AB75-ASA1, s. 2744 19Section 2744. 304.01 (2) (intro.) of the statutes is amended to read:
AB75-ASA1,1438,220 304.01 (2) (intro.) The parole earned release review commission shall conduct
21regularly scheduled interviews to consider the parole or release to extended
22supervision
of eligible inmates of the adult correctional institutions under the
23control of the department of corrections, eligible inmates transferred under ch. 51
24and under the control of the department of health services and eligible inmates in

1any county house of correction. The department of corrections shall provide all of the
2following to the parole earned release review commission:
AB75-ASA1, s. 2745 3Section 2745. 304.01 (2) (b) of the statutes is amended to read:
AB75-ASA1,1438,64 304.01 (2) (b) Scheduling assistance for parole interviews for prisoners who
5have applied for parole or release to extended supervision
at the correctional
6institutions.
AB75-ASA1, s. 2746 7Section 2746. 304.01 (2) (c) of the statutes is amended to read:
AB75-ASA1,1438,98 304.01 (2) (c) Clerical support related to the parole interviews for prisoners who
9have applied for parole or release to extended supervision
.
AB75-ASA1, s. 2747 10Section 2747. 304.01 (2) (d) of the statutes is amended to read:
AB75-ASA1,1438,1311 304.01 (2) (d) Appropriate physical space at the correctional institutions to
12conduct the parole interviews for prisoners who have applied for parole or release to
13extended supervision
.
AB75-ASA1, s. 2748 14Section 2748. 304.06 (title) of the statutes is amended to read:
AB75-ASA1,1438,16 15304.06 (title) Paroles Release to parole or extended supervision from
16state prisons and house of correction.
AB75-ASA1, s. 2749 17Section 2749. 304.06 (1) (a) 1. of the statutes is amended to read:
AB75-ASA1,1438,1918 304.06 (1) (a) 1. "Member of the family" means spouse, domestic partner under
19ch. 770,
child, sibling, parent or legal guardian.
AB75-ASA1, s. 2750 20Section 2750. 304.06 (1) (b) of the statutes is amended to read:
AB75-ASA1,1439,1221 304.06 (1) (b) Except as provided in s. 961.49 (2), 1999 stats., sub. (1m) or s.
22302.045 (3), 302.05 (3) (b), 973.01 (6), or 973.0135, the parole earned release review
23commission may parole an inmate of the Wisconsin state prisons or any felon or any
24person serving at least one year or more in a county house of correction or a county
25reforestation camp organized under s. 303.07, when he or she has served 25% of the

1sentence imposed for the offense, or 6 months, whichever is greater. Except as
2provided in s. 939.62 (2m) (c) or 973.014 (1) (b) or (c), (1g) or (2), the parole earned
3release review
commission may parole an inmate serving a life term when he or she
4has served 20 years, as modified by the formula under s. 302.11 (1) and subject to
5extension under s. 302.11 (1q) and (2), if applicable. The person serving the life term
6shall be given credit for time served prior to sentencing under s. 973.155, including
7good time under s. 973.155 (4). The secretary may grant special action parole
8releases under s. 304.02. The department or the parole earned release review
9commission shall not provide any convicted offender or other person sentenced to the
10department's custody any parole eligibility or evaluation for parole or release to
11extended supervision
until the person has been confined at least 60 days following
12sentencing.
AB75-ASA1, s. 2751 13Section 2751. 304.06 (1) (bg) of the statutes is created to read:
AB75-ASA1,1440,214 304.06 (1) (bg) 1. A person sentenced under s. 973.01 for a Class F to Class I
15felony or a misdemeanor, committed on or after the effective date of this subdivision
16.... [LRB inserts date], that is not a violent offense, as defined in s. 301.048 (2) (bm)
171., and who is ineligible for positive adjustment time under s. 302.113 (2) (b) pursuant
18to s. 973.01 (3d) (b) or for a Class F to Class I felony that is a violent offense, as defined
19in s. 301.048 (2) (bm) 1., may earn one day of positive adjustment time for every 3
20days served that he or she does not violate any regulation of the prison or does not
21refuse or neglect to perform required or assigned duties. The person may petition
22the earned release review commission for release to extended supervision when he
23or she has served the term of confinement in prison portion of his or her bifurcated
24sentence, as modified by the sentencing court under s. 302.045 (3m) (b) 1. or 302.05

1(3) (c) 2. a., less positive adjustment time he or she has earned. This subdivision does
2not apply to any of the following:
AB75-ASA1,1440,33 a. A person who is the subject of a bulletin issued under s. 301.46 (2m).
AB75-ASA1,1440,54 b. A person who has, in his or her lifetime, been convicted of or found not guilty
5by reason of mental disease or defect of a sex offense, as defined in s. 301.45 (1d) (b).
AB75-ASA1,1440,76 c. A person who has, in his or her lifetime, been found to have committed a sex
7offense in another jurisdiction, as defined in s. 301.45 (1d) (am).
AB75-ASA1,1440,88 d. A person who is required to register under s. 301.45.
AB75-ASA1,1440,99 e. A person who has, in his or her lifetime, been committed under ch. 975.
AB75-ASA1,1440,1110 f. A person who is serving, begins to serve, or who has served during his or her
11current period of confinement, a sentence for a Class C to Class E felony.
AB75-ASA1,1440,2112 2. A person sentenced under s. 973.01 for a Class C to Class E felony committed
13on or after the effective date of this subdivision .... [LRB inserts date], may earn one
14day of positive adjustment time for every 5.7 days served that he or she does not
15violate any regulation of the prison or does not refuse or neglect to perform required
16or assigned duties. An inmate convicted of a Class C to Class E felony may petition
17the earned release review commission for release to extended supervision when he
18or she has served the term of confinement in prison portion of his or her bifurcated
19sentence, as modified by the sentencing court under s. 302.045 (3m) (b) 1. or 302.05
20(3) (c) 2. a., less positive adjustment time he or she has earned. This subdivision does
21not apply to any of the following:
AB75-ASA1,1440,2222 a. A person who is the subject of a bulletin issued under s. 301.46 (2m).
AB75-ASA1,1440,2423 b. A person who has, in his or her lifetime, been convicted of or found not guilty
24by reason of mental disease or defect of a sex offense, as defined in s. 301.45 (1d) (b).
AB75-ASA1,1441,2
1c. A person who has, in his or her lifetime, been found to have committed a sex
2offense in another jurisdiction, as defined in s. 301.45 (1d) (am).
AB75-ASA1,1441,33 d. A person who is required to register under s. 301.45.
AB75-ASA1,1441,44 e. A person who has, in his or her lifetime, been committed under ch. 975.
AB75-ASA1,1441,145 3. A person sentenced under s. 973.01 for a misdemeanor or for a Class F to
6Class I felony committed prior to the effective date of this subdivision .... [LRB inserts
7date], and who has not petitioned a sentencing court for a sentence adjustment under
8s. 973.195 (1r) for any offense for which he or she is incarcerated may apply for
9release to extended supervision when he or she has served at least 75 percent of the
10term of confinement 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. or as modified by
12the department under s. 302.113 (9g), if applicable. This subdivision does not apply
13to a person who is serving, begins to serve, or who has served during his or her
14current period of confinement, a sentence for a Class C to Class E felony.
AB75-ASA1,1441,2215 4. A person sentenced under s. 973.01 for a Class C to Class E felony committed
16prior to the effective date of this subdivision .... [LRB inserts date], and who has not
17petitioned a sentencing court for a sentence adjustment under s. 973.195 (1r) for any
18offense for which he or she is incarcerated may apply for release to extended
19supervision when he or she has served at least 85 percent of the term of confinement
20portion of his or her bifurcated sentence, as modified by the sentencing court under
21s. 302.045 (3m) (b) 1. or 302.05 (3) (c) 2. a. or as modified by the department under
22s. 302.113 (9g), if applicable.
AB75-ASA1, s. 2751m 23Section 2751m. 304.06 (1) (bk) of the statutes is created to read:
AB75-ASA1,1442,524 304.06 (1) (bk) 1. When an inmate is within 90 days of release to extended
25supervision under par. (bg), the earned release review committee shall notify the

1sentencing court that it intends to modify the inmate's sentence and release the
2inmate to extended supervision under par. (bg), and the court may hold a review
3hearing. If the court does not schedule a review hearing within 30 days after
4notification under this subsection, the earned release review committee may proceed
5under par. (bg).
AB75-ASA1,1442,86 2. a. If the sentencing court opts to conduct a review, it shall hold the hearing
7and issue an order relating to the inmate's sentence modification and release to
8extended supervision within 60 days of its notification under subd. 1.
AB75-ASA1,1442,169 b. At the hearing, the court may consider the inmate's conduct in prison, his
10or her level of risk of reoffending, based on a verified, objective instrument, and the
11nature of the offense committed by the inmate. The court may accept the earned
12release review committee's determination that the inmate has earned positive
13adjustment time under par. (bg), reject the earned release review committee's
14determination that the inmate has earned positive adjustment time under par. (bg),
15or order the inmate to remain in prison for a period that does not exceed the time
16remaining on the inmate's term of confinement.
AB75-ASA1, s. 2752 17Section 2752. 304.06 (1) (bn) of the statutes is created to read:
AB75-ASA1,1442,2018 304.06 (1) (bn) The earned release review commission may consider any of the
19following as a ground for a petition under par. (bg) for release to extended
20supervision:
AB75-ASA1,1442,2321 1. The inmate's conduct, efforts at and progress in rehabilitation, or
22participation and progress in education, treatment, or other correctional programs
23since he or she was sentenced.
AB75-ASA1,1442,2524 2. The inmate is subject to a sentence of confinement in another state or the
25inmate is in the United States illegally and may be deported.
AB75-ASA1,1442,26
13. Sentence adjustment is otherwise in the interests of justice.
AB75-ASA1, s. 2753 2Section 2753. 304.06 (1) (br) of the statutes is created to read:
AB75-ASA1,1443,43 304.06 (1) (br) The earned release review commission may reduce the term of
4confinement of a person who petitions under par. (bg) only as follows:
AB75-ASA1,1443,85 1. If the inmate is serving the term of confinement in prison portion of the
6sentence, a reduction in the term of confinement in prison by the amount of time
7remaining in the term of confinement in prison portion of the sentence, less up to 30
8days, and a corresponding increase in the term of extended supervision.
AB75-ASA1,1443,129 2. If the inmate is confined in prison upon revocation of extended supervision,
10a reduction in the amount of time remaining in the period of confinement in prison
11imposed upon revocation, less up to 30 days, and a corresponding increase in the term
12of extended supervision.
AB75-ASA1, s. 2754 13Section 2754. 304.06 (1) (c) (intro.) of the statutes is amended to read:
AB75-ASA1,1443,1714 304.06 (1) (c) (intro.) If an inmate applies for parole or release to extended
15supervision
under this subsection, the parole earned release review commission
16shall make a reasonable attempt to notify the following, if they can be found, in
17accordance with par. (d):
AB75-ASA1, s. 2755 18Section 2755. 304.06 (1) (d) 1. of the statutes is amended to read:
AB75-ASA1,1444,519 304.06 (1) (d) 1. The notice under par. (c) shall inform the offices and persons
20under par. (c) 1. to 3. of the manner in which they may provide written statements
21under this subsection, shall inform persons under par. (c) 3. of the manner in which
22they may attend interviews or hearings and make statements under par. (eg) and
23shall inform persons under par. (c) 3. who are victims, or family members of victims,
24of crimes specified in s. 940.01, 940.03, 940.05, 940.225 (1) or, (2), or (3), 948.02 (1)
25or (2), 948.025, 948.06 or 948.07 of the manner in which they may have direct input

1in the parole decision-making process under par. (em) for parole or release to
2extended supervision
. The parole earned release review commission shall provide
3notice under this paragraph for an inmate's first application for parole or release to
4extended supervision
and, upon request, for subsequent applications for parole or
5release to extended supervision
.
AB75-ASA1, s. 2756 6Section 2756. 304.06 (1) (d) 2. of the statutes is amended to read:
AB75-ASA1,1444,97 304.06 (1) (d) 2. The notice shall be by 1st class mail to an office's or a person's
8last-known address sent at least 3 weeks before the interview or hearing upon the
9parole application for parole or release to extended supervision.
AB75-ASA1, s. 2757 10Section 2757. 304.06 (1) (d) 3m. of the statutes is amended to read:
AB75-ASA1,1444,1311 304.06 (1) (d) 3m. If applicable, the notice shall state the manner in which the
12person may have direct input in the parole decision-making process for parole or
13release to extended supervision
.
AB75-ASA1, s. 2758 14Section 2758. 304.06 (1) (d) 4. of the statutes is amended to read:
AB75-ASA1,1444,1815 304.06 (1) (d) 4. If the notice is for a first application for parole or release to
16extended supervision
, the notice shall inform the offices and persons under par. (c)
171. to 3. that notification of subsequent applications for parole or release to extended
18supervision
will be provided only upon request.
AB75-ASA1, s. 2759 19Section 2759. 304.06 (1) (e) of the statutes is amended to read:
AB75-ASA1,1445,220 304.06 (1) (e) The parole earned release review commission shall permit any
21office or person under par. (c) 1. to 3. to provide written statements. The parole
22earned release review commission shall give consideration to any written statements
23provided by any such office or person and received on or before the date specified in
24the notice. This paragraph does not limit the authority of the parole earned release

1review
commission to consider other statements or information that it receives in a
2timely fashion.
AB75-ASA1, s. 2760 3Section 2760. 304.06 (1) (eg) of the statutes is amended to read:
AB75-ASA1,1445,74 304.06 (1) (eg) The parole earned release review commission shall permit any
5person under par. (c) 3. to attend any interview or hearing on the parole application
6for parole or release to extended supervision
of an applicable inmate and to make a
7statement at that interview or hearing.
AB75-ASA1, s. 2761 8Section 2761. 304.06 (1) (em) of the statutes is amended to read:
AB75-ASA1,1445,139 304.06 (1) (em) The parole earned release review commission shall promulgate
10rules that provide a procedure to allow any person who is a victim, or a family
11member of a victim, of a crime specified in s. 940.01, 940.03, 940.05, 940.225 (1) or,
12(2), or (3), 948.02 (1) or (2), 948.025, 948.06 or 948.07 to have direct input in the parole
13decision-making process for parole or release to extended supervision.
AB75-ASA1, s. 2762 14Section 2762. 304.06 (1) (f) of the statutes is amended to read:
AB75-ASA1,1446,615 304.06 (1) (f) The parole earned release review commission shall design and
16prepare cards for persons specified in par. (c) 3. to send to the commission. The cards
17shall have space for these persons to provide their names and addresses, the name
18of the applicable prisoner and any other information the parole earned release
19review
commission determines is necessary. The parole earned release review
20commission shall provide the cards, without charge, to district attorneys. District
21attorneys shall provide the cards, without charge, to persons specified in par. (c) 3.
22These persons may send completed cards to the parole earned release review
23commission. All commission records or portions of records that relate to mailing
24addresses of these persons are not subject to inspection or copying under s. 19.35 (1).
25Before any written statement of a person specified in par. (c) 3. is made a part of the

1documentary record considered in connection with a parole hearing for parole, or
2release to extended supervision
under this section, the parole earned release review
3commission shall obliterate from the statement all references to the mailing
4addresses of the person. A person specified in par. (c) 3. who attends an interview
5or hearing under par. (eg) may not be required to disclose at the interview or hearing
6his or her mailing addresses.
AB75-ASA1, s. 2763 7Section 2763. 304.06 (1) (g) of the statutes is amended to read:
AB75-ASA1,1446,148 304.06 (1) (g) Before a person is released on parole or released to extended
9supervision
under this subsection, the parole earned release review commission
10shall so notify the municipal police department and the county sheriff for the area
11where the person will be residing. The notification requirement under this
12paragraph does not apply if a municipal department or county sheriff submits to the
13parole earned release review commission a written statement waiving the right to
14be notified. If applicable, the department shall also comply with s. 304.063.
AB75-ASA1, s. 2764 15Section 2764. 304.06 (1m) (intro.) of the statutes is amended to read:
AB75-ASA1,1446,1816 304.06 (1m) (intro.) The parole earned release review commission may waive
17the 25% or 6-month service of sentence requirement under sub. (1) (b) under any of
18the following circumstances:
AB75-ASA1, s. 2765 19Section 2765. 304.06 (1q) (b) of the statutes is amended to read:
AB75-ASA1,1446,2520 304.06 (1q) (b) The parole earned release review commission or the department
21may require as a condition of parole that a serious child sex offender undergo
22pharmacological treatment using an antiandrogen or the chemical equivalent of an
23antiandrogen. This paragraph does not prohibit the department from requiring
24pharmacological treatment using an antiandrogen or the chemical equivalent of an
25antiandrogen as a condition of probation.
AB75-ASA1, s. 2766
1Section 2766. 304.06 (1q) (c) of the statutes is amended to read:
AB75-ASA1,1447,72 304.06 (1q) (c) In deciding whether to grant a serious child sex offender release
3on parole under this subsection, the parole earned release review commission may
4not consider, as a factor in making its decision, that the offender is a proper subject
5for pharmacological treatment using an antiandrogen or the chemical equivalent of
6an antiandrogen or that the offender is willing to participate in pharmacological
7treatment using an antiandrogen or the chemical equivalent of an antiandrogen.
AB75-ASA1, s. 2767 8Section 2767. 304.06 (1x) of the statutes is amended to read:
AB75-ASA1,1447,129 304.06 (1x) The parole earned release review commission may require as a
10condition of parole that the person is placed in the intensive sanctions program under
11s. 301.048. In that case, the person is in the legal custody of the department under
12that section and is subject to revocation of parole under sub. (3).
AB75-ASA1, s. 2768 13Section 2768. 304.06 (2m) (d) of the statutes is amended to read:
AB75-ASA1,1447,1614 304.06 (2m) (d) The parole earned release review commission or the
15department shall determine a prisoner's county of residence for the purposes of this
16subsection by doing all of the following:
AB75-ASA1,1447,2017 1. The parole earned release review commission or the department shall
18consider residence as the voluntary concurrence of physical presence with intent to
19remain in a place of fixed habitation and shall consider physical presence as prima
20facie evidence of intent to remain.
AB75-ASA1,1447,2421 2. The parole earned release review commission or the department shall apply
22the criteria for consideration of residence and physical presence under subd. 1. to the
23facts that existed on the date that the prisoner committed the serious sex offense that
24resulted in the sentence the prisoner is serving.
AB75-ASA1, s. 2769 25Section 2769. 304.06 (3) of the statutes is amended to read:
AB75-ASA1,1448,25
1304.06 (3) Every paroled prisoner paroled or released to extended supervision
2remains in the legal custody of the department unless otherwise provided by the
3department. If the department alleges that any condition or rule of parole or
4extended supervision
has been violated by the prisoner, the department may take
5physical custody of the prisoner for the investigation of the alleged violation. If the
6department is satisfied that any condition or rule of parole or extended supervision
7has been violated it shall afford the prisoner such administrative hearings as are
8required by law. Unless waived by the parolee or person on extended supervision,
9the final administrative hearing shall be held before a hearing examiner from the
10division of hearings and appeals in the department of administration who is licensed
11to practice law in this state. The hearing examiner shall enter an order revoking or
12not revoking parole or extended supervision. Upon request by either party, the
13administrator of the division of hearings and appeals shall review the order. The
14hearing examiner may order that a deposition be taken by audiovisual means and
15allow the use of a recorded deposition under s. 967.04 (7) to (10). If the parolee or
16person on extended supervision
waives the final administrative hearing, the
17secretary of corrections shall enter an order revoking or not revoking parole or
18extended supervision
. If the examiner, the administrator upon review, or the
19secretary in the case of a waiver finds that the prisoner has violated the rules or
20conditions of parole or extended supervision, the examiner, the administrator upon
21review, or the secretary in the case of a waiver, may order the prisoner returned to
22prison to continue serving his or her sentence, or to continue on parole or extended
23supervision
. If the prisoner claims or appears to be indigent, the department shall
24refer the prisoner to the authority for indigency determinations specified under s.
25977.07 (1).
AB75-ASA1, s. 2770
1Section 2770. 304.06 (3e) of the statutes is amended to read:
AB75-ASA1,1449,92 304.06 (3e) The division of hearings and appeals in the department of
3administration shall make either an electronic or stenographic record of all
4testimony at each parole or extended supervision revocation hearing. The division
5shall prepare a written transcript of the testimony only at the request of a judge who
6has granted a petition for judicial review of the revocation decision. Each hearing
7notice shall include notice of the provisions of this subsection and a statement that
8any person who wants a written transcript may record the hearing at his or her own
9expense.
AB75-ASA1, s. 2771 10Section 2771. 304.06 (3m) of the statutes is amended to read:
AB75-ASA1,1449,1311 304.06 (3m) If the convicting court is informed by the department that a
12prisoner on parole or extended supervision has absconded and that the prisoner's
13whereabouts are unknown, the court may issue a capias for execution by the sheriff.
AB75-ASA1, s. 2772 14Section 2772. 304.071 (1) of the statutes is amended to read:
AB75-ASA1,1450,615 304.071 (1) The parole earned release review commission may at any time
16grant a parole or release to extended supervision to any prisoner in any penal
17institution of this state, or the department may at any time suspend the supervision
18of any person who is on probation or, parole, or extended supervision to the
19department, if the prisoner or person on probation or , parole, or extended supervision
20is eligible for induction into the U.S. armed forces. The suspension of parole,
21extended supervision,
or probation shall be for the duration of his or her service in
22the armed forces; and the parole, extended supervision, or probation shall again
23become effective upon his or her discharge from the armed forces in accordance with
24regulations prescribed by the department. If he or she receives an honorable
25discharge from the armed forces, the governor may discharge him or her and the

1discharge has the effect of a pardon. Upon the suspension of parole, extended
2supervision,
or probation by the department, the department shall issue an order
3setting forth the conditions under which the parole, extended supervision, or
4probation is suspended, including instructions as to where and when and to whom
5the paroled person on parole or extended supervision shall report upon discharge
6from the armed forces.
AB75-ASA1, s. 2773 7Section 2773. 304.09 (1) (a) of the statutes is amended to read:
AB75-ASA1,1450,98 304.09 (1) (a) "Member of the family" means spouse, domestic partner under
9ch. 770,
child, sibling, parent or legal guardian.
AB75-ASA1, s. 2774 10Section 2774. 321.62 (11) (a) of the statutes is amended to read:
AB75-ASA1,1450,1611 321.62 (11) (a) No eviction may be made during the period of state active duty
12in respect to any premises for which the agreed rent does not exceed the amount
13specified in 50 USC App. 531, occupied chiefly for dwelling purposes by the spouse,
14children, domestic partner under ch. 770, or other dependents of a service member
15who is in state active duty, except upon order of a court in an action affecting the right
16of possession.
AB75-ASA1, s. 2776r 17Section 2776r. 340.01 (41g) of the statutes is amended to read:
AB75-ASA1,1450,2118 340.01 (41g) "Operator's license" means the authorization granted to a person
19by this state, another jurisdiction or certain countries to operate a motor vehicle,
20including a driver's license, driver card, temporary or restricted license, or an
21instruction permit.
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