be provided only upon request.

AB75-ASA1, s. 2759 Section 2759. 304.06 (1) (e) of the statutes is amended to read:

AB75-ASA1,1445,2 304.06 (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.

AB75-ASA1, s. 2760 Section 2760. 304.06 (1) (eg) of the statutes is amended to read:

AB75-ASA1,1445,7 304.06 (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 or release to extended supervision of an applicable inmate and to make a statement at that interview or hearing.

AB75-ASA1, s. 2761 Section 2761. 304.06 (1) (em) of the statutes is amended to read:

AB75-ASA1,1445,13 304.06 (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 or release to extended supervision.

AB75-ASA1, s. 2762 Section 2762. 304.06 (1) (f) of the statutes is amended to read:

AB75-ASA1,1446,6 304.06 (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, or release to 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.

AB75-ASA1, s. 2763 Section 2763. 304.06 (1) (g) of the statutes is amended to read:

AB75-ASA1,1446,14 304.06 (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.

AB75-ASA1, s. 2764 Section 2764. 304.06 (1m) (intro.) of the statutes is amended to read:

AB75-ASA1,1446,18 304.06 (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:

AB75-ASA1, s. 2765 Section 2765. 304.06 (1q) (b) of the statutes is amended to read:

AB75-ASA1,1446,25 304.06 (1q) (b) The parole earned release review commission or the department may require as a condition of parole 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.

AB75-ASA1, s. 2766 Section 2766. 304.06 (1q) (c) of the statutes is amended to read:

AB75-ASA1,1447,7 304.06 (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.

AB75-ASA1, s. 2767 Section 2767. 304.06 (1x) of the statutes is amended to read:

AB75-ASA1,1447,12 304.06 (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).

AB75-ASA1, s. 2768 Section 2768. 304.06 (2m) (d) of the statutes is amended to read:

AB75-ASA1,1447,16 304.06 (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:

AB75-ASA1,1447,20 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.

AB75-ASA1,1447,24 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.

AB75-ASA1, s. 2769 Section 2769. 304.06 (3) of the statutes is amended to read:

AB75-ASA1,1448,25 304.06 (3) Every paroled prisoner paroled or released to extended supervision remains in the legal custody of the department unless otherwise provided by the department. If the department alleges that any condition or rule of parole or extended supervision has been violated by the prisoner, the department may take physical custody of the prisoner for the investigation of the alleged violation. If the department is satisfied that any condition or rule of parole or extended supervision has been violated it shall afford the prisoner such administrative hearings as are required by law. Unless waived by the parolee or person on extended supervision, the final administrative hearing shall be held before a hearing examiner from the division of hearings and appeals in the department of administration who is licensed to practice law in this state. The hearing examiner shall enter an order revoking or not revoking parole or extended supervision. Upon request by either party, the administrator of the division of hearings and appeals shall review the order. The hearing examiner may order that a deposition be taken by audiovisual means and allow the use of a recorded deposition under s. 967.04 (7) to (10). If the parolee or person on extended supervision waives the final administrative hearing, the secretary of corrections shall enter an order revoking or not revoking parole or extended supervision. If the examiner, the administrator upon review, or the secretary in the case of a waiver finds that the prisoner has violated the rules or conditions of parole or extended supervision, the examiner, the administrator upon review, or the secretary in the case of a waiver, may order the prisoner returned to prison to continue serving his or her sentence, or to continue on parole or extended supervision. If the prisoner claims or appears to be indigent, the department shall refer the prisoner to the authority for indigency determinations specified under s. 977.07 (1).

AB75-ASA1, s. 2770 Section 2770. 304.06 (3e) of the statutes is amended to read:

AB75-ASA1,1449,9 304.06 (3e) The division of hearings and appeals in the department of administration shall make either an electronic or stenographic record of all testimony at each parole or extended supervision revocation hearing. The division shall prepare a written transcript of the testimony only at the request of a judge who has granted a petition for judicial review of the revocation decision. Each hearing notice shall include notice of the provisions of this subsection and a statement that any person who wants a written transcript may record the hearing at his or her own expense.

AB75-ASA1, s. 2771 Section 2771. 304.06 (3m) of the statutes is amended to read:

AB75-ASA1,1449,13 304.06 (3m) If the convicting court is informed by the department that a prisoner on parole or extended supervision has absconded and that the prisoner's whereabouts are unknown, the court may issue a capias for execution by the sheriff.

AB75-ASA1, s. 2772 Section 2772. 304.071 (1) of the statutes is amended to read:

AB75-ASA1,1450,6 304.071 (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.

AB75-ASA1, s. 2773 Section 2773. 304.09 (1) (a) of the statutes is amended to read:

AB75-ASA1,1450,9 304.09 (1) (a) "Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.

AB75-ASA1, s. 2774 Section 2774. 321.62 (11) (a) of the statutes is amended to read:

AB75-ASA1,1450,16 321.62 (11) (a) No eviction may be made during the period of state active duty in respect to any premises for which the agreed rent does not exceed the amount specified in 50 USC App. 531, occupied chiefly for dwelling purposes by the spouse, children, domestic partner under ch. 770, or other dependents of a service member who is in state active duty, except upon order of a court in an action affecting the right of possession.