Amendment SA2-SB57

SB57-SA2,2,1 2. Page 12, line 9: delete lines 9 to 12 and substitute:

SB57-SA2,2,2 " Section 34d. 302.11 (2m) of the statutes is created to read:

SB57-SA2,2,8 302.11 (2m) The warden or superintendent shall keep a record of the conduct of each person who is returned to prison after revocation of parole, specifying each infraction of the rules. If a person violates any regulation of the prison, refuses or neglects to perform required or assigned duties, or refuses or neglects to participate in required programming or treatment, the department may extend the release date by not more than 90 days.

SB57-SA2,2,10 (b) No extension under par. (a) may require a person to serve more days in prison than provided in his or her sentence.

SB57-SA2, s. 34h Section 34h. 302.11 (7) (am) of the statutes is amended to read:

SB57-SA2,2,18 302.11 (7) (am) The reviewing authority may return a parolee released under sub. (1) or (1g) (b) or s. 304.02 or 304.06 (1) to prison for a period up to the remainder of the sentence or for 6 months, whichever is less, for a violation of the conditions of parole. The remainder of the sentence is the entire sentence, less time served in custody prior to parole. The period of time may be extended in accordance with sub. (2m). The revocation order shall provide the parolee with credit in accordance with ss. 304.072 and 973.155.

SB57-SA2, s. 34p Section 34p. 302.11 (7) (b) of the statutes is amended to read:

SB57-SA2,3,2 302.11 (7) (b) A parolee returned to prison for violation of the conditions of parole shall be incarcerated for the entire period of time determined by the reviewing authority unless paroled earlier under par. (c). The parolee is not subject to mandatory release under sub. (1) or presumptive mandatory release under sub. (1g). The period of time determined under par. (am) may be extended in accordance with subs. (1q) and (2) sub. (2m).

SB57-SA2, s. 34t Section 34t. 302.11 (7) (c) of the statutes is amended to read:

SB57-SA2,3,6 302.11 (7) (c) The 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.".

SB57-SA2,3,7 3. Page 13, line 17: after that line insert:

SB57-SA2,3,8 " Section 41m. 302.113 (3m) of the statutes is created to read:

SB57-SA2,3,14 302.113 (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, refuses or neglects to perform required or assigned duties, 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.

SB57-SA2,3,17 (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.".

SB57-SA2,3,19 4. Page 14, line 8: delete "any specified period of time that does not exceed" and substitute "any specified period of time that does not exceed 6 months or".

SB57-SA2,3,20 5. Page 14, line 9: after "sentence" insert ", whichever is less".

SB57-SA2,3,21 6. Page 14, line 15: after that line insert:

SB57-SA2,3,22 " Section 43m. 302.113 (9) (b) of the statutes is amended to read:

SB57-SA2,4,6 302.113 (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 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 order under par. (am) and any periods of extension imposed in accordance with sub. (3) (3m).".

SB57-SA2,4,11 7. Page 27, line 9: delete the material beginning with "prison" and ending with "supervision" on line 10 and substitute "prison to continue serving for the remainder of his or her sentence or for 6 months, whichever is less, or may order him or her to continue on parole or extended supervision. If the person is ordered returned to prison, the period of time may be extended in accordance with s. 302.11 (2m).".

SB57-SA2,4,12 8. Page 30, line 13: after that line insert:

SB57-SA2,4,14 " Section 87m. 973.01 (2) (d) (intro.) of the statutes is repealed and recreated to read:

SB57-SA2,4,22 973.01 (2) (d) Minimum and maximum term of extended supervision. (intro.) Except for a Class B felony, a Class C felony, or a crime described in s. 301.45 (1d) (b), the term of extended supervision may not be less than 25 percent nor more 75 percent of the length of the term of confinement in prison imposed under par. (b). For a Class B felony, a Class C felony, or a crime described in s. 301.45 (1d) (b), the term of extended supervision may not be less than 25 percent of the term of confinement in prison imposed under par. (b) and is subject to whichever of the following limits is applicable:".

SB57-SA2,4,23 9. Page 31, line 6: delete that line and substitute:

SB57-SA2,4,24 " Section 92m. 973.031 of the statutes is amended to read:

SB57-SA2,5,12 973.031 Risk reduction sentence. Whenever a court imposes a sentence for a felony under s. 973.01, the court may order the person it sentences to serve a risk reduction sentence if the court determines that a risk reduction sentence is appropriate and the person agrees to cooperate in an assessment of his or her criminogenic factors and his or her risk of reoffending, and to participate in programming or treatment the department develops for the person under s. 302.042 (1). This section does not apply if the court sentences a person for a violation of s. 940.03, 940.06, 940.11 (1), 940.235, 940.302, 940.31 (1), 940.32 (3), 941.21, 946.465, 948.03 (2) (a), or 948.40 (4) (a) or for a felony murder under s. 940.03, an offense against an elderly or vulnerable person, as defined in s. 939.22 (20d), an offense related to ethical government, as defined in s. 939.22 (20m), or an offense related to school safety, as defined in s. 939.22 (20s).".

SB57-SA2,5,14 10. Page 33, line 24: delete "This" and substitute "Except as provided in subsections (2) and (3), this".

SB57-SA2,5,15 11. Page 34, line 3: after that line insert:

SB57-SA2,5,18 "(2) The treatment of sections 302.11 (2m), (7) (am), (b), and (c), 302.113 (3m). 302.113 (9) (am) and (b), and 304.06 (3) of the statutes first applies to a revocation that occurs on the effective date of this subsection.

SB57-SA2,5,20 (3) The treatment of section 973.01 (2) (d) (intro) of the statutes first applies to a person sentenced for a crime committed on the effective date of this subsection.".

SB57-SA2,5,21 (End)