AB64,814,3
1302.11
(7) (c) The
parole commission department may subsequently parole,
2under s.
304.06 (1), and the department may subsequently parole, under s. 304.02
3or 304.06 (1), a parolee who is returned to prison for violation of a condition of parole.
AB64,1864
4Section
1864. 302.27 of the statutes is renumbered 302.27 (1) and amended
5to read:
AB64,814,116
302.27
(1) The department may contract with local governments for temporary
7housing or detention in county jails or county houses of correction for persons placed
8on probation or sentenced to imprisonment in state prisons or to the intensive
9sanctions program. The rate under any such contract may not exceed $60 per person
10per day. Nothing in this
section subsection limits the authority of the department
11to place persons in jails under s. 301.048 (3) (a) 1.
AB64,1865
12Section
1865. 302.27 (2) of the statutes is created to read:
AB64,814,1813
302.27
(2) Inmates who are assigned to detention in a county jail under sub.
14(1) may be eligible to participate in employment-related programs under s. 303.08
15(1) (a), (b), (bn), and (d). The sheriff, in conjunction with the department, shall
16determine inmate eligibility to participate in employment-related programs and
17may terminate program participation or return an inmate to state facilities, or both,
18at any time.
AB64,1866
19Section
1866. 304.01 (title) of the statutes is amended to read:
AB64,814,21
20304.01 (title)
Parole commission and commission chairperson; general
21duties.
AB64,1867
22Section
1867. 304.01 (1) of the statutes is amended to read:
AB64,814,2523
304.01
(1) The
chairperson of the parole commission shall administer and
24supervise the commission and its activities and director of parole shall be the final
25parole-granting authority
, except as provided in s. 304.02.
AB64,1868
1Section
1868. 304.01 (2) (intro.) of the statutes is renumbered 304.01 (2) and
2amended to read:
AB64,815,83
304.01
(2) The
parole commission
department shall conduct regularly
4scheduled interviews to consider the parole of eligible inmates of the adult
5correctional institutions under the control of the department of corrections, eligible
6inmates transferred under ch. 51 and under the control of the department of health
7services and eligible inmates in any county house of correction.
The department of
8corrections shall provide all of the following to the parole commission:
AB64,1869
9Section
1869. 304.01 (2) (a) of the statutes is repealed.
AB64,1870
10Section
1870. 304.01 (2) (b) of the statutes is repealed.
AB64,1871
11Section
1871. 304.01 (2) (c) of the statutes is repealed.
AB64,1872
12Section
1872. 304.01 (2) (d) of the statutes is repealed.
AB64,1873
13Section
1873. 304.06 (1) (b) of the statutes is amended to read:
AB64,816,414
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
parole commission department 16may parole an inmate of the Wisconsin state prisons or any felon or any person
17serving 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 percent
19of the sentence imposed for the offense, or 6 months, whichever is greater. Except
20as provided in s. 939.62 (2m) (c) or 973.014 (1) (b) or (c), (1g) or (2), the
parole
21commission department may parole an inmate serving a life term when he or she has
22served 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 parole commission shall not provide
2any convicted offender or other person sentenced to the department's custody any
3parole eligibility or evaluation until the person has been confined at least 60 days
4following sentencing.
AB64,1874
5Section
1874. 304.06 (1) (c) (intro.) of the statutes is amended to read:
AB64,816,86
304.06
(1) (c) (intro.) If an inmate applies for parole under this subsection, the
7parole commission department shall make a reasonable attempt to notify the
8following, if they can be found, in accordance with par. (d):
AB64,1875
9Section
1875. 304.06 (1) (d) 1. of the statutes is amended to read:
AB64,816,1910
304.06
(1) (d) 1. The notice under par. (c) shall inform the offices and persons
11under par. (c) 1. to 3. of the manner in which they may provide written statements
12under this subsection, shall inform persons under par. (c) 3. of the manner in which
13they may attend interviews or hearings and make statements under par. (eg) and
14shall inform persons under par. (c) 3. who are victims, or family members of victims,
15of crimes specified in s. 940.01, 940.03, 940.05, 940.225 (1), (2), or (3), 948.02 (1) or
16(2), 948.025, 948.06, or 948.07 of the manner in which they may have direct input in
17the parole decision-making process under par. (em). The
parole commission 18department shall provide notice under this paragraph for an inmate's first
19application for parole and, upon request, for subsequent applications for parole.
