AB3: Bill Text Engrossed

AB3-engrossed, s. 128 Section 128. 221.1004 (2) of the statutes is amended to read:

AB3-engrossed,55,24 221.1004 (2) Penalties. Any person who violates sub. (1) may be fined not less than $1,000 nor more than $5,000 or imprisoned for not less than one year nor more than 15 years or both is guilty of a Class F felony.

AB3-engrossed, s. 129 Section 129. 227.01 (13) (sm) of the statutes is created to read:

AB3-engrossed,56,1 227.01 (13) (sm) Establishes sentencing guidelines under s. 973.30 (1) (c).

AB3-engrossed, s. 130 Section 130. 230.08 (2) (L) 6. of the statutes is created to read:

AB3-engrossed,56,3 230.08 (2) (L) 6. Sentencing commission.

AB3-engrossed, s. 131 Section 131. 230.08 (2) (of) of the statutes is created to read:

AB3-engrossed,56,5 230.08 (2) (of) The executive director of the sentencing commission.

AB3-engrossed, s. 132 Section 132. 253.06 (4) (b) of the statutes is amended to read:

AB3-engrossed,56,11 253.06 (4) (b) A person who violates any provision of this subsection may be fined not more than $10,000 or imprisoned for not more than 3 years, or both, is guilty of a Class I felony for the first offense and may be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months, or both, is guilty of a Class H felony for the 2nd or subsequent offense.

AB3-engrossed, s. 133 Section 133. 285.87 (2) (b) of the statutes is amended to read:

AB3-engrossed,56,17 285.87 (2) (b) If the conviction under par. (a) is for a violation committed after another conviction under par. (a), the person shall is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be fined not more than $50,000 per day of violation or imprisoned for not more than 3 years or both.

AB3-engrossed, s. 134 Section 134. 291.97 (2) (b) (intro.) of the statutes is amended to read:

AB3-engrossed,56,22 291.97 (2) (b) (intro.) Any person who wilfully does any of the following shall is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not less than $1,000 nor more than $100,000 or imprisoned for not more than 7 years and 6 months or both:

AB3-engrossed, s. 135 Section 135. 291.97 (2) (c) 1. and 2. of the statutes are amended to read:

AB3-engrossed,57,2 291.97 (2) (c) 1. For a 2nd or subsequent violation under par. (a), a person shall is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be fined not less than $1,000 nor more than $50,000 or imprisoned for not more than 2 years or both.

AB3-engrossed,57,6 2. For a 2nd or subsequent violation under par. (b), a person shall is guilty of a Class F felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (f), the person may be fined not less than $5,000 nor more than $150,000 or imprisoned for not more than 15 years or both.

AB3-engrossed, s. 136 Section 136. 299.53 (4) (c) 2. of the statutes is amended to read:

AB3-engrossed,57,13 299.53 (4) (c) 2. Any person who intentionally makes any false statement or representation in complying with sub. (2) (a) shall be fined not more than $25,000 or imprisoned for not more than one year in the county jail or both. For a 2nd or subsequent violation, the person shall is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be fined not more than $50,000 or imprisoned for not more than 3 years or both.

AB3-engrossed, s. 137 Section 137. 301.035 (2) of the statutes is amended to read:

AB3-engrossed,57,17 301.035 (2) Assign hearing examiners from the division to preside over hearings under ss. 302.11 (7), 302.113 (9), 302.114 (9), 938.357 (5), 973.10 and 975.10 (2) and ch. 304.

AB3-engrossed, s. 138 Section 138. 301.035 (4) of the statutes is amended to read:

AB3-engrossed,57,22 301.035 (4) Supervise employees in the conduct of the activities of the division and be the administrative reviewing authority for decisions of the division under ss. 302.11 (7), 302.113 (9), 302.114 (9), 938.357 (5), 973.10, 973.155 (2) and 975.10 (2) and ch. 304.

AB3-engrossed, s. 139 Section 139. 301.048 (2) (bm) 1. a. of the statutes is amended to read:

AB3-engrossed,58,7 301.048 (2) (bm) 1. a. A crime specified in s. 940.19 (3), 1999 stats., s. 940.195 (3), 1999 stats., s. 943.23 (1m), 1999 stats., or s. 943.23 (1r), 1999 stats., or s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (3), (4) or (5), 940.195 (3), (4) or (5), 940.20, 940.201, 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.285 (2) (a) 1. or 2., 940.29, 940.295 (3) (b) 1g., 1m., 1r., 2., or 3., 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.04, 943.06, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.30, 943.32, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07, 948.08, or 948.30.

AB3-engrossed, s. 140 Section 140. 301.26 (4) (cm) 1. of the statutes is amended to read:

AB3-engrossed,58,22 301.26 (4) (cm) 1. Notwithstanding pars. (a), (b) and (bm), the department shall transfer funds from the appropriation under s. 20.410 (3) (cg) to the appropriations under s. 20.410 (3) (hm), (ho) and (hr) for the purpose of reimbursing secured correctional facilities, secured child caring institutions, alternate care providers, aftercare supervision providers and corrective sanctions supervision providers for costs incurred beginning on July 1, 1996, for the care of any juvenile 14 years of age or over who has been placed in a secured correctional facility based on a delinquent act that is a violation of s. 943.23 (1m) or (1r), 1999 stats., s. 948.35, 1999 stats., or s. 948.36, 1999 stats., or s. 939.31, 939.32 (1) (a), 940.03, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1), 948.025, (1), or 948.30 (2), 948.35 (1) (b) or 948.36 and for the care of any juvenile 10 years of age or over who has been placed in a secured correctional facility or secured child caring institution for attempting or committing a violation of s. 940.01 or for committing a violation of s. 940.02 or 940.05.

AB3-engrossed, s. 141 Section 141. 301.45 (6) (a) 2. of the statutes is amended to read:

AB3-engrossed,59,4 301.45 (6) (a) 2. For a 2nd or subsequent offense, the person may be fined not more than $10,000 or imprisoned for not more than 5 years or both is guilty of a Class H felony. For purposes of this subdivision, an offense is a 2nd or subsequent offense if, prior to committing the offense, the person has at any time been convicted of knowingly failing to comply with any requirement to provide information under subs. (2) to (4).

AB3-engrossed, s. 142 Section 142. 302.045 (3) of the statutes is amended to read:

AB3-engrossed,59,13 302.045 (3) Parole eligibility. Except as provided in sub. (4), if the department determines that an inmate serving a sentence other than one imposed under s. 973.01 has successfully completed the challenge incarceration program, the parole commission shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served, unless the person is serving a sentence imposed under s. 973.01. When the parole commission grants parole under this subsection, it must require the parolee to participate in an intensive supervision program for drug abusers as a condition of parole.

AB3-engrossed, s. 143 Section 143. 302.095 (2) of the statutes is amended to read:

AB3-engrossed,59,25 302.095 (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 3 years or fined not more than $500 is guilty of a Class I felony.

AB3-engrossed, s. 144 Section 144. 302.11 (1g) (a) 2. of the statutes is amended to read:

AB3-engrossed,60,7 302.11 (1g) (a) 2. Any felony under s. 940.09 (1), 1999 stats., s. 943.23 (1m), 1999 stats., s. 948.35 (1) (b) or (c), 1999 stats., or s. 948.36, 1999 stats., or s. 940.02, 940.03, 940.05, 940.09 (1) (1c), 940.19 (5), 940.195 (5), 940.21, 940.225 (1) or (2), 940.305 (2), 940.31 (1) or (2) (b), 943.02, 943.10 (2), 943.23 (1g) or (1m), 943.32 (2), 946.43 (1m), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.06, 948.07, 948.08, or 948.30 (2), 948.35 (1) (b) or (c) or 948.36.

AB3-engrossed, s. 145 Section 145. 302.11 (1p) of the statutes is amended to read:

AB3-engrossed,60,12 302.11 (1p) An inmate serving a term subject to s. 961.49 (2), 1999 stats., 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), 1999 stats.

AB3-engrossed, s. 146 Section 146. 302.11 (1z) of the statutes is amended to read:

AB3-engrossed,60,17 302.11 (1z) An inmate who is sentenced to a term of confinement in prison under s. 973.01 for a felony that is committed on or after December 31, 1999, is not entitled under this section to mandatory release on parole under this section that sentence.

AB3-engrossed, s. 147 Section 147. 302.11 (3) of the statutes is amended to read:

AB3-engrossed,60,20 302.11 (3) All consecutive sentences imposed for crimes committed before December 31, 1999, shall be computed as one continuous sentence.

AB3-engrossed, s. 148 Section 148. 302.11 (7) (a) of the statutes is renumbered 302.11 (7) (am) and amended to read:

AB3-engrossed,61,5 302.11 (7) (am) The division of hearings and appeals in the department of administration, upon proper notice and hearing, or the department of corrections, if the parolee waives a hearing, reviewing authority may return a parolee released under sub. (1) or (1g) (b) or s. 304.02 or 304.06 (1) to prison for a period up to the remainder of the sentence for a violation of the conditions of parole. The remainder of the sentence is the entire sentence, less time served in custody prior to parole. The revocation order shall provide the parolee with credit in accordance with ss. 304.072 and 973.155.

AB3-engrossed, s. 149 Section 149. 302.11 (7) (ag) of the statutes is created to read:

AB3-engrossed,61,9 302.11 (7) (ag) In this subsection "reviewing authority" means the division of hearings and appeals in the department of administration, upon proper notice and hearing, or the department of corrections, if the parolee waives a hearing.

AB3-engrossed, s. 150 Section 150. 302.11 (7) (b) of the statutes is amended to read:

AB3-engrossed,61,18 302.11 (7) (b) A parolee returned to prison for violation of the conditions of parole shall be incarcerated for the entire period of time determined by the department of corrections in the case of a waiver or the division of hearings and appeals in the department of administration in the case of a hearing under par. (a), reviewing authority unless paroled earlier under par. (c). The parolee is not subject to mandatory release under sub. (1) or presumptive mandatory release under sub. (1g). The period of time determined under par. (a) (am) may be extended in accordance with subs. (1q) and (2).

AB3-engrossed, s. 151 Section 151. 302.11 (7) (d) of the statutes is amended to read:

AB3-engrossed,61,25 302.11 (7) (d) A parolee who is subsequently released either after service of the period of time determined by the department of corrections in the case of a waiver or the division of hearings and appeals in the department of administration in the case of a hearing under par. (a) reviewing authority or by a grant of parole under par. (c) is subject to all conditions and rules of parole until expiration of sentence or discharge by the department.

AB3-engrossed, s. 152 Section 152. 302.11 (7) (e) of the statutes is created to read:

AB3-engrossed,62,5 302.11 (7) (e) A reviewing authority may consolidate proceedings before it under par. (am) with other proceedings before that reviewing authority under par. (am) or s. 302.113 (9) (am) or 302.114 (9) (am) if all of the proceedings relate to the parole or extended supervision of the same person.

AB3-engrossed, s. 153 Section 153. 302.113 (2) of the statutes is amended to read:

AB3-engrossed,62,11 302.113 (2) Except as provided in subs. (3) and (9), an inmate subject to this section is entitled to release to extended supervision after he or she has served the term of confinement in prison portion of the sentence imposed under s. 973.01, as modified by the sentencing court under sub. (9g) or s. 302.045 (3m) (b) 1., if applicable.

AB3-engrossed, s. 153m Section 153m. 302.113 (3) (a) (intro.) of the statutes is amended to read:

AB3-engrossed,62,19 302.113 (3) (a) (intro.) The warden or superintendent shall keep a record of the conduct of each inmate subject to this section, specifying each infraction of the rules. If an inmate subject to this section violates an order under s. 973.031 requiring him or her to participate in a drug treatment program, violates any regulation of the prison or refuses or neglects to perform required or assigned duties, the department may extend the term of confinement in prison portion of the inmate's bifurcated sentence as follows:

AB3-engrossed, s. 154 Section 154. 302.113 (4) of the statutes is amended to read:

AB3-engrossed,62,24 302.113 (4) All consecutive sentences imposed for crimes committed on or after December 31, 1999, shall be computed as one continuous sentence. The person shall serve any term of extended supervision after serving all terms of confinement in prison.

AB3-engrossed, s. 155 Section 155. 302.113 (7) of the statutes is amended to read:

AB3-engrossed,63,6 302.113 (7) Any person released to extended supervision under this section is subject to all conditions and rules of extended supervision until the expiration of the term of extended supervision portion of the bifurcated sentence. The department may set conditions of extended supervision in addition to any conditions of extended supervision set by the court under sub. (7m) or s. 973.01 (5) if the conditions set by the department do not conflict with the court's conditions.

AB3-engrossed, s. 156 Section 156. 302.113 (7m) of the statutes is created to read:

AB3-engrossed,63,10 302.113 (7m) (a) Except as provided in par. (e), a person subject to this section or the department may petition the sentencing court to modify any conditions of extended supervision set by the court.

AB3-engrossed,63,18 (b) If the department files a petition under this subsection, it shall serve a copy of the petition on the person who is the subject of the petition and, if the person is represented by an attorney, on the person's attorney. If a person who is subject to this section or his or her attorney files a petition under this subsection, the person or his or her attorney shall serve a copy of the petition on the department. The court shall serve a copy of a petition filed under this section on the district attorney. The court may direct the clerk of the court to provide notice of the petition to a victim of a crime committed by the person who is the subject of the petition.

AB3-engrossed,63,22 (c) The court may conduct a hearing to consider the petition. The court may grant the petition in full or in part if it determines that the modification would meet the needs of the department and the public and would be consistent with the objectives of the person's sentence.

AB3-engrossed,64,2 (d) A person subject to this section or the department may appeal an order entered by the court under this subsection. The appellate court may reverse the order only if it determines that the sentencing court erroneously exercised its discretion in granting or denying the petition.

AB3-engrossed,64,6 (e) 1. An inmate may not petition the court to modify the conditions of extended supervision earlier than one year before the date of the inmate's scheduled date of release to extended supervision or more than once before the inmate's release to extended supervision.

AB3-engrossed,64,11 2. A person subject to this section may not petition the court to modify the conditions of extended supervision within one year after the inmate's release to extended supervision. If a person subject to this section files a petition authorized by this subsection after his or her release from confinement, the person may not file another petition until one year after the date of filing the former petition.

AB3-engrossed, s. 157 Section 157. 302.113 (8m) of the statutes is created to read:

AB3-engrossed,64,17 302.113 (8m) (a) Every person released to extended supervision under this section remains in the legal custody of the department. If the department alleges that any condition or rule of extended supervision has been violated by the person, the department may take physical custody of the person for the investigation of the alleged violation.

AB3-engrossed,65,2 (b) If a person released to extended supervision under this section signs a statement admitting a violation of a condition or rule of extended supervision, the department may, as a sanction for the violation, confine the person for up to 90 days in a regional detention facility or, with the approval of the sheriff, in a county jail. If the department confines the person in a county jail under this paragraph, the department shall reimburse the county for its actual costs in confining the person from the appropriations under s. 20.410 (1) (ab) and (b). Notwithstanding s. 302.43, the person is not eligible to earn good time credit on any period of confinement imposed under this subsection.

AB3-engrossed, s. 158 Section 158. 302.113 (9) (a) of the statutes is renumbered 302.113 (9) (am) and amended to read:

AB3-engrossed,65,21 302.113 (9) (am) If a person released to extended supervision under this section violates a condition of extended supervision, the division of hearings and appeals in the department of administration, upon proper notice and hearing, or the department of corrections, if the person on extended supervision waives a hearing, reviewing authority may revoke the extended supervision of the person and return the person to prison. If the extended supervision of the person is revoked, the person shall be returned to the circuit court for the county in which the person was convicted of the offense for which he or she was on extended supervision, and the court shall order the person to be returned to prison, he or she shall be returned to prison for any specified period of time that does not exceed the time remaining on the bifurcated sentence. The time remaining on the bifurcated sentence is the total length of the bifurcated sentence, less time served by the person in custody confinement under the sentence before release to extended supervision under sub. (2) and less all time served in confinement for previous revocations of extended supervision under the sentence. The revocation court order returning a person to prison under this paragraph shall provide the person on whose extended supervision was revoked with credit in accordance with ss. 304.072 and 973.155.

AB3-engrossed, s. 159 Section 159. 302.113 (9) (ag) of the statutes is created to read:

AB3-engrossed,66,2 302.113 (9) (ag) In this subsection "reviewing authority" means the division of hearings and appeals in the department of administration, upon proper notice and hearing, or the department of corrections, if the person on extended supervision waives a hearing.

AB3-engrossed, s. 160 Section 160. 302.113 (9) (at) of the statutes is created to read:

AB3-engrossed,66,8 302.113 (9) (at) When a person is returned to court under par. (am) after revocation of extended supervision, the reviewing authority shall make a recommendation to the court concerning the period of time for which the person should be returned to prison. The recommended time period may not exceed the time remaining on the bifurcated sentence, as calculated under par. (am).

AB3-engrossed, s. 161 Section 161. 302.113 (9) (b) of the statutes is amended to read:

AB3-engrossed,66,19 302.113 (9) (b) A person who is returned to prison after revocation of extended supervision shall be incarcerated for the entire period of time specified by the department of corrections in the case of a waiver or by the division of hearings and appeals in the department of administration in the case of a hearing court under par. (a) (am). The period of time specified under par. (a) (am) may be extended in accordance with sub. (3). If a person is returned to prison under par. (am) for a period of time that is less than the time remaining on the bifurcated sentence, the person shall be released to extended supervision after he or she has served the period of time specified by the court under par. (am) and any periods of extension imposed in accordance with sub. (3).

AB3-engrossed, s. 162 Section 162. 302.113 (9) (c) of the statutes is amended to read:

AB3-engrossed,67,6 302.113 (9) (c) A person who is subsequently released to extended supervision after service of the period of time specified by the department of corrections in the case of a waiver or by the division of hearings and appeals in the department of administration in the case of a hearing court under par. (a) (am) is subject to all conditions and rules under sub. subs. (7) and, if applicable, (7m) until the expiration of the term of remaining extended supervision portion of the bifurcated sentence. The remaining extended supervision portion of the bifurcated sentence is the total length of the bifurcated sentence, less the time served by the person in confinement under the bifurcated sentence before release to extended supervision under sub. (2) and less all time served in confinement for previous revocations of extended supervision under the bifurcated sentence.

AB3-engrossed, s. 163 Section 163. 302.113 (9) (d) of the statutes is created to read:

AB3-engrossed,67,11 302.113 (9) (d) For the purposes of pars. (am) and (c), the amount of time a person has served in confinement before release to extended supervision and the amount of time a person has served in confinement for a revocation of extended supervision includes any extensions imposed under sub. (3).

AB3-engrossed, s. 164 Section 164. 302.113 (9) (e) of the statutes is created to read:

AB3-engrossed,67,16 302.113 (9) (e) If a hearing is to be held under par. (am) before the division of hearings and appeals in the department of administration, the hearing examiner may order the taking and allow the use of a videotaped deposition under s. 967.04 (7) to (10).

AB3-engrossed, s. 165 Section 165. 302.113 (9) (f) of the statutes is created to read:

AB3-engrossed,67,21 302.113 (9) (f) A reviewing authority may consolidate proceedings before it under par. (am) with other proceedings before that reviewing authority under par. (am) or s. 302.11 (7) (am) or 302.114 (9) (am) if all of the proceedings relate to the parole or extended supervision of the same person.

AB3-engrossed, s. 166 Section 166. 302.113 (9) (g) of the statutes is created to read:

AB3-engrossed,68,3 302.113 (9) (g) In any case in which there is a hearing before the division of hearings and appeals in the department of administration concerning whether to revoke of a person's extended supervision, the person on extended supervision may seek review of a decision to revoke extended supervision and the department of corrections may seek review of a decision to not revoke extended supervision. Review of a decision under this paragraph may be sought only by an action for certiorari.

AB3-engrossed, s. 167 Section 167. 302.113 (9g) of the statutes is created to read:

AB3-engrossed,68,5 302.113 (9g) (a) In this subsection: