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.
SECTION 5. 302.113 (9g) (g) 2. of the statutes is amended to read:
302.113 (9g) (g) 2. When a court the department sets a hearing date under par. (d), the clerk of the circuit court department 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. requesting notification. The notice shall inform the victim that he or she may appear at the hearing scheduled under par. (d) 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). The clerk of the circuit court department 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.
SECTION 6. 302.113 (9g) (g) 3. of the statutes is amended to read:
302.113 (9g) (g) 3. The director of state courts shall design and prepare cards for a victim victims to send to the clerk of the circuit court for the county in which the inmate was convicted and sentenced department. 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 determines is necessary. The director of state courts shall provide the cards, without charge, to clerks of circuit court. Clerks of circuit court 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 department. All court records or portions of records that relate to mailing addresses of victims are not subject to inspection or copying under s. 19.35 (1).
SECTION 7. 302.113 (9g) (h) of the statutes is amended to read:
302.113 (9g) (h) An inmate may appeal a court's The department's decision to deny the inmate's petition for modification of his or her bifurcated sentence. The state may appeal a court's decision to grant an inmate's petition for a modification of the inmate's bifurcated sentence under par. (e) may be appealed under s. 227.52. In an appeal under this paragraph, the appellate court may reverse a decision granting or denying a petition for modification of a bifurcated sentence only if it determines that the sentencing court department erroneously exercised its discretion in granting or denying the petition.
SECTION 8. 302.113 (9g) (i) of the statutes is amended to read:
302.113 (9g) (i) If the program review committee denies an inmate's petition under par. (cm), 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 department under par. (cm) but the sentencing court department denies the petition, the inmate may not file another petition under par. (cm) within one year after the date of the court's department's decision.
SECTION 9. 302.113 (9g) (j) of the statutes is amended to read:
302.113 (9g) (j) An inmate eligible to seek modification of his or her bifurcated sentence under this subsection has a right to be represented by counsel in proceedings under this subsection. 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 under par. (c). If an inmate whose petition has been referred to the court department under par. (cm) is without counsel, the court department shall refer the matter to the state public defender for determination of indigency and appointment of counsel under s. 977.05 (4) (jm).
SECTION 10. 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 not serving the confinement portion of a bifurcated sentence following a conviction for a felony assaultive crime.
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.
SECTION 11. 801.50 (5) of the statutes is amended to read:
801.50 (5) Venue of an action for certiorari to review a probation, extended supervision, or parole revocation, a denial by a program review committee under s. 302.113 (9g) of a petition for modification of a bifurcated sentence, a decision by the department of corrections under s. 302.113 (9g) on a petition for modification of a bifurcated sentence, or a refusal of parole shall be the county in which the relator was last convicted of an offense for which the relator was on probation, extended supervision, or parole or for which the relator is currently incarcerated.
SECTION 12. 950.04 (1v) (nt) of the statutes is amended to read:
950.04 (1v) (nt) To attend a hearing on a petition for modification of a bifurcated sentence and provide a statement concerning department modification of the bifurcated sentence, as provided under s. 302.113 (9g) (d).
SECTION 13. 977.05 (4) (jm) of the statutes is amended to read:
977.05 (4) (jm) At the request of an inmate determined by the state public defender to be indigent or upon referral of a court the department of corrections under s. 302.113 (9g) (j), represent the inmate in proceedings for modification of a bifurcated sentence under s. 302.113 (9g) before a program review committee and the sentencing court department of corrections, if the state public defender determines the case should be pursued.
SECTION 9311. Initial applicability; Corrections.
(1) RELEASE TO EXTENDED SUPERVISION FOR MEDICAL REASONS BY DEPARTMENT OF CORRECTIONS. The treatment of sections 302.113 (9g) (cm), (d), (e), (f), (g) 2. and 3., (h), (i), and (j), 801.50 (5), 911.01 (4) (c) (as it relates to an appeal under s. 302.113 (9g) (h)), 950.04 (1v) (nt), and 977.05 (4) (jm) of the statutes first applies to petitions not referred by the program review committee on the effective date of this subsection.
(End)
LRB-1059LRB-1059/4
PJK:kjf&nwn:jf
2009 - 2010 LEGISLATURE
DOA:......Grimsrud, BB0249 - Streamlining Wisconsin Works
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
Wisconsin Works
The Wisconsin Works (W-2) program under current law provides work experience and benefits for low-income custodial parents who are at least 18 years old, as well as job search assistance to noncustodial parents who are required to pay child support, to minor custodial parents, and to pregnant women who are not custodial parents. W-2 is administered, generally, by W-2 agencies under contracts with DCF. This bill makes a number of miscellaneous changes to W-2, including the following:
1. Eliminating the limits on the lengths of time during which a participant may participate in a particular type of employment position, but retaining the overall lifetime limit for participation of 60 months.
2. Removing the specifications on the number of hours a participant in a community service job placement or a transitional placement may be required to engage in certain job-related activities and in educational or training activities but retaining an overall requirement of not more than 40 per week.
3. Requiring use of a single method, as provided under federal law, for measuring the 60-month lifetime limit for an individual's participation in W-2.
4. Requiring DCF to specify guidelines for determining when a participant is demonstrating a refusal to participate, which could result in a reduced benefit amount or ineligibility to participate in a particular employment position.
5. Providing that a W-2 participant who refuses to participate is ineligible for W-2 for three months. Under current law, a W-2 participant who refuses to participate three times is ineligible to participate in that employment position.
6. Eliminating the Learnfare program, which subjected individuals who failed to meet certain school attendance requirements to sanctions determined by rule, and the requirement that a W-2 agency establish a community steering committee, and instead requiring W-2 agencies to provide information and services aimed at connecting W-2 participants, youth, and parents with their communities, their schools, employers, workforce development programs, child care providers, and other resources.
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. 15.207 (24) (a) 7. of the statutes is amended to read:
15.207 (24) (a) 7. Subject to par. (d), two members who are nominated by a children's services network established the Wisconsin Works agency or agencies in Milwaukee County under s. 49.143 (2) (b) and who are residents of the a geographical area established under s. 49.143 (6) that is served by the children's services network in Milwaukee County.
SECTION 2. 15.207 (24) (d) of the statutes is amended to read:
15.207 (24) (d) If the department of children and families establishes more than one geographical area in Milwaukee County under s. 49.143 (6), the children's services networks established Wisconsin Works agency or agencies in Milwaukee County under s. 49.143 (2) (b), in nominating members under par. (a) 7., shall nominate residents of different geographical areas established under s. 49.143 (6) and, when the term of a member appointed under par. (a) 7. ends or if a vacancy occurs in the membership of the council under par. (a) 7., those children's services networks the Wisconsin Works agency or agencies shall nominate a resident of a different geographical area established under s. 49.143 (6) from the geographical area of the member who is being replaced according to a rotating order of succession determined by the children's services networks Wisconsin Works agency or agencies.
SECTION 3. 20.437 (2) (dz) of the statutes is amended to read:
20.437 (2) (dz) Temporary Assistance for Needy Families programs; maintenance of effort. The amounts in the schedule, less the amounts withheld under s. 49.143 (3), for administration and benefit payments under Wisconsin Works under ss. 49.141 to 49.161, the learnfare program under s. 49.26, and the work experience program for noncustodial parents under s. 49.36; for payments to local governments, organizations, tribal governing bodies, and Wisconsin Works agencies; and for emergency assistance for families with needy children under s. 49.138. Payments may be made from this appropriation account for any contracts under s. 49.845 (4) and for any fraud investigation and error reduction activities under s. 49.197 (1m). Moneys appropriated under this paragraph may be used to match federal funds received under par. (md). Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department may transfer funds between fiscal years under this paragraph. Notwithstanding ss. 20.001 (3) and 20.002 (1), the department of health services shall credit or deposit into to this appropriation account funds for the purposes of this appropriation that the department transfers from the appropriation account under s. 20.435 (7) (5) (bc). All funds allocated by the department but not encumbered by December 31 of each year lapse to the general fund on the next January 1 unless transferred to the next calendar year by the joint committee on finance.