AB64,1876
20Section
1876. 304.06 (1) (e) of the statutes is amended to read:
AB64,817,221
304.06
(1) (e) The
parole commission department shall permit any office or
22person under par. (c) 1. to 3. to provide written statements. The
parole commission 23department shall give consideration to any written statements provided by any such
24office or person and received on or before the date specified in the notice. This
1paragraph does not limit the authority of the
parole commission department to
2consider other statements or information that it receives in a timely fashion.
AB64,1877
3Section
1877. 304.06 (1) (eg) of the statutes is amended to read:
AB64,817,64
304.06
(1) (eg) The
parole commission department shall permit any person
5under par. (c) 3. to attend any interview or hearing on the application for parole of
6an applicable inmate and to make a statement at that interview or hearing.
AB64,1878
7Section
1878. 304.06 (1) (em) of the statutes is amended to read:
AB64,817,128
304.06
(1) (em) The
parole commission department shall promulgate rules that
9provide a procedure to allow any person who is a victim, or a family member of a
10victim, of a crime specified in s. 940.01, 940.03, 940.05, 940.225 (1), (2), or (3), 948.02
11(1) or (2), 948.025, 948.06, or 948.07 to have direct input in the decision-making
12process for parole.
AB64,1879
13Section
1879. 304.06 (1) (f) of the statutes is amended to read:
AB64,818,414
304.06
(1) (f) The
parole commission department shall design and prepare
15cards for persons specified in par. (c) 3. to send to the
commission department. The
16cards shall have space for these persons to provide their names and addresses, the
17name of the applicable prisoner and any other information the
parole commission 18department determines is necessary. The
parole commission department shall
19provide the cards, without charge, to district attorneys. District attorneys shall
20provide the cards, without charge, to persons specified in par. (c) 3. These persons
21may send completed cards to the
parole commission
department. All
commission 22department records or portions of records that relate to mailing addresses of these
23persons are not subject to inspection or copying under s. 19.35 (1). Before any written
24statement of a person specified in par. (c) 3. is made a part of the documentary record
25considered in connection with a parole hearing under this section, the
parole
1commission department shall obliterate from the statement all references to the
2mailing addresses of the person. A person specified in par. (c) 3. who attends an
3interview or hearing under par. (eg) may not be required to disclose at the interview
4or hearing his or her mailing addresses.
AB64,1880
5Section
1880. 304.06 (1) (g) of the statutes is amended to read:
AB64,818,126
304.06
(1) (g) Before a person is released on parole under this subsection, the
7parole commission department shall so notify the municipal police department and
8the county sheriff for the area where the person will be residing. The notification
9requirement under this paragraph does not apply if a municipal department or
10county sheriff submits to the
parole commission
department a written statement
11waiving the right to be notified. If applicable, the department shall also comply with
12s. 304.063.
AB64,1881
13Section
1881. 304.06 (1m) (intro.) of the statutes is amended to read:
AB64,818,1614
304.06
(1m) (intro.) The
parole commission department may waive the 25
15percent or 6-month service of sentence requirement under sub. (1) (b) under any of
16the following circumstances:
AB64,1882
17Section
1882. 304.06 (1m) (b) of the statutes is amended to read:
AB64,818,2018
304.06
(1m) (b) If the department
recommends orders that the person be placed
19on parole that includes the condition under sub. (1x)
and the commission orders that
20condition.
AB64,1883
21Section
1883. 304.06 (1q) (b) of the statutes is amended to read:
AB64,819,222
304.06
(1q) (b) The
parole commission or the department may require as a
23condition of parole that a serious child sex offender undergo pharmacological
24treatment using an antiandrogen or the chemical equivalent of an antiandrogen.
25This paragraph does not prohibit the department from requiring pharmacological
1treatment using an antiandrogen or the chemical equivalent of an antiandrogen as
2a condition of probation.
AB64,1884
3Section
1884. 304.06 (1q) (c) of the statutes is amended to read:
AB64,819,94
304.06
(1q) (c) In deciding whether to grant a serious child sex offender release
5on parole under this subsection, the
parole commission department may not
6consider, as a factor in making its decision, that the offender is a proper subject for
7pharmacological treatment using an antiandrogen or the chemical equivalent of an
8antiandrogen or that the offender is willing to participate in pharmacological
9treatment using an antiandrogen or the chemical equivalent of an antiandrogen.
AB64,1885
10Section
1885. 304.06 (1x) of the statutes is amended to read:
AB64,819,1411
304.06
(1x) The
parole commission
department may require as a condition of
12parole that the person is placed in the intensive sanctions program under s. 301.048.
13In that case, the person is in the legal custody of the department under that section
14and is subject to revocation of parole under sub. (3).
AB64,1886
15Section
1886. 304.06 (2) of the statutes is amended to read:
AB64,819,1916
304.06
(2) No prisoner under sub. (1) may be paroled until the
parole
17commission department is satisfied that the prisoner has adequate plans for suitable
18employment or to otherwise sustain himself or herself. The paroled prisoner shall
19report to the department in such manner and at such times as it requires.
AB64,1887
20Section
1887. 304.06 (2m) (d) (intro.) of the statutes is amended to read:
AB64,819,2321
304.06
(2m) (d) (intro.) The
parole commission or the department shall
22determine a prisoner's county of residence for the purposes of this subsection by
23doing all of the following:
AB64,1888
24Section
1888. 304.06 (2m) (d) 1. of the statutes is amended to read:
AB64,820,4
1304.06
(2m) (d) 1. The
parole commission or the department shall consider
2residence as the voluntary concurrence of physical presence with intent to remain
3in a place of fixed habitation and shall consider physical presence as prima facie
4evidence of intent to remain.
AB64,1889
5Section
1889. 304.06 (2m) (d) 2. of the statutes is amended to read:
AB64,820,96
304.06
(2m) (d) 2. The
parole commission or the department shall apply the
7criteria for consideration of residence and physical presence under subd. 1. to the
8facts that existed on the date that the prisoner committed the serious sex offense that
9resulted in the sentence the prisoner is serving.
AB64,1890
10Section
1890. 304.071 (1) of the statutes is amended to read:
AB64,820,2411
304.071
(1) The
parole commission
department may at any time grant a parole
12to any prisoner in any penal institution of this state, or
the department may at any
13time suspend the supervision of any person who is on probation or parole
to the
14department, if the prisoner or person on probation or parole is eligible for induction
15into the U.S. armed forces. The suspension of parole or probation shall be for the
16duration of his or her service in the armed forces; and the parole or probation shall
17again become effective upon his or her discharge from the armed forces in accordance
18with regulations prescribed by the department. If he or she receives an honorable
19discharge from the armed forces, the governor may discharge him or her and the
20discharge has the effect of a pardon. Upon the suspension of parole or probation by
21the department, the department shall issue an order setting forth the conditions
22under which the parole or probation is suspended, including instructions as to where
23and when and to whom the person on parole shall report upon discharge from the
24armed forces.
AB64,1891
25Section
1891. 323.13 (1) (g) of the statutes is created to read:
AB64,821,16
1323.13
(1) (g) Notify the joint committee on finance in writing of the specific
2costs incurred as a result of the activation of the state emergency operations center
3under sub. (2) (i) for more than 36 hours. The adjutant general shall include in that
4notification information concerning all costs incurred for equipment and supplies
5obtained to assist local units of government and local law enforcement in responding
6to a disaster, overtime costs for division personnel, and meals for personnel staffing
7the emergency operations center. The requested costs shall be paid from the
8appropriation under s. 20.465 (3) (u) if the cochairpersons of the joint committee on
9finance fail to notify the adjutant general within 14 working days after the date of
10the adjutant general's notification under this paragraph that the committee has
11scheduled a meeting to review the adjutant general's request. If, within 14 working
12days after the date of the adjutant general's notification under this paragraph, the
13cochairpersons of the committee notify the adjutant general that the committee has
14scheduled a meeting to review the adjutant general's request, the requested costs
15may be paid from the appropriation under s. 20.465 (3) (u) only as approved by the
16committee.
AB64,1892
17Section
1892. 323.13 (2) (i) of the statutes is created to read:
AB64,821,1918
323.13
(2) (i) Operate a state emergency operations center during a state of
19emergency declared under s. 323.10.
AB64,1893
20Section
1893. 323.62 of the statutes is created to read:
AB64,821,24
21323.62 Mobile field force grants. From the appropriation under s. 20.465
22(3) (dm), the division may award grants to Wisconsin law enforcement agencies, as
23defined in s. 165.77 (1) (c), to fund crowd-control training and equipment used for
24crowd control.
AB64,1894
25Section
1894. 341.14 (6r) (b) 10. of the statutes is amended to read:
AB64,822,12
1341.14
(6r) (b) 10. An additional fee of $25 that is in addition to the fee under
2subd. 2. shall be charged for the issuance or renewal of a plate issued on an annual
3basis for the special group specified under par. (f) 57. An additional fee of $50 that
4is in addition to the fee under subd. 2. shall be charged for the issuance or renewal
5of a plate issued on the biennial basis for the special group specified under par. (f) 57.
6if the plate is issued or renewed during the first year of the biennial registration
7period or $25 for the issuance or renewal if the plate is issued or renewed during the
82nd year of the biennial registration period. All moneys received under this
9subdivision, in excess of $27,600 for the initial costs of production of the special group
10plate under par. (f) 57., shall be credited to the appropriation account under s.
20.435
11(1) 20.395 (5) (gi). To the extent permitted under ch. 71, the fee under this subdivision
12is deductible as a charitable contribution for purposes of the taxes under ch. 71.
AB64,1895
13Section
1895. 341.14 (6r) (b) 11. of the statutes is amended to read:
AB64,822,2514
341.14
(6r) (b) 11. An additional fee of $25 that is in addition to the fee under
15subd. 2. shall be charged for the issuance or renewal of a plate issued on an annual
16basis for the special group specified under par. (f) 58. An additional fee of $50 that
17is in addition to the fee under subd. 2. shall be charged for the issuance or renewal
18of a plate issued on the biennial basis for the special group specified under par. (f) 58.
19if the plate is issued or renewed during the first year of the biennial registration
20period or $25 for the issuance or renewal if the plate is issued or renewed during the
212nd year of the biennial registration period. To the extent permitted under ch. 71,
22the fee under this subdivision is deductible as a charitable contribution for purposes
23of the taxes under ch. 71. All moneys received under this subdivision, in excess of
24$43,200 for the initial costs of production of the special group plate under par. (f) 58.,
25shall be credited to the appropriation account under s.
20.435 (1) (g) 20.395 (5) (gj).
AB64,1896
1Section
1896. 343.14 (2) (gh) of the statutes is amended to read:
AB64,823,42
343.14
(2) (gh) A question as to whether the applicant wishes to designate an
3additional $2 to support the efforts of Donate Life Wisconsin for the purposes
4described under s.
250.17 (1) 341.14 (8w).
AB64,1897
5Section
1897. 343.21 (1) (o) of the statutes is amended to read:
AB64,823,106
343.21
(1) (o) In addition to any other fee under this subsection, $2 for any
7person making a designation of an additional $2 to support the efforts of Donate Life
8Wisconsin under s. 343.14 (2) (gh) or 343.50 (4). From the moneys received under this
9paragraph, 90 percent shall be deposited into the general fund and credited to the
10appropriation account under s.
20.435 (1) (g)
20.395 (5) (gj).
AB64,1898
11Section
1898. 346.95 (1m) of the statutes is created to read:
AB64,823,1312
346.95
(1m) Any person violating s. 346.89 (1) or (3) (a) may be required to
13forfeit not less than $40 nor more than $400.
AB64,1899
14Section
1899. 346.95 (2) of the statutes is amended to read:
AB64,823,1615
346.95
(2) Any person violating s.
346.89 (1) or (3) (a) or 346.94 (2), (4), or (7)
16may be required to forfeit not less than $20 nor more than $400.
AB64,1900
17Section
1900. 348.105 (4) of the statutes is amended to read:
AB64,823,2318
348.105
(4) An application for a permit shall be made to the department using
19an electronic application process established by the department. The department
20shall charge a fee of $1,800 for a permit. All moneys received from fees imposed by
21the department under this subsection shall be deposited in the
general 22transportation fund
and credited to the appropriation account under s. 20.395 (5)
23(dg).
AB64,1901
24Section
1901. 440.023 of the statutes is created to read:
AB64,824,2
1440.023 Occupational license review council. (1) Definitions:. In this
2section:
AB64,824,33
(a) “Council” means the occupational license review council.
AB64,824,44
(b) “Occupational license” means any of the following:
AB64,824,65
1. A license, permit, certification, registration, or other approval granted under
6s. 167.10 (6m) or under ch. 101 or 145 or under chs. 440 to 480.
AB64,824,117
2. A license, permit, certification, registration, or other approval not included
8under subd. 1., if granted to a person by this state in order that the person may
9engage in a profession, occupation, or trade in this state or in order that the person
10may use one or more titles in association with his or her profession, occupation, or
11trade.
AB64,824,17
12(2) Report. No later than December 31, 2018, the council shall submit a report
13to the governor, the chief of the legislative reference bureau, and the chief clerk of
14each house of the legislature for distribution to the legislature under s. 13.172 (2).
15In preparing the report, the council shall take into account the impact the council
16estimates its recommendations will have on state revenues and expenditures. The
17report shall include all of the following:
AB64,824,1918
(a) The council's recommendations for the elimination of occupational licenses
19based on all of the following:
AB64,824,2320
1. The council's evaluation of whether the unregulated practice of the
21profession, occupation, or trade can clearly harm or endanger the health, safety, or
22welfare of the public, and whether the potential for the harm is recognizable and not
23remote or speculative.
AB64,824,2524
2. The council's evaluation of whether the public reasonably benefits from the
25occupational license requirement.
AB64,825,2
13. The council's evaluation of whether the public can be effectively protected
2by any means other than requiring an occupational license.
AB64,825,43
3. The council's analysis of whether licensure requirements for the regulated
4profession, occupation, or trade exist in other states.
AB64,825,65
4. The council's estimate of the number of individuals or entities that are
6affected by the occupational license requirement.
AB64,825,117
5. The council's estimate of the total financial burden imposed on individuals
8or entities as a result of the occupational licensure requirement, including education
9or training costs, examination fees, private credential fees, occupational license fees
10imposed by the state, and other costs individuals or entities incur in order to obtain
11the required occupational license.
AB64,825,1312
6. Any statement or analysis provided by the agency or board administering
13the occupation license.
AB64,825,1614
(b) The council's recommendations for the reduction or elimination of
15continuing education requirements for occupational licenses not recommended for
16elimination under par. (a).
AB64,825,18
17(3) Legislative action. (a) The legislative reference bureau shall prepare
18legislation that gives effect to the council's recommendations under sub. (2).
AB64,825,2419
(b) A bill prepared under par. (a) shall be introduced without change in each
20house of the legislature by the joint committee on legislative organization and shall
21be put on the calendar or referred to the appropriate scheduling committee of each
22house, except that the joint committee on legislative organization may submit the bill
23or a suitable portion of the bill to an appropriate legislative committee for advisory
24recommendations.