AB351: Bill Text

AB351, s. 16 Section 16. 51.20 (13) (g) 2m. of the statutes is amended to read:

AB351,10,20 51.20 (13) (g) 2m. In addition to the provisions under subds. 1., 2. and 2g., no commitment ordered under par. (a) 4. or 4m. may continue beyond the inmate's date of release on parole or community supervision, as determined under s. 302.11 or 302.113, whichever is applicable.

AB351, s. 17 Section 17. 51.30 (4) (b) 10. (intro.) of the statutes is amended to read:

AB351,11,8 51.30 (4) (b) 10. (intro.) To a correctional facility or to a probation, community supervision and parole agent who is responsible for the supervision of an individual who is receiving inpatient or outpatient evaluation or treatment under this chapter in a program that is operated by, or is under contract with, the department or a county department under s. 51.42 or 51.437, or in a treatment facility, as a condition of the probation, community supervision and parole supervision plan, or whenever such an individual is transferred from a state or local correctional facility to such a treatment program and is then transferred back to the correctional facility. Every probationer or, parolee or person on community supervision who receives evaluation or treatment under this chapter shall be notified of the provisions of this subdivision by the individual's probation, community supervision and parole agent. Release of records under this subdivision is limited to:

AB351, s. 18 Section 18. 51.30 (4) (b) 10. a. of the statutes is amended to read:

AB351,11,11 51.30 (4) (b) 10. a. The report of an evaluation which is provided pursuant to the written probation, community supervision and parole supervision plan.

AB351, s. 19 Section 19. 51.30 (4) (b) 10. b. of the statutes is amended to read:

AB351,11,15 51.30 (4) (b) 10. b. The discharge summary, including a record or summary of all somatic treatments, at the termination of any treatment which is provided as part of the probation, community supervision and parole supervision plan.

AB351, s. 20 Section 20. 51.30 (4) (b) 10. d. of the statutes is amended to read:

AB351,11,24 51.30 (4) (b) 10. d. Any information necessary to establish, or to implement changes in, the individual's treatment plan or the level and kind of supervision on probation, community supervision or parole, as determined by the director of the facility or the treatment director. In cases involving a person transferred back to a correctional facility, disclosure shall be made to clinical staff only. In cases involving a person on probation, community supervision or parole, disclosure shall be made to a probation, community supervision and parole agent only. The department shall promulgate rules governing the release of records under this subdivision.

AB351, s. 21 Section 21. 51.37 (8) (a) of the statutes is amended to read:

AB351,12,10 51.37 (8) (a) Rights to reexamination under s. 51.20 (16) apply to a prisoner or inmate who is found to be mentally ill or drug dependent except that the petition shall be made to the court that made the finding or, if the prisoner or inmate is detained by transfer, to the circuit court of the county in which he or she is detained. If upon rehearing it is found that the standards for recommitment under s. 51.20 (13) (g) no longer apply to the prisoner or inmate or that he or she is not in need of psychiatric or psychological treatment, the prisoner or inmate shall be returned to the prison or county jail or house of correction unless it is past his or her release date as determined under s. 302.11 or 302.113, whichever is applicable, in which case he or she shall be discharged.

AB351, s. 22 Section 22. 51.37 (8) (b) of the statutes is amended to read:

AB351,12,25 51.37 (8) (b) If the condition of any prisoner or inmate committed or transferred under this section requires psychiatric or psychological treatment after his or her date of release as determined under s. 302.11 or 302.113, whichever is applicable, the director of the state treatment facility shall, within a reasonable time before the release date of the prisoner or inmate, make a written application to the court which committed the prisoner or inmate under sub. (5) (a). Thereupon, the proceeding shall be upon application made under s. 51.20, but no physician or psychologist who is connected with a state prison, Winnebago or Mendota mental health institute or any county jail or house of correction may be appointed as an examiner. If the court does not commit the prisoner or inmate, it may dismiss the application and order the prisoner or inmate returned to the institution from which he or she was transferred until the release date of the prisoner or inmate. If the court commits the prisoner or inmate for the period commencing upon his or her release date, the commitment shall be to the care and custody of the county department under s. 51.42 or 51.437.

AB351, s. 23 Section 23. 51.37 (11) of the statutes is amended to read:

AB351,13,7 51.37 (11) When an individual who is in the custody of or under the supervision of a correctional officer of the department of corrections is transferred, discharged or is on unauthorized absence from a treatment facility, the probation , community supervision and parole agent or other individual within the department of corrections who is responsible for that individual's supervision shall be notified as soon as possible by the director of the treatment facility.

AB351, s. 24 Section 24. 71.83 (2) (b) of the statutes is amended to read:

AB351,13,18 71.83 (2) (b) Felony. 1. `False income tax return; fraud.' Any person, other than a corporation or limited liability company, who renders a false or fraudulent income tax return with intent to defeat or evade any assessment required by this chapter shall be guilty of a felony and may be fined not to exceed more than $10,000 or imprisoned for not to exceed 5 more than 7 years and 6 months or both, together with the cost of prosecution. In this subdivision, "return" includes a separate return filed by a spouse with respect to a taxable year for which a joint return is filed under s. 71.03 (2) (g) to (L) after the filing of that separate return, and a joint return filed by the spouses with respect to a taxable year for which a separate return is filed under s. 71.03 (2) (m) after the filing of that joint return.

AB351,13,25 2. `Officer of a corporation; false franchise or income tax return.' Any officer of a corporation or manager of a limited liability company required by law to make, render, sign or verify any franchise or income tax return, who makes any false or fraudulent franchise or income tax return, with intent to defeat or evade any assessment required by this chapter shall be guilty of a felony and may be fined not to exceed more than $10,000 or imprisoned for not to exceed 5 more than 7 years and 6 months or both, together with the cost of prosecution.

AB351,14,5 3. `Evasion.' Any person who removes, deposits or conceals or aids in removing, depositing or concealing any property upon which a levy is authorized with intent to evade or defeat the assessment or collection of any tax administered by the department may be fined not more than $5,000 or imprisoned for not more than 3 4 years and 6 months or both, together with the costs of prosecution.

AB351,14,12 4. `Fraudulent claim for credit.' The claimant who filed a claim for credit under s. 71.07, 71.28 or 71.47 or subch. VIII or IX that is false or excessive and was filed with fraudulent intent and any person who assisted in the preparation or filing of the false or excessive claim or supplied information upon which the false or excessive claim was prepared, with fraudulent intent, may be fined not to exceed more than $10,000 or imprisoned for not to exceed 5 more than 7 years and 6 months or both, together with the cost of prosecution.

AB351, s. 25 Section 25. 106.215 (8g) (b) of the statutes is amended to read:

AB351,14,19 106.215 (8g) (b) If the department of corrections is a sponsor of a project that is approved under this subsection, the corps members on the project shall be prisoners in state prison, probationers or, parolees or persons on community supervision and the members of the project shall receive applicable alcohol or other drug abuse treatment and educational programming services for a portion of each work week, but not to exceed 8 hours per work week.

AB351, s. 26 Section 26. 111.32 (3) of the statutes is amended to read:

AB351,14,25 111.32 (3) "Conviction record" includes, but is not limited to, information indicating that an individual has been convicted of any felony, misdemeanor or other offense, has been adjudicated delinquent, has been less than honorably discharged, or has been placed on probation, fined, imprisoned, placed on community supervision or paroled pursuant to any law enforcement or military authority.

AB351, s. 27 Section 27. 132.13 (1) (a) of the statutes is amended to read:

AB351,15,19 132.13 (1) (a) All goods, wares, and merchandise made wholly or in part by convict labor in any penitentiary, prison, reformatory or other establishment in which convict labor is employed except convicts or prisoners on parole , community supervision or probation, shall before being exposed for sale be branded, labeled, marked or tagged as herein provided and shall not be exposed for sale or sold in this state without such brand, label, mark or tag. Such brand, label, mark or tag shall contain at the head or top thereof the words "convict-made" followed by the name of the penitentiary, prison, or other establishment in which it was made in plain English lettering of the style and size known as eighteen point Cheltenham bold type capitals. The brand or mark shall in all cases where the nature of the articles will permit be placed on each individual article or part of such article that is sold, and only where such branding or marking is impossible shall a label or tag be used and where a label is used it shall be securely pasted onto each such article and when a tag is used it shall be a paper tag securely fastened to such article or part of article sold. In addition to the marking of each article or part of article sold a similar brand, mark, label or tag shall be placed upon the outside or upon its box, crate, or other covering. All brands, labels, marks, and tags shall be placed on a conspicuous part of such article or part of article and its container.

AB351, s. 28 Section 28. 139.44 (1m) of the statutes is amended to read:

AB351,15,23 139.44 (1m) Any person who falsely or fraudulently tampers with a cigarette meter in order to evade the tax under s. 139.31 shall be imprisoned for not less than one year nor more than 10 15 years.

