SB27-SSA1,1263,1411
302.114
(9) (c) A person who is subsequently released to extended supervision
12under par. (bm) is subject to all conditions and rules under sub. (8) until the
13expiration of the sentence
or until the department discharges the person under s.
14973.01 (4m), whichever is appropriate.
SB27-SSA1,1263,2516
302.388
(2) (g) If a prisoner's health summary form or complete medical file
17indicates that the prisoner has a communicable disease and if disclosure of that
18information is necessary for the health and safety of the prisoner or of other
19prisoners, of a correctional officer who has custody of or is responsible for the
20supervision of the prisoner, of a person designated by a jailer to have custodial
21authority over the prisoner, of any other employee of the prison or jail, or of a law
22enforcement officer or other person who is responsible for transferring the prisoner
23to or from a prison or jail, receiving institution intake staff shall disclose that
24information to the persons specified in par. (f) 1. to 4. and to that correctional officer,
25person with custodial authority, law enforcement officer, or other person.
SB27-SSA1,1264,123
302.388
(3) (b) If a prisoner's treatment summary indicates that the prisoner
4has a communicable disease and if disclosure of that information is necessary for the
5health and safety of the prisoner or of other prisoners, of a correctional officer who
6has custody of or is responsible for the supervision of the prisoner, of a person
7designated by a jailer to have custodial authority over the prisoner, of any employee
8of the prison or jail, or of a law enforcement officer or other person who is responsible
9for transferring the prisoner to or from a prison or jail, the department or jailer shall
10disclose that information to the persons to whom a treatment summary may be made
11available under par. (a) and to that correctional officer, person with custodial
12authority, law enforcement officer, or other person.
SB27-SSA1,1264,15
14304.01 (title)
Earned release review Parole commission and
15commission chairperson; general duties.
SB27-SSA1,1264,2017
304.01
(1) The chairperson of the
earned release review parole commission
18shall administer and supervise the commission and its activities and shall be the
19final
parole-granting authority
for granting parole or release to extended
20supervision, except as provided in s. 304.02.
SB27-SSA1, s. 1941
21Section
1941. 304.01 (2) (intro.) of the statutes is amended to read:
SB27-SSA1,1265,322
304.01
(2) (intro.) The
earned release review parole commission shall conduct
23regularly scheduled interviews to consider the parole
or release to extended
24supervision of eligible inmates of the adult correctional institutions under the
25control of the department of corrections, eligible inmates transferred under ch. 51
1and under the control of the department of health services and eligible inmates in
2any county house of correction. The department of corrections shall provide all of the
3following to the
earned release review parole commission:
SB27-SSA1,1265,75
304.01
(2) (b) Scheduling assistance for
parole interviews
for prisoners who
6have applied for parole or release to extended supervision at the correctional
7institutions.
SB27-SSA1,1265,109
304.01
(2) (c) Clerical support related to the
parole interviews
for prisoners who
10have applied for parole or release to extended supervision.
SB27-SSA1,1265,1412
304.01
(2) (d) Appropriate physical space at the correctional institutions to
13conduct the
parole interviews
for prisoners who have applied for parole or release to
14extended supervision.
SB27-SSA1,1265,17
16304.06 (title)
Release to parole or extended supervision Paroles from
17state prisons and house of correction.
SB27-SSA1,1266,1019
304.06
(1) (b) Except as provided in s. 961.49 (2), 1999 stats., sub. (1m) or s.
20302.045 (3), 302.05 (3) (b), 973.01 (6), or 973.0135, the
earned release review parole 21commission may parole an inmate of the Wisconsin state prisons or any felon or any
22person serving at least one year or more in a county house of correction or a county
23reforestation camp organized under s. 303.07, when he or she has served 25% of the
24sentence imposed for the offense, or 6 months, whichever is greater. Except as
25provided in s. 939.62 (2m) (c) or 973.014 (1) (b) or (c), (1g) or (2), the
earned release
1review parole commission may parole an inmate serving a life term when he or she
2has served 20 years, as modified by the formula under s. 302.11 (1) and subject to
3extension under s. 302.11 (1q) and (2), if applicable. The person serving the life term
4shall be given credit for time served prior to sentencing under s. 973.155, including
5good time under s. 973.155 (4). The secretary may grant special action parole
6releases under s. 304.02. The department or the
earned release review parole 7commission shall not provide any convicted offender or other person sentenced to the
8department's custody any
parole eligibility or evaluation
for parole or release to
9extended supervision until the person has been confined at least 60 days following
10sentencing.
SB27-SSA1, s. 1951
15Section
1951. 304.06 (1) (c) (intro.) of the statutes is amended to read:
SB27-SSA1,1266,1916
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):
SB27-SSA1,1267,721
304.06
(1) (d) 1. The notice under par. (c) shall inform the offices and persons
22under par. (c) 1. to 3. of the manner in which they may provide written statements
23under this subsection, shall inform persons under par. (c) 3. of the manner in which
24they may attend interviews or hearings and make statements under par. (eg) and
25shall inform persons under par. (c) 3. who are victims, or family members of victims,
1of crimes specified in s. 940.01, 940.03, 940.05, 940.225 (1), (2), or (3), 948.02 (1) or
2(2), 948.025, 948.06
, or 948.07 of the manner in which they may have direct input in
3the
parole decision-making process under par. (em)
for parole or release to extended
4supervision. The
earned release review parole commission shall provide notice
5under this paragraph for an inmate's first application for parole
or release to
6extended supervision and, upon request, for subsequent applications for parole
or
7release to extended supervision.
SB27-SSA1,1267,119
304.06
(1) (d) 2. The notice shall be by 1st class mail to an office's or a person's
10last-known address sent at least 3 weeks before the interview or hearing upon the
11application for parole
or release to extended supervision.
SB27-SSA1,1267,1513
304.06
(1) (d) 3m. If applicable, the notice shall state the manner in which the
14person may have direct input in the decision-making process for parole
or release
15to extended supervision.
SB27-SSA1,1267,2017
304.06
(1) (d) 4. If the notice is for a first application for parole
or release to
18extended supervision, the notice shall inform the offices and persons under par. (c)
191. to 3. that notification of subsequent applications for parole
or release to extended
20supervision will be provided only upon request.
SB27-SSA1,1268,322
304.06
(1) (e) The
earned release review parole commission shall permit any
23office or person under par. (c) 1. to 3. to provide written statements. The
earned
24release review parole commission shall give consideration to any written statements
25provided by any such office or person and received on or before the date specified in
1the notice. This paragraph does not limit the authority of the
earned release review 2parole commission to consider other statements or information that it receives in a
3timely fashion.
SB27-SSA1,1268,85
304.06
(1) (eg) The
earned release review parole commission shall permit any
6person under par. (c) 3. to attend any interview or hearing on the application for
7parole
or release to extended supervision of an applicable inmate and to make a
8statement at that interview or hearing.
SB27-SSA1,1268,1410
304.06
(1) (em) The
earned release review parole commission shall promulgate
11rules that provide a procedure to allow any person who is a victim, or a family
12member of a victim, of a crime specified in s. 940.01, 940.03, 940.05, 940.225 (1), (2),
13or (3), 948.02 (1) or (2), 948.025, 948.06
, or 948.07 to have direct input in the
14decision-making process for parole
or release to extended supervision.
SB27-SSA1,1269,716
304.06
(1) (f) The
earned release review parole commission shall design and
17prepare cards for persons specified in par. (c) 3. to send to the commission. The cards
18shall have space for these persons to provide their names and addresses, the name
19of the applicable prisoner and any other information the
earned release review 20parole commission determines is necessary. The
earned release review parole 21commission shall provide the cards, without charge, to district attorneys. District
22attorneys shall provide the cards, without charge, to persons specified in par. (c) 3.
23These persons may send completed cards to the
earned release review parole 24commission. All commission records or portions of records that relate to mailing
25addresses of these persons are not subject to inspection or copying under s. 19.35 (1).
1Before any written statement of a person specified in par. (c) 3. is made a part of the
2documentary record considered in connection with a
parole hearing
for parole, or
3release to extended supervision under this section, the
earned release review parole 4commission shall obliterate from the statement all references to the mailing
5addresses of the person. A person specified in par. (c) 3. who attends an interview
6or hearing under par. (eg) may not be required to disclose at the interview or hearing
7his or her mailing addresses.
SB27-SSA1,1269,159
304.06
(1) (g) Before a person is released on parole
or released to extended
10supervision under this subsection, the
earned release review parole commission
11shall so notify the municipal police department and the county sheriff for the area
12where the person will be residing. The notification requirement under this
13paragraph does not apply if a municipal department or county sheriff submits to the
14earned release review parole commission a written statement waiving the right to
15be notified. If applicable, the department shall also comply with s. 304.063.
SB27-SSA1, s. 1961
16Section
1961. 304.06 (1m) (intro.) of the statutes is amended to read:
SB27-SSA1,1269,1917
304.06
(1m) (intro.) The
earned release review parole commission may waive
18the 25% or 6-month service of sentence requirement under sub. (1) (b) under any of
19the following circumstances:
SB27-SSA1,1270,221
304.06
(1q) (b) The
earned release review parole commission or the department
22may require as a condition of parole that a serious child sex offender undergo
23pharmacological treatment using an antiandrogen or the chemical equivalent of an
24antiandrogen. This paragraph does not prohibit the department from requiring
1pharmacological treatment using an antiandrogen or the chemical equivalent of an
2antiandrogen as a condition of probation.
SB27-SSA1,1270,94
304.06
(1q) (c) In deciding whether to grant a serious child sex offender release
5on parole under this subsection, the
earned release review parole commission may
6not consider, as a factor in making its decision, that the offender is a proper subject
7for pharmacological treatment using an antiandrogen or the chemical equivalent of
8an antiandrogen or that the offender is willing to participate in pharmacological
9treatment using an antiandrogen or the chemical equivalent of an antiandrogen.
SB27-SSA1,1270,1411
304.06
(1x) The
earned release review
parole commission may require as a
12condition of parole that the person is placed in the intensive sanctions program under
13s. 301.048. In that case, the person is in the legal custody of the department under
14that section and is subject to revocation of parole under sub. (3).
SB27-SSA1,1270,1816
304.06
(2m) (d) The
earned release review parole commission or the
17department shall determine a prisoner's county of residence for the purposes of this
18subsection by doing all of the following:
SB27-SSA1,1270,2219
1. The
earned release review parole commission or the department shall
20consider residence as the voluntary concurrence of physical presence with intent to
21remain in a place of fixed habitation and shall consider physical presence as prima
22facie evidence of intent to remain.
SB27-SSA1,1271,223
2. The
earned release review parole commission or the department shall apply
24the criteria for consideration of residence and physical presence under subd. 1. to the
1facts that existed on the date that the prisoner committed the serious sex offense that
2resulted in the sentence the prisoner is serving.
SB27-SSA1,1272,34
304.06
(3) Every
paroled prisoner
paroled or released to extended supervision 5remains in the legal custody of the department unless otherwise provided by the
6department. If the department alleges that any condition or rule of parole
or
7extended supervision has been violated by the prisoner, the department may take
8physical custody of the prisoner for the investigation of the alleged violation. If the
9department is satisfied that any condition or rule of parole
or extended supervision 10has been violated it shall afford the prisoner such administrative hearings as are
11required by law. Unless waived by the parolee
or person on extended supervision,
12the final administrative hearing shall be held before a hearing examiner from the
13division of hearings and appeals in the department of administration who is licensed
14to practice law in this state. The hearing examiner shall enter an order revoking or
15not revoking parole
or extended supervision. Upon request by either party, the
16administrator of the division of hearings and appeals shall review the order. The
17hearing examiner may order that a deposition be taken by audiovisual means and
18allow the use of a recorded deposition under s. 967.04 (7) to (10). If the parolee
or
19person on extended supervision waives the final administrative hearing, the
20secretary of corrections shall enter an order revoking or not revoking parole
or
21extended supervision. If the examiner, the administrator upon review, or the
22secretary in the case of a waiver finds that the prisoner has violated the rules or
23conditions of parole
or extended supervision, the examiner, the administrator upon
24review, or the secretary in the case of a waiver, may order the prisoner returned to
25prison to continue serving his or her sentence, or to continue on parole
or extended
1supervision. If the prisoner claims or appears to be indigent, the department shall
2refer the prisoner to the authority for indigency determinations specified under s.
3977.07 (1).
SB27-SSA1,1272,125
304.06
(3e) The division of hearings and appeals in the department of
6administration shall make either an electronic or stenographic record of all
7testimony at each parole
or extended supervision revocation hearing. The division
8shall prepare a written transcript of the testimony only at the request of a judge who
9has granted a petition for judicial review of the revocation decision. Each hearing
10notice shall include notice of the provisions of this subsection and a statement that
11any person who wants a written transcript may record the hearing at his or her own
12expense.
SB27-SSA1,1272,1614
304.06
(3m) If the convicting court is informed by the department that a
15prisoner on parole
or extended supervision has absconded and that the prisoner's
16whereabouts are unknown, the court may issue a capias for execution by the sheriff.
SB27-SSA1,1273,918
304.071
(1) The
earned release review
parole commission may at any time
19grant a parole
or release to extended supervision to any prisoner in any penal
20institution of this state, or the department may at any time suspend the supervision
21of any person who is on probation
, or parole
, or extended supervision to the
22department, if the prisoner or person on probation
,
or parole
, or extended
23supervision is eligible for induction into the U.S. armed forces. The suspension of
24parole
, extended supervision, or probation shall be for the duration of his or her
25service in the armed forces; and the parole
, extended supervision, or probation shall
1again become effective upon his or her discharge from the armed forces in accordance
2with regulations prescribed by the department. If he or she receives an honorable
3discharge from the armed forces, the governor may discharge him or her and the
4discharge has the effect of a pardon. Upon the suspension of parole
, extended
5supervision, or probation by the department, the department shall issue an order
6setting forth the conditions under which the parole
, extended supervision, or
7probation is suspended, including instructions as to where and when and to whom
8the person on parole
or extended supervision shall report upon discharge from the
9armed forces.
SB27-SSA1,1273,1211
321.40
(3) (b) 1. Be submitted to the department for approval of payment no
12later than
60 90 days after the completion date of the course;
SB27-SSA1,1273,1714
340.01
(18j) "Federal out-of-service order for unsatisfactory safety
15compliance" means an out-of-service order issued by the federal motor carrier safety
16administration under
49 CFR 385.13 (a), 385.105 (b), 385.111 (a) or (c), 385.325 (c),
17385.337 (b), 386.72 (b) (2), 386.83 (a) (1), or 386.84 (a) (1).
SB27-SSA1,1274,219
341.10
(16) The applicant has applied for registration under the international
20registration plan specified in s. 341.405 and, in the registration application, the
21applicant has identified as the motor carrier responsible for the safety of the motor
22vehicle to be registered a motor carrier for which the department has received notice
23that the motor carrier is subject to a federal out-of-service order for unsatisfactory
24safety compliance. This subsection does not prohibit the applicant from registering
1the motor vehicle under any applicable provision of this chapter other than s.
2341.405.
SB27-SSA1,1274,114
341.10
(17) The applicant has applied for registration under the international
5registration plan specified in s. 341.405 and the motor vehicle for which application
6is made has been identified by the federal motor carrier safety administration as
7having been assigned for safety to a motor carrier whose business is operated,
8managed, or otherwise controlled or affiliated with a person that has been issued a
9federal out-of-service order for unsatisfactory safety compliance. This subsection
10does not prohibit the applicant from registering the motor vehicle under any
11applicable provision of this chapter other than s. 341.405.
SB27-SSA1,1275,6
14341.135 Rebasing registration plates. At intervals determined by the
15department, the department shall establish new designs of registration plates to be
16issued under ss. 341.14 (1), (1a), (1m), (1q), (2), (2m), (6m), and (6r), 341.25 (1) (a),
17(c), (h), and (j) and (2) (a), (b), and (c), and 341.26 (2) and (3) (a) 1. and (am). Any
18design for registration plates issued for automobiles and for vehicles registered on
19the basis of gross weight shall comply with the applicable design requirements of ss.
20341.12 (3), 341.13, and 341.14 (6r) (c). The designs for registration plates specified
21in this section shall be as similar in appearance as practicable during each design
22interval. Except as provided in ss. 341.13 (2r) and 341.14 (1), each registration plate
23issued under s. 341.14 (1), (1a), (1m), (1q), (2), (2m), (6m), or (6r), 341.25 (1) (a), (c),
24(h), or (j) or (2) (a), (b), or (c), or 341.26 (2) or (3) (a) 1. or (am) during each design
25interval shall be of the design established under this section. The department may
1not redesign registration plates for the special groups under s. 341.14 (6r) (f) 53., 54.,
2or 55. until July 1, 2010. Notwithstanding s. 341.13 (3), as the department
3establishes new designs for registration plates under this section, the department
4shall, at the time determined appropriate by the department, issue registration
5plates of the new design to replace registration plates previously issued. This section
6does not apply to special group plates under s. 341.14 (6r) (f) 19m.
, 33m., and 48m.
SB27-SSA1,1275,198
341.14
(6r) (b) 4. An additional fee of $20 that is in addition to the fee under
9subd. 2. shall be charged for the issuance or renewal of a plate issued on an annual
10basis for a special group specified under par. (f) 35. to 47. An additional fee of $40
11that is in addition to the fee under subd. 2. shall be charged for the issuance or
12renewal of a plate issued on a biennial basis for a special group specified under par.
13(f) 35. to 47. if the plate is issued or renewed during the first year of the biennial
14registration period or $20 for the issuance or renewal if the plate is issued or renewed
15during the 2nd year of the biennial registration period. The fee under this
16subdivision is deductible as a charitable contribution for purposes of the taxes under
17ch. 71.
The department shall pay all moneys received under this subdivision to the
18Board of Regents of the University of Wisconsin system to fund the scholarship
19programs under s. 36.44.
SB27-SSA1,1277,521
341.14
(6r) (c) Special group plates shall display the word "Wisconsin", the
22name of the applicable authorized special group, a symbol representing the special
23group, not exceeding one position, and identifying letters or numbers or both, not
24exceeding 6 positions and not less than one position.
The Except as provided in this
25paragraph, the department shall specify the design for special group plates, but the
1department shall consult the president of the University of Wisconsin System before
2specifying the word or symbol used to identify the special groups under par. (f) 35.
3to 47., the secretary of natural resources before specifying the word or symbol used
4to identify the special groups under par. (f) 50. and 59., the chief executive officer of
5the professional football team and an authorized representative of the league of
6professional football teams described in s. 229.823 to which that team belongs before
7specifying the design for the applicable special group plate under par. (f) 55., the chief
8trademark officer of Harley-Davidson Michigan, LLC before specifying the design
9for the applicable special group plate under par. (f) 61r., the department of veterans
10affairs before specifying the design for the special group plates under par. (f) 49d.,
1149h., and 49s., and the department of tourism and chief executive officer of the
12organization specified in par. (f) 55m. before specifying the design and word or
13symbol used to identify the special group name for special group plates under par.
14(f) 55m. Special group plates under par. (f) 50. shall be as similar as possible to
15regular registration plates in color and design. The department shall make available
162 designs for the special group plates under par. (f) 60. The department may not
17specify any design for the special group plates under par. (f) 60. unless the design is
18approved by the executive vice president of the Milwaukee Brewers Baseball Club
19LP. The word or symbol used to identify the special group under par. (f) 59. shall be
20different from the word or symbol used to identify the special group under par. (f) 50.
21and the design shall cover the entire plate. Special group plates under par. (f) 61m.
22shall display a logo or image of the lion associated with the Lions Clubs
23International. Special group plates under par. (f) 61r. shall display a bar and shield
24logo associated with Harley-Davidson, Inc., on the left portion of the plates and the
25words "share the road" on the bottom portion of the plates.
Notwithstanding par. (e),
1special group plates under par. (f) 33m. and 48m. shall be the same color and design
2that was specified by the department for special group plates under par. (f) 33. and
348., respectively, immediately prior to January 1, 2007. The design for special group
4plates under par. (f) 33. and 48. shall be different from the design of special group
5plates under par. (f) 33m. and 48m., respectively.
SB27-SSA1,1277,87
341.14
(6r) (f) 33m. Fire fighters and surviving spouses of fire fighters who die
8in the line of duty.
SB27-SSA1,1277,1010
341.14
(6r) (f) 48m. Emergency medical technicians and first responders.
SB27-SSA1,1277,1913
341.14
(6r) (fm) 7. After October 1, 1998, additional authorized special groups
14may only be special groups designated by the department under this paragraph. The
15authorized special groups enumerated in par. (f) shall be limited solely to those
16special groups specified under par. (f) on October 1, 1998. This subdivision does not
17apply to the special groups specified under par. (f) 3m., 6m., 9g., 9m., 12g., 12m.,15m.,
1819m.,
33m., 48m., 49d., 49h., 49s., 54., 55., 55m., 56., 57., 58., 59., 60., 61., 61m., and
1961r.
SB27-SSA1, s. 3101p
20Section 3101p. 341.14 (6r) (g) 1. and 2. of the statutes are amended to read:
SB27-SSA1,1278,321
341.14
(6r) (g) 1. Except as provided in subd. 2. and sub. (8) (a), if an individual
22in possession of special plates under par. (f) 33.,
33m., 34.
or, 48.
, or 48m. or of
23personalized plates under s. 341.145 (1) (c) of the same color and design as special
24plates under par. (f) 33.,
33m., 34.
or
, 48.
, or 48m. does not maintain membership in
25the applicable authorized special group during a year that is not a plate issuance
1year, the individual shall dispose of the special plates in a manner prescribed by the
2department. This paragraph does not apply to plates issued to the surviving spouse
3of a fire fighter who died in the line of duty.