2011 Wisconsin Act 38

38,6 Section 6. 20.410 (2) (a) of the statutes is amended to read:

20.410 (2) (a) General program operations. The amounts in the schedule for the general program operations of the earned release review parole commission.

38,7 Section 7. 20.923 (4) (b) 6. of the statutes is amended to read:

20.923 (4) (b) 6. Earned release review Parole commission: chairperson.

38,8 Section 8. 230.08 (2) (pd) of the statutes is amended to read:

230.08 (2) (pd) The chairperson of the earned release review parole commission.

38,9 Section 9. 301.03 (3) of the statutes is amended to read:

301.03 (3) Administer parole, extended supervision, and probation matters, except that the decision to grant or deny parole or to grant extended supervision under s. 304.06 (1) to inmates shall be made by the earned release review parole commission and the decision to revoke probation, extended supervision, or parole in cases in which there is no waiver of the right to a hearing shall be made by the division of hearings and appeals in the department of administration. The secretary may grant special action parole releases under s. 304.02. The department may discharge inmates from extended supervision under s. 973.01 (4m) and may modify a bifurcated sentence under s. 302.113 (9h), and the earned release review commission may modify a sentence under s. 302.1135. The department shall promulgate rules establishing a drug testing program for probationers, parolees and persons placed on extended supervision. The rules shall provide for assessment of fees upon probationers, parolees and persons placed on extended supervision to partially offset the costs of the program.

38,10 Section 10. 301.048 (2) (am) 3. of the statutes is amended to read:

301.048 (2) (am) 3. The earned release review parole commission grants him or her parole under s. 304.06 and requires his or her participation in the program as a condition of parole under s. 304.06 (1x).

38,11 Section 11. 301.21 (1m) (c) of the statutes is amended to read:

301.21 (1m) (c) Any hearing to consider parole or whether to grant extended supervision, if the inmate is sentenced under s. 973.01 to which an inmate confined under this contract may be entitled by the laws of Wisconsin will be conducted by the Wisconsin earned release review parole commission under rules of the department.

38,12 Section 12. 301.21 (2m) (c) of the statutes is amended to read:

301.21 (2m) (c) Any hearing to consider parole or whether to grant extended supervision, if the prisoner is sentenced under s. 973.01 to which a prisoner confined under a contract under this subsection may be entitled by the laws of Wisconsin shall be conducted by the Wisconsin earned release review parole commission under rules of the department.

38,13 Section 13. 302.042 of the statutes is repealed.

38,14m Section 14m. 302.043 of the statutes is created to read:

302.043 Release of inmates serving risk reduction sentences. (1) When an inmate who is serving a risk reduction sentence imposed under s. 973.031, 2009 stats., has served not less than 75 percent of the term of confinement portion of his or her sentence under s. 973.01 and the department determines that he or she has completed the programming or treatment under his or her plan and that the inmate maintained a good conduct record during his or her term of confinement, the department shall notify the sentencing court that the inmate has successfully completed the requirements of his or her risk reduction sentence.

(2) Upon receipt of notice under sub. (1), the court shall release the inmate to extended supervision.

(3) Upon receiving a court order releasing the inmate under sub. (2), 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).

38,15 Section 15. 302.045 (1) of the statutes is amended to read:

302.045 (1) Program. The department shall provide a challenge incarceration program for inmates selected to participate under sub. (2). The program shall provide participants with manual labor, personal development counseling, substance abuse treatment and education, military drill and ceremony, counseling, and strenuous physical exercise, for participants who have not attained the age of 30 as of the date on which they begin participating in the program, or age-appropriate strenuous physical exercise, for all other participants, in preparation for release on parole or extended supervision. The program shall provide, according to each participant's needs as assessed under sub. (2) (d), substance abuse treatment and education, including intensive intervention when indicated, personal development counseling, education, employment readiness training, and other treatment options that are directly related to the participant's criminal behavior. The department shall design the program to include not less fewer than 50 participants at a time and so that a participant may complete the program in not more than 180 days. The department may restrict participant privileges as necessary to maintain discipline.

38,16 Section 16. 302.045 (2) (d) of the statutes is repealed and recreated to read:

302.045 (2) (d) The department determines, during assessment and evaluation, that the inmate has a substance abuse problem.

38,17 Section 17. 302.045 (3) of the statutes is amended to read:

302.045 (3) Parole eligibility. Except as provided in sub. (4), if the department determines that an inmate serving a sentence other than one imposed under s. 973.01 has successfully completed the challenge incarceration program, the earned release review parole commission shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served. When the earned release review parole commission grants parole under this subsection, it must require the parolee to participate in an intensive supervision program appropriate to the parolee's rehabilitation needs for drug abusers as a condition of parole.

38,19 Section 19. 302.05 (title) of the statutes is amended to read:

302.05 (title) Wisconsin earned release substance abuse program.

38,20 Section 20. 302.05 (1) of the statutes is renumbered 302.05 (1) (am) (intro.) and amended to read:

302.05 (1) (am) (intro.) The department of corrections shall, at any correctional facility the department determines is appropriate, provide a rehabilitation program for inmates for the purposes of the earned release program described in sub. (3). and the department of health services may designate a section of a mental health institute as a correctional treatment facility for the treatment of substance abuse of inmates transferred from Wisconsin state prisons. This section shall be administered by the department of corrections and shall be known as the Wisconsin substance abuse program. The department of corrections and the department of health services shall ensure that the residents at the institution and the residents in the substance abuse program:

38,21 Section 21. 302.05 (1) (am) 1. of the statutes is created to read:

302.05 (1) (am) 1. Have access to all facilities that are available at the institution and are necessary for the treatment programs designed by the departments.

38,22 Section 22. 302.05 (1) (am) 2. of the statutes is created to read:

302.05 (1) (am) 2. Are housed on separate wards.

38,23 Section 23. 302.05 (1) (b) of the statutes is created to read:

302.05 (1) (b) The department of corrections and the department of health services shall, at any correctional facility the departments determine is appropriate, provide a substance abuse treatment program for inmates for the purposes of the program described in sub. (3).

38,24 Section 24. 302.05 (2) of the statutes is amended to read:

302.05 (2) Transfer to a correctional treatment facility for participation in a program described in sub. (1) the treatment of substance abuse shall be considered a transfer under s. 302.18.

38,25 Section 25. 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 rehabilitation treatment program described in sub. (1), the earned release review parole commission shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served. If the earned release review parole commission grants parole under this paragraph, it shall require the parolee to participate in an intensive supervision program appropriate to the parolee's rehabilitation needs for drug abusers as a condition of parole.

38,26 Section 26. 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 rehabilitation treatment program described in sub. (1), the department shall inform the court that sentenced the inmate.

38,27 Section 27. 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 rehabilitation treatment program described in sub. (1), the court shall modify the inmate's bifurcated sentence as follows:

38,29 Section 29. 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 rehabilitation treatment program described in sub. (1), but pars. (b) and (c) do not apply to those participants.

38,30 Section 30. 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 earned release review parole commission shall proceed under s. 304.06 (1) to consider whether to deny presumptive mandatory release to the inmate. If the earned release review parole commission does not deny presumptive mandatory release, the inmate shall be released on parole. The earned release review parole commission may deny presumptive mandatory release to an inmate only on one or more of the following grounds:

38,31 Section 31. 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 earned release review parole 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.

38,32 Section 32. 302.11 (1g) (c) of the statutes is amended to read:

302.11 (1g) (c) If the earned release review parole commission denies presumptive mandatory release to an inmate under par. (b), the earned release review parole commission shall schedule regular reviews of the inmate's case to consider whether to parole the inmate under s. 304.06 (1).

38,33 Section 33. 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 earned release review parole commission relating to the denial of presumptive mandatory release only by the common law writ of certiorari.

38,34 Section 34. 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 earned release review parole commission may parole the inmate as specified in s. 304.06 (1).

38,35 Section 35. 302.11 (7) (c) of the statutes is amended to read:

302.11 (7) (c) The earned release review parole 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.

38,36 Section 36. 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.

38,37 Section 37. 302.113 (2) (a) of the statutes is renumbered 302.113 (2) and amended to read:

302.113 (2) 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), or 973.198, if applicable.

38,38 Section 38. 302.113 (2) (b) of the statutes is repealed.

38,39 Section 39. 302.113 (2) (c) of the statutes is repealed.

38,40 Section 40. 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.

38,41 Section 41. 302.113 (3) (e) of the statutes is repealed.

38,42 Section 42. 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.

38,43 Section 43. 302.113 (9) (am) of the statutes is amended to read:

302.113 (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 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 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. The order returning a person to prison under this paragraph shall provide the person whose extended supervision was revoked with credit in accordance with ss. 304.072 and 973.155.

38,44 Section 44. 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 order under par. (am) is subject to all conditions and rules under sub. (7) and, if applicable, sub. (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.

38,45 Section 45. 302.113 (9g) of the statutes is created to read:

302.113 (9g) (a) In this subsection:

1. "Extraordinary health condition" means a condition afflicting a person, such as advanced age, infirmity, or disability of the person or a need for medical treatment or services not available within a correctional institution.

2. "Program review committee" means the committee at a correctional institution that reviews the security classifications, institution assignments, and correctional programming assignments of inmates confined in the institution.

(b) An inmate who is serving a bifurcated sentence for a crime other than a Class B felony may seek modification of the bifurcated sentence in the manner specified in par. (f) if he or she meets one of the following criteria:

1. 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.

2. 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.

3. The inmate has an extraordinary health condition.

(c) An inmate who meets a criterion under par. (b) may submit a petition to the program review committee at the correctional institution in which the inmate is confined requesting a modification of the inmate's bifurcated sentence in the manner specified in par. (f). If the inmate alleges in the petition that he or she has an extraordinary health condition, the inmate shall attach to the petition affidavits from 2 physicians setting forth a diagnosis that the inmate has an extraordinary health condition.

(cm) If, after receiving the petition under par. (c), the program review committee determines that the public interest would be served by a modification of the inmate's bifurcated sentence in the manner provided under par. (f), the committee shall approve the petition for referral to the sentencing court and notify the department of its approval. The department shall then refer the inmate's petition to the sentencing court and request the court to conduct a hearing on the petition. If the program review committee determines that the public interest would not be served by a modification of the inmate's bifurcated sentence in the manner specified in par. (f), the committee shall deny the inmate's petition.

(d) When a court is notified by the department that it is referring to the court an inmate's petition for modification of the inmate's bifurcated sentence, the court shall schedule a hearing to determine whether the public interest would be served by a modification of the inmate's bifurcated sentence in the manner specified in par. (f). The inmate and the district attorney have the right to be present at the hearing, and any victim of the inmate's crime has the right to be present at the hearing and to provide a statement concerning the modification of the inmate's bifurcated sentence. The court shall order such notice of the hearing date as it considers adequate to be given to the department, the inmate, the attorney representing the inmate, if applicable, and the district attorney. Victim notification shall be provided as specified under par. (g).

(e) At a hearing scheduled under par. (d), the inmate has the burden of proving by the greater weight of the credible evidence that a modification of the bifurcated sentence in the manner specified in par. (f) would serve the public interest. If the inmate proves that a modification of the bifurcated sentence in the manner specified in par. (f) would serve the public interest, the court shall modify the inmate's bifurcated sentence in that manner. If the inmate does not prove that a modification of the bifurcated sentence in the manner specified in par. (f) would serve the public interest, the court shall deny the inmate's petition for modification of the bifurcated sentence.

(f) A court may modify an inmate's bifurcated sentence under this section only as follows:

1. The court shall reduce the term of confinement in prison portion of the inmate's bifurcated sentence in a manner that provides for the release of the inmate to extended supervision within 30 days after the date on which the court issues its order modifying the bifurcated sentence.

2. The court shall lengthen the term of extended supervision imposed so that the total length of the bifurcated sentence originally imposed does not change.

(g) 1. In this paragraph, "victim" has the meaning given in s. 950.02 (4).

2. When a court schedules a hearing under par. (d), the clerk of the circuit court shall send a notice of hearing to the victim of the crime committed by the inmate, if the victim has submitted a card under subd. 3. requesting notification. The notice shall inform the victim that he or she may appear at the hearing scheduled under par. (d) and shall inform the victim of the manner in which he or she may provide a statement concerning the modification of the inmate's bifurcated sentence in the manner provided in par. (f). The clerk of the circuit court shall make a reasonable attempt to send the notice of hearing to the last-known address of the inmate's victim, postmarked at least 10 days before the date of the hearing.