AB351, s. 29 Section 29. 139.44 (2) of the statutes is amended to read:

AB351,16,5 139.44 (2) Any person who makes or verifies any false or fraudulent report or who attempts to evade the tax imposed by s. 139.31 or 139.76, or who aids in or abets the evasion or attempted evasion of that tax shall be fined not less than $1,000 nor more than $5,000 or imprisoned not less than 90 days nor more than one year 2 years or both.

AB351, s. 30 Section 30. 139.44 (8) (c) of the statutes is amended to read:

AB351,16,8 139.44 (8) (c) If the number of cigarettes exceeds 36,000, a fine of not more than $10,000 or imprisonment for not more than 2 3 years or both.

AB351, s. 31 Section 31. 139.95 (2) of the statutes is amended to read:

AB351,16,13 139.95 (2) A dealer who possesses a schedule I controlled substance or schedule II controlled substance that does not bear evidence that the tax under s. 139.88 has been paid may be fined not more than $10,000 or imprisoned for not more than 5 7 years and 6 months or both.

AB351, s. 32 Section 32. 139.95 (3) of the statutes is amended to read:

AB351,16,22 139.95 (3) Any person who falsely or fraudulently makes, alters or counterfeits any stamp or procures or causes the same to be done or who knowingly utters, publishes, passes or tenders as true any false, altered or counterfeit stamp or who affixes a counterfeit stamp to a schedule I controlled substance or schedule II controlled substance or who possesses a schedule I controlled substance or schedule II controlled substance to which a false, altered or counterfeit stamp is affixed may be fined not more than $10,000 or imprisoned for not less than one year nor more than 10 15 years or both.

AB351, s. 33 Section 33. 165.76 (1) (a) of the statutes is amended to read:

AB351,17,3 165.76 (1) (a) Is in prison or 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 August 12, 1993, for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025.

AB351, s. 34 Section 34. 165.76 (1) (e) of the statutes is amended to read:

AB351,17,9 165.76 (1) (e) Is on parole, community supervision or probation in this state from another state under s. 304.13 or 304.135 on or after July 9, 1996, for a violation of the law of another state that the department of corrections determines, under s. 304.137, is comparable to a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025.

AB351, s. 35 Section 35. 165.76 (2) (b) 1. of the statutes is amended to read:

AB351,17,15 165.76 (2) (b) 1. If the person has been placed on probation or supervision, he or she shall provide the specimen under par. (a) at the office of a county sheriff as soon after the placement as practicable, as directed by his or her probation , community supervision and parole agent or, if a child, the agency providing supervision for the child.

AB351, s. 36 Section 36. 165.76 (2) (b) 2. of the statutes is amended to read:

AB351,17,24 165.76 (2) (b) 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 shall provide the specimen under par. (a) at the office of a county sheriff as soon as practicable after release on parole, community supervision or aftercare supervision, as directed by his or her probation, community supervision and parole agent or aftercare agent, except that the department of corrections may require the person to provide the specimen while he or she is in prison or in a secured correctional facility or a secured child caring institution.

AB351, s. 37 Section 37. 165.76 (2) (b) 3m. of the statutes is amended to read:

AB351,18,5 165.76 (2) (b) 3m. If the person is on parole , community supervision or probation in this state from another state under s. 304.13 or 304.135, he or she shall provide the specimen under par. (a) at the office of a county sheriff as soon as practicable after entering this state, as directed by his or her probation, community supervision and parole agent.

AB351, s. 38 Section 38. 165.76 (2) (b) 5. of the statutes is amended to read:

AB351,18,12 165.76 (2) (b) 5. Notwithstanding subds. 1. to 3., for persons who are subject to sub. (1) and who are in prison, a secured correctional facility or a secured child caring institution or on probation, community supervision, parole, supervision or aftercare supervision on August 12, 1993, the departments of justice, corrections and health and family services shall cooperate to have these persons provide specimens under par. (a) before July 1, 1998.

AB351, s. 39 Section 39. 165.76 (2) (b) 6. of the statutes is amended to read:

AB351,18,18 165.76 (2) (b) 6. Notwithstanding subd. 3m., for a person who is subject to sub. (1) (e) and who is on parole, community supervision or probation in this state from another state on July 9, 1996, the department of justice and the department of corrections shall cooperate to have these persons provide specimens under par. (a) before July 1, 2000.

AB351, s. 40 Section 40. 165.84 (5) of the statutes is amended to read:

AB351,19,2 165.84 (5) All persons in charge of law enforcement and tribal law enforcement agencies, all clerks of court, all municipal judges where they have no clerks, all persons in charge of state and county penal and correctional institutions, and all persons in charge of state and county probation, community supervision and parole offices, shall supply the department with the information described in s. 165.83 (2) (f) on the basis of the forms and instructions to be supplied by the department under s. 165.83 (2) (g).

AB351, s. 41 Section 41. 227.03 (4) of the statutes is amended to read:

AB351,19,9 227.03 (4) The provisions of this chapter relating to contested cases do not apply to proceedings involving the revocation of aftercare supervision under s. 48.366 (5) or 938.357 (5), the revocation of parole, community supervision or probation, the grant of probation, prison discipline, mandatory release under s. 302.11 or any other proceeding involving the care and treatment of a resident or an inmate of a correctional institution.

AB351, s. 42 Section 42. 230.36 (1) of the statutes is amended to read:

AB351,20,18 230.36 (1) If a conservation warden, conservation patrol boat captain, conservation patrol boat engineer, state forest ranger, conservation field employe of the department of natural resources who is subject to call for fire control duty, member of the state patrol, state motor vehicle inspector, lifeguard, excise tax investigator employed by the department of revenue, special criminal investigation agent employed by the department of justice, special tax agent, state drivers' license examiner, state fair park police officer, University of Wisconsin System police officer and other state facilities police officer and patrol officer, security officer, watcher, engineer, engineering aide, building construction superintendent, fire fighter employed at the Wisconsin Veterans Home, or guard or institutional aide or a state probation, community supervision and parole officer or any other employe whose duties include supervision and discipline of inmates or wards of the state at a state penal institution, including a secured correctional facility, as defined in s. 938.02 (15m), or while on parole supervision or community supervision outside of the confines of the institutions, or supervision of persons placed on probation by a court of record, or supervision and care of patients at a state mental institution, and the University of Wisconsin Hospitals and Clinics suffers injury while in the performance of his or her duties, as defined in subs. (2) and (3); or any other state employe who is not listed in this subsection and who is ordered by his or her appointing authority to accompany any employe listed in this subsection while the listed employe is engaged in the duties defined in sub. (3), or any other state employe who is not listed in this subsection and who is ordered by his or her appointing authority to perform the duties, when permitted, in lieu of the listed employe and while so engaged in the duties defined in sub. (3), suffers injury as defined in sub. (2) the employe shall continue to be fully paid by the employing agency upon the same basis as paid prior to the injury, with no reduction in sick leave credits, compensatory time for overtime accumulations or vacation and no reduction in the rate of earning sick leave credit or vacation. The full pay shall continue while the employe is unable to return to work as the result of the injury or until the termination of his or her employment upon recommendation of the appointing authority. At any time during the employe's period of disability the appointing authority may order physical or medical examinations to determine the degree of disability at the expense of the employing agency.

AB351, s. 43 Section 43. 230.36 (3) (c) (intro.) of the statutes is amended to read:

AB351,20,23 230.36 (3) (c) (intro.) A guard, institution aide, or other employe at the University of Wisconsin Hospitals and Clinics or at a state penal or mental institution, including a secured correctional facility, as defined in s. 938.02 (15m), and a state probation, community supervision and parole officer, at all times while:

AB351, s. 44 Section 44. 230.36 (3) (c) 2. of the statutes is amended to read:

AB351,21,4 230.36 (3) (c) 2. In the process of restraining patients, inmates, probationers or, parolees or persons on community supervision and apprehending runaways or escapees, including probationers and, parolees and persons on community supervision;

AB351, s. 45 Section 45. 230.36 (3) (c) 3. of the statutes is amended to read:

AB351,21,7 230.36 (3) (c) 3. When injury is occasioned as the result of an act by a patient, inmate, probationer or, parolee or person on community supervision;

AB351, s. 46 Section 46. 291.97 (2) (b) (intro.) of the statutes is amended to read:

AB351,21,11 291.97 (2) (b) (intro.) Any person who willfully does any of the following shall be fined not less than $1,000 nor more than $100,000 or imprisoned for not more than 5 7 years and 6 months or both:

AB351, s. 47 Section 47. 291.97 (2) (c) of the statutes is amended to read:

AB351,21,15 291.97 (2) (c) 1. For a 2nd or subsequent violation under par. (a), a person shall be fined not less than $1,000 nor more than $50,000 or imprisoned for not more than one year in the Wisconsin state prisons 2 years or both.

AB351,21,18 2. For a 2nd or subsequent violation under par. (b), a person shall be fined not less than $5,000 nor more than $150,000 or imprisoned for not more than 10 15 years or both.

AB351, s. 48 Section 48. 301.03 (2r) of the statutes is amended to read:

AB351,21,21 301.03 (2r) Conduct drug testing of prospective parolees or persons to be placed on community supervision who have undergone treatment while in state prison.

AB351, s. 49 Section 49. 301.03 (3) of the statutes is amended to read:

AB351,22,7 301.03 (3) Administer parole, community supervision and probation matters, except that the decision to grant or deny parole to inmates shall be made by the parole commission and the decision to revoke probation, community supervision or parole in cases in which there is no waiver of the right to a hearing shall be made by the division of hearings and appeals in the department of administration. The secretary may grant special action parole releases under s. 304.02. The department shall promulgate rules establishing a drug testing program for probationers and, parolees and persons placed on community supervision. The rules shall provide for assessment of fees upon probationers and, parolees and persons placed on community supervision to partially offset the costs of the program.

AB351, s. 50 Section 50. 301.03 (3g) of the statutes is amended to read:

AB351,22,10 301.03 (3g) Provide treatment for alcoholics and intoxicated persons on parole or community supervision.

AB351, s. 51 Section 51. 301.048 (1) (a) of the statutes is amended to read:

AB351,22,14 301.048 (1) (a) Punishment that is less costly than ordinary imprisonment and more restrictive than ordinary probation or parole supervision or community supervision.

AB351, s. 52 Section 52. 301.048 (2) (cm) of the statutes is created to read:

AB351,22,18 301.048 (2) (cm) A court or the department requires his or her participation in the program as a condition of community supervision under s. 302.113 (7) or 302.114 (5) (d) or (8) or 973.01 (5).

AB351, s. 53 Section 53. 301.048 (2) (d) of the statutes is amended to read:

AB351,22,22 301.048 (2) (d) The department and the person agree to his or her participation in the program as an alternative to revocation of probation, community supervision or parole.

AB351, s. 54 Section 54. 301.048 (4) (a) of the statutes is amended to read:

AB351,23,7 301.048 (4) (a) A participant is in the custody and under the control of the department, subject to its rules and discipline. A participant entering the program under sub. (2) (a) or (b) is a prisoner. A participant entering the program under sub. (2) (c) is a prisoner, except that he or she is a parolee for purposes of revocation. A participant entering the program under sub. (2) (cm) is a prisoner, except that he or she remains a person on community supervision for purposes of revocation. A participant entering the program under sub. (2) (d) is a prisoner, except that he or she remains a probationer or, parolee or person on community supervision, whichever is applicable, for purposes of revocation.

AB351, s. 55 Section 55. 301.048 (4) (am) of the statutes is amended to read:

AB351,23,17 301.048 (4) (am) A participant who is a parolee for purposes of revocation is subject to revocation for violation of any condition of parole or any rule or condition applicable because he or she is a program participant. A participant who is a person on community supervision for purposes of revocation is subject to revocation for violation of any condition of community supervision or any rule or condition applicable because he or she is a program participant. A participant who is a probationer for purposes of revocation is subject to revocation for violation of any condition of probation or any rule or condition applicable because he or she is a program participant.

AB351, s. 56 Section 56. 301.048 (4m) (b) (intro.) of the statutes is amended to read:

AB351,23,24 301.048 (4m) (b) (intro.) As soon as possible after a prisoner, probationer or, parolee or person on community supervision who has violated s. 940.03, 940.05, 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06 or 948.07 enters the intensive sanctions program, the department shall make a reasonable effort to notify all of the following persons, if they can be found, in accordance with par. (c) and after receiving a completed card under par. (d):

AB351, s. 57 Section 57. 301.048 (4m) (b) 1. of the statutes is amended to read:

AB351,24,4 301.048 (4m) (b) 1. The victim of the crime committed by the prisoner, probationer or, parolee or person on community supervision or, if the victim died as a result of the crime, an adult member of the victim's family or, if the victim is younger than 18 years old, the victim's parent or legal guardian.

AB351, s. 58 Section 58. 301.048 (4m) (b) 2. of the statutes is amended to read: