302.05 (2) Transfer to a correctional treatment facility for the treatment of substance abuse participation in a program described in sub. (1) shall be considered a transfer under s. 302.18.
28,2709
Section
2709. 302.05 (3) (b) of the statutes is amended to read:
302.05 (3) (b) Except as provided in par. (d), if the department determines that an eligible inmate serving a sentence other than one imposed under s. 973.01 has successfully completed a treatment rehabilitation program described in sub. (1), the parole earned release review commission shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served. If the parole earned release review commission grants parole under this paragraph, it shall require the parolee to participate in an intensive supervision program for drug abusers appropriate to the parolee's rehabilitation needs as a condition of parole.
28,2710
Section
2710. 302.05 (3) (c) 1. of the statutes is amended to read:
302.05 (3) (c) 1. Except as provided in par. (d), if the department determines that an eligible inmate serving the term of confinement in prison portion of a bifurcated sentence imposed under s. 973.01 has successfully completed a treatment rehabilitation program described in sub. (1), the department shall inform the court that sentenced the inmate.
28,2711
Section
2711. 302.05 (3) (c) 2. (intro.) of the statutes is amended to read:
302.05 (3) (c) 2. (intro.) Upon being informed by the department under subd. 1. that an inmate whom the court sentenced under s. 973.01 has successfully completed a treatment rehabilitation program described in sub. (1), the court shall modify the inmate's bifurcated sentence as follows:
28,2711m
Section 2711m. 302.05 (3) (c) 3. of the statutes is created to read:
302.05 (3) (c) 3. Upon receiving a court order modifying an inmate's bifurcated sentence, the department shall release the inmate within 6 working days, as defined in s. 227.01 (14) and as computed in s. 990.001 (4).
28,2712
Section
2712. 302.05 (3) (d) of the statutes is amended to read:
302.05 (3) (d) The department may place intensive sanctions program participants in a treatment rehabilitation program described in sub. (1), but pars. (b) and (c) do not apply to those participants.
28,2713
Section
2713. 302.105 (1) (a) of the statutes is amended to read:
302.105 (1) (a) "Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.
28,2714
Section
2714. 302.11 (1g) (b) (intro.) of the statutes is amended to read:
302.11 (1g) (b) (intro.) Before an incarcerated inmate with a presumptive mandatory release date reaches the presumptive mandatory release date specified under par. (am), the parole earned release review commission shall proceed under s. 304.06 (1) to consider whether to deny presumptive mandatory release to the inmate. If the parole earned release review commission does not deny presumptive mandatory release, the inmate shall be released on parole. The parole earned release review commission may deny presumptive mandatory release to an inmate only on one or more of the following grounds:
28,2715
Section
2715. 302.11 (1g) (b) 2. of the statutes is amended to read:
302.11 (1g) (b) 2. Refusal by the inmate to participate in counseling or treatment that the social service and clinical staff of the institution determines is necessary for the inmate, including pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen if the inmate is a serious child sex offender as defined in s. 304.06 (1q) (a). The parole earned release review commission may not deny presumptive mandatory release to an inmate because of the inmate's refusal to participate in a rehabilitation program under s. 301.047.
28,2716
Section
2716. 302.11 (1g) (c) of the statutes is amended to read:
302.11 (1g) (c) If the parole earned release review commission denies presumptive mandatory release to an inmate under par. (b), the parole earned release review commission shall schedule regular reviews of the inmate's case to consider whether to parole the inmate under s. 304.06 (1).
28,2717
Section
2717. 302.11 (1g) (d) of the statutes is amended to read:
302.11 (1g) (d) An inmate may seek review of a decision by the parole earned release review commission relating to the denial of presumptive mandatory release only by the common law writ of certiorari.
28,2718
Section
2718. 302.11 (1m) of the statutes is amended to read:
302.11 (1m) An inmate serving a life term is not entitled to mandatory release. Except as provided in ss. 939.62 (2m) (c) and 973.014, the parole earned release review commission may parole the inmate as specified in s. 304.06 (1).
28,2719
Section
2719. 302.11 (7) (c) of the statutes is amended to read:
302.11 (7) (c) The parole earned release review commission may subsequently parole, under s. 304.06 (1), and the department may subsequently parole, under s. 304.02, a parolee who is returned to prison for violation of a condition of parole.
28,2720
Section
2720. 302.113 (1) of the statutes is amended to read:
302.113 (1) An inmate is subject to this section if he or she is serving a bifurcated sentence imposed under s. 973.01. An inmate convicted of a misdemeanor or of a Class F to Class I felony that is not a violent offense, as defined in s. 301.048 (2) (bm) 1., and who is eligible for positive adjustment time under sub. (2) (b) pursuant to s. 973.01 (3d) (b) may be released to extended supervision under sub. (2) (b) or (9h). An inmate convicted of a Class C to Class E felony or a Class F to Class I felony that is a violent offense, as defined in s. 301.048 (2) (bm) 1., or a Class F to Class I felony that is not a violent offense, as defined under s. 301.048 (2) (bm) 1., but who is ineligible for positive adjustment time under sub. (2) (b) pursuant to s. 973.01 (3d) (b) may be released to extended supervision only under sub. (2) (a) or (9h) or s. 304.06.
28,2721
Section
2721. 302.113 (2) of the statutes is renumbered 302.113 (2) (a) and amended to read:
302.113 (2) (a) Except as provided in par. (b) and subs. (3) and (9) and s. 304.06, 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 department under sub. (9h), as modified under s. 302.1135 by the earned release review commission in the manner specified in s. 302.1135 (6) (a), or as modified by the sentencing court under sub. (9g) or s. 302.045 (3m) (b) 1., 302.05 (3) (c) 2. a., or 973.195 (1r), if applicable.
28,2722
Section
2722. 302.113 (2) (b) of the statutes is created to read:
302.113 (2) (b) An inmate sentenced under s. 973.01 for a misdemeanor or for a Class F to Class I felony that is not a violent offense, as defined in s. 301.048 (2) (bm) 1., may earn one day of positive adjustment time for every 2 days served that he or she does not violate any regulation of the prison or does not refuse or neglect to perform required or assigned duties. An inmate convicted of a misdemeanor or a Class F to Class I felony that is not a violent offense, as defined in s. 301.048 (2) (bm) 1., shall be released to extended supervision when he or she has served the term of confinement in prison portion of his or her bifurcated sentence, as modified by the sentencing court under s. 302.045 (3m) (b) 1. or 302.05 (3) (c) 2. a., if applicable, less positive adjustment time he or she has earned. This paragraph does not apply to any of the following:
1d. A person sentenced on or after the effective date of this subdivision .... [LRB inserts date].
1m. A person who is the subject of a bulletin issued under s. 301.46 (2m).
2. A person who has, in his or her lifetime, been convicted of or found not guilty by reason of mental disease or defect of a sex offense, as defined in s. 301.45 (1d) (b).
3. A person who has, in his or her lifetime, been found to have committed a sex offense in another jurisdiction, as defined in s. 301.45 (1d) (am).
4. A person who is required to register under s. 301.45.
5. A person who has, in his or her lifetime, been committed under ch. 975.
6. A violent offender, as defined in s. 16.964 (12) (a).
7. A person who is serving, begins to serve, or who has served during his or her current period of confinement, a sentence for a Class F to Class I felony that is a violent offense, as defined in s. 301.048 (2) (bm) 1.
8. A person who is serving, begins to serve, or who has served during his or her current period of confinement, a sentence for a Class C to Class E felony.
9. A person who is ineligible for positive adjustment time under this paragraph pursuant to s. 973.01 (3d) (b).
10. A person who is serving a sentence for an offense against an elderly or vulnerable person, as defined in s. 939.22 (20d).
11. A person who is serving a sentence for an offense related to ethical government, as defined in s. 939.22 (20m).
12. A person who is serving a sentence for an offense related to school safety, as defined in s. 939.22 (20s).
13. A person who is serving a sentence for a felony murder under s. 940.03.
14. A person who is serving a sentence for a violation of s. 940.11 (1).
15. A person who is serving a sentence for a violation of s. 940.235.
16. A person who is serving a sentence for a violation of s. 940.32 (3).
17. A person who is serving a sentence for a violation of s. 941.21.
18. A person who is serving a sentence for a violation of s. 946.465.
28,2722L
Section 2722L. 302.113 (2) (c) of the statutes is created to read:
302.113 (2) (c) 1. When an inmate is within 90 days of release to extended supervision under par. (b), the department shall notify the sentencing court that it intends to modify the inmate's sentence and release the inmate to extended supervision under par. (b), and the court may hold a review hearing. If the court does not schedule a review hearing within 30 days after notification under this subsection, the department may proceed under par. (b).
2. a. If the sentencing court opts to conduct a review, it shall hold the hearing and issue an order relating to the inmate's sentence modification and release to extended supervision within 60 days of its notification under subd. 1.
b. At the hearing, the court may consider the inmate's conduct in prison, his or her level of risk of reoffending, based on a verified, objective instrument, and the nature of the offense committed by the inmate. The court may accept the department's determination that the inmate has earned positive adjustment time under par. (b), reject the department's determination that the inmate has earned positive adjustment time under par. (b), or order the inmate to remain in prison for a period that does not exceed the time remaining on the inmate's term of confinement.
28,2723
Section
2723. 302.113 (3) (d) of the statutes is amended to read:
302.113 (3) (d) If the term of confinement in prison portion of a bifurcated sentence for a Class B felony is increased under this subsection, the term of extended supervision is reduced so that the total length of the bifurcated sentence does not change.
28,2724
Section
2724. 302.113 (3) (e) of the statutes is created to read:
302.113 (3) (e) If an inmate is released to extended supervision under sub. (2) (b) after he or she has served less than his or her entire confinement in prison portion of the sentence imposed under s. 973.01, the term of extended supervision is increased so that the total length of the bifurcated sentence does not change.
28,2724h
Section 2724h. 302.113 (3m) (a) and (b) of the statutes are created to read:
302.113 (3m) (a) The warden or superintendent shall keep a record of the conduct of each inmate who is returned to prison after revocation of extended supervision, specifying each infraction of the rules. If a person violates any regulation of the prison or refuses or neglects to participate in required programming or treatment, the department may extend the period imposed under sub. (9) by not more than 90 days.
(b) No extension under par. (a) may require a person to serve more days in prison than the total length of the bifurcated sentence imposed on the person under s. 973.01.
28,2725
Section
2725. 302.113 (7) of the statutes is amended to read:
302.113 (7) Any inmate released to extended supervision under this section is subject to all conditions and rules of extended supervision until the expiration of the term of extended supervision portion of the bifurcated sentence or until the department discharges the inmate under s. 973.01 (4m), whichever is appropriate. The department may set conditions of extended supervision in addition to any conditions of extended supervision required under s. 302.116, if applicable, or set by the court under sub. (7m) or s. 973.01 (5) if the conditions set by the department do not conflict with the court's conditions.
28,2726
Section 2726. 302.113 (9) (am) of the statutes is
renumbered 302.113 (9) (am) 1. and amended to read:
302.113 (9) (am) 1. If a person released to extended supervision under this section or under s. 302.1135 violates a condition of extended supervision, the reviewing authority may revoke the extended supervision of the person. If the extended supervision of the person is revoked, the person shall be returned to the circuit court for the county in which the person was convicted of the offense for which he or she was on extended supervision, and the court reviewing authority shall order the person to be returned to prison for
any specified period of time that does not exceed, except as provided in subd. 2., 6 months or the time remaining on the bifurcated sentence
. The, whichever is less.
3. For purposes of subds. 1. and 2., the 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) and less all time served in confinement for previous revocations of extended supervision under the sentence.
4. The court order returning a person to prison under this paragraph subd. 1. shall provide the person whose extended supervision was revoked with credit in accordance with ss. 304.072 and 973.155.
28,2726h
Section 2726h. 302.113 (9) (am) 2. of the statutes is created to read:
302.113 (9) (am) 2. The reviewing authority shall order the person whose extended supervision is revoked to be returned to prison for a period the department determines is appropriate that is more than 6 months but that does not exceed the time remaining on the bifurcated sentence if any of the following applies:
a. The department determines that the person's conduct that was the violation of the condition of extended supervision leading to the revocation indicates that the person would be a substantial risk to public safety if the period were less than 6 months.
b. The person is a person specified in sub. (2) (b) 1. to 5.
28,2726p
Section 2726p. 302.113 (9) (am) 3m. of the statutes is created to read:
302.113 (9) (am) 3m. For purposes of subd. 2. a., the department shall promulgate rules defining "substantial risk to public safety."
28,2727
Section
2727. 302.113 (9) (at) of the statutes is repealed.
28,2728
Section
2728. 302.113 (9) (b) of the statutes is amended to read:
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 court order under par. (am). The period of time specified under par. (am) may be extended in accordance with sub.
(3) (3m) . If a person is returned to prison under par. (am) 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 court order under par. (am) and any periods of extension imposed in accordance with sub.
(3) (3m) .
28,2729
Section
2729. 302.113 (9) (c) of the statutes is amended to read:
302.113 (9) (c) A person who is subsequently released to extended supervision after service of the period of time specified by the court order under par. (am) is subject to all conditions and rules under subs. (7) and, if applicable, (7m) until the expiration of the remaining extended supervision portion of the bifurcated sentence or until the department discharges the person under s. 973.01 (4m), whichever is appropriate. 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.
28,2729j
Section 2729j. 302.113 (9g) (a) (intro.) of the statutes is renumbered 302.1135 (1) (intro.) and amended to read:
302.1135 (1) (intro.) In this subsection section:
28,2729L
Section 2729L. 302.113 (9g) (a) 1. of the statutes is repealed.
28,2729p
Section 2729p. 302.113 (9g) (a) 2. of the statutes is renumbered 302.1135 (1) (b) and amended to read:
302.1135 (1) (b) "Terminal condition" "Extraordinary health condition" means an incurable a condition afflicting a person, caused by injury, disease, or illness, as a result of which the person has a medical prognosis that his or her life expectancy is 6 months or less, even with available life-sustaining treatment provided in accordance with the prevailing standard of medical care such as advanced age, infirmity, or disability of the person or a need for medical treatment or services not available within a correctional institution.
28,2729r
Section 2729r. 302.113 (9g) (b) (intro.) of the statutes is renumbered 302.1135 (2) (intro.) and amended to read:
302.1135 (2) (intro.) An inmate who is serving a bifurcated sentence for a crime other than a Class B felony imposed under s. 973.01 or, notwithstanding s. 973.014 (1g) (a) or (2), an inmate who is serving a life sentence imposed under s. 973.014 may seek modification of the bifurcated sentence in the manner specified in par. (f) sub. (6) if he or she meets one of the following criteria:
28,2729t
Section 2729t. 302.113 (9g) (b) 1. of the statutes is renumbered 302.1135 (2) (a) and amended to read:
302.1135 (2) (a) The inmate is 65 years of age or older and has served at least 5 years of the term of confinement in prison portion of the bifurcated sentence for a sentence imposed under s. 973.01 or has served at least 5 years in prison for a life sentence imposed under s. 973.014.
28,2729v
Section 2729v. 302.113 (9g) (b) 2. of the statutes is renumbered 302.1135 (2) (b) and amended to read:
302.1135 (2) (b) The inmate is 60 years of age or older and has served at least 10 years of the term of confinement in prison portion of the bifurcated sentence for a sentence imposed under s. 973.01 or has served at least 10 years in prison for a life sentence imposed under s. 973.014.
