AB75-ASA1,1415,2
1(b) Develop a program plan for the inmate that is designed to reduce the risk
2and address the factors identified pursuant to par. (a).
AB75-ASA1,1415,6 3(3) The department may modify an inmate's program plan if programming or
4treatment specified in a plan is unavailable to the inmate because of the inmate's
5security classification, the department discontinues the programming or treatment,
6or there is a waiting list for the programming or treatment.
AB75-ASA1,1415,8 7(4) The department shall release an inmate who is serving a risk reduction
8sentence to extended supervision as follows:
AB75-ASA1,1415,169 (a) Except as provided in par. (b), when he or she serves not less than 75 percent
10of the term of confinement portion of his or her sentence imposed under s. 973.01 and
11the department determines that he or she has completed the programming or
12treatment under his or her plan and that the inmate maintained a good conduct
13record during his or her term of confinement. Not less than 30 days prior to release
14under this subsection, the department shall notify the sentencing court that the
15inmate has thus far successfully completed the requirements of his or her risk
16reduction sentence.
AB75-ASA1,1415,2517 (b) If the inmate is sentenced for a Class F to Class I felony that is not a violent
18offense, as defined in s. 301.048 (2) (bm) 1., when he or she serves not less than 67
19percent of the term of confinement portion of his or her sentenced impose under s.
20973.01 and the department determines that he or she has completed the
21programming or treatment under his or her plan and that the inmate maintained a
22good conduct record during his or her term of confinement. Not less than 30 days
23prior to release under this subsection, the department shall notify the sentencing
24court that the inmate has thus far successfully completed the requirements of his or
25her risk reduction sentence.
AB75-ASA1, s. 2700
1Section 2700. 302.045 (1) of the statutes is amended to read:
AB75-ASA1,1416,172 302.045 (1) Program. The department shall provide a challenge incarceration
3program for inmates selected to participate under sub. (2). The program shall
4provide participants with manual labor, personal development counseling,
5substance abuse treatment and education,
military drill and ceremony, counseling,
6and strenuous physical exercise, for participants who have not attained the age of
730 as of the date on which they begin participating in the program, or
8age-appropriate strenuous physical exercise, for all other participants, in
9preparation for release on parole or extended supervision. The program shall
10provide, according to each participant's needs as assessed under sub. (2) (d),
11substance abuse treatment and education, including intensive intervention when
12indicated, personal development counseling, education, employment readiness
13training, and other treatment options that are directly related to the participant's
14criminal behavior.
The department shall design the program to include not less than
1550 participants at a time and so that a participant may complete the program in not
16more than 180 days. The department may restrict participant privileges as
17necessary to maintain discipline.
AB75-ASA1, s. 2701 18Section 2701. 302.045 (2) (d) of the statutes is repealed and recreated to read:
AB75-ASA1,1416,2019 302.045 (2) (d) The department determines, using evidence-based assessment
20instruments, that one of the following applies:
AB75-ASA1,1416,2221 1. The inmate has a substance abuse treatment need that requires an intensive
22level of treatment.
AB75-ASA1,1416,2523 2. The inmate has a substance abuse treatment need that does not require an
24intensive level of treatment but does require education or outpatient services, and
25the inmate's substance use is not a key factor in his or her criminal behavior.
AB75-ASA1,1417,2
13. The inmate has one or more treatment needs not related to substance use
2that is directly related to his or her criminal behavior.
AB75-ASA1, s. 2702 3Section 2702. 302.045 (3) of the statutes is amended to read:
AB75-ASA1,1417,114 302.045 (3) Parole eligibility. Except as provided in sub. (4), if the department
5determines that an inmate serving a sentence other than one imposed under s.
6973.01 has successfully completed the challenge incarceration program, the parole
7earned release review commission shall parole the inmate for that sentence under
8s. 304.06, regardless of the time the inmate has served. When the parole earned
9release review
commission grants parole under this subsection, it must require the
10parolee to participate in an intensive supervision program for drug abusers
11appropriate to the parolee's rehabilitation needs as a condition of parole.
AB75-ASA1, s. 2702m 12Section 2702m. 302.045 (3m) (d) of the statutes is created to read:
AB75-ASA1,1417,1513 302.045 (3m) (d) Upon receiving a court order modifying an inmate's bifurcated
14sentence, the department shall release the inmate within 6 working days, as defined
15in s. 227.01 (14) and as computed in s. 990.001 (4).
AB75-ASA1, s. 2703 16Section 2703. 302.05 (title) of the statutes is amended to read:
AB75-ASA1,1417,17 17302.05 (title) Wisconsin substance abuse earned release program.
AB75-ASA1, s. 2704 18Section 2704. 302.05 (1) (am) (intro.) of the statutes is renumbered 302.05 (1)
19and amended to read:
AB75-ASA1,1418,420 302.05 (1) The department of corrections and the department of health services
21may designate a section of a mental health institute as a correctional treatment
22facility for the treatment of substance abuse of inmates transferred from Wisconsin
23state prisons. This section shall be administered by the department of corrections
24and shall be known as the Wisconsin substance abuse program. The department of
25corrections and the department of health services shall ensure that the residents at

1the institution and the residents in the substance abuse program:
shall, at any
2correctional facility the department determines is appropriate, provide a
3rehabilitation program for inmates for the purposes of the earned release program
4described in sub. (3).
AB75-ASA1, s. 2705 5Section 2705. 302.05 (1) (am) 1. of the statutes is repealed.
AB75-ASA1, s. 2706 6Section 2706. 302.05 (1) (am) 2. of the statutes is repealed.
AB75-ASA1, s. 2707 7Section 2707. 302.05 (1) (c) of the statutes is repealed.
AB75-ASA1, s. 2708 8Section 2708. 302.05 (2) of the statutes is amended to read:
AB75-ASA1,1418,119 302.05 (2) Transfer to a correctional treatment facility for the treatment of
10substance abuse
participation in a program described in sub. (1) shall be considered
11a transfer under s. 302.18.
AB75-ASA1, s. 2709 12Section 2709. 302.05 (3) (b) of the statutes is amended to read:
AB75-ASA1,1418,2013 302.05 (3) (b) Except as provided in par. (d), if the department determines that
14an eligible inmate serving a sentence other than one imposed under s. 973.01 has
15successfully completed a treatment rehabilitation program described in sub. (1), the
16parole earned release review commission shall parole the inmate for that sentence
17under s. 304.06, regardless of the time the inmate has served. If the parole earned
18release review
commission grants parole under this paragraph, it shall require the
19parolee to participate in an intensive supervision program for drug abusers
20appropriate to the parolee's rehabilitation needs as a condition of parole.
AB75-ASA1, s. 2710 21Section 2710. 302.05 (3) (c) 1. of the statutes is amended to read:
AB75-ASA1,1419,222 302.05 (3) (c) 1. Except as provided in par. (d), if the department determines
23that an eligible inmate serving the term of confinement in prison portion of a
24bifurcated sentence imposed under s. 973.01 has successfully completed a treatment

1rehabilitation program described in sub. (1), the department shall inform the court
2that sentenced the inmate.
AB75-ASA1, s. 2711 3Section 2711. 302.05 (3) (c) 2. (intro.) of the statutes is amended to read:
AB75-ASA1,1419,74 302.05 (3) (c) 2. (intro.) Upon being informed by the department under subd.
51. that an inmate whom the court sentenced under s. 973.01 has successfully
6completed a treatment rehabilitation program described in sub. (1), the court shall
7modify the inmate's bifurcated sentence as follows:
AB75-ASA1, s. 2711m 8Section 2711m. 302.05 (3) (c) 3. of the statutes is created to read:
AB75-ASA1,1419,119 302.05 (3) (c) 3. Upon receiving a court order modifying an inmate's bifurcated
10sentence, the department shall release the inmate within 6 working days, as defined
11in s. 227.01 (14) and as computed in s. 990.001 (4).
AB75-ASA1, s. 2712 12Section 2712. 302.05 (3) (d) of the statutes is amended to read:
AB75-ASA1,1419,1513 302.05 (3) (d) The department may place intensive sanctions program
14participants in a treatment rehabilitation program described in sub. (1), but pars. (b)
15and (c) do not apply to those participants.
AB75-ASA1, s. 2713 16Section 2713. 302.105 (1) (a) of the statutes is amended to read:
AB75-ASA1,1419,1817 302.105 (1) (a) "Member of the family" means spouse, domestic partner under
18ch. 770,
child, sibling, parent or legal guardian.
AB75-ASA1, s. 2714 19Section 2714. 302.11 (1g) (b) (intro.) of the statutes is amended to read:
AB75-ASA1,1420,220 302.11 (1g) (b) (intro.) Before an incarcerated inmate with a presumptive
21mandatory release date reaches the presumptive mandatory release date specified
22under par. (am), the parole earned release review commission shall proceed under
23s. 304.06 (1) to consider whether to deny presumptive mandatory release to the
24inmate. If the parole earned release review commission does not deny presumptive
25mandatory release, the inmate shall be released on parole. The parole earned release

1review
commission may deny presumptive mandatory release to an inmate only on
2one or more of the following grounds:
AB75-ASA1, s. 2715 3Section 2715. 302.11 (1g) (b) 2. of the statutes is amended to read:
AB75-ASA1,1420,104 302.11 (1g) (b) 2. Refusal by the inmate to participate in counseling or
5treatment that the social service and clinical staff of the institution determines is
6necessary for the inmate, including pharmacological treatment using an
7antiandrogen or the chemical equivalent of an antiandrogen if the inmate is a serious
8child sex offender as defined in s. 304.06 (1q) (a). The parole earned release review
9commission may not deny presumptive mandatory release to an inmate because of
10the inmate's refusal to participate in a rehabilitation program under s. 301.047.
AB75-ASA1, s. 2716 11Section 2716. 302.11 (1g) (c) of the statutes is amended to read:
AB75-ASA1,1420,1512 302.11 (1g) (c) If the parole earned release review commission denies
13presumptive mandatory release to an inmate under par. (b), the parole earned
14release review
commission shall schedule regular reviews of the inmate's case to
15consider whether to parole the inmate under s. 304.06 (1).
AB75-ASA1, s. 2717 16Section 2717. 302.11 (1g) (d) of the statutes is amended to read:
AB75-ASA1,1420,1917 302.11 (1g) (d) An inmate may seek review of a decision by the parole earned
18release review
commission relating to the denial of presumptive mandatory release
19only by the common law writ of certiorari.
AB75-ASA1, s. 2718 20Section 2718. 302.11 (1m) of the statutes is amended to read:
AB75-ASA1,1420,2321 302.11 (1m) An inmate serving a life term is not entitled to mandatory release.
22Except as provided in ss. 939.62 (2m) (c) and 973.014, the parole earned release
23review
commission may parole the inmate as specified in s. 304.06 (1).
AB75-ASA1, s. 2719 24Section 2719. 302.11 (7) (c) of the statutes is amended to read:
AB75-ASA1,1421,3
1302.11 (7) (c) The parole earned release review commission may subsequently
2parole, under s. 304.06 (1), and the department may subsequently parole, under s.
3304.02, a parolee who is returned to prison for violation of a condition of parole.
AB75-ASA1, s. 2720 4Section 2720. 302.113 (1) of the statutes is amended to read:
AB75-ASA1,1421,155 302.113 (1) An inmate is subject to this section if he or she is serving a
6bifurcated sentence imposed under s. 973.01. An inmate convicted of a misdemeanor
7or of a Class F to Class I felony that is not a violent offense, as defined in s. 301.048
8(2) (bm) 1., and who is eligible for positive adjustment time under sub. (2) (b)
9pursuant to s. 973.01 (3d) (b) may be released to extended supervision under sub. (2)
10(b) or (9h). An inmate convicted of a Class C to Class E felony or a Class F to Class
11I felony that is a violent offense, as defined in s. 301.048 (2) (bm) 1., or a Class F to
12Class I felony that is not a violent offense, as defined under s. 301.048 (2) (bm) 1., but
13who is ineligible for positive adjustment time under sub. (2) (b) pursuant to s. 973.01
14(3d) (b) may be released to extended supervision only under sub. (2) (a) or (9h) or s.
15304.06.
AB75-ASA1, s. 2721 16Section 2721. 302.113 (2) of the statutes is renumbered 302.113 (2) (a) and
17amended to read:
AB75-ASA1,1421,2418 302.113 (2) (a) Except as provided in par. (b) and subs. (3) and (9) and s. 304.06,
19an inmate subject to this section is entitled to release to extended supervision after
20he or she has served the term of confinement in prison portion of the sentence
21imposed under s. 973.01, as modified by the department under sub. (9h), as modified
22under s. 302.1135 by the earned release review commission in the manner specified
23in s. 302.1135 (6) (a), or
as modified by the sentencing court under sub. (9g) or s.
24302.045 (3m) (b) 1., 302.05 (3) (c) 2. a., or 973.195 (1r), if applicable.
AB75-ASA1, s. 2722 25Section 2722. 302.113 (2) (b) of the statutes is created to read:
AB75-ASA1,1422,13
1302.113 (2) (b) An inmate sentenced under s. 973.01 for a misdemeanor or for
2a Class F to Class I felony, committed on or after the effective date of this paragraph
3.... [LRB inserts date], that is not a violent offense, as defined in s. 301.048 (2) (bm)
41., may earn one day of positive adjustment time for every 2 days served that he or
5she does not violate any regulation of the prison or does not refuse or neglect to
6perform required or assigned duties. An inmate convicted of a misdemeanor or a
7Class F to Class I felony, committed on or after the effective date of this paragraph
8.... [LRB inserts date], that is not a violent offense, as defined in s. 301.048 (2) (bm)
91., shall be released to extended supervision when he or she has served the term of
10confinement in prison portion of his or her bifurcated sentence, as modified by the
11sentencing court under s. 302.045 (3m) (b) 1. or 302.05 (3) (c) 2. a., if applicable, less
12positive adjustment time he or she has earned. This paragraph does not apply to any
13of the following:
AB75-ASA1,1422,1414 1. A person who is the subject of a bulletin issued under s. 301.46 (2m).
AB75-ASA1,1422,1615 2. A person who has, in his or her lifetime, been convicted of or found not guilty
16by reason of mental disease or defect of a sex offense, as defined in s. 301.45 (1d) (b).
AB75-ASA1,1422,1817 3. A person who has, in his or her lifetime, been found to have committed a sex
18offense in another jurisdiction, as defined in s. 301.45 (1d) (am).
AB75-ASA1,1422,1919 4. A person who is required to register under s. 301.45.
AB75-ASA1,1422,2020 5. A person who has, in his or her lifetime, been committed under ch. 975.
AB75-ASA1,1422,2121 6. A violent offender, as defined in s. 16.964 (12) (a).
AB75-ASA1,1422,2422 7. A person who is serving, begins to serve, or who has served during his or her
23current period of confinement, a sentence for a Class F to Class I felony that is a
24violent offense, as defined in s. 301.048 (2) (bm) 1.
AB75-ASA1,1423,2
18. A person who is serving, begins to serve, or who has served during his or her
2current period of confinement, a sentence for a Class C to Class E felony.
AB75-ASA1,1423,43 9. A person who is ineligible for positive adjustment time under this paragraph
4pursuant to s. 973.01 (3d) (b).
AB75-ASA1, s. 2722L 5Section 2722L. 302.113 (2) (c) of the statutes is created to read:
AB75-ASA1,1423,116 302.113 (2) (c) 1. When an inmate is within 90 days of release to extended
7supervision under par. (b), the department shall notify the sentencing court that it
8intends to modify the inmate's sentence and release the inmate to extended
9supervision under par. (b), and the court may hold a review hearing. If the court does
10not schedule a review hearing within 30 days after notification under this
11subsection, the department may proceed under par. (b).
AB75-ASA1,1423,1412 2. a. If the sentencing court opts to conduct a review, it shall hold the hearing
13and issue an order relating to the inmate's sentence modification and release to
14extended supervision within 60 days of its notification under subd. 1.
AB75-ASA1,1423,2215 b. At the hearing, the court may consider the inmate's conduct in prison, his
16or her level of risk of reoffending, based on a verified, objective instrument, and the
17nature of the offense committed by the inmate. The court may accept the
18department's determination that the inmate has earned positive adjustment time
19under par. (b), reject the department's determination that the inmate has earned
20positive adjustment time under par. (b), or order the inmate to remain in prison for
21a period that does not exceed the time remaining on the inmate's term of
22confinement.
AB75-ASA1, s. 2723 23Section 2723. 302.113 (3) (d) of the statutes is amended to read:
AB75-ASA1,1424,224 302.113 (3) (d) If the term of confinement in prison portion of a bifurcated
25sentence for a Class B felony is increased under this subsection, the term of extended

1supervision is reduced so that the total length of the bifurcated sentence does not
2change.
AB75-ASA1, s. 2724 3Section 2724. 302.113 (3) (e) of the statutes is created to read:
AB75-ASA1,1424,74 302.113 (3) (e) If an inmate is released to extended supervision under sub. (2)
5(b) after he or she has served less than his or her entire confinement in prison portion
6of the sentence imposed under s. 973.01, the term of extended supervision is
7increased so that the total length of the bifurcated sentence does not change.
AB75-ASA1, s. 2724h 8Section 2724h. 302.113 (3m) (a) and (b) of the statutes are created to read:
AB75-ASA1,1424,149 302.113 (3m) (a) The warden or superintendent shall keep a record of the
10conduct of each inmate who is returned to prison after revocation of extended
11supervision, specifying each infraction of the rules. If a person violates any
12regulation of the prison or refuses or neglects to participate in required programming
13or treatment, the department may extend the period imposed under sub. (9) by not
14more than 90 days.
AB75-ASA1,1424,1715 (b) No extension under par. (a) may require a person to serve more days in
16prison than the total length of the bifurcated sentence imposed on the person under
17s. 973.01.
AB75-ASA1, s. 2725 18Section 2725. 302.113 (7) of the statutes is amended to read:
AB75-ASA1,1425,219 302.113 (7) Any inmate released to extended supervision under this section is
20subject to all conditions and rules of extended supervision until the expiration of the
21term of extended supervision portion of the bifurcated sentence or until the
22department discharges the inmate under s. 973.01 (4m), whichever is appropriate
.
23The department may set conditions of extended supervision in addition to any
24conditions of extended supervision required under s. 302.116, if applicable, or set by

1the court under sub. (7m) or s. 973.01 (5) if the conditions set by the department do
2not conflict with the court's conditions.
AB75-ASA1, s. 2726 3Section 2726. 302.113 (9) (am) of the statutes is renumbered 302.113 (9) (am)
41. and amended to read:
AB75-ASA1,1425,135 302.113 (9) (am) 1. If a person released to extended supervision under this
6section or under s. 302.1135 violates a condition of extended supervision, the
7reviewing authority may revoke the extended supervision of the person. If the
8extended supervision of the person is revoked, the person shall be returned to the
9circuit court for the county in which the person was convicted of the offense for which
10he or she was on extended supervision, and the court
reviewing authority shall order
11the person to be returned to prison for any specified period of time that does not
12exceed
, except as provided in subd. 2., 6 months or the time remaining on the
13bifurcated sentence. The, whichever is less.
AB75-ASA1,1425,18 143. For purposes of subds. 1. and 2., the time remaining on the bifurcated
15sentence is the total length of the bifurcated sentence, less time served by the person
16in confinement under the sentence before release to extended supervision under sub.
17(2) and less all time served in confinement for previous revocations of extended
18supervision under the sentence.
AB75-ASA1,1425,21 194. The court order returning a person to prison under this paragraph subd. 1.
20shall provide the person whose extended supervision was revoked with credit in
21accordance with ss. 304.072 and 973.155.
AB75-ASA1, s. 2726h 22Section 2726h. 302.113 (9) (am) 2. of the statutes is created to read:
AB75-ASA1,1426,223 302.113 (9) (am) 2. The reviewing authority shall order the person whose
24extended supervision is revoked to be returned to prison for a period the department

1determines is appropriate that is more than 6 months but that does not exceed the
2time remaining on the bifurcated sentence if any of the following applies:
AB75-ASA1,1426,63 a. The department determines that the person's conduct that was the violation
4of the condition of extended supervision leading to the revocation indicates that the
5person would be a substantial risk to public safety if the period were less than 6
6months.
AB75-ASA1,1426,77 b. The person is a person specified in sub. (2) (b) 1. to 9.
AB75-ASA1, s. 2727 8Section 2727. 302.113 (9) (at) of the statutes is repealed.
AB75-ASA1, s. 2728 9Section 2728. 302.113 (9) (b) of the statutes is amended to read:
AB75-ASA1,1426,1710 302.113 (9) (b) A person who is returned to prison after revocation of extended
11supervision shall be incarcerated for the entire period of time specified by the court
12order under par. (am). The period of time specified under par. (am) may be extended
13in accordance with sub. (3) (3m). If a person is returned to prison under par. (am) for
14a period of time that is less than the time remaining on the bifurcated sentence, the
15person shall be released to extended supervision after he or she has served the period
16of time specified by the court order under par. (am) and any periods of extension
17imposed in accordance with sub. (3) (3m).
AB75-ASA1, s. 2729 18Section 2729. 302.113 (9) (c) of the statutes is amended to read:
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