Amendment ASA1-AB75

AB75-ASA1,1420,23 302.11 (1m) An inmate serving a life term is not entitled to mandatory release. Except as provided in ss. 939.62 (2m) (c) and 973.014, the parole earned release review commission may parole the inmate as specified in s. 304.06 (1).

AB75-ASA1, s. 2719 Section 2719. 302.11 (7) (c) of the statutes is amended to read:

AB75-ASA1,1421,3 302.11 (7) (c) The parole earned release review commission may subsequently parole, under s. 304.06 (1), and the department may subsequently parole, under s. 304.02, a parolee who is returned to prison for violation of a condition of parole.

AB75-ASA1, s. 2720 Section 2720. 302.113 (1) of the statutes is amended to read:

AB75-ASA1,1421,15 302.113 (1) An inmate is subject to this section if he or she is serving a bifurcated sentence imposed under s. 973.01. An inmate convicted of a misdemeanor or of a Class F to Class I felony that is not a violent offense, as defined in s. 301.048 (2) (bm) 1., and who is eligible for positive adjustment time under sub. (2) (b) pursuant to s. 973.01 (3d) (b) may be released to extended supervision under sub. (2) (b) or (9h). An inmate convicted of a Class C to Class E felony or a Class F to Class I felony that is a violent offense, as defined in s. 301.048 (2) (bm) 1., or a Class F to Class I felony that is not a violent offense, as defined under s. 301.048 (2) (bm) 1., but who is ineligible for positive adjustment time under sub. (2) (b) pursuant to s. 973.01 (3d) (b) may be released to extended supervision only under sub. (2) (a) or (9h) or s. 304.06.

AB75-ASA1, s. 2721 Section 2721. 302.113 (2) of the statutes is renumbered 302.113 (2) (a) and amended to read:

AB75-ASA1,1421,24 302.113 (2) (a) Except as provided in par. (b) and subs. (3) and (9) and s. 304.06, an inmate subject to this section is entitled to release to extended supervision after he or she has served the term of confinement in prison portion of the sentence imposed under s. 973.01, as modified by the department under sub. (9h), as modified under s. 302.1135 by the earned release review commission in the manner specified in s. 302.1135 (6) (a), or as modified by the sentencing court under sub. (9g) or s. 302.045 (3m) (b) 1., 302.05 (3) (c) 2. a., or 973.195 (1r), if applicable.

AB75-ASA1, s. 2722 Section 2722. 302.113 (2) (b) of the statutes is created to read:

AB75-ASA1,1422,13 302.113 (2) (b) An inmate sentenced under s. 973.01 for a misdemeanor or for a Class F to Class I felony, committed on or after the effective date of this paragraph .... [LRB inserts date], that is not a violent offense, as defined in s. 301.048 (2) (bm) 1., may earn one day of positive adjustment time for every 2 days served that he or she does not violate any regulation of the prison or does not refuse or neglect to perform required or assigned duties. An inmate convicted of a misdemeanor or a Class F to Class I felony, committed on or after the effective date of this paragraph .... [LRB inserts date], that is not a violent offense, as defined in s. 301.048 (2) (bm) 1., shall be released to extended supervision when he or she has served the term of confinement in prison portion of his or her bifurcated sentence, as modified by the sentencing court under s. 302.045 (3m) (b) 1. or 302.05 (3) (c) 2. a., if applicable, less positive adjustment time he or she has earned. This paragraph does not apply to any of the following:

AB75-ASA1,1422,14 1. A person who is the subject of a bulletin issued under s. 301.46 (2m).

AB75-ASA1,1422,16 2. A person who has, in his or her lifetime, been convicted of or found not guilty by reason of mental disease or defect of a sex offense, as defined in s. 301.45 (1d) (b).

AB75-ASA1,1422,18 3. A person who has, in his or her lifetime, been found to have committed a sex offense in another jurisdiction, as defined in s. 301.45 (1d) (am).

AB75-ASA1,1422,19 4. A person who is required to register under s. 301.45.

AB75-ASA1,1422,20 5. A person who has, in his or her lifetime, been committed under ch. 975.

AB75-ASA1,1422,21 6. A violent offender, as defined in s. 16.964 (12) (a).

AB75-ASA1,1422,24 7. A person who is serving, begins to serve, or who has served during his or her current period of confinement, a sentence for a Class F to Class I felony that is a violent offense, as defined in s. 301.048 (2) (bm) 1.

AB75-ASA1,1423,2 8. A person who is serving, begins to serve, or who has served during his or her current period of confinement, a sentence for a Class C to Class E felony.

AB75-ASA1,1423,4 9. A person who is ineligible for positive adjustment time under this paragraph pursuant to s. 973.01 (3d) (b).

AB75-ASA1, s. 2722L Section 2722L. 302.113 (2) (c) of the statutes is created to read:

AB75-ASA1,1423,11 302.113 (2) (c) 1. When an inmate is within 90 days of release to extended supervision under par. (b), the department shall notify the sentencing court that it intends to modify the inmate's sentence and release the inmate to extended supervision under par. (b), and the court may hold a review hearing. If the court does not schedule a review hearing within 30 days after notification under this subsection, the department may proceed under par. (b).

AB75-ASA1,1423,14 2. a. If the sentencing court opts to conduct a review, it shall hold the hearing and issue an order relating to the inmate's sentence modification and release to extended supervision within 60 days of its notification under subd. 1.

AB75-ASA1,1423,22 b. At the hearing, the court may consider the inmate's conduct in prison, his or her level of risk of reoffending, based on a verified, objective instrument, and the nature of the offense committed by the inmate. The court may accept the department's determination that the inmate has earned positive adjustment time under par. (b), reject the department's determination that the inmate has earned positive adjustment time under par. (b), or order the inmate to remain in prison for a period that does not exceed the time remaining on the inmate's term of confinement.

AB75-ASA1, s. 2723 Section 2723. 302.113 (3) (d) of the statutes is amended to read:

AB75-ASA1,1424,2 302.113 (3) (d) If the term of confinement in prison portion of a bifurcated sentence for a Class B felony is increased under this subsection, the term of extended supervision is reduced so that the total length of the bifurcated sentence does not change.

AB75-ASA1, s. 2724 Section 2724. 302.113 (3) (e) of the statutes is created to read:

AB75-ASA1,1424,7 302.113 (3) (e) If an inmate is released to extended supervision under sub. (2) (b) after he or she has served less than his or her entire confinement in prison portion of the sentence imposed under s. 973.01, the term of extended supervision is increased so that the total length of the bifurcated sentence does not change.

AB75-ASA1, s. 2724h Section 2724h. 302.113 (3m) (a) and (b) of the statutes are created to read:

AB75-ASA1,1424,14 302.113 (3m) (a) The warden or superintendent shall keep a record of the conduct of each inmate who is returned to prison after revocation of extended supervision, specifying each infraction of the rules. If a person violates any regulation of the prison or refuses or neglects to participate in required programming or treatment, the department may extend the period imposed under sub. (9) by not more than 90 days.

AB75-ASA1,1424,17 (b) No extension under par. (a) may require a person to serve more days in prison than the total length of the bifurcated sentence imposed on the person under s. 973.01.

AB75-ASA1, s. 2725 Section 2725. 302.113 (7) of the statutes is amended to read:

AB75-ASA1,1425,2 302.113 (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 or until the department discharges the inmate under s. 973.01 (4m), whichever is appropriate. 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. (7m) or s. 973.01 (5) if the conditions set by the department do not conflict with the court's conditions.

AB75-ASA1, s. 2726 Section 2726. 302.113 (9) (am) of the statutes is renumbered 302.113 (9) (am) 1. and amended to read:

AB75-ASA1,1425,13 302.113 (9) (am) 1. If a person released to extended supervision under this section or under s. 302.1135 violates a condition of extended supervision, the reviewing authority may revoke the extended supervision of the person. If the extended supervision of the person is revoked, the person shall be returned to the circuit court for the county in which the person was convicted of the offense for which he or she was on extended supervision, and the court reviewing authority shall order the person to be returned to prison for any specified period of time that does not exceed, except as provided in subd. 2., 6 months or the time remaining on the bifurcated sentence. The, whichever is less.

AB75-ASA1,1425,18 3. For purposes of subds. 1. and 2., the time remaining on the bifurcated sentence is the total length of the bifurcated sentence, less time served by the person in 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.

AB75-ASA1,1425,21 4. The court order returning a person to prison under this paragraph subd. 1. shall provide the person whose extended supervision was revoked with credit in accordance with ss. 304.072 and 973.155.

