Amendment ASA1-AB351

AB351-ASA1,13,21 139.95 (2) A dealer who possesses a schedule I controlled substance or schedule II controlled substance that does not bear evidence that the tax under s. 139.88 has been paid may be fined not more than $10,000 or imprisoned for not more than 5 7 years and 6 months or both.

AB351-ASA1, s. 32 Section 32. 139.95 (3) of the statutes is amended to read:

AB351-ASA1,14,5 139.95 (3) Any person who falsely or fraudulently makes, alters or counterfeits any stamp or procures or causes the same to be done or who knowingly utters, publishes, passes or tenders as true any false, altered or counterfeit stamp or who affixes a counterfeit stamp to a schedule I controlled substance or schedule II controlled substance or who possesses a schedule I controlled substance or schedule II controlled substance to which a false, altered or counterfeit stamp is affixed may be fined not more than $10,000 or imprisoned for not less than one year nor more than 10 15 years or both.

AB351-ASA1, s. 33 Section 33. 165.76 (1) (a) of the statutes is amended to read:

AB351-ASA1,14,11 165.76 (1) (a) Is in prison or a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g) or on probation, extended supervision, parole, supervision or aftercare supervision on or after August 12, 1993, for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025.

AB351-ASA1, s. 34 Section 34. 165.76 (1) (e) of the statutes is amended to read:

AB351-ASA1,14,17 165.76 (1) (e) Is on parole, extended supervision or probation in this state from another state under s. 304.13 or 304.135 on or after July 9, 1996, for a violation of the law of another state that the department of corrections determines, under s. 304.137, is comparable to a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025.

AB351-ASA1, s. 35 Section 35. 165.76 (2) (b) 1. of the statutes is amended to read:

AB351-ASA1,14,23 165.76 (2) (b) 1. If the person has been placed on probation or supervision, he or she shall provide the specimen under par. (a) at the office of a county sheriff as soon after the placement as practicable, as directed by his or her probation , extended supervision and parole agent or, if a child, the agency providing supervision for the child.

AB351-ASA1, s. 36 Section 36. 165.76 (2) (b) 2. of the statutes is amended to read:

AB351-ASA1,15,8 165.76 (2) (b) 2. If the person has been sentenced to prison or placed in a secured correctional facility or a secured child caring institution, he or she shall provide the specimen under par. (a) at the office of a county sheriff as soon as practicable after release on parole, extended supervision or aftercare supervision, as directed by his or her probation, extended supervision and parole agent or aftercare agent, except that the department of corrections may require the person to provide the specimen while he or she is in prison or in a secured correctional facility or a secured child caring institution.

AB351-ASA1, s. 37 Section 37. 165.76 (2) (b) 3m. of the statutes is amended to read:

AB351-ASA1,15,14 165.76 (2) (b) 3m. If the person is on parole, extended supervision or probation in this state from another state under s. 304.13 or 304.135, he or she shall provide the specimen under par. (a) at the office of a county sheriff as soon as practicable after entering this state, as directed by his or her probation, extended supervision and parole agent.

AB351-ASA1, s. 38 Section 38. 165.76 (2) (b) 5. of the statutes is amended to read:

AB351-ASA1,15,21 165.76 (2) (b) 5. Notwithstanding subds. 1. to 3., for persons who are subject to sub. (1) and who are in prison, a secured correctional facility or a secured child caring institution or on probation, extended supervision, parole, supervision or aftercare supervision on August 12, 1993, the departments of justice, corrections and health and family services shall cooperate to have these persons provide specimens under par. (a) before July 1, 1998.

AB351-ASA1, s. 39 Section 39. 165.76 (2) (b) 6. of the statutes is amended to read:

AB351-ASA1,16,2 165.76 (2) (b) 6. Notwithstanding subd. 3m., for a person who is subject to sub. (1) (e) and who is on parole, extended supervision or probation in this state from another state on July 9, 1996, the department of justice and the department of corrections shall cooperate to have these persons provide specimens under par. (a) before July 1, 2000.

AB351-ASA1, s. 40 Section 40. 165.84 (5) of the statutes is amended to read:

AB351-ASA1,16,10 165.84 (5) All persons in charge of law enforcement and tribal law enforcement agencies, all clerks of court, all municipal judges where they have no clerks, all persons in charge of state and county penal and correctional institutions, and all persons in charge of state and county probation, extended supervision and parole offices, shall supply the department with the information described in s. 165.83 (2) (f) on the basis of the forms and instructions to be supplied by the department under s. 165.83 (2) (g).

AB351-ASA1, s. 41 Section 41. 227.03 (4) of the statutes is amended to read:

AB351-ASA1,16,17 227.03 (4) The provisions of this chapter relating to contested cases do not apply to proceedings involving the revocation of aftercare supervision under s. 48.366 (5) or 938.357 (5), the revocation of parole, extended supervision or probation, the grant of probation, prison discipline, mandatory release under s. 302.11 or any other proceeding involving the care and treatment of a resident or an inmate of a correctional institution.

AB351-ASA1, s. 42 Section 42. 230.36 (1) of the statutes is amended to read:

AB351-ASA1,18,2 230.36 (1) If a conservation warden, conservation patrol boat captain, conservation patrol boat engineer, state forest ranger, conservation field employe of the department of natural resources who is subject to call for fire control duty, member of the state patrol, state motor vehicle inspector, lifeguard, excise tax investigator employed by the department of revenue, special criminal investigation agent employed by the department of justice, special tax agent, state drivers' license examiner, state fair park police officer, University of Wisconsin System police officer and other state facilities police officer and patrol officer, security officer, watcher, engineer, engineering aide, building construction superintendent, fire fighter employed at the Wisconsin Veterans Home, or guard or institutional aide or a state probation, extended supervision and parole officer or any other employe whose duties include supervision and discipline of inmates or wards of the state at a state penal institution, including a secured correctional facility, as defined in s. 938.02 (15m), or while on parole supervision or extended supervision outside of the confines of the institutions, or supervision of persons placed on probation by a court of record, or supervision and care of patients at a state mental institution, and the University of Wisconsin Hospitals and Clinics suffers injury while in the performance of his or her duties, as defined in subs. (2) and (3); or any other state employe who is not listed in this subsection and who is ordered by his or her appointing authority to accompany any employe listed in this subsection while the listed employe is engaged in the duties defined in sub. (3), or any other state employe who is not listed in this subsection and who is ordered by his or her appointing authority to perform the duties, when permitted, in lieu of the listed employe and while so engaged in the duties defined in sub. (3), suffers injury as defined in sub. (2) the employe shall continue to be fully paid by the employing agency upon the same basis as paid prior to the injury, with no reduction in sick leave credits, compensatory time for overtime accumulations or vacation and no reduction in the rate of earning sick leave credit or vacation. The full pay shall continue while the employe is unable to return to work as the result of the injury or until the termination of his or her employment upon recommendation of the appointing authority. At any time during the employe's period of disability the appointing authority may order physical or medical examinations to determine the degree of disability at the expense of the employing agency.

AB351-ASA1, s. 43 Section 43. 230.36 (3) (c) (intro.) of the statutes is amended to read:

AB351-ASA1,18,7 230.36 (3) (c) (intro.) A guard, institution aide, or other employe at the University of Wisconsin Hospitals and Clinics or at a state penal or mental institution, including a secured correctional facility, as defined in s. 938.02 (15m), and a state probation, extended supervision and parole officer, at all times while:

AB351-ASA1, s. 44 Section 44. 230.36 (3) (c) 2. of the statutes is amended to read:

AB351-ASA1,18,11 230.36 (3) (c) 2. In the process of restraining patients, inmates, probationers or, parolees or persons on extended supervision and apprehending runaways or escapees, including probationers and, parolees and persons on extended supervision;

AB351-ASA1, s. 45 Section 45. 230.36 (3) (c) 3. of the statutes is amended to read:

AB351-ASA1,18,14 230.36 (3) (c) 3. When injury is occasioned as the result of an act by a patient, inmate, probationer or, parolee or person on extended supervision;

AB351-ASA1, s. 46 Section 46. 291.97 (2) (b) (intro.) of the statutes is amended to read:

AB351-ASA1,18,18 291.97 (2) (b) (intro.) Any person who willfully does any of the following shall be fined not less than $1,000 nor more than $100,000 or imprisoned for not more than 5 7 years and 6 months or both:

AB351-ASA1, s. 47 Section 47. 291.97 (2) (c) of the statutes is amended to read:

AB351-ASA1,18,22 291.97 (2) (c) 1. For a 2nd or subsequent violation under par. (a), a person shall be fined not less than $1,000 nor more than $50,000 or imprisoned for not more than one year in the Wisconsin state prisons 2 years or both.

AB351-ASA1,18,25 2. For a 2nd or subsequent violation under par. (b), a person shall be fined not less than $5,000 nor more than $150,000 or imprisoned for not more than 10 15 years or both.

AB351-ASA1, s. 48 Section 48. 301.03 (2r) of the statutes is amended to read:

AB351-ASA1,19,3 301.03 (2r) Conduct drug testing of prospective parolees or persons to be placed on extended supervision who have undergone treatment while in state prison.

AB351-ASA1, s. 49 Section 49. 301.03 (3) of the statutes is amended to read:

AB351-ASA1,19,14 301.03 (3) Administer parole, extended supervision and probation matters, except that the decision to grant or deny parole to inmates shall be made by the 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 shall promulgate rules establishing a drug testing program for probationers and, parolees and persons placed on extended supervision. The rules shall provide for assessment of fees upon probationers and, parolees and persons placed on extended supervision to partially offset the costs of the program.

AB351-ASA1, s. 50 Section 50. 301.03 (3g) of the statutes is amended to read:

AB351-ASA1,19,17 301.03 (3g) Provide treatment for alcoholics and intoxicated persons on parole or extended supervision.

AB351-ASA1, s. 51 Section 51. 301.048 (1) (a) of the statutes is amended to read:

AB351-ASA1,19,21 301.048 (1) (a) Punishment that is less costly than ordinary imprisonment and more restrictive than ordinary probation or parole supervision or extended supervision.

AB351-ASA1, s. 52 Section 52. 301.048 (2) (cm) of the statutes is created to read:

AB351-ASA1,19,25 301.048 (2) (cm) A court or the department requires his or her participation in the program as a condition of extended supervision under s. 302.113 (7) or 302.114 (5) (d) or (8) or 973.01 (5).

AB351-ASA1, s. 53 Section 53. 301.048 (2) (d) of the statutes is amended to read:

AB351-ASA1,20,4 301.048 (2) (d) The department and the person agree to his or her participation in the program as an alternative to revocation of probation, extended supervision or parole.

AB351-ASA1, s. 54 Section 54. 301.048 (4) (a) of the statutes is amended to read:

AB351-ASA1,20,14 301.048 (4) (a) A participant is in the custody and under the control of the department, subject to its rules and discipline. A participant entering the program under sub. (2) (a) or (b) is a prisoner. A participant entering the program under sub. (2) (c) is a prisoner, except that he or she is a parolee for purposes of revocation. A participant entering the program under sub. (2) (cm) is a prisoner, except that he or she remains a person on extended supervision for purposes of revocation. A participant entering the program under sub. (2) (d) is a prisoner, except that he or she remains a probationer or, parolee or person on extended supervision, whichever is applicable, for purposes of revocation.

AB351-ASA1, s. 55 Section 55. 301.048 (4) (am) of the statutes is amended to read:

AB351-ASA1,20,24 301.048 (4) (am) A participant who is a parolee for purposes of revocation is subject to revocation for violation of any condition of parole or any rule or condition applicable because he or she is a program participant. A participant who is a person on extended supervision for purposes of revocation is subject to revocation for violation of any condition of extended supervision or any rule or condition applicable because he or she is a program participant. A participant who is a probationer for purposes of revocation is subject to revocation for violation of any condition of probation or any rule or condition applicable because he or she is a program participant.

AB351-ASA1, s. 56 Section 56. 301.048 (4m) (b) (intro.) of the statutes is amended to read:

AB351-ASA1,21,6 301.048 (4m) (b) (intro.) As soon as possible after a prisoner, probationer or, parolee or person on extended supervision who has violated s. 940.03, 940.05, 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06 or 948.07 enters the intensive sanctions program, the department shall make a reasonable effort to notify all of the following persons, if they can be found, in accordance with par. (c) and after receiving a completed card under par. (d):

AB351-ASA1, s. 57 Section 57. 301.048 (4m) (b) 1. of the statutes is amended to read:

AB351-ASA1,21,11 301.048 (4m) (b) 1. The victim of the crime committed by the prisoner, probationer or, parolee or person on extended supervision or, if the victim died as a result of the crime, an adult member of the victim's family or, if the victim is younger than 18 years old, the victim's parent or legal guardian.

AB351-ASA1, s. 58 Section 58. 301.048 (4m) (b) 2. of the statutes is amended to read:

AB351-ASA1,21,15 301.048 (4m) (b) 2. Any witness who testified against the prisoner, probationer or, parolee or person on extended supervision in any court proceeding involving the offense.

AB351-ASA1, s. 59 Section 59. 301.048 (6) of the statutes is renumbered 301.048 (6) (a) and amended to read:

AB351-ASA1,21,20 301.048 (6) (a) The Except as provided in par. (b), the department may discharge a participant from participation in the program and from departmental custody and control at any time.

AB351-ASA1, s. 60 Section 60. 301.048 (6) (b) of the statutes is created to read:

AB351-ASA1,21,25 301.048 (6) (b) The department may discharge a participant who is on extended supervision under s. 302.113 from participation in the program at any time, but the person remains under departmental supervision under the terms of the person's bifurcated sentence imposed under s. 973.01 until the end of that sentence.

AB351-ASA1, s. 61 Section 61. 301.049 (2) (a) 2. of the statutes is amended to read:

AB351-ASA1,22,4 301.049 (2) (a) 2. On probation, extended supervision or parole and who, if approved by the department under par. (b), would participate in the program as an alternative to revocation of probation, extended supervision or parole.

AB351-ASA1, s. 62 Section 62. 301.049 (3) (e) of the statutes is amended to read:

AB351-ASA1,22,7 301.049 (3) (e) Prepare each mother to be able to live in a safe, lawful and stable manner in the community upon parole, extended supervision or discharge.

AB351-ASA1, s. 63 Section 63. 301.08 (1) (c) 1. a. of the statutes is amended to read:

AB351-ASA1,22,14 301.08 (1) (c) 1. a. "Administrative supervision" means the supervision of a probationer or, parolee or person on extended supervision in which the department requires that a minimum of one face-to-face contact occur every 6 months between the probationer or, parolee or person on extended supervision and a representative of the department and that the probationer or, parolee or person on extended supervision submit a monthly report to the department.

AB351-ASA1, s. 64 Section 64. 301.08 (1) (c) 1. b. of the statutes is amended to read:

AB351-ASA1,22,21 301.08 (1) (c) 1. b. "Minimum supervision" means the supervision of a probationer or, parolee or person on extended supervision in which the department requires that a minimum of one face-to-face contact occur every 90 days between the probationer or, parolee or person on extended supervision and a representative of the department and that the probationer or, parolee or person on extended supervision submit a monthly report to the department.

AB351-ASA1, s. 65 Section 65. 301.08 (1) (c) 2. of the statutes is amended to read:

AB351-ASA1,23,8 301.08 (1) (c) 2. Beginning on January 1, 1996, the department may contract with public, private or voluntary vendors for the supervision of probationers and, parolees and persons on extended supervision who are under minimum supervision or administrative supervision. The contract shall authorize any such vendor to charge a fee to probationers and, parolees and persons on extended supervision sufficient to cover the cost of supervision and administration of the contract. If the department collects any moneys from a vendor under the contract, the department shall credit those moneys to the appropriation account under s. 20.410 (1) (ge). The department shall promulgate rules for fees, collections, reporting and verification regarding probationers and, parolees and persons on extended supervision supervised by the vendor.

AB351-ASA1, s. 66 Section 66. 301.132 (2) of the statutes is amended to read:

AB351-ASA1,23,13 301.132 (2) The department may require, as a condition of probation or, parole or extended supervision, that a probationer or, parolee or person on extended supervision who is a sex offender submit to a lie detector test when directed to do so by the department.

AB351-ASA1, s. 67 Section 67. 301.132 (3) of the statutes is amended to read:

AB351-ASA1,23,19 301.132 (3) The department shall promulgate rules establishing a lie detector test program for probationers and, parolees and persons on extended supervision who are sex offenders. The rules shall provide for assessment of fees upon probationers and, parolees and persons on extended supervision to partially offset the costs of the program.

AB351-ASA1, s. 68 Section 68. 301.21 (1) (h) of the statutes is amended to read:

AB351-ASA1,23,22 301.21 (1) (h) Provisions concerning procedures for probation, parole, extended supervision and discharge.

AB351-ASA1, s. 69 Section 69. 301.32 (3) (a) of the statutes is amended to read:

AB351-ASA1,24,4 301.32 (3) (a) All money or other property paid or delivered to a probation, extended supervision and parole agent or other employe of the department by or for the benefit of any person on probation, extended supervision or parole shall be immediately transmitted to the department and it shall enter the same upon its books to his or her credit. The property shall be used only under the direction of the department.

AB351-ASA1, s. 70 Section 70. 301.32 (3) (b) of the statutes is amended to read:

AB351-ASA1,24,9 301.32 (3) (b) If the person on probation, extended supervision or parole absconds, the money shall be credited to the revolving fund created by s. 304.075; and other property if not called for within one year shall be sold by the department and the proceeds shall be credited to the fund.

AB351-ASA1, s. 71 Section 71. 301.35 (2) (bm) of the statutes is created to read:

AB351-ASA1,24,11 301.35 (2) (bm) A person on extended supervision.

AB351-ASA1, s. 72 Section 72. 301.38 (1) (am) of the statutes is amended to read:

AB351-ASA1,24,16 301.38 (1) (am) "Prisoner" has the meaning given in s. 301.01 (2), but does not include any person in the intensive sanctions program under s. 301.048 or any person who is imprisoned as an alternative to the revocation of probation , extended supervision or parole.

AB351-ASA1, s. 73 Section 73. 301.45 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

AB351-ASA1,24,25 301.45 (1) (b) Is in prison, a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or on probation, extended supervision, parole, supervision or aftercare supervision on or after December 25, 1993, for any violation, or for the solicitation, conspiracy or attempt to commit any violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30, or of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent.

AB351-ASA1, s. 74 Section 74. 301.45 (1) (bm) of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB351-ASA1,25,10 301.45 (1) (bm) Is in prison, a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or on probation, extended supervision, parole, supervision or aftercare supervision on or after December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of a law of this state that is comparable to s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30 or that is comparable to a violation of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent.

AB351-ASA1, s. 75 Section 75. 301.45 (1) (dh) of the statutes, as created by 1995 Wisconsin Act 440, is amended to read: