AB100: Bill Text

AB100, s. 3864 Section 3864. 301.45 (1) (bm) of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB100,1562,14 301.45 (1) (bm) Is in prison, a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or on probation, community supervision, parole, supervision or aftercare supervision on or after December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of a law of this state that is comparable to s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30 or that is comparable to a violation of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent.

AB100, s. 3865 Section 3865. 301.45 (1) (dh) of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB100,1562,23 301.45 (1) (dh) Is on parole, community supervision or probation in this state from another state under s. 304.13 or 304.135 on or after December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of the law of another state that is comparable to a violation of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30 or that is comparable to a violation of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent.

AB100, s. 3866 Section 3866. 301.45 (2) (a) 4. b. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB100,1563,3 301.45 (2) (a) 4. b. The date the person was or is to be released from confinement, whether on parole, community supervision or otherwise, or discharged or terminated from a sentence or commitment.

AB100, s. 3867 Section 3867. 301.45 (2) (e) 1. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB100,1563,8 301.45 (2) (e) 1. Within 10 days after the person being placed on parole, community supervision, probation, supervision, aftercare supervision, conditional release or supervised release.

AB100, s. 3868 Section 3868. 301.45 (2) (e) 2. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB100,1563,13 301.45 (2) (e) 2. If the person is on parole, community supervision or probation from another state under s. 304.13 or 304.135, within 10 days after the person enters this state.

AB100, s. 3869 Section 3869. 301.45 (3) (a) 1m. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB100,1563,18 301.45 (3) (a) 1m. If the person is on parole, community supervision or probation from another state under s. 304.13 or 304.135, he or she is subject to this subsection upon entering this state.

AB100, s. 3870 Section 3870. 301.45 (3) (a) 2. of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

AB100,1563,24 301.45 (3) (a) 2. If the person has been sentenced to prison or placed in a secured correctional facility or a secured child caring institution, he or she is subject to this subsection upon being released on parole, community supervision or aftercare supervision.

AB100, s. 3871 Section 3871. 301.45 (3) (b) 2. of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

AB100,1564,11 301.45 (3) (b) 2. The department shall notify a person who is being released from prison because he or she has reached the expiration date of his or her sentence and who is covered under sub. (1) of the need to comply with this section. Also, probation, community supervision and parole agents, aftercare agents and agencies providing supervision shall notify any client who is covered under sub. (1) of the need to comply with this section at the time the client is placed on probation, community supervision, parole, supervision or aftercare supervision or, if the client is on probation, community supervision or parole from another state under s. 304.13 or 304.135, when the client enters this state.

AB100, s. 3872 Section 3872. 301.45 (3) (b) 4. of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

AB100,1564,17 301.45 (3) (b) 4. Failure to receive notice under this paragraph from the department of health and family services, the department of corrections, a probation, community supervision and parole agent, an aftercare agent or an agency providing supervision is not a defense to liability under sub. (6).

AB100, s. 3873 Section 3873. 301.45 (5) (a) 1m. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB100,1564,22 301.45 (5) (a) 1m. If the person is on parole, community supervision or probation from another state under s. 304.13 or 304.135, 15 years after discharge from that parole, community supervision or probation.

AB100, s. 3874 Section 3874. 301.45 (7) (a) of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

AB100,1565,4 301.45 (7) (a) The department shall maintain information provided under sub. (2). The department shall keep the information confidential except as provided in s. 301.46 and, except as needed for law enforcement purposes and except to provide information in response to a request for information made under s. 49.22 (2m).

AB100, s. 3875 Section 3875. 301.46 (2) (b) 4. b. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB100,1565,9 301.46 (2) (b) 4. b. The date the person was released from confinement, whether on parole, community supervision or otherwise, or discharged or terminated from a sentence or commitment.

AB100, s. 3876 Section 3876. 301.46 (4) (a) 5. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB100,1565,12 301.46 (4) (a) 5. A shelter care facility licensed under s. 48.48 938.22.

AB100, s. 3877 Section 3877. 301.46 (4) (a) 8. of the statutes is amended to read:

AB100,1565,15 301.46 (4) (a) 8. An agency providing child welfare services under s. 48.48 (17) (b) or 48.57 (2).

AB100, s. 3878 Section 3878. 301.47 of the statutes is created to read:

AB100,1565,18 301.47 Criminal gang data bank; information regarding criminal gangs. (1) Definitions. In this section:

AB100,1565,22 (a) "Correctional authority" means any sheriff, superintendent, jailer or other person in charge of a jail, house of correction or other county or municipal correctional or detention facility. "Correctional authority" does not include the department.

AB100,1565,23 (b) "Criminal gang" has the meaning given in s. 939.22 (9).

AB100,1565,24 (c) "Criminal gang member" has the meaning given in s. 939.22 (9g).

AB100,1565,25 (d) "Law enforcement agency" has the meaning given in s. 165.83 (1) (b).

AB100,1566,5 (2) Duties of department; criminal gang data bank. The department shall establish a criminal gang data bank for use by correctional authorities and law enforcement agencies in investigating, apprehending and prosecuting criminal gang members. In establishing a criminal gang data bank, the department shall do all of the following:

AB100,1566,8 (a) Specify the information relating to criminal gangs and the arrest of criminal gang members that the criminal gang data bank will contain and obtain, compile and file that information.

AB100,1566,11 (b) Furnish all correctional authorities and law enforcement agencies with forms and instructions which specify in detail the nature of the information required under par. (a) and any other matters which facilitate collection.

AB100,1566,15 (c) As an alternative to requiring completion of the reporting forms furnished under par. (b), allow correctional authorities and law enforcement agencies to enter data directly into the criminal gang data bank using procedures established by the department.

AB100,1566,19 (d) Provide correctional authorities and law enforcement agencies with access to the criminal gang data bank through the transaction information for the management of enforcement system or any other computerized or direct electronic data transfer system.

AB100,1566,21 (e) Establish a method to confirm criminal gang membership and to ensure the timely and accurate entry of information into the criminal gang data bank.

AB100,1566,25 (f) Conduct reviews of correctional authorities and law enforcement agencies that enter information directly into the criminal gang data bank under par. (c) to ensure that the correctional authorities and law enforcement agencies are complying with the methods established under par. (e).

AB100,1567,2 (g) Notify all correctional authorities and law enforcement agencies when the criminal gang data bank required under this subsection has become operational.

AB100,1567,5 (h) Notify all correctional authorities and law enforcement agencies that may benefit from the criminal gang data bank of the existence of the criminal gang data bank.

AB100,1567,11 (3) Duties of department; notification of new criminal gang information. The department shall develop and implement a policy for notifying correctional authorities and law enforcement agencies about changes in criminal gang names or identifying signs or symbols and about the emergence of newly organized gangs. The department may use the criminal gang data bank established under sub. (2) in carrying out its duties under this subsection.

AB100,1567,16 (3m) Duties of the department; information concerning criminal gang members. (a) If the department identifies an individual who is in its custody to be a criminal gang member and the individual is not listed in the criminal gang data bank, the department shall enter into the criminal gang data bank the information required under sub. (2) (a).

AB100,1567,21 (b) If an individual who is in the custody of the department is listed as a criminal gang member in the criminal gang data bank and the department determines that the information concerning the individual is not accurate or has not been updated, the department shall enter into the criminal gang data bank the correct or updated information.

AB100,1568,3 (4) Duties of correctional authorities. (a) If a correctional authority identifies an individual who is in its custody to be a criminal gang member and the individual is not listed in the criminal gang data bank, the correctional authority shall, using the forms provided under sub. (2) (b) or the direct data entry procedure under sub. (2) (c), notify the department that it has identified the individual to be a criminal gang member and provide the department with the information required under sub. (2) (a).

AB100,1568,9 (b) If an individual who is in the custody of a correctional authority is listed as a criminal gang member in the criminal gang data bank and the correctional authority determines that the information concerning the individual is not accurate or has not been updated, the correctional authority shall, using the forms provided under sub. (2) (b) or the direct data entry procedure under sub. (2) (c), notify the department of the correct or updated information.

AB100,1568,11 (c) Correctional authorities shall cooperate with the department in the planning and implementation of the criminal gang data bank under sub. (2).

AB100,1568,18 (5) Duties of law enforcement agencies. (a) If a law enforcement agency identifies as a criminal gang member an individual who the law enforcement agency has arrested and the individual is not listed in the criminal gang data bank, the law enforcement agency shall, using the forms provided under sub. (2) (b) or the direct data entry procedure under sub. (2) (c), notify the department that it has identified the individual to be a criminal gang member and provide the department with the information required under sub. (2) (a).

AB100,1568,24 (b) If an individual who has been arrested by a law enforcement agency is listed as a criminal gang member in the criminal gang data bank and the law enforcement agency determines that the information concerning the individual is not accurate or has not been updated, the law enforcement agency shall, using the forms provided under sub. (2) (b) or the direct data entry procedure under sub. (2) (c), notify the department of the correct or updated information.

AB100,1569,5 (c) If an individual who is arrested by a law enforcement agency is charged with a crime and the law enforcement agency identifies the individual to be a criminal gang member or knows that the individual is listed in the criminal gang data bank, the law enforcement agency shall notify the prosecutor of the individual's criminal gang member status.

AB100,1569,7 (d) Law enforcement agencies shall cooperate with the department in the planning and implementation of the criminal gang data bank under sub. (2).

AB100,1569,10 (6) Duties of the department of justice. The department of justice shall cooperate with the department in the planning, implementation and operation of the criminal gang data bank under sub. (2).

AB100, s. 3879 Section 3879. 302.01 of the statutes is amended to read:

AB100,1570,6 302.01 State prisons named and defined. The penitentiary at Waupun is named "Waupun Correctional Institution". The correctional treatment center at Waupun is named "Dodge Correctional Institution". The penitentiary at Green Bay is named "Green Bay Correctional Institution". The medium/maximum penitentiary at Portage is named "Columbia Correctional Institution". The medium security institution at Oshkosh is named "Oshkosh Correctional Institution". The medium security penitentiary near Fox Lake is named "Fox Lake Correctional Institution". The penitentiary at Taycheedah is named "Taycheedah Correctional Institution". The medium security penitentiary at Plymouth is named "Kettle Moraine Correctional Institution". The penitentiary at the village of Sturtevant in Racine county is named "Racine Correctional Institution". The medium security penitentiary at Racine is named "Racine Youthful Offender Correctional Facility". The resource facility at Oshkosh is named "Wisconsin Resource Center". The institutions named in this section, the correctional institutions institution authorized under s. 301.16 (1n) or (1o), correctional institution authorized under 1997 Wisconsin Act .... (this act), section 9111 (2 ) (a), correctional institution authorized under s. 301.046 (1), correctional institution authorized under s. 301.048 (4) (b), minimum security correctional institutions authorized under s. 301.13, and state-local shared correctional facilities when established under s. 301.14, are state prisons.

AB100, s. 3880 Section 3880. 302.02 (3t) of the statutes is amended to read:

AB100,1570,14 302.02 (3t) (title) Other states' institutions Institutions located in other states. For all purposes of discipline and for judicial proceedings, each institution of that is located in another state or of a political subdivision of another state and authorized for use under s. 301.21 or 301.22 and the precincts thereof of the institution shall be deemed to be in a county in which the institution is physically located, and the courts of that county shall have jurisdiction of any activity, wherever located, conducted by the institution.

AB100, s. 3881 Section 3881. 302.045 (1) of the statutes is amended to read:

AB100,1570,24 302.045 (1) Program. The department shall provide a challenge incarceration program for inmates selected to participate under sub. (2). The program shall provide participants with strenuous physical exercise, manual labor, personal development counseling, substance abuse treatment and education, military drill and ceremony and counseling in preparation for release on parole or community supervision. The department shall design the program to include not less than 50 participants at a time and so that a participant may complete the program in not more than 180 days. The department may restrict participant privileges as necessary to maintain discipline.

AB100, s. 3882 Section 3882. 302.045 (3) of the statutes is amended to read:

AB100,1571,7 302.045 (3) Parole eligibility. Except as provided in sub. (4), if the department determines that an inmate has successfully completed the challenge incarceration program, the parole commission shall parole the inmate under s. 304.06, regardless of the time the inmate has served, unless the person is serving a sentence imposed under s. 973.01. When the parole commission grants parole under this subsection, it must require the parolee to participate in an intensive supervision program for drug abusers as a condition of parole.

AB100, s. 3883 Section 3883. 302.11 (1) of the statutes is amended to read:

AB100,1571,14 302.11 (1) The warden or superintendent shall keep a record of the conduct of each inmate, specifying each infraction of the rules. Except as provided in subs. (1g), (1m), (1z), (7) and (10), each inmate is entitled to mandatory release on parole by the department. The mandatory release date is established at two-thirds of the sentence. Any calculations under this subsection or sub. (2) (b) resulting in fractions of a day shall be rounded in the inmate's favor to a whole day.

AB100, s. 3884 Section 3884. 302.11 (1g) (am) of the statutes is amended to read:

AB100,1571,18 302.11 (1g) (am) The mandatory release date established in sub. (1) is a presumptive mandatory release date for an inmate who is serving a sentence for a serious felony committed on or after April 21, 1994, but before July 1, 1998.

AB100, s. 3885 Section 3885. 302.11 (1i) of the statutes is amended to read:

AB100,1571,23 302.11 (1i) An Except as provided in sub. (1z), an inmate serving a sentence to the intensive sanctions program is entitled to mandatory release. The mandatory release date under sub. (1) is established at two-thirds of the sentence under s. 973.032 (3) (a).

AB100, s. 3886 Section 3886. 302.11 (1p) of the statutes is amended to read:

AB100,1572,3 302.11 (1p) An inmate serving a term subject to s. 961.49 (2) for a crime committed before July 1, 1998, is entitled to mandatory release, except the inmate may not be released before he or she has complied with s. 961.49 (2).

AB100, s. 3887 Section 3887. 302.11 (1z) of the statutes is created to read:

AB100,1572,7 302.11 (1z) An inmate who is sentenced to a term of confinement in prison under s. 973.01 for a felony that is committed on or after July 1, 1998, is not entitled to mandatory release on parole under this section.

AB100, s. 3888 Section 3888. 302.11 (6) of the statutes is amended to read:

AB100,1572,17 302.11 (6) Any inmate released on parole under sub. (1) or (1g) (b) or s. 304.02 or 304.06 (1) is subject to all conditions and rules of parole until the expiration of the sentence or until he or she is discharged by the department. Except as provided in ch. 304, releases from prison shall be on the Tuesday or Wednesday preceding the release date. The department may discharge a parolee on or after his or her mandatory release date or after 2 years of supervision. Any inmate sentenced to the intensive sanctions program who is released on parole under sub. (1) or s. 304.02 or 304.06 (1) remains in the program unless discharged by the department under s. 301.048 (6) (a).

AB100, s. 3889 Section 3889. 302.11 (9) of the statutes is amended to read:

AB100,1572,21 302.11 (9) Except as provided in sub. subs. (1g) (am) and (1z), this section applies to persons committing offenses occurring on or after June 1, 1984, or persons filing requests in accordance with 1983 Wisconsin Act 528, section 29 (2) or (3).

AB100, s. 3890 Section 3890. 302.113 of the statutes is created to read:

AB100,1572,25 302.113 Release to community supervision for felony offenders not serving life sentences. (1) An inmate is subject to this section if he or she is serving a bifurcated sentence imposed under s. 973.01.

AB100,1573,3 (2) Except as provided in subs. (3) and (9), an inmate subject to this section is entitled to release to community supervision after he or she has served the term of confinement in prison portion of the sentence imposed under s. 973.01.

AB100,1573,8 (3) (a) The warden or superintendent shall keep a record of the conduct of each inmate subject to this section, specifying each infraction of the rules. If an inmate subject to this section violates any regulation of the prison or refuses or neglects to perform required or assigned duties, the department may extend the term of confinement in prison portion of the inmate's bifurcated sentence as follows:

AB100,1573,9 1. 10 days for the first offense.

AB100,1573,10 2. 20 days for the 2nd offense.

AB100,1573,11 3. 40 days for the 3rd or each subsequent offense.

AB100,1573,18 (b) In addition to the sanctions under par. (a), if an inmate subject to this section is placed in adjustment, program or controlled segregation status, the department may extend his or her term of confinement in prison portion of the bifurcated sentence by a number of days equal to 50% of the number of days spent in segregation status. In administering this paragraph, the department shall use the definition of adjustment, program or controlled segregation status under departmental rules in effect at the time an inmate is placed in that status.

AB100,1573,21 (c) No extension of a term of confinement in prison under this subsection may require an inmate to serve more days in prison than the total length of the bifurcated sentence imposed under s. 973.01.

AB100,1573,24 (d) If the term of confinement in prison portion of a bifurcated sentence is increased under this subsection, the term of community supervision is reduced so that the total length of the bifurcated sentence does not change.

AB100,1574,3 (4) All consecutive sentences shall be computed as one continuous sentence. The person shall serve any term of community supervision after serving all terms of confinement in prison.

AB100,1574,5 (5) An inmate may waive entitlement to release to community supervision if the department agrees to the waiver.