AB75-ASA1, s. 2726h Section 2726h. 302.113 (9) (am) 2. of the statutes is created to read:

AB75-ASA1,1426,2 302.113 (9) (am) 2. The reviewing authority shall order the person whose extended supervision is revoked to be returned to prison for a period the department determines is appropriate that is more than 6 months but that does not exceed the time remaining on the bifurcated sentence if any of the following applies:

AB75-ASA1,1426,6 a. The department determines that the person's conduct that was the violation of the condition of extended supervision leading to the revocation indicates that the person would be a substantial risk to public safety if the period were less than 6 months.

AB75-ASA1,1426,7 b. The person is a person specified in sub. (2) (b) 1. to 9.

AB75-ASA1, s. 2727 Section 2727. 302.113 (9) (at) of the statutes is repealed.

AB75-ASA1, s. 2728 Section 2728. 302.113 (9) (b) of the statutes is amended to read:

AB75-ASA1,1426,17 302.113 (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 court order under par. (am). The period of time specified under par. (am) may be extended in accordance with sub. (3) (3m). 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 by the court order under par. (am) and any periods of extension imposed in accordance with sub. (3) (3m).

AB75-ASA1, s. 2729 Section 2729. 302.113 (9) (c) of the statutes is amended to read:

AB75-ASA1,1427,3 302.113 (9) (c) A person who is subsequently released to extended supervision after service of the period of time specified by the court order under par. (am) is subject to all conditions and rules under subs. (7) and, if applicable, (7m) until the expiration of the remaining extended supervision portion of the bifurcated sentence or until the department discharges the person under s. 973.01 (4m), whichever is appropriate. 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 previous revocations of extended supervision under the bifurcated sentence.

AB75-ASA1, s. 2729j Section 2729j. 302.113 (9g) (a) (intro.) of the statutes is renumbered 302.1135 (1) (intro.) and amended to read:

AB75-ASA1,1427,6 302.1135 (1) (intro.) In this subsection section:

AB75-ASA1, s. 2729L Section 2729L. 302.113 (9g) (a) 1. of the statutes is repealed.

AB75-ASA1, s. 2729p Section 2729p. 302.113 (9g) (a) 2. of the statutes is renumbered 302.1135 (1) (b) and amended to read:

AB75-ASA1,1427,16 302.1135 (1) (b) "Terminal condition" "Extraordinary health condition" means an incurable a condition afflicting a person, caused by injury, disease, or illness, as a result of which the person has a medical prognosis that his or her life expectancy is 6 months or less, even with available life-sustaining treatment provided in accordance with the prevailing standard of medical care such as advanced age, infirmity, or disability of the person or a need for medical treatment or services not available within a correctional institution.

AB75-ASA1, s. 2729r Section 2729r. 302.113 (9g) (b) (intro.) of the statutes is renumbered 302.1135 (2) (intro.) and amended to read:

AB75-ASA1,1427,23 302.1135 (2) (intro.) An inmate who is serving a bifurcated sentence for a crime other than a Class B felony imposed under s. 973.01 or, notwithstanding s. 973.014 (1g) (a) or (2), an inmate who is serving a life sentence imposed under s. 973.014 may seek modification of the bifurcated sentence in the manner specified in par. (f) sub. (6) if he or she meets one of the following criteria:

AB75-ASA1, s. 2729t Section 2729t. 302.113 (9g) (b) 1. of the statutes is renumbered 302.1135 (2) (a) and amended to read:

AB75-ASA1,1428,4 302.1135 (2) (a) The inmate is 65 years of age or older and has served at least 5 years of the term of confinement in prison portion of the bifurcated sentence for a sentence imposed under s. 973.01 or has served at least 5 years in prison for a life sentence imposed under s. 973.014.

AB75-ASA1, s. 2729v Section 2729v. 302.113 (9g) (b) 2. of the statutes is renumbered 302.1135 (2) (b) and amended to read:

AB75-ASA1,1428,10 302.1135 (2) (b) The inmate is 60 years of age or older and has served at least 10 years of the term of confinement in prison portion of the bifurcated sentence for a sentence imposed under s. 973.01 or has served at least 10 years in prison for a life sentence imposed under s. 973.014.

AB75-ASA1, s. 2729x Section 2729x. 302.113 (9g) (b) 3. of the statutes is renumbered 302.1135 (2) (c) and amended to read:

AB75-ASA1,1428,13 302.1135 (2) (c) The inmate has a terminal an extraordinary health condition.

AB75-ASA1, s. 2729y Section 2729y. 302.113 (9g) (c) of the statutes is renumbered 302.1135 (3) and amended to read:

AB75-ASA1,1428,22 302.1135 (3) An inmate who meets the criteria under par. (b) sub. (2) may submit a petition to the program review committee at the correctional institution in which the inmate is confined commission requesting a modification of the inmate's bifurcated sentence in the manner specified in par. (f) sub. (6). If the inmate alleges in the petition that he or she has a terminal an extraordinary health condition, the inmate shall attach to the petition affidavits from 2 physicians setting forth a diagnosis that the inmate has a terminal an extraordinary health condition.

AB75-ASA1, s. 2730 Section 2730. 302.113 (9g) (cm) of the statutes is repealed.

AB75-ASA1, s. 2731 Section 2731. 302.113 (9g) (d) of the statutes is renumbered 302.1135 (4) and amended to read:

AB75-ASA1,1429,12 302.1135 (4) When a court is notified by the department that it is referring to the court the commission receives under sub. (3) an inmate's petition for modification of the inmate's bifurcated sentence, the court commission shall set a hearing to determine whether the public interest would be served by a modification of the inmate's bifurcated sentence in the manner specified in par. (f) sub. (6). The inmate and the district attorney have the right to be present at the hearing, and any victim of the inmate's crime has the right to be present at the hearing and to provide a statement concerning the modification of the inmate's bifurcated sentence. The court commission shall order such notice of the hearing date as it considers adequate to be given to the department, the inmate, the attorney representing the inmate, if applicable, and the district attorney. Victim notification shall be provided as specified under par. (g) sub. (7).

AB75-ASA1, s. 2732 Section 2732. 302.113 (9g) (e) of the statutes is renumbered 302.1135 (5) and amended to read:

AB75-ASA1,1429,23 302.1135 (5) At a hearing scheduled under par. (d) sub. (4), the inmate has the burden of proving by the greater weight of the credible evidence that a modification of the bifurcated sentence in the manner specified in par. (f) sub. (6) would serve the public interest. If the inmate proves that a modification of the bifurcated sentence in the manner specified in par. (f) sub. (6) would serve the public interest, the court commission shall modify the inmate's bifurcated sentence in that manner. If the inmate does not prove that a modification of the bifurcated sentence in the manner specified in par. (f) sub. (6) would serve the public interest, the court commission shall deny the inmate's petition for modification of the bifurcated sentence.

AB75-ASA1, s. 2733c Section 2733c. 302.113 (9g) (f) (intro.) of the statutes is renumbered 302.1135 (6) (intro.) and amended to read:

AB75-ASA1,1430,2 302.1135 (6) (intro.) A court The commission may modify an inmate's bifurcated sentence under this section only as follows:

AB75-ASA1, s. 2733e Section 2733e. 302.113 (9g) (f) 1. and 2. of the statutes are renumbered 302.1135 (6) (a) 1. and 2. and amended to read:

AB75-ASA1,1430,8 302.1135 (6) (a) 1. The court shall reduce Reduce the term of confinement in prison portion of the inmate's bifurcated sentence in a manner that provides for the release of the inmate to extended supervision within 30 days after the date on which the court issues its order modifying commission modifies the bifurcated sentence.

AB75-ASA1,1430,10 2. The court shall lengthen Lengthen the term of extended supervision imposed so that the total length of the bifurcated sentence originally imposed does not change.

AB75-ASA1, s. 2733h Section 2733h. 302.113 (9g) (g) 1. of the statutes is renumbered 302.1135 (7) (a) and amended to read:

AB75-ASA1,1430,14 302.1135 (7) (a) In this paragraph subsection, "victim" has the meaning given in s. 950.02 (4).

AB75-ASA1, s. 2734b Section 2734b. 302.113 (9g) (g) 2. and 3. of the statutes are renumbered 302.1135 (7) (b) and (c) and amended to read:

AB75-ASA1,1431,2 302.1135 (7) (b) When a court the commission sets a hearing date under par. (d) sub. (4), the clerk of the circuit court commission shall send a notice of hearing to the victim of the crime committed by the inmate, if the victim has submitted a card under subd. 3. par. (c) requesting notification. The notice shall inform the victim that he or she may appear at the hearing scheduled under par. (d) sub. (4) and shall inform the victim of the manner in which he or she may provide a statement concerning the modification of the inmate's bifurcated sentence in the manner provided in par. (f) sub. (6). The clerk of the circuit court commission shall make a reasonable attempt to send the notice of hearing to the last-known address of the inmate's victim, postmarked at least 10 days before the date of the hearing.

AB75-ASA1,1431,19 (c) The director of state courts commission shall design and prepare cards for a victim to send to the clerk of the circuit court for the county in which the inmate was convicted and sentenced commission. The cards shall have space for a victim to provide his or her name and address, the name of the applicable inmate, and any other information that the director of state courts commission determines is necessary. The director of state courts commission shall provide the cards, without charge, to clerks of circuit court. Clerks of circuit court district attorneys. District attorneys shall provide the cards, without charge, to victims. Victims may send completed cards to the clerk of the circuit court for the county in which the inmate was convicted and sentenced commission. All court commission records or portions of records that relate to mailing addresses of victims are not subject to inspection or copying under s. 19.35 (1). Before any written statement of a victim is made a part of the documentary record considered in connection with a hearing under this section, the commission shall obliterate from the statement all references to the mailing addresses of the victim. A victim who attends an interview or hearing under this section may not be required to disclose at the interview or hearing his or her mailing addresses.

AB75-ASA1, s. 2736 Section 2736. 302.113 (9g) (h) of the statutes is renumbered 302.1135 (8) and amended to read:

AB75-ASA1,1432,5 302.1135 (8) An inmate may appeal a court's decision to deny the inmate's petition for modification of his or her bifurcated sentence seek review of a decision under sub. (5) to deny the inmate's petition for modification of the inmate's sentence only by the common law writ of certiorari. The state may appeal a court's decision under sub. (5) to grant an inmate's petition for a modification of the inmate's bifurcated sentence. In an appeal under this paragraph subsection, the appellate reviewing court may reverse a decision granting or denying a petition for modification of a bifurcated sentence only if it determines that the sentencing court commission erroneously exercised its discretion in granting or denying the petition.

AB75-ASA1, s. 2737 Section 2737. 302.113 (9g) (i) of the statutes is renumbered 302.1135 (9) and amended to read:

AB75-ASA1,1432,13 302.1135 (9) If the program review committee commission denies an inmate's petition under par. (cm) sub. (5), the inmate may not file another petition within one year after the date of the program review committee's denial. If the program review committee approves an inmate's petition for referral to the sentencing court under par. (cm) but the sentencing court denies the petition, the inmate may not file another petition under par. (cm) within one year after the date of the court's decision.

AB75-ASA1, s. 2738 Section 2738. 302.113 (9g) (j) of the statutes is renumbered 302.1135 (10) and amended to read:

AB75-ASA1,1432,25 302.1135 (10) An inmate eligible to seek modification of his or her bifurcated sentence under this subsection section has a right to be represented by counsel in proceedings under this subsection section. An inmate, or the department on the inmate's behalf, may apply to the state public defender for determination of indigency and appointment of counsel under s. 977.05 (4) (jm) before or after the filing of a petition with the program review committee commission under par. (c). If an inmate whose petition has been referred to the court under par. (cm) is without counsel, the court shall refer the matter to the state public defender for determination of indigency and appointment of counsel under s. 977.05 (4) (jm) sub. (3).

AB75-ASA1, s. 2739 Section 2739. 302.113 (9h) of the statutes is created to read:

AB75-ASA1,1433,4 302.113 (9h) (a) The department may release to extended supervision certain persons serving the confinement portion of a bifurcated sentence using the sentence modification procedure described in this subsection.

AB75-ASA1,1433,6 (b) The department shall promulgate rules for the determination of whether a bifurcated sentence should be modified under this subsection.

AB75-ASA1,1433,9 (c) A person who is serving the confinement portion of a bifurcated sentence is eligible for sentence modification under this subsection if all of the following conditions are met:

AB75-ASA1,1433,12 1. The person is serving the confinement portion of a bifurcated sentence for a misdemeanor or a Class F to Class I felony that is not a violent offense, as defined in s. 301.048 (2) (bm) 1.

AB75-ASA1,1433,15 2. The prison social worker or extended supervision agent of record has reason to believe that the person will be able to maintain himself or herself while not confined without engaging in assaultive activity.

AB75-ASA1,1433,17 3. The release to extended supervision date is not more than 12 months before the person's extended supervision eligibility date.

AB75-ASA1,1433,21 (d) If the conditions under pars. (b) and (c) are met, the department may modify, in the manner specified under par. (e), the sentence of any person by releasing him or her to extended supervision under this subsection, and, if the department releases the person to extended supervision, the department shall:

AB75-ASA1,1433,23 1. Notify the office of the court that participated in the trial or that accepted the person's plea of guilty or no contest, whichever is applicable.