AB75: Bill Text

AB75, s. 2693 Section 2693. 301.48 (1) (d) of the statutes is amended to read:

AB75,1388,16 301.48 (1) (d) "Lifetime tracking" means global positioning system tracking that is required for a person for the remainder of the person's life or until terminated under sub. (2m), sub. (6), if applicable, or sub. (7) or (7m). "Lifetime tracking" does not include global positioning system tracking under sub. (2) (d), regardless of how long it is required.

AB75, s. 2694 Section 2694. 301.48 (2) (a) (intro.) of the statutes is amended to read:

AB75,1388,20 301.48 (2) (a) (intro.) Except as provided in sub. subs. (2m), (6), (7), and (7m), the department shall maintain lifetime tracking of a person if any of the following occurs with respect to the person on or after January 1, 2008:

AB75, s. 2695 Section 2695. 301.48 (2) (b) (intro.) of the statutes is amended to read:

AB75,1388,24 301.48 (2) (b) (intro.) The Except as provided in subs. (7) and (7m), the department shall maintain lifetime tracking of a person if any of the following occurs with respect to the person on or after January 1, 2008:

AB75, s. 2696 Section 2696. 301.48 (2) (d) of the statutes is amended to read:

AB75,1389,6 301.48 (2) (d) If, on or after January 1, 2008, a person is being placed on probation, extended supervision, parole, or lifetime supervision for committing a sex offense and par. (a) or (b) does not apply, the department may have the person tracked using a global positioning system tracking device, or passive positioning system tracking, as a condition of the person's probation, extended supervision, parole, or lifetime supervision.

AB75, s. 2697 Section 2697. 301.48 (2m) of the statutes is amended to read:

AB75,1389,15 301.48 (2m) Passive positioning system tracking. If a person who is subject to lifetime tracking under sub. (2) (a) 1., 1m., 2., 2m., 3., or 3m. completes his or her sentence, including any probation, parole, or extended supervision, the The department may use passive positioning system tracking instead of maintaining lifetime tracking global positioning system tracking to track a person who is subject to lifetime tracking under sub. (2) (a) 1., 1m., 2., 2m., 3., or 3m. if the department determines that passive positioning tracking is appropriate for the person and if the person has been subject to global positioning system tracking for at least 12 months.

AB75, s. 2698 Section 2698. 301.48 (3) (c) of the statutes is amended to read:

AB75,1389,24 301.48 (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).

AB75, s. 2699 Section 2699. 301.48 (7m) of the statutes is amended to read:

AB75,1390,5 301.48 (7m) Termination if person moves out of state. Notwithstanding sub. (2), if If a person who is subject to being tracked under this section moves out of state, the department shall terminate the person's tracking. If the person returns to the state, the department shall reinstate the person's tracking except as provided under sub. (6) or (7).

AB75, s. 2700 Section 2700. 302.045 (1) of the statutes is amended to read:

AB75,1390,22 302.045 (1) Program. The department shall provide a challenge incarceration program for inmates selected to participate under sub. (2). The program shall provide participants with manual labor, personal development counseling, substance abuse treatment and education, military drill and ceremony, counseling, and strenuous physical exercise, for participants who have not attained the age of 30 as of the date on which they begin participating in the program, or age-appropriate strenuous physical exercise, for all other participants, in preparation for release on parole or extended supervision. The program shall provide, according to each participant's needs as assessed under sub. (2) (d), substance abuse treatment and education, including intensive intervention when indicated, personal development counseling, education, employment readiness training, and other treatment options that are directly related to the participant's criminal behavior. The department shall design the program to include not less than 50 participants at a time and so that a participant may complete the program in not more than 180 days. The department may restrict participant privileges as necessary to maintain discipline.

AB75, s. 2701 Section 2701. 302.045 (2) (d) of the statutes is repealed and recreated to read:

AB75,1390,25 302.045 (2) (d) The department determines, using evidence-based assessment instruments, that one of the following applies:

AB75,1391,2 1. The inmate has a substance abuse treatment need that requires an intensive level of treatment.

AB75,1391,5 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.

AB75,1391,7 3. The inmate has one or more treatment needs not related to substance use that is directly related to his or her criminal behavior.

AB75, s. 2702 Section 2702. 302.045 (3) of the statutes is amended to read:

AB75,1391,16 302.045 (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.

AB75, s. 2703 Section 2703. 302.05 (title) of the statutes is amended to read:

AB75,1391,18 302.05 (title) Wisconsin substance abuse earned release program.

AB75, s. 2704 Section 2704. 302.05 (1) (am) (intro.) of the statutes is renumbered 302.05 (1) and amended to read:

AB75,1392,5 302.05 (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).

AB75, s. 2705 Section 2705. 302.05 (1) (am) 1. of the statutes is repealed.

AB75, s. 2706 Section 2706. 302.05 (1) (am) 2. of the statutes is repealed.

AB75, s. 2707 Section 2707. 302.05 (1) (c) of the statutes is repealed.

AB75, s. 2708 Section 2708. 302.05 (2) of the statutes is amended to read:

AB75,1392,12 302.05 (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.

AB75, s. 2709 Section 2709. 302.05 (3) (b) of the statutes is amended to read:

AB75,1392,21 302.05 (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.

AB75, s. 2710 Section 2710. 302.05 (3) (c) 1. of the statutes is amended to read:

AB75,1393,2 302.05 (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.

AB75, s. 2711 Section 2711. 302.05 (3) (c) 2. (intro.) of the statutes is amended to read:

AB75,1393,7 302.05 (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:

AB75, s. 2712 Section 2712. 302.05 (3) (d) of the statutes is amended to read:

AB75,1393,11 302.05 (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.

AB75, s. 2713 Section 2713. 302.105 (1) (a) of the statutes is amended to read:

AB75,1393,14 302.105 (1) (a) "Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.

AB75, s. 2714 Section 2714. 302.11 (1g) (b) (intro.) of the statutes is amended to read:

AB75,1393,23 302.11 (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:

AB75, s. 2715 Section 2715. 302.11 (1g) (b) 2. of the statutes is amended to read:

AB75,1394,7 302.11 (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.

AB75, s. 2716 Section 2716. 302.11 (1g) (c) of the statutes is amended to read:

AB75,1394,12 302.11 (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).

AB75, s. 2717 Section 2717. 302.11 (1g) (d) of the statutes is amended to read:

AB75,1394,16 302.11 (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.

AB75, s. 2718 Section 2718. 302.11 (1m) of the statutes is amended to read:

AB75,1394,20 302.11 (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).

AB75, s. 2719 Section 2719. 302.11 (7) (c) of the statutes is amended to read:

AB75,1394,24 302.11 (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.

AB75, s. 2720 Section 2720. 302.113 (1) of the statutes is amended to read:

AB75,1395,11 302.113 (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), (9g), 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), (9g), or (9h) or s. 304.06.

AB75, s. 2721 Section 2721. 302.113 (2) of the statutes is renumbered 302.113 (2) (a) and amended to read:

AB75,1395,19 302.113 (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. (9g) or (9h) or as modified by the sentencing court under sub. (9g) or s. 302.045 (3m) (b) 1., or 302.05 (3) (c) 2. a., or 973.195 (1r), if applicable.

AB75, s. 2722 Section 2722. 302.113 (2) (b) of the statutes is created to read:

AB75,1396,9 302.113 (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 department under sub. (9g) or 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 a person who is the subject of a bulletin issued under s. 301.46 (2m), a violent offender, as defined in s. 16.964 (12) (a), or a person who is ineligible for positive adjustment time under this paragraph pursuant to s. 973.01 (3d) (b).

AB75, s. 2723 Section 2723. 302.113 (3) (d) of the statutes is amended to read:

AB75,1396,14 302.113 (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.

AB75, s. 2724 Section 2724. 302.113 (3) (e) of the statutes is created to read:

AB75,1396,19 302.113 (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.

AB75, s. 2725 Section 2725. 302.113 (7) of the statutes is amended to read:

AB75,1397,3 302.113 (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.

AB75, s. 2726 Section 2726. 302.113 (9) (am) of the statutes is amended to read:

AB75,1397,18 302.113 (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.

AB75, s. 2727 Section 2727. 302.113 (9) (at) of the statutes is repealed.

AB75, s. 2728 Section 2728. 302.113 (9) (b) of the statutes is amended to read:

AB75,1398,3 302.113 (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).

AB75, s. 2729 Section 2729. 302.113 (9) (c) of the statutes is amended to read:

AB75,1398,14 302.113 (9) (c) A person who is subsequently released to extended supervision after service of the period of time specified by the court order under par. (am) is subject to all conditions and rules under subs. (7) and, if applicable, (7m) until the expiration of the remaining extended supervision portion of the bifurcated sentence or until the department discharges the person under s. 973.01 (4m), whichever is appropriate. The remaining extended supervision portion of the bifurcated sentence is the total length of the bifurcated sentence, less the time served by the person in confinement under the bifurcated sentence before release to extended supervision under sub. (2) and less all time served in confinement for previous revocations of extended supervision under the bifurcated sentence.

AB75, s. 2730 Section 2730. 302.113 (9g) (cm) of the statutes is amended to read:

AB75,1398,24 302.113 (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.

AB75, s. 2731 Section 2731. 302.113 (9g) (d) of the statutes is amended to read:

AB75,1399,12 302.113 (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).

AB75, s. 2732 Section 2732. 302.113 (9g) (e) of the statutes is amended to read:

AB75,1399,22 302.113 (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.

AB75, s. 2733 Section 2733. 302.113 (9g) (f) of the statutes is amended to read:

AB75,1399,25 302.113 (9g) (f) A court The department may modify an inmate's bifurcated sentence under this section only as follows:

AB75,1400,4 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.

AB75,1400,7 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.