Amendment ASA1-SB55

SB55-ASA1, s. 3352m Section 3352m. 301.295 of the statutes is created to read:

SB55-ASA1,1077,7 301.295 Recruitment of department employees. The department may not use billboards or similar structures to recruit its employees.

SB55-ASA1, s. 3353m Section 3353m. 302.01 of the statutes is amended to read:

SB55-ASA1,1078,7 302.01 State prisons named and defined. The penitentiary at Waupun is named "Waupun Correctional Institution".." The correctional treatment center at Waupun is named "Dodge Correctional Institution". ." The penitentiary at Green Bay is named "Green Bay Correctional Institution".." The medium/maximum penitentiary at Portage is named "Columbia Correctional Institution". The medium security institution at Oshkosh is named "Oshkosh Correctional Institution".." The medium security penitentiary near Fox Lake is named "Fox Lake Correctional Institution".." The penitentiary at Taycheedah is named "Taycheedah Correctional Institution".." The medium security penitentiary at Plymouth is named "Kettle Moraine Correctional Institution".." The penitentiary at the village of Sturtevant in Racine county is named "Racine Correctional Institution".." The medium security correctional institution near Black River Falls is named "Jackson Correctional Institution." The medium security penitentiary at Racine is named "Racine Youthful Offender Correctional Facility".." The resource facility at Oshkosh is named "Wisconsin Resource Center".." The institutions named in this section, the medium security correctional institutions at Redgranite and New Lisbon, the correctional institutions authorized under s. 301.16 (1n) and (1v), correctional institution authorized under 1997 Wisconsin Act 4, section 4 (1) (a), correctional institution authorized under s. 301.046 (1), correctional institution authorized under s. 301.048 (4) (b), the correctional institution at Stanley authorized under 2001 Wisconsin Act .... (this act), section 9107 (1) (b), minimum security correctional institutions authorized under s. 301.13, the probation and parole holding facilities authorized under s. 301.16 (1q), and state-local shared correctional facilities when established under s. 301.14, are state prisons.

SB55-ASA1, s. 1695 Section 1695. 302.045 (3) of the statutes is amended to read:

SB55-ASA1,1078,16 302.045 (3) Parole eligibility. Except as provided in sub. (4), if the department determines that an inmate serving a sentence other than one imposed under s. 973.01 has successfully completed the challenge incarceration program, the parole commission shall parole the inmate for that sentence 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.

SB55-ASA1, s. 3354g Section 3354g. 302.11 (1) of the statutes is amended to read:

SB55-ASA1,1078,23 302.11 (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), (1q), (1z), (4m), (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. (1q) (b) or (2) (b) resulting in fractions of a day shall be rounded in the inmate's favor to a whole day.

SB55-ASA1, s. 3354r Section 3354r. 302.11 (1g) (b) 3. of the statutes is created to read:

SB55-ASA1,1079,2 302.11 (1g) (b) 3. Refusal by the inmate to live in a residence that the parole commission has approved under s. 304.06 (2m) (ak), if applicable.

SB55-ASA1, s. 1696 Section 1696. 302.11 (1z) of the statutes is amended to read:

SB55-ASA1,1079,8 302.11 (1z) An inmate who is sentenced to a term of confinement in prison under s. 973.01 for a felony that is committed on or after December 31, 1999, or a misdemeanor committed on or after the effective date of this subsection .... [revisor inserts date], is not entitled under this section to mandatory release on parole under this section that sentence.

SB55-ASA1, s. 1697 Section 1697. 302.11 (3) of the statutes is amended to read:

SB55-ASA1,1079,11 302.11 (3) All consecutive sentences imposed for crimes committed before December 31, 1999, shall be computed as one continuous sentence.

SB55-ASA1, s. 3357m Section 3357m. 302.11 (4m) of the statutes is amended to read:

SB55-ASA1,1079,16 302.11 (4m) An inmate may not be paroled under this section is subject to the restriction unless he or she agrees to live in a residence that the parole commission or the department has approved under s. 304.06 (2m) (ak), if applicable, relating to the counties to which inmates may be paroled.

SB55-ASA1, s. 1698 Section 1698. 302.11 (7) (a) of the statutes is renumbered 302.11 (7) (am) and amended to read:

SB55-ASA1,1080,2 302.11 (7) (am) The division of hearings and appeals in the department of administration, upon proper notice and hearing, or the department of corrections, if the parolee waives a hearing, reviewing authority may return a parolee released under sub. (1) or (1g) (b) or s. 304.02 or 304.06 (1) to prison for a period up to the remainder of the sentence for a violation of the conditions of parole. The remainder of the sentence is the entire sentence, less time served in custody prior to parole. The revocation order shall provide the parolee with credit in accordance with ss. 304.072 and 973.155.

SB55-ASA1, s. 1699 Section 1699. 302.11 (7) (ag) of the statutes is created to read:

SB55-ASA1,1080,6 302.11 (7) (ag) In this subsection "reviewing authority" means the division of hearings and appeals in the department of administration, upon proper notice and hearing, or the department of corrections, if the parolee waives a hearing.

SB55-ASA1, s. 1700 Section 1700. 302.11 (7) (b) of the statutes is amended to read:

SB55-ASA1,1080,15 302.11 (7) (b) A parolee returned to prison for violation of the conditions of parole shall be incarcerated for the entire period of time determined by 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 unless paroled earlier under par. (c). The parolee is not subject to mandatory release under sub. (1) or presumptive mandatory release under sub. (1g). The period of time determined under par. (a) (am) may be extended in accordance with subs. (1q) and (2).

SB55-ASA1, s. 1701 Section 1701. 302.11 (7) (d) of the statutes is amended to read:

SB55-ASA1,1080,22 302.11 (7) (d) A parolee who is subsequently released either after service of the period of time determined by 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 or by a grant of parole under par. (c) is subject to all conditions and rules of parole until expiration of sentence or discharge by the department.

SB55-ASA1, s. 1702 Section 1702. 302.11 (7) (e) of the statutes is created to read:

SB55-ASA1,1081,2 302.11 (7) (e) A reviewing authority may consolidate proceedings before it under par. (am) with other proceedings before that reviewing authority under par. (am) or s. 302.113 (9) (am) or 302.114 (9) (am) if all of the proceedings relate to the parole or extended supervision of the same person.

SB55-ASA1, s. 1703 Section 1703. 302.11 (10) of the statutes is amended to read:

SB55-ASA1,1081,6 302.11 (10) An inmate subject to an order under s. 48.366 or 938.34 (4h) is not entitled to mandatory release and may be released or discharged only as provided under s. 48.366 or 938.538.

SB55-ASA1, s. 1704 Section 1704. 302.113 (4) of the statutes is amended to read:

SB55-ASA1,1081,11 302.113 (4) All consecutive sentences imposed for crimes committed on or after December 31, 1999, shall be computed as one continuous sentence. The person shall serve any term of extended supervision after serving all terms of confinement in prison.

SB55-ASA1, s. 3367g Section 3367g. 302.113 (7) of the statutes is amended to read:

SB55-ASA1,1081,19 302.113 (7) Any inmate released to extended supervision under this section is subject to all conditions and rules of extended supervision until the expiration of the term of extended supervision portion of the bifurcated sentence. The department may set conditions of extended supervision in addition to any conditions of extended supervision required under s. 302.116, if applicable, or set by the court under s. 973.01 (5) if the conditions set by the department do not conflict with the court's conditions.

SB55-ASA1, s. 1705 Section 1705. 302.113 (8m) of the statutes is created to read:

SB55-ASA1,1081,25 302.113 (8m) Every person released to extended supervision under this section remains in the legal custody of the department. If the department alleges that any condition or rule of extended supervision has been violated by the person, the department may take physical custody of the person for the investigation of the alleged violation.

SB55-ASA1, s. 1706 Section 1706. 302.113 (9) (a) of the statutes is renumbered 302.113 (9) (am) and amended to read:

SB55-ASA1,1082,16 302.113 (9) (am) If a person released to extended supervision under this section violates a condition of extended supervision, the division of hearings and appeals in the department of administration, upon proper notice and hearing, or the department of corrections, if the person on extended supervision waives a hearing, reviewing authority may revoke the person's extended supervision of the person and return the person to prison. If. Upon revocation, the person is returned to prison, he or she shall be returned to prison for any specified period of time that does not exceed the time remaining on the bifurcated sentence. The time remaining on the bifurcated sentence is the total length of the bifurcated sentence, less time served by the person in custody confinement under the sentence before release to extended supervision under sub. (2) and less all time served in confinement for previous revocations of extended supervision under the sentence. The revocation order shall provide the person on whose extended supervision is revoked with credit in accordance with ss. 304.072 and 973.155.

SB55-ASA1, s. 1707 Section 1707. 302.113 (9) (ag) of the statutes is created to read:

SB55-ASA1,1082,21 302.113 (9) (ag) In this subsection "reviewing authority" means the division of hearings and appeals in the department of administration, upon proper notice and hearing, or the department of corrections, if the person on extended supervision waives a hearing.

SB55-ASA1, s. 1708 Section 1708. 302.113 (9) (b) of the statutes is amended to read:

SB55-ASA1,1083,6 302.113 (9) (b) A person who is returned to prison after revocation of extended supervision shall be incarcerated for the entire period of time specified by the department of corrections in the case of a waiver or by the division of hearings and appeals in the department of administration in the case of a hearing under par. (a) reviewing authority. The period of time specified under par. (a) (am) may be extended in accordance with sub. (3). If a person is returned to prison under par. (am) for a period of time that is less than the time remaining on the bifurcated sentence, the person shall be released to extended supervision after he or she has served the period of time specified under par. (am) and any extensions imposed under sub. (3).

SB55-ASA1, s. 1709 Section 1709. 302.113 (9) (c) of the statutes is amended to read:

SB55-ASA1,1083,18 302.113 (9) (c) A person who is subsequently released to extended supervision after service of the period of time specified by the department of corrections in the case of a waiver or by the division of hearings and appeals in the department of administration in the case of a hearing under par. (a) reviewing authority is subject to all conditions and rules under sub. (7) until the expiration of the term of remaining extended supervision portion of the bifurcated sentence. The remaining extended supervision portion of the bifurcated sentence is the total length of the bifurcated sentence, less the time served by the person in confinement under the bifurcated sentence before release to extended supervision under sub. (2) and less all time served in confinement for any revocation of extended supervision under the bifurcated sentence.

SB55-ASA1, s. 1710 Section 1710. 302.113 (9) (d) of the statutes is created to read:

SB55-ASA1,1083,24 302.113 (9) (d) When determining under pars. (am) and (c) the amount of time a person has served in confinement before release to extended supervision or the amount of time a person has served in confinement for a revocation of extended supervision, the reviewing authority shall include any extensions imposed under sub. (3).

SB55-ASA1, s. 1711 Section 1711. 302.113 (9) (e) of the statutes is created to read:

SB55-ASA1,1084,4 302.113 (9) (e) 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).

SB55-ASA1, s. 1712 Section 1712. 302.113 (9) (f) of the statutes is created to read:

SB55-ASA1,1084,9 302.113 (9) (f) 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 302.114 (9) (am) if all of the proceedings relate to the parole or extended supervision of the same person.

SB55-ASA1, s. 1713 Section 1713. 302.113 (9) (g) of the statutes is created to read:

SB55-ASA1,1084,16 302.113 (9) (g) If there is a hearing under par. (am) before the division of hearings and appeals in the department of administration, 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.

SB55-ASA1, s. 1714 Section 1714. 302.114 (4) of the statutes is amended to read:

SB55-ASA1,1084,21 302.114 (4) All consecutive sentences imposed for crimes committed on or after December 31, 1999, shall be computed as one continuous sentence. An inmate subject to this section shall serve any term of extended supervision after serving all terms of confinement in prison.

SB55-ASA1, s. 3377m Section 3377m. 302.114 (8) of the statutes is amended to read:

SB55-ASA1,1085,3 302.114 (8) Any inmate released to extended supervision under this section is subject to all conditions and rules of extended supervision. The department may set conditions of extended supervision in addition to any conditions of extended supervision required under s. 302.116, if applicable, or set by the court under sub. (5) (d) if the conditions set by the department do not conflict with the court's conditions.

SB55-ASA1, s. 1715 Section 1715. 302.114 (8m) of the statutes is created to read:

SB55-ASA1,1085,9 302.114 (8m) Every person released to extended supervision under this section remains in the legal custody of the department. If the department alleges that any condition or rule of extended supervision has been violated by the person, the department may take physical custody of the person for the investigation of the alleged violation.

SB55-ASA1, s. 1716 Section 1716. 302.114 (9) (a) of the statutes is renumbered 302.114 (9) (am) and amended to read:

SB55-ASA1,1085,19 302.114 (9) (am) If a person released to extended supervision under this section violates a condition of extended supervision, the division of hearings and appeals in the department of administration, upon proper notice and hearing, or the department of corrections, if the person on extended supervision waives a hearing, reviewing authority may revoke the person's extended supervision of the person and return the person to prison. If. Upon revocation, the person is returned to prison, he or she shall be returned to prison for a specified period of time, as provided under par. (b).

SB55-ASA1, s. 1717 Section 1717. 302.114 (9) (ag) of the statutes is created to read:

SB55-ASA1,1085,22 302.114 (9) (ag) In this subsection "reviewing authority" has the meaning given in s. 302.113 (9) (ag).

SB55-ASA1, s. 1718 Section 1718. 302.114 (9) (b) of the statutes is amended to read:

SB55-ASA1,1086,5 302.114 (9) (b) If a person is returned to prison 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 period of time for which the person shall be incarcerated before being eligible for release to extended supervision. The period of time specified under this paragraph may not be less than 5 years and may be extended in accordance with sub. (3).

SB55-ASA1, s. 1719 Section 1719. 302.114 (9) (bm) of the statutes is amended to read:

SB55-ASA1,1086,17 302.114 (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 par. (b), 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.

SB55-ASA1, s. 1720 Section 1720. 302.114 (9) (d) of the statutes is created to read:

SB55-ASA1,1086,22 302.114 (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).

SB55-ASA1, s. 1721 Section 1721. 302.114 (9) (e) of the statutes is created to read:

SB55-ASA1,1087,2 302.114 (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.

SB55-ASA1, s. 1722 Section 1722. 302.114 (9) (f) of the statutes is created to read:

SB55-ASA1,1087,9 302.114 (9) (f) If there is a hearing under par. (am) before the division of hearings and appeals in the department of administration, 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.

SB55-ASA1, s. 3385g Section 3385g. 302.115 of the statutes is renumbered 302.105.

SB55-ASA1, s. 3385r Section 3385r. 302.116 of the statutes is created to read:

SB55-ASA1,1087,13 302.116 Extended supervision conditions for sex offenders. (1) In this section:

SB55-ASA1,1087,16 (a) "Serious sex offense" means a violation of s. 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06, or 948.07 or a solicitation, conspiracy, or attempt to commit a violation of s. 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06, or 948.07.

SB55-ASA1,1087,17 (b) "Sex offender" means a person serving a sentence for a serious sex offense.

SB55-ASA1,1087,19 (2) As a condition of extended supervision, a sex offender shall agree to live in a residence that the department has approved under sub. (3).

SB55-ASA1,1087,23 (3) Subject to the requirements of subs. (4) to (6) and s. 301.03 (19), before releasing a sex offender to extended supervision, the department shall assess the appropriateness of the sex offender's prospective residence by doing at least all of the following:

SB55-ASA1,1088,5 (a) Considering the sex offender's access to potential victims if he or she lives there. If the victim of the serious sex offense that the sex offender committed was a child, the department, in meeting this requirement, shall contact the department of health and family services, the local county department responsible for certification of child care providers under s. 48.651, and the local school board to determine whether there are any day care providers located near the sex offender's prospective residence.

SB55-ASA1,1088,7 (b) Ensuring that others living in the prospective residence are aware of the sex offender's offense history.

SB55-ASA1,1088,9 (4) The department shall use its best efforts to select a residence under sub. (3) that is in the sex offender's county of residence.

SB55-ASA1,1088,15 (5) If the victim of the serious sex offense that the sex offender committed was a child who resided with the sex offender at the time of the offense, the department may not permit the sex offender to return home, unless the extended supervision officer and any person providing sex offender treatment to the sex offender determines that the sex offender's return will not jeopardize the safety of anyone residing in the home.

SB55-ASA1,1088,19 (6) The department may not approve a residence under sub. (3) if it is located in a county where there is a correctional institution that has a specialized sex offender treatment program, unless that county is also the sex offender's county of residence.

SB55-ASA1,1088,21 (7) The department shall determine a sex offender's county of residence under this section by doing all of the following:

SB55-ASA1,1088,24 (a) Considering residence as the voluntary concurrence of physical presence with intent to remain in a place of fixed habitation and considering physical presence as prima facie evidence of intent to remain.

SB55-ASA1,1089,4 (b) Applying the criteria for consideration of residence and physical presence under par. (a) to the facts that existed on the date on which the sex offender committed the serious sex offense that resulted in the sentence that the sex offender is serving.

SB55-ASA1, s. 1723 Section 1723. 302.18 (7) of the statutes is amended to read:

SB55-ASA1,1089,11 302.18 (7) Except as provided in s. 973.013 (3m), the department shall keep all prisoners a person under 15 years of age who has been sentenced to the Wisconsin state prisons in a secured juvenile correctional facilities or facility or a secured child caring institutions institution, but the department may transfer them that person to an adult correctional institutions institution after they attain the person attains 15 years of age.

SB55-ASA1, s. 1724 Section 1724. 302.255 of the statutes is amended to read:

SB55-ASA1,1089,16 302.255 Interstate corrections compact; additional applicability. "Inmate", as defined under s. 302.25 (2) (a), includes persons subject to an order under s. 48.366 who are confined to a state prison under s. 302.01 and persons subject to an order under s. 938.34 (4h) who are 17 years of age or older.