SB697, s. 45 15Section 45. 302.113 (9) (at) of the statutes, as affected by 2009 Wisconsin Act
1628
, is created to read:
SB697,15,2117 302.113 (9) (at) When a person is returned to court under par. (am) after
18revocation of extended supervision, the reviewing authority shall make a
19recommendation to the court concerning the period of time for which the person
20should be returned to prison. The recommended time period may not exceed the time
21remaining on the bifurcated sentence, as calculated under par. (am).
SB697, s. 46 22Section 46. 302.113 (9) (b) of the statutes, as affected by 2009 Wisconsin Act
2328
, is amended to read:
SB697,16,624 302.113 (9) (b) A person who is returned to prison after revocation of extended
25supervision shall be incarcerated for the entire period of time specified by the order

1court under par. (am). The period of time specified under par. (am) may be extended
2in accordance with sub. (3). If a person is returned to prison under par. (am) for a
3period of time that is less than the time remaining on the bifurcated sentence, the
4person shall be released to extended supervision after he or she has served the period
5of time specified by the order court under par. (am) and any periods of extension
6imposed in accordance with sub. (3).
SB697, s. 47 7Section 47. 302.113 (9) (c) of the statutes, as affected by 2009 Wisconsin Act
828
, is amended to read:
SB697,16,189 302.113 (9) (c) A person who is subsequently released to extended supervision
10after service of the period of time specified by the order court under par. (am) is
11subject to all conditions and rules under subs. (7) and, if applicable, (7m) until the
12expiration of the remaining extended supervision portion of the bifurcated sentence
13or until the department discharges the person under s. 973.01 (4m), whichever is
14appropriate
. The remaining extended supervision portion of the bifurcated sentence
15is the total length of the bifurcated sentence, less the time served by the person in
16confinement under the bifurcated sentence before release to extended supervision
17under sub. (2) and less all time served in confinement for previous revocations of
18extended supervision under the bifurcated sentence.
SB697, s. 48 19Section 48. 302.113 (9g) of the statutes is created to read:
SB697,16,2020 302.113 (9g) (a) In this subsection:
SB697,16,2321 1. "Program review committee" means the committee at a correctional
22institution that reviews the security classifications, institution assignments, and
23correctional programming assignments of inmates confined in the institution.
SB697,17,324 2. "Terminal condition" means an incurable condition afflicting a person,
25caused by injury, disease, or illness, as a result of which the person has a medical

1prognosis that his or her life expectancy is 6 months or less, even with available
2life-sustaining treatment provided in accordance with the prevailing standard of
3medical care.
SB697,17,64 (b) An inmate who is serving a bifurcated sentence for a crime other than a
5Class B felony may seek modification of the bifurcated sentence in the manner
6specified in par. (f) if he or she meets one of the following criteria:
SB697,17,87 1. The inmate is 65 years of age or older and has served at least 5 years of the
8term of confinement in prison portion of the bifurcated sentence.
SB697,17,109 2. The inmate is 60 years of age or older and has served at least 10 years of the
10term of confinement in prison portion of the bifurcated sentence.
SB697,17,1111 3. The inmate has a terminal condition.
SB697,17,1712 (c) An inmate who meets the criteria under par. (b) may submit a petition to
13the program review committee at the correctional institution in which the inmate is
14confined requesting a modification of the inmate's bifurcated sentence in the manner
15specified in par. (f). If the inmate alleges in the petition that he or she has a terminal
16condition, the inmate shall attach to the petition affidavits from 2 physicians setting
17forth a diagnosis that the inmate has a terminal condition.
SB697,18,218 (cm) If, after receiving the petition under par. (c), the program review
19committee determines that the public interest would be served by a modification of
20the inmate's bifurcated sentence in the manner provided under par. (f), the
21committee shall approve the petition for referral to the sentencing court and notify
22the department of its approval. The department shall then refer the inmate's
23petition to the sentencing court and request the court to conduct a hearing on the
24petition. If the program review committee determines that the public interest would

1not be served by a modification of the inmate's bifurcated sentence in the manner
2specified in par. (f), the committee shall deny the inmate's petition.
SB697,18,133 (d) When a court is notified by the department that it is referring to the court
4an inmate's petition for modification of the inmate's bifurcated sentence, the court
5shall set a hearing to determine whether the public interest would be served by a
6modification of the inmate's bifurcated sentence in the manner specified in par. (f).
7The inmate and the district attorney have the right to be present at the hearing, and
8any victim of the inmate's crime has the right to be present at the hearing and to
9provide a statement concerning the modification of the inmate's bifurcated sentence.
10The court shall order such notice of the hearing date as it considers adequate to be
11given to the department, the inmate, the attorney representing the inmate, if
12applicable, and the district attorney. Victim notification shall be provided as
13specified under par. (g).
SB697,18,2214 (e) At a hearing scheduled under par. (d), the inmate has the burden of proving
15by the greater weight of the credible evidence that a modification of the bifurcated
16sentence in the manner specified in par. (f) would serve the public interest. If the
17inmate proves that a modification of the bifurcated sentence in the manner specified
18in par. (f) would serve the public interest, the court shall modify the inmate's
19bifurcated sentence in that manner. If the inmate does not prove that a modification
20of the bifurcated sentence in the manner specified in par. (f) would serve the public
21interest, the court shall deny the inmate's petition for modification of the bifurcated
22sentence.
SB697,18,2423 (f) A court may modify an inmate's bifurcated sentence under this section only
24as follows:
SB697,19,4
11. The court shall reduce the term of confinement in prison portion of the
2inmate's bifurcated sentence in a manner that provides for the release of the inmate
3to extended supervision within 30 days after the date on which the court issues its
4order modifying the bifurcated sentence.
SB697,19,65 2. The court shall lengthen the term of extended supervision imposed so that
6the total length of the bifurcated sentence originally imposed does not change.
SB697,19,77 (g) 1. In this paragraph, "victim" has the meaning given in s. 950.02 (4).
SB697,19,168 2. When a court sets a hearing date under par. (d), the clerk of the circuit court
9shall send a notice of hearing to the victim of the crime committed by the inmate, if
10the victim has submitted a card under subd. 3. requesting notification. The notice
11shall inform the victim that he or she may appear at the hearing scheduled under
12par. (d) and shall inform the victim of the manner in which he or she may provide a
13statement concerning the modification of the inmate's bifurcated sentence in the
14manner provided in par. (f). The clerk of the circuit court shall make a reasonable
15attempt to send the notice of hearing to the last-known address of the inmate's
16victim, postmarked at least 10 days before the date of the hearing.
SB697,20,217 3. The director of state courts shall design and prepare cards for a victim to send
18to the clerk of the circuit court for the county in which the inmate was convicted and
19sentenced. The cards shall have space for a victim to provide his or her name and
20address, the name of the applicable inmate, and any other information that the
21director of state courts determines is necessary. The director of state courts shall
22provide the cards, without charge, to clerks of circuit court. Clerks of circuit court
23shall provide the cards, without charge, to victims. Victims may send completed
24cards to the clerk of the circuit court for the county in which the inmate was convicted

1and sentenced. All court records or portions of records that relate to mailing
2addresses of victims are not subject to inspection or copying under s. 19.35 (1).
SB697,20,93 (h) An inmate may appeal a court's decision to deny the inmate's petition for
4modification of his or her bifurcated sentence. The state may appeal a court's
5decision to grant an inmate's petition for a modification of the inmate's bifurcated
6sentence. In an appeal under this paragraph, the appellate court may reverse a
7decision granting or denying a petition for modification of a bifurcated sentence only
8if it determines that the sentencing court erroneously exercised its discretion in
9granting or denying the petition.
SB697,20,1510 (i) If the program review committee denies an inmate's petition under par. (cm),
11the inmate may not file another petition within one year after the date of the program
12review committee's denial. If the program review committee approves an inmate's
13petition for referral to the sentencing court under par. (cm) but the sentencing court
14denies the petition, the inmate may not file another petition under par. (cm) within
15one year after the date of the court's decision.
SB697,20,2416 (j) An inmate eligible to seek modification of his or her bifurcated sentence
17under this subsection has a right to be represented by counsel in proceedings under
18this subsection. An inmate, or the department on the inmate's behalf, may apply to
19the state public defender for determination of indigency and appointment of counsel
20under s. 977.05 (4) (jm) before or after the filing of a petition with the program review
21committee under par. (c). If an inmate whose petition has been referred to the court
22under par. (cm) is without counsel, the court shall refer the matter to the state public
23defender for determination of indigency and appointment of counsel under s. 977.05
24(4) (jm).
SB697, s. 49
1Section 49. 302.113 (9h) of the statutes, as affected by 2009 Wisconsin Act 28,
2is repealed.
SB697, s. 50 3Section 50. 302.1135 of the statutes, as affected by 2009 Wisconsin Act 28, is
4repealed.
SB697, s. 51 5Section 51. 302.114 (9) (am) of the statutes, as affected by 2009 Wisconsin Act
628
, is amended to read:
SB697,21,167 302.114 (9) (am) If a person released to extended supervision under this section
8or under s. 302.1135 302.113 (9g) violates a condition of extended supervision, the
9reviewing authority may revoke the extended supervision of the person. If the
10extended supervision of the person is revoked, the person shall be returned to the
11circuit court for the county in which the person was convicted of the offense for which
12he or she was on extended supervision, and the court shall order the person to be
13returned to prison for a specified period of time before he or she is eligible for being
14released again to extended supervision. The period of time specified under this
15paragraph may not be less than 5 years and may be extended in accordance with sub.
16(3).
SB697, s. 52 17Section 52. 302.114 (9) (c) of the statutes, as affected by 2009 Wisconsin Act
1828
, is amended to read:
SB697,21,2219 302.114 (9) (c) A person who is subsequently released to extended supervision
20under par. (bm) is subject to all conditions and rules under sub. (8) until the
21expiration of the sentence or until the department discharges the person under s.
22973.01 (4m), whichever is appropriate
.
SB697, s. 53 23Section 53. 304.01 (title) of the statutes, as affected by 2009 Wisconsin Act 28,
24is amended to read:
SB697,22,2
1304.01 (title) Earned release review Parole commission and
2commission chairperson; general duties.
SB697, s. 54 3Section 54. 304.01 (1) of the statutes, as affected by 2009 Wisconsin Act 28,
4is amended to read:
SB697,22,85 304.01 (1) The chairperson of the earned release review parole commission
6shall administer and supervise the commission and its activities and shall be the
7final parole granting authority for granting parole or release to extended
8supervision
, except as provided in s. 304.02.
SB697, s. 55 9Section 55. 304.01 (2) (intro.) of the statutes, as affected by 2009 Wisconsin
10Act 28
, is amended to read:
SB697,22,1711 304.01 (2) (intro.) The earned release review parole commission shall conduct
12regularly scheduled interviews to consider the parole or release to extended
13supervision
of eligible inmates of the adult correctional institutions under the
14control of the department of corrections, eligible inmates transferred under ch. 51
15and under the control of the department of health services and eligible inmates in
16any county house of correction. The department of corrections shall provide all of the
17following to the earned release review parole commission:
SB697, s. 56 18Section 56. 304.01 (2) (b) of the statutes, as affected by 2009 Wisconsin Act 28,
19is amended to read:
SB697,22,2220 304.01 (2) (b) Scheduling assistance for parole interviews for prisoners who
21have applied for parole or release to extended supervision
at the correctional
22institutions.
SB697, s. 57 23Section 57. 304.01 (2) (c) of the statutes, as affected by 2009 Wisconsin Act 28,
24is amended to read:
SB697,23,2
1304.01 (2) (c) Clerical support related to the interviews for prisoners who have
2applied for parole or release to extended supervision
.
SB697, s. 58 3Section 58. 304.01 (2) (d) of the statutes, as affected by 2009 Wisconsin Act 28,
4is amended to read:
SB697,23,75 304.01 (2) (d) Appropriate physical space at the correctional institutions to
6conduct the parole interviews for prisoners who have applied for parole or release to
7extended supervision
.
SB697, s. 59 8Section 59. 304.06 (title) of the statutes, as affected by 2009 Wisconsin Act 28,
9is amended to read:
SB697,23,11 10304.06 (title) Release to parole or extended supervision Paroles from
11state prisons and house of correction.
SB697, s. 60 12Section 60. 304.06 (1) (b) of the statutes, as affected by 2009 Wisconsin Act 28,
13is amended to read:
SB697,24,514 304.06 (1) (b) Except as provided in s. 961.49 (2), 1999 stats., sub. (1m) or s.
15302.045 (3), 302.05 (3) (b), 973.01 (6), or 973.0135, the earned release review parole
16commission may parole an inmate of the Wisconsin state prisons or any felon or any
17person serving at least one year or more in a county house of correction or a county
18reforestation camp organized under s. 303.07, when he or she has served 25% of the
19sentence imposed for the offense, or 6 months, whichever is greater. Except as
20provided in s. 939.62 (2m) (c) or 973.014 (1) (b) or (c), (1g) or (2), the earned release
21review
parole commission may parole an inmate serving a life term when he or she
22has served 20 years, as modified by the formula under s. 302.11 (1) and subject to
23extension under s. 302.11 (1q) and (2), if applicable. The person serving the life term
24shall be given credit for time served prior to sentencing under s. 973.155, including
25good time under s. 973.155 (4). The secretary may grant special action parole

1releases under s. 304.02. The department or the earned release review parole
2commission shall not provide any convicted offender or other person sentenced to the
3department's custody any parole eligibility or evaluation for parole or release to
4extended supervision
until the person has been confined at least 60 days following
5sentencing.
SB697, s. 61 6Section 61. 304.06 (1) (bg) of the statutes, as affected by 2009 Wisconsin Act
728
, is repealed.
SB697, s. 62 8Section 62. 304.06 (1) (bk) of the statutes, as affected by 2009 Wisconsin Act
928
, is repealed.
SB697, s. 63 10Section 63. 304.06 (1) (bn) of the statutes, as affected by 2009 Wisconsin Act
1128
, is repealed.
SB697, s. 64 12Section 64. 304.06 (1) (br) of the statutes, as affected by 2009 Wisconsin Act
1328
, is repealed.
SB697, s. 65 14Section 65. 304.06 (1) (c) (intro.) of the statutes, as affected by 2009 Wisconsin
15Act 28
, is amended to read:
SB697,24,1916 304.06 (1) (c) (intro.) If an inmate applies for parole or release to extended
17supervision
under this subsection, the earned release review parole commission
18shall make a reasonable attempt to notify the following, if they can be found, in
19accordance with par. (d):
SB697, s. 66 20Section 66. 304.06 (1) (d) 1. of the statutes, as affected by 2009 Wisconsin Act
2128
, is amended to read:
SB697,25,822 304.06 (1) (d) 1. The notice under par. (c) shall inform the offices and persons
23under par. (c) 1. to 3. of the manner in which they may provide written statements
24under this subsection, shall inform persons under par. (c) 3. of the manner in which
25they may attend interviews or hearings and make statements under par. (eg) and

1shall inform persons under par. (c) 3. who are victims, or family members of victims,
2of crimes specified in s. 940.01, 940.03, 940.05, 940.225 (1), (2), or (3) or (2), 948.02
3(1) or (2), 948.025, 948.06 or 948.07 of the manner in which they may have direct
4input in the decision-making process under par. (em) for parole or release to
5extended supervision
. The earned release review parole commission shall provide
6notice under this paragraph for an inmate's first application for parole or release to
7extended supervision
and, upon request, for subsequent applications for parole or
8release to extended supervision
.
SB697, s. 67 9Section 67. 304.06 (1) (d) 2. of the statutes, as affected by 2009 Wisconsin Act
1028
, is amended to read:
SB697,25,1311 304.06 (1) (d) 2. The notice shall be by 1st class mail to an office's or a person's
12last-known address sent at least 3 weeks before the interview or hearing upon the
13application for parole or release to extended supervision.
SB697, s. 68 14Section 68. 304.06 (1) (d) 3m. of the statutes, as affected by 2009 Wisconsin
15Act 28
, is amended to read:
SB697,25,1816 304.06 (1) (d) 3m. If applicable, the notice shall state the manner in which the
17person may have direct input in the decision-making process for parole or release
18to extended supervision
.
SB697, s. 69 19Section 69. 304.06 (1) (d) 4. of the statutes, as affected by 2009 Wisconsin Act
2028
, is amended to read:
SB697,25,2421 304.06 (1) (d) 4. If the notice is for a first application for parole or release to
22extended supervision
, the notice shall inform the offices and persons under par. (c)
231. to 3. that notification of subsequent applications for parole or release to extended
24supervision
will be provided only upon request.
