2. The prison social worker or extended supervision agent of record has reason to believe that the person will be able to maintain himself or herself while not confined without engaging in assaultive activity.
3. The release to extended supervision date is not more than 12 months before the person's extended supervision eligibility date.
(d) If the conditions under pars. (b) and (c) are met, the department may modify, in the manner specified under par. (e), the sentence of any person by releasing him or her to extended supervision under this subsection, and, if the department releases the person to extended supervision, the department shall:
1. Notify the office of the court that participated in the trial or that accepted the person's plea of guilty or no contest, whichever is applicable.
2. Notify the office of the district attorney that participated in the trial of the person or that prepared for proceedings under s. 971.08 regarding the person's plea of guilty or no contest, whichever is applicable.
(e) The department may modify a person's bifurcated sentence under this subsection only as follows:
1. The department shall reduce the term of confinement in prison portion of the person's bifurcated sentence in a manner that provides for the release of the person to extended supervision within 30 days after the date on which the department modifies the bifurcated sentence.
2. The department shall lengthen the term of extended supervision imposed so that the total length of the bifurcated sentence originally imposed does not change.
(em) 1. When a person is within 90 days of release to extended supervision under par. (e), the department shall notify the sentencing court that it intends to modify the
person's sentence and release the person to extended supervision under par. (e), 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. (e).
2. a. If the sentencing court opts to conduct a review, it shall hold the hearing and issue an order relating to the person'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 person'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 person. The court may accept the department's modification of the person's sentence, reject the department's modification of the person's sentence, or order the person to remain in prison for a period that does not exceed the time remaining on the person's term of confinement.
(f) This subsection does not apply to any of the following:
1. 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.
28,2739d
Section 2739d. 302.1135 (title) of the statutes is created to read:
302.1135 (title) Release to extended supervision for extraordinary health circumstances.
28,2739f
Section 2739f. 302.1135 (1) (a) of the statutes is created to read:
302.1135 (1) (a) "Commission" means the earned release review commission under s. 15.145.
28,2739h
Section 2739h. 302.1135 (6) (a) (intro.) of the statutes is created to read:
302.1135 (6) (a) (intro.) If the inmate was sentenced to a bifurcated sentence under s. 973.01, the commission shall do all of the following:
28,2739j
Section 2739j. 302.1135 (6) (b) of the statutes is created to read:
302.1135 (6) (b) If the inmate was sentenced to life imprisonment under s. 973.014, notwithstanding s. 973.014 (1g) (a) or (2), the commission shall release the inmate to extended supervision within 30 days after the date on which the commission modifies the sentence and shall impose the term of extended supervision so that the total length of the sentence originally imposed does not change.
28,2739p
Section 2739p. 302.114 (9) (am) of the statutes is amended to read:
302.114 (9) (am) 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 shall order the person to be returned to prison for a specified period of time before he or she is eligible for being released again to extended supervision. The period of time specified under this paragraph may not be less than 5 years and may be extended in accordance with sub. (3).
28,2740
Section
2740. 302.114 (9) (c) of the statutes is amended to read:
302.114 (9) (c) A person who is subsequently released to extended supervision under par. (bm) is subject to all conditions and rules under sub. (8) until the expiration of the sentence or until the department discharges the person under s. 973.01 (4m), whichever is appropriate.
28,2740b
Section 2740b. 302.388 (1) (a) of the statutes is amended to read:
302.388 (1) (a) "Health care provider" has the meaning given in s. 146.81 (1) (a) to (p).
28,2740c
Section 2740c. 302.425 (2) of the statutes is amended to read:
302.425 (2) Sheriff's or superintendent's general authority. Subject to the limitations under sub. (3), a county sheriff or a superintendent of a house of correction may place in the home detention program any person confined in jail who has been arrested for, charged with, convicted of or sentenced for a crime. The sheriff or superintendent may transfer any prisoner in the home detention program to the jail.
28,2740g
Section 2740g. 302.425 (3) of the statutes is amended to read:
302.425 (3) Placement of a prisoner in the program. If a prisoner described under sub. (2) and the department agree, the The sheriff or superintendent may, if he or she determines that the home detention program is appropriate for a prisoner, place the prisoner in the home detention program and provide that the prisoner be detained at the prisoner's place of residence or other place designated by the sheriff or superintendent and be monitored by an active electronic monitoring system. The sheriff or superintendent shall establish reasonable terms of detention and ensure that the prisoner is provided a written statement of those terms, including a description of the detention monitoring procedures and requirements and of any applicable liability issues. The terms may include a requirement that the prisoner pay the county a daily fee to cover the county costs associated with monitoring him or her. The county may obtain payment under this subsection or s. 302.372, but may not collect for the same expenses twice.
28,2740n
Section 2740n. 302.425 (7) of the statutes is renumbered 302.425 (7) (intro.) and amended to read:
302.425 (7) Court-ordered detention Exceptions. (intro.) This section does not apply to
persons sentenced under s. 973.04.:
28,2740r
Section 2740r. 302.425 (7) (a) of the statutes is created to read:
302.425 (7) (a) A person sentenced under s. 973.04.
28,2740w
Section 2740w. 302.425 (7) (b) of the statutes is created to read:
302.425 (7) (b) A person in jail pending the disposition of his or her parole, extended supervision, or probation revocation proceedings.
28,2740y
Section 2740y. 302.46 (1) (a) of the statutes is amended to read:
302.46 (1) (a) If a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), for a financial responsibility violation under s. 344.62 (2), or for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations, violations under s. 343.51 (1m) (b), or safety belt use violations under s. 347.48 (2m), the court, in addition, shall impose a jail surcharge under ch. 814 in an amount of 1 percent of the fine or forfeiture imposed or $10, whichever is greater. If multiple offenses are involved, the court shall determine the jail surcharge on the basis of each fine or forfeiture. If a fine or forfeiture is suspended in whole or in part, the court shall reduce the jail surcharge in proportion to the suspension.
28,2741e
Section 2741e. 303.065 (5) (dm) of the statutes is amended to read:
303.065 (5) (dm) Payment for legal representation under s. 977.07 (2) (2m), 977.075 or 977.076;
28,2742
Section
2742. 304.01 (title) of the statutes is amended to read:
304.01 (title) Parole Earned release review commission and commission chairperson; general duties.
28,2743
Section
2743. 304.01 (1) of the statutes is amended to read:
304.01 (1) The chairperson of the parole earned release review commission shall administer and supervise the commission and its activities and shall be the final parole granting authority for granting parole or release to extended supervision, except as provided in s. 304.02.
28,2744
Section
2744. 304.01 (2) (intro.) of the statutes is amended to read:
304.01 (2) (intro.) The parole earned release review commission shall conduct regularly scheduled interviews to consider the parole or release to extended supervision of eligible inmates of the adult correctional institutions under the control of the department of corrections, eligible inmates transferred under ch. 51 and under the control of the department of health services and eligible inmates in any county house of correction. The department of corrections shall provide all of the following to the parole earned release review commission:
28,2745
Section
2745. 304.01 (2) (b) of the statutes is amended to read:
304.01 (2) (b) Scheduling assistance for parole interviews for prisoners who have applied for parole or release to extended supervision at the correctional institutions.
28,2746
Section
2746. 304.01 (2) (c) of the statutes is amended to read:
304.01 (2) (c) Clerical support related to the parole interviews for prisoners who have applied for parole or release to extended supervision.
28,2747
Section
2747. 304.01 (2) (d) of the statutes is amended to read:
304.01 (2) (d) Appropriate physical space at the correctional institutions to conduct the parole interviews for prisoners who have applied for parole or release to extended supervision.
28,2748
Section
2748. 304.06 (title) of the statutes is amended to read:
304.06 (title) Paroles Release to parole or extended supervision from state prisons and house of correction.
28,2749
Section
2749. 304.06 (1) (a) 1. of the statutes is amended to read:
304.06 (1) (a) 1. "Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.
28,2750
Section
2750. 304.06 (1) (b) of the statutes is amended to read:
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, the parole earned release review 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% 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), the parole earned release review 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), 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 earned release review commission shall not provide any convicted offender or other person sentenced to the department's custody any parole eligibility or evaluation for parole or release to extended supervision until the person has been confined at least 60 days following sentencing.
28,2751
Section
2751. 304.06 (1) (bg) of the statutes is created to read:
304.06 (1) (bg) 1. A person sentenced under s. 973.01 for a Class F to Class I felony or a misdemeanor that is not a violent offense, as defined in s. 301.048 (2) (bm) 1., and who is ineligible for positive adjustment time under s. 302.113 (2) (b) pursuant to s. 973.01 (3d) (b) or for a Class F to Class I felony that is a violent offense, as defined in s. 301.048 (2) (bm) 1., may earn one day of positive adjustment time for every 3 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. The person may petition the earned release review commission for release 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., less positive adjustment time he or she has earned. This subdivision does not apply to any of the following:
ad. A person sentenced on or after the effective date of this subd. 1. ad. .... [LRB inserts date].
am. A person who is the subject of a bulletin issued under s. 301.46 (2m).
b. 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).
c. 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).
d. A person who is required to register under s. 301.45.
e. A person who has, in his or her lifetime, been committed under ch. 975.
f. 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.
g. A person who is serving a sentence for an offense against an elderly or vulnerable person, as defined in s. 939.22 (20d).
h. A person who is serving a sentence for an offense related to ethical government, as defined in s. 939.22 (20m).
i. A person who is serving a sentence for an offense related to school safety, as defined in s. 939.22 (20s).
j. A person who is serving a sentence for a felony murder under s. 940.03.
k. A person who is serving a sentence for a violation of s. 940.11 (1).
L. A person who is serving a sentence for a violation of s. 940.235.
m. A person who is serving a sentence for a violation of s. 940.32 (3).
n. A person who is serving a sentence for a violation of s. 941.21.
o. A person who is serving a sentence for a violation of s. 946.465.
2. A person sentenced under s. 973.01 for a Class C to Class E felony may earn one day of positive adjustment time for every 5.7 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 Class C to Class E felony may petition the earned release review commission for release 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., less positive adjustment time he or she has earned. This subdivision does not apply to any of the following:
ad. A person sentenced on or after the effective date of this subd. 2. ad. .... [LRB inserts date].
am. A person who is the subject of a bulletin issued under s. 301.46 (2m).
b. 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).
c. 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).
d. A person who is required to register under s. 301.45.
e. A person who has, in his or her lifetime, been committed under ch. 975.
f. A person who is serving a sentence for an offense against an elderly or vulnerable person, as defined in s. 939.22 (20d).
