2019 - 2020 LEGISLATURE
January 30, 2020 - Introduced by Representatives Goyke, Gruszynski, Sargent,
C. Taylor, Zamarripa, Neubauer, Anderson, Pope, Subeck, Emerson, Bowen,
Stubbs, Kolste, Crowley, Considine, L. Myers, Ohnstad and Billings,
cosponsored by Senators L. Taylor, Johnson, Larson, Risser and Smith.
Referred to Committee on Corrections.
1An Act to amend
20.410 (1) (a), 20.410 (1) (ab), 302.05 (title), 302.05 (1) (am) 2
(intro.), 302.05 (1) (b), 302.05 (2), 302.05 (3) (b), 302.05 (3) (c) 2. (intro.) and 3
302.05 (3) (d); and to create
20.410 (1) (ki), 302.05 (1) (c) and 302.05 (4) of the 4
statutes; relating to: earned release upon the completion of a training
5program, reporting on the aging and elderly prison population, and making an
Analysis by the Legislative Reference Bureau
This bill adds inmates who complete a vocational readiness training program
while incarcerated to the earned release program. Under current law, if an eligible
inmate successfully completes a substance abuse treatment program, the inmate
becomes eligible for parole or release to extended supervision regardless of the time
the inmate has served. Under the bill, an inmate may become eligible for parole or
release to extended supervision regardless of the time the inmate has served if, while
incarcerated, he or she successfully completes an educational, vocational, treatment,
or other qualifying training program that is evidence-based to reduce recidivism.
Under the bill, an inmate may qualify to participate in the earned release program
if he or she is incarcerated for a crime other than a violent crime and if the
Department of Corrections or the sentencing court determines that the inmate is
This bill requires DOC to prepare an annual report on the program, including
data on participation and rates of recidivism of participants and the cost savings that
resulted from the program. Under the bill, DOC is required to use the cost savings
to fund educational, vocational, treatment, or other qualifying programs.
This bill also requires DOC to prepare a report on the aging and elderly
population in Wisconsin's prisons and to evaluate possible options for alternatives
to prison for that population.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
20.410 (1) (a) of the statutes is amended to read:
(a) General program operations.
The amounts in the schedule to 3
operate institutions and provide field services and administrative services. No 4
payments may be made under this paragraph for payments in accordance with other 5
states party to the interstate corrections compact under s. 302.25.
6is transferred from this appropriation account to the appropriation account under
7par. (ki) the cost savings reported under s. 302.05 (4) (b) 4.
20.410 (1) (ab) of the statutes is amended to read:
(ab) Corrections contracts and agreements.
The amounts in the 10
schedule for payments made in accordance with contracts entered into under ss. 11
301.21, 302.25, and 302.27 (1), contracts entered into with the federal government 12
under 18 USC 5003
, and intra-agency agreements relating to the placement of 13
prisoners. Annually, there is transferred from this appropriation account to the
14appropriation account under par. (ki) the cost savings reported under s. 302.05 (4)
20.410 (1) (ki) of the statutes is created to read:
(ki) Training programs for inmates.
All moneys transferred from the 2
appropriation accounts under pars. (a) and (ab) to provide vocational readiness 3
training programs that qualify for the earned release program under s. 302.05.
302.05 (title) of the statutes is amended to read:
(title) Wisconsin substance abuse program earned release
302.05 (1) (am) (intro.) of the statutes is amended to read:
(am) (intro.) The department of corrections
and the department of 9
health services may designate a section of a mental health institute as a correctional 10
treatment facility for the treatment of substance abuse use disorder
of inmates 11
transferred from Wisconsin state prisons. This section shall be administered by the
12department of corrections and shall be known as the Wisconsin substance abuse 13program.
The department of corrections
and the department of health services shall 14
ensure that the residents at the institution and the residents in the substance abuse 15use disorder
302.05 (1) (b) of the statutes is amended to read:
(b) The department of corrections
and the department of health 18
services shall, at any correctional facility the departments determine is appropriate, 19
provide a substance abuse use disorder
treatment program for inmates for the 20
purposes of the program described in sub. (3).
302.05 (1) (c) of the statutes is created to read:
(c) 1. In this paragraph, “vocational readiness training program” 23
means an educational, vocational, treatment, or other evidence-based training 24
program to reduce recidivism.
2. The department shall, at any correctional facility the department 2
determines is appropriate, provide vocational readiness training programs for the 3
purposes of the program described in sub. (3).
302.05 (2) of the statutes is amended to read:
Transfer to a correctional treatment facility for the treatment of 6
substance abuse use disorder
shall be considered a transfer under s. 302.18.
302.05 (3) (b) of the statutes is amended to read:
(b) Except as provided in par. (d), if the department determines that 9
an eligible inmate serving a sentence other than one imposed under s. 973.01 has 10
successfully completed a substance use disorder
treatment program described in 11
sub. (1) (b) or a vocational readiness training program described in sub. (1) (c)
, the 12
parole commission shall parole the inmate for that sentence under s. 304.06, 13
regardless of the time the inmate has served. If the parole commission grants parole 14
under this paragraph for the completion of a substance use disorder treatment
, it shall require the parolee to participate in an intensive supervision 16
program for drug abusers as a condition of parole.
302.05 (3) (c) 2. (intro.) of the statutes is amended to read:
(c) 2. (intro.) Upon being informed by the department under subd. 19
1. that an inmate whom the court sentenced under s. 973.01 has successfully 20
completed a substance use disorder
treatment program described in sub. (1) (b) or
21a vocational readiness training program described in sub. (1) (c)
, the court shall 22
modify the inmate's bifurcated sentence as follows:
302.05 (3) (d) of the statutes is amended to read:
(d) The department may place intensive sanctions program 2
participants in a treatment program described in sub. (1) (b)
, but pars. (b) and (c) do 3
not apply to those participants.
302.05 (4) of the statutes is created to read:
(a) In this subsection, “recidivism” means any of the following:
1. A return to prison upon revocation of extended supervision, parole, or 7
2. A conviction for a crime that was committed within 3 years of release from 9
(b) No later than June 15 of each year, the department shall submit a report 11
on participation in vocational readiness training programs qualifying for earned 12
release under sub. (3) to the governor, the chief clerk of each house of the legislature 13
for distribution to the appropriate standing committees under s. 13.172 (3), and the 14
director of state courts. The report shall include all of the following data:
1. A list of available vocational readiness training programs and the number 16
of participants in each vocational readiness training program.
2. The number of eligible inmates who are on the wait list for participation in 18
a vocational readiness training program, and the department's methodology for 19
selecting participants from the wait list.
3. The rate of recidivism among individuals who earned release through 21
completion of a vocational readiness training program, and whether the recidivism 22
event was return to prison upon revocation or was a conviction for a misdemeanor 23
or felony. The department shall report this data by region and shall include 24
4. An accounting of the cost savings for the preceding 12-month period that 2
resulted from reduced terms of confinement in prison for participants in the earned 3
release program who were released to extended supervision or parole for completion 4
of a vocational readiness training program.
No later than the first day of the 12th month beginning after the 7
effective date of this subsection, the department of corrections shall submit a report 8
to the chief clerk of each house of the legislature for distribution to the appropriate 9
standing committees under s. 13.172 (3). The department shall report on the aging 10
and elderly population of inmates in Wisconsin prisons, the costs of health care and 11
other accommodations for that population, and trends and projections for the aging 12
and elderly population and associated costs. The department shall also report on the 13
feasibility, including costs and projected savings, of establishing and operating a 14
state run facility for elderly inmates, the feasibility for adopting electronic 15
monitoring as an alternative to incarceration for elderly inmates, and the possibility 16
for eligibility for medical assistance for individuals who would qualify for 17
alternatives to incarceration.
The department of corrections shall update its administrative rules 19
to implement earned release for completion of a vocational readiness training 20
program under s. 302.05 (3).