AB75-SSA1,1431,217 302.1135 (7) (b) When a court the commission sets a hearing date under par.
18(d)
sub. (4), the clerk of the circuit court commission shall send a notice of hearing
19to the victim of the crime committed by the inmate, if the victim has submitted a card
20under subd. 3. par. (c) requesting notification. The notice shall inform the victim that
21he or she may appear at the hearing scheduled under par. (d) sub. (4) and shall inform
22the victim of the manner in which he or she may provide a statement concerning the
23modification of the inmate's bifurcated sentence in the manner provided in par. (f)
24sub. (6). The clerk of the circuit court commission shall make a reasonable attempt

1to send the notice of hearing to the last-known address of the inmate's victim,
2postmarked at least 10 days before the date of the hearing.
AB75-SSA1,1431,193 (c) The director of state courts commission shall design and prepare cards for
4a victim to send to the clerk of the circuit court for the county in which the inmate
5was convicted and sentenced
commission. The cards shall have space for a victim to
6provide his or her name and address, the name of the applicable inmate, and any
7other information that the director of state courts commission determines is
8necessary. The director of state courts commission shall provide the cards, without
9charge, to clerks of circuit court. Clerks of circuit court district attorneys. District
10attorneys
shall provide the cards, without charge, to victims. Victims may send
11completed cards to the clerk of the circuit court for the county in which the inmate
12was convicted and sentenced
commission. All court commission records or portions
13of records that relate to mailing addresses of victims are not subject to inspection or
14copying under s. 19.35 (1). Before any written statement of a victim is made a part
15of the documentary record considered in connection with a hearing under this
16section, the commission shall obliterate from the statement all references to the
17mailing addresses of the victim. A victim who attends an interview or hearing under
18this section may not be required to disclose at the interview or hearing his or her
19mailing addresses.
AB75-SSA1, s. 2736 20Section 2736. 302.113 (9g) (h) of the statutes is renumbered 302.1135 (8) and
21amended to read:
AB75-SSA1,1432,522 302.1135 (8) An inmate may appeal a court's decision to deny the inmate's
23petition for modification of his or her bifurcated sentence
seek review of a decision
24under sub. (5) to deny the inmate's petition for modification of the inmate's sentence
25only by the common law writ of certiorari
. The state may appeal a court's decision

1under sub. (5) to grant an inmate's petition for a modification of the inmate's
2bifurcated sentence. In an appeal under this paragraph subsection, the appellate
3reviewing court may reverse a decision granting or denying a petition for
4modification of a bifurcated sentence only if it determines that the sentencing court
5commission erroneously exercised its discretion in granting or denying the petition.
AB75-SSA1, s. 2737 6Section 2737. 302.113 (9g) (i) of the statutes is renumbered 302.1135 (9) and
7amended to read:
AB75-SSA1,1432,138 302.1135 (9) If the program review committee commission denies an inmate's
9petition under par. (cm) sub. (5), the inmate may not file another petition within one
10year after the date of the program review committee's denial. If the program review
11committee approves an inmate's petition for referral to the sentencing court under
12par. (cm) but the sentencing court denies the petition, the inmate may not file
13another petition under par. (cm) within one year after the date of the court's decision.
AB75-SSA1, s. 2738 14Section 2738. 302.113 (9g) (j) of the statutes is renumbered 302.1135 (10) and
15amended to read:
AB75-SSA1,1432,2516 302.1135 (10) An inmate eligible to seek modification of his or her bifurcated
17sentence under this subsection section has a right to be represented by counsel in
18proceedings under this subsection section. An inmate, or the department on the
19inmate's behalf, may apply to the state public defender for determination of
20indigency and appointment of counsel under s. 977.05 (4) (jm) before or after the
21filing of a petition with the program review committee commission under par. (c). If
22an inmate whose petition has been referred to the court under par. (cm) is without
23counsel, the court shall refer the matter to the state public defender for
24determination of indigency and appointment of counsel under s. 977.05 (4) (jm)
sub.
25(3)
.
AB75-SSA1, s. 2739
1Section 2739. 302.113 (9h) of the statutes is created to read:
AB75-SSA1,1433,42 302.113 (9h) (a) The department may release to extended supervision certain
3persons serving the confinement portion of a bifurcated sentence using the sentence
4modification procedure described in this subsection.
AB75-SSA1,1433,65 (b) The department shall promulgate rules for the determination of whether
6a bifurcated sentence should be modified under this subsection.
AB75-SSA1,1433,97 (c) A person who is serving the confinement portion of a bifurcated sentence is
8eligible for sentence modification under this subsection if all of the following
9conditions are met:
AB75-SSA1,1433,1210 1. The person is serving the confinement portion of a bifurcated sentence for
11a misdemeanor or a Class F to Class I felony that is not a violent offense, as defined
12in s. 301.048 (2) (bm) 1.
AB75-SSA1,1433,1513 2. The prison social worker or extended supervision agent of record has reason
14to believe that the person will be able to maintain himself or herself while not
15confined without engaging in assaultive activity.
AB75-SSA1,1433,1716 3. The release to extended supervision date is not more than 12 months before
17the person's extended supervision eligibility date.
AB75-SSA1,1433,2118 (d) If the conditions under pars. (b) and (c) are met, the department may modify,
19in the manner specified under par. (e), the sentence of any person by releasing him
20or her to extended supervision under this subsection, and, if the department releases
21the person to extended supervision, the department shall:
AB75-SSA1,1433,2322 1. Notify the office of the court that participated in the trial or that accepted
23the person's plea of guilty or no contest, whichever is applicable.
AB75-SSA1,1434,3
12. Notify the office of the district attorney that participated in the trial of the
2person or that prepared for proceedings under s. 971.08 regarding the person's plea
3of guilty or no contest, whichever is applicable.
AB75-SSA1,1434,54 (e) The department may modify a person's bifurcated sentence under this
5subsection only as follows:
AB75-SSA1,1434,96 1. The department shall reduce the term of confinement in prison portion of the
7person's bifurcated sentence in a manner that provides for the release of the person
8to extended supervision within 30 days after the date on which the department
9modifies the bifurcated sentence.
AB75-SSA1,1434,1110 2. The department shall lengthen the term of extended supervision imposed so
11that the total length of the bifurcated sentence originally imposed does not change.
AB75-SSA1,1434,1212 (f) This subsection does not apply to any of the following:
AB75-SSA1,1434,1313 1. A person who is the subject of a bulletin issued under s. 301.46 (2m).
AB75-SSA1,1434,1514 2. A person who has, in his or her lifetime, been convicted of or found not guilty
15by reason of mental disease or defect of a sex offense, as defined in s. 301.45 (1d) (b).
AB75-SSA1,1434,1716 3. A person who has, in his or her lifetime, been found to have committed a sex
17offense in another jurisdiction, as defined in s. 301.45 (1d) (am).
AB75-SSA1,1434,1818 4. A person who is required to register under s. 301.45.
AB75-SSA1,1434,1919 5. A person who has, in his or her lifetime, been committed under ch. 975.
AB75-SSA1, s. 2739d 20Section 2739d. 302.1135 (title) of the statutes is created to read:
AB75-SSA1,1434,22 21302.1135 (title) Release to extended supervision for extraordinary
22health circumstances.
AB75-SSA1, s. 2739f 23Section 2739f. 302.1135 (1) (a) of the statutes is created to read:
AB75-SSA1,1434,2524 302.1135 (1) (a) "Commission" means the earned release review commission
25under s. 15.145.
AB75-SSA1, s. 2739h
1Section 2739h. 302.1135 (6) (a) (intro.) of the statutes is created to read:
AB75-SSA1,1435,32 302.1135 (6) (a) (intro.) If the inmate was sentenced to a bifurcated sentence
3under s. 973.01, the commission shall do all of the following:
AB75-SSA1, s. 2739j 4Section 2739j. 302.1135 (6) (b) of the statutes is created to read:
AB75-SSA1,1435,95 302.1135 (6) (b) If the inmate was sentenced to life imprisonment under s.
6973.014, notwithstanding s. 973.014 (1g) (a) or (2), the commission shall release the
7inmate to extended supervision within 30 days after the date on which the
8commission modifies the sentence and shall impose the term of extended supervision
9so that the total length of the sentence originally imposed does not change.
AB75-SSA1, s. 2739p 10Section 2739p. 302.114 (9) (am) of the statutes is amended to read:
AB75-SSA1,1435,1911 302.114 (9) (am) If a person released to extended supervision under this section
12or under s. 302.1135 violates a condition of extended supervision, the reviewing
13authority may revoke the extended supervision of the person. If the extended
14supervision of the person is revoked, the person shall be returned to the circuit court
15for the county in which the person was convicted of the offense for which he or she
16was on extended supervision, and the court shall order the person to be returned to
17prison for a specified period of time before he or she is eligible for being released again
18to extended supervision. The period of time specified under this paragraph may not
19be less than 5 years and may be extended in accordance with sub. (3).
AB75-SSA1, s. 2740 20Section 2740. 302.114 (9) (c) of the statutes is amended to read:
AB75-SSA1,1435,2421 302.114 (9) (c) A person who is subsequently released to extended supervision
22under par. (bm) is subject to all conditions and rules under sub. (8) until the
23expiration of the sentence or until the department discharges the person under s.
24973.01 (4m), whichever is appropriate
.
AB75-SSA1, s. 2740b 25Section 2740b. 302.388 (1) (a) of the statutes is amended to read:
AB75-SSA1,1436,2
1302.388 (1) (a) "Health care provider" has the meaning given in s. 146.81 (1)
2(a) to (p).
AB75-SSA1, s. 2740c 3Section 2740c. 302.425 (2) of the statutes is amended to read:
AB75-SSA1,1436,94 302.425 (2) Sheriff's or superintendent's general authority. Subject to the
5limitations under sub. (3), a county sheriff or a superintendent of a house of
6correction may place in the home detention program any person confined in jail who
7has been arrested for, charged with, convicted of or sentenced for a crime
. The sheriff
8or superintendent may transfer any prisoner in the home detention program to the
9jail.
AB75-SSA1, s. 2740g 10Section 2740g. 302.425 (3) of the statutes is amended to read:
AB75-SSA1,1436,2311 302.425 (3) Placement of a prisoner in the program. If a prisoner described
12under sub. (2) and the department agree, the
The sheriff or superintendent may, if
13he or she determines that the home detention program is appropriate for a prisoner,

14place the prisoner in the home detention program and provide that the prisoner be
15detained at the prisoner's place of residence or other place designated by the sheriff
16or superintendent and be monitored by an active electronic monitoring system. The
17sheriff or superintendent shall establish reasonable terms of detention and ensure
18that the prisoner is provided a written statement of those terms, including a
19description of the detention monitoring procedures and requirements and of any
20applicable liability issues. The terms may include a requirement that the prisoner
21pay the county a daily fee to cover the county costs associated with monitoring him
22or her. The county may obtain payment under this subsection or s. 302.372, but may
23not collect for the same expenses twice.
AB75-SSA1, s. 2740n 24Section 2740n. 302.425 (7) of the statutes is renumbered 302.425 (7) (intro.)
25and amended to read:
AB75-SSA1,1437,2
1302.425 (7) Court-ordered detention Exceptions. (intro.) This section does
2not apply to persons sentenced under s. 973.04.:
AB75-SSA1, s. 2740r 3Section 2740r. 302.425 (7) (a) of the statutes is created to read:
AB75-SSA1,1437,44 302.425 (7) (a) A person sentenced under s. 973.04.
