AB3-engrossed,69,113
(cm) If, after receiving a petition under par. (c), the program review committee
4determines that the public interest would be served by a modification of the inmate's
5bifurcated sentence in the manner provided under par. (f), the committee shall
6approve the petition for referral to the sentencing court and notify the department
7of its approval. The department shall then refer the inmate's petition to the
8sentencing court and request the court to conduct a hearing on the petition. If the
9program review committee determines that the public interest would not be served
10by a modification of the inmate's bifurcated sentence in the manner specified in par.
11(f), the committee shall deny the inmate's petition.
AB3-engrossed,69,2212
(d) When a court is notified by the department that it is referring to the court
13an inmate's petition for modification of the inmate's bifurcated sentence, the court
14shall set a hearing to determine whether the public interest would be served by a
15modification of the inmate's bifurcated sentence in the manner specified in par. (f).
16The inmate and the district attorney have the right to be present at the hearing, and
17any victim of the inmate's crime has the right to be present at the hearing and to
18provide a statement concerning the modification of the inmate's bifurcated sentence.
19The court shall order such notice of the hearing date as it considers adequate to be
20given to the department, the inmate, the attorney representing the inmate, if
21applicable, and the district attorney. Victim notification shall be provided as
22specified under par. (g).
AB3-engrossed,70,623
(e) At a hearing scheduled under par. (d), the inmate has the burden of proving
24by the greater weight of the credible evidence that a modification of the bifurcated
25sentence in the manner specified in par. (f) would serve the public interest. If the
1inmate proves that a modification of the bifurcated sentence in the manner specified
2in par. (f) would serve the public interest, the court shall modify the inmate's
3bifurcated sentence in that manner. If the inmate does not prove that a modification
4of the bifurcated sentence in the manner specified in par. (f) would serve the public
5interest, the court shall deny the inmate's petition for modification of the bifurcated
6sentence.
AB3-engrossed,70,87
(f) A court may modify an inmate's bifurcated sentence under this section only
8as follows:
AB3-engrossed,70,129
1. The court shall reduce the term of confinement in prison portion of the
10inmate's bifurcated sentence in a manner that provides for the release of the inmate
11to extended supervision within 30 days after the date on which the court issues its
12order modifying the bifurcated sentence.
AB3-engrossed,70,1413
2. The court shall lengthen the term of extended supervision imposed so that
14the total length of the bifurcated sentence originally imposed does not change.
AB3-engrossed,70,1515
(g) 1. In this paragraph, "victim" has the meaning given in s. 950.02 (4).
AB3-engrossed,70,2416
2. When a court sets a hearing date under par. (d), the clerk of the circuit court
17shall send a notice of hearing to the victim of the crime committed by the inmate, if
18the victim has submitted a card under subd. 3. requesting notification. The notice
19shall inform the victim that he or she may appear at the hearing scheduled under
20par. (d) and shall inform the victim of the manner in which he or she may provide a
21statement concerning the modification of the inmate's bifurcated sentence in the
22manner provided in par. (f). The clerk of the circuit court shall make a reasonable
23attempt to send the notice of hearing to the last-known address of the inmate's
24victim, postmarked at least 10 days before the date of the hearing.
AB3-engrossed,71,10
13. The director of state courts shall design and prepare cards for a victim to send
2to the clerk of the circuit court for the county in which the inmate was convicted and
3sentenced. The cards shall have space for a victim to provide his or her name and
4address, the name of the applicable inmate, and any other information that the
5director of state courts determines is necessary. The director of state courts shall
6provide the cards, without charge, to clerks of circuit court. Clerks of circuit court
7shall provide the cards, without charge, to victims. Victims may send completed
8cards to the clerk of the circuit court for the county in which the inmate was convicted
9and sentenced. All court records or portions of records that relate to mailing
10addresses of victims are not subject to inspection or copying under s. 19.35 (1).
