Amendment JR2 ASA1-AB1

AB1-ASA1,204,3 302.114 (9) (b) If When a person is returned to prison court under par. (a) (am) after revocation of extended supervision, the department of corrections in the case of a waiver or the division of hearings and appeals in the department of administration in the case of a hearing under par. (a) reviewing authority shall specify a make a recommendation to the court concerning the period of time for which the person shall be incarcerated should be returned to prison before being eligible for release to extended supervision. The period of time specified recommended under this paragraph may not be less than 5 years and may be extended in accordance with sub. (3).

AB1-ASA1, s. 415 Section 415. 302.114 (9) (bm) of the statutes is amended to read:

AB1-ASA1,204,15 302.114 (9) (bm) A person who is returned to prison under par. (a) (am) after revocation of extended supervision may, upon petition to the sentencing court, be released to extended supervision after he or she has served the entire period of time specified in by the court under par. (b) (am), including any periods of extension imposed under sub. (3). A person may not file a petition under this paragraph earlier than 90 days before the date on which he or she is eligible to be released to extended supervision. If a person files a petition for release to extended supervision under this paragraph at any time earlier than 90 days before the date on which he or she is eligible to be released to extended supervision, the court shall deny the petition without a hearing. The procedures specified in sub. (5) (am) to (f) apply to a petition filed under this paragraph.

AB1-ASA1, s. 416 Section 416. 302.114 (9) (c) of the statutes is amended to read:

AB1-ASA1,204,19 302.114 (9) (c) A person who is subsequently released to extended supervision under par. (b) (bm) is subject to all conditions and rules under sub. (8) until the expiration of the sentence.

AB1-ASA1, s. 417 Section 417. 302.114 (9) (d) of the statutes is created to read:

AB1-ASA1,204,24 302.114 (9) (d) If a hearing is to be held under par. (am) before the division of hearings and appeals in the department of administration, the hearing examiner may order the taking and allow the use of a videotaped deposition under s. 967.04 (7) to (10).

AB1-ASA1, s. 418 Section 418. 302.114 (9) (e) of the statutes is created to read:

AB1-ASA1,205,4 302.114 (9) (e) A reviewing authority may consolidate proceedings before it under par. (am) with other proceedings before that reviewing authority under par. (am) or s. 302.11 (7) (am) or 302.113 (9) (am) if all of the proceedings relate to the parole or extended supervision of the same person.

AB1-ASA1, s. 419 Section 419. 302.114 (9) (f) of the statutes is created to read:

AB1-ASA1,205,11 302.114 (9) (f) In any case in which there is a hearing before the division of hearings and appeals in the department of administration concerning whether to revoke a person's extended supervision, the person on extended supervision may seek review of a decision to revoke extended supervision and the department of corrections may seek review of a decision to not revoke extended supervision. Review of a decision under this paragraph may be sought only by an action for certiorari.

AB1-ASA1, s. 420 Section 420. 302.33 (1) of the statutes is amended to read:

AB1-ASA1,205,20 302.33 (1) The maintenance of persons who have been sentenced to the state penal institutions; persons in the custody of the department, except as provided in sub. (2) and s. ss. 301.048 (7), 302.113 (8m), and 302.114 (8m); persons accused of crime and committed for trial; persons committed for the nonpayment of fines and expenses; and persons sentenced to imprisonment therein, while in the county jail, shall be paid out of the county treasury. No claim may be allowed to any sheriff for keeping or boarding any person in the county jail unless the person was lawfully detained therein.

AB1-ASA1, s. 421 Section 421. 303.063 of the statutes is repealed.

AB1-ASA1, s. 422 Section 422. 303.065 (1) (b) 1. of the statutes is amended to read:

AB1-ASA1,206,2 303.065 (1) (b) 1. A person serving a life sentence, other than a life sentence specified in subd. 2., may be considered for work release only after he or she has reached parole eligibility under s. 304.06 (1) (b) or 973.014 (1) (a) or (b), whichever is applicable, or he or she has reached his or her extended supervision eligibility date under s. 302.114 (9) (b) (a) or 973.014 (1g) (a) 1. or 2., whichever is applicable.

AB1-ASA1, s. 423 Section 423. 303.08 (1) (intro.) of the statutes is amended to read:

AB1-ASA1,206,7 303.08 (1) (intro.) Any person sentenced to a county jail for crime, nonpayment of a fine or forfeiture, or contempt of court, or subject to a confinement sanction under s. 302.113 (8m) or 302.114 (8m) may be granted the privilege of leaving the jail during necessary and reasonable hours for any of the following purposes:

AB1-ASA1, s. 424 Section 424. 303.08 (2) of the statutes is amended to read:

AB1-ASA1,206,15 303.08 (2) Unless such privilege is expressly granted by the court or, in the case of a person subject to a confinement sanction under s. 302.113 (8m) or 302.114 (8m), the department, the prisoner person is sentenced to ordinary confinement. The A prisoner, other than a person subject to a confinement sanction under s. 302.113 (8m) or 302.114 (8m), may petition the court for such privilege at the time of sentence or thereafter, and in the discretion of the court may renew the prisoner's petition. The court may withdraw the privilege at any time by order entered with or without notice.

AB1-ASA1, s. 425 Section 425. 303.08 (5) (intro.) of the statutes is amended to read:

AB1-ASA1,206,21 303.08 (5) (intro.) By order of the court or, for a person subject to a confinement sanction under s. 302.113 (8m) or 302.114 (8m), by order of the department, the wages, salary and unemployment insurance and employment training benefits received by prisoners shall be disbursed by the sheriff for the following purposes, in the order stated:

AB1-ASA1, s. 426 Section 426. 303.08 (6) of the statutes is amended to read:

AB1-ASA1,207,3 303.08 (6) The department, for a person subject to a confinement sanction under s. 302.113 (8m) or 302.114 (8m), or the sentencing court may, by order, may authorize the sheriff to whom the prisoner is committed to arrange with another sheriff for the employment or employment training of the prisoner in the other's county, and while so employed or trained to be in the other's custody but in other respects to be and continue subject to the commitment.

AB1-ASA1, s. 427 Section 427. 303.08 (12) of the statutes is amended to read:

AB1-ASA1,207,9 303.08 (12) In counties having a house of correction, any person violating the privilege granted under sub. (1) may be transferred by the county jailer to the house of correction for the remainder of the term of the person's sentence or, if applicable, the remainder of the person's confinement sanction under s. 302.113 (8m) or 302.114 (8m).

AB1-ASA1, s. 428 Section 428. 303.21 (1) (b) of the statutes is amended to read:

AB1-ASA1,207,19 303.21 (1) (b) Inmates are included under par. (a) if they are participating in a structured work program away from the institution grounds under s. 302.15 or a secure work program under s. 303.063. Inmates are not included under par. (a) if they are employed in a prison industry under s. 303.06 (2), participating in a work release program under s. 303.065 (2), participating in employment with a private business under s. 303.01 (2) (em) or participating in the transitional employment program, but they are eligible for worker's compensation benefits under ch. 102. Residents subject to s. 303.01 (1) (b) are not included under par. (a) but they are eligible for worker's compensation benefits under ch. 102.

AB1-ASA1, s. 429 Section 429. 304.06 (1) (b) of the statutes is amended to read:

AB1-ASA1,208,10 304.06 (1) (b) Except as provided in s. 961.49 (2), 1999 stats., sub. (1m) or s. 302.045 (3), 961.49 (2), 973.01 (6) or 973.0135, the parole commission may parole an inmate of the Wisconsin state prisons or any felon or any person serving at least one year or more in a county house of correction or a county reforestation camp organized under s. 303.07, when he or she has served 25% of the sentence imposed for the offense, or 6 months, whichever is greater. Except as provided in s. 939.62 (2m) (c) or 973.014 (1) (b) or (c), (1g) or (2), the parole commission may parole an inmate serving a life term when he or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject to extension under s. 302.11 (1q) and (2), if applicable. The person serving the life term shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary may grant special action parole releases under s. 304.02. The department or the parole commission shall not provide any convicted offender or other person sentenced to the department's custody any parole eligibility or evaluation until the person has been confined at least 60 days following sentencing.

AB1-ASA1, s. 431 Section 431. 304.071 (2) of the statutes is amended to read:

AB1-ASA1,208,14 304.071 (2) If a prisoner is not eligible for parole under s. 961.49 (2), 1999 stats., or s. 939.62 (2m) (c), 961.49 (2), 973.01 (6), 973.014 (1) (c) or (1g) or 973.032 (5), he or she is not eligible for parole under this section.

AB1-ASA1, s. 431g Section 431g. 304.073 (2) of the statutes is amended to read:

AB1-ASA1,208,23 304.073 (2) Beginning on January 1, 1996, the The department shall charge a fee to any probationer, parolee, or person on extended supervision who is under minimum or administrative supervision and is supervised by the department. The fee does not apply if the person is supervised by a vendor under s. 301.08 (1) (c). The department shall set the fee sufficient to cover the cost of supervision and may set varying rates, on a case-by-case basis, based on the person's supervision level. The department shall collect moneys for the fee charged under this subsection and credit those moneys to the appropriation account under s. 20.410 (1) (ge).

AB1-ASA1, s. 431k Section 431k. 304.074 (2) of the statutes is amended to read:

AB1-ASA1,209,11 304.074 (2) Beginning on January 1, 1996, the The department shall charge a fee to probationers, parolees, and persons on extended supervision to partially reimburse the department for the costs of providing supervision and services. The department shall set varying rates for probationers, parolees, or persons on extended supervision based on ability to pay and may set varying rates, on a case-by-case basis, based on the person's supervision level, with the goal of receiving at least $1 per day, if appropriate, from each probationer, parolee, and person on extended supervision. The department shall not charge a fee while the probationer, parolee, or person on extended supervision is exempt under sub. (3). The department shall collect moneys for the fees charged under this subsection and credit those moneys to the appropriation account under s. 20.410 (1) (gf).

AB1-ASA1, s. 432 Section 432. 304.11 (3) of the statutes is amended to read:

AB1-ASA1,209,22 304.11 (3) If upon inquiry it further appears to the governor that the convicted person has violated or failed to comply with any of those conditions, the governor may issue his or her warrant remanding the person to the institution from which discharged, and the person shall be confined and treated as though no pardon had been granted, except that the person loses any applicable good time which he or she had earned. If the person is returned to prison, the person is subject to the same limitations as a revoked parolee under s. 302.11 (7). The department shall determine the period of incarceration under s. 302.11 (7) (a) (am). If the governor determines the person has not violated or failed to comply with the conditions, the person shall be discharged subject to the conditional pardon.

AB1-ASA1, s. 433 Section 433. 341.605 (3) of the statutes is amended to read:

AB1-ASA1,210,3 341.605 (3) Whoever violates sub. (1) or (2) may be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months, or both, for each violation is guilty of a Class H felony.

AB1-ASA1, s. 434 Section 434. 342.06 (2) of the statutes is amended to read:

AB1-ASA1,210,7 342.06 (2) Any person who knowingly makes a false statement in an application for a certificate of title may be fined not more than $5,000 or imprisoned not more than 7 years and 6 months or both is guilty of a Class H felony.

AB1-ASA1, s. 435 Section 435. 342.065 (4) (b) of the statutes is amended to read:

AB1-ASA1,210,11 342.065 (4) (b) Any person who violates sub. (1) with intent to defraud may be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

AB1-ASA1, s. 436 Section 436. 342.155 (4) (b) of the statutes is amended to read:

AB1-ASA1,210,15 342.155 (4) (b) Any person who violates this section with intent to defraud may be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months or both is guilty of Class H felony.

AB1-ASA1, s. 437 Section 437. 342.156 (6) (b) of the statutes is amended to read:

AB1-ASA1,210,19 342.156 (6) (b) Any person who violates this section with intent to defraud may be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

AB1-ASA1, s. 438 Section 438. 342.30 (3) (a) of the statutes is amended to read:

AB1-ASA1,210,23 342.30 (3) (a) Any person who violates sub. (1g) may be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

AB1-ASA1, s. 439 Section 439. 342.32 (3) of the statutes is amended to read:

AB1-ASA1,211,3 342.32 (3) Whoever violates sub. (1) or (2) may be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months, or both, for each violation is guilty of a Class H felony.

AB1-ASA1, s. 440 Section 440. 343.31 (1) (i) of the statutes is amended to read:

AB1-ASA1,211,6 343.31 (1) (i) Knowingly fleeing or attempting to elude a traffic officer under s. 346.04 (3).

AB1-ASA1, s. 441 Section 441. 343.31 (3) (d) (intro.) of the statutes is amended to read:

AB1-ASA1,211,10 343.31 (3) (d) (intro.) Any person convicted of knowingly fleeing or attempting to elude a traffic officer under s. 346.04 (3) shall have his or her operating privilege revoked as follows:

AB1-ASA1, s. 442 Section 442. 344.48 (2) of the statutes is amended to read:

AB1-ASA1,211,13 344.48 (2) Any person violating this section may be fined not more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both.

AB1-ASA1, s. 443 Section 443. 346.04 (2t) of the statutes is created to read:

AB1-ASA1,211,18 346.04 (2t) No operator of a vehicle, after having received a visible or audible signal to stop his or her vehicle from a traffic officer or marked police vehicle, shall knowingly resist the traffic officer by failing to stop his or her vehicle as promptly as safety reasonably permits.

AB1-ASA1, s. 444 Section 444. 346.04 (4) of the statutes is created to read:

AB1-ASA1,211,22 346.04 (4) Subsection (2t) is not an included offense of sub. (3), but a person may not be convicted of violating both subs. (2t) and (3) for acts arising out of the same incident or occurrence.

AB1-ASA1, s. 445 Section 445. 346.17 (2t) of the statutes is created to read:

AB1-ASA1,211,25 346.17 (2t) Any person violating s. 346.04 (2t) may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

AB1-ASA1, s. 446 Section 446. 346.17 (3) (a) of the statutes is amended to read:

AB1-ASA1,212,4 346.17 (3) (a) Except as provided in par. (b), (c) or (d), any person violating s. 346.04 (3) shall be fined not less than $600 nor more than $10,000 and may be imprisoned for not more than 3 years is guilty of a Class I felony.

AB1-ASA1, s. 447 Section 447. 346.17 (3) (b) of the statutes is amended to read:

AB1-ASA1,212,9 346.17 (3) (b) If the violation results in bodily harm, as defined in s. 939.22 (4), to another, or causes damage to the property of another, as defined in s. 939.22 (28), the person shall be fined not less than $1,000 nor more than $10,000 and may be imprisoned for not more than 3 years is guilty of a Class H felony.

AB1-ASA1, s. 448 Section 448. 346.17 (3) (c) of the statutes is amended to read:

AB1-ASA1,212,13 346.17 (3) (c) If the violation results in great bodily harm, as defined in s. 939.22 (14), to another, the person shall be fined not less than $1,100 nor more than $10,000 and may be imprisoned for not more than 3 years is guilty of a Class F felony.

AB1-ASA1, s. 449 Section 449. 346.17 (3) (d) of the statutes is amended to read:

AB1-ASA1,212,17 346.17 (3) (d) If the violation results in the death of another, the person shall be fined not less than $1,100 nor more than $10,000 and may be imprisoned for not more than 7 years and 6 months is guilty of a Class E felony.

AB1-ASA1, s. 450 Section 450. 346.175 (1) (a) of the statutes is amended to read:

AB1-ASA1,212,21 346.175 (1) (a) Subject to s. 346.01 (2), the owner of a vehicle involved in a violation of s. 346.04 (2t) or (3) for fleeing a traffic officer shall be presumed liable for the violation as provided in this section.

AB1-ASA1, s. 451 Section 451. 346.175 (1) (b) of the statutes is amended to read:

AB1-ASA1,213,2 346.175 (1) (b) Notwithstanding par. (a), no owner of a vehicle involved in a violation of s. 346.04 (2t) or (3) for fleeing a traffic officer may be convicted under this section if the person operating the vehicle or having the vehicle under his or her control at the time of the violation has been convicted for the violation under this section or under s. 346.04 (2t) or (3).

AB1-ASA1, s. 452 Section 452. 346.175 (4) (b) of the statutes is amended to read:

AB1-ASA1,213,10 346.175 (4) (b) If the owner of the vehicle provides a traffic officer employed by the authority issuing the citation with the name and address of the person operating the vehicle or having the vehicle under his or her control at the time of the violation and sufficient information for the officer to determine that probable cause does not exist to believe that the owner of the vehicle was operating the vehicle at the time of the violation, then the owner of the vehicle shall not be liable under this section or under s. 346.04 (2t) or (3).

AB1-ASA1, s. 453 Section 453. 346.175 (4) (c) of the statutes is amended to read:

AB1-ASA1,213,16 346.175 (4) (c) If the vehicle is owned by a lessor of vehicles and at the time of the violation the vehicle was in the possession of a lessee, and the lessor provides a traffic officer employed by the authority issuing the citation with the information required under s. 343.46 (3), then the lessee and not the lessor shall be liable under this section or under s. 346.04 (2t) or (3).

AB1-ASA1, s. 454 Section 454. 346.175 (4) (d) of the statutes is amended to read:

AB1-ASA1,213,24 346.175 (4) (d) If the vehicle is owned by a dealer, as defined in s. 340.01 (11) (intro.) but including the persons specified in s. 340.01 (11) (a) to (d), and at the time of the violation the vehicle was being operated by or was under the control of any person on a trial run, and if the dealer provides a traffic officer employed by the authority issuing the citation with the name, address and operator's license number of the person operating the vehicle, then that person, and not the dealer, shall be liable under this section or under s. 346.04 (2t) or (3).

AB1-ASA1, s. 455 Section 455. 346.175 (5) (intro.) of the statutes is amended to read:

AB1-ASA1,214,2 346.175 (5) (intro.) Notwithstanding the penalty otherwise specified under s. 346.17 (2t) or (3) for a violation of s. 346.04 (2t) or (3):

AB1-ASA1, s. 456 Section 456. 346.175 (5) (a) of the statutes is amended to read:

AB1-ASA1,214,6 346.175 (5) (a) A vehicle owner or other person found liable under this section for a violation of s. 346.04 (2t) or (3) shall be required to forfeit not less than $300 nor more than $1,000.

AB1-ASA1, s. 457 Section 457. 346.65 (2) (e) of the statutes is amended to read:

AB1-ASA1,214,14 346.65 (2) (e) Except as provided in pars. (f) and (g), is guilty of a Class H felony and shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 6 months nor more than 5 years if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations and other convictions counted under s. 343.307 (1), equals 5 or more, except that suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one.

AB1-ASA1, s. 458 Section 458. 346.65 (5) of the statutes is amended to read: