AB100: Bill Text

AB100, s. 3898 Section 3898. 302.335 (title) of the statutes is amended to read:

AB100,1583,8 302.335 (title) Restrictions on detaining probationers and, parolees and persons on community supervision in county or tribal jail.

AB100, s. 3899 Section 3899. 302.335 (2) (intro.) of the statutes is amended to read:

AB100,1583,13 302.335 (2) (intro.) If a probationer or , parolee or person on community supervision is detained in a county jail or other county facility, or in a tribal jail under s. 302.445, pending disposition of probation or, parole or community supervision revocation proceedings, the following conditions apply:

AB100, s. 3900 Section 3900. 302.335 (2) (a) (intro.) of the statutes is amended to read:

AB100,1583,22 302.335 (2) (a) (intro.) The department shall begin a preliminary revocation hearing within 15 working days after the probationer or , parolee or person on community supervision is detained in the county jail, other county facility or the tribal jail. The department may extend, for cause, this deadline by not more than 5 additional working days upon written notice to the probationer or, parolee or person on community supervision and the sheriff, the tribal chief of police or other person in charge of the county facility. This paragraph does not apply under any of the following circumstances:

AB100, s. 3901 Section 3901. 302.335 (2) (a) 1. of the statutes is amended to read:

AB100,1583,25 302.335 (2) (a) 1. The probationer or , parolee or person on community supervision has waived, in writing, the right to a preliminary hearing.

AB100, s. 3902 Section 3902. 302.335 (2) (a) 2. of the statutes is amended to read:

AB100,1584,3 302.335 (2) (a) 2. The probationer or , parolee or person on community supervision has given and signed a written statement that admits the violation.

AB100, s. 3903 Section 3903. 302.335 (2) (a) 3. of the statutes is amended to read:

AB100,1584,8 302.335 (2) (a) 3. There has been a finding of probable cause in a felony criminal action and the probationer or, parolee or person on community supervision is bound over for trial for the same or similar conduct that is alleged to be a violation of supervision.

AB100, s. 3904 Section 3904. 302.335 (2) (a) 5. of the statutes is created to read:

AB100,1584,12 302.335 (2) (a) 5. The division offers to begin a final revocation hearing within 30 calendar days after the probationer, parolee or person on community supervision is detained in the county jail, other county facility or tribal jail.

AB100, s. 3905 Section 3905. 302.335 (2) (b) of the statutes is amended to read:

AB100,1584,21 302.335 (2) (b) The division shall begin a final revocation hearing within 50 calendar days after the person is detained in the county jail, other county facility or the tribal jail. The department may request the division to extend this deadline by not more than 10 additional calendar days, upon notice to the probationer or, parolee or person on community supervision, the sheriff, the tribal chief of police or other person in charge of the facility, and the division. The division may grant the request. This paragraph does not apply if the probationer or, parolee or person on community supervision has waived the right to a final revocation hearing.

AB100, s. 3906 Section 3906. 302.335 (3) of the statutes is amended to read:

AB100,1585,2 302.335 (3) If there is a failure to begin a hearing within the time requirements under sub. (2), the sheriff, the tribal chief of police or other person in charge of a county facility shall notify the department at least 24 hours before releasing a probationer or, parolee or person on community supervision under this subsection.

AB100, s. 3907 Section 3907. 302.335 (4) of the statutes is amended to read:

AB100,1585,8 302.335 (4) This section applies to probationers or, parolees or persons on community supervision who begin detainment in a county jail, other county facility or a tribal jail on or after July 1, 1990, except that this section does not apply to any probationer or, parolee or person on community supervision who is in the county jail, other facility or the tribal jail and serving a sentence.

AB100, s. 3908 Section 3908. 302.372 (2) (b) of the statutes is amended to read:

AB100,1585,23 302.372 (2) (b) Before seeking any reimbursement under this section, the county shall provide a form to be used for determining the financial status of prisoners. The form shall provide for obtaining the social security number of the prisoner, the age and marital status of a prisoner, the number and ages of children of a prisoner, the number and ages of other dependents of a prisoner, the income of a prisoner, type and value of real estate owned by a prisoner, type and value of personal property owned by a prisoner, the prisoner's cash and financial institution accounts, type and value of the prisoner's investments, pensions and annuities and any other personalty of significant cash value owned by a prisoner. The county shall use the form whenever investigating the financial status of prisoners. The information on a completed form is confidential and not open to public inspection or copying under s. 19.35 (1), except that the county shall provide information from a form completed under this paragraph in response to a request for information made under s. 49.22 (2m).

AB100, s. 3909 Section 3909. 303.01 (2) (em) of the statutes is repealed and recreated to read:

AB100,1586,17 303.01 (2) (em) Lease space, with or without equipment, within the precincts of state prisons, as specified in s. 302.02, or within the confines of correctional institutions operated by the department for holding in secure custody persons adjudged delinquent, to not more than 11 private businesses to employ prison inmates and institution residents to manufacture products or components or to provide services for sale on the open market. The department shall comply with s. 16.75 in selecting businesses under this paragraph. The department shall consult with appropriate trade organizations and labor unions prior to issuing requests for proposals and prior to selecting proposals under this paragraph. Each such private business may conduct its operations as a private business, subject to the wage standards under sub. (4), the disposition of earnings under sub. (8), the requirements for notification and hearing under sub. (1) (c), the requirement for prison industries board approval under s. 303.015 (1) (b) and the authority of the department to maintain security and control in its institutions. The private business and its operations are not a prison industry. Inmates employed by the private business are not subject to the requirements of inmates participating in prison industries, except as provided in this paragraph;

AB100, s. 3910 Section 3910. 303.01 (8) of the statutes is amended to read:

AB100,1587,5 303.01 (8) Disposition of earnings. The department has the authority to determine how much, if any, of the earnings of an inmate or resident may be spent and for what purposes they may be spent within the confines of the prison or institution. The department shall distribute earnings for the crime victim and witness assistance surcharge under s. 973.045 (4), for the delinquency victim and witness assistance surcharge under s. 938.34 (8d) (c), for the deoxyribonucleic acid analysis surcharge under s. 973.046 (4) and for compliance with s. 303.06 (2) and may distribute earnings for the support of the inmate's or resident's dependents and for other obligations either acknowledged by the inmate or resident in writing or which have been reduced to judgment that may be satisfied according to law. The department shall credit all moneys that it collects from earnings of inmates and residents under sub. (2) (em) to the appropriation account under s. 20.410 (1) (gi).

AB100, s. 3911 Section 3911. 303.065 (1) of the statutes is renumbered 303.065 (1) (a) and amended to read:

AB100,1587,10 303.065 (1) (a) The Except as provided in par. (b), the department may grant work release privileges to any person incarcerated within the state prisons, except that no.

AB100,1587,16 (b) 1. A person serving a life sentence, other than a life sentence specified in subd. 2., may be considered for work release until only after he or she has reached parole eligibility under s. 304.06 (1) (b) or 973.014 (1) (a) or (b), whichever is applicable, and no or he or she has reached his or her community supervision eligibility date under s. 302.114 (9) (b) or 973.014 (1g) (a) 1. or 2., whichever is applicable.

AB100,1587,18 2. A person serving a life sentence under s. 939.62 (2m) or 973.014 (1) (c) or (1g) (a) 3. may not be considered for work release.

AB100, s. 3912 Section 3912. 303.068 (4m) (d) of the statutes is amended to read:

AB100,1588,5 303.068 (4m) (d) The department shall design and prepare cards for any person specified in par. (b) 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 inmate 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 par. (b). 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 paragraph in response to a request for information made under s. 49.22 (2m).

AB100, s. 3913 Section 3913. 303.21 (1) (a) of the statutes is amended to read:

AB100,1588,18 303.21 (1) (a) If an inmate of a state institution, in the performance of assigned work is injured so as to be permanently incapacitated or to have materially reduced earning power, the inmate may, upon being released from such institution, either upon release on parole or community supervision or upon final discharge, be allowed and paid such compensation as the department of industry, labor and job development finds the inmate entitled to. The inmate shall be compensated on the same basis as if the injury had been covered by ch. 102, except that the total paid to any inmate may not exceed $10,000 and may be paid in instalments. If the injury results from employment in a prison industry, the payment shall be made from the revolving appropriation for its operation. If there is no revolving appropriation, payment shall be made from the general fund. In case of dispute, the procedure for hearing, award and appeal shall be as set forth in ss. 102.16 to 102.26.

AB100, s. 3914 Section 3914. 303.215 of the statutes is amended to read:

AB100,1589,5 303.215 Compensation to prisoners or residents injured in prison industries employment. In accordance with s. 102.03 (2), for an inmate of a state institution or a resident subject to s. 303.01 (1) (b) employed under s. 303.06 (2), compensation under ch. 102 on being released from the applicable institution, on parole, on community supervision, on final discharge or in accordance with ch. 938, whichever is applicable, is the exclusive remedy against the department and any employe of the department for any injury sustained by the inmate or resident while performing service growing out of and incidental to that employment. The department shall make any payments required under this section from the revolving appropriation for the operation of prison industries or, if there is no revolving appropriation for the operation of prison industries, from the general fund.

AB100, s. 3915 Section 3915. 304.02 (3) (a) of the statutes is amended to read:

AB100,1589,9 304.02 (3) (a) The prisoner population equals or exceeds the statewide prisoner population limit promulgated by rule under s. 301.055 operating capacity of Type 1 prisons established in the report under s. 301.03 (6t).

AB100, s. 3916 Section 3916. 304.02 (3) (c) of the statutes is amended to read:

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.