SB697, s. 70
1Section 70. 304.06 (1) (e) of the statutes, as affected by 2009 Wisconsin Act 28,
2is amended to read:
SB697,26,93 304.06 (1) (e) The earned release review parole commission shall permit any
4office or person under par. (c) 1. to 3. to provide written statements. The earned
5release review
parole commission shall give consideration to any written statements
6provided by any such office or person and received on or before the date specified in
7the notice. This paragraph does not limit the authority of the earned release review
8parole commission to consider other statements or information that it receives in a
9timely fashion.
SB697, s. 71 10Section 71. 304.06 (1) (eg) of the statutes, as affected by 2009 Wisconsin Act
1128
, is amended to read:
SB697,26,1512 304.06 (1) (eg) The earned release review parole commission shall permit any
13person under par. (c) 3. to attend any interview or hearing on the application for
14parole or release to extended supervision of an applicable inmate and to make a
15statement at that interview or hearing.
SB697, s. 72 16Section 72. 304.06 (1) (em) of the statutes, as affected by 2009 Wisconsin Act
1728
, is amended to read:
SB697,26,2218 304.06 (1) (em) The earned release review parole commission shall promulgate
19rules that provide a procedure to allow any person who is a victim, or a family
20member of a victim, of a crime specified in s. 940.01, 940.03, 940.05, 940.225 (1), (2),
21or (3)
or (2), 948.02 (1) or (2), 948.025, 948.06 or 948.07 to have direct input in the
22decision-making process for parole or release to extended supervision.
SB697, s. 73 23Section 73. 304.06 (1) (f) of the statutes, as affected by 2009 Wisconsin Act 28,
24is amended to read:
SB697,27,17
1304.06 (1) (f) The earned release review parole commission shall design and
2prepare cards for persons specified in par. (c) 3. to send to the commission. The cards
3shall have space for these persons to provide their names and addresses, the name
4of the applicable prisoner and any other information the earned release review
5parole commission determines is necessary. The earned release review parole
6commission shall provide the cards, without charge, to district attorneys. District
7attorneys shall provide the cards, without charge, to persons specified in par. (c) 3.
8These persons may send completed cards to the earned release review parole
9commission. All commission records or portions of records that relate to mailing
10addresses of these persons are not subject to inspection or copying under s. 19.35 (1).
11Before any written statement of a person specified in par. (c) 3. is made a part of the
12documentary record considered in connection with a parole hearing for parole, or
13release to extended supervision
under this section, the earned release review parole
14commission shall obliterate from the statement all references to the mailing
15addresses of the person. A person specified in par. (c) 3. who attends an interview
16or hearing under par. (eg) may not be required to disclose at the interview or hearing
17his or her mailing addresses.
SB697, s. 74 18Section 74. 304.06 (1) (g) of the statutes, as affected by 2009 Wisconsin Act 28,
19is amended to read:
SB697,28,220 304.06 (1) (g) Before a person is released on parole or released to extended
21supervision
under this subsection, the earned release review parole commission
22shall so notify the municipal police department and the county sheriff for the area
23where the person will be residing. The notification requirement under this
24paragraph does not apply if a municipal department or county sheriff submits to the

1earned release review parole commission a written statement waiving the right to
2be notified. If applicable, the department shall also comply with s. 304.063.
SB697, s. 75 3Section 75. 304.06 (1m) (intro.) of the statutes, as affected by 2009 Wisconsin
4Act 28
, is amended to read:
SB697,28,75 304.06 (1m) (intro.) The earned release review parole commission may waive
6the 25% or 6-month service of sentence requirement under sub. (1) (b) under any of
7the following circumstances:
SB697, s. 76 8Section 76. 304.06 (1q) (b) of the statutes, as affected by 2009 Wisconsin Act
928
, is amended to read:
SB697,28,1510 304.06 (1q) (b) The earned release review parole commission or the department
11may require as a condition of parole that a serious child sex offender undergo
12pharmacological treatment using an antiandrogen or the chemical equivalent of an
13antiandrogen. This paragraph does not prohibit the department from requiring
14pharmacological treatment using an antiandrogen or the chemical equivalent of an
15antiandrogen as a condition of probation.
SB697, s. 77 16Section 77. 304.06 (1q) (c) of the statutes, as affected by 2009 Wisconsin Act
1728
, is amended to read:
SB697,28,2318 304.06 (1q) (c) In deciding whether to grant a serious child sex offender release
19on parole under this subsection, the earned release review parole commission may
20not consider, as a factor in making its decision, that the offender is a proper subject
21for pharmacological treatment using an antiandrogen or the chemical equivalent of
22an antiandrogen or that the offender is willing to participate in pharmacological
23treatment using an antiandrogen or the chemical equivalent of an antiandrogen.
SB697, s. 78 24Section 78. 304.06 (1x) of the statutes, as affected by 2009 Wisconsin Act 28,
25is amended to read:
SB697,29,4
1304.06 (1x) The earned release review parole commission may require as a
2condition of parole that the person is placed in the intensive sanctions program under
3s. 301.048. In that case, the person is in the legal custody of the department under
4that section and is subject to revocation of parole under sub. (3).
SB697, s. 79 5Section 79. 304.06 (2m) (d) of the statutes, as affected by 2009 Wisconsin Act
628
, is amended to read:
SB697,29,97 304.06 (2m) (d) The earned release review parole commission or the
8department shall determine a prisoner's county of residence for the purposes of this
9subsection by doing all of the following:
SB697,29,1310 1. The earned release review parole commission or the department shall
11consider residence as the voluntary concurrence of physical presence with intent to
12remain in a place of fixed habitation and shall consider physical presence as prima
13facie evidence of intent to remain.
SB697,29,1714 2. The earned release review parole commission or the department shall apply
15the criteria for consideration of residence and physical presence under subd. 1. to the
16facts that existed on the date that the prisoner committed the serious sex offense that
17resulted in the sentence the prisoner is serving.
SB697, s. 80 18Section 80. 304.06 (3) of the statutes, as affected by 2009 Wisconsin Act 28,
19is amended to read:
SB697,30,1920 304.06 (3) Every paroled prisoner paroled or released to extended supervision
21remains in the legal custody of the department unless otherwise provided by the
22department. If the department alleges that any condition or rule of parole or
23extended supervision
has been violated by the prisoner, the department may take
24physical custody of the prisoner for the investigation of the alleged violation. If the
25department is satisfied that any condition or rule of parole or extended supervision

1has been violated it shall afford the prisoner such administrative hearings as are
2required by law. Unless waived by the parolee or person on extended supervision,
3the final administrative hearing shall be held before a hearing examiner from the
4division of hearings and appeals in the department of administration who is licensed
5to practice law in this state. The hearing examiner shall enter an order revoking or
6not revoking parole or extended supervision. Upon request by either party, the
7administrator of the division of hearings and appeals shall review the order. The
8hearing examiner may order that a deposition be taken by audiovisual means and
9allow the use of a recorded deposition under s. 967.04 (7) to (10). If the parolee or
10person on extended supervision
waives the final administrative hearing, the
11secretary of corrections shall enter an order revoking or not revoking parole or
12extended supervision
. If the examiner, the administrator upon review, or the
13secretary in the case of a waiver finds that the prisoner has violated the rules or
14conditions of parole or extended supervision, the examiner, the administrator upon
15review, or the secretary in the case of a waiver, may order the prisoner returned to
16prison to continue serving his or her sentence, or to continue on parole or extended
17supervision
. If the prisoner claims or appears to be indigent, the department shall
18refer the prisoner to the authority for indigency determinations specified under s.
19977.07 (1).
SB697, s. 81 20Section 81. 304.06 (3e) of the statutes, as affected by 2009 Wisconsin Act 28,
21is amended to read:
SB697,31,422 304.06 (3e) The division of hearings and appeals in the department of
23administration shall make either an electronic or stenographic record of all
24testimony at each parole or extended supervision revocation hearing. The division
25shall prepare a written transcript of the testimony only at the request of a judge who

1has granted a petition for judicial review of the revocation decision. Each hearing
2notice shall include notice of the provisions of this subsection and a statement that
3any person who wants a written transcript may record the hearing at his or her own
4expense.
Loading...
Loading...