2011 - 2012 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO 2011 ASSEMBLY BILL 86
May 12, 2011 - Offered by Committee on Criminal Justice and Corrections.
AB86-AA1,1,4
4"
Section 14m. 302.043 of the statutes is created to read:
AB86-AA1,1,12
5302.043 Release of inmates serving risk reduction sentences. (1) When
6an inmate who is serving a risk reduction sentence imposed under s. 973.031, 2009
7stats., has served not less than 75 percent of the term of confinement portion of his
8or her sentence under s. 973.01 and the department determines that he or she has
9completed the programming or treatment under his or her plan and that the inmate
10maintained a good conduct record during his or her term of confinement, the
11department shall notify the sentencing court that the inmate has successfully
12completed the requirements of his or her risk reduction sentence.
AB86-AA1,2,2
1(2) Upon receipt of notice under sub. (1), the court shall release the inmate to
2extended supervision.
AB86-AA1,2,5
3(3) Upon receiving a court order releasing the inmate under sub. (2), the
4department shall release the inmate within 6 working days, as defined in s. 227.01
5(14) and as computed in s. 990.001 (4).".
AB86-AA1,2,12
12"
Section 87m. 950.04 (1v) (nx) of the statutes is created to read:
AB86-AA1,2,1513
950.04
(1v) (nx) To attend a hearing on a petition for modification of a term of
14probation under s. 973.09 (3) (d) and provide a statement to the court concerning
15modification of the term of probation as provided under s. 973.09 (3m).".
AB86-AA1,2,18
17"
Section 93b. 973.09 (3) (d) of the statutes is renumbered 973.09 (3) (d) (intro.)
18and amended to read:
AB86-AA1,2,2119
973.09
(3) (d) (intro.) The
department
court may modify a person's period of
20probation and discharge the person from probation if
the person has completed 50
21percent of his or her period of probation. all of the following apply:
AB86-AA1, s. 93c
22Section 93c. 973.09 (3) (d) 1. to 6. of the statutes are created to read:
AB86-AA1,3,2
1973.09
(3) (d) 1. The department petitions the court to discharge the person
2from probation.
AB86-AA1,3,33
2. The probationer has completed 50 percent of his or her period of probation.
AB86-AA1,3,54
3. The probationer has satisfied all conditions of probation that were set by the
5sentencing court.
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4. The probationer has satisfied all rules and conditions of probation that were
7set by the department.
AB86-AA1,3,108
5. The probationer has fulfilled all financial obligations to his or her victims,
9the court, and the department, including the payment of any fine, forfeiture, fee or
10surcharge, or order of restitution.
AB86-AA1,3,1111
6. The probationer is not required to register under s. 301.45.
AB86-AA1,3,1413
973.09
(3m) (a) In this subsection, "victim" has the meaning given in s. 950.02
14(4).
AB86-AA1,3,2315
(b) When a court receives a petition under sub. (3) (d), the clerk of the circuit
16court shall send a notice of hearing to the victim of the crime committed by the
17probationer, if the victim has submitted a card under par. (c) requesting notification.
18The notice shall inform the victim that he or she may appear at any hearing
19scheduled under sub. (3) (d) and shall inform the victim of the manner in which he
20or she may provide a statement concerning the modification of the probationer's term
21of probation. The clerk of the circuit court shall make a reasonable attempt to send
22the notice of hearing to the last-known address of the victim, postmarked at least
2310 days before the date of the hearing.
AB86-AA1,4,924
(c) The director of state courts shall design and prepare cards for a victim to
25send to the clerk of the circuit court for the county in which the probationer was
1convicted and sentenced. The cards shall have space for a victim to provide his or
2her name and address, the name of the applicable probationer, and any other
3information that the director of state courts determines is necessary. The director
4of state courts shall provide the cards, without charge, to clerks of circuit court.
5Clerks of circuit court shall provide the cards, without charge, to victims. Victims
6may send completed cards to the clerk of the circuit court for the county in which the
7probationer was convicted and sentenced. All court records or portions of records
8that relate to mailing addresses of victims are not subject to inspection or copying
9under s. 19.35 (1).".
AB86-AA1,4,16
1412. Page 31, line 22: after "2009 stats.," insert "has served the confinement
15portion of his or her sentence less positive adjustment time earned between October
161, 2009, and the effective date of this subsection .... [LRB inserts date], he or she.".
AB86-AA1,4,18
1713. Page 31, line 23: after "section" insert ", based on the number of days of
18positive adjustment time the inmate claims that he or she has earned".
