Currently, a person who is convicted of a crime is sentenced to a bifurcated sentence, which requires the person to serve a portion of his or her sentence incarcerated and a portion of the sentence in the community under extended supervision. If a person violates any condition of his or her release to extended supervision, the person's extended supervision is revoked, he or she is returned to prison, and the division of Hearings and Appeals within DOA or DOC (reviewing authority) makes a recommendation to the court that convicted the person as to how long the person should remain in prison. After it receives the reviewing authority's recommendation, the court may order the person to remain in prison for a period of time that does not exceed the time remaining on his or her bifurcated sentence.
Under this bill, the reviewing authority determines how long to imprison the person whose extended supervision is revoked and enters its own order for the person to remain in prison for a period of time that does not exceed the time remaining on his or her bifurcated sentence.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 302.113 (9) (am) of the statutes is amended to read:
302.113 (9) (am) If a person released to extended supervision under this section 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 the time remaining on the bifurcated sentence. 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. The court order returning a person to prison under this paragraph shall provide the person whose extended supervision was revoked with credit in accordance with ss. 304.072 and 973.155.
SECTION 2. 302.113 (9) (at) of the statutes is repealed.
SECTION 3. 302.113 (9) (b) of the statutes is amended to read:
302.113 (9) (b) A person who is returned to prison after revocation of extended supervision shall be incarcerated for the entire period of time specified by the court order under par. (am). The period of time specified under par. (am) may be extended in accordance with sub. (3). If a person is returned to prison under par. (am) for a period of time that is less than the time remaining on the bifurcated sentence, the person shall be released to extended supervision after he or she has served the period of time specified by the court order under par. (am) and any periods of extension imposed in accordance with sub. (3).
(End)
LRB-1010LRB-1010/P3
CMH:kjf:ph
2009 - 2010 LEGISLATURE
DOA:......Wavrunek, BB0248 - Provide discretion in escorting sexually violent persons on supervised release
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Health and Human services
Mental illness and developmental disabilities
Under current law, a person who has been released into the community on supervised release after having been institutionalized as a sexually violent person is in the custody and control of DHS and is subject to conditions and rules. One mandatory condition is that the person, for the first year of supervised release, is restricted to his or her home except for limited outings under the direct supervision of an escort from DOC. This bill gives DHS discretion in whether a person on an outing is required to be under the direct supervision of an escort.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 301.48 (3) (c) of the statutes is amended to read:
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, supervised release, or lifetime supervision. In creating inclusion zones for a person on supervised release, the department shall consider s. 980.08 (9) (a).
SECTION 2. 980.08 (9) (a) of the statutes is renumbered 980.08 (9) (a) 1. and amended to read:
980.08 (9) (a) 1. As a condition of supervised release granted under this chapter, for the first year of supervised release, the court shall restrict the person on supervised release to the person's home except for outings that are under the direct supervision of a department of corrections escort and that are for employment purposes, for religious purposes, or for caring for the person's basic living needs.
SECTION 3. 980.08 (9) (a) 2. of the statutes is created to read:
980.08 (9) (a) 2. As a rule of supervised release granted under this chapter, for the first year of supervised release, the department may restrict any person taking any outing under subd. 1. to be under the direct supervision of a department of corrections escort.
SECTION 4. 980.08 (9) (b) of the statutes is amended to read:
980.08 (9) (b) The department of corrections may contract for the escort services under par. (a) 2.
SECTION 9311. Initial applicability; Corrections.
(1) CONTRACTS FOR ESCORTS FOR PERSONS ON SUPERVISED RELEASE. The treatment of section 980.08 (9) (b) of the statutes first applies to services contracted for on the effective date of this subsection.
SECTION 9322. Initial applicability; Health Services.
(1) ESCORTS FOR PERSONS ON SUPERVISED RELEASE. The renumbering and amendment of section 980.08 (9) (a) of the statutes and the creation of section 980.08 (9) (a) 2. of the statutes first apply to a person who is on or who is released on supervised release on the effective date of this subsection.
(End)
LRB-1026LRB-1026/2
PG:wlj:ph
2009 - 2010 LEGISLATURE
DOA:......Stinebrink, BB0246 - Using only universal service fund for library aid
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
education
Primary and secondary education
Currently, state aid to public library systems is funded using both general purpose revenue and revenue in the universal service fund. The universal service fund consists of moneys that are required to be contributed by certain telecommunications providers. The fund is used for promoting universal telecommunications service and for other specified purposes. This bill funds public library aid exclusively from the universal service fund.
Current law directs DPI to contract with the public library in the city of Milwaukee to provide library services to physically handicapped persons and to contract for services with libraries to serve as resources of specialized library materials and information not available in DPI's reference and loan library. The cost of these contracts is paid with general purpose revenue. Under this bill, the cost of these contacts is paid from the universal service fund.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.255 (3) (e) of the statutes is repealed.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 20.255 (3) (ea) of the statutes is renumbered 20.255 (3) (r) and amended to read:
20.255 (3) (r) Library service contracts. The From the universal service fund, the amounts in the schedule for library service contracts under s. 43.03 (6) and (7).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 3. 20.255 (3) (qm) (title) of the statutes is amended to read:
20.255 (3) (qm) (title) Supplemental aid Aid to public library systems.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 4. 43.24 (1) (a) 1. of the statutes is amended to read:
43.24 (1) (a) 1. Determine the percentage change in the total amount appropriated under s. 20.255 (3) (e) (qm) between the previous fiscal year and the current fiscal year, except that for the 2009-10 fiscal year, determine the percentage change in the total amount appropriated under s. 20.255 (3) (e), 2007 stats., and (qm) in the previous fiscal year, and s. 20.255 (3) (qm) in the current fiscal year.
SECTION 5. 43.24 (1) (c) of the statutes is amended to read:
43.24 (1) (c) Beginning in the fiscal year in which the total amount of state aid appropriated for public library systems under s. 20.255 (3) (e) and (qm), as determined by the department, equals at least 11.25% of the total operating expenditures for public library services from local and county sources in the calendar year ending in that fiscal year, the amount paid to each system shall be determined by adding the result of each of the following calculations:
1. Multiply the system's percentage of the state's population by the product of the amount appropriated under s. 20.255 (3) (e) and (qm) and 0.85.
2. Multiply the system's percentage of the state's geographical area by the product of the amount appropriated under s. 20.255 (3) (e) and (qm) and 0.075.
3. Divide the sum of the payments to the municipalities and counties in the system under subch. I of ch. 79 for the current fiscal year, as reflected in the statement of estimated payments under s. 79.015, by the total of all payments under subch. I of ch. 79 for the current fiscal year, as reflected in the statement of estimated payments under s. 79.015, and multiply the result by the product of the amount appropriated under s. 20.255 (3) (e) and (qm) and 0.075.
SECTION 6. 43.24 (3) of the statutes is amended to read:
43.24 (3) Annually, the division shall review the reports and proposed service plans submitted by the public library systems under s. 43.17 (5) for conformity with this chapter and such rules and standards as are applicable. Upon approval, the division shall certify to the department of administration an estimated amount to which each system is entitled under this section. Annually on or before December 1 of the year immediately preceding the year for which aids are to be paid, the department of administration shall pay each system 75% of the certified estimated amount from the appropriations appropriation under s. 20.255 (3) (e) and (qm). The division shall, on or before the following April 30, certify to the department of administration the actual amount to which the system is entitled under this section. On or before July 1, the department of administration shall pay each system the difference between the amount paid on December 1 of the prior year and the certified actual amount of aid to which the system is entitled from the appropriations appropriation under s. 20.255 (3) (e) and (qm). The division may reduce state aid payments when any system or any participant thereof fails to meet the requirements of sub. (2). Beginning September 1, 1991, the division may reduce state aid payments to any system if the system or any participant in the system fails to meet the requirements of s. 43.15 (4).
SECTION 7. 43.24 (3m) of the statutes is amended to read:
43.24 (3m) If the appropriations appropriation under s. 20.255 (3) (e) and (qm) in any one year are is insufficient to pay the full amount under sub. (1), state aid payments shall be prorated among the library systems entitled to such aid.
SECTION 8. 43.24 (6) of the statutes is amended to read:
43.24 (6) In submitting information under s. 16.42 for purposes of the biennial budget bill, the department shall include an amount for public library services for each fiscal year of the fiscal biennium equal to 13% of the total operating expenditures for public library services, in territories anticipated to be within all systems in the state, from local and county sources in the calendar year immediately preceding the calendar year for which aid under this section is to be paid. The amount shall include a recommendation for the appropriation under s. 20.255 (3) (e) (qm) and recommendations for the funding of other public library services, as determined by the department in conjunction with public libraries and public library systems.
SECTION 9. 196.218 (3) (a) 3. b. of the statutes is amended to read:
196.218 (3) (a) 3. b. The amounts appropriated under ss. 20.255 (3) (q) and, (qm), and (r), 20.285 (1) (q), and 20.505 (4) (s), (t), (tm), (tu), and (tw).
SECTION 10. 196.218 (5) (a) 13. of the statutes is created to read:
196.218 (5) (a) 13. To pay the costs of library service contracts under s. 43.03 (6) and (7).
(End)
LRB-1055LRB-1055/P4
CMH:wlj:rs
2009 - 2010 LEGISLATURE
DOA:......Steinmetz, BB0270 - Department of Corrections to permit certain releases of persons serving bifurcated sentence
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
correctional system
Under current law, a person who is convicted of a felony committed on or after December 31, 1999, or a misdemeanor committed on or after February 1, 2003, must serve a bifurcated sentence, which includes a term of confinement in prison and a term of extended supervision in the community. Except for a person who has been convicted of a felony that is classified as Class B or above, a person who is serving the term of confinement portion of a bifurcated sentence may petition the sentencing court to release him or her to extended supervision for the remaining term of his or her sentence if the person has a terminal condition, reaches age 65 after serving at least five years of his or her term of confinement portion, or reaches age 60 after serving at least ten years of his or her term of confinement portion. Under this bill, the petition must be submitted to DOC instead of to the sentencing court.
This bill permits DOC to release to extended supervision a person serving the confinement portion of a bifurcated sentence if the person is not confined following a felony assault, the person is believed to be able to live in the community without assaulting another, and the release will not be more than 12 months before the date that the person otherwise would be eligible for release to extended supervision. If DOC releases a person, his or her term of extended supervision must be extended by the length of time he or she was originally sentenced to confinement so that the total length of the sentence does not change.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 302.113 (9g) (cm) of the statutes is amended to read:
302.113 (9g) (cm) If, after receiving the petition under par. (c), the program review committee determines that the public interest would be served by a modification of the inmate's bifurcated sentence in the manner provided under par. (f), the committee shall approve the petition for referral to the sentencing court and notify the department of its approval. The department shall then refer the inmate's petition to the sentencing court and request the court to conduct a hearing on the petition department. If the program review committee determines that the public interest would not be served by a modification of the inmate's bifurcated sentence in the manner specified in par. (f), the committee shall deny the inmate's petition.
SECTION 2. 302.113 (9g) (d) of the statutes is amended to read:
302.113 (9g) (d) When a court is notified by the committee refers the petition under par. (c) to the department that it is referring to the court an inmate's petition for modification of the inmate's bifurcated sentence, the court department 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). 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 department shall order such give 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).
SECTION 3. 302.113 (9g) (e) of the statutes is amended to read:
302.113 (9g) (e) At a hearing scheduled under par. (d), 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) would serve the public interest. If the inmate proves that a modification of the bifurcated sentence in the manner specified in par. (f) would serve the public interest, the court department 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) would serve the public interest, the court department shall deny the inmate's petition for modification of the bifurcated sentence.
SECTION 4. 302.113 (9g) (f) of the statutes is amended to read:
302.113 (9g) (f) A court The department may modify an inmate's bifurcated sentence under this section only as follows:
1. The court department shall 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 department modifies the bifurcated sentence.
2. The court department shall lengthen the term of extended supervision imposed so that the total length of the bifurcated sentence originally imposed does not change.
