AB594-ASA1, s. 6
12Section
6. 301.048 (4m) (c) of the statutes is amended to read:
AB594-ASA1,3,1513
301.048
(4m) (c) The department shall make a reasonable effort to send the
14notice to the last-known address of the persons
, agency, or office under
par. pars. (b)
15and (bg).
AB594-ASA1,3,2217
301.38
(2m) If a prisoner who has violated s. 940.01, 940.02, 940.03, 940.05,
18940.06, 940.08, 940.09, or 940.10 and the victim was a law enforcement officer, as
19defined in s. 102.475 (8) (c), escapes from a Type 1 prison, the department shall make
20a reasonable attempt to notify, in accordance with sub. (3), the law enforcement
21agency on which the officer served and the head of the collective bargaining unit, if
22any, for that law enforcement agency.
AB594-ASA1,4,3
1301.38
(3) The department shall make a reasonable effort to notify the person
,
2agency, or office by telephone as soon as possible after the escape and after any
3subsequent apprehension of the prisoner.
AB594-ASA1,4,115
302.105
(2m) Before an inmate who is in a prison serving a sentence for a
6violation of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, or 940.10 and
7the victim was a law enforcement officer, as defined in s. 102.475 (8) (c), is released
8from imprisonment because he or she has reached the expiration date of his or her
9sentence, the department shall make a reasonable attempt to notify, in accordance
10with sub. (3), the law enforcement agency on which the officer served and the head
11of the collective bargaining unit, if any, for that law enforcement agency.
AB594-ASA1,4,1613
302.105
(3) The department shall make a reasonable effort to send the notice,
14postmarked at least 7 days before an inmate's sentence expires and he or she is
15released from imprisonment, to the last-known address of the persons
, agency, or
16office under
sub. subs. (2)
and (2m).
AB594-ASA1,5,319
302.1135
(4) When the commission receives under sub. (3) an inmate's petition
20for modification of the inmate's sentence, the commission shall set a hearing to
21determine whether the public interest would be served by a modification of the
22inmate's sentence in the manner specified in sub. (6). The inmate and the district
23attorney have the right to be present at the hearing, and any victim of the inmate's
24crime has the right to be present at the hearing and to provide a statement
25concerning the modification of the inmate's sentence. The commission shall order
1such notice of the hearing date as it considers adequate to be given to the inmate, the
2attorney representing the inmate, if applicable, and the district attorney.
Victim
3notification Notification shall be provided as specified under sub. (7).
AB594-ASA1,5,216
302.1135
(7) (b) When the commission sets a hearing date under sub. (4), the
7commission shall send a notice of hearing to the victim of the crime committed by the
8inmate, if the victim has submitted a card under par. (c) requesting notification
and,
9if the inmate violated s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, or
10940.10 and the victim was a law enforcement officer, as defined in s. 102.475 (8) (c),
11to the law enforcement agency on which the officer served and the head of the
12collective bargaining unit, if any, for that law enforcement agency. The notice shall
13inform the victim
, the head of the collective bargaining unit, and a representative of
14the law enforcement agency that he or she may appear at the hearing scheduled
15under sub. (4) and shall inform the victim
, the head of the collective bargaining unit,
16and a representative of the law enforcement agency of the manner in which he or she
17may provide a statement concerning the modification of the inmate's sentence in the
18manner provided in sub. (6). The commission shall make a reasonable attempt to
19send the notice of hearing to the last-known address of the inmate's victim,
the law
20enforcement agency, and the office of the head of the collective bargaining unit 21postmarked at least 10 days before the date of the hearing.
AB594-ASA1,6,623
302.114
(6) (b) If an inmate petitions a court under sub. (5) or (9) (bm) for
24release to extended supervision under this section, the clerk of the circuit court in
25which the petition is filed shall send a copy of the petition and, if a hearing is
1scheduled, a notice of hearing to the victim of the crime committed by the inmate, if
2the victim has submitted a card under par. (e) requesting notification
and, if the
3inmate violated of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, or 940.10
4and the victim was a law enforcement officer, as defined in s. 102.475 (8) (c), to the
5law enforcement agency on which the officer served and the head of the collective
6bargaining unit, if any, for that law enforcement agency.
AB594-ASA1,6,148
302.114
(6) (c) The notice under par. (b) shall inform the victim
, the head of the
9collective bargaining unit, and a representative of the law enforcement agency that
10he or she may appear at the hearing under sub. (5) or (9) (bm), if a hearing is
11scheduled, and shall inform the victim
, the head of the collective bargaining unit, and
12a representative of the law enforcement agency of the manner in which he or she may
13provide written statements concerning the inmate's petition for release to extended
14supervision.
AB594-ASA1,6,2316
302.114
(6) (d) The clerk of the circuit court shall make a reasonable attempt
17to send a copy of the inmate's petition to the last-known address of the victim
, the
18law enforcement agency, and the office of the head of the collective bargaining unit 19within 7 days of the date on which the petition is filed and shall make a reasonable
20attempt to send the notice of hearing, if a hearing is scheduled, to the last-known
21address of the persons victim,
the law enforcement agency, and the office of the head
22of the collective bargaining unit postmarked at least 10 days before the date of the
23hearing.
AB594-ASA1, s. 16
24Section
16. 303.068 (4m) (bg) of the statutes is created to read:
AB594-ASA1,7,6
1303.068
(4m) (bg) Before an inmate who is imprisoned for a violation of s.
2940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, or 940.10 and the victim was
3a law enforcement officer, as defined in s. 102.475 (8) (c), is released on leave under
4this section, the department shall make a reasonable attempt to notify, in accordance
5with par. (c), the law enforcement agency on which the officer served and the head
6of the collective bargaining unit, if any, for that law enforcement agency.
AB594-ASA1,7,108
303.068
(4m) (c) The department shall make a reasonable effort to send the
9notice, postmarked at least 7 days before an inmate is released on leave, to the
10last-known address of the persons
, agency, or office under
par. pars. (b)
and (bg).
AB594-ASA1, s. 18
11Section
18. 304.06 (1) (c) 4. of the statutes is created to read:
AB594-ASA1,7,1612
304.06
(1) (c) 4. If the inmate was convicted of an offense under s. 940.01,
13940.02, 940.03, 940.05, 940.06, 940.08, 940.09, or 940.10 and the victim was a law
14enforcement officer, as defined in s. 102.475 (8) (c), the law enforcement agency on
15which the officer served and the head of the collective bargaining unit, if any, for that
16law enforcement agency.
AB594-ASA1,8,519
304.06
(1) (d) 1. The notice under par. (c) shall inform the offices and persons
20under par. (c) 1. to
3. 4. of the manner in which they may provide written statements
21under this subsection, shall inform persons under par. (c) 3.
or 4. of the manner in
22which they may attend interviews or hearings and make statements under par. (eg)
23and shall inform persons under par. (c) 3.
or 4. who are
or who represented, pursuant
24to par. (c) 4., victims, or family members of victims, of crimes specified in s. 940.01,
25940.03, 940.05, 940.225 (1), (2), or (3), 948.02 (1) or (2), 948.025, 948.06 or 948.07 of
1the manner in which they may have direct input in the decision-making process
2under par. (em) for parole or release to extended supervision. The earned release
3review commission shall provide notice under this paragraph for an inmate's first
4application for parole or release to extended supervision and, upon request, for
5subsequent applications for parole or release to extended supervision.
AB594-ASA1,8,118
304.06
(1) (d) 4. If the notice is for a first application for parole or release to
9extended supervision, the notice shall inform the offices and persons under par. (c)
101. to
3. 4. that notification of subsequent applications for parole or release to extended
11supervision will be provided only upon request.
AB594-ASA1,8,1914
304.06
(1) (e) The earned release review commission shall permit any office or
15person under par. (c) 1. to
3. 4. to provide written statements. The earned release
16review commission shall give consideration to any written statements provided by
17any such office or person and received on or before the date specified in the notice.
18This paragraph does not limit the authority of the earned release review commission
19to consider other statements or information that it receives in a timely fashion.
AB594-ASA1,8,2522
304.06
(1) (eg) The earned release review commission shall permit any person
23under par. (c) 3.
or 4. to attend any interview or hearing on the application for parole
24or release to extended supervision of an applicable inmate and to make a statement
25at that interview or hearing.
AB594-ASA1,9,83
304.06
(1) (em) The earned release review commission shall promulgate rules
4that provide a procedure to allow any person who is a victim, or a family member of
5a victim, of a crime specified in s. 940.01, 940.03, 940.05, 940.225 (1), (2), or (3),
6948.02 (1) or (2), 948.025, 948.06 or 948.07
and to allow a person specified under par.
7(c) 4. to have direct input in the decision-making process for parole or release to
8extended supervision.
AB594-ASA1,9,1610
304.063
(2m) Before a prisoner is released on parole under s. 302.11, 304.02,
11or 304.06 or on extended supervision under s. 302.113 or 302.114, if applicable, for
12a violation of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, or 940.10 and
13the victim was a law enforcement officer, as defined in s. 102.475 (8) (c), the
14department shall make a reasonable attempt to notify, in accordance with sub. (3),
15the law enforcement agency on which the officer served and the head of the collective
16bargaining unit, if any, for that law enforcement agency.
AB594-ASA1,9,2118
304.063
(3) The department shall make a reasonable attempt to send the
19notice, postmarked at least 7 days before a prisoner is released on parole or extended
20supervision, to the last-known address of the persons
, agency, or office under
sub. 21subs. (2)
and (2m).
AB594-ASA1,9,2623
304.09
(2) (d) If the convict was convicted of an offense under s. 940.01, 940.02,
24940.03, 940.05, 940.06, 940.08, 940.09, or 940.10 and the victim was a law
25enforcement officer, as defined in s. 102.475 (8) (c), the law enforcement agency on
1which the officer served and the head of the collective bargaining unit, if any, for that
2law enforcement agency.
AB594-ASA1,10,174
304.09
(3) The notice shall inform the persons under sub. (2) of the manner in
5which they may provide written statements or participate in any applicable hearing.
6The applicant shall serve notice on the persons under sub. (2) (a) and (b) at least 3
7weeks before the hearing of the application. The governor shall make a reasonable
8attempt to serve notice on the
person persons under sub. (2) (c)
and (d) at least 3
9weeks before the hearing of the application. The notice shall be published at least
10once each week for 2 successive weeks before the hearing in a newspaper of general
11circulation in the county where the offense was committed. If there is no such
12newspaper, the notice shall be posted in a conspicuous place on the door of the
13courthouse of the county for 3 weeks before the hearing and published once each
14week for 2 consecutive weeks before the hearing in a newspaper published in an
15adjoining county. Publication as required in this subsection shall be completed by
16a date designated by the governor. The date shall be a reasonable time prior to the
17hearing date.
AB594-ASA1,10,2519
304.10
(2) When a victim
or, member of the victim's family
, or person specified
20in s. 304.09 (2) (d) receives notice under s. 304.09 (3), he or she may provide the
21governor with written statements indicating his or her views regarding the
22application and stating any circumstances within his or her knowledge in
23aggravation or extenuation of the applicant's guilt. Upon receipt of any such
24statement, the governor shall place the statement with the other pardon application
25papers.
AB594-ASA1, s. 29
1Section
29. 971.17 (4m) (b) 3. of the statutes is created to read:
AB594-ASA1,11,62
971.17
(4m) (b) 3. If the defendant was charged with an offense under s. 940.01,
3940.02, 940.03, 940.05, 940.06, 940.08, 940.09, or 940.10 and the victim was a law
4enforcement officer, as defined in s. 102.475 (8) (c), notify the law enforcement agency
5on which the officer served and the head of the collective bargaining unit, if any, for
6that law enforcement agency.
AB594-ASA1,11,138
971.17
(4m) (c) The notice under par. (b) shall inform the department of
9corrections and the
person persons under par. (b) 1.
and 3. of the defendant's name
10and conditional release date. The district attorney shall send the notice, postmarked
11no later than 7 days after the court orders the conditional release under this section,
12to the department of corrections and to the last-known
address addresses of the
13person persons, agency, or office under par. (b) 1.
and 3.
AB594-ASA1, s. 31
14Section
31. 971.17 (6m) (b) 3. of the statutes is created to read:
AB594-ASA1,11,1915
971.17
(6m) (b) 3. If the defendant was charged with an offense under s. 940.01,
16940.02, 940.03, 940.05, 940.06, 940.08, 940.09, or 940.10 and the victim was a law
17enforcement officer, as defined in s. 102.475 (8) (c), notify the law enforcement agency
18on which the officer served and the head of the collective bargaining unit, if any, for
19that law enforcement agency.
AB594-ASA1,12,221
971.17
(6m) (c) The notice under par. (b) shall inform the department of
22corrections and the
person persons, agency, or office under par. (b) 1.
and 3. of the
23defendant's name and termination or discharge date. The department of health
24services shall send the notice, postmarked at least 7 days before the defendant's
25termination or discharge date, to the department of corrections and to the
1last-known
address addresses of the
person persons, agency, or office under par. (b)
21.
and 3.
AB594-ASA1,12,54
(1) This act first applies to a release, placement, or escape that occurs, or a
5petition that is filed, on the effective date of this subsection.