SB55-SSA1,1082,163 302.113 (9) (am) If a person released to extended supervision under this section
4violates a condition of extended supervision, the division of hearings and appeals in
5the department of administration, upon proper notice and hearing, or the
6department of corrections, if the person on extended supervision waives a hearing,

7reviewing authority may revoke the person's extended supervision of the person and
8return the person to prison. If
. Upon revocation, the person is returned to prison,
9he or she
shall be returned to prison for any specified period of time that does not
10exceed the time remaining on the bifurcated sentence. The time remaining on the
11bifurcated sentence is the total length of the bifurcated sentence, less time served by
12the person in custody confinement under the sentence before release to extended
13supervision under sub. (2) and less all time served in confinement for previous
14revocations of extended supervision under the sentence
. The revocation order shall
15provide the person on whose extended supervision is revoked with credit in
16accordance with ss. 304.072 and 973.155.
SB55-SSA1, s. 3370 17Section 3370. 302.113 (9) (ag) of the statutes is created to read:
SB55-SSA1,1082,2118 302.113 (9) (ag) In this subsection "reviewing authority" means the division of
19hearings and appeals in the department of administration, upon proper notice and
20hearing, or the department of corrections, if the person on extended supervision
21waives a hearing.
SB55-SSA1, s. 3371 22Section 3371. 302.113 (9) (b) of the statutes is amended to read:
SB55-SSA1,1083,623 302.113 (9) (b) A person who is returned to prison after revocation of extended
24supervision shall be incarcerated for the entire period of time specified by the
25department of corrections in the case of a waiver or by the division of hearings and

1appeals in the department of administration in the case of a hearing under par. (a)

2reviewing authority. The period of time specified under par. (a) (am) may be extended
3in accordance with sub. (3). If a person is returned to prison under par. (am) for a
4period of time that is less than the time remaining on the bifurcated sentence, the
5person shall be released to extended supervision after he or she has served the period
6of time specified under par. (am) and any extensions imposed under sub. (3).
SB55-SSA1, s. 3372 7Section 3372. 302.113 (9) (c) of the statutes is amended to read:
SB55-SSA1,1083,188 302.113 (9) (c) A person who is subsequently released to extended supervision
9after service of the period of time specified by the department of corrections in the
10case of a waiver or by the division of hearings and appeals in the department of
11administration in the case of a hearing under par. (a)
reviewing authority is subject
12to all conditions and rules under sub. (7) until the expiration of the term of remaining
13extended supervision portion of the bifurcated sentence. The remaining extended
14supervision portion of the bifurcated sentence is the total length of the bifurcated
15sentence, less the time served by the person in confinement under the bifurcated
16sentence before release to extended supervision under sub. (2) and less all time
17served in confinement for any revocation of extended supervision under the
18bifurcated sentence.
SB55-SSA1, s. 3373 19Section 3373. 302.113 (9) (d) of the statutes is created to read:
SB55-SSA1,1083,2420 302.113 (9) (d) When determining under pars. (am) and (c) the amount of time
21a person has served in confinement before release to extended supervision or the
22amount of time a person has served in confinement for a revocation of extended
23supervision, the reviewing authority shall include any extensions imposed under
24sub. (3).
SB55-SSA1, s. 3374 25Section 3374. 302.113 (9) (e) of the statutes is created to read:
SB55-SSA1,1084,4
1302.113 (9) (e) If a hearing is to be held under par. (am) before the division of
2hearings and appeals in the department of administration, the hearing examiner
3may order the taking and allow the use of a videotaped deposition under s. 967.04
4(7) to (10).
SB55-SSA1, s. 3375 5Section 3375. 302.113 (9) (f) of the statutes is created to read:
SB55-SSA1,1084,96 302.113 (9) (f) A reviewing authority may consolidate proceedings before it
7under par. (am) with other proceedings before that reviewing authority under par.
8(am) or s. 302.11 (7) (am) or 302.114 (9) (am) if all of the proceedings relate to the
9parole or extended supervision of the same person.
SB55-SSA1, s. 3376 10Section 3376. 302.113 (9) (g) of the statutes is created to read:
SB55-SSA1,1084,1611 302.113 (9) (g) If there is a hearing under par. (am) before the division of
12hearings and appeals in the department of administration, the person on extended
13supervision may seek review of a decision to revoke extended supervision and the
14department of corrections may seek review of a decision to not revoke extended
15supervision. Review of a decision under this paragraph may be sought only by an
16action for certiorari.
SB55-SSA1, s. 3377 17Section 3377. 302.114 (4) of the statutes is amended to read:
SB55-SSA1,1084,2118 302.114 (4) All consecutive sentences imposed for crimes committed on or after
19December 31, 1999,
shall be computed as one continuous sentence. An inmate
20subject to this section shall serve any term of extended supervision after serving all
21terms of confinement in prison.
SB55-SSA1, s. 3377m 22Section 3377m. 302.114 (8) of the statutes is amended to read:
SB55-SSA1,1085,323 302.114 (8) Any inmate released to extended supervision under this section is
24subject to all conditions and rules of extended supervision. The department may set
25conditions of extended supervision in addition to any conditions of extended

