AB366: Bill Text

AB366,8,22 302.11 (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).

AB366, s. 17 Section 17. 302.45 (1) of the statutes is amended to read:

AB366,9,8 302.45 (1) The department and any county or group of counties may contract for the cooperative establishment and use of state-local shared correctional facilities. Inmates sentenced to the Wisconsin state prisons, a county jail, a county reforestation camp or a county house of correction may be transferred to a shared facility by the department, sheriff or superintendent, respectively, under the agreement covering use of the facility. Any inmate confined in a state-local shared correctional facility shall be deemed to be serving time in the penal institution to which he or she was sentenced and shall be eligible to earn good time credit against his or her sentence as provided under ss. s. 302.11, if applicable, 302.12;, 302.43;, 303.07 and 303.19 for that institution.

AB366, s. 18 Section 18. 303.065 (1) of the statutes is renumbered 303.065 (1) (intro.) and amended to read:

AB366,9,12 303.065 (1) (intro.) The department may grant work release privileges to any person incarcerated within the state prisons, except that no as follows:

AB366,9,15 (a) No person serving a life sentence may be considered for work release until 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.

AB366,9,17 (b) No person serving a life sentence under s. 939.62 (2m) or 973.014 (1) (c) may be considered for work release.

AB366, s. 19 Section 19. 303.065 (1) (c) of the statutes is created to read:

AB366,9,22 303.065 (1) (c) No person serving a sentence for a serious sex crime, as defined in s. 304.06 (1s) (a), that is committed on or after the effective date of this paragraph .... [revisor inserts date], may be considered for work release until he or she has reached parole eligibility under s. 304.06 (1s) (b).

AB366, s. 20 Section 20. 303.068 (1) (intro.) of the statutes is amended to read:

AB366,10,3 303.068 (1) (intro.)  An inmate eligible for confinement in a minimum security institution as established by the department, subject to s. 302.075, may be allowed by the department to leave confinement for one of the following purposes:

AB366, s. 21 Section 21. 303.19 (3) of the statutes is amended to read:

AB366,10,13 303.19 (3) The superintendent shall keep a true record of the conduct of each prisoner, specifying each infraction of the rules of discipline; and at the end of each month shall give a certificate of good conduct to each prisoner against whom no such infraction is recorded, subject to annulment by the department for subsequent misconduct. Upon each such certificate issued to any such prisoner serving sentence for a misdemeanor the prisoner may be credited, at the discretion of the superintendent, with a diminution of the sentence not exceeding 5 days. Each such prisoner serving sentence for a felony shall receive time credits as provided in s. 302.11, if applicable.

AB366, s. 22 Section 22. 304.02 (6) of the statutes is created to read:

AB366,10,16 304.02 (6) Notwithstanding subs. (1) to (3), a prisoner who is subject to s. 304.06 (1s) is not eligible for release to parole supervision under this section.

AB366, s. 23 Section 23. 304.06 (1) (b) of the statutes is amended to read:

AB366,11,6 304.06 (1) (b) Except as provided in sub. (1m) or (1s) or s. 302.045 (3), 961.49 (2) 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, 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.

AB366,11,8 NOTE: NOTE: Par. (b) is shown as affected by 1995 Wis. Act 352 and 1995 Wis. Act 448, s. 333, both eff. 7-1-96 and as merged by the revisor under s. 13.93 (2) (c).

AB366, s. 24 Section 24. 304.06 (1m) (intro.) of the statutes is amended to read:

AB366,11,12 304.06 (1m) (intro.)  The Except as provided in sub. (1s), the parole commission may waive the 25% or 6-month service of sentence requirement under sub. (1) (b) under any of the following circumstances:

AB366, s. 25 Section 25. 304.06 (1s) of the statutes is created to read:

AB366,11,16 304.06 (1s) (a) In this subsection, "serious sex crime" means a violation of s. 940.22 (2), 940.225 (1), (2) or (3), 948.02 (1), (2) or (3), 948.025 (1), 948.05 (1) or (2), 948.055 (1), 948.06, 948.07, 948.08, 948.095 (2), 948.11 (2) (a), 948.12 or 948.13 (2).

AB366,11,21 (b) The parole commission may not grant release on parole under this section to an inmate who is serving a sentence for a serious sex crime committed on or after the effective date of this paragraph .... [revisor inserts date], until the inmate has served two-thirds of the sentence imposed for the offense or 12 months, whichever is greater.

AB366,11,23 (c) Paragraph (b) does not apply if the inmate is not eligible for parole under s. 939.62 (2m).

AB366, s. 26 Section 26. 304.06 (2) of the statutes is amended to read:

AB366,12,2 304.06 (2) No prisoner under sub. (1) or (1s) may be paroled until the parole commission is satisfied that the prisoner has adequate plans for suitable employment or to otherwise sustain himself or herself. The paroled prisoner shall report to the department in such manner and at such times as it requires.

AB366, s. 27 Section 27. 304.071 (2) of the statutes is amended to read:

AB366,12,6 304.071 (2) If a prisoner is not eligible for parole under s. 304.06 (1s), 939.62 (2m), 961.49 (2), 973.014 (1) (c) or 973.032 (5), he or she is not eligible for parole under this section.

AB366, s. 28 Section 28. 971.11 (6) of the statutes is amended to read:

AB366,12,16 971.11 (6) The prisoner shall be delivered into the custody of the sheriff of the county in which the charge is pending for transportation to the court, and the prisoner shall be retained in that custody during all proceedings under this section. The sheriff shall return the prisoner to the prison upon the completion of the proceedings and during any adjournments or continuances and between the preliminary examination and the trial, except that if the department certifies a jail as being suitable to detain the prisoner, he or she may be detained there until the court disposes of the case. The prisoner's existing sentence continues to run and he or she receives time credit under s. 302.11, if applicable, while in custody.

AB366, s. 29 Section 29. 973.0135 (2) (intro.) of the statutes is amended to read:

AB366,12,21 973.0135 (2) (intro.)  Except as provided in sub. subs. (2m) and (3), when a court sentences a prior offender to imprisonment in a state prison for a serious felony committed on or after April 21, 1994, the court shall make a parole eligibility determination regarding the person and choose one of the following options:

AB366, s. 30 Section 30. 973.0135 (2m) of the statutes is created to read:

AB366,12,25 973.0135 (2m) (a) In this subsection, "serious sex crime" means a violation of s. 940.22 (2), 940.225 (1), (2) or (3), 948.02 (1), (2) or (3), 948.025 (1), 948.05 (1) or (2), 948.055 (1), 948.06, 948.07, 948.08, 948.095 (2), 948.11 (2) (a), 948.12 or 948.13 (2).

AB366,13,3 (b) A person who is being sentenced for a serious sex crime committed on or after the effective date of this paragraph .... [revisor inserts date], is not subject to this section but is eligible for parole only as provided in s. 304.06 (1s).

AB366, s. 31 Section 31. 978.07 (1) (c) 2. of the statutes is amended to read:

AB366,13,10 978.07 (1) (c) 2. Any case record of a felony punishable by a maximum period of imprisonment equal to at least 20 years or a related case, after the mandatory release date established under s. 302.11 (1) or the presumptive mandatory release date established under s. 302.11 (1g), if applicable, of any person convicted of that felony or 20 years after commencement of the action, whichever if that date is later or if the person is not entitled to release under s. 302.11.

AB366, s. 32 Section 32. 978.07 (1) (c) 3. of the statutes is amended to read:

AB366,13,17 978.07 (1) (c) 3. Except as provided in subds. 1. and 2., any case record of a felony or related case, after the mandatory release date established under s. 302.11 (1) or the presumptive mandatory release date established under s. 302.11 (1g), if applicable, of any person convicted of that felony or 10 years after the commencement of the action, whichever if that date is later or if the person is not entitled to release under s. 302.11.

AB366,13,18 (End)