LRB-1781/1
BF:skg:km
1995 - 1996 LEGISLATURE
March 13, 1995 - Introduced by Representatives Foti, Lehman, Ainsworth, Albers,
Brandemuehl, Freese, Gunderson, Handrick, Hoven, Huebsch, Kreibich,
Ladwig, F. Lasee, Musser, Olsen, Ott, Riley, Skindrud, Silbaugh, Walker
and
Ziegelbauer, cosponsored by Senators A. Lasee, Andrea, Darling and
Rosenzweig. Referred to Committee on Criminal Justice and Corrections.
AB192,1,5 1An Act to amend 161.49 (2) (a), 302.045 (3), 302.11 (1), 302.11 (1g) (am), 302.11
2(1g) (b) (intro.), 302.11 (1i), 302.11 (6), 304.06 (1) (b), 304.06 (1m) (intro.), 304.06
3(1r) (a) (intro.), 304.071 (2) and 973.0135 (2) (intro.); and to create 302.11 (1g)
4(ar), 304.02 (6), 304.02 (7), 304.06 (1p), 304.06 (1q) and 973.0135 (2m) of the
5statutes; relating to: parole eligibility.
Analysis by the Legislative Reference Bureau
Under present law, a person serving a sentence in a state prison usually has 3
possible ways of being released on parole: discretionary parole granted by the parole
commission, mandatory release on parole (usually serving two-thirds of the
sentence and automatically receiving parole) or special action parole release by the
secretary of corrections (a program designed to relieve prison crowding). Currently,
certain serious felony offenders need not be automatically released when they reach
their mandatory release dates. Instead, the parole commission may deny such a
release to an inmate in order to protect the public or because the inmate refused to
participate in counseling or treatment. The serious felonies include serious
violations related to homicide, battery, sexual assault, mayhem, kidnapping, taking
hostages, tampering with household products, arson, armed burglary, armed
robbery, carjacking, assault by a prisoner, crimes against children and controlled
substances.
Under the bill, first-time serious felony offenders must serve two-thirds of the
sentence imposed by the court before they are eligible for any type of release on parole
and 2nd-time serious felony offenders must serve 85% of the sentence imposed by
the court before they are eligible for any type of release on parole.
Under current law, a person serving a life sentence must serve 20 years minus
time calculated under the mandatory release formula before he or she is eligible for
release on parole. If the person does not receive extensions due to prison violations,

he or she reaches parole eligibility after serving 13 years, 4 months. This bill
provides that a person serving a life sentence reaches parole eligibility after serving
40 years, with no reductions calculated under the mandatory release formula.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB192, s. 1 1Section 1. 161.49 (2) (a) of the statutes is amended to read:
AB192,2,152 161.49 (2) (a) Except as provided in par. (b), if any person violates s. 161.41 (1)
3by distributing, or violates s. 161.41 (1m) by possessing with intent to deliver, a
4controlled substance listed in schedule I or II while in or on the premises of a
5scattered-site public housing project, while in or otherwise within 1,000 feet of a
6state, county, city, village or town park, a jail or correctional facility, a multiunit
7public housing project, a swimming pool open to members of the public, a youth
8center or a community center, while on or otherwise within 1,000 feet of any private
9or public school premises or while on or otherwise within 1,000 feet of a school bus,
10as defined in s. 340.01 (56), the court shall sentence the person to at least 3 years in
11prison, but otherwise the penalties for the crime apply. Except as provided in s.
12161.438, the court shall not place the person on probation. The Except as provided
13in s. 302.11 (1g) (ar) or 304.06 (1p), the
person is not eligible for parole until he or she
14has served at least 3 years, with no modification by the calculation under s. 302.11
15(1) or (1g) (ar), whichever is applicable.
AB192, s. 2 16Section 2. 302.045 (3) of the statutes is amended to read:
AB192,3,417 302.045 (3) Parole eligibility. Except as provided in sub. (4), if the department
18determines that an inmate has successfully completed the challenge incarceration
19program, the parole commission shall parole the inmate under s. 304.06, regardless

1of the time the inmate has served, unless the person is subject to s. 302.11 (1g) (ar)
2or 304.06 (1p)
. When the parole commission grants parole under this subsection, it
3must require the parolee to participate in an intensive supervision program for drug
4abusers as a condition of parole.
AB192, s. 3 5Section 3. 302.11 (1) of the statutes is amended to read:
AB192,3,126 302.11 (1) The warden or superintendent shall keep a record of the conduct of
7each inmate, specifying each infraction of the rules. Except as provided in subs. (1g),
8(1m), (7) and (10), each inmate is entitled to mandatory release on parole by the
9department. The Except as provided in sub. (1g) (ar), the mandatory release date is
10established at two-thirds of the sentence. Any calculations under this subsection or
11sub. (2) (b) resulting in fractions of a day shall be rounded in the inmate's favor to
12a whole day.
AB192, s. 4 13Section 4. 302.11 (1g) (am) of the statutes is amended to read:
AB192,3,1614 302.11 (1g) (am) The Except as provided in par. (ar), the mandatory release
15date established in sub. (1) is a presumptive mandatory release date for an inmate
16who is serving a sentence for a serious felony committed on or after April 21, 1994.
AB192, s. 5 17Section 5. 302.11 (1g) (ar) of the statutes is created to read:
AB192,3,2118 302.11 (1g) (ar) The mandatory release date for an inmate who is serving a
19sentence under s. 973.0135 (2m) as a prior offender for a serious felony committed
20on or after the effective date of this paragraph .... [revisor inserts date], is established
21at 85% of the sentence and is a presumptive mandatory release date.
AB192, s. 6 22Section 6. 302.11 (1g) (b) (intro.) of the statutes is amended to read:
AB192,4,523 302.11 (1g) (b) (intro.) Before an incarcerated inmate with a presumptive
24mandatory release date reaches the presumptive mandatory release date specified
25under par. (am) or (ar), whichever is applicable, the parole commission shall proceed

1under s. 304.06 (1) to consider whether to deny presumptive mandatory release to
2the inmate. If the parole commission does not deny presumptive mandatory release,
3the inmate shall be released on parole. The parole commission may deny
4presumptive mandatory release to an inmate only on one or more of the following
5grounds:
AB192, s. 7 6Section 7. 302.11 (1i) of the statutes is amended to read:
AB192,4,117 302.11 (1i) An inmate serving a sentence to the intensive sanctions program
8is entitled to mandatory release. The mandatory release date under sub. (1) is
9established at two-thirds of the sentence under s. 973.032 (3) (a) , except that if the
10person is subject to sub. (1g) (ar), the person's presumptive mandatory release date
11is established at 85% of the sentence under s. 973.032 (3) (a)
.
AB192, s. 8 12Section 8. 302.11 (6) of the statutes is amended to read:
AB192,4,2113 302.11 (6) Any inmate released on parole under sub. (1) or (1g) (b) or s. 304.02
14or 304.06 (1) is subject to all conditions and rules of parole until the expiration of the
15sentence or until he or she is discharged by the department. Except as provided in
16ch. 304, releases from prison shall be on the Tuesday or Wednesday preceding the
17release date. The department may discharge a parolee on or after his or her
18mandatory release date or after 2 years of supervision. Any inmate sentenced to the
19intensive sanctions program who is released on parole under sub. (1) or (1g) (b) or s.
20304.02 or 304.06 (1) remains in the program unless discharged by the department
21under s. 301.048 (6).
AB192, s. 9 22Section 9. 304.02 (6) of the statutes is created to read:
AB192,4,2523 304.02 (6) Notwithstanding subs. (1) to (3), a prisoner who is subject to s. 304.06
24(1p) is not eligible for release to parole supervision under this section until he or she
25is eligible for release under s. 304.06 (1p).
AB192, s. 10
1Section 10. 304.02 (7) of the statutes is created to read:
AB192,5,42 304.02 (7) Notwithstanding subs. (1) to (3), a prisoner who is subject to s. 302.11
3(1g) (ar) is not eligible for release to parole supervision under this section until he or
4she is eligible for release under s. 302.11 (1g) (ar).
AB192, s. 11 5Section 11. 304.06 (1) (b) of the statutes is amended to read:
AB192,5,206 304.06 (1) (b) Except as provided in sub. (1m), (1p) or (1q) or s. 161.49 (2),
7302.045 (3) or 973.0135, the parole commission may parole an inmate of the
8Wisconsin state prisons or any felon or any person serving at least one year or more
9in a county house of correction or a county reforestation camp organized under s.
10303.07, when he or she has served 25% of the sentence imposed for the offense, or 6
11months, whichever is greater. Except as provided in s. 939.62 (2m) or 973.014, the
12parole commission may parole an inmate serving a life term when he or she has
13served 20 40 years, as modified by the formula under s. 302.11 (1) and subject to
14extension using the formulas under s. 302.11 (2). The person serving the life term
15shall be given credit for time served prior to sentencing under s. 973.155, including
16good time under s. 973.155 (4). The secretary may grant special action parole
17releases under s. 304.02. The department or the parole commission shall not provide
18any convicted offender or other person sentenced to the department's custody any
19parole eligibility or evaluation until the person has been confined at least 60 days
20following sentencing.
AB192, s. 12 21Section 12. 304.06 (1m) (intro.) of the statutes is amended to read:
AB192,5,2422 304.06 (1m) (intro.)  The Except as provided in subs. (1p) and (1q), the parole
23commission may waive the 25% or 6-month service of sentence requirement under
24sub. (1) (b) under any of the following circumstances:
AB192, s. 13 25Section 13. 304.06 (1p) of the statutes is created to read:
AB192,6,1
1304.06 (1p) (a) In this subsection, "serious felony" means any of the following:
AB192,6,32 1. Any felony under s. 161.41 (1), (1m) or (1x) if the felony is punishable by a
3maximum prison term of 30 years or more.
AB192,6,74 2. Any felony under s. 940.02, 940.03, 940.05, 940.09 (1), 940.19 (5), 940.21,
5940.225 (1) or (2), 940.305 (2), 940.31 (1) or (2) (b), 943.02, 943.10 (2), 943.23 (1g) or
6(1m), 943.32 (2), 946.43, 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.06,
7948.07, 948.08, 948.30 (2), 948.35 (1) (b) or (c) or 948.36.
AB192,6,98 3. The solicitation, conspiracy or attempt, under s. 939.30, 939.31 or 939.32, to
9commit a Class A felony.
AB192,6,1310 (b) If an inmate is serving a sentence for a serious felony committed on or after
11the effective date of this paragraph .... [revisor inserts date], the parole commission
12may not parole the inmate until the inmate has reached his or her presumptive
13mandatory release date under s. 302.11 (1g) (am).
AB192,6,1514 (c) Paragraph (b) does not apply if the inmate has a longer parole eligibility
15restriction or is not eligible for parole.
AB192, s. 14 16Section 14. 304.06 (1q) of the statutes is created to read:
AB192,6,1917 304.06 (1q) The parole commission may not grant release on parole under this
18section to an inmate who is subject to s. 302.11 (1g) (ar) until the inmate has reached
19his or her presumptive mandatory release date under s. 302.11 (1g) (ar).
AB192, s. 15 20Section 15. 304.06 (1r) (a) (intro.) of the statutes is amended to read:
AB192,6,2421 304.06 (1r) (a) (intro.) The parole commission shall grant release on parole,
22unless there are overriding considerations not to do so or unless the person does not
23meet the requirements of sub. (1p) or (1q)
, to any inmate who is eligible for parole
24under sub. (1) and meets either of the following conditions:
AB192, s. 16 25Section 16. 304.071 (2) of the statutes is amended to read:
AB192,7,3
1304.071 (2) If a prisoner is not eligible for parole under s. 161.49 (2), 302.11
2(1g) (ar), 304.06 (1p),
939.62 (2m) or 973.032 (5), he or she is not eligible for parole
3under this section.
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