SB345-SSA1,46,85 301.048 (2m) Persons serving bifurcated sentence; restricted eligibility.
6A prisoner serving a bifurcated sentence imposed under s. 973.01 is not eligible for
7the intensive sanctions program during the term of confinement in prison portion of
8the bifurcated sentence.
SB345-SSA1, s. 160 9Section 160. 301.048 (4) (a) of the statutes is amended to read:
SB345-SSA1,46,1810 301.048 (4) (a) A participant is in the custody and under the control of the
11department, subject to its rules and discipline. A participant entering the program
12under sub. (2) (a) or (b) is a prisoner. A participant entering the program under sub.
13(2) (c) is a prisoner, except that he or she is a parolee for purposes of revocation. A
14participant entering the program under sub. (2) (cm) is a prisoner, except that he or
15she remains a person on extended supervision for purposes of revocation.
A
16participant entering the program under sub. (2) (d) is a prisoner, except that he or
17she remains a probationer or, parolee or person on extended supervision, whichever
18is applicable, for purposes of revocation.
SB345-SSA1, s. 161 19Section 161. 301.048 (4) (am) of the statutes is amended to read:
SB345-SSA1,47,320 301.048 (4) (am) A participant who is a parolee for purposes of revocation is
21subject to revocation for violation of any condition of parole or any rule or condition
22applicable because he or she is a program participant. A participant who is a person
23on extended supervision for purposes of revocation is subject to revocation for
24violation of any condition of extended supervision or any rule or condition applicable
25because he or she is a program participant.
A participant who is a probationer for

1purposes of revocation is subject to revocation for violation of any condition of
2probation or any rule or condition applicable because he or she is a program
3participant.
SB345-SSA1, s. 162 4Section 162. 301.048 (4m) (b) (intro.) of the statutes is amended to read:
SB345-SSA1,47,105 301.048 (4m) (b) (intro.) As soon as possible after a prisoner, probationer or,
6parolee or person on extended supervision who has violated s. 940.03, 940.05,
7940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06 or 948.07 enters the intensive
8sanctions program, the department shall make a reasonable effort to notify all of the
9following persons, if they can be found, in accordance with par. (c) and after receiving
10a completed card under par. (d):
SB345-SSA1, s. 163 11Section 163. 301.048 (4m) (b) 1. of the statutes is amended to read:
SB345-SSA1,47,1512 301.048 (4m) (b) 1. The victim of the crime committed by the prisoner,
13probationer or, parolee or person on extended supervision or, if the victim died as a
14result of the crime, an adult member of the victim's family or, if the victim is younger
15than 18 years old, the victim's parent or legal guardian.
SB345-SSA1, s. 164 16Section 164. 301.048 (4m) (b) 2. of the statutes is amended to read:
SB345-SSA1,47,1917 301.048 (4m) (b) 2. Any witness who testified against the prisoner, probationer
18or, parolee or person on extended supervision in any court proceeding involving the
19offense.
SB345-SSA1, s. 165 20Section 165. 301.048 (6) of the statutes is renumbered 301.048 (6) (a) and
21amended to read:
SB345-SSA1,47,2422 301.048 (6) (a) The Except as provided in par. (b), the department may
23discharge a participant from participation in the program and from departmental
24custody and control at any time.
SB345-SSA1, s. 166 25Section 166. 301.048 (6) (b) of the statutes is created to read:
SB345-SSA1,48,4
1301.048 (6) (b) The department may discharge a participant who is on extended
2supervision under s. 302.113 from participation in the program at any time, but the
3person remains under departmental supervision under the terms of the person's
4bifurcated sentence imposed under s. 973.01 until the end of that sentence.
SB345-SSA1, s. 167 5Section 167. 301.049 (2) (a) 2. of the statutes is amended to read:
SB345-SSA1,48,86 301.049 (2) (a) 2. On probation, extended supervision or parole and who, if
7approved by the department under par. (b), would participate in the program as an
8alternative to revocation of probation, extended supervision or parole.
SB345-SSA1, s. 168 9Section 168. 301.049 (3) (e) of the statutes is amended to read:
SB345-SSA1,48,1110 301.049 (3) (e) Prepare each mother to be able to live in a safe, lawful and stable
11manner in the community upon parole, extended supervision or discharge.
SB345-SSA1, s. 169 12Section 169. 301.08 (1) (c) 2., 3., 3m. and 5. of the statutes, as affected by 1997
13Wisconsin Act 27
, are amended to read:
SB345-SSA1,48,1714 301.08 (1) (c) 2. Beginning on January 1, 1996, the department may contract
15with public, private or voluntary vendors for the supervision or for any component
16of the supervision of probationers and, parolees and persons on extended supervision
17who are under minimum supervision or administrative supervision.
SB345-SSA1,48,2118 3. Except as provided in subd. 3m., a contract under subd. 2. shall authorize
19a vendor to charge a fee to probationers and, parolees and persons on extended
20supervision
sufficient to cover the cost of supervision and administration of the
21contract.
SB345-SSA1,49,222 3m. A contract under subd. 2. shall permit the department to prohibit a vendor
23from charging a fee to a probationer or, parolee or person on extended supervision
24who is supervised under the contract if the probationer or , parolee or person on

1extended supervision
demonstrates that he or she is unable to pay the fee because
2of any of the following:
SB345-SSA1,49,43 a. The probationer or, parolee or person on extended supervision is undergoing
4treatment approved by the department and is unable to work.
SB345-SSA1,49,85 b. The probationer or, parolee or person on extended supervision has a
6statement from a physician certifying to the department that the probationer or,
7parolee or person on extended supervision should be excused from working for
8medical reasons.
SB345-SSA1,49,139 5. The department shall promulgate rules for fees, collections, reporting and
10verification regarding probationers and, parolees and persons on extended
11supervision
supervised by a vendor who contracts with the department under subd.
122. and shall promulgate rules defining "administrative supervision" and "minimum
13supervision".
SB345-SSA1, s. 170 14Section 170. 301.08 (3) (b) (intro.) of the statutes, as created by 1997 Wisconsin
15Act 27
, is amended to read:
SB345-SSA1,49,1816 301.08 (3) (b) (intro.) Before contracting under this section for transitional
17housing for the temporary placement of persons on parole, extended supervision or
18probation, the department shall notify all of the following of the proposed contract:
SB345-SSA1, s. 171 19Section 171. 301.132 (2) of the statutes is amended to read:
SB345-SSA1,49,2320 301.132 (2) The department may require, as a condition of probation or, parole
21or extended supervision
, that a probationer or, parolee or person on extended
22supervision
who is a sex offender submit to a lie detector test when directed to do so
23by the department.
SB345-SSA1, s. 172 24Section 172. 301.132 (3) of the statutes is amended to read:
SB345-SSA1,50,5
1301.132 (3) The department shall promulgate rules establishing a lie detector
2test program for probationers and, parolees and persons on extended supervision
3who are sex offenders. The rules shall provide for assessment of fees upon
4probationers and, parolees and persons on extended supervision to partially offset
5the costs of the program.
SB345-SSA1, s. 173 6Section 173. 301.21 (1m) (a) 8. of the statutes, as affected by 1997 Wisconsin
7Act 27
, is amended to read:
SB345-SSA1,50,98 301.21 (1m) (a) 8. Provisions concerning procedures for probation, parole,
9extended supervision
and discharge.
SB345-SSA1, s. 174 10Section 174. 301.21 (2m) (a) 6. of the statutes, as created by 1997 Wisconsin
11Act 27
, is amended to read:
SB345-SSA1,50,1312 301.21 (2m) (a) 6. Provisions concerning procedures for probation, parole,
13extended supervision
and discharge.
SB345-SSA1, s. 175 14Section 175. 301.32 (3) (a) of the statutes is amended to read:
SB345-SSA1,50,2015 301.32 (3) (a) All money or other property paid or delivered to a probation,
16extended supervision
and parole agent or other employe of the department by or for
17the benefit of any person on probation, extended supervision or parole shall be
18immediately transmitted to the department and it shall enter the same upon its
19books to his or her credit. The property shall be used only under the direction of the
20department.
SB345-SSA1, s. 176 21Section 176. 301.32 (3) (b) of the statutes is amended to read:
SB345-SSA1,50,2522 301.32 (3) (b) If the person on probation, extended supervision or parole
23absconds, the money shall be credited to the revolving fund created by s. 304.075; and
24other property if not called for within one year shall be sold by the department and
25the proceeds shall be credited to the fund.
SB345-SSA1, s. 177
1Section 177. 301.35 (2) (bm) of the statutes is created to read:
SB345-SSA1,51,22 301.35 (2) (bm) A person on extended supervision.
SB345-SSA1, s. 178 3Section 178. 301.38 (1) (am) of the statutes is amended to read:
SB345-SSA1,51,74 301.38 (1) (am) "Prisoner" has the meaning given in s. 301.01 (2), but does not
5include any person in the intensive sanctions program under s. 301.048 or any person
6who is imprisoned as an alternative to the revocation of probation , extended
7supervision
or parole.
SB345-SSA1, s. 179 8Section 179. 301.45 (1) (b) of the statutes, as affected by 1995 Wisconsin Act
9440
, is amended to read:
SB345-SSA1,51,1610 301.45 (1) (b) Is in prison, a secured correctional facility, as defined in s. 938.02
11(15m), or a secured child caring institution, as defined in s. 938.02 (15g), or on
12probation, extended supervision, parole, supervision or aftercare supervision on or
13after December 25, 1993, for any violation, or for the solicitation, conspiracy or
14attempt to commit any violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02
15(1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30, or of s.
16940.30 or 940.31 if the victim was a minor and the person was not the victim's parent.
SB345-SSA1, s. 180 17Section 180. 301.45 (1) (bm) of the statutes, as created by 1995 Wisconsin Act
18440
, is amended to read:
SB345-SSA1,52,219 301.45 (1) (bm) Is in prison, a secured correctional facility, as defined in s.
20938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or
21on probation, extended supervision, parole, supervision or aftercare supervision on
22or after December 25, 1993, for a violation, or for the solicitation, conspiracy or
23attempt to commit a violation, of a law of this state that is comparable to s. 940.22
24(2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06,

1948.07, 948.08, 948.11 or 948.30 or that is comparable to a violation of s. 940.30 or
2940.31 if the victim was a minor and the person was not the victim's parent.
SB345-SSA1, s. 181 3Section 181. 301.45 (1) (dh) of the statutes, as created by 1995 Wisconsin Act
4440
, is amended to read:
SB345-SSA1,52,115 301.45 (1) (dh) Is on parole, extended supervision or probation in this state
6from another state under s. 304.13 or 304.135 on or after December 25, 1993, for a
7violation, or for the solicitation, conspiracy or attempt to commit a violation, of the
8law of another state that is comparable to a violation of s. 940.22 (2), 940.225 (1), (2)
9or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08,
10948.11 or 948.30 or that is comparable to a violation of s. 940.30 or 940.31 if the victim
11was a minor and the person was not the victim's parent.
SB345-SSA1, s. 182 12Section 182. 301.45 (2) (a) 4. b. of the statutes, as created by 1995 Wisconsin
13Act 440
, is amended to read:
SB345-SSA1,52,1614 301.45 (2) (a) 4. b. The date the person was or is to be released from
15confinement, whether on parole, extended supervision or otherwise, or discharged
16or terminated from a sentence or commitment.
SB345-SSA1, s. 183 17Section 183. 301.45 (2) (e) 1. of the statutes, as created by 1995 Wisconsin Act
18440
, is amended to read:
SB345-SSA1,52,2119 301.45 (2) (e) 1. Within 10 days after the person being placed on parole,
20extended supervision, probation, supervision, aftercare supervision, conditional
21release or supervised release.
SB345-SSA1, s. 184 22Section 184. 301.45 (2) (e) 2. of the statutes, as created by 1995 Wisconsin Act
23440
, is amended to read:
SB345-SSA1,53,3
1301.45 (2) (e) 2. If the person is on parole , extended supervision or probation
2from another state under s. 304.13 or 304.135, within 10 days after the person enters
3this state.
SB345-SSA1, s. 185 4Section 185. 301.45 (3) (a) 1m. of the statutes, as created by 1995 Wisconsin
5Act 440
, is amended to read:
SB345-SSA1,53,86 301.45 (3) (a) 1m. If the person is on parole, extended supervision or probation
7from another state under s. 304.13 or 304.135, he or she is subject to this subsection
8upon entering this state.
SB345-SSA1, s. 186 9Section 186. 301.45 (3) (a) 2. of the statutes, as affected by 1995 Wisconsin Act
10440
, is amended to read:
SB345-SSA1,53,1411 301.45 (3) (a) 2. If the person has been sentenced to prison or placed in a secured
12correctional facility or a secured child caring institution, he or she is subject to this
13subsection upon being released on parole, extended supervision or aftercare
14supervision.
SB345-SSA1, s. 187 15Section 187. 301.45 (3) (b) 2. of the statutes, as affected by 1995 Wisconsin Act
16440
, is amended to read:
SB345-SSA1,53,2517 301.45 (3) (b) 2. The department shall notify a person who is being released
18from prison because he or she has reached the expiration date of his or her sentence
19and who is covered under sub. (1) of the need to comply with this section. Also,
20probation, extended supervision and parole agents, aftercare agents and agencies
21providing supervision shall notify any client who is covered under sub. (1) of the need
22to comply with this section at the time the client is placed on probation, extended
23supervision,
parole, supervision or aftercare supervision or, if the client is on
24probation, extended supervision or parole from another state under s. 304.13 or
25304.135, when the client enters this state.
SB345-SSA1, s. 188
1Section 188. 301.45 (3) (b) 4. of the statutes, as affected by 1995 Wisconsin Act
2440
, is amended to read:
SB345-SSA1,54,63 301.45 (3) (b) 4. Failure to receive notice under this paragraph from the
4department of health and family services, the department of corrections, a probation,
5extended supervision
and parole agent, an aftercare agent or an agency providing
6supervision is not a defense to liability under sub. (6).
SB345-SSA1, s. 189 7Section 189. 301.45 (5) (a) 1m. of the statutes, as created by 1995 Wisconsin
8Act 440
, is amended to read:
SB345-SSA1,54,119 301.45 (5) (a) 1m. If the person is on parole, extended supervision or probation
10from another state under s. 304.13 or 304.135, 15 years after discharge from that
11parole, extended supervision or probation.
SB345-SSA1, s. 190 12Section 190. 301.46 (2) (b) 4. b. of the statutes, as created by 1995 Wisconsin
13Act 440
, is amended to read:
SB345-SSA1,54,1614 301.46 (2) (b) 4. b. The date the person was released from confinement, whether
15on parole, extended supervision or otherwise, or discharged or terminated from a
16sentence or commitment.
SB345-SSA1, s. 191 17Section 191. 302.045 (1) of the statutes is amended to read:
SB345-SSA1,55,218 302.045 (1) Program. The department shall provide a challenge incarceration
19program for inmates selected to participate under sub. (2). The program shall
20provide participants with strenuous physical exercise, manual labor, personal
21development counseling, substance abuse treatment and education, military drill
22and ceremony and counseling in preparation for release on parole or extended
23supervision
. The department shall design the program to include not less than 50
24participants at a time and so that a participant may complete the program in not

1more than 180 days. The department may restrict participant privileges as
2necessary to maintain discipline.
SB345-SSA1, s. 192 3Section 192. 302.045 (2) (cm) of the statutes is created to read:
SB345-SSA1,55,64 302.045 (2) (cm) If the inmate is serving a bifurcated sentence imposed under
5s. 973.01, the sentencing court decided under s. 973.01 (3m) that the inmate is
6eligible for the challenge incarceration program.
SB345-SSA1, s. 193 7Section 193. 302.045 (3) of the statutes is amended to read:
SB345-SSA1,55,148 302.045 (3) Parole eligibility. Except as provided in sub. (4), if the department
9determines that an inmate has successfully completed the challenge incarceration
10program, the parole commission shall parole the inmate under s. 304.06, regardless
11of the time the inmate has served, unless the person is serving a sentence imposed
12under s. 973.01
. When the parole commission grants parole under this subsection,
13it must require the parolee to participate in an intensive supervision program for
14drug abusers as a condition of parole.
SB345-SSA1, s. 194 15Section 194. 302.045 (3m) of the statutes is created to read:
SB345-SSA1,55,2016 302.045 (3m) Release to extended supervision. (a) Except as provided in sub.
17(4), if the department determines that an inmate serving the term of confinement in
18prison portion of a bifurcated sentence imposed under s. 973.01 has successfully
19completed the challenge incarceration program, the department shall inform the
20court that sentenced the inmate.
SB345-SSA1,55,2421 (b) Upon being informed by the department under par. (a) that an inmate whom
22the court sentenced under s. 973.01 has successfully completed the challenge
23incarceration program, the court shall modify the inmate's bifurcated sentence as
24follows:
SB345-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).
SB345-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.
SB345-SSA1,56,87 (c) The court may not increase the total length of the bifurcated sentence when
8modifying a bifurcated sentence under par. (b).
SB345-SSA1, s. 195 9Section 195. 302.045 (4) of the statutes is amended to read:
SB345-SSA1,56,1210 302.045 (4) Intensive sanctions program participants. The department may
11place any intensive sanctions program participant in the challenge incarceration
12program. The participant is not subject to subs. (2) and , (3) and (3m).
SB345-SSA1, s. 196 13Section 196. 302.095 (2) of the statutes is amended to read:
SB345-SSA1,56,2414 302.095 (2) Any officer or other person who delivers or procures to be delivered
15or has in his or her possession with intent to deliver to any inmate confined in a jail
16or state prison, or who deposits or conceals in or about a jail or prison, or the precincts
17of a jail or prison, or in any vehicle going into the premises belonging to a jail or
18prison, any article or thing whatever, with intent that any inmate confined in the jail
19or prison shall obtain or receive the same, or who receives from any inmate any
20article or thing whatever with intent to convey the same out of a jail or prison,
21contrary to the rules or regulations and without the knowledge or permission of the
22sheriff or other keeper of the jail, in the case of a jail, or of the warden or
23superintendent of the prison, in the case of a prison, shall be imprisoned for not more
24than 2 3 years or fined not more than $500.
SB345-SSA1, s. 197 25Section 197. 302.11 (1) of the statutes is amended to read:
SB345-SSA1,57,6
1302.11 (1) The warden or superintendent shall keep a record of the conduct of
2each inmate, specifying each infraction of the rules. Except as provided in subs. (1g),
3(1m), (1z), (7) and (10), each inmate is entitled to mandatory release on parole by the
4department. The mandatory release date is established at two-thirds of the
5sentence. Any calculations under this subsection or sub. (2) (b) resulting in fractions
6of a day shall be rounded in the inmate's favor to a whole day.
SB345-SSA1, s. 198 7Section 198. 302.11 (1g) (am) of the statutes is amended to read:
SB345-SSA1,57,108 302.11 (1g) (am) The mandatory release date established in sub. (1) is a
9presumptive mandatory release date for an inmate who is serving a sentence for a
10serious felony committed on or after April 21, 1994, but before July 1, 1999.
SB345-SSA1, s. 199 11Section 199. 302.11 (1i) of the statutes is amended to read:
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