Amendment SSA2-SB345

SB345-SSA2,3,18 51.37 (8) (b) If the condition of any prisoner or inmate committed or transferred under this section requires psychiatric or psychological treatment after his or her date of release as determined under s. 302.11 or, if s. 302.11 is not applicable, after the expiration date of his or her sentence, the director of the state treatment facility shall, within a reasonable time before the release date of the prisoner or inmate, make a written application to the court which committed the prisoner or inmate under sub. (5) (a). Thereupon, the proceeding shall be upon application made under s. 51.20, but no physician or psychologist who is connected with a state prison, Winnebago or Mendota mental health institute or any county jail or house of correction may be appointed as an examiner. If the court does not commit the prisoner or inmate, it may dismiss the application and order the prisoner or inmate returned to the institution from which he or she was transferred until the release date of the prisoner or inmate. If the court commits the prisoner or inmate for the period commencing upon his or her release date, the commitment shall be to the care and custody of the county department under s. 51.42 or 51.437.

SB345-SSA2, s. 5 Section 5. 302.11 (1) of the statutes is amended to read:

SB345-SSA2,3,25 302.11 (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-SSA2, s. 6 Section 6. 302.11 (1g) (am) of the statutes is amended to read:

SB345-SSA2,4,5 302.11 (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 the effective date of this paragraph .... [revisor inserts date].

SB345-SSA2, s. 7 Section 7. 302.11 (1i) of the statutes is amended to read:

SB345-SSA2,4,10 302.11 (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).

SB345-SSA2, s. 8 Section 8. 302.11 (1p) of the statutes is amended to read:

SB345-SSA2,4,15 302.11 (1p) An inmate serving a term subject to s. 961.49 (2) for a crime committed on or after the effective date of this subsection .... [revisor inserts date], is entitled to mandatory release, except the inmate may not be released before he or she has complied with s. 961.49 (2).

SB345-SSA2, s. 9 Section 9. 302.11 (1z) of the statutes is created to read:

SB345-SSA2,4,20 302.11 (1z) An inmate who is sentenced to imprisonment for a crime that is committed on or after the effective date of this subsection .... [revisor inserts date], is not entitled to mandatory release on parole under this section but may be paroled by the parole commission as provided in s. 304.06 (1).

SB345-SSA2, s. 10 Section 10. 302.11 (6) of the statutes is amended to read:

SB345-SSA2,5,5 302.11 (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, if applicable, 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).

SB345-SSA2, s. 11 Section 11. 302.11 (9) of the statutes is amended to read:

SB345-SSA2,5,9 302.11 (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).

SB345-SSA2, s. 12 Section 12. 302.45 (1) of the statutes is amended to read:

SB345-SSA2,5,20 302.45 (1) The department and any county or group of counties may contract for the cooperative establishment and use of state-local shared correctional facilities. Inmates sentenced to the Wisconsin state prisons, a county jail, a county reforestation camp or a county house of correction may be transferred to a shared facility by the department, sheriff or superintendent, respectively, under the agreement covering use of the facility. Any inmate confined in a state-local shared correctional facility shall be deemed to be serving time in the penal institution to which he or she was sentenced and shall be eligible to earn good time credit against his or her sentence as provided under ss. s. 302.11, if applicable, and ss. 302.12;, 302.43;, 303.07 and 303.19 for that institution.

SB345-SSA2, s. 13 Section 13. 303.19 (3) of the statutes is amended to read:

SB345-SSA2,6,5 303.19 (3) The superintendent shall keep a true record of the conduct of each prisoner, specifying each infraction of the rules of discipline; and at the end of each month shall give a certificate of good conduct to each prisoner against whom no such infraction is recorded, subject to annulment by the department for subsequent misconduct. Upon each such certificate issued to any such prisoner serving sentence for a misdemeanor the prisoner may be credited, at the discretion of the superintendent, with a diminution of the sentence not exceeding 5 days. Each such prisoner serving sentence for a felony shall receive time credits as provided in s. 302.11, if applicable.

SB345-SSA2, s. 14 Section 14. 304.02 (3) (d) of the statutes is amended to read:

SB345-SSA2,6,8 304.02 (3) (d) The inmate is not granted a special action release more than 18 months before his or her expected release date under s. 302.11, if applicable.

SB345-SSA2, s. 15 Section 15. 971.11 (6) of the statutes is amended to read:

SB345-SSA2,6,18 971.11 (6) The prisoner shall be delivered into the custody of the sheriff of the county in which the charge is pending for transportation to the court, and the prisoner shall be retained in that custody during all proceedings under this section. The sheriff shall return the prisoner to the prison upon the completion of the proceedings and during any adjournments or continuances and between the preliminary examination and the trial, except that if the department certifies a jail as being suitable to detain the prisoner, he or she may be detained there until the court disposes of the case. The prisoner's existing sentence continues to run and he or she receives time credit under s. 302.11, if applicable, while in custody.

SB345-SSA2, s. 16 Section 16. 978.07 (1) (c) 2. of the statutes is amended to read:

SB345-SSA2,6,25 978.07 (1) (c) 2. Any case record of a felony punishable by a maximum period of imprisonment equal to at least 20 years or a related case, after the mandatory release date established under s. 302.11 (1) or the presumptive mandatory release date established under s. 302.11 (1g), if applicable, of any person convicted of that felony or 20 years after commencement of the action, whichever if that date is later or s. 302.11 does not apply to the person.

SB345-SSA2, s. 17 Section 17. 978.07 (1) (c) 3. of the statutes is amended to read:

SB345-SSA2,7,6 978.07 (1) (c) 3. Except as provided in subds. 1. and 2., any case record of a felony or related case, after the mandatory release date established under s. 302.11 (1) or the presumptive mandatory release date established under s. 302.11 (1g), if applicable, of any person convicted of that felony or 10 years after the commencement of the action, whichever if that date is later or s. 302.11 does not apply to the person.

SB345-SSA2, s. 18 Section 18. Nonstatutory provisions.

SB345-SSA2,7,8 (1) Criminal code study committee.

SB345-SSA2,7,9 (a) In this subsection, "criminal code" means chapters 939 to 951 of the statutes.

SB345-SSA2,7,11 (b) There is established a committee under section 15.01 (3) of the statutes called the criminal code study committee consisting of the following members:

SB345-SSA2,7,12 1. Two judges appointed by the supreme court.

SB345-SSA2,7,13 2.  The majority leader in each house, or his or her designee.

SB345-SSA2,7,14 3.  The minority leader in each house, or his or her designee.

SB345-SSA2,7,16 4.  One faculty member from the law school of the University of Wisconsin-Madison appointed by the governor.

SB345-SSA2,7,18 5.  One faculty member from the law school of Marquette University appointed by the governor.

SB345-SSA2,7,19 6.  The attorney general or his or her designee.

SB345-SSA2,7,20 7.  One current district attorney appointed by the attorney general.

SB345-SSA2,7,21 8.  The state public defender or his or her designee.

SB345-SSA2,7,22 9.  One representative of crime victims appointed by the attorney general.

SB345-SSA2,7,24 10. One member of the criminal law section of the state bar appointed by the governor.

SB345-SSA2,8,2 11.  One representative of law enforcement agencies appointed by the governor.

SB345-SSA2,8,3 12.  Three public members appointed by the governor.

SB345-SSA2,8,4 13.  The secretary of corrections or his or her designee.

SB345-SSA2,8,6 (c)  The governor shall appoint one member of the committee to be chairperson and one member of the committee to be reporter for the committee.

SB345-SSA2,8,9 (d)  The department of administration shall provide staff services to the committee. The department of corrections shall assign a department of corrections attorney to provide legal services to the committee.

SB345-SSA2,8,12 (e)  The committee shall study the classification of criminal offenses in the criminal code and the penalties for all felonies and shall make recommendations concerning all of the following:

SB345-SSA2,8,14 1. Creating a uniform classification system for all felonies, including felonies outside of the criminal code.

SB345-SSA2,8,16 2.  Classifying each felony in a manner that places crimes of similar severity into the same classification.

SB345-SSA2,8,17 3.  Consolidating all felonies into a single criminal code.

SB345-SSA2,8,19 4.  Creating a sentencing commission to promulgate sentencing guidelines for use by judges when imposing sentences for felonies.

SB345-SSA2,8,22 5.  Temporary sentencing guidelines for use by judges when imposing sentences for felonies during the period before the promulgation of sentencing guidelines by a sentencing commission.

SB345-SSA2,8,25 6.  Changing the administrative rules of the department of corrections to ensure that a person who violates a condition of parole is returned to prison promptly and for an appropriate period of time.

SB345-SSA2,9,5 (f)  No later than January 1, 1999, the committee shall submit a report of its findings and recommendations to the legislature in the manner provided under section 13.172 (2) of the statutes. The report shall include any proposed legislation that is necessary to implement the recommendations made by the committee in its report.

SB345-SSA2,9,6 (End)