1supervision required under s. 302.116, if applicable, or set by the court under sub.
2(5) (d) if the conditions set by the department do not conflict with the court's
3conditions.
SB55-SSA1, s. 3378 4Section 3378. 302.114 (8m) of the statutes is created to read:
SB55-SSA1,1085,95 302.114 (8m) Every person released to extended supervision under this section
6remains in the legal custody of the department. If the department alleges that any
7condition or rule of extended supervision has been violated by the person, the
8department may take physical custody of the person for the investigation of the
9alleged violation.
SB55-SSA1, s. 3379 10Section 3379. 302.114 (9) (a) of the statutes is renumbered 302.114 (9) (am)
11and amended to read:
SB55-SSA1,1085,1912 302.114 (9) (am) If a person released to extended supervision under this section
13violates a condition of extended supervision, the division of hearings and appeals in
14the department of administration, upon proper notice and hearing, or the
15department of corrections, if the person on extended supervision waives a hearing,

16reviewing authority may revoke the person's extended supervision of the person and
17return the person to prison. If
. Upon revocation, the person is returned to prison,
18he or she
shall be returned to prison for a specified period of time, as provided under
19par. (b).
SB55-SSA1, s. 3380 20Section 3380. 302.114 (9) (ag) of the statutes is created to read:
SB55-SSA1,1085,2221 302.114 (9) (ag) In this subsection "reviewing authority" has the meaning given
22in s. 302.113 (9) (ag).
SB55-SSA1, s. 3381 23Section 3381. 302.114 (9) (b) of the statutes is amended to read:
SB55-SSA1,1086,524 302.114 (9) (b) If a person is returned to prison under par. (a) (am) after
25revocation of extended supervision, the department of corrections in the case of a

1waiver or the division of hearings and appeals in the department of administration
2in the case of a hearing under par. (a)
reviewing authority shall specify a period of
3time for which the person shall be incarcerated before being eligible for release to
4extended supervision. The period of time specified under this paragraph may not be
5less than 5 years and may be extended in accordance with sub. (3).
SB55-SSA1, s. 3382 6Section 3382. 302.114 (9) (bm) of the statutes is amended to read:
SB55-SSA1,1086,177 302.114 (9) (bm) A person who is returned to prison under par. (a) (am) after
8revocation of extended supervision may, upon petition to the sentencing court, be
9released to extended supervision after he or she has served the entire period of time
10specified in par. (b), including any periods of extension imposed under sub. (3). A
11person may not file a petition under this paragraph earlier than 90 days before the
12date on which he or she is eligible to be released to extended supervision. If a person
13files a petition for release to extended supervision under this paragraph at any time
14earlier than 90 days before the date on which he or she is eligible to be released to
15extended supervision, the court shall deny the petition without a hearing. The
16procedures specified in sub. (5) (am) to (f) apply to a petition filed under this
17paragraph.
SB55-SSA1, s. 3383 18Section 3383. 302.114 (9) (d) of the statutes is created to read:
SB55-SSA1,1086,2219 302.114 (9) (d) If a hearing is to be held under par. (am) before the division of
20hearings and appeals in the department of administration, the hearing examiner
21may order the taking and allow the use of a videotaped deposition under s. 967.04
22(7) to (10).
SB55-SSA1, s. 3384 23Section 3384. 302.114 (9) (e) of the statutes is created to read:
SB55-SSA1,1087,224 302.114 (9) (e) A reviewing authority may consolidate proceedings before it
25under par. (am) with other proceedings before that reviewing authority under par.

1(am) or s. 302.11 (7) (am) or 302.113 (9) (am) if all of the proceedings relate to the
2parole or extended supervision of the same person.
SB55-SSA1, s. 3385 3Section 3385. 302.114 (9) (f) of the statutes is created to read:
SB55-SSA1,1087,94 302.114 (9) (f) If there is a hearing under par. (am) before the division of
5hearings and appeals in the department of administration, the person on extended
6supervision may seek review of a decision to revoke extended supervision and the
7department of corrections may seek review of a decision to not revoke extended
8supervision. Review of a decision under this paragraph may be sought only by an
9action for certiorari.
SB55-SSA1, s. 3385g 10Section 3385g. 302.115 of the statutes is renumbered 302.105.
SB55-SSA1, s. 3385r 11Section 3385r. 302.116 of the statutes is created to read:
SB55-SSA1,1087,13 12302.116 Extended supervision conditions for sex offenders. (1) In this
13section:
SB55-SSA1,1087,1614 (a) "Serious sex offense" means a violation of s. 940.225 (1) or (2), 948.02 (1) or
15(2), 948.025, 948.06, or 948.07 or a solicitation, conspiracy, or attempt to commit a
16violation of s. 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06, or 948.07.
SB55-SSA1,1087,1717 (b) "Sex offender" means a person serving a sentence for a serious sex offense.
SB55-SSA1,1087,19 18(2) As a condition of extended supervision, a sex offender shall agree to live in
19a residence that the department has approved under sub. (3).
SB55-SSA1,1087,23 20(3) Subject to the requirements of subs. (4) to (6) and s. 301.03 (19), before
21releasing a sex offender to extended supervision, the department shall assess the
22appropriateness of the sex offender's prospective residence by doing at least all of the
23following:
SB55-SSA1,1088,524 (a) Considering the sex offender's access to potential victims if he or she lives
25there. If the victim of the serious sex offense that the sex offender committed was

1a child, the department, in meeting this requirement, shall contact the department
2of health and family services, the local county department responsible for
3certification of child care providers under s. 48.651, and the local school board to
4determine whether there are any day care providers located near the sex offender's
5prospective residence.
SB55-SSA1,1088,76 (b) Ensuring that others living in the prospective residence are aware of the sex
7offender's offense history.
SB55-SSA1,1088,9 8(4) The department shall use its best efforts to select a residence under sub.
9(3) that is in the sex offender's county of residence.
SB55-SSA1,1088,15 10(5) If the victim of the serious sex offense that the sex offender committed was
11a child who resided with the sex offender at the time of the offense, the department
12may not permit the sex offender to return home, unless the extended supervision
13officer and any person providing sex offender treatment to the sex offender
14determines that the sex offender's return will not jeopardize the safety of anyone
15residing in the home.
SB55-SSA1,1088,19 16(6) The department may not approve a residence under sub. (3) if it is located
17in a county where there is a correctional institution that has a specialized sex
18offender treatment program, unless that county is also the sex offender's county of
19residence.
SB55-SSA1,1088,21 20(7) The department shall determine a sex offender's county of residence under
21this section by doing all of the following:
SB55-SSA1,1088,2422 (a) Considering residence as the voluntary concurrence of physical presence
23with intent to remain in a place of fixed habitation and considering physical presence
24as prima facie evidence of intent to remain.
SB55-SSA1,1089,4
1(b) Applying the criteria for consideration of residence and physical presence
2under par. (a) to the facts that existed on the date on which the sex offender
3committed the serious sex offense that resulted in the sentence that the sex offender
4is serving.
SB55-SSA1, s. 3386 5Section 3386. 302.18 (7) of the statutes is amended to read:
SB55-SSA1,1089,116 302.18 (7) Except as provided in s. 973.013 (3m), the department shall keep all
7prisoners
a person under 15 years of age who has been sentenced to the Wisconsin
8state prisons
in a secured juvenile correctional facilities or facility or a secured child
9caring institutions institution, but the department may transfer them that person
10to an adult correctional institutions institution after they attain the person attains
1115 years of age.
SB55-SSA1, s. 3387 12Section 3387. 302.255 of the statutes is amended to read:
SB55-SSA1,1089,16 13302.255 Interstate corrections compact; additional applicability.
14"Inmate", as defined under s. 302.25 (2) (a), includes persons subject to an order
15under s. 48.366 who are confined to a state prison under s. 302.01 and persons subject
16to an order under s. 938.34 (4h) who are 17 years of age or older
.
SB55-SSA1, s. 3388 17Section 3388. 302.386 (3) (a) of the statutes is amended to read:
SB55-SSA1,1089,2318 302.386 (3) (a) Except as provided in par. (b), the department may require a
19resident housed in a prison identified in s. 302.01 or in a secured correctional facility,
20as defined in s. 938.02 (15m), who earns wages during residency and who receives
21medical or dental services to pay a deductible, coinsurance, copayment , or similar
22charge upon the medical or dental service that he or she receives. The department
23shall collect the allowable deductible, coinsurance, copayment, or similar charge.
SB55-SSA1, s. 3389 24Section 3389. 302.386 (5) (d) of the statutes is amended to read:
SB55-SSA1,1090,4
1302.386 (5) (d) Any participant in the serious juvenile offender program under
2s. 938.538 unless he or she the participant is placed in a Type 1 secured correctional
3facility, as defined in s. 938.02 (19), or in a Type 1 prison other than the institution
4authorized under s. 301.046 (1)
.
SB55-SSA1, s. 3389f 5Section 3389f. 302.46 (1) (a) of the statutes is amended to read:
SB55-SSA1,1090,156 302.46 (1) (a) On or after October 1, 1987, if a court imposes a fine or forfeiture
7for a violation of state law or for a violation of a municipal or county ordinance except
8for a violation of s. 101.123 (2) (a), (am) 1., (ar) or , (bm), or (br) or (5) or state laws or
9municipal or county ordinances involving nonmoving traffic violations or safety belt
10use violations under s. 347.48 (2m), the court, in addition, shall impose a jail
11assessment in an amount of 1% of the fine or forfeiture imposed or $10, whichever
12is greater. If multiple offenses are involved, the court shall determine the jail
13assessment on the basis of each fine or forfeiture. If a fine or forfeiture is suspended
14in whole or in part, the court shall reduce the jail assessment in proportion to the
15suspension.
SB55-SSA1, s. 3389g 16Section 3389g. 303.01 (2) (em) of the statutes is amended to read:
SB55-SSA1,1091,1317 303.01 (2) (em) Lease space, with or without equipment, within the precincts
18of state prisons, as specified in s. 302.02, or within the confines of correctional
19institutions operated by the department for holding in secure custody persons
20adjudged delinquent, to not more than 6 2 private businesses to employ prison
21inmates and institution residents to manufacture products or components or to
22provide services for sale on the open market. The department shall comply with s.
2316.75 in selecting businesses under this paragraph. The department may enter into
24a contract under this paragraph only with the approval of the joint committee on
25finance. The department may not enter into or amend a contract under this

1paragraph unless the contract or amendment specifies each state prison or juvenile
2correctional institution at which the private business will employ inmates or
3institution residents. The department shall consult with appropriate trade
4organizations and labor unions prior to issuing requests for proposals and prior to
5selecting proposals under this paragraph. Each such private business may conduct
6its operations as a private business, subject to the wage standards under sub. (4), the
7disposition of earnings under sub. (8), the provisions regarding displacement in sub.
8(11), the requirements for notification and hearing under sub. (1) (c), the requirement
9for prison industries board approval under s. 303.015 (1) (b) and the authority of the
10department to maintain security and control in its institutions. The private business
11and its operations are not a prison industry. Inmates employed by the private
12business are not subject to the requirements of inmates participating in prison
13industries, except as provided in this paragraph;
SB55-SSA1, s. 3389m 14Section 3389m. 304.01 (3) of the statutes is created to read:
SB55-SSA1,1091,1915 304.01 (3) The parole commission shall work with the department to minimize,
16to the greatest extent possible, the residential population density of sex offenders,
17as defined in s. 304.06 (2m) (a) 2., who are on probation, parole, or extended
18supervision or placed on supervised release under s. 980.06 (2) (c), 1997 stats., or s.
19980.08 (5).
SB55-SSA1, s. 3389p 20Section 3389p. 304.02 (4m) of the statutes is amended to read:
SB55-SSA1,1091,2421 304.02 (4m) A prisoner may not be paroled under this section is subject to the
22restriction
unless he or she agrees to live in a residence that the department has
23approved
under s. 304.06 (2m) (ak), if applicable , relating to the counties to which
24prisoners may be paroled
.
SB55-SSA1, s. 3389q
1Section 3389q. 304.06 (2m) (a) of the statutes is renumbered 304.06 (2m) (a)
2(intro.) and amended to read:
SB55-SSA1,1092,33 304.06 (2m) (a) (intro.) In this subsection, "serious:
SB55-SSA1,1092,6 41. "Serious sex offense" means a violation of s. 940.225 (1) or (2), 948.02 (1) or
5(2), 948.025, 948.06 or 948.07 or a solicitation, conspiracy or attempt to commit a
6violation of s. 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06 or 948.07.
SB55-SSA1, s. 3389r 7Section 3389r. 304.06 (2m) (a) 2. of the statutes is created to read:
SB55-SSA1,1092,98 304.06 (2m) (a) 2. "Sex offender" means a person serving a sentence for a
9serious sex offense.
SB55-SSA1, s. 3389s 10Section 3389s. 304.06 (2m) (af) of the statutes is created to read:
SB55-SSA1,1092,1311 304.06 (2m) (af) Neither the parole commission nor the department may parole
12a sex offender unless he or she agrees to live in a residence that the parole
13commission or the department has approved under par. (ak).
SB55-SSA1, s. 3389t 14Section 3389t. 304.06 (2m) (ak) of the statutes is created to read:
SB55-SSA1,1092,1815 304.06 (2m) (ak) Subject to the requirements of pars. (ap), (at), and (b) and ss.
16301.03 (19) and 304.01 (3), before releasing a sex offender on parole, the parole
17commission or the department shall assess the appropriateness of the sex offender's
18prospective residence by doing at least all of the following:
SB55-SSA1,1092,2519 1. Considering the sex offender's access to potential victims if he or she lives
20there. If the victim of the serious sex offense that the sex offender committed was
21a child, the parole commission or the department, in meeting this requirement, shall
22contact the department of health and family services, the local county department
23responsible for certification of child care providers under s. 48.651, and the local
24school board to determine whether there are any day care providers located near the
25sex offender's prospective residence.
SB55-SSA1,1093,2
12. Ensuring that others living in the prospective residence are aware of the sex
2offender's offense history.
SB55-SSA1, s. 3389u 3Section 3389u. 304.06 (2m) (ap) of the statutes is created to read:
SB55-SSA1,1093,64 304.06 (2m) (ap) The parole commission or the department shall use its best
5efforts to select a residence under par. (ak) that is in the sex offender's county of
6residence.
SB55-SSA1, s. 3389v 7Section 3389v. 304.06 (2m) (at) of the statutes is created to read:
SB55-SSA1,1093,138 304.06 (2m) (at) If the victim of the serious sex offense that the sex offender
9committed was a child who resided with the sex offender at the time of the offense,
10neither the parole commission nor the department may permit the sex offender to
11return home, unless the parole officer and any person providing sex offender
12treatment to the sex offender determines that the sex offender's return will not
13jeopardize the safety of anyone residing in the home.
SB55-SSA1, s. 3389w 14Section 3389w. 304.06 (2m) (b) of the statutes is amended to read:
SB55-SSA1,1093,1715 304.06 (2m) (b) Except as provided in par. (c), no prisoner who is serving a
16sentence for a serious
sex offense offender may be paroled to any county where there
17is a correctional institution that has a specialized sex offender treatment program.
SB55-SSA1, s. 3389x 18Section 3389x. 304.06 (2m) (c) of the statutes is amended to read:
SB55-SSA1,1093,2219 304.06 (2m) (c) A prisoner who is serving a sentence for a serious sex offense
20offender may be paroled to a county where there is a correctional institution that has
21a specialized sex offender treatment program if that county is also the prisoner's sex
22offender's
county of residence.
SB55-SSA1, s. 3389y 23Section 3389y. 304.06 (2m) (d) of the statutes is amended to read:
SB55-SSA1,1094,3
1304.06 (2m) (d) The parole commission or the department shall determine a
2prisoner's sex offender's county of residence for the purposes of this subsection by
3doing all of the following:
SB55-SSA1,1094,74 1. The parole commission or the department shall consider Considering
5residence as the voluntary concurrence of physical presence with intent to remain
6in a place of fixed habitation and shall consider considering physical presence as
7prima facie evidence of intent to remain.
SB55-SSA1,1094,118 2. The parole commission or the department shall apply Applying the criteria
9for consideration of residence and physical presence under subd. 1. to the facts that
10existed on the date that the prisoner on which the sex offender committed the serious
11sex offense that resulted in the sentence that the prisoner sex offender is serving.
Loading...
Loading...