AB351-ASA1,24,1111 301.35 (2) (bm) A person on extended supervision.
AB351-ASA1, s. 72 12Section 72. 301.38 (1) (am) of the statutes is amended to read:
AB351-ASA1,24,1613 301.38 (1) (am) "Prisoner" has the meaning given in s. 301.01 (2), but does not
14include any person in the intensive sanctions program under s. 301.048 or any person
15who is imprisoned as an alternative to the revocation of probation , extended
16supervision
or parole.
AB351-ASA1, s. 73 17Section 73. 301.45 (1) (b) of the statutes, as affected by 1995 Wisconsin Act
18440
, is amended to read:
AB351-ASA1,24,2519 301.45 (1) (b) Is in prison, a secured correctional facility, as defined in s. 938.02
20(15m), or a secured child caring institution, as defined in s. 938.02 (15g), or on
21probation, extended supervision, parole, supervision or aftercare supervision on or
22after December 25, 1993, for any violation, or for the solicitation, conspiracy or
23attempt to commit any violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02
24(1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30, or of s.
25940.30 or 940.31 if the victim was a minor and the person was not the victim's parent.
AB351-ASA1, s. 74
1Section 74. 301.45 (1) (bm) of the statutes, as created by 1995 Wisconsin Act
2440
, is amended to read:
AB351-ASA1,25,103 301.45 (1) (bm) Is in prison, a secured correctional facility, as defined in s.
4938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or
5on probation, extended supervision, parole, supervision or aftercare supervision on
6or after December 25, 1993, for a violation, or for the solicitation, conspiracy or
7attempt to commit a violation, of a law of this state that is comparable to s. 940.22
8(2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06,
9948.07, 948.08, 948.11 or 948.30 or that is comparable to a violation of s. 940.30 or
10940.31 if the victim was a minor and the person was not the victim's parent.
AB351-ASA1, s. 75 11Section 75. 301.45 (1) (dh) of the statutes, as created by 1995 Wisconsin Act
12440
, is amended to read:
AB351-ASA1,25,1913 301.45 (1) (dh) Is on parole, extended supervision or probation in this state
14from another state under s. 304.13 or 304.135 on or after December 25, 1993, for a
15violation, or for the solicitation, conspiracy or attempt to commit a violation, of the
16law of another state that is comparable to a violation of s. 940.22 (2), 940.225 (1), (2)
17or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08,
18948.11 or 948.30 or that is comparable to a violation of s. 940.30 or 940.31 if the victim
19was a minor and the person was not the victim's parent.
AB351-ASA1, s. 76 20Section 76. 301.45 (2) (a) 4. b. of the statutes, as created by 1995 Wisconsin
21Act 440
, is amended to read:
AB351-ASA1,25,2422 301.45 (2) (a) 4. b. The date the person was or is to be released from
23confinement, whether on parole, extended supervision or otherwise, or discharged
24or terminated from a sentence or commitment.
AB351-ASA1, s. 77
1Section 77. 301.45 (2) (e) 1. of the statutes, as created by 1995 Wisconsin Act
2440
, is amended to read:
AB351-ASA1,26,53 301.45 (2) (e) 1. Within 10 days after the person being placed on parole,
4extended supervision, probation, supervision, aftercare supervision, conditional
5release or supervised release.
AB351-ASA1, s. 78 6Section 78. 301.45 (2) (e) 2. of the statutes, as created by 1995 Wisconsin Act
7440
, is amended to read:
AB351-ASA1,26,108 301.45 (2) (e) 2. If the person is on parole, extended supervision or probation
9from another state under s. 304.13 or 304.135, within 10 days after the person enters
10this state.
AB351-ASA1, s. 79 11Section 79. 301.45 (3) (a) 1m. of the statutes, as created by 1995 Wisconsin Act
12440
, is amended to read:
AB351-ASA1,26,1513 301.45 (3) (a) 1m. If the person is on parole, extended supervision or probation
14from another state under s. 304.13 or 304.135, he or she is subject to this subsection
15upon entering this state.
AB351-ASA1, s. 80 16Section 80. 301.45 (3) (a) 2. of the statutes, as affected by 1995 Wisconsin Act
17440
, is amended to read:
AB351-ASA1,26,2118 301.45 (3) (a) 2. If the person has been sentenced to prison or placed in a secured
19correctional facility or a secured child caring institution, he or she is subject to this
20subsection upon being released on parole, extended supervision or aftercare
21supervision.
AB351-ASA1, s. 81 22Section 81. 301.45 (3) (b) 2. of the statutes, as affected by 1995 Wisconsin Act
23440
, is amended to read:
AB351-ASA1,27,724 301.45 (3) (b) 2. The department shall notify a person who is being released
25from prison because he or she has reached the expiration date of his or her sentence

1and who is covered under sub. (1) of the need to comply with this section. Also,
2probation, extended supervision and parole agents, aftercare agents and agencies
3providing supervision shall notify any client who is covered under sub. (1) of the need
4to comply with this section at the time the client is placed on probation, extended
5supervision,
parole, supervision or aftercare supervision or, if the client is on
6probation, extended supervision or parole from another state under s. 304.13 or
7304.135, when the client enters this state.
AB351-ASA1, s. 82 8Section 82. 301.45 (3) (b) 4. of the statutes, as affected by 1995 Wisconsin Act
9440
, is amended to read:
AB351-ASA1,27,1310 301.45 (3) (b) 4. Failure to receive notice under this paragraph from the
11department of health and family services, the department of corrections, a probation,
12extended supervision
and parole agent, an aftercare agent or an agency providing
13supervision is not a defense to liability under sub. (6).
AB351-ASA1, s. 83 14Section 83. 301.45 (5) (a) 1m. of the statutes, as created by 1995 Wisconsin Act
15440
, is amended to read:
AB351-ASA1,27,1816 301.45 (5) (a) 1m. If the person is on parole, extended supervision or probation
17from another state under s. 304.13 or 304.135, 15 years after discharge from that
18parole, extended supervision or probation.
AB351-ASA1, s. 84 19Section 84. 301.46 (2) (b) 4. b. of the statutes, as created by 1995 Wisconsin
20Act 440
, is amended to read:
AB351-ASA1,27,2321 301.46 (2) (b) 4. b. The date the person was released from confinement, whether
22on parole, extended supervision or otherwise, or discharged or terminated from a
23sentence or commitment.
AB351-ASA1, s. 85 24Section 85. 302.045 (1) of the statutes is amended to read:
AB351-ASA1,28,9
1302.045 (1) Program. The department shall provide a challenge incarceration
2program for inmates selected to participate under sub. (2). The program shall
3provide participants with strenuous physical exercise, manual labor, personal
4development counseling, substance abuse treatment and education, military drill
5and ceremony and counseling in preparation for release on parole or extended
6supervision
. The department shall design the program to include not less than 50
7participants at a time and so that a participant may complete the program in not
8more than 180 days. The department may restrict participant privileges as
9necessary to maintain discipline.
AB351-ASA1, s. 86 10Section 86. 302.045 (3) of the statutes is amended to read:
AB351-ASA1,28,1711 302.045 (3) Parole eligibility. Except as provided in sub. (4), if the department
12determines that an inmate has successfully completed the challenge incarceration
13program, the parole commission shall parole the inmate under s. 304.06, regardless
14of the time the inmate has served, unless the person is serving a sentence imposed
15under s. 973.01
. When the parole commission grants parole under this subsection,
16it must require the parolee to participate in an intensive supervision program for
17drug abusers as a condition of parole.
AB351-ASA1, s. 87 18Section 87. 302.11 (1) of the statutes is amended to read:
AB351-ASA1,28,2419 302.11 (1) The warden or superintendent shall keep a record of the conduct of
20each inmate, specifying each infraction of the rules. Except as provided in subs. (1g),
21(1m), (1z), (7) and (10), each inmate is entitled to mandatory release on parole by the
22department. The mandatory release date is established at two-thirds of the
23sentence. Any calculations under this subsection or sub. (2) (b) resulting in fractions
24of a day shall be rounded in the inmate's favor to a whole day.
AB351-ASA1, s. 88 25Section 88. 302.11 (1g) (am) of the statutes is amended to read:
AB351-ASA1,29,3
1302.11 (1g) (am) The mandatory release date established in sub. (1) is a
2presumptive mandatory release date for an inmate who is serving a sentence for a
3serious felony committed on or after April 21, 1994, but before July 1, 1998.
AB351-ASA1, s. 89 4Section 89. 302.11 (1i) of the statutes is amended to read:
AB351-ASA1,29,85 302.11 (1i) An Except as provided in sub. (1z), an inmate serving a sentence to
6the intensive sanctions program is entitled to mandatory release. The mandatory
7release date under sub. (1) is established at two-thirds of the sentence under s.
8973.032 (3) (a).
AB351-ASA1, s. 90 9Section 90. 302.11 (1p) of the statutes is amended to read:
AB351-ASA1,29,1210 302.11 (1p) An inmate serving a term subject to s. 961.49 (2) for a crime
11committed before July 1, 1998,
is entitled to mandatory release, except the inmate
12may not be released before he or she has complied with s. 961.49 (2).
AB351-ASA1, s. 91 13Section 91. 302.11 (1z) of the statutes is created to read:
AB351-ASA1,29,1614 302.11 (1z) An inmate who is sentenced to a term of confinement in prison
15under s. 973.01 for a felony that is committed on or after July 1, 1998, is not entitled
16to mandatory release on parole under this section.
AB351-ASA1, s. 92 17Section 92. 302.11 (6) of the statutes is amended to read:
AB351-ASA1,30,218 302.11 (6) Any inmate released on parole under sub. (1) or (1g) (b) or s. 304.02
19or 304.06 (1) is subject to all conditions and rules of parole until the expiration of the
20sentence or until he or she is discharged by the department. Except as provided in
21ch. 304, releases from prison shall be on the Tuesday or Wednesday preceding the
22release date. The department may discharge a parolee on or after his or her
23mandatory release date or after 2 years of supervision. Any inmate sentenced to the
24intensive sanctions program who is released on parole under sub. (1) or s. 304.02 or

1304.06 (1) remains in the program unless discharged by the department under s.
2301.048 (6) (a).
AB351-ASA1, s. 93 3Section 93. 302.11 (9) of the statutes is amended to read:
AB351-ASA1,30,64 302.11 (9) Except as provided in sub. subs. (1g) (am) and (1z), this section
5applies to persons committing offenses occurring on or after June 1, 1984, or persons
6filing requests in accordance with 1983 Wisconsin Act 528, section 29 (2) or (3).
AB351-ASA1, s. 94 7Section 94. 302.113 of the statutes is created to read:
AB351-ASA1,30,10 8302.113 Release to extended supervision for felony offenders not
9serving life sentences.
(1) An inmate is subject to this section if he or she is
10serving a bifurcated sentence imposed under s. 973.01.
AB351-ASA1,30,13 11(2) Except as provided in subs. (3) and (9), an inmate subject to this section is
12entitled to release to extended supervision after he or she has served the term of
13confinement in prison portion of the sentence imposed under s. 973.01.
AB351-ASA1,30,18 14(3) (a) The warden or superintendent shall keep a record of the conduct of each
15inmate subject to this section, specifying each infraction of the rules. If an inmate
16subject to this section violates any regulation of the prison or refuses or neglects to
17perform required or assigned duties, the department may extend the term of
18confinement in prison portion of the inmate's bifurcated sentence as follows:
AB351-ASA1,30,1919 1. 10 days for the first offense.
AB351-ASA1,30,2020 2. 20 days for the 2nd offense.
AB351-ASA1,30,2121 3. 40 days for the 3rd or each subsequent offense.
AB351-ASA1,31,322 (b) In addition to the sanctions under par. (a), if an inmate subject to this section
23is placed in adjustment, program or controlled segregation status, the department
24may extend his or her term of confinement in prison portion of the bifurcated
25sentence by a number of days equal to 50% of the number of days spent in segregation

1status. In administering this paragraph, the department shall use the definition of
2adjustment, program or controlled segregation status under departmental rules in
3effect at the time an inmate is placed in that status.
AB351-ASA1,31,64 (c) No extension of a term of confinement in prison under this subsection may
5require an inmate to serve more days in prison than the total length of the bifurcated
6sentence imposed under s. 973.01.
AB351-ASA1,31,97 (d) If the term of confinement in prison portion of a bifurcated sentence is
8increased under this subsection, the term of extended supervision is reduced so that
9the total length of the bifurcated sentence does not change.
AB351-ASA1,31,12 10(4) All consecutive sentences shall be computed as one continuous sentence.
11The person shall serve any term of extended supervision after serving all terms of
12confinement in prison.
AB351-ASA1,31,14 13(5) An inmate may waive entitlement to release to extended supervision if the
14department agrees to the waiver.
AB351-ASA1,31,20 15(6) Before a person is released to extended supervision under this section, the
16department shall notify the municipal police department and the county sheriff for
17the area where the person will be residing. The notification requirement does not
18apply if a municipal department or county sheriff submits to the department a
19written statement waiving the right to be notified. If applicable, the department
20shall also comply with s. 304.063.
AB351-ASA1,32,2 21(7) Any inmate released to extended supervision under this section is subject
22to all conditions and rules of extended supervision until the expiration of the term
23of extended supervision portion of the bifurcated sentence. The department may set
24conditions of extended supervision in addition to any conditions of extended

1supervision set by the court under s. 973.01 (5) if the conditions set by the department
2do not conflict with the court's conditions.
AB351-ASA1,32,5 3(8) Releases to extended supervision from prison shall be on the Tuesday or
4Wednesday preceding the date on which he or she completes the term of
5imprisonment.
AB351-ASA1,32,16 6(9) (a) If a person released to extended supervision under this section violates
7a condition of extended supervision, the division of hearings and appeals in the
8department of administration, upon proper notice and hearing, or the department
9of corrections, if the person on extended supervision waives a hearing, may revoke
10the extended supervision of the person and return the person to prison. If the person
11is returned to prison, he or she shall be returned to prison for any specified period
12of time that does not exceed the time remaining on the bifurcated sentence. The time
13remaining on the bifurcated sentence is the total length of the bifurcated sentence,
14less time served by the person in custody before release to extended supervision. The
15revocation order shall provide the person on extended supervision with credit in
16accordance with ss. 304.072 and 973.155.
AB351-ASA1,32,2117 (b) A person who is returned to prison after revocation of extended supervision
18shall be incarcerated for the entire period of time specified by the department of
19corrections in the case of a waiver or by the division of hearings and appeals in the
20department of administration in the case of a hearing under par. (a). The period of
21time specified under par. (a) may be extended in accordance with sub. (3).
AB351-ASA1,33,222 (c) A person who is subsequently released to extended supervision after service
23of the period of time specified by the department of corrections in the case of a waiver
24or by the division of hearings and appeals in the department of administration in the
25case of a hearing under par. (a) is subject to all conditions and rules under sub. (7)

1until the expiration of the term of extended supervision portion of the bifurcated
2sentence.
AB351-ASA1,33,4 3(10) The department may promulgate rules establishing guidelines and
4criteria for the exercise of discretion under this section.
AB351-ASA1, s. 95 5Section 95. 302.114 of the statutes is created to read:
AB351-ASA1,33,10 6302.114 Petition for release and release to extended supervision for
7felony offenders serving life sentences.
(1) An inmate is subject to this section
8if he or she is serving a life sentence imposed under s. 973.014 (1g) (a) 1. or 2. An
9inmate serving a life sentence under s. 939.62 (2m) or 973.014 (1g) (a) 3. is not eligible
10for release to extended supervision under this section.
AB351-ASA1,33,15 11(2) Except as provided in subs. (3) and (9), an inmate subject to this section may
12petition the sentencing court for release to extended supervision after he or she has
13served 20 years, if the inmate was sentenced under s. 973.014 (1g) (a) 1., or after he
14or she has reached the extended supervision eligibility date set by the court, if the
15inmate was sentenced under s. 973.014 (1g) (a) 2.
AB351-ASA1,33,21 16(3) (a) The warden or superintendent shall keep a record of the conduct of each
17inmate subject to this section, specifying each infraction of the rules. If any inmate
18subject to this section violates any regulation of the prison or refuses or neglects to
19perform required or assigned duties, the department may extend the extended
20supervision eligibility date set under s. 973.014 (1g) (a) 1. or 2., whichever is
21applicable, as follows:
AB351-ASA1,33,2222 1. 10 days for the first offense.
AB351-ASA1,33,2323 2. 20 days for the 2nd offense.
AB351-ASA1,33,2424 3. 40 days for the 3rd or each subsequent offense.
AB351-ASA1,34,7
1(b) In addition to the sanctions under par. (a), if an inmate subject to this section
2is placed in adjustment, program or controlled segregation status, the department
3may extend the extended supervision eligibility date set under s. 973.014 (1g) (a) 1.
4or 2., whichever is applicable, by a number of days equal to 50% of the number of days
5spent in segregation status. In administering this paragraph, the department shall
6use the definition of adjustment, program or controlled segregation status under
7departmental rules in effect at the time an inmate is placed in that status.
AB351-ASA1,34,10 8(4) All consecutive sentences shall be computed as one continuous sentence.
9An inmate subject to this section shall serve any term of extended supervision after
10serving all terms of confinement in prison.
AB351-ASA1,34,17 11(5) (a) An inmate subject to this section who is seeking release to extended
12supervision shall file a petition for release to extended supervision with the court
13that sentenced him or her. An inmate may not file an initial petition under this
14paragraph earlier than 90 days before his or her extended supervision eligibility
15date. If an inmate files an initial petition for release to extended supervision at any
16time earlier than 90 days before his or her extended supervision eligibility date, the
17court shall deny the petition without a hearing.
AB351-ASA1,34,2118 (am) The inmate shall serve a copy of a petition for release to extended
19supervision on the district attorney's office that prosecuted him or her, and the
20district attorney shall file a written response to the petition within 45 days after the
21date he or she receives the petition.
AB351-ASA1,35,222 (b) After reviewing a petition for release to extended supervision and the
23district attorney's response to the petition, the court shall decide whether to hold a
24hearing on the petition or, if it does not hold a hearing, whether to grant or deny the
25petition without a hearing. If the court decides to hold a hearing under this

1paragraph, the hearing shall be before the court without a jury. The office of the
2district attorney that prosecuted the inmate shall represent the state at the hearing.
AB351-ASA1,35,83 (c) Before deciding whether to grant or deny the inmate's petition, the court
4shall allow a victim or family member of a homicide victim to make a statement or
5submit a statement concerning the release of the inmate to extended supervision.
6The court may allow any other person to make or submit a statement under this
7paragraph. Any statement under this paragraph must be relevant to the release of
8the inmate to extended supervision.
AB351-ASA1,35,119 (cm) A court may not grant an inmate's petition for release to extended
10supervision unless the inmate proves, by clear and convincing evidence, that he or
11she is not a danger to the public.
AB351-ASA1,35,1312 (d) If the court grants the inmate's petition for release to extended supervision,
13the court may impose conditions on the term of extended supervision.
AB351-ASA1,35,1914 (e) If the court denies the inmate's petition for release to extended supervision,
15the court shall specify the date on which the inmate may file a subsequent petition
16under this section. An inmate may file a subsequent petition at any time on or after
17the date specified by the court, but if the inmate files a subsequent petition for release
18to extended supervision before the date specified by the court, the court may deny
19the petition without a hearing.
AB351-ASA1,35,2320 (f) An inmate may appeal an order denying his or her petition for release to
21extended supervision. In an appeal under this paragraph, the appellate court shall
22determine whether the court properly exercised its discretion in denying the petition
23for release to extended supervision.
AB351-ASA1,35,24 24(6) (a) In this subsection:
AB351-ASA1,36,2
11. "Member of the family" means spouse, child, sibling, parent or legal
2guardian.
AB351-ASA1,36,33 2. "Victim" means a person against whom a crime has been committed.
AB351-ASA1,36,114 (b) If an inmate petitions a court under sub. (5) or (9) (b) for release to extended
5supervision under this section, the clerk of the circuit court in which the petition is
6filed shall send a copy of the petition and, if a hearing is scheduled, a notice of hearing
7to the victim of the crime committed by the inmate or, if the victim died as a result
8of the crime, an adult member of the victim's family or, if the victim is younger than
918 years old, the victim's parent or legal guardian, if the victim, adult family member
10or parent or legal guardian has submitted a card under par. (e) requesting
11notification.
AB351-ASA1,36,1512 (c) The notice under par. (b) shall inform the persons under par. (b) that they
13may appear at the hearing under sub. (5) or (9) (b), if a hearing is scheduled, and shall
14inform them of the manner in which they may provide written statements
15concerning the inmate's petition for release to extended supervision.
AB351-ASA1,36,2016 (d) The clerk of the circuit court shall make a reasonable effort to send a copy
17of the inmate's petition to the last-known address of the persons under par. (b) within
187 days of the date on which the petition is filed and shall make a reasonable effort
19to send the notice of hearing, if a hearing is scheduled, to the last-known address of
20the persons under par. (b), postmarked at least 10 days before the date of the hearing.
AB351-ASA1,37,621 (e) The director of state courts shall design and prepare cards for a person
22specified under par. (b) to send to the clerk of the circuit court in which the inmate
23is convicted and sentenced. The cards shall have space for any such person to provide
24his or her name and address, the name of the applicable inmate and any other
25information the director of state courts determines is necessary. The director of state

1courts shall provide the cards, without charge, to clerks of circuit court. Clerks of
2circuit court shall provide the cards, without charge, to persons specified in par. (b).
3These persons may send completed cards to the clerk of the circuit court in which the
4inmate was convicted and sentenced. All court records or portions of records that
5relate to mailing addresses of these persons are not subject to inspection or copying
6under s. 19.35 (1).
AB351-ASA1,37,12 7(7) Before a person is released to extended supervision under this section, the
8department shall notify the municipal police department and the county sheriff for
9the area where the person will be residing. The notification requirement does not
10apply if a municipal department or county sheriff submits to the department a
11written statement waiving the right to be notified. If applicable, the department
12shall also comply with s. 304.063.
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