AB351-SSA1,45,1614
301.048
(1) (a) Punishment that is less costly than ordinary imprisonment and
15more restrictive than ordinary probation or parole supervision
or extended
16supervision.
AB351-SSA1,45,2118
301.048
(2) (b) He or she is a prisoner serving a felony sentence not punishable
19by life imprisonment and the department directs him or her to participate in the
20program.
This paragraph does not apply to a prisoner serving a bifurcated sentence
21imposed under s. 973.01.
AB351-SSA1,45,2523
301.048
(2) (cm) A court or the department requires his or her participation in
24the program as a condition of extended supervision under s. 302.113 (7) or 302.114
25(5) (d) or (8) or 973.01 (5).
AB351-SSA1,46,42
301.048
(2) (d) The department and the person agree to his or her participation
3in the program as an alternative to revocation of probation
, extended supervision or
4parole.
AB351-SSA1,46,96
301.048
(2m) Persons serving bifurcated sentence; restricted eligibility. 7A prisoner serving a bifurcated sentence imposed under s. 973.01 is not eligible for
8the intensive sanctions program during the term of confinement in prison portion of
9the bifurcated sentence.
AB351-SSA1,46,1911
301.048
(4) (a) A participant is in the custody and under the control of the
12department, subject to its rules and discipline. A participant entering the program
13under sub. (2) (a) or (b) is a prisoner. A participant entering the program under sub.
14(2) (c) is a prisoner, except that he or she is a parolee for purposes of revocation.
A
15participant entering the program under sub. (2) (cm) is a prisoner, except that he or
16she remains a person on extended supervision for purposes of revocation. A
17participant entering the program under sub. (2) (d) is a prisoner, except that he or
18she remains a probationer
or, parolee
or person on extended supervision, whichever
19is applicable, for purposes of revocation.
AB351-SSA1,47,421
301.048
(4) (am) A participant who is a parolee for purposes of revocation is
22subject to revocation for violation of any condition of parole or any rule or condition
23applicable because he or she is a program participant.
A participant who is a person
24on extended supervision for purposes of revocation is subject to revocation for
25violation of any condition of extended supervision or any rule or condition applicable
1because he or she is a program participant. A participant who is a probationer for
2purposes of revocation is subject to revocation for violation of any condition of
3probation or any rule or condition applicable because he or she is a program
4participant.
AB351-SSA1, s. 164
5Section
164. 301.048 (4m) (b) (intro.) of the statutes, as affected by 1997
6Wisconsin Act .... (Assembly Bill 342), is amended to read:
AB351-SSA1,47,127
301.048
(4m) (b) (intro.) As soon as possible after a prisoner, probationer
or, 8parolee
or person on extended supervision who has violated s. 940.03, 940.05,
9940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06 or 948.07 enters the intensive
10sanctions program, the department shall make a reasonable attempt to notify all of
11the following persons, if they can be found, in accordance with par. (c) and after
12receiving a completed card under par. (d):
AB351-SSA1,47,1714
301.048
(4m) (b) 1. The victim of the crime committed by the prisoner,
15probationer
or, parolee
or person on extended supervision or, if the victim died as a
16result of the crime, an adult member of the victim's family or, if the victim is younger
17than 18 years old, the victim's parent or legal guardian.
AB351-SSA1,47,2119
301.048
(4m) (b) 2. Any witness who testified against the prisoner, probationer
20or, parolee
or person on extended supervision in any court proceeding involving the
21offense.
AB351-SSA1, s. 167
22Section
167. 301.048 (6) of the statutes is renumbered 301.048 (6) (a) and
23amended to read:
AB351-SSA1,48,3
1301.048
(6) (a)
The Except as provided in par. (b), the department may
2discharge a participant from participation in the program and from departmental
3custody and control at any time.
AB351-SSA1,48,85
301.048
(6) (b) The department may discharge a participant who is on extended
6supervision under s. 302.113 from participation in the program at any time, but the
7person remains under departmental supervision under the terms of the person's
8bifurcated sentence imposed under s. 973.01 until the end of that sentence.
AB351-SSA1,48,1210
301.049
(2) (a) 2. On probation
, extended supervision or parole and who, if
11approved by the department under par. (b), would participate in the program as an
12alternative to revocation of probation
, extended supervision or parole.
AB351-SSA1,48,1514
301.049
(3) (e) Prepare each mother to be able to live in a safe, lawful and stable
15manner in the community upon parole
, extended supervision or discharge.
AB351-SSA1,48,2118
301.08
(1) (c) 2. Beginning on January 1, 1996, the department may contract
19with public, private or voluntary vendors for the supervision or for any component
20of the supervision of probationers
and, parolees
and persons on extended supervision 21who are under minimum supervision or administrative supervision.
AB351-SSA1,48,2522
3. Except as provided in subd. 3m., a contract under subd. 2. shall authorize
23a vendor to charge a fee to probationers
and, parolees
and persons on extended
24supervision sufficient to cover the cost of supervision and administration of the
25contract.
AB351-SSA1,49,5
13m. A contract under subd. 2. shall permit the department to prohibit a vendor
2from charging a fee to a probationer
or, parolee
or person on extended supervision 3who is supervised under the contract if the probationer
or
, parolee
or person on
4extended supervision demonstrates that he or she is unable to pay the fee because
5of any of the following:
AB351-SSA1,49,76
a. The probationer
or, parolee
or person on extended supervision is undergoing
7treatment approved by the department and is unable to work.
AB351-SSA1,49,118
b. The probationer
or, parolee
or person on extended supervision has a
9statement from a physician certifying to the department that the probationer
or, 10parolee
or person on extended supervision should be excused from working for
11medical reasons.
AB351-SSA1,49,1612
5. The department shall promulgate rules for fees, collections, reporting and
13verification regarding probationers
and, parolees
and persons on extended
14supervision supervised by a vendor who contracts with the department under subd.
152. and shall promulgate rules defining "administrative supervision" and "minimum
16supervision".
AB351-SSA1,49,2119
301.08
(3) (b) (intro.) Before contracting under this section for transitional
20housing for the temporary placement of persons on parole
, extended supervision or
21probation, the department shall notify all of the following of the proposed contract:
AB351-SSA1,50,223
301.132
(2) The department may require, as a condition of probation
or, parole
24or extended supervision, that a probationer
or, parolee
or person on extended
1supervision who is a sex offender submit to a lie detector test when directed to do so
2by the department.
AB351-SSA1,50,84
301.132
(3) The department shall promulgate rules establishing a lie detector
5test program for probationers
and, parolees
and persons on extended supervision 6who are sex offenders. The rules shall provide for assessment of fees upon
7probationers
and, parolees
and persons on extended supervision to partially offset
8the costs of the program.
AB351-SSA1,50,1211
301.21
(1m) (a) 8. Provisions concerning procedures for probation, parole
,
12extended supervision and discharge.
AB351-SSA1,50,1615
301.21
(2m) (a) 6. Provisions concerning procedures for probation, parole
,
16extended supervision and discharge.
AB351-SSA1,50,2318
301.32
(3) (a) All money or other property paid or delivered to a probation
,
19extended supervision and parole agent or other employe of the department by or for
20the benefit of any person on probation
, extended supervision or parole shall be
21immediately transmitted to the department and it shall enter the same upon its
22books to his or her credit. The property shall be used only under the direction of the
23department.
AB351-SSA1,51,4
1301.32
(3) (b) If the person on probation
, extended supervision or parole
2absconds, the money shall be credited to the revolving fund created by s. 304.075; and
3other property if not called for within one year shall be sold by the department and
4the proceeds shall be credited to the fund.
AB351-SSA1,51,66
301.35
(2) (bm) A person on extended supervision.
AB351-SSA1,51,118
301.38
(1) (am) "Prisoner" has the meaning given in s. 301.01 (2), but does not
9include any person in the intensive sanctions program under s. 301.048 or any person
10who is imprisoned as an alternative to the revocation of probation
, extended
11supervision or parole.
AB351-SSA1,51,2014
301.45
(1) (b) Is in prison, a secured correctional facility, as defined in s. 938.02
15(15m), or a secured child caring institution, as defined in s. 938.02 (15g), or on
16probation,
extended supervision, parole, supervision or aftercare supervision on or
17after December 25, 1993, for any violation,
or for the solicitation, conspiracy or
18attempt to commit any violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02
19(1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30, or of s.
20940.30 or 940.31 if the victim was a minor and the person was not the victim's parent.
AB351-SSA1,52,523
301.45
(1) (bm) Is in prison, a secured correctional facility, as defined in s.
24938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or
25on probation,
extended supervision, parole, supervision or aftercare supervision on
1or after December 25, 1993, for a violation, or for the solicitation, conspiracy or
2attempt to commit a violation, of a law of this state that is comparable to s. 940.22
3(2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06,
4948.07, 948.08, 948.11 or 948.30 or that is comparable to a violation of s. 940.30 or
5940.31 if the victim was a minor and the person was not the victim's parent.
AB351-SSA1,52,148
301.45
(1) (dh) Is on parole
, extended supervision or probation in this state
9from another state under s. 304.13 or 304.135 on or after December 25, 1993, for a
10violation, or for the solicitation, conspiracy or attempt to commit a violation, of the
11law of another state that is comparable to a violation of s. 940.22 (2), 940.225 (1), (2)
12or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08,
13948.11 or 948.30 or that is comparable to a violation of s. 940.30 or 940.31 if the victim
14was a minor and the person was not the victim's parent.
AB351-SSA1,52,1917
301.45
(2) (a) 4. b. The date the person was or is to be released from
18confinement, whether on parole
, extended supervision or otherwise, or discharged
19or terminated from a sentence or commitment.
AB351-SSA1,52,2422
301.45
(2) (e) 1. Within 10 days after the person being placed on parole,
23extended supervision, probation, supervision, aftercare supervision, conditional
24release or supervised release.
AB351-SSA1,53,53
301.45
(2) (e) 2. If the person is on parole
, extended supervision or probation
4from another state under s. 304.13 or 304.135, within 10 days after the person enters
5this state.
AB351-SSA1,53,108
301.45
(3) (a) 1m. If the person is on parole
, extended supervision or probation
9from another state under s. 304.13 or 304.135, he or she is subject to this subsection
10upon entering this state.
AB351-SSA1,53,1613
301.45
(3) (a) 2. If the person has been sentenced to prison or placed in a secured
14correctional facility or a secured child caring institution, he or she is subject to this
15subsection upon being released on parole
, extended supervision or aftercare
16supervision.
AB351-SSA1,54,219
301.45
(3) (b) 2. The department shall notify a person who is being released
20from prison because he or she has reached the expiration date of his or her sentence
21and who is covered under sub. (1) of the need to comply with this section. Also,
22probation
, extended supervision and parole agents, aftercare agents and agencies
23providing supervision shall notify any client who is covered under sub. (1) of the need
24to comply with this section at the time the client is placed on probation,
extended
25supervision, parole, supervision or aftercare supervision or, if the client is on
1probation
, extended supervision or parole from another state under s. 304.13 or
2304.135, when the client enters this state.
AB351-SSA1,54,85
301.45
(3) (b) 4. Failure to receive notice under this paragraph from the
6department of health and family services, the department of corrections, a probation
,
7extended supervision and parole agent, an aftercare agent or an agency providing
8supervision is not a defense to liability under sub. (6).
AB351-SSA1,54,1311
301.45
(5) (a) 1m. If the person is on parole
, extended supervision or probation
12from another state under s. 304.13 or 304.135, 15 years after discharge from that
13parole
, extended supervision or probation.
AB351-SSA1,54,1816
301.46
(2) (b) 4. b. The date the person was released from confinement, whether
17on parole
, extended supervision or otherwise, or discharged or terminated from a
18sentence or commitment.
AB351-SSA1,55,320
302.045
(1) Program. The department shall provide a challenge incarceration
21program for inmates selected to participate under sub. (2). The program shall
22provide participants with strenuous physical exercise, manual labor, personal
23development counseling, substance abuse treatment and education, military drill
24and ceremony and counseling in preparation for release on parole
or extended
25supervision. The department shall design the program to include not less than 50
1participants at a time and so that a participant may complete the program in not
2more than 180 days. The department may restrict participant privileges as
3necessary to maintain discipline.
AB351-SSA1,55,75
302.045
(2) (cm) If the inmate is serving a bifurcated sentence imposed under
6s. 973.01, the sentencing court decided under s. 973.01 (3m) that the inmate is
7eligible for the challenge incarceration program.
AB351-SSA1,55,159
302.045
(3) Parole eligibility. Except as provided in sub. (4), if the department
10determines that an inmate has successfully completed the challenge incarceration
11program, the parole commission shall parole the inmate under s. 304.06, regardless
12of the time the inmate has served
, unless the person is serving a sentence imposed
13under s. 973.01. When the parole commission grants parole under this subsection,
14it must require the parolee to participate in an intensive supervision program for
15drug abusers as a condition of parole.
AB351-SSA1,55,2117
302.045
(3m) Release to extended supervision. (a) Except as provided in sub.
18(4), if the department determines that an inmate serving the term of confinement in
19prison portion of a bifurcated sentence imposed under s. 973.01 has successfully
20completed the challenge incarceration program, the department shall inform the
21court that sentenced the inmate.
AB351-SSA1,55,2522
(b) Upon being informed by the department under par. (a) that an inmate whom
23the court sentenced under s. 973.01 has successfully completed the challenge
24incarceration program, the court shall modify the inmate's bifurcated sentence as
25follows:
AB351-SSA1,56,4
11. The court shall reduce the term of confinement in prison portion of the
2inmate's bifurcated sentence in a manner that provides for the release of the inmate
3to extended supervision within 30 days of the date on which the court receives the
4information from the department under par. (a).
AB351-SSA1,56,65
2. The court shall lengthen the term of extended supervision imposed so that
6the total length of the bifurcated sentence originally imposed does not change.
AB351-SSA1,56,87
(c) The court may not increase the total length of the bifurcated sentence when
8modifying a bifurcated sentence under par. (b).