LRB-1765/1
MJW:skw
2023 - 2024 LEGISLATURE
April 14, 2023 - Introduced by Senators Bradley, Wanggaard, Ballweg, Hutton,
Marklein, Nass and Testin, cosponsored by Representatives Maxey,
Rettinger, Allen, Behnke, Binsfeld, Brandtjen, Donovan, Green,
Gundrum, Murphy, Mursau, Penterman, Rozar, Tittl, Wichgers, Duchow,
Michalski and Nedweski. Referred to Committee on Judiciary and Public
Safety.
SB230,1,5
1An Act to amend 302.11 (5), 302.113 (6), 302.113 (9g) (cm), 302.113 (9g) (d),
2302.113 (9g) (g) 2., 302.114 (5) (c), 302.114 (7), 304.06 (1) (eg), 304.06 (1) (g) and
3304.063 (3); and
to create 302.113 (9g) (cd), 302.114 (5) (bm) and 304.06 (2d)
4of the statutes;
relating to: requirements for releasing a prisoner to parole or
5extended supervision.
Analysis by the Legislative Reference Bureau
This bill 1) changes a victim's statutory right to participate in a hearing before
a prisoner is released from prison on parole or extended supervision, 2) changes the
victim's statutory right to notice when that prisoner is released, 3) requires a
prisoner to submit to a psychological evaluation before release on parole or
discretionary release on extended supervision, and 4) specifies that a police chief or
sheriff may disseminate information to the general public regarding a person who
is convicted of certain offenses who is released from prison and will be residing in the
police chief's or sheriff's jurisdiction.
Under current law, a prisoner is eligible for parole if he or she was sentenced
for a crime committed before December 31, 1999, and if he or she 1) has served at
least six months or 25 percent of his or her sentence, whichever is longer, or 2) for a
life sentence, has served at least 20 years. Under bifurcated sentencing, if a person
is given a sentence for a crime that was committed on or after December 31, 1999,
release to extended supervision is generally not discretionary. However, for a life
sentence with the possibility of release to extended supervision, the sentencing court
must hold a hearing to determine whether to grant extended supervision on or after
a predetermined eligibility date.
Current law requires the parole commission or the sentencing court to allow a
victim to make a statement at a hearing to determine eligibility for release to parole
or discretionary release to extended supervision on a life sentence. The bill requires
the parole commission or the sentencing court to allow a victim to make an oral
statement and to make use of visual aids.
Whenever a prisoner is released to parole or extended supervision, current law
requires the Department of Corrections to make a reasonable attempt to notify any
victims of the crime who request notice of the release. Under current law, DOC must
send this notice at least seven days before a prisoner is released on parole or extended
supervision. The bill requires this notice to be sent at least 30 days before a prisoner
is released to parole or extended supervision.
The bill also requires a prisoner to submit to a psychological evaluation and
requires the person conducting the evaluation to send a report to the authority
considering releasing the prisoner to parole or extended supervision. Under the bill,
that reviewing authority is required to consider the report when determining
whether to release the individual to parole or extended supervision.
Current law requires DOC to send a notice to the municipal police department
and the county sheriff for the area where a person who is released from prison will
be residing. The bill specifies that a police chief or sheriff that receives notice that
a prisoner will be residing in the police chief's or sheriff's jurisdiction after release
to parole or extended supervision may release the information in the notice to
members of the general public if, in the opinion of the police chief or sheriff, providing
that information is necessary to protect the public.
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:
SB230,1
1Section
1. 302.11 (5) of the statutes is amended to read:
SB230,3,32
302.11
(5) Before a person is released on parole under this section, the
3department shall so notify the municipal police department and the county sheriff
4for the area where the person will be residing. The notification requirement does not
5apply if a municipal department or county sheriff submits to the department a
6written statement waiving the right to be notified. If applicable, the department
7shall also comply with s. 304.063.
A municipal police department or county sheriff
1that receives notice under this subsection may disseminate the information in the
2notice to members of the general public if, in the opinion of the police chief or sheriff,
3providing that information is necessary to protect the public.
SB230,2
4Section
2. 302.113 (6) of the statutes is amended to read:
SB230,3,135
302.113
(6) Before a person is released to extended supervision under this
6section, the department shall notify the municipal police department and the county
7sheriff for the area where the person will be residing. The notification requirement
8does not apply if a municipal department or county sheriff submits to the department
9a written statement waiving the right to be notified. If applicable, the department
10shall also comply with s. 304.063.
A municipal police department or county sheriff
11that receives notice under this subsection may disseminate the information in the
12notice to members of the general public if, in the opinion of the police chief or sheriff,
13providing that information is necessary to protect the public.
SB230,3
14Section
3. 302.113 (9g) (cd) of the statutes is created to read:
SB230,3,1915
302.113
(9g) (cd) An inmate who submits a petition under par. (c) shall submit
16to a psychological examination by a licensed physician, licensed psychologist, or
17other mental health professional. The licensed physician, licensed psychologist, or
18other mental health professional shall provide a report on the evaluation to the
19program review committee.
SB230,4
20Section
4. 302.113 (9g) (cm) of the statutes is amended to read:
SB230,4,521
302.113
(9g) (cm) If, after receiving the petition under par. (c)
and after
22reviewing the report under par. (cd), the program review committee determines that
23the public interest would be served by a modification of the inmate's bifurcated
24sentence in the manner provided under par. (f), the committee shall approve the
25petition for referral to the sentencing court and notify the department of its approval.
1The department shall then refer the inmate's petition to the sentencing court and
2request the court to conduct a hearing on the petition. If the program review
3committee determines that the public interest would not be served by a modification
4of the inmate's bifurcated sentence in the manner specified in par. (f), the committee
5shall deny the inmate's petition.
SB230,5
6Section
5. 302.113 (9g) (d) of the statutes is amended to read:
SB230,4,187
302.113
(9g) (d) When a court is notified by the department that it is referring
8to the court an inmate's petition for modification of the inmate's bifurcated sentence,
9the court shall schedule a hearing to determine whether the public interest would
10be served by a modification of the inmate's bifurcated sentence in the manner
11specified in par. (f). The inmate and the district attorney have the right to be present
12at the hearing, and any victim of the inmate's crime has the right to be present at the
13hearing and to provide
a an oral statement concerning the modification of the
14inmate's bifurcated sentence.
The court shall allow any victim making a statement
15under this paragraph to use visual aids. The court shall order such notice of the
16hearing date as it considers adequate to be given to the department, the inmate, the
17attorney representing the inmate, if applicable, and the district attorney. Victim
18notification shall be provided as specified under par. (g).
SB230,6
19Section 6
. 302.113 (9g) (g) 2. of the statutes is amended to read:
SB230,5,520
302.113
(9g) (g) 2. When a court schedules a hearing under par. (d), the clerk
21of the circuit court shall send a notice of hearing to the victim of the crime committed
22by the inmate, if the victim has submitted a card under subd. 3. requesting
23notification. The notice shall inform the victim that he or she may appear at the
24hearing scheduled under par. (d) and shall inform the victim of the manner in which
25he or she may provide
a an oral statement concerning the modification of the
1inmate's bifurcated sentence in the manner provided in par. (f).
The court shall allow
2any victim making a statement under this subdivision to use visual aids. The clerk
3of the circuit court shall make a reasonable attempt to send the notice of hearing to
4the last-known address of the inmate's victim, postmarked at least 10 days before
5the date of the hearing.
SB230,7
6Section
7. 302.114 (5) (bm) of the statutes is created to read:
SB230,5,127
302.114
(5) (bm) An inmate who submits a petition under par. (a) shall submit
8to a psychological examination by a licensed physician, licensed psychologist, or
9other mental health professional. The licensed physician, licensed psychologist, or
10other mental health professional shall provide a report on the evaluation to the court.
11The court shall consider the report in determining whether to release the inmate to
12extended supervision under this section.
SB230,8
13Section
8. 302.114 (5) (c) of the statutes is amended to read:
SB230,5,1914
302.114
(5) (c) Before deciding whether to grant or deny the inmate's petition,
15the court shall allow a victim, as defined in s. 950.02 (4), to make
a an oral statement
16or submit a
written statement concerning the release of the inmate to extended
17supervision. The court may allow any other person to make or submit a statement
18under this paragraph. Any statement under this paragraph must be relevant to the
19release of the inmate to extended supervision
and may include the use of visual aids.
SB230,9
20Section
9. 302.114 (7) of the statutes is amended to read:
SB230,6,421
302.114
(7) Before a person is released to extended supervision under this
22section, the department shall notify the municipal police department and the county
23sheriff for the area where the person will be residing. The notification requirement
24does not apply if a municipal department or county sheriff submits to the department
25a written statement waiving the right to be notified. If applicable, the department
1shall also comply with s. 304.063.
A municipal police department or county sheriff
2that receives notice under this subsection may disseminate the information in the
3notice to members of the general public if, in the opinion of the police chief or sheriff,
4providing that information is necessary to protect the public.
SB230,10
5Section
10. 304.06 (1) (eg) of the statutes is amended to read:
SB230,6,106
304.06
(1) (eg) The parole commission shall permit any person under par. (c)
73. to attend any interview or hearing on the application for parole of an applicable
8inmate and to make
a an oral statement at that interview or hearing.
The parole
9commission shall permit a person who is making a statement under this paragraph
10to use visual aids.
SB230,11
11Section
11. 304.06 (1) (g) of the statutes is amended to read:
SB230,6,2112
304.06
(1) (g) Before a person is released on parole under this subsection, the
13parole commission shall so notify the municipal police department and the county
14sheriff for the area where the person will be residing. The notification requirement
15under this paragraph does not apply if a municipal department or county sheriff
16submits to the parole commission a written statement waiving the right to be
17notified. If applicable, the department shall also comply with s. 304.063.
A
18municipal police department or county sheriff that receives notice under this
19paragraph may disseminate the information in the notice to members of the general
20public if, in the opinion of the police chief or sheriff, providing that information is
21necessary to protect the public.
SB230,12
22Section
12. 304.06 (2d) of the statutes is created to read:
SB230,7,423
304.06
(2d) No prisoner may be paroled under this section unless a licensed
24physician, licensed psychologist, or other mental health professional performs a
25psychological evaluation of the prisoner. The licensed physician, licensed
1psychologist, or other mental health professional shall provide a report on the
2evaluation to the parole commission. The parole commission shall consider the
3results of the psychological evaluation in determining whether to parole the
4prisoner.
SB230,13
5Section
13. 304.063 (3) of the statutes is amended to read:
SB230,7,86
304.063
(3) The department shall make a reasonable attempt to send the
7notice, postmarked at least
7 30 days before a prisoner is released on parole or
8extended supervision, to the last-known address of the persons under sub. (2).
SB230,14
9Section
14.
Initial applicability.
SB230,7,1110
(1) This act first applies to a person who is eligible for parole or release to
11extended supervision on the effective date of this subsection.