AB3-engrossed,71,1711
(h) An inmate may appeal a court's decision to deny the inmate's petition for
12modification of his or her bifurcated sentence. The state may appeal a court's
13decision to grant an inmate's petition for a modification of the inmate's bifurcated
14sentence. In an appeal under this paragraph, the appellate court may reverse a
15decision granting or denying a petition for modification of a bifurcated sentence only
16if it determines that the sentencing court erroneously exercised its discretion in
17granting or denying the petition.
AB3-engrossed,71,2318
(i) If the program review committee denies an inmate's petition under par. (cm),
19the inmate may not file another petition within one year after the date of the program
20review committee's denial. If the program review committee approves an inmate's
21petition for referral to the sentencing court under par. (cm) but the sentencing court
22denies the petition, the inmate may not file another petition under par. (c) within one
23year after the date of the court's decision.
AB3-engrossed,72,724
(j) An inmate eligible to seek modification of his or her bifurcated sentence
25under this subsection has a right to be represented by counsel in proceedings under
1this subsection. An inmate, or the department on the inmate's behalf, may apply to
2the state public defender for determination of indigency and appointment of counsel
3under s. 977.05 (4) (jm) before or after the filing of a petition with the program review
4committee under par. (c). If an inmate whose petition has been referred to the court
5under par. (cm) is without counsel, the court shall refer the matter to the state public
6defender for determination of indigency and appointment of counsel under s. 977.05
7(4) (jm).
AB3-engrossed,72,159
302.114
(3) (a) (intro.) The warden or superintendent shall keep a record of the
10conduct of each inmate subject to this section, specifying each infraction of the rules.
11If
any an inmate subject to this section
violates an order under s. 973.031 requiring
12him or her to participate in a drug treatment program, violates any regulation of the
13prison or refuses or neglects to perform required or assigned duties, the department
14may extend the extended supervision eligibility date set under s. 973.014 (1g) (a) 1.
15or 2., whichever is applicable, as follows:
AB3-engrossed,72,2017
302.114
(4) All consecutive sentences
imposed for crimes committed on or after
18December 31, 1999, shall be computed as one continuous sentence. An inmate
19subject to this section shall serve any term of extended supervision after serving all
20terms of confinement in prison.
AB3-engrossed,73,222
302.114
(5) (f) An inmate may appeal an order denying his or her petition for
23release to extended supervision. In an appeal under this paragraph, the appellate
24court may reverse an order denying a petition for release to extended supervision
1only if it determines that the sentencing court
improperly erroneously exercised its
2discretion in denying the petition for release to extended supervision.
AB3-engrossed,73,84
302.114
(6) (b) If an inmate petitions a court under sub. (5) or (9)
(b) (bm) for
5release to extended supervision under this section, the clerk of the circuit court in
6which the petition is filed shall send a copy of the petition and, if a hearing is
7scheduled, a notice of hearing to the victim of the crime committed by the inmate, if
8the victim has submitted a card under par. (e) requesting notification.
AB3-engrossed,73,1310
302.114
(6) (c) The notice under par. (b) shall inform the victim that he or she
11may appear at the hearing under sub. (5) or (9)
(b)
(bm), if a hearing is scheduled,
12and shall inform the victim of the manner in which he or she may provide written
13statements concerning the inmate's petition for release to extended supervision.
AB3-engrossed,73,1915
302.114
(8m) (a) Every person released to extended supervision under this
16section remains in the legal custody of the department. If the department alleges
17that any condition or rule of extended supervision has been violated by the person,
18the department may take physical custody of the person for the investigation of the
19alleged violation.
AB3-engrossed,74,320
(b) If a person released to extended supervision under this section signs a
21statement admitting a violation of a condition or rule of extended supervision, the
22department may, as a sanction for the violation, confine the person for up to 90 days
23in a regional detention facility or, with the approval of the sheriff, in a county jail.
24If the department confines the person in a county jail under this paragraph, the
25department shall reimburse the county for its actual costs in confining the person
1from the appropriations under s. 20.410 (1) (ab) and (b). Notwithstanding s. 302.43,
2the person is not eligible to earn good time credit on any period of confinement
3imposed under this subsection.
AB3-engrossed, s. 173
4Section
173. 302.114 (9) (a) of the statutes is renumbered 302.114 (9) (am) and
5amended to read:
AB3-engrossed,74,186
302.114
(9) (am) If a person released to extended supervision under this section
7violates a condition of extended supervision, the
division of hearings and appeals in
8the department of administration, upon proper notice and hearing, or the
9department of corrections, if the person on extended supervision waives a hearing, 10reviewing authority may revoke the extended supervision of the person
and return
11the person to prison. If
the extended supervision of the person is
revoked, the person
12shall be returned to the circuit court for the county in which the person was convicted
13of the offense for which he or she was on extended supervision, and the court shall
14order the person to be returned to prison
, he or she shall be returned to prison for a
15specified period of time
, as provided under par. (b)
before he or she is eligible for being
16released again to extended supervision. The period of time specified under this
17paragraph may not be less than 5 years and may be extended in accordance with sub.
18(3).
AB3-engrossed,74,2120
302.114
(9) (ag) In this subsection "reviewing authority" has the meaning given
21in s. 302.113 (9) (ag).
AB3-engrossed,75,623
302.114
(9) (b)
If When a person is returned to
prison court under par.
(a) (am) 24after revocation of extended supervision, the
department of corrections in the case
25of a waiver or the division of hearings and appeals in the department of
1administration in the case of a hearing under par. (a)
reviewing authority shall
2specify a make a recommendation to the court concerning the period of time for which
3the person
shall be incarcerated should be returned to prison before being eligible for
4release to extended supervision. The period of time
specified recommended under
5this paragraph may not be less than 5 years
and may be extended in accordance with
6sub. (3).
AB3-engrossed,75,188
302.114
(9) (bm) A person who is returned to prison under par.
(a) (am) after
9revocation of extended supervision may, upon petition to the sentencing court, be
10released to extended supervision after he or she has served the entire period of time
11specified
in by the court under par.
(b) (am), including any periods of extension
12imposed under sub. (3). A person may not file a petition under this paragraph earlier
13than 90 days before the date on which he or she is eligible to be released to extended
14supervision. If a person files a petition for release to extended supervision under this
15paragraph at any time earlier than 90 days before the date on which he or she is
16eligible to be released to extended supervision, the court shall deny the petition
17without a hearing. The procedures specified in sub. (5) (am) to (f) apply to a petition
18filed under this paragraph.
AB3-engrossed,75,2220
302.114
(9) (c) A person who is subsequently released to extended supervision
21under par.
(b) (bm) is subject to all conditions and rules under sub. (8) until the
22expiration of the sentence.
AB3-engrossed,76,224
302.114
(9) (d) If a hearing is to be held under par. (am) before the division of
25hearings and appeals in the department of administration, the hearing examiner
1may order the taking and allow the use of a videotaped deposition under s. 967.04
2(7) to (10).
AB3-engrossed,76,74
302.114
(9) (e) A reviewing authority may consolidate proceedings before it
5under par. (am) with other proceedings before that reviewing authority under par.
6(am) or s. 302.11 (7) (am) or 302.113 (9) (am) if all of the proceedings relate to the
7parole or extended supervision of the same person.
AB3-engrossed,76,149
302.114
(9) (f) In any case in which there is a hearing before the division of
10hearings and appeals in the department of administration concerning whether to
11revoke a person's extended supervision, the person on extended supervision may
12seek review of a decision to revoke extended supervision and the department of
13corrections may seek review of a decision to not revoke extended supervision. Review
14of a decision under this paragraph may be sought only by an action for certiorari.
AB3-engrossed,76,2316
302.33
(1) The maintenance of persons who have been sentenced to the state
17penal institutions; persons in the custody of the department, except as provided in
18sub. (2) and
s. ss. 301.048 (7)
, 302.113 (8m), and 302.114 (8m); persons accused of
19crime and committed for trial; persons committed for the nonpayment of fines and
20expenses; and persons sentenced to imprisonment therein, while in the county jail,
21shall be paid out of the county treasury. No claim may be allowed to any sheriff for
22keeping or boarding any person in the county jail unless the person was lawfully
23detained therein.
AB3-engrossed,77,13
1302.43 Good time. Every inmate of a county jail is eligible to earn good time
2in the amount of one-fourth of his or her term for good behavior if sentenced to at
3least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit
4for time served prior to sentencing under s. 973.155, including good time under s.
5973.155 (4). An inmate who
violates an order under s. 973.031 requiring him or her
6to participate in a drug treatment program, violates any law or any regulation of the
7jail, or neglects or refuses to perform any duty lawfully required of him or her, may
8be deprived by the sheriff of good time under this section, except that the sheriff shall
9not deprive the inmate of more than 2 days good time for any one offense without the
10approval of the court. An inmate who files an action or special proceeding, including
11a petition for a common law writ of certiorari, to which s. 807.15 applies shall be
12deprived of the number of days of good time specified in the court order prepared
13under s. 807.15 (3).
AB3-engrossed,77,1915
303.065
(1) (b) 1. A person serving a life sentence, other than a life sentence
16specified in subd. 2., may be considered for work release only after he or she has
17reached parole eligibility under s. 304.06 (1) (b) or 973.014 (1) (a) or (b), whichever
18is applicable, or he or she has reached his or her extended supervision eligibility date
19under s. 302.114 (9)
(b) (a) or 973.014 (1g) (a) 1. or 2., whichever is applicable.
AB3-engrossed,77,2421
303.08
(1) (intro.) Any person sentenced to a county jail for crime, nonpayment
22of a fine or forfeiture, or contempt of court
, or subject to a confinement sanction under
23s. 302.113 (8m) or 302.114 (8m) may be granted the privilege of leaving the jail during
24necessary and reasonable hours for any of the following purposes:
AB3-engrossed,78,7
1303.08
(2) Unless such privilege is expressly granted by the court
or, in the case
2of a person subject to a confinement sanction under s. 302.113 (8m) or 302.114 (8m),
3the department, the
prisoner person is sentenced to ordinary confinement.
The A 4prisoner
, other than a person subject to a confinement sanction under s. 302.113 (8m)
5or 302.114 (8m), may petition the court for such privilege at the time of sentence or
6thereafter, and in the discretion of the court may renew the prisoner's petition. The
7court may withdraw the privilege at any time by order entered with or without notice.
AB3-engrossed,78,139
303.08
(5) (intro.) By order of the court
or, for a person subject to a confinement
10sanction under s. 302.113 (8m) or 302.114 (8m), by order of the department, the
11wages, salary and unemployment insurance and employment training benefits
12received by prisoners shall be disbursed by the sheriff for the following purposes, in
13the order stated:
AB3-engrossed,78,2015
303.08
(6) The
department, for a person subject to a confinement sanction
16under s. 302.113 (8m) or 302.114 (8m), or the sentencing court
may, by order
, may 17authorize the sheriff to whom the prisoner is committed to arrange with another
18sheriff for the employment or employment training of the prisoner in the other's
19county, and while so employed or trained to be in the other's custody but in other
20respects to be and continue subject to the commitment.
AB3-engrossed,79,222
303.08
(12) In counties having a house of correction, any person violating the
23privilege granted under sub. (1) may be transferred by the county jailer to the house
24of correction for the remainder of the term of the person's sentence
or, if applicable,
1the remainder of the person's confinement sanction under s. 302.113 (8m) or 302.114
2(8m).
AB3-engrossed,79,184
304.06
(1) (b) Except as provided in
s. 961.49 (2), 1999 stats., sub. (1m) or s.
5302.045 (3),
961.49 (2), 973.01 (6) or 973.0135, the parole commission may parole an
6inmate of the Wisconsin state prisons or any felon or any person serving at least one
7year or more in a county house of correction or a county reforestation camp organized
8under s. 303.07, when he or she has served 25% of the sentence imposed for the
9offense, or 6 months, whichever is greater. Except as provided in s. 939.62 (2m) (c)
10or 973.014 (1) (b) or (c), (1g) or (2), the parole commission may parole an inmate
11serving a life term when he or she has served 20 years, as modified by the formula
12under s. 302.11 (1) and subject to extension under s. 302.11 (1q) and (2), if applicable.
13The person serving the life term shall be given credit for time served prior to
14sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary
15may grant special action parole releases under s. 304.02. The department or the
16parole commission shall not provide any convicted offender or other person
17sentenced to the department's custody any parole eligibility or evaluation until the
18person has been confined at least 60 days following sentencing.
AB3-engrossed,79,2220
304.071
(2) If a prisoner is not eligible for parole under
s. 961.49 (2), 1999 stats.,
21or s. 939.62 (2m) (c),
961.49 (2), 973.01 (6), 973.014 (1) (c) or (1g) or 973.032 (5), he
22or she is not eligible for parole under this section.
AB3-engrossed,80,824
304.11
(3) If upon inquiry it further appears to the governor that the convicted
25person has violated or failed to comply with any of those conditions, the governor may
1issue his or her warrant remanding the person to the institution from which
2discharged, and the person shall be confined and treated as though no pardon had
3been granted, except that the person loses any applicable good time which he or she
4had earned. If the person is returned to prison, the person is subject to the same
5limitations as a revoked parolee under s. 302.11 (7). The department shall determine
6the period of incarceration under s. 302.11 (7)
(a)
(am). If the governor determines
7the person has not violated or failed to comply with the conditions, the person shall
8be discharged subject to the conditional pardon.
AB3-engrossed,80,1210
341.605
(3) Whoever violates sub. (1) or (2)
may be fined not more than $5,000
11or imprisoned for not more than 7 years and 6 months, or both, for each violation is
12guilty of a Class H felony.
AB3-engrossed,80,1614
342.06
(2) Any person who knowingly makes a false statement in an
15application for a certificate of title
may be fined not more than $5,000 or imprisoned
16not more than 7 years and 6 months or both is guilty of a Class H felony.
AB3-engrossed,80,2018
342.065
(4) (b) Any person who violates sub. (1) with intent to defraud
may be
19fined not more than $5,000 or imprisoned for not more than 7 years and 6 months
20or both is guilty of a Class H felony.
AB3-engrossed,80,2422
342.155
(4) (b) Any person who violates this section with intent to defraud may
23be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months
24or both
is guilty of Class H felony.
AB3-engrossed,81,3
1342.156
(6) (b) Any person who violates this section with intent to defraud
may
2be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months
3or both is guilty of a Class H felony.
AB3-engrossed,81,75
342.30
(3) (a) Any person who violates sub. (1g)
may be fined not more than
6$5,000 or imprisoned for not more than 7 years and 6 months or both
is guilty of a
7Class H felony.
AB3-engrossed,81,119
342.32
(3) Whoever violates sub. (1) or (2)
may be fined not more than $5,000
10or imprisoned for not more than 7 years and 6 months, or both, for each violation is
11guilty of a Class H felony.
AB3-engrossed,81,1413
343.31
(1) (i) Knowingly fleeing or attempting to elude a traffic officer
under
14s. 346.04 (3).
AB3-engrossed,81,1816
343.31
(3) (d) (intro.) Any person convicted of knowingly fleeing or attempting
17to elude a traffic officer
under s. 346.04 (3) shall have his or her operating privilege
18revoked as follows:
AB3-engrossed,81,2120
344.48
(2) Any person violating this section may be fined not more than
$1,000 21$10,000 or imprisoned for not more than
2 years 9 months or both.
AB3-engrossed,82,223
346.04
(2t) No operator of a vehicle, after having received a visible or audible
24signal to stop his or her vehicle from a traffic officer or marked police vehicle, shall
1knowingly resist the traffic officer by failing to stop his or her vehicle as promptly as
2safety reasonably permits.
AB3-engrossed,82,64
346.04
(4) Subsection (2t) is not an included offense of sub. (3), but a person may
5not be convicted of violating both subs. (2t) and (3) for acts arising out of the same
6incident or occurrence.
AB3-engrossed,82,98
346.17
(2t) Any person violating s. 346.04 (2t) may be fined not more than
9$10,000 or imprisoned for not more than 9 months or both.