Amendment SSA1-AB351

AB351-SSA1, s. 184 Section 184. 301.45 (2) (a) 4. b. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB351-SSA1,52,19 301.45 (2) (a) 4. b. The date the person was or is to be released from confinement, whether on parole, extended supervision or otherwise, or discharged or terminated from a sentence or commitment.

AB351-SSA1, s. 185 Section 185. 301.45 (2) (e) 1. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB351-SSA1,52,24 301.45 (2) (e) 1. Within 10 days after the person being placed on parole, extended supervision, probation, supervision, aftercare supervision, conditional release or supervised release.

AB351-SSA1, s. 186 Section 186. 301.45 (2) (e) 2. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB351-SSA1,53,5 301.45 (2) (e) 2. If the person is on parole, extended supervision or probation from another state under s. 304.13 or 304.135, within 10 days after the person enters this state.

AB351-SSA1, s. 187 Section 187. 301.45 (3) (a) 1m. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB351-SSA1,53,10 301.45 (3) (a) 1m. If the person is on parole, extended supervision or probation from another state under s. 304.13 or 304.135, he or she is subject to this subsection upon entering this state.

AB351-SSA1, s. 188 Section 188. 301.45 (3) (a) 2. of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

AB351-SSA1,53,16 301.45 (3) (a) 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 is subject to this subsection upon being released on parole, extended supervision or aftercare supervision.

AB351-SSA1, s. 189 Section 189. 301.45 (3) (b) 2. of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

AB351-SSA1,54,2 301.45 (3) (b) 2. The department shall notify a person who is being released from prison because he or she has reached the expiration date of his or her sentence and who is covered under sub. (1) of the need to comply with this section. Also, probation, extended supervision and parole agents, aftercare agents and agencies providing supervision shall notify any client who is covered under sub. (1) of the need to comply with this section at the time the client is placed on probation, extended supervision, parole, supervision or aftercare supervision or, if the client is on probation, extended supervision or parole from another state under s. 304.13 or 304.135, when the client enters this state.

AB351-SSA1, s. 190 Section 190. 301.45 (3) (b) 4. of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

AB351-SSA1,54,8 301.45 (3) (b) 4. Failure to receive notice under this paragraph from the department of health and family services, the department of corrections, a probation, extended supervision and parole agent, an aftercare agent or an agency providing supervision is not a defense to liability under sub. (6).

AB351-SSA1, s. 191 Section 191. 301.45 (5) (a) 1m. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB351-SSA1,54,13 301.45 (5) (a) 1m. If the person is on parole, extended supervision or probation from another state under s. 304.13 or 304.135, 15 years after discharge from that parole, extended supervision or probation.

AB351-SSA1, s. 192 Section 192. 301.46 (2) (b) 4. b. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB351-SSA1,54,18 301.46 (2) (b) 4. b. The date the person was released from confinement, whether on parole, extended supervision or otherwise, or discharged or terminated from a sentence or commitment.

AB351-SSA1, s. 193 Section 193. 302.045 (1) of the statutes is amended to read:

AB351-SSA1,55,3 302.045 (1) Program. The department shall provide a challenge incarceration program for inmates selected to participate under sub. (2). The program shall provide participants with strenuous physical exercise, manual labor, personal development counseling, substance abuse treatment and education, military drill and ceremony and counseling in preparation for release on parole or extended supervision. The department shall design the program to include not less 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.

AB351-SSA1, s. 194 Section 194. 302.045 (2) (cm) of the statutes is created to read:

AB351-SSA1,55,7 302.045 (2) (cm) If the inmate is serving a bifurcated sentence imposed under s. 973.01, the sentencing court decided under s. 973.01 (3m) that the inmate is eligible for the challenge incarceration program.

AB351-SSA1, s. 195 Section 195. 302.045 (3) of the statutes is amended to read:

AB351-SSA1,55,15 302.045 (3) Parole eligibility. Except as provided in sub. (4), if the department determines that an inmate has successfully completed the challenge incarceration program, the parole commission shall parole the inmate under s. 304.06, regardless of the time the inmate has served, unless the person is serving a sentence imposed under s. 973.01. When the parole commission grants parole under this subsection, it must require the parolee to participate in an intensive supervision program for drug abusers as a condition of parole.

AB351-SSA1, s. 196 Section 196. 302.045 (3m) of the statutes is created to read:

AB351-SSA1,55,21 302.045 (3m) Release to extended supervision. (a) Except as provided in sub. (4), if the department determines that an inmate serving the term of confinement in prison portion of a bifurcated sentence imposed under s. 973.01 has successfully completed the challenge incarceration program, the department shall inform the court that sentenced the inmate.

AB351-SSA1,55,25 (b) Upon being informed by the department under par. (a) that an inmate whom the court sentenced under s. 973.01 has successfully completed the challenge incarceration program, the court shall modify the inmate's bifurcated sentence as follows:

AB351-SSA1,56,4 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 of the date on which the court receives the information from the department under par. (a).

AB351-SSA1,56,6 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.

AB351-SSA1,56,8 (c) The court may not increase the total length of the bifurcated sentence when modifying a bifurcated sentence under par. (b).

AB351-SSA1, s. 197 Section 197. 302.045 (4) of the statutes is amended to read:

AB351-SSA1,56,12 302.045 (4) Intensive sanctions program participants. The department may place any intensive sanctions program participant in the challenge incarceration program. The participant is not subject to subs. (2) and , (3) and (3m).

AB351-SSA1, s. 198 Section 198. 302.095 (2) of the statutes is amended to read:

AB351-SSA1,56,24 302.095 (2) Any officer or other person who delivers or procures to be delivered or has in his or her possession with intent to deliver to any inmate confined in a jail or state prison, or who deposits or conceals in or about a jail or prison, or the precincts of a jail or prison, or in any vehicle going into the premises belonging to a jail or prison, any article or thing whatever, with intent that any inmate confined in the jail or prison shall obtain or receive the same, or who receives from any inmate any article or thing whatever with intent to convey the same out of a jail or prison, contrary to the rules or regulations and without the knowledge or permission of the sheriff or other keeper of the jail, in the case of a jail, or of the warden or superintendent of the prison, in the case of a prison, shall be imprisoned for not more than 2 3 years or fined not more than $500.

AB351-SSA1, s. 199 Section 199. 302.11 (1) of the statutes is amended to read:

AB351-SSA1,57,6 302.11 (1) The warden or superintendent shall keep a record of the conduct of each inmate, specifying each infraction of the rules. Except as provided in subs. (1g), (1m), (1z), (7) and (10), each inmate is entitled to mandatory release on parole by the department. The mandatory release date is established at two-thirds of the sentence. Any calculations under this subsection or sub. (2) (b) resulting in fractions of a day shall be rounded in the inmate's favor to a whole day.

AB351-SSA1, s. 200 Section 200. 302.11 (1) of the statutes, as affected by 1997 Wisconsin Acts 133 and .... (this act), is repealed and recreated to read:

AB351-SSA1,57,14 302.11 (1) The warden or superintendent shall keep a record of the conduct of each inmate, specifying each infraction of the rules. Except as provided in subs. (1g), (1m), (1q), (1z), (7) and (10), each inmate is entitled to mandatory release on parole by the department. The mandatory release date is established at two-thirds of the sentence. Any calculations under this subsection or sub. (1q) (b) or (2) (b) resulting in fractions of a day shall be rounded in the inmate's favor to a whole day.

AB351-SSA1, s. 201 Section 201. 302.11 (1g) (am) of the statutes is amended to read:

AB351-SSA1,57,18 302.11 (1g) (am) The mandatory release date established in sub. (1) is a presumptive mandatory release date for an inmate who is serving a sentence for a serious felony committed on or after April 21, 1994, but before December 31, 1999.

AB351-SSA1, s. 202 Section 202. 302.11 (1i) of the statutes is amended to read:

AB351-SSA1,57,23 302.11 (1i) An Except as provided in sub. (1z), an inmate serving a sentence to the intensive sanctions program is entitled to mandatory release. The mandatory release date under sub. (1) is established at two-thirds of the sentence under s. 973.032 (3) (a).

AB351-SSA1, s. 203 Section 203. 302.11 (1p) of the statutes is amended to read:

AB351-SSA1,58,3 302.11 (1p) An inmate serving a term subject to s. 961.49 (2) for a crime committed before December 31, 1999, is entitled to mandatory release, except the inmate may not be released before he or she has complied with s. 961.49 (2).

AB351-SSA1, s. 204 Section 204. 302.11 (1z) of the statutes is created to read:

AB351-SSA1,58,7 302.11 (1z) An inmate who is sentenced to a term of confinement in prison under s. 973.01 for a felony that is committed on or after December 31, 1999, is not entitled to mandatory release on parole under this section.

AB351-SSA1, s. 205 Section 205. 302.11 (6) of the statutes is amended to read:

AB351-SSA1,58,17 302.11 (6) Any inmate released on parole under sub. (1) or (1g) (b) or s. 304.02 or 304.06 (1) is subject to all conditions and rules of parole until the expiration of the sentence or until he or she is discharged by the department. Except as provided in ch. 304, releases from prison shall be on the Tuesday or Wednesday preceding the release date. The department may discharge a parolee on or after his or her mandatory release date or after 2 years of supervision. Any inmate sentenced to the intensive sanctions program who is released on parole under sub. (1) or s. 304.02 or 304.06 (1) remains in the program unless discharged by the department under s. 301.048 (6) (a).

AB351-SSA1, s. 206 Section 206. 302.11 (9) of the statutes is amended to read:

AB351-SSA1,58,21 302.11 (9) Except as provided in sub. subs. (1g) (am) and (1z), this section applies to persons committing offenses occurring on or after June 1, 1984, or persons filing requests in accordance with 1983 Wisconsin Act 528, section 29 (2) or (3).

AB351-SSA1, s. 207 Section 207. 302.113 of the statutes is created to read:

AB351-SSA1,58,25 302.113 Release to extended supervision for felony offenders not serving life sentences. (1) An inmate is subject to this section if he or she is serving a bifurcated sentence imposed under s. 973.01.

AB351-SSA1,59,4 (2) Except as provided in subs. (3) and (9), 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 sentencing court under s. 302.045 (3m) (b) 1., if applicable.

AB351-SSA1,59,9 (3) (a) The warden or superintendent shall keep a record of the conduct of each inmate subject to this section, specifying each infraction of the rules. If an inmate subject to this section violates any regulation of the prison or refuses or neglects to perform required or assigned duties, the department may extend the term of confinement in prison portion of the inmate's bifurcated sentence as follows:

AB351-SSA1,59,10 1. Ten days for the first offense.

AB351-SSA1,59,11 2. Twenty days for the 2nd offense.

AB351-SSA1,59,12 3. Forty days for the 3rd or each subsequent offense.

AB351-SSA1,59,19 (b) In addition to the sanctions under par. (a), if an inmate subject to this section is placed in adjustment, program or controlled segregation status, the department may extend his or her term of confinement in prison portion of the bifurcated sentence by a number of days equal to 50% of the number of days spent in segregation status. In administering this paragraph, the department shall use the definition of adjustment, program or controlled segregation status under departmental rules in effect at the time an inmate is placed in that status.

AB351-SSA1,60,2 (bm) An inmate subject to this section who files an action or special proceeding, including a petition for a common law writ of certiorari, to which s. 807.15 applies shall have his or her term of confinement extended by the number of days specified in the court order prepared under s. 807.15 (3). Upon receiving a court order issued under s. 807.15, the department shall recalculate the date on which the inmate to whom the order applies will be entitled to release to extended supervision and shall inform the inmate of that date.

AB351-SSA1,60,5 (c) No extension of a term of confinement in prison under this subsection may require an inmate to serve more days in prison than the total length of the bifurcated sentence imposed under s. 973.01.

AB351-SSA1,60,8 (d) If the term of confinement in prison portion of a bifurcated sentence is increased under this subsection, the term of extended supervision is reduced so that the total length of the bifurcated sentence does not change.

AB351-SSA1,60,11 (4) All consecutive sentences shall be computed as one continuous sentence. The person shall serve any term of extended supervision after serving all terms of confinement in prison.

AB351-SSA1,60,13 (5) An inmate may waive entitlement to release to extended supervision if the department agrees to the waiver.

AB351-SSA1,60,19 (6) Before a person is released to extended supervision under this section, the department shall notify the municipal police department and the county sheriff for the area where the person will be residing. The notification requirement does not apply if a municipal department or county sheriff submits to the department a written statement waiving the right to be notified. If applicable, the department shall also comply with s. 304.063.

AB351-SSA1,60,25 (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. The department may set conditions of extended supervision in addition to any conditions of extended supervision set by the court under s. 973.01 (5) if the conditions set by the department do not conflict with the court's conditions.

AB351-SSA1,61,3 (8) Releases to extended supervision from prison shall be on the Tuesday or Wednesday preceding the date on which he or she completes the term of imprisonment.

AB351-SSA1,61,14 (9) (a) If a person released to extended supervision under this section violates a condition of extended supervision, the division of hearings and appeals in the department of administration, upon proper notice and hearing, or the department of corrections, if the person on extended supervision waives a hearing, may revoke the extended supervision of the person and return the person to prison. If the person is returned to prison, he or she shall 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 custody before release to extended supervision. The revocation order shall provide the person on extended supervision with credit in accordance with ss. 304.072 and 973.155.

AB351-SSA1,61,19 (b) A person who is returned to prison after revocation of extended supervision shall be incarcerated for the entire period of time specified by the department of corrections in the case of a waiver or by the division of hearings and appeals in the department of administration in the case of a hearing under par. (a). The period of time specified under par. (a) may be extended in accordance with sub. (3).

AB351-SSA1,61,25 (c) A person who is subsequently released to extended supervision after service of the period of time specified by the department of corrections in the case of a waiver or by the division of hearings and appeals in the department of administration in the case of a hearing under par. (a) is subject to all conditions and rules under sub. (7) until the expiration of the term of extended supervision portion of the bifurcated sentence.

AB351-SSA1,62,2 (10) The department may promulgate rules establishing guidelines and criteria for the exercise of discretion under this section.

AB351-SSA1, s. 208 Section 208. 302.114 of the statutes is created to read:

AB351-SSA1,62,8 302.114 Petition for release and release to extended supervision for felony offenders serving life sentences. (1) An inmate is subject to this section if he or she is serving a life sentence imposed under s. 973.014 (1g) (a) 1. or 2. An inmate serving a life sentence under s. 939.62 (2m) or 973.014 (1g) (a) 3. is not eligible for release to extended supervision under this section.

AB351-SSA1,62,13 (2) Except as provided in subs. (3) and (9), an inmate subject to this section may petition the sentencing court for release to extended supervision after he or she has served 20 years, if the inmate was sentenced under s. 973.014 (1g) (a) 1., or after he or she has reached the extended supervision eligibility date set by the court, if the inmate was sentenced under s. 973.014 (1g) (a) 2.

AB351-SSA1,62,19 (3) (a) The warden or superintendent shall keep a record of the conduct of each inmate subject to this section, specifying each infraction of the rules. If any inmate subject to this section violates any regulation of the prison or refuses or neglects to perform required or assigned duties, the department may extend the extended supervision eligibility date set under s. 973.014 (1g) (a) 1. or 2., whichever is applicable, as follows:

AB351-SSA1,62,20 1. Ten days for the first offense.

AB351-SSA1,62,21 2. Twenty days for the 2nd offense.

AB351-SSA1,62,22 3. Forty days for the 3rd or each subsequent offense.

AB351-SSA1,63,4 (b) In addition to the sanctions under par. (a), if an inmate subject to this section is placed in adjustment, program or controlled segregation status, the department may extend the extended supervision eligibility date set under s. 973.014 (1g) (a) 1. or 2., whichever is applicable, by a number of days equal to 50% of the number of days spent in segregation status. In administering this paragraph, the department shall use the definition of adjustment, program or controlled segregation status under departmental rules in effect at the time an inmate is placed in that status.

AB351-SSA1,63,12 (c) An inmate subject to this section who files an action or special proceeding, including a petition for a common law writ of certiorari, to which s. 807.15 applies shall have his or her extended supervision eligibility date set under s. 973.014 (1g) (a) 1. or 2., whichever is applicable, extended by the number of days specified in the court order prepared under s. 807.15 (3). Upon receiving a court order issued under s. 807.15, the department shall recalculate the date on which the inmate to whom the order applies will be entitled to petition for release to extended supervision and shall inform the inmate of that date.

AB351-SSA1,63,15 (4) All consecutive sentences shall be computed as one continuous sentence. An inmate subject to this section shall serve any term of extended supervision after serving all terms of confinement in prison.

AB351-SSA1,63,22 (5) (a) An inmate subject to this section who is seeking release to extended supervision shall file a petition for release to extended supervision with the court that sentenced him or her. An inmate may not file an initial petition under this paragraph earlier than 90 days before his or her extended supervision eligibility date. If an inmate files an initial petition for release to extended supervision at any time earlier than 90 days before his or her extended supervision eligibility date, the court shall deny the petition without a hearing.

AB351-SSA1,64,2 (am) The inmate shall serve a copy of a petition for release to extended supervision on the district attorney's office that prosecuted him or her, and the district attorney shall file a written response to the petition within 45 days after the date he or she receives the petition.

AB351-SSA1,64,8 (b) After reviewing a petition for release to extended supervision and the district attorney's response to the petition, the court shall decide whether to hold a hearing on the petition or, if it does not hold a hearing, whether to grant or deny the petition without a hearing. If the court decides to hold a hearing under this paragraph, the hearing shall be before the court without a jury. The office of the district attorney that prosecuted the inmate shall represent the state at the hearing.

AB351-SSA1,64,14 (c) Before deciding whether to grant or deny the inmate's petition, the court shall allow a victim, as defined in s. 950.02 (4), to make a statement or submit a statement concerning the release of the inmate to extended supervision. The court may allow any other person to make or submit a statement under this paragraph. Any statement under this paragraph must be relevant to the release of the inmate to extended supervision.

AB351-SSA1,64,17 (cm) A court may not grant an inmate's petition for release to extended supervision unless the inmate proves, by clear and convincing evidence, that he or she is not a danger to the public.

AB351-SSA1,64,19 (d) If the court grants the inmate's petition for release to extended supervision, the court may impose conditions on the term of extended supervision.

AB351-SSA1,64,25 (e) If the court denies the inmate's petition for release to extended supervision, the court shall specify the date on which the inmate may file a subsequent petition under this section. An inmate may file a subsequent petition at any time on or after the date specified by the court, but if the inmate files a subsequent petition for release to extended supervision before the date specified by the court, the court may deny the petition without a hearing.

AB351-SSA1,65,5 (f) An inmate may appeal an order denying his or her petition for release to extended supervision. In an appeal under this paragraph, the appellate court may reverse an order denying a petition for release to extended supervision only if it determines that the sentencing court improperly exercised its discretion in denying the petition for release to extended supervision.

AB351-SSA1,65,6 (6) (a) In this subsection, "victim" has the meaning given in s. 950.02 (4).