(b) Services for community corrections.
The amounts in the schedule 21
to provide services related to probation, extended supervision and parole, the
intensive sanctions program under s. 301.048, the community residential 2
confinement program under s. 301.046, programs of intensive supervision of adult 3
offenders and minimum security correctional institutions established under s. 4
301.13. No payments may be made under this paragraph for payments in accordance 5
with other states party to the interstate corrections compact under s. 302.25. 6Annually, there is transferred from this appropriation to the appropriation account
7under s. 20.410 (1) (kj) the amount of cost savings from reduced days of community
8supervision that resulted from the earned compliance credit under s. 973.156 and
9early discharge from extended supervision under s. 973.01 (5m), as reported by the
10department under s. 301.03 (6w) (b).
20.410 (1) (kj) of the statutes is created to read:
(kj) Reduced caseloads for community supervision officers.
moneys transferred from the appropriation accounts under s. 20.410 (1) (a), (ab), and 14
(b) to reduce caseloads for community supervision officers.
301.03 (6w) of the statutes is created to read:
301.03 (6w) (a) In this subsection, “recidivism” means any of the following:
1. A return to prison upon revocation of extended supervision, parole, or 18
2. A conviction for a crime that was committed within 3 years of release from 20
(b) No later than June 15 of each year, the department shall submit a report 22
to the governor, the chief clerk of each house of the legislature for distribution to the 23
appropriate standing committees under s. 13.172 (3), and the director of state courts. 24
The report shall include data on the earned compliance credit provided under s. 25
973.156 and early discharge under s. 973.01 (5m) in the 12 months preceding the
report, including the demographics of individuals who received the earned 2
compliance credit or were discharged early and the rate of recidivism among those 3
individuals and including an accounting of the cost savings from reduced days of 4
incarceration or reduced days of parole or extended supervision that resulted from 5
the earned compliance credit under s. 973.156 or early discharge from extended 6
supervision under s. 973.01 (5m). The department shall report the data by region.
302.11 (7) (am) of the statutes is amended to read:
(am) The reviewing authority may return a parolee released under 9
sub. (1) or (1g) (b) or s. 304.02 or 304.06 (1) to prison for a period up to the remainder 10
of the sentence for a violation of the conditions of parole. The remainder of the 11
sentence is the entire sentence, less time served in custody prior to parole and less
12any earned compliance credit under s. 973.156
. The revocation order shall provide 13
the parolee with credit in accordance with ss. 304.072 and 973.155.
302.113 (9) (ag) of the statutes is renumbered 302.113 (9) (ag) 15
(intro.) and amended to read:
(ag) (intro.) In this subsection “
authority" means the division of hearings and appeals in the 18
department of administration, upon proper notice and hearing, or the department 19
of corrections, if the person on extended supervision waives a hearing.
302.113 (9) (am) of the statutes is renumbered 302.113 (9) (am) 1. 21
and amended to read:
(am) 1. If a person released to extended supervision under this 23
section violates a condition of extended supervision, the reviewing authority may 24
revoke the extended supervision of the person. If the extended supervision of the 25
person is revoked, the 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 2
bifurcated sentence. The time
3(ag) 2. “Time
remaining on the bifurcated sentence”
is the total length of the 4
bifurcated sentence, less time served by the person in confinement under the 5
sentence before release to extended supervision under sub. (2), less any earned
6compliance credit under s. 973.156,
and less all time served in confinement for 7
previous revocations of extended supervision under the sentence.
The order returning a person to prison under this paragraph shall 9
provide the person whose extended supervision was revoked with credit in 10
accordance with ss. 304.072 and 973.155.
302.113 (9) (b) of the statutes is amended to read:
(b) A person who is returned to prison after revocation of extended 13
supervision shall be incarcerated for the entire period of time
specified by the order 14
under par. (am) 1
. The period of time
specified under par. (am) 1.
may be extended 15
in accordance with sub. (3). If a person is returned to prison under par. (am) 1.
a period of time
that is less than the time remaining on the bifurcated sentence, the 17
person shall be released to extended supervision after he or she has served the period 18of time
specified by the order under par. (am)
and any periods of extension imposed 19
in accordance with sub. (3).
302.113 (9) (c) of the statutes is amended to read:
(c) A person who is subsequently released to extended supervision 22
after service of the period of time
specified by the order under par. (am) 1.
is subject 23
to all conditions and rules under sub. (7) and, if applicable, sub. (7m) until the 24
expiration of the time
remaining extended supervision portion of on
the bifurcated 25
sentence. The remaining extended supervision portion of the bifurcated sentence is
1the total length of the bifurcated sentence, less the time served by the person in
2confinement under the bifurcated sentence before release to extended supervision
3under sub. (2) and less all time served in confinement for previous revocations of
4extended supervision under the bifurcated sentence.
302.114 (9) (ag) of the statutes is amended to read:
(ag) In this subsection “reviewing authority" has the meaning given 7
in s. 302.113 (9) (ag) 1
304.072 (4) of the statutes is amended to read:
The sentence of a revoked parolee or person on extended 10
supervision resumes running on the day he or she is received at a correctional 11
institution subject to sentence credit for the period of custody in a jail, correctional 12
institution or any other detention facility pending revocation according to the terms 13
of s. 973.155 and subject to earned compliance credit under s. 973.156
911.01 (4) (c) of the statutes is amended to read:
(c) Miscellaneous proceedings.
Proceedings for extradition or 16
rendition; sentencing, granting or revoking probation, modification of a bifurcated 17
sentence under s. 302.113 (9g), or adjustment of a bifurcated sentence under s. 18973.01 (5m),
973.195 (1r) or 973.198; issuance of subpoenas or warrants under s. 19
968.375, arrest warrants, criminal summonses, and search warrants; hearings 20
under s. 980.09 (2); proceedings under s. 971.14 (1r) (c); proceedings with respect to 21
pretrial release under ch. 969 except where habeas corpus is utilized with respect to 22
release on bail or as otherwise provided in ch. 969; or proceedings under s. 165.76 (6) 23
to compel provision of a biological specimen for deoxyribonucleic acid analysis.
939.50 (3) (d) of the statutes is amended to read:
(d) For a Class D felony, a fine not to exceed $100,000 or 2
imprisonment not to exceed 25 20
years, or both.
950.04 (1v) (gm) of the statutes is amended to read:
(gm) To have reasonable attempts made to notify the victim of 5
petitions for sentence adjustment as provided under s. 973.01 (5m) (d),
973.09 (3m), 6
973.195 (1r) (d), or 973.198.
973.01 (2) (d) 3. of the statutes is repealed.
973.01 (2) (d) 4. of the statutes is amended to read:
(d) 4. For a Class D,
E, F, or G felony, the term of extended 10
supervision may not exceed 5 years.
973.01 (5m) of the statutes is created to read:
973.01 (5m) Early discharge from extended supervision.
(a) In this 13
subsection, “qualifying offense” means a crime other than a violation of ch. 940 or s. 14
948.02, 948.025, 948.03, 948.05, 948.051, 948.055, 948.06, 948.07, 948.075, 948.08, 15
948.085, or 948.095.
(b) The court may modify a person's term of extended supervision and discharge 17
the person from extended supervision for a qualifying offense if all of the following 18
1. The department petitions the court to discharge the person from extended 20
supervision for a qualifying offense.
2. The person has completed 3 years or 50 percent of his or her term of extended 22
supervision for the qualifying offense, whichever is less.
3. The person has satisfied all conditions of extended supervision that were set 24
by the sentencing court for the qualifying offense.
4. The person has satisfied all rules and conditions of supervision that were set 2
by the department for the qualifying offense.
5. The person has fulfilled all financial obligations to his or her victims, the 4
court, and the department, including the payment of any fine, forfeiture, fee, or 5
surcharge or order of restitution, for the qualifying offense.
6. The person is not required to register under s. 301.45.
(c) If a person is serving more than one sentence, early discharge under par. (b) 8
applies only to the terms of extended supervision imposed for qualifying offenses.
(d) 1. In this paragraph, “victim" has the meaning given in s. 950.02 (4).
2. When a court receives a petition under par. (a), the clerk of the circuit court 11
shall send a notice of hearing to the victim of the crime committed by the person 12
serving the term of extended supervision, if the victim has submitted a card under 13
subd. 3. requesting notification. The notice shall inform the victim that he or she may 14
appear at any hearing scheduled under par. (a) and shall inform the victim of the 15
manner in which he or she may provide a statement concerning the early discharge 16
from extended supervision. The clerk of the circuit court shall make a reasonable 17
attempt to send the notice of hearing to the last-known address of the victim, 18
postmarked at least 10 days before the date of the hearing.
3. The director of state courts shall design and prepare cards for a victim to send 20
to the clerk of the circuit court for the county in which the person serving the term 21
of extended supervision was convicted and sentenced. The cards shall have space for 22
a victim to provide his or her name and address, the name of the applicable person 23
serving a term of extended supervision, and any other information that the director 24
of state courts determines is necessary. The director of state courts shall provide the 25
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 2
of the circuit court for the county in which the person serving a term of extended 3
supervision was convicted and sentenced. All court records or portions of records 4
that relate to mailing addresses of victims are not subject to inspection or copying 5
under s. 19.35 (1).
973.01 (8) (a) 6. of the statutes is created to read:
(a) 6. The conditions under which the court may reduce the term of 8
the person's extended supervision under sub. (5m).
973.15 (5) of the statutes is amended to read:
A convicted offender who is made available to another jurisdiction 11
under ch. 976 or in any other lawful manner shall be credited with service of his or 12
her Wisconsin sentence or commitment under the terms of s. ss.
973.155 and 973.156 13
for the duration of custody in the other jurisdiction.
973.156 of the statutes is created to read:
15973.156 Earned compliance credit.
In this section, “qualifying offense” 16
means a crime other than a violation of ch. 940 or s. 948.02, 948.025, 948.03, 948.05, 17
948.051, 948.055, 948.06, 948.07, 948.075, 948.08, 948.085, or 948.095.
Upon the revocation of extended supervision or parole under s. 302.11 (7) 19
or 302.113 (9),
a person shall be given earned compliance credit toward the service 20
of his or her sentence for a qualifying offense for each day that the person spent on 21
extended supervision or parole without violating a condition or rule of extended 22
supervision or parole prior to the violation that resulted in the revocation.
Subsection (2) does not apply to a person who is required to register under 24
If a person is serving more than one sentence, earned compliance credit 2
under sub. (2) is earned only for the time spent on extended supervision or parole for 3
The amount of the credit under sub. (2) shall be calculated and applied by 5
the appropriate reviewing authority under s. 302.11 (7) (am) or 302.113 (9) (am) 1.
(1) Conditions of supervision.
No later than July 1, 2021, the department of 8
corrections shall review the efficacy of its standard conditions and rules of 9
supervision, and shall provide a report to the governor, the chief clerk of each house 10
of the legislature for distribution to the appropriate standing committees in the 11
manner provided under s. 13.172 (3), and the director of state courts. The report shall 12
include the number of violations reported for each condition and rule and a 13
comparison of the department of correction's standard conditions and rules of 14
supervision to conditions and rules of supervision in other states.
Earned compliance credit.
A person who is serving a sentence for a 16
violation other than a crime specified in ch. 940 or s. 948.02, 948.025, 948.03, 948.05, 17
948.051, 948.055, 948.06, 948.07, 948.075, 948.08, 948.085, or 948.095 and who is in 18
custody upon revocation of extended supervision or parole on the effective date of this 19
subsection may petition the department to be given credit under s. 973.156. Upon 20
proper verification of the facts alleged in the petition, s. 973.156 shall be applied 21
retroactively to the person. If the department is unable to determine whether credit 22
should be given, or otherwise refuses to award retroactive credit, the person may 23
petition the sentencing court for relief. This subsection applies regardless of the date 24
the person was sentenced. A person who is required to register under s. 301.45 is not 25
eligible to receive credit under this subsection.
The department of corrections shall conduct a review of the 2
department's evidence-based risk assessment tool and shall submit a report to the 3
governor, the chief clerk of each house of the legislature for distribution to the 4
appropriate standing committees in the manner provided under s. 13.172 (3), and the 5
director of state courts no later than the first day of the 12th month beginning after 6
the effective date of this subsection. The department shall include in the report a 7
review of the available alternatives and the costs and savings that would result from 8
the use of alternatives. The department shall include in its review the efficacy of an 9
evidence-based risk assessment tool that uses ongoing or recurring evaluations of 10
an individual's ability to meet the conditions of supervision.
The department of corrections shall conduct a review of the department's 12
training of community supervision officers and shall submit a report to the governor, 13
the chief clerk of each house of the legislature for distribution to the appropriate 14
standing committees in the manner provided under s. 13.172 (3), and the director of 15
state courts no later than the first day of the 12th month beginning after the effective 16
date of this subsection. The department shall include in its report an evaluation of 17
best practices and outcomes of training models used in other states.
This act takes effect on the first day of the 7th month beginning after 20