AB75-SSA1, s. 2740w 5Section 2740w. 302.425 (7) (b) of the statutes is created to read:
AB75-SSA1,1437,76 302.425 (7) (b) A person in jail pending the disposition of his or her parole,
7extended supervision, or probation revocation proceedings.
AB75-SSA1, s. 2741e 8Section 2741e. 303.065 (5) (dm) of the statutes is amended to read:
AB75-SSA1,1437,109 303.065 (5) (dm) Payment for legal representation under s. 977.07 (2) (2m),
10977.075 or 977.076;
AB75-SSA1, s. 2742 11Section 2742. 304.01 (title) of the statutes is amended to read:
AB75-SSA1,1437,13 12304.01 (title) Parole Earned release review commission and
13commission chairperson; general duties.
AB75-SSA1, s. 2743 14Section 2743. 304.01 (1) of the statutes is amended to read:
AB75-SSA1,1437,1815 304.01 (1) The chairperson of the parole earned release review commission
16shall administer and supervise the commission and its activities and shall be the
17final parole granting authority for granting parole or release to extended
18supervision
, except as provided in s. 304.02.
AB75-SSA1, s. 2744 19Section 2744. 304.01 (2) (intro.) of the statutes is amended to read:
AB75-SSA1,1438,220 304.01 (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-SSA1, s. 2745 3Section 2745. 304.01 (2) (b) of the statutes is amended to read:
AB75-SSA1,1438,64 304.01 (2) (b) Scheduling assistance for parole interviews for prisoners who
5have applied for parole or release to extended supervision
at the correctional
6institutions.
AB75-SSA1, s. 2746 7Section 2746. 304.01 (2) (c) of the statutes is amended to read:
AB75-SSA1,1438,98 304.01 (2) (c) Clerical support related to the parole interviews for prisoners who
9have applied for parole or release to extended supervision
.
AB75-SSA1, s. 2747 10Section 2747. 304.01 (2) (d) of the statutes is amended to read:
AB75-SSA1,1438,1311 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-SSA1, s. 2748 14Section 2748. 304.06 (title) of the statutes is amended to read:
AB75-SSA1,1438,16 15304.06 (title) Paroles Release to parole or extended supervision from
16state prisons and house of correction.
AB75-SSA1, s. 2749 17Section 2749. 304.06 (1) (a) 1. of the statutes is amended to read:
AB75-SSA1,1438,1918 304.06 (1) (a) 1. "Member of the family" means spouse, domestic partner under
19ch. 770,
child, sibling, parent or legal guardian.
AB75-SSA1, s. 2750 20Section 2750. 304.06 (1) (b) of the statutes is amended to read:
AB75-SSA1,1439,1221 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-SSA1, s. 2751 13Section 2751. 304.06 (1) (bg) of the statutes is created to read:
AB75-SSA1,1440,214 304.06 (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-SSA1,1440,33 a. A person who is the subject of a bulletin issued under s. 301.46 (2m).
AB75-SSA1,1440,54 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-SSA1,1440,76 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-SSA1,1440,88 d. A person who is required to register under s. 301.45.
AB75-SSA1,1440,99 e. A person who has, in his or her lifetime, been committed under ch. 975.
AB75-SSA1,1440,1110 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-SSA1,1440,2112 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-SSA1,1440,2222 a. A person who is the subject of a bulletin issued under s. 301.46 (2m).
AB75-SSA1,1440,2423 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-SSA1,1441,2
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-SSA1,1441,33 d. A person who is required to register under s. 301.45.
AB75-SSA1,1441,44 e. A person who has, in his or her lifetime, been committed under ch. 975.
AB75-SSA1,1441,145 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-SSA1,1441,2215 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-SSA1, s. 2751m 23Section 2751m. 304.06 (1) (bk) of the statutes is created to read:
AB75-SSA1,1442,524 304.06 (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).
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