Amendment SSA1-SB345

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:

SB345-SSA1,51,16 301.45 (1) (b) Is in prison, a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or on probation, extended supervision, parole, supervision or aftercare supervision on or after December 25, 1993, for any violation, or for the solicitation, conspiracy or attempt to commit any violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30, or of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent.

SB345-SSA1, s. 180 Section 180. 301.45 (1) (bm) of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

SB345-SSA1,52,2 301.45 (1) (bm) Is in prison, a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or on probation, extended supervision, parole, supervision or aftercare supervision on or after December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of a law of this state that is comparable to s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30 or that is comparable to a violation of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent.

SB345-SSA1, s. 181 Section 181. 301.45 (1) (dh) of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

SB345-SSA1,52,11 301.45 (1) (dh) Is on parole, extended supervision or probation in this state from another state under s. 304.13 or 304.135 on or after December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of the law of another state that is comparable to a violation of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30 or that is comparable to a violation of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent.

SB345-SSA1, s. 182 Section 182. 301.45 (2) (a) 4. b. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

SB345-SSA1,52,16 301.45 (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.

SB345-SSA1, s. 183 Section 183. 301.45 (2) (e) 1. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

SB345-SSA1,52,21 301.45 (2) (e) 1. Within 10 days after the person being placed on parole, extended supervision, probation, supervision, aftercare supervision, conditional release or supervised release.

SB345-SSA1, s. 184 Section 184. 301.45 (2) (e) 2. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

SB345-SSA1,53,3 301.45 (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.

SB345-SSA1, s. 185 Section 185. 301.45 (3) (a) 1m. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

SB345-SSA1,53,8 301.45 (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.

SB345-SSA1, s. 186 Section 186. 301.45 (3) (a) 2. of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

SB345-SSA1,53,14 301.45 (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.

SB345-SSA1, s. 187 Section 187. 301.45 (3) (b) 2. of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

SB345-SSA1,53,25 301.45 (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.

SB345-SSA1, s. 188 Section 188. 301.45 (3) (b) 4. of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

SB345-SSA1,54,6 301.45 (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).

SB345-SSA1, s. 189 Section 189. 301.45 (5) (a) 1m. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

SB345-SSA1,54,11 301.45 (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.

SB345-SSA1, s. 190 Section 190. 301.46 (2) (b) 4. b. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

SB345-SSA1,54,16 301.46 (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.

SB345-SSA1, s. 191 Section 191. 302.045 (1) of the statutes is amended to read:

SB345-SSA1,55,2 302.045 (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.

SB345-SSA1, s. 192 Section 192. 302.045 (2) (cm) of the statutes is created to read:

SB345-SSA1,55,6 302.045 (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.

SB345-SSA1, s. 193 Section 193. 302.045 (3) of the statutes is amended to read:

SB345-SSA1,55,14 302.045 (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.

SB345-SSA1, s. 194 Section 194. 302.045 (3m) of the statutes is created to read:

SB345-SSA1,55,20 302.045 (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.

SB345-SSA1,55,24 (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:

SB345-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).

SB345-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.

SB345-SSA1,56,8 (c) The court may not increase the total length of the bifurcated sentence when modifying a bifurcated sentence under par. (b).

SB345-SSA1, s. 195 Section 195. 302.045 (4) of the statutes is amended to read:

SB345-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).

SB345-SSA1, s. 196 Section 196. 302.095 (2) of the statutes is amended to read:

SB345-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.

SB345-SSA1, s. 197 Section 197. 302.11 (1) of the statutes is amended to read:

SB345-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.

SB345-SSA1, s. 198 Section 198. 302.11 (1g) (am) of the statutes is amended to read:

SB345-SSA1,57,10 302.11 (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 July 1, 1999.

SB345-SSA1, s. 199 Section 199. 302.11 (1i) of the statutes is amended to read: