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.
AB351-ASA1,37,17 13(8) Any inmate released to extended supervision under this section is subject
14to all conditions and rules of extended supervision. The department may set
15conditions of extended supervision in addition to any conditions of extended
16supervision set by the court under sub. (5) (d) if the conditions set by the department
17do not conflict with the court's conditions.
AB351-ASA1,37,22 18(9) (a) If a person released to extended supervision under this section violates
19a condition of extended supervision, the division of hearings and appeals in the
20department of administration, upon proper notice and hearing, or the department
21of corrections, if the person on extended supervision waives a hearing, may revoke
22the extended supervision of the person and return the person to prison.
AB351-ASA1,37,2423 If the person is returned to prison, he or she shall be returned to prison for a specified
24period of time, as provided under par. (b).
AB351-ASA1,38,7
1(b) If a person is returned to prison under par. (a) after revocation of extended
2supervision, the department of corrections in the case of a waiver or the division of
3hearings and appeals in the department of administration in the case of a hearing
4under par. (a) shall specify a period of time for which the person shall be incarcerated
5before being eligible for release to extended supervision. The period of time specified
6under this paragraph may not be less than 5 years and may be extended in
7accordance with sub. (3).
AB351-ASA1,38,178 (bm) A person who is returned to prison under par. (a) after revocation of
9extended supervision may, upon petition to the sentencing court, be released to
10extended supervision after he or she has served the entire period of time specified
11in par. (b), including any periods of extension imposed under sub. (3). A person may
12not file a petition under this paragraph earlier than 90 days before the date on which
13he or she is eligible to be released to extended supervision. If a person files a petition
14for release to extended supervision under this paragraph at any time earlier than 90
15days before the date on which he or she is eligible to be released to extended
16supervision, the court shall deny the petition without a hearing. The procedures
17specified in sub. (5) (am) to (f) apply to a petition filed under this paragraph.
AB351-ASA1,38,2018 (c) A person who is subsequently released to extended supervision under par.
19(b) is subject to all conditions and rules under sub. (8) until the expiration of the
20sentence.
AB351-ASA1,38,22 21(10) The department may promulgate rules establishing guidelines and
22criteria for the exercise of discretion under this section.
AB351-ASA1, s. 96 23Section 96. 302.14 of the statutes is amended to read:
AB351-ASA1,39,7 24302.14 (title) Property of deceased inmates, parolees or, probationers
25or persons on extended supervision, disposition. When an inmate of a prison

1or, a parolee of an institution , a person on extended supervision or a person on
2probation to the department dies leaving an estate of $150 or less in the trust of the
3warden, superintendent or secretary, the warden, superintendent or secretary shall
4try to determine whether or not the estate is to be probated. If probate proceedings
5are not commenced within 90 days, the warden, superintendent or secretary shall
6turn over the money or securities to the nearest of kin as evidenced by the records
7of the institution and the department.
AB351-ASA1, s. 97 8Section 97. 302.17 (2) of the statutes is amended to read:
AB351-ASA1,39,139 302.17 (2) The department shall make entries on the register to reflect the
10progress made by each inmate while incarcerated and the inmate's release on parole
11or extended supervision, condition at the time of release on parole or extended
12supervision
and progress made while on parole or extended supervision. This
13subsection does not apply to inmates subject to an order under s. 48.366.
AB351-ASA1, s. 98 14Section 98. 302.25 (4) (c) of the statutes is amended to read:
AB351-ASA1,39,2315 302.25 (4) (c) Inmates confined in an institution pursuant to the terms of this
16compact shall at all times be subject to the jurisdiction of the sending state and may
17at any time be removed therefrom for transfer to a prison or other institution within
18the sending state, for transfer to another institution in which the sending state may
19have a contractual or other right to confine inmates, for release on probation,
20extended supervision
or parole, for discharge, or for any other purpose permitted by
21the laws of the sending state; provided, that the sending state shall continue to be
22obligated to such payments as may be required pursuant to the terms of any contract
23entered into under the terms of sub. (3).
AB351-ASA1, s. 99 24Section 99. 302.33 (2) (a) (intro.) of the statutes is amended to read:
AB351-ASA1,40,4
1302.33 (2) (a) (intro.) The department shall pay for the maintenance of persons
2in its custody who are placed in the county jail or other county facility, or in a tribal
3jail under s. 302.445, pending disposition of parole, extended supervision or
4probation revocation proceedings subject to the following conditions:
AB351-ASA1, s. 100 5Section 100. 302.33 (2) (b) of the statutes is amended to read:
AB351-ASA1,40,96 302.33 (2) (b) This subsection applies only to probationers or, parolees or
7persons on extended supervision
who were placed on that status in connection with
8a conviction for a felony. This subsection applies only to confinements initiated after
9July 2, 1983.
AB351-ASA1, s. 101 10Section 101. 302.335 (title) of the statutes is amended to read:
AB351-ASA1,40,12 11302.335 (title) Restrictions on detaining probationers and, parolees
12and persons on extended supervision in county or tribal jail.
AB351-ASA1, s. 102 13Section 102. 302.335 (2) (intro.) of the statutes is amended to read:
AB351-ASA1,40,1714 302.335 (2) (intro.) If a probationer or , parolee or person on extended
15supervision
is detained in a county jail or other county facility, or in a tribal jail under
16s. 302.445, pending disposition of probation or, parole or extended supervision
17revocation proceedings, the following conditions apply:
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