AB68: Bill Text

AB68,2725 Section 2725 . 302.113 (8m) (b) of the statutes is repealed.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 shall provide the person whose extended supervision was revoked with credit in accordance with ss. 304.072 and 973.155.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.

AB68,1428,10 (3) The division shall hold a hearing no later than 21 days after the department initiates the proceeding to determine the appropriate sanction for the violation.

AB68,1428,11 (4) The reviewing authority may impose one of the following sanctions:

AB68,1428,13 (a) Except as provided under par. (b), imprisonment for a period not to exceed 30 days.

AB68,1428,15 (b) Imprisonment for a period not to exceed 90 days if any of the following applies:

AB68,1428,17 1. The person has committed 3 or more independent violations during his or her term of probation, parole, or extended supervision.

AB68,1428,19 2. The condition that the person violated was a condition that the person not contact any specified individual.

AB68,1428,20 3. The person was required to register as a sex offender under s. 301.45.

AB68,1428,22 4. When the person violated the condition of probation, parole, or extended supervision, the person also allegedly committed a crime.

AB68,1428,24 5. The person failed to report or make himself or herself available for supervision for a period of more than 60 consecutive days.

AB68,1429,4 (5) A person who is the subject of a proceeding under this section may waive the hearing under sub. (3) by signing a statement admitting the violation. If the person waives the hearing under this subsection, the reviewing authority may impose a sanction under sub. (4).

AB68,1429,7 (6) If a person is confined in a county jail under this section, the department shall reimburse the county for its actual costs in confining the person from the appropriations under s. 20.410 (1) (ab) and (b).

AB68,1429,9 (7) Notwithstanding s. 302.43, a person is not eligible to earn good time credit on any period of confinement under this section.

AB68,2735 Section 2735 . 302.31 (7) of the statutes is amended to read:

AB68,1429,16 302.31 (7) The temporary placement of persons in the custody of the department, other than persons under 17 years of age minors, and persons who have attained the age of 17 years but have not attained adults under the age of 25 years who are under the supervision of the department under s. 938.355 (4) and who have been taken into custody pending revocation of community supervision or aftercare supervision under s. 938.357 (5) (e).

AB68,2736 Section 2736 . 302.31 (7) of the statutes, as affected by 2021 Wisconsin Act .... (this act), is amended to read:

AB68,1429,23 302.31 (7) The temporary placement of persons in the custody of the department, other than minors, and adults under the age of 25 years who are under the supervision of the department under s. 938.355 (4) and who have been taken into custody pending revocation of community supervision or aftercare supervision under s. 938.357 (5) (e).

AB68,2737 Section 2737 . 302.33 (1) of the statutes is amended to read:

AB68,1430,8 302.33 (1) The maintenance of persons who have been sentenced to the state penal institutions; persons in the custody of the department, except as provided in sub. (2) and ss. 301.048 (7), 302.113 (8m), and 302.114 (8m), and 302.115; persons accused of crime and committed for trial; persons committed for the nonpayment of fines and expenses; and persons sentenced to imprisonment therein, while in the county jail, shall be paid out of the county treasury. No claim may be allowed to any sheriff for keeping or boarding any person in the county jail unless the person was lawfully detained therein.

AB68,2738 Section 2738. 302.335 (2j) of the statutes is amended to read:

AB68,1430,17 302.335 (2j) The department shall allow a probationer , parolee, or person on extended supervision who is detained in a county jail, tribal jail, or county house of correction under this section to be considered for participation in a program under s. 303.08 (1) (a), (b), (bn), or (e) if the person was placed on probation for a misdemeanor and the probation violation for which he or she is confined is not a crime. The sheriff, tribal chief of police, or superintendent of the house of correction, in conjunction with the department, shall determine the probationer's eligibility to participate in such programs and may terminate participation at any time.

AB68,2739 Section 2739. 302.386 (5) (c) of the statutes is repealed.

AB68,2740 Section 2740. 302.386 (5) (d) of the statutes is amended to read:

AB68,1430,22 302.386 (5) (d) Any participant in the serious juvenile offender program under s. 938.538 unless the participant is placed in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19).

AB68,2741 Section 2741 . 302.43 of the statutes is amended to read:

AB68,1431,13 302.43 Good time. Every inmate of a county jail is eligible to earn good time in the amount of one-fourth of his or her term for good behavior if sentenced to at least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects or refuses to perform any duty lawfully required of him or her, may be deprived by the sheriff of good time under this section, except that the sheriff shall not deprive the inmate of more than 2 days good time for any one offense without the approval of the court. An inmate who files an action or special proceeding, including a petition for a common law writ of certiorari, to which s. 807.15 applies shall be deprived of the number of days of good time specified in the court order prepared under s. 807.15 (3). This section does not apply to a person who is confined in the county jail in connection with his or her participation in a substance abuse treatment program that meets the requirements of s. 165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10).

AB68,2742 Section 2742. 303.065 (1) (b) 1. of the statutes is amended to read:

AB68,1431,20 303.065 (1) (b) 1. A person serving a life sentence, other than a life sentence specified in subd. 2., may be considered for work release only after he or she has reached parole eligibility under s. 304.06 (1) (b) or 973.014 (1) (a) or (b) or (3) (b), whichever is applicable, or he or she has reached his or her extended supervision eligibility date under s. 302.114 (9) (am) or 973.014 (1g) (a) 1. or 2. or (3) (c), whichever is applicable.

AB68,2743 Section 2743 . 303.08 (1) (intro.) of the statutes is amended to read:

AB68,1432,4 303.08 (1) (intro.) Any person sentenced to a county jail for crime, nonpayment of a fine or forfeiture, or contempt of court or subject to a confinement sanction under s. 302.113 (8m) or 302.114 (8m) or 302.115 or a probationer, parolee, or person on extended supervision who is detained in a county jail, tribal jail, or other county facility for a probation violation who meets the criteria under s. 302.335 (2j) pending disposition of revocation proceedings, investigation of a rule violation, or for a short-term sanction may be granted the privilege of leaving the jail during necessary and reasonable hours for any of the following purposes:

AB68,2744 Section 2744 . 303.08 (2) of the statutes is amended to read:

AB68,1432,13 303.08 (2) Unless such privilege is expressly granted by the court or, in the case of a person subject to a confinement sanction under s. 302.113 (8m) or 302.114 (8m) or 302.115, the department, the person is sentenced to ordinary confinement. A prisoner, other than a person subject to a confinement sanction under s. 302.113 (8m) or 302.114 (8m) or 302.115, may petition the court for such privilege at the time of sentence or thereafter, and in the discretion of the court may renew the prisoner's petition. The court may withdraw the privilege at any time by order entered with or without notice.

AB68,2745 Section 2745 . 303.08 (5) (intro.) of the statutes is amended to read:

AB68,1432,19 303.08 (5) (intro.) By order of the court or, for a person subject to a confinement sanction under s. 302.113 (8m) or 302.114 (8m) or 302.115, by order of the department, the wages, salary and unemployment insurance and employment training benefits received by prisoners shall be disbursed by the sheriff for the following purposes, in the order stated:

AB68,2746 Section 2746 . 303.08 (6) of the statutes is amended to read:

AB68,1433,2 303.08 (6) The department, for a person subject to a confinement sanction under s. 302.113 (8m) or 302.114 (8m) or 302.115, or the sentencing court, by order, may authorize the sheriff to whom the prisoner is committed to arrange with another sheriff for the employment or employment training of the prisoner in the other's county, and while so employed or trained to be in the other's custody but in other respects to be and continue subject to the commitment.

AB68,2747 Section 2747 . 303.08 (12) of the statutes is amended to read:

AB68,1433,8 303.08 (12) In counties having a house of correction, any person violating the privilege granted under sub. (1) may be transferred by the county jailer to the house of correction for the remainder of the term of the person's sentence or, if applicable, the remainder of the person's confinement sanction under s. 302.113 (8m) or 302.114 (8m) or 302.115.

AB68,2748 Section 2748. 304.02 (5) of the statutes is amended to read:

AB68,1433,12 304.02 (5) Notwithstanding subs. (1) to (3), a prisoner who is serving a life sentence under s. 939.62 (2m) (c) or 973.014 (1) (c) or , (1g), or (3) (c) is not eligible for release to parole supervision under this section.

AB68,2749 Section 2749. 304.06 (1) (b) of the statutes is amended to read:

AB68,1434,4 304.06 (1) (b) Except as provided in s. 961.49 (2), 1999 stats., sub. (1m) or s. 302.045 (3), 302.05 (3) (b), 973.01 (6), or 973.0135 , or 973.018, the parole commission may parole an inmate of the Wisconsin state prisons or any felon or any person serving at least one year or more in a county house of correction or a county reforestation camp organized under s. 303.07, when he or she has served 25 percent of the sentence imposed for the offense, or 6 months, whichever is greater. Except as provided in s. 939.62 (2m) (c) or 973.014 (1) (b) or (c), (1g) or, (2), or (3) (b) or (c), the parole commission may parole an inmate serving a life term when he or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject to extension under s. 302.11 (1q) and (2), or reduction under s. 973.018, if applicable. The person serving the life term shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary may grant special action parole releases under s. 304.02. The department or the parole commission shall not provide any convicted offender or other person sentenced to the department's custody any parole eligibility or evaluation until the person has been confined at least 60 days following sentencing.

AB68,2750 Section 2750. 304.06 (3) of the statutes is renumbered 304.06 (3) (a) and amended to read:

AB68,1434,8 304.06 (3) (a) Every paroled prisoner remains in the legal custody of the department unless otherwise provided by the department.

AB68,1434,13 (b) If the department alleges that any condition or rule of parole has been violated by the prisoner, the department may take physical custody of the prisoner for the investigation of the alleged violation. If the department is satisfied that any condition or rule of parole has been violated it shall afford the prisoner such administrative hearings as are required by law.

AB68,1434,17 (c) Unless waived by the parolee, the final administrative hearing shall be held before a hearing examiner from the division of hearings and appeals in the department of administration who is licensed to practice law in this state. The hearing examiner shall enter an order revoking or not revoking parole under par. (g).

AB68,1434,19 (d) Upon request by either party, the administrator of the division of hearings and appeals in the department of administration shall review the order.

AB68,1434,22 (e) The hearing examiner may order that a deposition be taken by audiovisual means and allow the use of a recorded deposition under s. 967.04 (7) to (10) in a hearing under this subsection.

AB68,1434,24 (f) If the parolee waives the final administrative hearing, the secretary of corrections shall enter an order revoking or not revoking parole.

AB68,1435,7 (g) If the hearing examiner, the administrator upon review, or the secretary in the case of a waiver finds that the prisoner has violated the rules or conditions of parole, the examiner, the administrator upon review, or the secretary in the case of a waiver, may order the prisoner returned to prison to continue serving his or her sentence, or to continue on parole. The hearing examiner, administrator, or secretary may not revoke parole under this subsection unless one of the following applies:

AB68,1435,10 (h) If the prisoner claims or appears to be indigent, the department shall refer the prisoner to the authority for indigency determinations specified under s. 977.07 (1).

AB68,2751 Section 2751 . 304.06 (3) (g) 1. to 5. of the statutes are created to read:

AB68,1435,13 304.06 (3) (g) 1. The person has committed 3 or more independent violations while released on parole.

AB68,1435,15 2. The condition that the person violated was a condition that the person not contact any specified individual.

AB68,1435,16 3. The person was required to register as a sex offender under s. 301.45.

AB68,1435,18 4. When the person violated the condition of parole, the person also allegedly committed a crime.

AB68,1435,20 5. The person failed to report or make himself or herself available for supervision for a period of more than 60 consecutive days.

AB68,2752 Section 2752 . 304.06 (3g) of the statutes is repealed.