Amendment SSA1-SB345

SB345-SSA1, s. 138 Section 138. 227.03 (4) of the statutes is amended to read:

SB345-SSA1,40,20 227.03 (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.

SB345-SSA1, s. 139 Section 139. 230.36 (1) of the statutes is amended to read:

SB345-SSA1,42,4 230.36 (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.

SB345-SSA1, s. 140 Section 140. 230.36 (3) (c) (intro.) of the statutes is amended to read:

SB345-SSA1,42,9 230.36 (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:

SB345-SSA1, s. 141 Section 141. 230.36 (3) (c) 2. of the statutes is amended to read:

SB345-SSA1,42,13 230.36 (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;

SB345-SSA1, s. 142 Section 142. 230.36 (3) (c) 3. of the statutes is amended to read:

SB345-SSA1,42,16 230.36 (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;

SB345-SSA1, s. 143 Section 143. 253.06 (4) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

SB345-SSA1,42,22 253.06 (4) (b) A person who violates any provision of this subsection may be fined not more than $10,000 or imprisoned for not more than 2 3 years, or both, for the first offense and may be fined not more than $10,000 or imprisoned for not more than 5 7 years and 6 months, or both, for the 2nd or subsequent offense.

SB345-SSA1, s. 144 Section 144. 285.87 (2) (b) of the statutes is amended to read:

SB345-SSA1,43,3 285.87 (2) (b) If the conviction under par. (a) is for a violation committed after another conviction under par. (a), the person shall be fined not more than $50,000 per day of violation or imprisoned for not more than 2 3 years or both.

SB345-SSA1, s. 145 Section 145. 291.97 (2) (b) (intro.) of the statutes is amended to read:

SB345-SSA1,43,7 291.97 (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:

SB345-SSA1, s. 146 Section 146. 291.97 (2) (c) of the statutes is amended to read:

SB345-SSA1,43,11 291.97 (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.

SB345-SSA1,43,14 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.

SB345-SSA1, s. 147 Section 147. 299.53 (4) (c) 2. of the statutes is amended to read:

SB345-SSA1,43,20 299.53 (4) (c) 2. Any person who intentionally makes any false statement or representation in complying with sub. (2) (a) shall be fined not more than $25,000 or imprisoned for not more than one year in the county jail or both. For a 2nd or subsequent violation, the person shall be fined not more than $50,000 or imprisoned for not more than 2 3 years or both.

SB345-SSA1, s. 148 Section 148. 301.03 (2r) of the statutes is amended to read:

SB345-SSA1,43,23 301.03 (2r) Conduct drug testing of prospective parolees or persons to be placed on extended supervision who have undergone treatment while in state prison.

SB345-SSA1, s. 149 Section 149. 301.03 (3) of the statutes is amended to read:

SB345-SSA1,44,10 301.03 (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.

SB345-SSA1, s. 150 Section 150. 301.03 (3g) of the statutes is amended to read:

SB345-SSA1,44,13 301.03 (3g) Provide treatment for alcoholics and intoxicated persons on parole or extended supervision.

SB345-SSA1, s. 151 Section 151. 301.03 (13) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

SB345-SSA1,44,18 301.03 (13) Annually notify each person who has been discharged from probation, extended supervision or parole and who owed any supervision fees at the time of discharge of any supervision fees owed by the person to the department.

SB345-SSA1, s. 152 Section 152. 301.03 (14) of the statutes is created to read:

SB345-SSA1,44,23 301.03 (14) On or before August 1 of each even-numbered year, provide to the department of health and family services an estimate of the total proposed budget that the department of corrections will submit in its biennial budget request under s. 16.42.

SB345-SSA1, s. 153 Section 153. 301.046 (3) (intro.) of the statutes is amended to read:

SB345-SSA1,45,4 301.046 (3) Eligibility. (intro.) The department shall determine those prisoners who are confined under sub. (1). Except as provided in sub. subs. (3m) and (3t), a prisoner is eligible for this confinement only under all of the following conditions:

SB345-SSA1, s. 154 Section 154. 301.046 (3t) of the statutes is created to read:

SB345-SSA1,45,9 301.046 (3t) Persons serving bifurcated sentence; restricted eligibility. A prisoner serving a bifurcated sentence imposed under s. 973.01 is not eligible for confinement under sub. (1) during the term of confinement in prison portion of the bifurcated sentence.

SB345-SSA1, s. 155 Section 155. 301.048 (1) (a) of the statutes is amended to read:

SB345-SSA1,45,13 301.048 (1) (a) Punishment that is less costly than ordinary imprisonment and more restrictive than ordinary probation or parole supervision or extended supervision.

SB345-SSA1, s. 156 Section 156. 301.048 (2) (b) of the statutes is amended to read:

SB345-SSA1,45,18 301.048 (2) (b) He or she is a prisoner serving a felony sentence not punishable by life imprisonment and the department directs him or her to participate in the program. This paragraph does not apply to a prisoner serving a bifurcated sentence imposed under s. 973.01.

SB345-SSA1, s. 157 Section 157. 301.048 (2) (cm) of the statutes is created to read:

SB345-SSA1,45,22 301.048 (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).

SB345-SSA1, s. 158 Section 158. 301.048 (2) (d) of the statutes is amended to read:

SB345-SSA1,46,3 301.048 (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.

SB345-SSA1, s. 159 Section 159. 301.048 (2m) of the statutes is created to read:

SB345-SSA1,46,8 301.048 (2m) Persons serving bifurcated sentence; restricted eligibility. A prisoner serving a bifurcated sentence imposed under s. 973.01 is not eligible for the intensive sanctions program during the term of confinement in prison portion of the bifurcated sentence.

SB345-SSA1, s. 160 Section 160. 301.048 (4) (a) of the statutes is amended to read:

SB345-SSA1,46,18 301.048 (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.

SB345-SSA1, s. 161 Section 161. 301.048 (4) (am) of the statutes is amended to read:

SB345-SSA1,47,3 301.048 (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.

SB345-SSA1, s. 162 Section 162. 301.048 (4m) (b) (intro.) of the statutes is amended to read:

SB345-SSA1,47,10 301.048 (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):

SB345-SSA1, s. 163 Section 163. 301.048 (4m) (b) 1. of the statutes is amended to read:

SB345-SSA1,47,15 301.048 (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.

SB345-SSA1, s. 164 Section 164. 301.048 (4m) (b) 2. of the statutes is amended to read:

SB345-SSA1,47,19 301.048 (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.

SB345-SSA1, s. 165 Section 165. 301.048 (6) of the statutes is renumbered 301.048 (6) (a) and amended to read:

SB345-SSA1,47,24 301.048 (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.

SB345-SSA1, s. 166 Section 166. 301.048 (6) (b) of the statutes is created to read:

SB345-SSA1,48,4 301.048 (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.

SB345-SSA1, s. 167 Section 167. 301.049 (2) (a) 2. of the statutes is amended to read:

SB345-SSA1,48,8 301.049 (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.

SB345-SSA1, s. 168 Section 168. 301.049 (3) (e) of the statutes is amended to read:

SB345-SSA1,48,11 301.049 (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.

SB345-SSA1, s. 169 Section 169. 301.08 (1) (c) 2., 3., 3m. and 5. of the statutes, as affected by 1997 Wisconsin Act 27, are amended to read:

SB345-SSA1,48,17 301.08 (1) (c) 2. Beginning on January 1, 1996, the department may contract with public, private or voluntary vendors for the supervision or for any component of the supervision of probationers and, parolees and persons on extended supervision who are under minimum supervision or administrative supervision.

SB345-SSA1,48,21 3. Except as provided in subd. 3m., a contract under subd. 2. shall authorize a 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.

SB345-SSA1,49,2 3m. A contract under subd. 2. shall permit the department to prohibit a vendor from charging a fee to a probationer or, parolee or person on extended supervision who is supervised under the contract if the probationer or , parolee or person on extended supervision demonstrates that he or she is unable to pay the fee because of any of the following:

SB345-SSA1,49,4 a. The probationer or, parolee or person on extended supervision is undergoing treatment approved by the department and is unable to work.

SB345-SSA1,49,8 b. The probationer or, parolee or person on extended supervision has a statement from a physician certifying to the department that the probationer or, parolee or person on extended supervision should be excused from working for medical reasons.

SB345-SSA1,49,13 5. The department shall promulgate rules for fees, collections, reporting and verification regarding probationers and, parolees and persons on extended supervision supervised by a vendor who contracts with the department under subd. 2. and shall promulgate rules defining "administrative supervision" and "minimum supervision".

SB345-SSA1, s. 170 Section 170. 301.08 (3) (b) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

SB345-SSA1,49,18 301.08 (3) (b) (intro.) Before contracting under this section for transitional housing for the temporary placement of persons on parole, extended supervision or probation, the department shall notify all of the following of the proposed contract:

SB345-SSA1, s. 171 Section 171. 301.132 (2) of the statutes is amended to read:

SB345-SSA1,49,23 301.132 (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.

SB345-SSA1, s. 172 Section 172. 301.132 (3) of the statutes is amended to read:

SB345-SSA1,50,5 301.132 (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.

SB345-SSA1, s. 173 Section 173. 301.21 (1m) (a) 8. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB345-SSA1,50,9 301.21 (1m) (a) 8. Provisions concerning procedures for probation, parole, extended supervision and discharge.

SB345-SSA1, s. 174 Section 174. 301.21 (2m) (a) 6. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

SB345-SSA1,50,13 301.21 (2m) (a) 6. Provisions concerning procedures for probation, parole, extended supervision and discharge.

SB345-SSA1, s. 175 Section 175. 301.32 (3) (a) of the statutes is amended to read:

SB345-SSA1,50,20 301.32 (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.

SB345-SSA1, s. 176 Section 176. 301.32 (3) (b) of the statutes is amended to read:

SB345-SSA1,50,25 301.32 (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.

SB345-SSA1, s. 177 Section 177. 301.35 (2) (bm) of the statutes is created to read:

SB345-SSA1,51,2 301.35 (2) (bm) A person on extended supervision.

SB345-SSA1, s. 178 Section 178. 301.38 (1) (am) of the statutes is amended to read:

SB345-SSA1,51,7 301.38 (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.

SB345-SSA1, s. 179 Section 179. 301.45 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read: