AB351: Bill Text

AB351,42,24 302.335 (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:

AB351, s. 103 Section 103. 302.335 (2) (a) (intro.) of the statutes is amended to read:

AB351,43,8 302.335 (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:

AB351, s. 104 Section 104. 302.335 (2) (a) 1. of the statutes is amended to read:

AB351,43,11 302.335 (2) (a) 1. The probationer or , parolee or person on community supervision has waived, in writing, the right to a preliminary hearing.

AB351, s. 105 Section 105. 302.335 (2) (a) 2. of the statutes is amended to read:

AB351,43,14 302.335 (2) (a) 2. The probationer or , parolee or person on community supervision has given and signed a written statement that admits the violation.

AB351, s. 106 Section 106. 302.335 (2) (a) 3. of the statutes is amended to read:

AB351,43,19 302.335 (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.

AB351, s. 107 Section 107. 302.335 (2) (b) of the statutes is amended to read:

AB351,44,3 302.335 (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.

AB351, s. 108 Section 108. 302.335 (3) of the statutes is amended to read:

AB351,44,8 302.335 (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.

AB351, s. 109 Section 109. 302.335 (4) of the statutes is amended to read:

AB351,44,14 302.335 (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.

AB351, s. 110 Section 110. 303.065 (1) of the statutes is renumbered 303.065 (1) (a) and amended to read:

AB351,44,19 303.065 (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.

AB351,44,25 (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.

AB351,45,2 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.

AB351, s. 111 Section 111. 303.21 (1) (a) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 68), is amended to read:

AB351,45,16 303.21 (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 workforce 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.

AB351, s. 112 Section 112. 303.215 of the statutes is amended to read:

AB351,46,3 303.215 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.

AB351, s. 113 Section 113. 304.02 (3) (c) of the statutes is amended to read:

AB351,46,7 304.02 (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.

AB351, s. 114 Section 114. 304.02 (4) of the statutes is amended to read:

AB351,46,11 304.02 (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).

AB351, s. 115 Section 115. 304.02 (5) of the statutes is amended to read:

AB351,46,15 304.02 (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.

AB351, s. 116 Section 116. 304.02 (6) of the statutes is created to read:

AB351,46,19 304.02 (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.

AB351, s. 117 Section 117. 304.06 (1) (b) of the statutes is amended to read:

AB351,47,10 304.06 (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.

AB351, s. 118 Section 118. 304.06 (1y) of the statutes is amended to read:

AB351,47,14 304.06 (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).

AB351, s. 119 Section 119. 304.062 (title) of the statutes is amended to read:

AB351,47,17 304.062 (title) Ordering parolees and persons on community supervision to perform community service work.

AB351, s. 120 Section 120. 304.062 (1) of the statutes is amended to read:

AB351,48,2 304.062 (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.

AB351, s. 121 Section 121. 304.062 (2) of the statutes is amended to read:

AB351,48,9 304.062 (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.

AB351, s. 122 Section 122. 304.063 (title) of the statutes is amended to read:

AB351,48,12 304.063 (title) Notification prior to release on community supervision or parole.

AB351, s. 123 Section 123. 304.063 (2) (intro.) of the statutes is amended to read:

AB351,48,19 304.063 (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):

AB351, s. 124 Section 124. 304.063 (3) of the statutes is amended to read:

AB351,48,23 304.063 (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).

AB351, s. 125 Section 125. 304.071 (2) of the statutes is amended to read:

AB351,49,3 304.071 (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.

AB351, s. 126 Section 126. 304.072 (title) of the statutes is amended to read:

AB351,49,6 304.072 (title) Period of probation, community supervision or parole tolled.

AB351, s. 127 Section 127. 304.072 (1) of the statutes is amended to read:

AB351,49,17 304.072 (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.

AB351, s. 128 Section 128. 304.072 (2) of the statutes is amended to read:

AB351,49,23 304.072 (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.

AB351, s. 129 Section 129. 304.072 (3) of the statutes is amended to read:

AB351,50,5 304.072 (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.

AB351, s. 130 Section 130. 304.072 (4) of the statutes is amended to read:

AB351,50,11 304.072 (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.

AB351, s. 131 Section 131. 304.073 (2) of the statutes is amended to read:

AB351,50,19 304.073 (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).

AB351, s. 132 Section 132. 304.074 (title) of the statutes is amended to read:

AB351,50,22 304.074 (title) Reimbursement fee for persons on probation and, parole, and community supervision.

AB351, s. 133 Section 133. 304.074 (2) of the statutes is amended to read:

AB351,51,8 304.074 (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).

AB351, s. 134 Section 134. 304.074 (3) (intro.) of the statutes is amended to read:

AB351,51,12 304.074 (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:

AB351, s. 135 Section 135. 304.074 (3) (d) of the statutes is amended to read:

AB351,51,16 304.074 (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.

AB351, s. 136 Section 136. 304.074 (4) of the statutes is amended to read:

AB351,51,20 304.074 (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.

AB351, s. 137 Section 137. 304.075 of the statutes is amended to read:

AB351,52,8 304.075 (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.

AB351, s. 138 Section 138. 304.13 (1) (intro.) of the statutes is amended to read:

AB351,52,14 304.13 (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:

AB351, s. 139 Section 139. 304.13 (2) of the statutes is amended to read:

AB351,52,20 304.13 (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.

AB351, s. 140 Section 140. 304.13 (3) of the statutes is amended to read:

AB351,53,10 304.13 (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.

AB351, s. 141 Section 141. 304.13 (7) of the statutes is amended to read:

AB351,53,18 304.13 (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.

AB351, s. 142 Section 142. 304.13 (8) (b) of the statutes is amended to read:

AB351,53,22 304.13 (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.

AB351, s. 143 Section 143. 304.135 of the statutes is amended to read:

AB351,54,16 304.135 (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.

AB351, s. 144 Section 144. 304.137 of the statutes is amended to read:

AB351,55,2 304.137 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.

AB351, s. 145 Section 145. 304.14 of the statutes is amended to read:

AB351,55,12 304.14 (title) Cooperative return of parole , community supervision and probation violators. The secretary may deputize any person regularly employed by another state to act as an officer and agent of this state in effecting the return of any person who has violated the terms and conditions of parole, community supervision or probation as granted by this state. In any matter relating to the return of such person, any agent so deputized shall have all the powers of a police officer of this state. Any deputization pursuant to this section shall be in writing and any person authorized to act as an agent under this section shall carry formal evidence of the deputization and shall produce the same upon demand.