SECTION 4. 20.437 (2) (dz) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:
20.437 (2) (dz) Temporary Assistance for Needy Families programs; maintenance of effort. The amounts in the schedule, less the amounts withheld under s. 49.143 (3), for administration and benefit payments under Wisconsin Works under ss. 49.141 to 49.161, the learnfare program under s. 49.26, and the work experience program for noncustodial parents under s. 49.36; for payments to local governments, organizations, tribal governing bodies, and Wisconsin Works agencies; and for emergency assistance for families with needy children under s. 49.138. Payments may be made from this appropriation account for any contracts under s. 49.845 (4) and for any fraud investigation and error reduction activities under s. 49.197 (1m). Moneys appropriated under this paragraph may be used to match federal funds received under par. (md). Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department may transfer funds between fiscal years under this paragraph. Notwithstanding ss. 20.001 (3) and 20.002 (1), the department of health services shall credit to this appropriation account funds for the purposes of this appropriation that the department transfers from the appropriation account under s. 20.435 (5) (bc). All funds allocated by the department but not encumbered by December 31 of each year lapse to the general fund on the next January 1 unless transferred to the next calendar year by the joint committee on finance.
****NOTE: This is reconciled s. 20.437 (2) (dz). This SECTION has been affected by drafts with the following LRB numbers: LRB-0247/1 and LRB-1059/1.
SECTION 5. 46.215 (1) (j) of the statutes is repealed.
SECTION 6. 46.22 (1) (b) 2. e. of the statutes is repealed.
SECTION 7. 49.143 (2) (a) of the statutes is repealed.
SECTION 8. 49.143 (2) (am) of the statutes is created to read:
49.143 (2) (am) Provide information and services aimed at connecting Wisconsin Works applicants and participants with their communities and the resources available, including job creation, employer and job connections, mentorships, child care services and providers, the local workforce investment board, charitable food and clothing centers, subsidized and low-income housing, and transportation subsidies. The contract shall include a description of the information and services the Wisconsin Works agency will provide in fulfillment of the requirement under this paragraph and how the the information and services will be provided to applicants and participants.
SECTION 9. 49.143 (2) (b) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed.
****NOTE: This is reconciled s. 49.143 (2) (b). This SECTION has been affected by drafts with the following LRB numbers: LRB-0394 and LRB-1059.
SECTION 10. 49.143 (2) (bm) of the statutes is created to read:
49.143 (2) (bm) Provide information and services aimed at connecting youth and their parents with schools, career development services, and workforce development programs, including the Youth Apprenticeship Program under s. 106.13 and the Wisconsin Covenant Scholars Program under s. 39.437. The contract shall include a description of the information and services the Wisconsin Works agency will provide in fulfillment of the requirement under this paragraph and how the information and services will be provided to applicants and participants.
SECTION 11. 49.143 (2m) (intro.) of the statutes is amended to read:
49.143 (2m) NUTRITION OUTREACH. (intro.) A Wisconsin works Works agency may establish a nutrition outreach program with the community steering committee established under sub. (2) (a). The Wisconsin works agency and community steering committee and may coordinate with local food pantries and food banks and other interested parties to increase the supply of food available. Under the outreach program, the Wisconsin works Works agency may do anything that it determines would best effect the desired outcome of the program, including any of the following:
SECTION 12. 49.143 (2m) (f) (intro.) of the statutes is amended to read:
49.143 (2m) (f) (intro.) Establish a subcommittee of the community steering committee that includes qualified aliens and that may do any of the following:
SECTION 13. 49.145 (2) (n) 1. (intro.) of the statutes is amended to read:
