AB75: Bill Text

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 of the statutes is repealed.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.

AB75, s. 2734 Section 2734. 302.113 (9g) (g) 2. of the statutes is amended to read:

AB75,1400,18 302.113 (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.

AB75, s. 2735 Section 2735. 302.113 (9g) (g) 3. of the statutes is amended to read:

AB75,1401,5 302.113 (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).

AB75, s. 2736 Section 2736. 302.113 (9g) (h) of the statutes is amended to read:

AB75,1401,14 302.113 (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.

AB75, s. 2737 Section 2737. 302.113 (9g) (i) of the statutes is amended to read:

AB75,1401,22 302.113 (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.

AB75, s. 2738 Section 2738. 302.113 (9g) (j) of the statutes is amended to read:

AB75,1402,7 302.113 (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).

AB75, s. 2739 Section 2739. 302.113 (9h) of the statutes is created to read:

AB75,1402,11 302.113 (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.

AB75,1402,13 (b) The department shall promulgate rules for the determination of whether a bifurcated sentence should be modified under this subsection.

AB75,1402,16 (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:

AB75,1402,18 1. The person is not serving the confinement portion of a bifurcated sentence following a conviction for a felony assaultive crime.

AB75,1402,21 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.

AB75,1402,23 3. The release to extended supervision date is not more than 12 months before the person's extended supervision eligibility date.