LRBs0385/2
CMH:all
2017 - 2018 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO SENATE BILL 54
February 22, 2018 - Offered by Representatives Sanfelippo, Born, Nygren, Vos,
Jacque, Tittl, Schraa, Vorpagel, Zimmerman, Spiros, Krug, Summerfield,
Steffen and Knodl.
SB54-ASA2,1,6 1An Act to amend 20.866 (2) (ux), 302.113 (8m) (a), 302.114 (8m) (a), 304.06 (3)
2and 973.10 (2) (intro.); and to create 978.09 of the statutes; relating to:
3recommendation to revoke parole, probation, and extended supervision if a
4person is charged with a felony or violent misdemeanor; increasing positions in
5district attorney offices; granting bonding authority; and making an
6appropriation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB54-ASA2,1c 7Section 1c. 20.866 (2) (ux) of the statutes, as affected by 2017 Wisconsin Act
859
, is amended to read:
SB54-ASA2,2,29 20.866 (2) (ux) Corrections; correctional facilities. From the capital
10improvement fund, a sum sufficient for the department of corrections to acquire,
11construct, develop, enlarge, or improve adult and juvenile correctional facilities. The

1state may contract public debt in an amount not to exceed $926,679,900
2$1,276,679,900 for this purpose.
SB54-ASA2,1p 3Section 1p. 302.113 (8m) (a) of the statutes is amended to read:
SB54-ASA2,2,134 302.113 (8m) (a) Every person released to extended supervision under this
5section remains in the legal custody of the department. If the department alleges
6that any condition or rule of extended supervision has been violated by the person,
7the department may take physical custody of the person for the investigation of the
8alleged violation. If the person is charged with a felony or a violent misdemeanor,
9as defined in s. 941.29 (1g) (b), the department shall recommend that the person's
10extended supervision be revoked, except that the department may make a different
11recommendation if the person is participating in a substance abuse treatment
12program. The department may revise its recommendation to revoke if the charges
13are subsequently dismissed or if the person is found not guilty of the crime.
SB54-ASA2,1q 14Section 1q. 302.114 (8m) (a) of the statutes is amended to read:
SB54-ASA2,2,2415 302.114 (8m) (a) Every person released to extended supervision under this
16section remains in the legal custody of the department. If the department alleges
17that any condition or rule of extended supervision has been violated by the person,
18the department may take physical custody of the person for the investigation of the
19alleged violation. If the person is charged with a felony or a violent misdemeanor,
20as defined in s. 941.29 (1g) (b), the department shall recommend that the person's
21extended supervision be revoked, except that the department may make a different
22recommendation if the person is participating in a substance abuse treatment
23program. The department may revise its recommendation to revoke if the charges
24are subsequently dismissed or if the person is found not guilty of the crime.
SB54-ASA2,2 25Section 2. 304.06 (3) of the statutes is amended to read:
SB54-ASA2,4,2
1304.06 (3) Every paroled prisoner remains in the legal custody of the
2department unless otherwise provided by the department. If the department alleges
3that any condition or rule of parole has been violated by the prisoner, the department
4may take physical custody of the prisoner for the investigation of the alleged
5violation. If the department is satisfied that any condition or rule of parole has been
6violated it shall afford the prisoner such administrative hearings as are required by
7law. If the person is charged with a felony or a violent misdemeanor, as defined in
8s. 941.29 (1g) (b), the department shall recommend that the person's parole be
9revoked, except that the department may make a different recommendation if the
10person is participating in a substance abuse treatment program. The department
11may revise its recommendation to revoke if the charges are subsequently dismissed
12or if the person is found not guilty of the crime.
Unless waived by the parolee, the
13final administrative hearing shall be held before a hearing examiner from the
14division of hearings and appeals in the department of administration who is licensed
15to practice law in this state. The hearing examiner shall enter an order revoking or
16not revoking parole. Upon request by either party, the administrator of the division
17of hearings and appeals shall review the order. The hearing examiner may order that
18a deposition be taken by audiovisual means and allow the use of a recorded
19deposition under s. 967.04 (7) to (10). If the parolee waives the final administrative
20hearing, the secretary of corrections shall enter an order revoking or not revoking
21parole. If the examiner, the administrator upon review, or the secretary in the case
22of a waiver finds that the prisoner has violated the rules or conditions of parole, the
23examiner, the administrator upon review, or the secretary in the case of a waiver,
24may order the prisoner returned to prison to continue serving his or her sentence, or
25to continue on parole. If the prisoner claims or appears to be indigent, the

1department shall refer the prisoner to the authority for indigency determinations
2specified under s. 977.07 (1).
SB54-ASA2,3 3Section 3. 973.10 (2) (intro.) of the statutes is amended to read:
SB54-ASA2,4,174 973.10 (2) (intro.) If a probationer violates the conditions of probation, the
5department of corrections may initiate a proceeding before the division of hearings
6and appeals in the department of administration. If the person is charged with a
7felony or a violent misdemeanor, as defined in s. 941.29 (1g) (b), the department shall
8recommend that the person's probation be revoked, except that the department may
9make a different recommendation if the person is participating in a substance abuse
10treatment program. The department may revise its recommendation to revoke if the
11charges are subsequently dismissed or if the person is found not guilty of the crime.

12Unless waived by the probationer, a hearing examiner for the division shall conduct
13an administrative hearing and enter an order either revoking or not revoking
14probation. Upon request of either party, the administrator of the division shall
15review the order. If the probationer waives the final administrative hearing, the
16secretary of corrections shall enter an order either revoking or not revoking
17probation. If probation is revoked, the department shall:
SB54-ASA2,4m 18Section 4m. 978.09 of the statutes is created to read:
SB54-ASA2,4,24 19978.09 Reports on actions regarding recommendations to revoke
20release. (1)
In a county having a population of 750,000 or more, the district attorney
21office shall annually report to the appropriate standing committees of the legislature
22under s. 13.172 (3) the office's actions regarding recommendations to revoke under
23ss. 302.113 (8m) (a), 302.114 (8m) (a), and 304.06 (3). The report shall include all of
24the following:
SB54-ASA2,4,2525 (a) Total number of case referrals, broken down by class.
SB54-ASA2,5,1
1(b) Total number of cases filed, broken down by class.
SB54-ASA2,5,22 (c) Total number of charges filed, broken down by class.
SB54-ASA2,5,33 (d) Total number of dispositions, broken down by class.
SB54-ASA2,5,5 4(2) This section does not apply 2 years after the district attorney office submits
5its first annual report.
SB54-ASA2,4v 6Section 4v. Nonstatutory provisions.
SB54-ASA2,5,7 7(1) District attorney position increases.
SB54-ASA2,5,118 (a) The authorized FTE positions for the department of administration are
9increased by 53.75 GPR positions on July 1, 2019, to be funded from the
10appropriation under section 20.475 (1) (d) of the statutes, for the purpose of
11increasing the number of district attorney positions as follows:
SB54-ASA2,5,12 121. In Iowa County, 0.25 positions.
SB54-ASA2,5,13 132. In each Green, Marquette, and Pierce counties, 0.5 positions.
SB54-ASA2,5,14 143. In Jefferson County, 0.7 positions.
SB54-ASA2,5,15 154. In each Burnett and Columbia counties, 0.75 positions.
SB54-ASA2,5,16 165. In Adams County, 0.8 positions.
SB54-ASA2,5,19 176. In each Ashland, Barron, Bayfield, Chippewa, Dodge, Forest, Jackson,
18Langlade, Lincoln, Marathon, Ozaukee, Shawano, Taylor, Walworth, and
19Washington counties, 1.0 positions.
SB54-ASA2,5,22 207. In each Brown, Douglas, Dunn, Eau Claire, Fond du Lac, Kenosha, La
21Crosse, Manitowoc, Monroe, Outagamie, Polk, Portage, Racine, Sheboygan,
22Waukesha, Winnebago, and Wood counties, 2.0 positions.
SB54-ASA2,6,2 23(b) The authorized FTE positions for the department of administration are
24increased by 0.4 GPR positions on January 1, 2020, to be funded from the
25appropriation under section 20.475 (1) (d) of the statutes, for the purpose increasing

1the number of district attorney positions in Marinette County to replace a 0.4 GPR
2project position that expires on December 31, 2019.
SB54-ASA2,6,6 3(1m) Study of requirement to revoke release. No later than January 15,
42020, the legislative fiscal bureau shall submit a study to the legislature concerning
5the costs involved in the revocation requirements in sections 302.113 (8m) (a),
6302.114 (8m) (a), 304.06 (3), and 973.10 (2) (intro.) of the statutes.
SB54-ASA2,6,10 7(2) 2017-19 Authorized State Building Program addition. In 2017 Wisconsin
8Act 59
, Section 9104 (1), the following project is added to the 2017-19 Authorized
9State Building Program and the appropriate totals are increased by the amounts
10shown:
SB54-ASA2,6,12 11(a) In paragraph (c) 1., under projects financed by general fund supported
12borrowing: - See PDF for table PDF
SB54-ASA2,5c 13Section 5c. Initial applicability.
SB54-ASA2,6,1614 (1) The treatment of sections 302.113 (8m) (a), 302.114 (8m) (a), 304.06 (3), and
15973.10 (2) (intro.) of the statutes first applies to charges that are filed on the effective
16date of this subsection.
SB54-ASA2,5p 17Section 5p. Effective dates. This act takes effect on July 1, 2019, except as
18follows:
SB54-ASA2,6,19 19(1) Section 4v (2) of this act takes effect on the day after publication.
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