AB3-ASA1,62,137
(h) An inmate may appeal a court's decision to deny the inmate's petition for
8modification of his or her bifurcated sentence. The state may appeal a court's
9decision to grant an inmate's petition for a modification of the inmate's bifurcated
10sentence. In an appeal under this paragraph, the appellate court may reverse a
11decision granting or denying a petition for modification of a bifurcated sentence only
12if it determines that the sentencing court erroneously exercised its discretion in
13granting or denying the petition.
AB3-ASA1,62,1914
(i) If the program review committee denies an inmate's petition under par. (c),
15the inmate may not file another petition within one year after the date of the program
16review committee's denial. If the program review committee approves an inmate's
17petition for referral to the sentencing court under par. (c) but the sentencing court
18denies the petition, the inmate may not file another petition under par. (c) within one
19year after the date of the court's decision.
AB3-ASA1,63,320
(j) An inmate eligible to seek modification of his or her bifurcated sentence
21under this subsection has a right to be represented by counsel in proceedings under
22this subsection. An inmate, or the department on the inmate's behalf, may apply to
23the state public defender for determination of indigency and appointment of counsel
24under s. 977.05 (4) (jm) before or after the filing of a petition with the program review
25committee under par. (c). If an inmate whose petition has been referred to the court
1under par. (c) is without counsel, the court shall refer the matter to the state public
2defender for determination of indigency and appointment of counsel under s. 977.05
3(4) (jm).
AB3-ASA1, s. 170
4Section
170. 302.114 (3) (a) (intro.) of the statutes is amended to read:
AB3-ASA1,63,115
302.114
(3) (a) (intro.) The warden or superintendent shall keep a record of the
6conduct of each inmate subject to this section, specifying each infraction of the rules.
7If
any an inmate subject to this section
violates an order under s. 973.031 requiring
8him or her to participate in a drug treatment program, violates any regulation of the
9prison or refuses or neglects to perform required or assigned duties, the department
10may extend the extended supervision eligibility date set under s. 973.014 (1g) (a) 1.
11or 2., whichever is applicable, as follows:
AB3-ASA1,63,1613
302.114
(4) All consecutive sentences
imposed for crimes committed on or after
14December 31, 1999, shall be computed as one continuous sentence. An inmate
15subject to this section shall serve any term of extended supervision after serving all
16terms of confinement in prison.
AB3-ASA1, s. 172
17Section
172. 302.114 (5) (f) of the statutes is amended to read:
AB3-ASA1,63,2218
302.114
(5) (f) An inmate may appeal an order denying his or her petition for
19release to extended supervision. In an appeal under this paragraph, the appellate
20court may reverse an order denying a petition for release to extended supervision
21only if it determines that the sentencing court
improperly erroneously exercised its
22discretion in denying the petition for release to extended supervision.
AB3-ASA1, s. 173
23Section
173. 302.114 (6) (b) of the statutes is amended to read:
AB3-ASA1,64,324
302.114
(6) (b) If an inmate petitions a court under sub. (5) or (9)
(b) (bm) for
25release to extended supervision under this section, the clerk of the circuit court in
1which the petition is filed shall send a copy of the petition and, if a hearing is
2scheduled, a notice of hearing to the victim of the crime committed by the inmate, if
3the victim has submitted a card under par. (e) requesting notification.
AB3-ASA1, s. 174
4Section
174. 302.114 (6) (c) of the statutes is amended to read:
AB3-ASA1,64,85
302.114
(6) (c) The notice under par. (b) shall inform the victim that he or she
6may appear at the hearing under sub. (5) or (9)
(b)
(bm), if a hearing is scheduled,
7and shall inform the victim of the manner in which he or she may provide written
8statements concerning the inmate's petition for release to extended supervision.
AB3-ASA1,64,1410
302.114
(8m) (a) Every person released to extended supervision under this
11section remains in the legal custody of the department. If the department alleges
12that any condition or rule of extended supervision has been violated by the person,
13the department may take physical custody of the person for the investigation of the
14alleged violation.
AB3-ASA1,64,2315
(b) If a person released to extended supervision under this section signs a
16statement admitting a violation of a condition or rule of extended supervision, the
17department may, as a sanction for the violation, confine the person for up to 90 days
18in a regional detention facility or, with the approval of the sheriff, in a county jail.
19If the department confines the person in a county jail under this paragraph, the
20department shall reimburse the county for its actual costs in confining the person
21from the appropriations under s. 20.410 (1) (ab) and (b). Notwithstanding s. 302.43,
22the person is not eligible to earn good time credit on any period of confinement
23imposed under this subsection.
AB3-ASA1, s. 176
24Section
176. 302.114 (9) (a) of the statutes is renumbered 302.114 (9) (am) and
25amended to read:
AB3-ASA1,65,13
1302.114
(9) (am) If a person released to extended supervision under this section
2violates a condition of extended supervision, the
division of hearings and appeals in
3the department of administration, upon proper notice and hearing, or the
4department of corrections, if the person on extended supervision waives a hearing, 5reviewing authority may revoke the extended supervision of the person
and return
6the person to prison. If
the extended supervision of the person is
revoked, the person
7shall be returned to the circuit court for the county in which the person was convicted
8of the offense for which he or she was on extended supervision, and the court shall
9order the person to be returned to prison
, he or she shall be returned to prison for a
10specified period of time
, as provided under par. (b)
before he or she is eligible for being
11released again to extended supervision. The period of time specified under this
12paragraph may not be less than 5 years and may be extended in accordance with sub.
13(3).
AB3-ASA1, s. 177
14Section
177. 302.114 (9) (ag) of the statutes is created to read:
AB3-ASA1,65,1615
302.114
(9) (ag) In this subsection "reviewing authority" has the meaning given
16in s. 302.113 (9) (ag).
AB3-ASA1, s. 178
17Section
178. 302.114 (9) (b) of the statutes is amended to read:
AB3-ASA1,66,218
302.114
(9) (b)
If When a person is returned to
prison court under par.
(a) (am) 19after revocation of extended supervision, the
department of corrections in the case
20of a waiver or the division of hearings and appeals in the department of
21administration in the case of a hearing under par. (a) reviewing authority shall
22specify a make a recommendation to the court concerning the period of time for which
23the person
shall be incarcerated should be returned to prison before being eligible for
24release to extended supervision. The period of time
specified recommended under
1this paragraph may not be less than 5 years
and may be extended in accordance with
2sub. (3).
AB3-ASA1, s. 179
3Section
179. 302.114 (9) (bm) of the statutes is amended to read:
AB3-ASA1,66,144
302.114
(9) (bm) A person who is returned to prison under par.
(a) (am) after
5revocation of extended supervision may, upon petition to the sentencing court, be
6released to extended supervision after he or she has served the entire period of time
7specified
in by the court under par.
(b) (am), including any periods of extension
8imposed under sub. (3). A person may not file a petition under this paragraph earlier
9than 90 days before the date on which he or she is eligible to be released to extended
10supervision. If a person files a petition for release to extended supervision under this
11paragraph at any time earlier than 90 days before the date on which he or she is
12eligible to be released to extended supervision, the court shall deny the petition
13without a hearing. The procedures specified in sub. (5) (am) to (f) apply to a petition
14filed under this paragraph.
AB3-ASA1, s. 180
15Section
180. 302.114 (9) (c) of the statutes is amended to read:
AB3-ASA1,66,1816
302.114
(9) (c) A person who is subsequently released to extended supervision
17under par.
(b) (bm) is subject to all conditions and rules under sub. (8) until the
18expiration of the sentence.
AB3-ASA1, s. 181
19Section
181. 302.114 (9) (d) of the statutes is created to read:
AB3-ASA1,66,2320
302.114
(9) (d) If a hearing is to be held under par. (am) before the division of
21hearings and appeals in the department of administration, the hearing examiner
22may order the taking and allow the use of a videotaped deposition under s. 967.04
23(7) to (10).
AB3-ASA1, s. 182
24Section
182. 302.114 (9) (e) of the statutes is created to read:
AB3-ASA1,67,4
1302.114
(9) (e) A reviewing authority may consolidate proceedings before it
2under par. (am) with other proceedings before that reviewing authority under par.
3(am) or s. 302.11 (7) (am) or 302.113 (9) (am) if all of the proceedings relate to the
4parole or extended supervision of the same person.
AB3-ASA1, s. 183
5Section
183. 302.114 (9) (f) of the statutes is created to read:
AB3-ASA1,67,116
302.114
(9) (f) In any case in which there is a hearing before the division of
7hearings and appeals in the department of administration concerning whether to
8revoke a person's extended supervision, the person on extended supervision may
9seek review of a decision to revoke extended supervision and the department of
10corrections may seek review of a decision to not revoke extended supervision. Review
11of a decision under this paragraph may be sought only by an action for certiorari.
AB3-ASA1,67,2013
302.33
(1) The maintenance of persons who have been sentenced to the state
14penal institutions; persons in the custody of the department, except as provided in
15sub. (2) and
s. ss. 301.048 (7)
, 302.113 (8m), and 302.114 (8m); persons accused of
16crime and committed for trial; persons committed for the nonpayment of fines and
17expenses; and persons sentenced to imprisonment therein, while in the county jail,
18shall be paid out of the county treasury. No claim may be allowed to any sheriff for
19keeping or boarding any person in the county jail unless the person was lawfully
20detained therein.
AB3-ASA1,68,9
22302.43 Good time. Every inmate of a county jail is eligible to earn good time
23in the amount of one-fourth of his or her term for good behavior if sentenced to at
24least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit
25for time served prior to sentencing under s. 973.155, including good time under s.
1973.155 (4). An inmate who
violates an order under s. 973.031 requiring him or her
2to participate in a drug treatment program, violates any law or any regulation of the
3jail, or neglects or refuses to perform any duty lawfully required of him or her, may
4be deprived by the sheriff of good time under this section, except that the sheriff shall
5not deprive the inmate of more than 2 days good time for any one offense without the
6approval of the court. An inmate who files an action or special proceeding, including
7a petition for a common law writ of certiorari, to which s. 807.15 applies shall be
8deprived of the number of days of good time specified in the court order prepared
9under s. 807.15 (3).
AB3-ASA1, s. 186
10Section
186. 303.065 (1) (b) 1. of the statutes is amended to read:
AB3-ASA1,68,1511
303.065
(1) (b) 1. A person serving a life sentence, other than a life sentence
12specified in subd. 2., may be considered for work release only after he or she has
13reached parole eligibility under s. 304.06 (1) (b) or 973.014 (1) (a) or (b), whichever
14is applicable, or he or she has reached his or her extended supervision eligibility date
15under s. 302.114 (9)
(b) (a) or 973.014 (1g) (a) 1. or 2., whichever is applicable.
AB3-ASA1, s. 187
16Section
187. 303.08 (1) (intro.) of the statutes is amended to read:
AB3-ASA1,68,2017
303.08
(1) (intro.) Any person sentenced to a county jail for crime, nonpayment
18of a fine or forfeiture, or contempt of court
, or subject to a confinement sanction under
19s. 302.113 (8m) or 302.114 (8m) may be granted the privilege of leaving the jail during
20necessary and reasonable hours for any of the following purposes:
AB3-ASA1,69,322
303.08
(2) Unless such privilege is expressly granted by the court
or, in the case
23of a person subject to a confinement sanction under s. 302.113 (8m) or 302.114 (8m),
24the department, the
prisoner person is sentenced to ordinary confinement.
The A 25prisoner
, other than a person subject to a confinement sanction under s. 302.113 (8m)
1or 302.114 (8m), may petition the court for such privilege at the time of sentence or
2thereafter, and in the discretion of the court may renew the prisoner's petition. The
3court may withdraw the privilege at any time by order entered with or without notice.
AB3-ASA1, s. 189
4Section
189. 303.08 (5) (intro.) of the statutes is amended to read:
AB3-ASA1,69,95
303.08
(5) (intro.) By order of the court
or, for a person subject to a confinement
6sanction under s. 302.113 (8m) or 302.114 (8m), by order of the department, the
7wages, salary and unemployment insurance and employment training benefits
8received by prisoners shall be disbursed by the sheriff for the following purposes, in
9the order stated:
AB3-ASA1,69,1611
303.08
(6) The
department, for a person subject to a confinement sanction
12under s. 302.113 (8m) or 302.114 (8m), or the sentencing court
may, by order
, may 13authorize the sheriff to whom the prisoner is committed to arrange with another
14sheriff for the employment or employment training of the prisoner in the other's
15county, and while so employed or trained to be in the other's custody but in other
16respects to be and continue subject to the commitment.
AB3-ASA1,69,2218
303.08
(12) In counties having a house of correction, any person violating the
19privilege granted under sub. (1) may be transferred by the county jailer to the house
20of correction for the remainder of the term of the person's sentence
or, if applicable,
21the remainder of the person's confinement sanction under s. 302.113 (8m) or 302.114
22(8m).
AB3-ASA1, s. 192
23Section
192. 304.06 (1) (b) of the statutes is amended to read:
AB3-ASA1,70,1324
304.06
(1) (b) Except as provided in
s. 961.49 (2), 1999 stats., sub. (1m) or s.
25302.045 (3),
961.49 (2), 973.01 (6) or 973.0135, the parole commission may parole an
1inmate of the Wisconsin state prisons or any felon or any person serving at least one
2year or more in a county house of correction or a county reforestation camp organized
3under s. 303.07, when he or she has served 25% of the sentence imposed for the
4offense, or 6 months, whichever is greater. Except as provided in s. 939.62 (2m) (c)
5or 973.014 (1) (b) or (c), (1g) or (2), the parole commission may parole an inmate
6serving a life term when he or she has served 20 years, as modified by the formula
7under s. 302.11 (1) and subject to extension under s. 302.11 (1q) and (2), if applicable.
8The person serving the life term shall be given credit for time served prior to
9sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary
10may grant special action parole releases under s. 304.02. The department or the
11parole commission shall not provide any convicted offender or other person
12sentenced to the department's custody any parole eligibility or evaluation until the
13person has been confined at least 60 days following sentencing.
AB3-ASA1,70,1715
304.071
(2) If a prisoner is not eligible for parole under
s. 961.49 (2), 1999 stats.,
16or s. 939.62 (2m) (c),
961.49 (2), 973.01 (6), 973.014 (1) (c) or (1g) or 973.032 (5), he
17or she is not eligible for parole under this section.
AB3-ASA1,71,319
304.11
(3) If upon inquiry it further appears to the governor that the convicted
20person has violated or failed to comply with any of those conditions, the governor may
21issue his or her warrant remanding the person to the institution from which
22discharged, and the person shall be confined and treated as though no pardon had
23been granted, except that the person loses any applicable good time which he or she
24had earned. If the person is returned to prison, the person is subject to the same
25limitations as a revoked parolee under s. 302.11 (7). The department shall determine
1the period of incarceration under s. 302.11 (7)
(a) (am). If the governor determines
2the person has not violated or failed to comply with the conditions, the person shall
3be discharged subject to the conditional pardon.
AB3-ASA1,71,75
341.605
(3) Whoever violates sub. (1) or (2)
may be fined not more than $5,000
6or imprisoned for not more than 7 years and 6 months, or both, for each violation is
7guilty of a Class H felony.
AB3-ASA1,71,119
342.06
(2) Any person who knowingly makes a false statement in an
10application for a certificate of title
may be fined not more than $5,000 or imprisoned
11not more than 7 years and 6 months or both is guilty of a Class H felony.
AB3-ASA1, s. 197
12Section
197. 342.065 (4) (b) of the statutes is amended to read:
AB3-ASA1,71,1513
342.065
(4) (b) Any person who violates sub. (1) with intent to defraud
may be
14fined not more than $5,000 or imprisoned for not more than 7 years and 6 months
15or both is guilty of a Class H felony.
AB3-ASA1, s. 198
16Section
198. 342.155 (4) (b) of the statutes is amended to read:
AB3-ASA1,71,1917
342.155
(4) (b) Any person who violates this section with intent to defraud may
18be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months
19or both
is guilty of Class H felony.
AB3-ASA1, s. 199
20Section
199. 342.156 (6) (b) of the statutes is amended to read:
AB3-ASA1,71,2321
342.156
(6) (b) Any person who violates this section with intent to defraud
may
22be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months
23or both is guilty of a Class H felony.
AB3-ASA1, s. 200
24Section
200. 342.30 (3) (a) of the statutes is amended to read:
AB3-ASA1,72,3
1342.30
(3) (a) Any person who violates sub. (1g)
may be fined not more than
2$5,000 or imprisoned for not more than 7 years and 6 months or both
is guilty of a
3Class H felony.
AB3-ASA1,72,75
342.32
(3) Whoever violates sub. (1) or (2)
may be fined not more than $5,000
6or imprisoned for not more than 7 years and 6 months, or both, for each violation is
7guilty of a Class H felony.
AB3-ASA1, s. 202
8Section
202. 343.31 (1) (i) of the statutes is amended to read:
AB3-ASA1,72,109
343.31
(1) (i) Knowingly fleeing or attempting to elude a traffic officer
under
10s. 346.04 (3).
AB3-ASA1, s. 203
11Section
203. 343.31 (3) (d) (intro.) of the statutes is amended to read:
AB3-ASA1,72,1412
343.31
(3) (d) (intro.) Any person convicted of knowingly fleeing or attempting
13to elude a traffic officer
under s. 346.04 (3) shall have his or her operating privilege
14revoked as follows:
AB3-ASA1,72,1716
344.48
(2) Any person violating this section may be fined not more than
$1,000 17$10,000 or imprisoned for not more than
2 years 9 months or both.
AB3-ASA1,72,2219
346.04
(2t) No operator of a vehicle, after having received a visible or audible
20signal to stop his or her vehicle from a traffic officer or marked police vehicle, shall
21knowingly resist the traffic officer by failing to stop his or her vehicle as promptly as
22safety reasonably permits.
AB3-ASA1,73,3
1346.04
(4) Subsection (2t) is not an included offense of sub. (3), but a person may
2not be convicted of violating both subs. (2t) and (3) for acts arising out of the same
3incident or occurrence.
AB3-ASA1,73,65
346.17
(2t) Any person violating s. 346.04 (2t) may be fined not more than
6$10,000 or imprisoned for not more than 9 months or both.
AB3-ASA1, s. 208
7Section
208. 346.17 (3) (a) of the statutes is amended to read:
AB3-ASA1,73,108
346.17
(3) (a) Except as provided in par. (b), (c) or (d), any person violating s.
9346.04 (3)
shall be fined not less than $600 nor more than $10,000 and may be
10imprisoned for not more than 3 years is guilty of a Class I felony.
AB3-ASA1, s. 209
11Section
209. 346.17 (3) (b) of the statutes is amended to read:
AB3-ASA1,73,1512
346.17
(3) (b) If the violation results in bodily harm, as defined in s. 939.22 (4),
13to another, or causes damage to the property of another, as defined in s. 939.22 (28),
14the person
shall be fined not less than $1,000 nor more than $10,000 and may be
15imprisoned for not more than 3 years is guilty of a Class H felony.
AB3-ASA1, s. 210
16Section
210. 346.17 (3) (c) of the statutes is amended to read:
AB3-ASA1,73,1917
346.17
(3) (c) If the violation results in great bodily harm, as defined in s. 939.22
18(14), to another, the person
shall be fined not less than $1,100 nor more than $10,000
19and may be imprisoned for not more than 3 years is guilty of a Class F felony.
AB3-ASA1, s. 211
20Section
211. 346.17 (3) (d) of the statutes is amended to read:
AB3-ASA1,73,2321
346.17
(3) (d) If the violation results in the death of another, the person
shall
22be fined not less than $1,100 nor more than $10,000 and may be imprisoned for not
23more than 7 years and 6 months is guilty of a Class E felony.
AB3-ASA1, s. 212
24Section
212. 346.175 (1) (a) of the statutes is amended to read: