AB100: Bill Text

AB100,1589,13 304.02 (3) (c) The institution social worker or the probation, community supervision and parole agent of record has reason to believe the prisoner will be able to maintain himself or herself in society without engaging in assaultive activity.

AB100, s. 3917 Section 3917. 304.02 (4) of the statutes is amended to read:

AB100,1589,17 304.02 (4) If a person is sentenced under s. 973.032, he or she is eligible for a release to parole supervision under this section and remains in the intensive sanctions program unless discharged by the department under s. 301.048 (6) (a).

AB100, s. 3918 Section 3918. 304.02 (5) of the statutes is amended to read:

AB100,1589,21 304.02 (5) Notwithstanding subs. (1) to (3), a prisoner who is serving a life sentence under s. 939.62 (2m) or 973.014 (1) (c) or (1g) is not eligible for release to parole supervision under this section.

AB100, s. 3919 Section 3919. 304.02 (6) of the statutes is created to read:

AB100,1589,25 304.02 (6) Notwithstanding subs. (1) to (3), a prisoner is not eligible for release to parole supervision under this section if he or she is serving a bifurcated sentence under s. 973.01.

AB100, s. 3920 Section 3920. 304.06 (1) (b) of the statutes is amended to read:

AB100,1590,16 304.06 (1) (b) Except as provided in sub. (1m) or s. 302.045 (3), 961.49 (2), 973.01 (6) or 973.0135, the parole commission may parole an inmate of the Wisconsin state prisons or any felon or any person serving at least one year or more in a county house of correction or a county reforestation camp organized under s. 303.07, when he or she has served 25% of the sentence imposed for the offense, or 6 months, whichever is greater. Except as provided in s. 939.62 (2m) or 973.014 (1) (b) or (c), (1g) or (2), the parole commission may parole an inmate serving a life term when he or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject to extension using the formulas under s. 302.11 (2). The person serving the life term shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary may grant special action parole releases under s. 304.02. The department or the parole commission shall not provide any convicted offender or other person sentenced to the department's custody any parole eligibility or evaluation until the person has been confined at least 60 days following sentencing.

AB100, s. 3921 Section 3921. 304.06 (1) (f) of the statutes is amended to read:

AB100,1591,6 304.06 (1) (f) The parole commission shall design and prepare cards for persons specified in par. (c) 3. to send to the commission. The cards shall have space for these persons to provide their names and addresses, the name of the applicable prisoner and any other information the parole commission determines is necessary. The parole commission shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to persons specified in par. (c) 3. These persons may send completed cards to the parole commission. All commission records or portions of records that relate to mailing addresses of these persons are not subject to inspection or copying under s. 19.35 (1), but the commission shall provide information from records kept under this paragraph in response to a request for information made under s. 49.22 (2m). Before any written statement of a person specified in par. (c) 3. is made a part of the documentary record considered in connection with a parole hearing under this section, the parole commission shall obliterate from the statement all references to the mailing addresses of the person.

AB100, s. 3922 Section 3922. 304.06 (1y) of the statutes is amended to read:

AB100,1591,10 304.06 (1y) If a person is sentenced under s. 973.032, he or she is eligible for a release to parole supervision under this section and remains in the intensive sanctions program unless discharged by the department under s. 301.048 (6) (a).

AB100, s. 3923 Section 3923. 304.062 (title) of the statutes is amended to read:

AB100,1591,13 304.062 (title) Ordering parolees and persons on community supervision to perform community service work.

AB100, s. 3924 Section 3924. 304.062 (1) of the statutes is amended to read:

AB100,1591,22 304.062 (1) The department may order that a parolee or a person on community supervision perform community service work for a public agency or a nonprofit charitable organization. An order may apply only if agreed to by the parolee or the person on community supervision and the organization or agency. The department shall ensure that the parolee or the person on community supervision is provided a written statement of the terms of the community service order and shall monitor the parolee's compliance of the parolee or person on community supervision with the community service order.

AB100, s. 3925 Section 3925. 304.062 (2) of the statutes is amended to read:

AB100,1592,4 304.062 (2) Any organization or agency acting in good faith to which a parolee or person on community supervision is assigned under an order under this section has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the parolee or person on community supervision. The department has immunity from any civil liability for acts or omissions by or impacting on the parolee or person on community supervision regarding the assignment under this section.

AB100, s. 3926 Section 3926. 304.063 (title) of the statutes is amended to read:

AB100,1592,7 304.063 (title) Notification prior to release on community supervision or parole.

AB100, s. 3927 Section 3927. 304.063 (2) (intro.) of the statutes is amended to read:

AB100,1592,14 304.063 (2) (intro.) Before a prisoner is released on parole under s. 302.11, 304.02 or 304.06 or on community supervision under s. 302.113 or 302.114, if applicable, for a violation of s. 940.01, 940.03, 940.05, 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06 or 948.07, the department shall make a reasonable effort to notify all of the following persons, if they can be found, in accordance with sub. (3) and after receiving a completed card under sub. (4):

AB100, s. 3928 Section 3928. 304.063 (3) of the statutes is amended to read:

AB100,1592,18 304.063 (3) The department shall make a reasonable effort to send the notice, postmarked at least 7 days before a prisoner is released on parole or community supervision, to the last-known address of the persons under sub. (2).

AB100, s. 3929 Section 3929. 304.063 (4) of the statutes is amended to read:

AB100,1593,5 304.063 (4) The department shall design and prepare cards for any person specified in sub. (2) to send to the department. The cards shall have space for any such person to provide his or her name and address, the name of the applicable prisoner and any other information the department determines is necessary. The department shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to persons specified in sub. (2). These persons may send completed cards to the department. All department records or portions of records that relate to mailing addresses of these persons are not subject to inspection or copying under s. 19.35 (1), but the department shall provide information from records kept under this subsection in response to a request for information made under s. 49.22 (2m).

AB100, s. 3930 Section 3930. 304.071 (2) of the statutes is amended to read:

AB100,1593,9 304.071 (2) If a prisoner is not eligible for parole under s. 939.62 (2m), 961.49 (2), 973.01 (6), 973.014 (1) (c) or (1g) or 973.032 (5), he or she is not eligible for parole under this section.

AB100, s. 3931 Section 3931. 304.072 (title) of the statutes is amended to read:

AB100,1593,12 304.072 (title) Period of probation, community supervision or parole tolled.

AB100, s. 3932 Section 3932. 304.072 (1) of the statutes is amended to read:

AB100,1593,23 304.072 (1) If the department of corrections in the case of a parolee or, probationer or person on community supervision who is reinstated or waives a hearing or the division of hearings and appeals in the department of administration in the case of a hearing determines that a parolee or , probationer or person on community supervision has violated the terms of his or her supervision, the department or division may toll all or any part of the period of time between the date of the violation and the date an order of revocation or reinstatement is entered, subject to credit according to the terms of s. 973.155 for any time the parolee or, probationer or person on community supervision spent confined in connection with the violation.

AB100, s. 3933 Section 3933. 304.072 (2) of the statutes is amended to read:

AB100,1594,5 304.072 (2) If a parolee or , probationer or person on community supervision is alleged to have violated the terms of his or her supervision but the department or division determines that the alleged violation was not proven, the period between the alleged violation and the determination shall be treated as service of the probationary, community supervision or parole period.

AB100, s. 3934 Section 3934. 304.072 (3) of the statutes is amended to read:

AB100,1594,11 304.072 (3) Except as provided in s. 973.09 (3) (b), the department preserves jurisdiction over a probationer or, parolee or person on community supervision if it commences an investigation, issues a violation report or issues an apprehension request concerning an alleged violation prior to the expiration of the probationer's or, parolee's or person's term of supervision.

AB100, s. 3935 Section 3935. 304.072 (4) of the statutes is amended to read:

AB100,1594,17 304.072 (4) The sentence of a revoked parolee or person on community supervision resumes running on the day he or she is received at a correctional institution subject to sentence credit for the period of custody in a jail, correctional institution or any other detention facility pending revocation according to the terms of s. 973.155.

AB100, s. 3936 Section 3936. 304.073 (1) (a) of the statutes is amended to read:

AB100,1594,20 304.073 (1) (a) "Administrative supervision" has the meaning given in rules promulgated under s. 301.08 (1) (c) 1. a.

AB100, s. 3937 Section 3937. 304.073 (1) (b) of the statutes is amended to read:

AB100,1594,23 304.073 (1) (b) "Minimum supervision" has the meaning given in rules promulgated under s. 301.08 (1) (c) 1. b.

AB100, s. 3938 Section 3938. 304.073 (2) of the statutes is amended to read:

AB100,1595,7 304.073 (2) Beginning on January 1, 1996, the department shall charge a fee to any probationer or, parolee or person on community supervision who is under minimum or administrative supervision and is supervised by the department. The fee does not apply if the person is supervised by a vendor under s. 301.08 (1) (c) 2. The department shall set the fee sufficient to cover the cost of supervision. The department shall collect moneys for the fee charged under this subsection and credit those moneys to the appropriation account under s. 20.410 (1) (ge).

AB100, s. 3939 Section 3939. 304.073 (2m) of the statutes is created to read:

AB100,1595,16 304.073 (2m) (a) If a probationer, parolee or person on community supervision who owes unpaid fees to the department under sub. (2) is discharged from probation or from his or her sentence before the department collects the unpaid fees, the department shall, at the time of discharge, issue a notice to the probationer, parolee or person on community supervision that states that he or she owes unpaid fees under sub. (2) and that he or she is responsible for the payment of the unpaid fees. The notice under this paragraph shall be issued with the certificate of discharge required under s. 304.078 or 973.09 (5).

AB100,1595,23 (b) The department may request the attorney general to bring a civil action to recover unpaid fees owed to the department under sub. (2) by a person who has been discharged from probation or from his or her sentence and who, at the time of discharge, owed the department unpaid fees under sub. (2). Before requesting the attorney general to bring a civil action under this paragraph, the department shall deduct any fees owed to the department that were inaccurately assessed against the person.

AB100, s. 3940 Section 3940. 304.073 (4) of the statutes is created to read:

AB100,1596,4 304.073 (4) The department may decide not to charge a fee under sub. (2) to any probationer, parolee or person on community supervision if the probationer, parolee or person on community supervision demonstrates that he or she is unable to pay the fee because of any of the following:

AB100,1596,6 (a) The probationer, parolee or person on community supervision is undergoing treatment approved by the department and is unable to work.

AB100,1596,10 (b) The probationer, parolee or person on community supervision has a statement from a physician certifying to the department that the probationer, parolee or person on community supervision should be excused from working for medical reasons.

AB100, s. 3941 Section 3941. 304.074 (title) of the statutes is amended to read:

AB100,1596,13 304.074 (title) Reimbursement fee for persons on probation and, parole, and community supervision.

AB100, s. 3942 Section 3942. 304.074 (1) (a) of the statutes is amended to read:

AB100,1596,16 304.074 (1) (a) "Administrative supervision" has the meaning given in rules promulgated under s. 301.08 (1) (c) 1. a.

AB100, s. 3943 Section 3943. 304.074 (1) (b) of the statutes is amended to read:

AB100,1596,19 304.074 (1) (b) "Minimum supervision" has the meaning given in rules promulgated under s. 301.08 (1) (c) 1. b.

AB100, s. 3944 Section 3944. 304.074 (2) of the statutes is amended to read:

AB100,1597,5 304.074 (2) Beginning on January 1, 1996, the department shall charge a fee to probationers and, parolees and persons on community supervision to partially reimburse the department for the costs of providing supervision and services. The department shall set varying rates for probationers and , parolees or persons on community supervision based on ability to pay and with the goal of receiving at least $1 per day, if appropriate, from each probationer and, parolee and person on community supervision. The department shall not charge a fee while the probationer or, parolee or person on community supervision is exempt under sub. (3). The department shall collect moneys for the fees charged under this subsection and credit those moneys to the appropriation account under s. 20.410 (1) (gf).

AB100, s. 3945 Section 3945. 304.074 (3) (intro.) of the statutes is amended to read:

AB100,1597,9 304.074 (3) (intro.) The department may decide not to charge a fee under sub. (2) to any probationer or, parolee or person on community supervision while he or she meets any of the following conditions:

AB100, s. 3946 Section 3946. 304.074 (3) (d) of the statutes is amended to read:

AB100,1597,13 304.074 (3) (d) Has a statement from a physician certifying to the department that the probationer or, parolee or person on community supervision should be excused from working for medical reasons.

AB100, s. 3947 Section 3947. 304.074 (4) of the statutes is amended to read:

AB100,1597,17 304.074 (4) The fee under sub. (2) does not apply to any probationer or, parolee or person on community supervision who is under minimum or administrative supervision.

AB100, s. 3948 Section 3948. 304.074 (4m) of the statutes is created to read:

AB100,1598,2 304.074 (4m) (a) If a probationer, parolee or person on community supervision who owes unpaid fees to the department under sub. (2) is discharged from probation or from his or her sentence before the department collects the unpaid fees, the department shall, at the time of discharge, issue a notice to the probationer, parolee or person on community supervision that states that he or she owes unpaid fees under sub. (2) and that he or she is responsible for the payment of the unpaid fees. The notice under this paragraph shall be issued with the certificate of discharge required under s. 304.078 or 973.09 (5).

AB100,1598,9 (b) The department may request the attorney general to bring a civil action to recover unpaid fees owed to the department under sub. (2) by a person who has been discharged from probation or from his or her sentence and who, at the time of discharge, owed the department unpaid fees under sub. (2). Before requesting the attorney general to bring a civil action under this paragraph, the department shall deduct any fees owed to the department that were inaccurately assessed against the person.

AB100, s. 3949 Section 3949. 304.075 of the statutes is amended to read:

AB100,1598,22 304.075 (title) Probationer and parolee loan Loan fund for probationers, parolees and persons on community supervision. The department shall create a revolving fund out of any moneys in its hands belonging to probationers and, parolees or persons on community supervision who absconded, or whose whereabouts are unknown. The fund shall be used to defray the expenses of clothing, transportation, maintenance and other necessities for probationers and, parolees and persons on community supervision who are without means to secure those necessities. All payments made from the fund shall be repaid by probationers or, parolees or persons on community supervision for whose benefit they are made whenever possible; and any moneys belonging to them so paid into the revolving fund shall be repaid to them in accordance with law, in case a claim therefor is filed with the department upon showing the legal right of the claimant to such money.

AB100, s. 3950 Section 3950. 304.13 (1) (intro.) of the statutes is amended to read:

AB100,1599,3 304.13 (1) (intro.) That it shall be competent for the duly constituted judicial and administrative authorities of a sending state to permit any person convicted of an offense within the sending state and placed on probation or released on community supervision or parole to reside in any receiving state while on probation, community supervision or parole, if:

AB100, s. 3951 Section 3951. 304.13 (2) of the statutes is amended to read:

AB100,1599,9 304.13 (2) That each receiving state will assume the duties of visitation of and supervision over probationers, persons on community supervision or parolees of any sending state and in the exercise of those duties will be governed by the same standards that prevail for its own probationers, persons on community supervision and parolees.

AB100, s. 3952 Section 3952. 304.13 (3) of the statutes is amended to read:

AB100,1599,24 304.13 (3) That the duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any person on probation, community supervision or parole. For that purpose no formalities will be required other than establishing the authority of the officer and the identity of the person to be retaken. All legal requirements to obtain extradition of fugitives from justice are expressly waived on the part of states party hereto, as to such persons. The decision of the sending state to retake a person on probation, community supervision or parole shall be conclusive upon and not reviewable within the receiving state; provided, however, that if at the time when a state seeks to retake a probationer , person on community supervision or parolee there should be pending against that person within the receiving state any criminal charge, or that person should be suspected of having committed within such state a criminal offense, that person shall not be retaken without the consent of the receiving state until discharged from prosecution or from imprisonment for such offense.

AB100, s. 3953 Section 3953. 304.13 (7) of the statutes is amended to read:

AB100,1600,7 304.13 (7) That this compact shall continue in force and remain binding upon such ratifying state until renounced by it. The duties and obligations hereunder of a renouncing state shall continue as to parolees, persons on community supervision or probationers residing therein at the time of withdrawal or until finally discharged by the sending state. Renunciation of this compact shall be by the same authority which ratified it, by sending 6 months' notice in writing of its intention to withdraw the compact to the other states party thereto.

AB100, s. 3954 Section 3954. 304.13 (8) (b) of the statutes is amended to read:

AB100,1600,11 304.13 (8) (b) "Sending state" means a party to this compact permitting its probationers, persons on community supervision and parolees to reside in a receiving state.

AB100, s. 3955 Section 3955. 304.135 of the statutes is amended to read:

AB100,1601,5 304.135 (title) Out-of-state parolee supervision of parolees and persons on community supervision without compact. The department may permit any person convicted of an offense within this state and placed on probation or released on community supervision or parole to reside in any other state not a party to the compact authorized by s. 304.13 whenever the authorities of the receiving state agree to assume the duties of visitation of and supervision over the probationer, person on community supervision or parolee, governed by the same standards that prevail for its own probationers, persons on community supervision and parolees, on the same terms as are provided in s. 304.13 (1) and (2) in the case of states signatory to the compact. Before permitting any probationer , person on community supervision or parolee to leave this state under this section, the department shall obtain from him or her a signed agreement to return to this state upon demand of the department and an irrevocable waiver of all procedure incidental to extradition. The department may, in like manner, receive for supervision probationers, persons on community supervision and parolees convicted in states not signatory to the compact, and shall have the same custody and control of those persons as it has over probationers, persons on community supervision and parolees of this state.

AB100, s. 3956 Section 3956. 304.137 of the statutes is amended to read:

AB100,1601,16 304.137 Determination concerning submission of human biological specimen. If the department accepts supervision of a probationer , person on community supervision or parolee from another state under s. 304.13 or 304.135, the department shall determine whether the violation of law for which the person is on probation, community supervision or parole is comparable to a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025. If the department determines that a person on probation, community supervision or parole from another state violated a law that is comparable to a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025, the department shall direct the probationer, person on community supervision or parolee to provide a biological specimen under s. 165.76.