SB345-SSA1, s. 205 14Section 205. 302.114 of the statutes is created to read:
SB345-SSA1,61,19 15302.114 Petition for release and release to extended supervision for
16felony offenders serving life sentences.
(1) An inmate is subject to this section
17if he or she is serving a life sentence imposed under s. 973.014 (1g) (a) 1. or 2. An
18inmate serving a life sentence under s. 939.62 (2m) or 973.014 (1g) (a) 3. is not eligible
19for release to extended supervision under this section.
SB345-SSA1,61,24 20(2) Except as provided in subs. (3) and (9), an inmate subject to this section may
21petition the sentencing court for release to extended supervision after he or she has
22served 20 years, if the inmate was sentenced under s. 973.014 (1g) (a) 1., or after he
23or she has reached the extended supervision eligibility date set by the court, if the
24inmate was sentenced under s. 973.014 (1g) (a) 2.
SB345-SSA1,62,6
1(3) (a) The warden or superintendent shall keep a record of the conduct of each
2inmate subject to this section, specifying each infraction of the rules. If any inmate
3subject to this section violates any regulation of the prison or refuses or neglects to
4perform required or assigned duties, the department may extend the extended
5supervision eligibility date set under s. 973.014 (1g) (a) 1. or 2., whichever is
6applicable, as follows:
SB345-SSA1,62,77 1. Ten days for the first offense.
SB345-SSA1,62,88 2. Twenty days for the 2nd offense.
SB345-SSA1,62,99 3. Forty days for the 3rd or each subsequent offense.
SB345-SSA1,62,1610 (b) In addition to the sanctions under par. (a), if an inmate subject to this section
11is placed in adjustment, program or controlled segregation status, the department
12may extend the extended supervision eligibility date set under s. 973.014 (1g) (a) 1.
13or 2., whichever is applicable, by a number of days equal to 50% of the number of days
14spent in segregation status. In administering this paragraph, the department shall
15use the definition of adjustment, program or controlled segregation status under
16departmental rules in effect at the time an inmate is placed in that status.
SB345-SSA1,62,19 17(4) All consecutive sentences shall be computed as one continuous sentence.
18An inmate subject to this section shall serve any term of extended supervision after
19serving all terms of confinement in prison.
SB345-SSA1,63,2 20(5) (a) An inmate subject to this section who is seeking release to extended
21supervision shall file a petition for release to extended supervision with the court
22that sentenced him or her. An inmate may not file an initial petition under this
23paragraph earlier than 90 days before his or her extended supervision eligibility
24date. If an inmate files an initial petition for release to extended supervision at any

1time earlier than 90 days before his or her extended supervision eligibility date, the
2court shall deny the petition without a hearing.
SB345-SSA1,63,63 (am) The inmate shall serve a copy of a petition for release to extended
4supervision on the district attorney's office that prosecuted him or her, and the
5district attorney shall file a written response to the petition within 45 days after the
6date he or she receives the petition.
SB345-SSA1,63,127 (b) After reviewing a petition for release to extended supervision and the
8district attorney's response to the petition, the court shall decide whether to hold a
9hearing on the petition or, if it does not hold a hearing, whether to grant or deny the
10petition without a hearing. If the court decides to hold a hearing under this
11paragraph, the hearing shall be before the court without a jury. The office of the
12district attorney that prosecuted the inmate shall represent the state at the hearing.
SB345-SSA1,63,1813 (c) Before deciding whether to grant or deny the inmate's petition, the court
14shall allow a victim or family member of a homicide victim to make a statement or
15submit a statement concerning the release of the inmate to extended supervision.
16The court may allow any other person to make or submit a statement under this
17paragraph. Any statement under this paragraph must be relevant to the release of
18the inmate to extended supervision.
SB345-SSA1,63,2119 (cm) A court may not grant an inmate's petition for release to extended
20supervision unless the inmate proves, by clear and convincing evidence, that he or
21she is not a danger to the public.
SB345-SSA1,63,2322 (d) If the court grants the inmate's petition for release to extended supervision,
23the court may impose conditions on the term of extended supervision.
SB345-SSA1,64,424 (e) If the court denies the inmate's petition for release to extended supervision,
25the court shall specify the date on which the inmate may file a subsequent petition

1under this section. An inmate may file a subsequent petition at any time on or after
2the date specified by the court, but if the inmate files a subsequent petition for release
3to extended supervision before the date specified by the court, the court may deny
4the petition without a hearing.
SB345-SSA1,64,95 (f) An inmate may appeal an order denying his or her petition for release to
6extended supervision. In an appeal under this paragraph, the appellate court may
7reverse an order denying a petition for release to extended supervision only if it
8determines that the sentencing court improperly exercised its discretion in denying
9the petition for release to extended supervision.
SB345-SSA1,64,10 10(6) (a) In this subsection:
SB345-SSA1,64,1211 1. "Member of the family" means spouse, child, sibling, parent or legal
12guardian.
SB345-SSA1,64,1313 2. "Victim" means a person against whom a crime has been committed.
SB345-SSA1,64,2114 (b) If an inmate petitions a court under sub. (5) or (9) (b) for release to extended
15supervision under this section, the clerk of the circuit court in which the petition is
16filed shall send a copy of the petition and, if a hearing is scheduled, a notice of hearing
17to the victim of the crime committed by the inmate or, if the victim died as a result
18of the crime, an adult member of the victim's family or, if the victim is younger than
1918 years old, the victim's parent or legal guardian, if the victim, adult family member
20or parent or legal guardian has submitted a card under par. (e) requesting
21notification.
SB345-SSA1,64,2522 (c) The notice under par. (b) shall inform the persons under par. (b) that they
23may appear at the hearing under sub. (5) or (9) (b), if a hearing is scheduled, and shall
24inform them of the manner in which they may provide written statements
25concerning the inmate's petition for release to extended supervision.
SB345-SSA1,65,5
1(d) The clerk of the circuit court shall make a reasonable effort to send a copy
2of the inmate's petition to the last-known address of the persons under par. (b) within
37 days of the date on which the petition is filed and shall make a reasonable effort
4to send the notice of hearing, if a hearing is scheduled, to the last-known address of
5the persons under par. (b), postmarked at least 10 days before the date of the hearing.
SB345-SSA1,65,166 (e) The director of state courts shall design and prepare cards for a person
7specified under par. (b) to send to the clerk of the circuit court in which the inmate
8is convicted and sentenced. The cards shall have space for any such person to provide
9his or her name and address, the name of the applicable inmate and any other
10information the director of state courts determines is necessary. The director of state
11courts shall provide the cards, without charge, to clerks of circuit court. Clerks of
12circuit court shall provide the cards, without charge, to persons specified in par. (b).
13These persons may send completed cards to the clerk of the circuit court in which the
14inmate was convicted and sentenced. All court records or portions of records that
15relate to mailing addresses of these persons are not subject to inspection or copying
16under s. 19.35 (1).
SB345-SSA1,65,22 17(7) Before a person is released to extended supervision under this section, the
18department shall notify the municipal police department and the county sheriff for
19the area where the person will be residing. The notification requirement does not
20apply if a municipal department or county sheriff submits to the department a
21written statement waiving the right to be notified. If applicable, the department
22shall also comply with s. 304.063.
SB345-SSA1,66,2 23(8) Any inmate released to extended supervision under this section is subject
24to all conditions and rules of extended supervision. The department may set
25conditions of extended supervision in addition to any conditions of extended

1supervision set by the court under sub. (5) (d) if the conditions set by the department
2do not conflict with the court's conditions.
SB345-SSA1,66,7 3(9) (a) If a person released to extended supervision under this section violates
4a condition of extended supervision, the division of hearings and appeals in the
5department of administration, upon proper notice and hearing, or the department
6of corrections, if the person on extended supervision waives a hearing, may revoke
7the extended supervision of the person and return the person to prison.
SB345-SSA1,66,98 If the person is returned to prison, he or she shall be returned to prison for a specified
9period of time, as provided under par. (b).
SB345-SSA1,66,1610 (b) If a person is returned to prison under par. (a) after revocation of extended
11supervision, the department of corrections in the case of a waiver or the division of
12hearings and appeals in the department of administration in the case of a hearing
13under par. (a) shall specify a period of time for which the person shall be incarcerated
14before being eligible for release to extended supervision. The period of time specified
15under this paragraph may not be less than 5 years and may be extended in
16accordance with sub. (3).
SB345-SSA1,67,217 (bm) A person who is returned to prison under par. (a) after revocation of
18extended supervision may, upon petition to the sentencing court, be released to
19extended supervision after he or she has served the entire period of time specified
20in par. (b), including any periods of extension imposed under sub. (3). A person may
21not file a petition under this paragraph earlier than 90 days before the date on which
22he or she is eligible to be released to extended supervision. If a person files a petition
23for release to extended supervision under this paragraph at any time earlier than 90
24days before the date on which he or she is eligible to be released to extended

1supervision, the court shall deny the petition without a hearing. The procedures
2specified in sub. (5) (am) to (f) apply to a petition filed under this paragraph.
SB345-SSA1,67,53 (c) A person who is subsequently released to extended supervision under par.
4(b) is subject to all conditions and rules under sub. (8) until the expiration of the
5sentence.
SB345-SSA1,67,7 6(10) The department may promulgate rules establishing guidelines and
7criteria for the exercise of discretion under this section.
SB345-SSA1, s. 206 8Section 206. 302.14 of the statutes is amended to read:
SB345-SSA1,67,17 9302.14 (title) Property of deceased inmates, parolees or, probationers
10or persons on extended supervision, disposition. When an inmate of a prison
11or, a parolee of an institution, a person on extended supervision or a person on
12probation to the department dies leaving an estate of $150 or less in the trust of the
13warden, superintendent or secretary, the warden, superintendent or secretary shall
14try to determine whether or not the estate is to be probated. If probate proceedings
15are not commenced within 90 days, the warden, superintendent or secretary shall
16turn over the money or securities to the nearest of kin as evidenced by the records
17of the institution and the department.
SB345-SSA1, s. 207 18Section 207. 302.17 (2) of the statutes is amended to read:
SB345-SSA1,67,2319 302.17 (2) The department shall make entries on the register to reflect the
20progress made by each inmate while incarcerated and the inmate's release on parole
21or extended supervision, condition at the time of release on parole or extended
22supervision
and progress made while on parole or extended supervision. This
23subsection does not apply to inmates subject to an order under s. 48.366.
SB345-SSA1, s. 208 24Section 208. 302.25 (4) (c) of the statutes is amended to read:
SB345-SSA1,68,9
1302.25 (4) (c) Inmates confined in an institution pursuant to the terms of this
2compact shall at all times be subject to the jurisdiction of the sending state and may
3at any time be removed therefrom for transfer to a prison or other institution within
4the sending state, for transfer to another institution in which the sending state may
5have a contractual or other right to confine inmates, for release on probation,
6extended supervision
or parole, for discharge, or for any other purpose permitted by
7the laws of the sending state; provided, that the sending state shall continue to be
8obligated to such payments as may be required pursuant to the terms of any contract
9entered into under the terms of sub. (3).
SB345-SSA1, s. 209 10Section 209. 302.33 (2) (a) (intro.) of the statutes is amended to read:
SB345-SSA1,68,1411 302.33 (2) (a) (intro.) The department shall pay for the maintenance of persons
12in its custody who are placed in the county jail or other county facility, or in a tribal
13jail under s. 302.445, pending disposition of parole, extended supervision or
14probation revocation proceedings subject to the following conditions:
SB345-SSA1, s. 210 15Section 210. 302.33 (2) (b) of the statutes is amended to read:
SB345-SSA1,68,1916 302.33 (2) (b) This subsection applies only to probationers or, parolees or
17persons on extended supervision
who were placed on that status in connection with
18a conviction for a felony. This subsection applies only to confinements initiated after
19July 2, 1983.
SB345-SSA1, s. 211 20Section 211. 302.335 (title) of the statutes is amended to read:
SB345-SSA1,68,22 21302.335 (title) Restrictions on detaining probationers and, parolees
22and persons on extended supervision in county or tribal jail.
SB345-SSA1, s. 212 23Section 212. 302.335 (2) (intro.) of the statutes is amended to read:
SB345-SSA1,69,224 302.335 (2) (intro.) If a probationer or , parolee or person on extended
25supervision
is detained in a county jail or other county facility, or in a tribal jail under

1s. 302.445, pending disposition of probation or , parole or extended supervision
2revocation proceedings, the following conditions apply:
SB345-SSA1, s. 213 3Section 213. 302.335 (2) (a) (intro.) of the statutes is amended to read:
SB345-SSA1,69,114 302.335 (2) (a) (intro.) The department shall begin a preliminary revocation
5hearing within 15 working days after the probationer or , parolee or person on
6extended supervision
is detained in the county jail, other county facility or the tribal
7jail. The department may extend, for cause, this deadline by not more than 5
8additional working days upon written notice to the probationer or, parolee or person
9on extended supervision
and the sheriff, the tribal chief of police or other person in
10charge of the county facility. This paragraph does not apply under any of the
11following circumstances:
SB345-SSA1, s. 214 12Section 214. 302.335 (2) (a) 1. of the statutes is amended to read:
SB345-SSA1,69,1413 302.335 (2) (a) 1. The probationer or , parolee or person on extended supervision
14has waived, in writing, the right to a preliminary hearing.
SB345-SSA1, s. 215 15Section 215. 302.335 (2) (a) 2. of the statutes is amended to read:
SB345-SSA1,69,1716 302.335 (2) (a) 2. The probationer or , parolee or person on extended supervision
17has given and signed a written statement that admits the violation.
SB345-SSA1, s. 216 18Section 216. 302.335 (2) (a) 3. of the statutes is amended to read:
SB345-SSA1,69,2219 302.335 (2) (a) 3. There has been a finding of probable cause in a felony criminal
20action and the probationer or, parolee or person on extended supervision is bound
21over for trial for the same or similar conduct that is alleged to be a violation of
22supervision.
SB345-SSA1, s. 217 23Section 217. 302.335 (2) (b) of the statutes is amended to read:
SB345-SSA1,70,624 302.335 (2) (b) The division shall begin a final revocation hearing within 50
25calendar days after the person is detained in the county jail, other county facility or

1the tribal jail. The department may request the division to extend this deadline by
2not more than 10 additional calendar days, upon notice to the probationer or, parolee
3or person on extended supervision, the sheriff, the tribal chief of police or other
4person in charge of the facility, and the division. The division may grant the request.
5This paragraph does not apply if the probationer or, parolee or person on extended
6supervision
has waived the right to a final revocation hearing.
SB345-SSA1, s. 218 7Section 218. 302.335 (3) of the statutes is amended to read:
SB345-SSA1,70,118 302.335 (3) If there is a failure to begin a hearing within the time requirements
9under sub. (2), the sheriff, the tribal chief of police or other person in charge of a
10county facility shall notify the department at least 24 hours before releasing a
11probationer or, parolee or person on extended supervision under this subsection.
SB345-SSA1, s. 219 12Section 219. 302.335 (4) of the statutes is amended to read:
SB345-SSA1,70,1713 302.335 (4) This section applies to probationers or, parolees or persons on
14extended supervision
who begin detainment in a county jail, other county facility or
15a tribal jail on or after July 1, 1990, except that this section does not apply to any
16probationer or, parolee or person on extended supervision who is in the county jail,
17other facility or the tribal jail and serving a sentence.
SB345-SSA1, s. 220 18Section 220. 303.065 (1) of the statutes is renumbered 303.065 (1) (a) and
19amended to read:
SB345-SSA1,70,2220 303.065 (1) (a) The Except as provided in par. (b), the department may grant
21work release privileges to any person incarcerated within the state prisons, except
22that no
.
SB345-SSA1,71,2 23(b) 1. A person serving a life sentence, other than a life sentence specified in
24subd. 2.,
may be considered for work release until only after he or she has reached
25parole eligibility under s. 304.06 (1) (b) or 973.014 (1) (a) or (b), whichever is

1applicable, and no or he or she has reached his or her extended supervision eligibility
2date under s. 302.114 (9) (b) or 973.014 (1g) (a) 1. or 2., whichever is applicable.
SB345-SSA1,71,4 32. A person serving a life sentence under s. 939.62 (2m) or 973.014 (1) (c) or (1g)
4(a) 3.
may not be considered for work release.
SB345-SSA1, s. 221 5Section 221. 303.21 (1) (a) of the statutes, as affected by 1997 Wisconsin Act
63
, is amended to read:
SB345-SSA1,71,187 303.21 (1) (a) If an inmate of a state institution, in the performance of assigned
8work is injured so as to be permanently incapacitated or to have materially reduced
9earning power, the inmate may, upon being released from such institution, either
10upon release on parole or extended supervision or upon final discharge, be allowed
11and paid such compensation as the department of workforce development finds the
12inmate entitled to. The inmate shall be compensated on the same basis as if the
13injury had been covered by ch. 102, except that the total paid to any inmate may not
14exceed $10,000 and may be paid in instalments. If the injury results from
15employment in a prison industry, the payment shall be made from the revolving
16appropriation for its operation. If there is no revolving appropriation, payment shall
17be made from the general fund. In case of dispute, the procedure for hearing, award
18and appeal shall be as set forth in ss. 102.16 to 102.26.
SB345-SSA1, s. 222 19Section 222. 303.215 of the statutes is amended to read:
SB345-SSA1,72,5 20303.215 Compensation to prisoners or residents injured in prison
21industries employment.
In accordance with s. 102.03 (2), for an inmate of a state
22institution or a resident subject to s. 303.01 (1) (b) employed under s. 303.06 (2),
23compensation under ch. 102 on being released from the applicable institution, on
24parole, on extended supervision, on final discharge or in accordance with ch. 938,
25whichever is applicable, is the exclusive remedy against the department and any

1employe of the department for any injury sustained by the inmate or resident while
2performing service growing out of and incidental to that employment. The
3department shall make any payments required under this section from the revolving
4appropriation for the operation of prison industries or, if there is no revolving
5appropriation for the operation of prison industries, from the general fund.
SB345-SSA1, s. 223 6Section 223. 304.02 (3) (c) of the statutes is amended to read:
SB345-SSA1,72,97 304.02 (3) (c) The institution social worker or the probation, extended
8supervision
and parole agent of record has reason to believe the prisoner will be able
9to maintain himself or herself in society without engaging in assaultive activity.
SB345-SSA1, s. 224 10Section 224. 304.02 (4) of the statutes is amended to read:
SB345-SSA1,72,1311 304.02 (4) If a person is sentenced under s. 973.032, he or she is eligible for a
12release to parole supervision under this section and remains in the intensive
13sanctions program unless discharged by the department under s. 301.048 (6) (a).
SB345-SSA1, s. 225 14Section 225. 304.02 (5) of the statutes is amended to read:
SB345-SSA1,72,1715 304.02 (5) Notwithstanding subs. (1) to (3), a prisoner who is serving a life
16sentence under s. 939.62 (2m) or 973.014 (1) (c) or (1g) is not eligible for release to
17parole supervision under this section.
SB345-SSA1, s. 226 18Section 226. 304.02 (6) of the statutes is created to read:
SB345-SSA1,72,2119 304.02 (6) Notwithstanding subs. (1) to (3), a prisoner is not eligible for release
20to parole supervision under this section if he or she is serving a bifurcated sentence
21under s. 973.01.
SB345-SSA1, s. 227 22Section 227. 304.06 (1) (b) of the statutes is amended to read:
SB345-SSA1,73,1223 304.06 (1) (b) Except as provided in sub. (1m) or s. 302.045 (3), 961.49 (2),
24973.01 (6)
or 973.0135, the parole commission may parole an inmate of the Wisconsin
25state prisons or any felon or any person serving at least one year or more in a county

1house of correction or a county reforestation camp organized under s. 303.07, when
2he or she has served 25% of the sentence imposed for the offense, or 6 months,
3whichever is greater. Except as provided in s. 939.62 (2m) or 973.014 (1) (b) or (c),
4(1g) or (2)
, the parole commission may parole an inmate serving a life term when he
5or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject
6to extension using the formulas under s. 302.11 (2). The person serving the life term
7shall be given credit for time served prior to sentencing under s. 973.155, including
8good time under s. 973.155 (4). The secretary may grant special action parole
9releases under s. 304.02. The department or the parole commission shall not provide
10any convicted offender or other person sentenced to the department's custody any
11parole eligibility or evaluation until the person has been confined at least 60 days
12following sentencing.
SB345-SSA1, s. 228 13Section 228. 304.06 (1y) of the statutes is amended to read:
SB345-SSA1,73,1614 304.06 (1y) If a person is sentenced under s. 973.032, he or she is eligible for
15a release to parole supervision under this section and remains in the intensive
16sanctions program unless discharged by the department under s. 301.048 (6) (a).
SB345-SSA1, s. 229 17Section 229. 304.062 (title) of the statutes is amended to read:
SB345-SSA1,73,19 18304.062 (title) Ordering parolees and persons on extended supervision
19to perform community service work.
SB345-SSA1, s. 230 20Section 230. 304.062 (1) of the statutes is amended to read:
SB345-SSA1,74,321 304.062 (1) The department may order that a parolee or a person on extended
22supervision
perform community service work for a public agency or a nonprofit
23charitable organization. An order may apply only if agreed to by the parolee or the
24person on extended supervision
and the organization or agency. The department
25shall ensure that the parolee or the person on extended supervision is provided a

1written statement of the terms of the community service order and shall monitor the
2parolee's compliance of the parolee or person on extended supervision with the
3community service order.
SB345-SSA1, s. 231 4Section 231. 304.062 (2) of the statutes is amended to read:
SB345-SSA1,74,105 304.062 (2) Any organization or agency acting in good faith to which a parolee
6or person on extended supervision is assigned under an order under this section has
7immunity from any civil liability in excess of $25,000 for acts or omissions by or
8impacting on the parolee or person on extended supervision. The department has
9immunity from any civil liability for acts or omissions by or impacting on the parolee
10or person on extended supervision regarding the assignment under this section.
SB345-SSA1, s. 232 11Section 232. 304.063 (title) of the statutes is amended to read:
SB345-SSA1,74,13 12304.063 (title) Notification prior to release on extended supervision or
13parole.
SB345-SSA1, s. 233 14Section 233. 304.063 (2) (intro.) of the statutes is amended to read:
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