AB296: Bill Text

AB296, s. 194 Section 194. 302.045 (4) of the statutes is amended to read:

AB296,59,14 302.045 (4) Intensive sanctions program participants. The department may place any intensive sanctions program participant in the challenge incarceration program. The participant is not subject to subs. (2), and (3) and (3m).

AB296, s. 195 Section 195. 302.095 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,60,2 302.095 (2) Any officer or other person who delivers or procures to be delivered or has in his or her possession with intent to deliver to any inmate confined in a jail or state prison, or who deposits or conceals in or about a jail or prison, or the precincts of a jail or prison, or in any vehicle going into the premises belonging to a jail or prison, any article or thing whatever, with intent that any inmate confined in the jail or prison shall obtain or receive the same, or who receives from any inmate any article or thing whatever with intent to convey the same out of a jail or prison, contrary to the rules or regulations and without the knowledge or permission of the sheriff or other keeper of the jail, in the case of a jail, or of the warden or superintendent of the prison, in the case of a prison, shall be imprisoned for not more than 2 years or fined not more than $500.

AB296, s. 196 Section 196. 302.11 (1) of the statutes is amended to read:

AB296,60,9 302.11 (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), (1q), (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. (1q) (b) or (2) (b) resulting in fractions of a day shall be rounded in the inmate's favor to a whole day.

AB296, s. 197 Section 197. 302.11 (1g) (am) of the statutes is amended to read:

AB296,60,13 302.11 (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 December 31, 1999.

AB296, s. 198 Section 198. 302.11 (1i) of the statutes is amended to read:

AB296,60,18 302.11 (1i) Except as provided in sub. (1z), an 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).

AB296, s. 199 Section 199. 302.11 (1p) of the statutes is amended to read:

AB296,60,22 302.11 (1p) An inmate serving a term subject to s. 961.49 (2) for a crime committed before December 31, 1999, is entitled to mandatory release, except the inmate may not be released before he or she has complied with s. 961.49 (2).

AB296, s. 200 Section 200. 302.11 (1z) of the statutes is repealed.

AB296, s. 201 Section 201. 302.11 (6) of the statutes is amended to read:

AB296,61,9 302.11 (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).

AB296, s. 202 Section 202. 302.11 (9) of the statutes is amended to read:

AB296,61,13 302.11 (9) Except as provided in subs. sub. (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).

AB296, s. 203 Section 203. 302.113 of the statutes is repealed.

AB296, s. 204 Section 204. 302.114 of the statutes is repealed.

AB296, s. 205 Section 205. 302.14 of the statutes is amended to read:

AB296,61,25 302.14 (title) Property of deceased inmates, parolees, or probationers or persons on extended supervision, disposition. When an inmate of a prison, a parolee of an institution, a person on extended supervision or a person on probation to the department dies leaving an estate of $150 or less in the trust of the warden, superintendent or secretary, the warden, superintendent or secretary shall try to determine whether or not the estate is to be probated. If probate proceedings are not commenced within 90 days, the warden, superintendent or secretary shall turn over the money or securities to the nearest of kin as evidenced by the records of the institution and the department.

AB296, s. 206 Section 206. 302.17 (2) of the statutes is amended to read:

AB296,62,6 302.17 (2) The department shall make entries on the register to reflect the progress made by each inmate while incarcerated and the inmate's release on parole or extended supervision, condition at the time of release on parole or extended supervision and progress made while on parole or extended supervision. This subsection does not apply to inmates subject to an order under s. 48.366.

AB296, s. 207 Section 207. 302.25 (4) (c) of the statutes is amended to read:

AB296,62,16 302.25 (4) (c) Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation, extended supervision or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided, that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of sub. (3).

AB296, s. 208 Section 208. 302.33 (2) (a) (intro.) of the statutes is amended to read:

AB296,62,21 302.33 (2) (a) (intro.) The department shall pay for the maintenance of persons in its custody who are placed in the county jail or other county facility, or in a tribal jail under s. 302.445, pending disposition of parole, extended supervision or probation revocation proceedings subject to the following conditions:

AB296, s. 209 Section 209. 302.33 (2) (b) of the statutes is amended to read:

AB296,63,2 302.33 (2) (b) This subsection applies only to probationers, or parolees or persons on extended supervision who were placed on that status in connection with a conviction for a felony. This subsection applies only to confinements initiated after July 2, 1983.

AB296, s. 210 Section 210. 302.335 (title) of the statutes is amended to read:

AB296,63,5 302.335 (title) Restrictions on detaining probationers, and parolees and persons on extended supervision in county or tribal jail.

AB296, s. 211 Section 211. 302.335 (2) (intro.) of the statutes is amended to read:

AB296,63,10 302.335 (2) (intro.) If a probationer, or parolee or person on extended 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 extended supervision revocation proceedings, the following conditions apply:

AB296, s. 212 Section 212. 302.335 (2) (a) (intro.) of the statutes is amended to read:

AB296,63,19 302.335 (2) (a) (intro.) The department shall begin a preliminary revocation hearing within 15 working days after the probationer, or parolee or person on extended 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 extended 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:

AB296, s. 213 Section 213. 302.335 (2) (a) 1. of the statutes is amended to read:

AB296,63,22 302.335 (2) (a) 1. The probationer, or parolee or person on extended supervision has waived, in writing, the right to a preliminary hearing.

AB296, s. 214 Section 214. 302.335 (2) (a) 2. of the statutes is amended to read:

AB296,63,25 302.335 (2) (a) 2. The probationer, or parolee or person on extended supervision has given and signed a written statement that admits the violation.

AB296, s. 215 Section 215. 302.335 (2) (a) 3. of the statutes is amended to read:

AB296,64,5 302.335 (2) (a) 3. There has been a finding of probable cause in a felony criminal action and the probationer, or parolee or person on extended supervision is bound over for trial for the same or similar conduct that is alleged to be a violation of supervision.

AB296, s. 216 Section 216. 302.335 (2) (b) of the statutes is amended to read:

AB296,64,14 302.335 (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 extended 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 extended supervision has waived the right to a final revocation hearing.

AB296, s. 217 Section 217. 302.335 (3) of the statutes is amended to read:

AB296,64,19 302.335 (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 extended supervision under this subsection.

AB296, s. 218 Section 218. 302.335 (4) of the statutes is amended to read:

AB296,64,25 302.335 (4) This section applies to probationers, or parolees or persons on extended 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 extended supervision who is in the county jail, other facility or the tribal jail and serving a sentence.

AB296, s. 219 Section 219. 303.065 (1) (b) of the statutes is amended to read:

AB296,65,6 303.065 (1) (b) 1. A person serving a life sentence, other than a life sentence specified in subd. 2., may be considered for work release 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, or he or she has reached his or her extended supervision eligibility date under s. 302.114 (9) (b) or 973.014 (1g) (a) 1. or 2., whichever is applicable.

AB296,65,8 2. A person serving a life sentence under s. 939.62 (2m) (c) or 973.014 (1) (c) or (1g) (a) 3. may not be considered for work release.

AB296, s. 220 Section 220. 303.21 (1) (a) of the statutes is amended to read:

AB296,65,21 303.21 (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 extended 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.

AB296, s. 221 Section 221. 303.215 of the statutes is amended to read:

AB296,66,8 303.215 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 extended 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.

AB296, s. 222 Section 222. 304.02 (3) (c) of the statutes is amended to read:

AB296,66,12 304.02 (3) (c) The institution social worker or the probation, extended 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.

AB296, s. 223 Section 223. 304.02 (4) of the statutes is amended to read:

AB296,66,16 304.02 (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).

AB296, s. 224 Section 224. 304.02 (5) of the statutes is amended to read:

AB296,66,20 304.02 (5) Notwithstanding subs. (1) to (3), a prisoner who is serving a life sentence under s. 939.62 (2m) (c) or 973.014 (1) (c) or (1g) is not eligible for release to parole supervision under this section.

AB296, s. 225 Section 225. 304.02 (6) of the statutes is repealed.

AB296, s. 226 Section 226. 304.06 (1) (b) of the statutes is amended to read:

AB296,67,12 304.06 (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) (c) 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 under s. 302.11 (1q) and (2), if applicable. 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.

AB296, s. 227 Section 227. 304.06 (1y) of the statutes is amended to read:

AB296,67,16 304.06 (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).

AB296, s. 228 Section 228. 304.062 (title) of the statutes is amended to read:

AB296,67,19 304.062 (title) Ordering parolees and persons on extended supervision to perform community service work.

AB296, s. 229 Section 229. 304.062 (1) of the statutes is amended to read:

AB296,68,3 304.062 (1) The department may order that a parolee or a person on extended 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 extended supervision and the organization or agency. The department shall ensure that the parolee or the person on extended supervision is provided a written statement of the terms of the community service order and shall monitor the compliance of the parolee or person on extended supervision with the community service order.

AB296, s. 230 Section 230. 304.062 (2) of the statutes is amended to read:

AB296,68,10 304.062 (2) Any organization or agency acting in good faith to which a parolee or person on extended 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 extended supervision. The department has immunity from any civil liability for acts or omissions by or impacting on the parolee or person on extended supervision regarding the assignment under this section.

AB296, s. 231 Section 231. 304.063 (title) of the statutes is amended to read:

AB296,68,13 304.063 (title) Notification prior to release on extended supervision or parole.

AB296, s. 232 Section 232. 304.063 (2) (intro.) of the statutes is amended to read:

AB296,68,20 304.063 (2) (intro.) Before a prisoner is released on parole under s. 302.11, 304.02 or 304.06 or on extended 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 attempt 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):

AB296, s. 233 Section 233. 304.063 (3) of the statutes is amended to read:

AB296,68,24 304.063 (3) The department shall make a reasonable attempt to send the notice, postmarked at least 7 days before a prisoner is released on parole or extended supervision, to the last-known address of the persons under sub. (2).

AB296, s. 234 Section 234. 304.071 (2) of the statutes is amended to read:

AB296,69,3 304.071 (2) If a prisoner is not eligible for parole under s. 939.62 (2m) (c), 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.

AB296, s. 235 Section 235. 304.072 (title) of the statutes is amended to read:

AB296,69,6 304.072 (title) Period of probation, extended supervision or parole tolled.

AB296, s. 236 Section 236. 304.072 (1) of the statutes is amended to read:

AB296,69,16 304.072 (1) If the department of corrections in the case of a parolee, or probationer or person on extended 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 extended 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 extended supervision spent confined in connection with the violation.

AB296, s. 237 Section 237. 304.072 (2) of the statutes is amended to read:

AB296,69,22 304.072 (2) If a parolee, or probationer or person on extended 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, extended supervision or parole period.

AB296, s. 238 Section 238. 304.072 (3) of the statutes is amended to read:

AB296,70,3 304.072 (3) Except as provided in s. 973.09 (3) (b), the department preserves jurisdiction over a probationer, or parolee or person on extended 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, parolee's or person's term of supervision.

AB296, s. 239 Section 239. 304.072 (4) of the statutes is amended to read:

AB296,70,9 304.072 (4) The sentence of a revoked parolee or person on extended 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.