AB68: Bill Text

AB68,2714 Section 2714. 302.05 (3) (e) of the statutes is repealed.

AB68,2715 Section 2715. 302.05 (4) of the statutes is created to read:

AB68,1419,2 302.05 (4) (a) In this subsection, “recidivism” means any of the following:

AB68,1419,4 1. A return to prison upon revocation of extended supervision, parole, or probation.

AB68,1419,6 2. A conviction for a crime that was committed within 3 years of release from confinement.

AB68,1419,11 (b) No later than June 15 of each year, the department shall submit a report on participation in vocational readiness training programs qualifying for earned release under sub. (3) to the governor, the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3), and the director of state courts. The report shall include all of the following data:

AB68,1419,13 1. A list of available vocational readiness training programs and the number of participants in each vocational readiness training program.

AB68,1419,16 2. The number of eligible inmates who are on the wait list for participation in a vocational readiness training program, and the department's methodology for selecting participants from the wait list.

AB68,1419,21 3. The rate of recidivism among individuals who earned release through completion of a vocational readiness training program, and whether the recidivism event was return to prison upon revocation or was a conviction for a misdemeanor or felony. The department shall report this data by region and shall include demographic information.

AB68,1419,25 4. An accounting of the cost savings for the preceding 12-month period that resulted from reduced terms of confinement in prison for participants in the earned release program who were released to extended supervision or parole for completion of a vocational readiness training program.

AB68,2716 Section 2716. 302.085 of the statutes is created to read:

AB68,1420,3 302.085 Treatment of a pregnant or postpartum person. (1) Definitions. In this section:

AB68,1420,4 (a) “Correctional facility” has the meaning given in s. 101.123 (1) (ac).

AB68,1420,7 (b) “Doula” means a nonmedical, trained professional who provides continuous physical, emotional, and informational support during pregnancy, labor, birth, and the postpartum period.

AB68,1420,10 (c) “Doula services" means childbirth education and support services, including emotional, physical, and informational support provided during pregnancy, labor, birth, and the postpartum period.

AB68,1420,12 (d) “Postpartum” means the period of time following the birth of an infant to 6 months after the birth.

AB68,1420,14 (e) “Restrain” means to use a mechanical, chemical, or other device to constrain the movement of a person's body or limbs.

AB68,1420,21 (2) Restraining a pregnant person. (a) A representative of a correctional facility may not restrain a person known to be pregnant unless the representative makes an individualized determination that restraints are reasonably necessary to ensure safety and security of the person, the staff of the correctional facility, other inmates, or the public. If such a determination is made, the representative may use only the least restrictive effective type of restraint that is most reasonable under the circumstances.

AB68,1421,2 (b) A representative of a correctional facility may not restrain a person known to be pregnant while the person is being transported if the restraint is through the use of leg irons, waist chains or other devices that cross or otherwise touch the person's abdomen, or handcuffs or other devices that cross or otherwise touch the person's wrists when affixed behind the person's back.

AB68,1421,4 (c) A representative of a correctional facility may not place a person known to be pregnant in solitary confinement for any punitive purpose.

AB68,1421,6 (d) A representative of a correctional facility may restrain a person who is in labor or who has given birth in the preceding 3 days only if all of the following apply:

AB68,1421,10 1. There is a substantial flight risk or some other extraordinary medical or security circumstance that requires restraints be used to ensure the safety and security of the person, the staff of the correctional or medical facility, other inmates, or the public.

AB68,1421,12 2. The representative has made an individualized determination that restraints are necessary to prevent escape or ensure safety or security.

AB68,1421,14 3. There is no objection to the use of restraints by the treating medical care provider.

AB68,1421,16 4. The restraints used are the least restrictive effective type and are used in the least restrictive manner.

AB68,1421,19 (e) All staff members who may come into contact with a pregnant or postpartum person at any correctional facility shall receive training on the requirements of this subsection on an annual basis.

AB68,1421,21 (3) Treatment of a pregnant or postpartum person. A correctional facility shall ensure all of the following for every person incarcerated at the facility:

AB68,1421,22 (a) That every woman under 50 years of age is offered testing for pregnancy.

AB68,1421,24 (b) That every pregnant person is offered testing for sexually transmitted infections, including HIV.

AB68,1422,2 (c) That every pregnant person who is on a methadone treatment regimen be provided continuing methadone treatment.

AB68,1422,5 (d) That every pregnant person and every person who has given birth in the past 6 weeks is provided appropriate educational materials and resources related to pregnancy, childbirth, breastfeeding, and parenting.

AB68,1422,9 (e) That every pregnant person and every person who has given birth in the past 6 weeks has access to doula services if these services are provided by a doula without charge to the correctional facility or the incarcerated person pays for the doula services.

AB68,1422,12 (f) That every pregnant person and every person who has given birth in the past 6 months has access to a mental health assessment and, if necessary, mental health treatment.

AB68,1422,15 (g) That every pregnant person and every person who has given birth in the past 6 months who is determined to be suffering from a mental illness has access to evidence-based mental health treatment including psychotropic medication.

AB68,1422,19 (h) That every pregnant person who is determined to be suffering from depression and every person who has given birth in the past 6 months who is determined to be suffering from postpartum depression has access to evidence-based therapeutic care for depression.

AB68,1422,23 (i) That every person who has given birth in the past 12 months whose body is producing breast milk has access to the necessary supplies and is provided an opportunity to express the breast milk as needed to maintain an active supply of breast milk.

AB68,1423,3 (j) That every pregnant person and every person who has given birth in the past 6 months is advised orally and in writing of all applicable laws and policies governing an incarcerated pregnant or postpartum person.

AB68,2717 Section 2717 . 302.107 (2) of the statutes is amended to read:

AB68,1423,9 302.107 (2) Upon revocation of parole or extended supervision under s. 302.11 (7), 302.113 (9), 302.114 (9), or 304.06 (3) or (3g), the department shall make a reasonable effort to send a notice of the revocation to a victim of an offense committed by the inmate, if the victim can be found, in accordance with sub. (3) and after receiving a completed card under sub. (4).

AB68,2718 Section 2718 . 302.11 (7) (ag) of the statutes is renumbered 302.11 (7) (ag) (intro.) and amended to read:

AB68,1423,12 302.11 (7) (ag) (intro.) In this subsection “ reviewing:

AB68,1423,15 2. “Reviewing authority" means the division of hearings and appeals in the department of administration, upon proper notice and hearing, or the department of corrections, if the parolee waives a hearing.

AB68,2719 Section 2719 . 302.11 (7) (am) of the statutes is renumbered 302.11 (7) (am) 1. (intro.) and amended to read:

AB68,1423,21 302.11 (7) (am) 1. (intro.) The reviewing authority may not return a parolee released under sub. (1) or (1g) (b) or s. 304.02 or 304.06 (1) to prison for a period up to the remainder of the sentence for a violation of the conditions of parole. The remainder unless one of the following applies:

AB68,1423,24 (ag) 1. “Remainder of the sentence is” means the entire sentence, less time served in custody prior to parole and less any earned compliance credit under s. 973.156.

AB68,1424,4 (am) 2. If the reviewing authority revokes parole, the revocation order may return the parolee to prison for a period up to the remainder of the sentence. The revocation order shall provide the parolee with credit in accordance with ss. 304.072 and 973.155.

AB68,2720 Section 2720 . 302.11 (7) (am) 1. a. to e. of the statutes are created to read:

AB68,1424,7 302.11 (7) (am) 1. a. The parolee committed 3 or more independent violations while released on parole.

AB68,1424,9 b. The condition that the parolee violated was a condition that the parolee not contact any specified individual.

AB68,1424,10 c. The parolee was required to register as a sex offender under s. 301.45.

AB68,1424,12 d. When the parolee violated the condition of parole, the parolee also allegedly committed a crime.

AB68,1424,14 e. The parolee failed to report or make himself or herself available for supervision for a period of more than 60 days.

AB68,2721 Section 2721. 302.113 (title) of the statutes is amended to read:

AB68,1424,17 302.113 (title) Release to extended supervision for felony offenders not serving life sentences and youthful offenders.

AB68,2722 Section 2722. 302.113 (1) of the statutes is amended to read:

AB68,1424,23 302.113 (1) An inmate is subject to this section if he or she is serving a bifurcated sentence imposed under s. 973.01 or, if the inmate is a youthful offender, as defined in s. 973.014 (3) (a), a life sentence imposed under s. 973.014 (3) (b) or (c) or, if the youthful offender is sentenced before the effective date of this subsection .... [LRB inserts date], s. 973.014 (1g).

AB68,2723 Section 2723. 302.113 (2) of the statutes is amended to read:

AB68,1425,5 302.113 (2) Except as provided in subs. (3) and (9), an inmate subject to this section is entitled to release to extended supervision after he or she has served the term of confinement in prison portion of the sentence imposed under s. 973.01, as modified by the sentencing court under sub. (9g) or s. 302.045 (3m) (b) 1., 302.05 (3) (c) 2. a., 973.018, 973.195 (1r), or 973.198, if applicable.

AB68,2724 Section 2724 . 302.113 (8m) (a) of the statutes is renumbered 302.113 (8m).

AB68,2725 Section 2725 . 302.113 (8m) (b) of the statutes is repealed.

AB68,2726 Section 2726. 302.113 (9) (ag) of the statutes is renumbered 302.113 (9) (ag) (intro.) and amended to read:

AB68,1425,10 302.113 (9) (ag) (intro.) In this subsection “ reviewing:

AB68,1425,13 2. “Reviewing authority" means the division of hearings and appeals in the department of administration, upon proper notice and hearing, or the department of corrections, if the person on extended supervision waives a hearing.

AB68,2727 Section 2727. 302.113 (9) (ag) 1. of the statutes is created to read:

AB68,1425,15 302.113 (9) (ag) 1. “Crime" has the meaning given in s. 939.12.

AB68,2728 Section 2728. 302.113 (9) (am) of the statutes is renumbered 302.113 (9) (am) 1. (intro.) and amended to read:

AB68,1425,21 302.113 (9) (am) 1. (intro.) If a person released to extended supervision under this section violates a condition of extended supervision, the reviewing authority may not revoke the extended supervision of the person. unless one of the following applies:

AB68,1425,25 2. If the extended supervision of the person is revoked under subd. 1., 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 bifurcated sentence. The time

AB68,1426,5 (ag) 4. “Time remaining on the bifurcated sentence" is the total length of the bifurcated sentence, less time served by the person in confinement under the sentence before release to extended supervision under sub. (2), less any earned compliance credit under s. 973.156, and less all time served in confinement for previous revocations of extended supervision under the sentence.

AB68,1426,8 (am) 3. The order returning a person to prison under this paragraph subd. 2. shall provide the person whose extended supervision was revoked with credit in accordance with ss. 304.072 and 973.155.

AB68,2729 Section 2729 . 302.113 (9) (am) 1. a. to e. of the statutes are created to read:

AB68,1426,11 302.113 (9) (am) 1. a. The person committed 3 or more independent violations during his or her term of extended supervision.

AB68,1426,13 b. The condition that the person violated was a condition that the person not contact any specified individual.

AB68,1426,14 c. The person was required to register as a sex offender under s. 301.45.

AB68,1426,16 d. When the person violated the condition of extended supervision, the person also allegedly committed a crime.

AB68,1426,18 e. The person failed to report or make himself or herself available for supervision for a period of more than 60 consecutive days.

AB68,2730 Section 2730. 302.113 (9) (b) of the statutes is amended to read:

AB68,1427,2 302.113 (9) (b) A person who is returned to prison after revocation of extended supervision shall be incarcerated for the entire period of time specified by the order under par. (am) 2. The period of time specified under par. (am) 2. may be extended in accordance with sub. (3). If a person is returned to prison under par. (am) 2. for a period of time that is less than the time remaining on the bifurcated sentence, the person shall be released to extended supervision after he or she has served the period of time specified by the order under par. (am) 2. and any periods of extension imposed in accordance with sub. (3).

AB68,2731 Section 2731. 302.113 (9) (c) of the statutes is amended to read:

AB68,1427,12 302.113 (9) (c) A person who is subsequently released to extended supervision after service of the period of time specified by the order under par. (am) 2. is subject to all conditions and rules under sub. (7) and, if applicable, sub. (7m) until the expiration of the time remaining extended supervision portion of on the bifurcated sentence. The remaining extended supervision portion of the bifurcated sentence is the total length of the bifurcated sentence, less the time served by the person in confinement under the bifurcated sentence before release to extended supervision under sub. (2) and less all time served in confinement for previous revocations of extended supervision under the bifurcated sentence.

AB68,2732 Section 2732. 302.114 (1) of the statutes is amended to read:

AB68,1427,19 302.114 (1) An inmate is subject to this section if he or she is serving a life sentence imposed under s. 973.014 (1g) (a) 1. or 2. An inmate serving a life sentence under s. 939.62 (2m) or 973.014 (1g) (a) 3. is not eligible for release to extended supervision under this section. This section does not apply to a youthful offender, as defined in s. 973.014 (3) (a), who was sentenced under s. 973.014 (1g) before the effective date of this subsection .... [LRB inserts date].

AB68,2733 Section 2733 . 302.114 (9) (ag) of the statutes is amended to read:

AB68,1427,22 302.114 (9) (ag) In this subsection “reviewing authority" has the meaning given in s. 302.113 (9) (ag) 3.

AB68,2734 Section 2734 . 302.115 of the statutes is created to read:

AB68,1427,25 302.115 Sanctions for violation of condition of probation, parole, or extended supervision. (1) In this section:

AB68,1428,2 (a) “Division” means the division of hearings and appeals in the department of administration.

AB68,1428,4 (b) “Reviewing authority” means the division or, if a hearing is waived under sub. (5), the department.

AB68,1428,8 (2) Notwithstanding ss. 302.11 (7), 302.113 (9), and 973.10 (2), if a person on probation or parole or a person on extended supervision under s. 302.113 violates a condition or rule of that probation, parole, or extended supervision, the department may initiate a proceeding before the division to sanction the person for the violation.