SB27-SSA1,1258,156
302.113
(9) (c) A person who is subsequently released to extended supervision
7after service of the period of time specified by the order under par. (am) is subject to
8all conditions and rules under sub. (7) and, if applicable, sub. (7m) until the
9expiration of the remaining extended supervision portion of the bifurcated sentence
10or until the department discharges the person under s. 973.01 (4m), whichever is
11appropriate. The remaining extended supervision portion of the bifurcated sentence
12is the total length of the bifurcated sentence, less the time served by the person in
13confinement under the bifurcated sentence before release to extended supervision
14under sub. (2) and less all time served in confinement for previous revocations of
15extended supervision under the bifurcated sentence.
SB27-SSA1,1258,1717
302.113
(9g) (a)
In this subsection:
SB27-SSA1,1258,2018
1. "Extraordinary health condition" means a condition afflicting a person, such
19as advanced age, infirmity, or disability of the person or a need for medical treatment
20or services not available within a correctional institution.
SB27-SSA1,1258,2321
2. "Program review committee" means the committee at a correctional
22institution that reviews the security classifications, institution assignments, and
23correctional programming assignments of inmates confined in the institution.
SB27-SSA1,1259,3
1(b) An inmate who is serving a bifurcated sentence for a crime other than a
2Class B felony may seek modification of the bifurcated sentence in the manner
3specified in par. (f) if he or she meets one of the following criteria:
SB27-SSA1,1259,54
1. The inmate is 65 years of age or older and has served at least 5 years of the
5term of confinement in prison portion of the bifurcated sentence.
SB27-SSA1,1259,76
2. The inmate is 60 years of age or older and has served at least 10 years of the
7term of confinement in prison portion of the bifurcated sentence.
SB27-SSA1,1259,88
3. The inmate has an extraordinary health condition.
SB27-SSA1,1259,159
(c) An inmate who meets a criterion under par. (b) may submit a petition to the
10program review committee at the correctional institution in which the inmate is
11confined requesting a modification of the inmate's bifurcated sentence in the manner
12specified in par. (f). If the inmate alleges in the petition that he or she has an
13extraordinary health condition, the inmate shall attach to the petition affidavits
14from 2 physicians setting forth a diagnosis that the inmate has an extraordinary
15health condition.
SB27-SSA1,1259,2416
(cm) If, after receiving the petition under par. (c), the program review
17committee determines that the public interest would be served by a modification of
18the inmate's bifurcated sentence in the manner provided under par. (f), the
19committee shall approve the petition for referral to the sentencing court and notify
20the department of its approval. The department shall then refer the inmate's
21petition to the sentencing court and request the court to conduct a hearing on the
22petition. If the program review committee determines that the public interest would
23not be served by a modification of the inmate's bifurcated sentence in the manner
24specified in par. (f), the committee shall deny the inmate's petition.
SB27-SSA1,1260,11
1(d) When a court is notified by the department that it is referring to the court
2an inmate's petition for modification of the inmate's bifurcated sentence, the court
3shall schedule a hearing to determine whether the public interest would be served
4by a modification of the inmate's bifurcated sentence in the manner specified in par.
5(f). The inmate and the district attorney have the right to be present at the hearing,
6and any victim of the inmate's crime has the right to be present at the hearing and
7to provide a statement concerning the modification of the inmate's bifurcated
8sentence. The court shall order such notice of the hearing date as it considers
9adequate to be given to the department, the inmate, the attorney representing the
10inmate, if applicable, and the district attorney. Victim notification shall be provided
11as specified under par. (g).
SB27-SSA1,1260,2012
(e) At a hearing scheduled under par. (d), the inmate has the burden of proving
13by the greater weight of the credible evidence that a modification of the bifurcated
14sentence in the manner specified in par. (f) would serve the public interest. If the
15inmate proves that a modification of the bifurcated sentence in the manner specified
16in par. (f) would serve the public interest, the court shall modify the inmate's
17bifurcated sentence in that manner. If the inmate does not prove that a modification
18of the bifurcated sentence in the manner specified in par. (f) would serve the public
19interest, the court shall deny the inmate's petition for modification of the bifurcated
20sentence.
SB27-SSA1,1260,2221
(f) A court may modify an inmate's bifurcated sentence under this section only
22as follows:
SB27-SSA1,1261,223
1. The court shall reduce the term of confinement in prison portion of the
24inmate's bifurcated sentence in a manner that provides for the release of the inmate
1to extended supervision within 30 days after the date on which the court issues its
2order modifying the bifurcated sentence.
SB27-SSA1,1261,43
2. The court shall lengthen the term of extended supervision imposed so that
4the total length of the bifurcated sentence originally imposed does not change.
SB27-SSA1,1261,55
(g) 1. In this paragraph, "victim" has the meaning given in s. 950.02 (4).
SB27-SSA1,1261,146
2. When a court schedules a hearing under par. (d), the clerk of the circuit court
7shall send a notice of hearing to the victim of the crime committed by the inmate, if
8the victim has submitted a card under subd. 3. requesting notification. The notice
9shall inform the victim that he or she may appear at the hearing scheduled under
10par. (d) and shall inform the victim of the manner in which he or she may provide a
11statement concerning the modification of the inmate's bifurcated sentence in the
12manner provided in par. (f). The clerk of the circuit court shall make a reasonable
13attempt to send the notice of hearing to the last-known address of the inmate's
14victim, postmarked at least 10 days before the date of the hearing.
SB27-SSA1,1261,2415
3. The director of state courts shall design and prepare cards for a victim to send
16to the clerk of the circuit court for the county in which the inmate was convicted and
17sentenced. The cards shall have space for a victim to provide his or her name and
18address, the name of the applicable inmate, and any other information that the
19director of state courts determines is necessary. The director of state courts shall
20provide the cards, without charge, to clerks of circuit court. Clerks of circuit court
21shall provide the cards, without charge, to victims. Victims may send completed
22cards to the clerk of the circuit court for the county in which the inmate was convicted
23and sentenced. All court records or portions of records that relate to mailing
24addresses of victims are not subject to inspection or copying under s. 19.35 (1).
SB27-SSA1,1262,7
1(h) An inmate may appeal a court's decision to deny the inmate's petition for
2modification of his or her bifurcated sentence. The state may appeal a court's
3decision to grant an inmate's petition for a modification of the inmate's bifurcated
4sentence. In an appeal under this paragraph, the appellate court may reverse a
5decision granting or denying a petition for modification of a bifurcated sentence only
6if it determines that the sentencing court erroneously exercised its discretion in
7granting or denying the petition.
SB27-SSA1,1262,138
(i) If the program review committee denies an inmate's petition under par. (cm),
9the inmate may not file another petition within one year after the date of the program
10review committee's denial. If the program review committee approves an inmate's
11petition for referral to the sentencing court under par. (cm) but the sentencing court
12denies the petition, the inmate may not file another petition under par. (cm) within
13one year after the date of the court's decision.
SB27-SSA1,1262,2214
(j) An inmate eligible to seek modification of his or her bifurcated sentence
15under this subsection has a right to be represented by counsel in proceedings under
16this subsection. An inmate, or the department on the inmate's behalf, may apply to
17the state public defender for determination of indigency and appointment of counsel
18under s. 977.05 (4) (jm) before or after the filing of a petition with the program review
19committee under par. (c). If an inmate whose petition has been referred to the court
20under par. (cm) is without counsel, the court shall refer the matter to the state public
21defender for determination of indigency and appointment of counsel under s. 977.05
22(4) (jm).
SB27-SSA1,1263,9
1302.114
(9) (am) If a person released to extended supervision under this section
2or under s. 302.1135 violates a condition of extended supervision, the reviewing
3authority may revoke the extended supervision of the person. If the extended
4supervision of the person is revoked, the person shall be returned to the circuit court
5for the county in which the person was convicted of the offense for which he or she
6was on extended supervision, and the court shall order the person to be returned to
7prison for a specified period of time before he or she is eligible for being released again
8to extended supervision. The period of time specified under this paragraph may not
9be less than 5 years and may be extended in accordance with sub. (3).
SB27-SSA1,1263,1411
302.114
(9) (c) A person who is subsequently released to extended supervision
12under par. (bm) is subject to all conditions and rules under sub. (8) until the
13expiration of the sentence
or until the department discharges the person under s.
14973.01 (4m), whichever is appropriate.
SB27-SSA1,1263,2516
302.388
(2) (g) If a prisoner's health summary form or complete medical file
17indicates that the prisoner has a communicable disease and if disclosure of that
18information is necessary for the health and safety of the prisoner or of other
19prisoners, of a correctional officer who has custody of or is responsible for the
20supervision of the prisoner, of a person designated by a jailer to have custodial
21authority over the prisoner, of any other employee of the prison or jail, or of a law
22enforcement officer or other person who is responsible for transferring the prisoner
23to or from a prison or jail, receiving institution intake staff shall disclose that
24information to the persons specified in par. (f) 1. to 4. and to that correctional officer,
25person with custodial authority, law enforcement officer, or other person.
SB27-SSA1,1264,123
302.388
(3) (b) If a prisoner's treatment summary indicates that the prisoner
4has a communicable disease and if disclosure of that information is necessary for the
5health and safety of the prisoner or of other prisoners, of a correctional officer who
6has custody of or is responsible for the supervision of the prisoner, of a person
7designated by a jailer to have custodial authority over the prisoner, of any employee
8of the prison or jail, or of a law enforcement officer or other person who is responsible
9for transferring the prisoner to or from a prison or jail, the department or jailer shall
10disclose that information to the persons to whom a treatment summary may be made
11available under par. (a) and to that correctional officer, person with custodial
12authority, law enforcement officer, or other person.
SB27-SSA1,1264,15
14304.01 (title)
Earned release review Parole commission and
15commission chairperson; general duties.
SB27-SSA1,1264,2017
304.01
(1) The chairperson of the
earned release review parole commission
18shall administer and supervise the commission and its activities and shall be the
19final
parole-granting authority
for granting parole or release to extended
20supervision, except as provided in s. 304.02.
SB27-SSA1, s. 1941
21Section
1941. 304.01 (2) (intro.) of the statutes is amended to read:
SB27-SSA1,1265,322
304.01
(2) (intro.) The
earned release review parole commission shall conduct
23regularly scheduled interviews to consider the parole
or release to extended
24supervision of eligible inmates of the adult correctional institutions under the
25control of the department of corrections, eligible inmates transferred under ch. 51
1and under the control of the department of health services and eligible inmates in
2any county house of correction. The department of corrections shall provide all of the
3following to the
earned release review parole commission:
SB27-SSA1,1265,75
304.01
(2) (b) Scheduling assistance for
parole interviews
for prisoners who
6have applied for parole or release to extended supervision at the correctional
7institutions.
SB27-SSA1,1265,109
304.01
(2) (c) Clerical support related to the
parole interviews
for prisoners who
10have applied for parole or release to extended supervision.
SB27-SSA1,1265,1412
304.01
(2) (d) Appropriate physical space at the correctional institutions to
13conduct the
parole interviews
for prisoners who have applied for parole or release to
14extended supervision.
SB27-SSA1,1265,17
16304.06 (title)
Release to parole or extended supervision Paroles from
17state prisons and house of correction.
SB27-SSA1,1266,1019
304.06
(1) (b) Except as provided in s. 961.49 (2), 1999 stats., sub. (1m) or s.
20302.045 (3), 302.05 (3) (b), 973.01 (6), or 973.0135, the
earned release review parole 21commission may parole an inmate of the Wisconsin state prisons or any felon or any
22person serving at least one year or more in a county house of correction or a county
23reforestation camp organized under s. 303.07, when he or she has served 25% of the
24sentence imposed for the offense, or 6 months, whichever is greater. Except as
25provided in s. 939.62 (2m) (c) or 973.014 (1) (b) or (c), (1g) or (2), the
earned release
1review parole commission may parole an inmate serving a life term when he or she
2has served 20 years, as modified by the formula under s. 302.11 (1) and subject to
3extension under s. 302.11 (1q) and (2), if applicable. The person serving the life term
4shall be given credit for time served prior to sentencing under s. 973.155, including
5good time under s. 973.155 (4). The secretary may grant special action parole
6releases under s. 304.02. The department or the
earned release review parole 7commission shall not provide any convicted offender or other person sentenced to the
8department's custody any
parole eligibility or evaluation
for parole or release to
9extended supervision until the person has been confined at least 60 days following
10sentencing.
SB27-SSA1, s. 1951
15Section
1951. 304.06 (1) (c) (intro.) of the statutes is amended to read:
SB27-SSA1,1266,1916
304.06
(1) (c) (intro.) If an inmate applies for parole
or release to extended
17supervision under this subsection, the
earned release review parole commission
18shall make a reasonable attempt to notify the following, if they can be found, in
19accordance with par. (d):
SB27-SSA1,1267,721
304.06
(1) (d) 1. The notice under par. (c) shall inform the offices and persons
22under par. (c) 1. to 3. of the manner in which they may provide written statements
23under this subsection, shall inform persons under par. (c) 3. of the manner in which
24they may attend interviews or hearings and make statements under par. (eg) and
25shall inform persons under par. (c) 3. who are victims, or family members of victims,
1of crimes specified in s. 940.01, 940.03, 940.05, 940.225 (1), (2), or (3), 948.02 (1) or
2(2), 948.025, 948.06
, or 948.07 of the manner in which they may have direct input in
3the
parole decision-making process under par. (em)
for parole or release to extended
4supervision. The
earned release review parole commission shall provide notice
5under this paragraph for an inmate's first application for parole
or release to
6extended supervision and, upon request, for subsequent applications for parole
or
7release to extended supervision.
SB27-SSA1,1267,119
304.06
(1) (d) 2. The notice shall be by 1st class mail to an office's or a person's
10last-known address sent at least 3 weeks before the interview or hearing upon the
11application for parole
or release to extended supervision.
SB27-SSA1,1267,1513
304.06
(1) (d) 3m. If applicable, the notice shall state the manner in which the
14person may have direct input in the decision-making process for parole
or release
15to extended supervision.
SB27-SSA1,1267,2017
304.06
(1) (d) 4. If the notice is for a first application for parole
or release to
18extended supervision, the notice shall inform the offices and persons under par. (c)
191. to 3. that notification of subsequent applications for parole
or release to extended
20supervision will be provided only upon request.
SB27-SSA1,1268,322
304.06
(1) (e) The
earned release review parole commission shall permit any
23office or person under par. (c) 1. to 3. to provide written statements. The
earned
24release review parole commission shall give consideration to any written statements
25provided by any such office or person and received on or before the date specified in
1the notice. This paragraph does not limit the authority of the
earned release review 2parole commission to consider other statements or information that it receives in a
3timely fashion.
SB27-SSA1,1268,85
304.06
(1) (eg) The
earned release review parole commission shall permit any
6person under par. (c) 3. to attend any interview or hearing on the application for
7parole
or release to extended supervision of an applicable inmate and to make a
8statement at that interview or hearing.
SB27-SSA1,1268,1410
304.06
(1) (em) The
earned release review parole commission shall promulgate
11rules that provide a procedure to allow any person who is a victim, or a family
12member of a victim, of a crime specified in s. 940.01, 940.03, 940.05, 940.225 (1), (2),
13or (3), 948.02 (1) or (2), 948.025, 948.06
, or 948.07 to have direct input in the
14decision-making process for parole
or release to extended supervision.
SB27-SSA1,1269,716
304.06
(1) (f) The
earned release review parole commission shall design and
17prepare cards for persons specified in par. (c) 3. to send to the commission. The cards
18shall have space for these persons to provide their names and addresses, the name
19of the applicable prisoner and any other information the
earned release review 20parole commission determines is necessary. The
earned release review parole 21commission shall provide the cards, without charge, to district attorneys. District
22attorneys shall provide the cards, without charge, to persons specified in par. (c) 3.
23These persons may send completed cards to the
earned release review parole 24commission. All commission records or portions of records that relate to mailing
25addresses of these persons are not subject to inspection or copying under s. 19.35 (1).
1Before any written statement of a person specified in par. (c) 3. is made a part of the
2documentary record considered in connection with a
parole hearing
for parole, or
3release to extended supervision under this section, the
earned release review parole 4commission shall obliterate from the statement all references to the mailing
5addresses of the person. A person specified in par. (c) 3. who attends an interview
6or hearing under par. (eg) may not be required to disclose at the interview or hearing
7his or her mailing addresses.
SB27-SSA1,1269,159
304.06
(1) (g) Before a person is released on parole
or released to extended
10supervision under this subsection, the
earned release review parole commission
11shall so notify the municipal police department and the county sheriff for the area
12where the person will be residing. The notification requirement under this
13paragraph does not apply if a municipal department or county sheriff submits to the
14earned release review parole commission a written statement waiving the right to
15be notified. If applicable, the department shall also comply with s. 304.063.
SB27-SSA1, s. 1961
16Section
1961. 304.06 (1m) (intro.) of the statutes is amended to read:
SB27-SSA1,1269,1917
304.06
(1m) (intro.) The
earned release review parole commission may waive
18the 25% or 6-month service of sentence requirement under sub. (1) (b) under any of
19the following circumstances:
SB27-SSA1,1270,221
304.06
(1q) (b) The
earned release review parole commission or the department
22may require as a condition of parole that a serious child sex offender undergo
23pharmacological treatment using an antiandrogen or the chemical equivalent of an
24antiandrogen. This paragraph does not prohibit the department from requiring
1pharmacological treatment using an antiandrogen or the chemical equivalent of an
2antiandrogen as a condition of probation.
SB27-SSA1,1270,94
304.06
(1q) (c) In deciding whether to grant a serious child sex offender release
5on parole under this subsection, the
earned release review parole commission may
6not consider, as a factor in making its decision, that the offender is a proper subject
7for pharmacological treatment using an antiandrogen or the chemical equivalent of
8an antiandrogen or that the offender is willing to participate in pharmacological
9treatment using an antiandrogen or the chemical equivalent of an antiandrogen.
SB27-SSA1,1270,1411
304.06
(1x) The
earned release review
parole commission may require as a
12condition of parole that the person is placed in the intensive sanctions program under
13s. 301.048. In that case, the person is in the legal custody of the department under
14that section and is subject to revocation of parole under sub. (3).
SB27-SSA1,1270,1816
304.06
(2m) (d) The
earned release review parole commission or the
17department shall determine a prisoner's county of residence for the purposes of this
18subsection by doing all of the following:
SB27-SSA1,1270,2219
1. The
earned release review parole commission or the department shall
20consider residence as the voluntary concurrence of physical presence with intent to
21remain in a place of fixed habitation and shall consider physical presence as prima
22facie evidence of intent to remain.
SB27-SSA1,1271,223
2. The
earned release review parole commission or the department shall apply
24the criteria for consideration of residence and physical presence under subd. 1. to the
1facts that existed on the date that the prisoner committed the serious sex offense that
2resulted in the sentence the prisoner is serving.
SB27-SSA1,1272,34
304.06
(3) Every
paroled prisoner
paroled or released to extended supervision 5remains in the legal custody of the department unless otherwise provided by the
6department. If the department alleges that any condition or rule of parole
or
7extended supervision has been violated by the prisoner, the department may take
8physical custody of the prisoner for the investigation of the alleged violation. If the
9department is satisfied that any condition or rule of parole
or extended supervision 10has been violated it shall afford the prisoner such administrative hearings as are
11required by law. Unless waived by the parolee
or person on extended supervision,
12the final administrative hearing shall be held before a hearing examiner from the
13division of hearings and appeals in the department of administration who is licensed
14to practice law in this state. The hearing examiner shall enter an order revoking or
15not revoking parole
or extended supervision. Upon request by either party, the
16administrator of the division of hearings and appeals shall review the order. The
17hearing examiner may order that a deposition be taken by audiovisual means and
18allow the use of a recorded deposition under s. 967.04 (7) to (10). If the parolee
or
19person on extended supervision waives the final administrative hearing, the
20secretary of corrections shall enter an order revoking or not revoking parole
or
21extended supervision. If the examiner, the administrator upon review, or the
22secretary in the case of a waiver finds that the prisoner has violated the rules or
23conditions of parole
or extended supervision, the examiner, the administrator upon
24review, or the secretary in the case of a waiver, may order the prisoner returned to
25prison to continue serving his or her sentence, or to continue on parole
or extended
1supervision. If the prisoner claims or appears to be indigent, the department shall
2refer the prisoner to the authority for indigency determinations specified under s.
3977.07 (1).
SB27-SSA1,1272,125
304.06
(3e) The division of hearings and appeals in the department of
6administration shall make either an electronic or stenographic record of all
7testimony at each parole
or extended supervision revocation hearing. The division
8shall prepare a written transcript of the testimony only at the request of a judge who
9has granted a petition for judicial review of the revocation decision. Each hearing
10notice shall include notice of the provisions of this subsection and a statement that
11any person who wants a written transcript may record the hearing at his or her own
12expense.