AB1, s. 173
13Section
173. 301.132 (2) of the statutes is amended to read:
AB1,53,1714
301.132
(2) The department may require, as a condition of probation
or, parole
15or extended supervision, that a probationer
or, parolee
or person on extended
16supervision who is a sex offender submit to a lie detector test when directed to do so
17by the department.
AB1, s. 174
18Section
174. 301.132 (3) of the statutes is amended to read:
AB1,53,2319
301.132
(3) The department shall promulgate rules establishing a lie detector
20test program for probationers
and, parolees
and persons on extended supervision 21who are sex offenders. The rules shall provide for assessment of fees upon
22probationers
and, parolees
and persons on extended supervision to partially offset
23the costs of the program.
AB1,54,2
1301.21
(1m) (a) 8. Provisions concerning procedures for probation, parole
,
2extended supervision and discharge.
AB1,54,65
301.21
(2m) (a) 6. Provisions concerning procedures for probation, parole
,
6extended supervision and discharge.
AB1, s. 177
7Section
177. 301.32 (3) (a) of the statutes is amended to read:
AB1,54,138
301.32
(3) (a) All money or other property paid or delivered to a probation
,
9extended supervision and parole agent or other employe of the department by or for
10the benefit of any person on probation
, extended supervision or parole shall be
11immediately transmitted to the department and it shall enter the same upon its
12books to his or her credit. The property shall be used only under the direction of the
13department.
AB1, s. 178
14Section
178. 301.32 (3) (b) of the statutes is amended to read:
AB1,54,1815
301.32
(3) (b) If the person on probation
, extended supervision or parole
16absconds, the money shall be credited to the revolving fund created by s. 304.075; and
17other property if not called for within one year shall be sold by the department and
18the proceeds shall be credited to the fund.
AB1, s. 179
19Section
179. 301.35 (2) (bm) of the statutes is created to read:
AB1,54,2020
301.35
(2) (bm) A person on extended supervision.
AB1, s. 180
21Section
180. 301.38 (1) (am) of the statutes is amended to read:
AB1,54,2522
301.38
(1) (am) "Prisoner" has the meaning given in s. 301.01 (2), but does not
23include any person in the intensive sanctions program under s. 301.048 or any person
24who is imprisoned as an alternative to the revocation of probation
, extended
25supervision or parole.
AB1,55,93
301.45
(1) (b) Is in prison, a secured correctional facility, as defined in s. 938.02
4(15m), or a secured child caring institution, as defined in s. 938.02 (15g), or on
5probation,
extended supervision, parole, supervision or aftercare supervision on or
6after December 25, 1993, for any violation,
or for the solicitation, conspiracy or
7attempt to commit any violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02
8(1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30, or of s.
9940.30 or 940.31 if the victim was a minor and the person was not the victim's parent.
AB1,55,1912
301.45
(1) (bm) Is in prison, a secured correctional facility, as defined in s.
13938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or
14on probation,
extended supervision, parole, supervision or aftercare supervision on
15or after December 25, 1993, for a violation, or for the solicitation, conspiracy or
16attempt to commit a violation, of a law of this state that is comparable to s. 940.22
17(2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06,
18948.07, 948.08, 948.11 or 948.30 or that is comparable to a violation of s. 940.30 or
19940.31 if the victim was a minor and the person was not the victim's parent.
AB1,56,322
301.45
(1) (dh) Is on parole
, extended supervision or probation in this state
23from another state under s. 304.13 or 304.135 on or after December 25, 1993, for a
24violation, or for the solicitation, conspiracy or attempt to commit a violation, of the
25law of another state that is comparable to a violation of s. 940.22 (2), 940.225 (1), (2)
1or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08,
2948.11 or 948.30 or that is comparable to a violation of s. 940.30 or 940.31 if the victim
3was a minor and the person was not the victim's parent.
AB1,56,86
301.45
(2) (a) 4. b. The date the person was or is to be released from
7confinement, whether on parole
, extended supervision or otherwise, or discharged
8or terminated from a sentence or commitment.
AB1,56,1311
301.45
(2) (e) 1. Within 10 days after the person being placed on parole,
12extended supervision, probation, supervision, aftercare supervision, conditional
13release or supervised release.
AB1,56,1816
301.45
(2) (e) 2. If the person is on parole
, extended supervision or probation
17from another state under s. 304.13 or 304.135, within 10 days after the person enters
18this state.
AB1,56,2321
301.45
(3) (a) 1m. If the person is on parole
, extended supervision or probation
22from another state under s. 304.13 or 304.135, he or she is subject to this subsection
23upon entering this state.
AB1,57,4
1301.45
(3) (a) 2. If the person has been sentenced to prison or placed in a secured
2correctional facility or a secured child caring institution, he or she is subject to this
3subsection upon being released on parole
, extended supervision or aftercare
4supervision.
AB1,57,157
301.45
(3) (b) 2. The department shall notify a person who is being released
8from prison because he or she has reached the expiration date of his or her sentence
9and who is covered under sub. (1) of the need to comply with this section. Also,
10probation
, extended supervision and parole agents, aftercare agents and agencies
11providing supervision shall notify any client who is covered under sub. (1) of the need
12to comply with this section at the time the client is placed on probation,
extended
13supervision, parole, supervision or aftercare supervision or, if the client is on
14probation
, extended supervision or parole from another state under s. 304.13 or
15304.135, when the client enters this state.
AB1,57,2118
301.45
(3) (b) 4. Failure to receive notice under this paragraph from the
19department of health and family services, the department of corrections, a probation
,
20extended supervision and parole agent, an aftercare agent or an agency providing
21supervision is not a defense to liability under sub. (6).
AB1,58,3
1301.45
(5) (a) 1m. If the person is on parole
, extended supervision or probation
2from another state under s. 304.13 or 304.135, 15 years after discharge from that
3parole
, extended supervision or probation.
AB1,58,86
301.46
(2) (b) 4. b. The date the person was released from confinement, whether
7on parole
, extended supervision or otherwise, or discharged or terminated from a
8sentence or commitment.
AB1, s. 193
9Section
193. 302.045 (1) of the statutes is amended to read:
AB1,58,1810
302.045
(1) Program. The department shall provide a challenge incarceration
11program for inmates selected to participate under sub. (2). The program shall
12provide participants with strenuous physical exercise, manual labor, personal
13development counseling, substance abuse treatment and education, military drill
14and ceremony and counseling in preparation for release on parole
or extended
15supervision. The department shall design the program to include not less than 50
16participants at a time and so that a participant may complete the program in not
17more than 180 days. The department may restrict participant privileges as
18necessary to maintain discipline.
AB1, s. 194
19Section
194. 302.045 (2) (cm) of the statutes is created to read:
AB1,58,2220
302.045
(2) (cm) If the inmate is serving a bifurcated sentence imposed under
21s. 973.01, the sentencing court decided under s. 973.01 (3m) that the inmate is
22eligible for the challenge incarceration program.
AB1, s. 195
23Section
195. 302.045 (3) of the statutes is amended to read:
AB1,59,524
302.045
(3) Parole eligibility. Except as provided in sub. (4), if the department
25determines that an inmate has successfully completed the challenge incarceration
1program, the parole commission shall parole the inmate under s. 304.06, regardless
2of the time the inmate has served
, unless the person is serving a sentence imposed
3under s. 973.01. When the parole commission grants parole under this subsection,
4it must require the parolee to participate in an intensive supervision program for
5drug abusers as a condition of parole.
AB1, s. 196
6Section
196. 302.045 (3m) of the statutes is created to read:
AB1,59,117
302.045
(3m) Release to extended supervision. (a) Except as provided in sub.
8(4), if the department determines that an inmate serving the term of confinement in
9prison portion of a bifurcated sentence imposed under s. 973.01 has successfully
10completed the challenge incarceration program, the department shall inform the
11court that sentenced the inmate.
AB1,59,1512
(b) Upon being informed by the department under par. (a) that an inmate whom
13the court sentenced under s. 973.01 has successfully completed the challenge
14incarceration program, the court shall modify the inmate's bifurcated sentence as
15follows:
AB1,59,1916
1. The court shall reduce the term of confinement in prison portion of the
17inmate's bifurcated sentence in a manner that provides for the release of the inmate
18to extended supervision within 30 days of the date on which the court receives the
19information from the department under par. (a).
AB1,59,2120
2. The court shall lengthen the term of extended supervision imposed so that
21the total length of the bifurcated sentence originally imposed does not change.
AB1,59,2322
(c) The court may not increase the total length of the bifurcated sentence when
23modifying a bifurcated sentence under par. (b).
AB1, s. 197
24Section
197. 302.045 (4) of the statutes is amended to read:
AB1,60,3
1302.045
(4) Intensive sanctions program participants. The department may
2place any intensive sanctions program participant in the challenge incarceration
3program. The participant is not subject to subs. (2)
and
, (3)
and (3m).
AB1, s. 198
4Section
198. 302.095 (2) of the statutes is amended to read:
AB1,60,155
302.095
(2) Any officer or other person who delivers or procures to be delivered
6or has in his or her possession with intent to deliver to any inmate confined in a jail
7or state prison, or who deposits or conceals in or about a jail or prison, or the precincts
8of a jail or prison, or in any vehicle going into the premises belonging to a jail or
9prison, any article or thing whatever, with intent that any inmate confined in the jail
10or prison shall obtain or receive the same, or who receives from any inmate any
11article or thing whatever with intent to convey the same out of a jail or prison,
12contrary to the rules or regulations and without the knowledge or permission of the
13sheriff or other keeper of the jail, in the case of a jail, or of the warden or
14superintendent of the prison, in the case of a prison, shall be imprisoned for not more
15than
2 3 years or fined not more than $500.
AB1, s. 199
16Section
199. 302.11 (1) of the statutes is amended to read:
AB1,60,2217
302.11
(1) The warden or superintendent shall keep a record of the conduct of
18each inmate, specifying each infraction of the rules. Except as provided in subs. (1g),
19(1m),
(1z), (7) and (10), each inmate is entitled to mandatory release on parole by the
20department. The mandatory release date is established at two-thirds of the
21sentence. Any calculations under this subsection or sub. (2) (b) resulting in fractions
22of a day shall be rounded in the inmate's favor to a whole day.
AB1, s. 200
23Section
200. 302.11 (1g) (am) of the statutes is amended to read:
AB1,61,3
1302.11
(1g) (am) The mandatory release date established in sub. (1) is a
2presumptive mandatory release date for an inmate who is serving a sentence for a
3serious felony committed on or after April 21, 1994
, but before July 1, 1999.
AB1, s. 201
4Section
201. 302.11 (1i) of the statutes is amended to read:
AB1,61,85
302.11
(1i) An Except as provided in sub. (1z), an inmate serving a sentence to
6the intensive sanctions program is entitled to mandatory release. The mandatory
7release date under sub. (1) is established at two-thirds of the sentence under s.
8973.032 (3) (a).
AB1, s. 202
9Section
202. 302.11 (1p) of the statutes is amended to read:
AB1,61,1210
302.11
(1p) An inmate serving a term subject to s. 961.49 (2)
for a crime
11committed before July 1, 1999, is entitled to mandatory release, except the inmate
12may not be released before he or she has complied with s. 961.49 (2).
AB1, s. 203
13Section
203. 302.11 (1z) of the statutes is created to read:
AB1,61,1614
302.11
(1z) An inmate who is sentenced to a term of confinement in prison
15under s. 973.01 for a felony that is committed on or after July 1, 1999, is not entitled
16to mandatory release on parole under this section.
AB1, s. 204
17Section
204. 302.11 (6) of the statutes is amended to read:
AB1,62,218
302.11
(6) Any inmate released on parole under sub. (1) or (1g) (b) or s. 304.02
19or 304.06 (1) is subject to all conditions and rules of parole until the expiration of the
20sentence or until he or she is discharged by the department. Except as provided in
21ch. 304, releases from prison shall be on the Tuesday or Wednesday preceding the
22release date. The department may discharge a parolee on or after his or her
23mandatory release date or after 2 years of supervision. Any inmate sentenced to the
24intensive sanctions program who is released on parole under sub. (1) or s. 304.02 or
1304.06 (1) remains in the program unless discharged by the department under s.
2301.048 (6)
(a).
AB1, s. 205
3Section
205. 302.11 (9) of the statutes is amended to read:
AB1,62,64
302.11
(9) Except as provided in
sub.
subs. (1g) (am)
and (1z), this section
5applies to persons committing offenses occurring on or after June 1, 1984, or persons
6filing requests in accordance with
1983 Wisconsin Act 528, section
29 (2) or (3).
AB1, s. 206
7Section
206. 302.113 of the statutes is created to read:
AB1,62,10
8302.113 Release to extended supervision for felony offenders not
9serving life sentences. (1) An inmate is subject to this section if he or she is
10serving a bifurcated sentence imposed under s. 973.01.
AB1,62,14
11(2) Except as provided in subs. (3) and (9), an inmate subject to this section is
12entitled to release to extended supervision after he or she has served the term of
13confinement in prison portion of the sentence imposed under s. 973.01, as modified
14by the sentencing court under s. 302.045 (3m) (b) 1., if applicable.
AB1,62,19
15(3) (a) The warden or superintendent shall keep a record of the conduct of each
16inmate subject to this section, specifying each infraction of the rules. If an inmate
17subject to this section violates any regulation of the prison or refuses or neglects to
18perform required or assigned duties, the department may extend the term of
19confinement in prison portion of the inmate's bifurcated sentence as follows:
AB1,62,2020
1. Ten days for the first offense.
AB1,62,2121
2. Twenty days for the 2nd offense.
AB1,62,2222
3. Forty days for the 3rd or each subsequent offense.
AB1,63,423
(b) In addition to the sanctions under par. (a), if an inmate subject to this section
24is placed in adjustment, program or controlled segregation status, the department
25may extend his or her term of confinement in prison portion of the bifurcated
1sentence by a number of days equal to 50% of the number of days spent in segregation
2status. In administering this paragraph, the department shall use the definition of
3adjustment, program or controlled segregation status under departmental rules in
4effect at the time an inmate is placed in that status.
AB1,63,75
(c) No extension of a term of confinement in prison under this subsection may
6require an inmate to serve more days in prison than the total length of the bifurcated
7sentence imposed under s. 973.01.
AB1,63,108
(d) If the term of confinement in prison portion of a bifurcated sentence is
9increased under this subsection, the term of extended supervision is reduced so that
10the total length of the bifurcated sentence does not change.
AB1,63,13
11(4) All consecutive sentences shall be computed as one continuous sentence.
12The person shall serve any term of extended supervision after serving all terms of
13confinement in prison.
AB1,63,15
14(5) An inmate may waive entitlement to release to extended supervision if the
15department agrees to the waiver.
AB1,63,21
16(6) Before a person is released to extended supervision under this section, the
17department shall notify the municipal police department and the county sheriff for
18the area where the person will be residing. The notification requirement does not
19apply if a municipal department or county sheriff submits to the department a
20written statement waiving the right to be notified. If applicable, the department
21shall also comply with s. 304.063.
AB1,64,2
22(7) Any inmate released to extended supervision under this section is subject
23to all conditions and rules of extended supervision until the expiration of the term
24of extended supervision portion of the bifurcated sentence. The department may set
25conditions of extended supervision in addition to any conditions of extended
1supervision set by the court under s. 973.01 (5) if the conditions set by the department
2do not conflict with the court's conditions.
AB1,64,5
3(8) Releases to extended supervision from prison shall be on the Tuesday or
4Wednesday preceding the date on which he or she completes the term of
5imprisonment.
AB1,64,16
6(9) (a) If a person released to extended supervision under this section violates
7a condition of extended supervision, the division of hearings and appeals in the
8department of administration, upon proper notice and hearing, or the department
9of corrections, if the person on extended supervision waives a hearing, may revoke
10the extended supervision of the person and return the person to prison. If the person
11is returned to prison, he or she shall be returned to prison for any specified period
12of time that does not exceed the time remaining on the bifurcated sentence. The time
13remaining on the bifurcated sentence is the total length of the bifurcated sentence,
14less time served by the person in custody before release to extended supervision. The
15revocation order shall provide the person on extended supervision with credit in
16accordance with ss. 304.072 and 973.155.
AB1,64,2117
(b) A person who is returned to prison after revocation of extended supervision
18shall be incarcerated for the entire period of time specified by the department of
19corrections in the case of a waiver or by the division of hearings and appeals in the
20department of administration in the case of a hearing under par. (a). The period of
21time specified under par. (a) may be extended in accordance with sub. (3).
AB1,65,222
(c) A person who is subsequently released to extended supervision after service
23of the period of time specified by the department of corrections in the case of a waiver
24or by the division of hearings and appeals in the department of administration in the
25case of a hearing under par. (a) is subject to all conditions and rules under sub. (7)
1until the expiration of the term of extended supervision portion of the bifurcated
2sentence.
AB1,65,4
3(10) The department may promulgate rules establishing guidelines and
4criteria for the exercise of discretion under this section.