AB3-engrossed,60,72
302.11
(1g) (a) 2. Any felony under
s. 940.09 (1), 1999 stats., s. 943.23 (1m),
31999 stats., s. 948.35 (1) (b) or (c), 1999 stats., or s. 948.36, 1999 stats., or s. 940.02,
4940.03, 940.05, 940.09
(1) (1c), 940.19 (5), 940.195 (5), 940.21, 940.225 (1) or (2),
5940.305 (2), 940.31 (1) or (2) (b), 943.02, 943.10 (2), 943.23 (1g)
or (1m), 943.32 (2),
6946.43 (1m), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.06, 948.07,
7948.08,
or 948.30 (2)
, 948.35 (1) (b) or (c) or 948.36.
AB3-engrossed,60,129
302.11
(1p) An inmate serving a term subject to s. 961.49 (2)
, 1999 stats., for
10a crime committed before December 31, 1999, is entitled to mandatory release,
11except the inmate may not be released before he or she has complied with s. 961.49
12(2)
, 1999 stats.
AB3-engrossed,60,1714
302.11
(1z) An inmate who is sentenced to a term of confinement in prison
15under s. 973.01 for a felony that is committed on or after December 31, 1999, is not
16entitled
under this section to mandatory release on parole under
this section that
17sentence.
AB3-engrossed,60,2019
302.11
(3) All consecutive sentences
imposed for crimes committed before
20December 31, 1999, shall be computed as one continuous sentence.
AB3-engrossed, s. 148
21Section
148. 302.11 (7) (a) of the statutes is renumbered 302.11 (7) (am) and
22amended to read:
AB3-engrossed,61,523
302.11
(7) (am) The
division of hearings and appeals in the department of
24administration, upon proper notice and hearing, or the department of corrections, if
25the parolee waives a hearing, reviewing authority may return a parolee released
1under sub. (1) or (1g) (b) or s. 304.02 or 304.06 (1) to prison for a period up to the
2remainder of the sentence for a violation of the conditions of parole. The remainder
3of the sentence is the entire sentence, less time served in custody prior to parole. The
4revocation order shall provide the parolee with credit in accordance with ss. 304.072
5and 973.155.
AB3-engrossed,61,97
302.11
(7) (ag) In this subsection "reviewing authority" means the division of
8hearings and appeals in the department of administration, upon proper notice and
9hearing, or the department of corrections, if the parolee waives a hearing.
AB3-engrossed,61,1811
302.11
(7) (b) A parolee returned to prison for violation of the conditions of
12parole shall be incarcerated for the entire period of time determined by the
13department of corrections in the case of a waiver or the division of hearings and
14appeals in the department of administration in the case of a hearing under par. (a), 15reviewing authority unless paroled earlier under par. (c). The parolee is not subject
16to mandatory release under sub. (1) or presumptive mandatory release under sub.
17(1g). The period of time determined under par.
(a)
(am) may be extended in
18accordance with subs. (1q) and (2).
AB3-engrossed,61,2520
302.11
(7) (d) A parolee who is subsequently released either after service of the
21period of time determined by the
department of corrections in the case of a waiver
22or the division of hearings and appeals in the department of administration in the
23case of a hearing under par. (a) reviewing authority or by a grant of parole under par.
24(c) is subject to all conditions and rules of parole until expiration of sentence or
25discharge by the department.
AB3-engrossed,62,52
302.11
(7) (e) A reviewing authority may consolidate proceedings before it
3under par. (am) with other proceedings before that reviewing authority under par.
4(am) or s. 302.113 (9) (am) or 302.114 (9) (am) if all of the proceedings relate to the
5parole or extended supervision of the same person.
AB3-engrossed,62,117
302.113
(2) Except as provided in subs. (3) and (9), an inmate subject to this
8section is entitled to release to extended supervision after he or she has served the
9term of confinement in prison portion of the sentence imposed under s. 973.01, as
10modified by the sentencing court under
sub. (9g) or s. 302.045 (3m) (b) 1., if
11applicable.
AB3-engrossed,62,1913
302.113
(3) (a) (intro.) The warden or superintendent shall keep a record of the
14conduct of each inmate subject to this section, specifying each infraction of the rules.
15If an inmate subject to this section
violates an order under s. 973.031 requiring him
16or her to participate in a drug treatment program, violates any regulation of the
17prison or refuses or neglects to perform required or assigned duties, the department
18may extend the term of confinement in prison portion of the inmate's bifurcated
19sentence as follows:
AB3-engrossed,62,2421
302.113
(4) All consecutive sentences
imposed for crimes committed on or after
22December 31, 1999, shall be computed as one continuous sentence. The person shall
23serve any term of extended supervision after serving all terms of confinement in
24prison.
AB3-engrossed,63,6
1302.113
(7) Any person released to extended supervision under this section is
2subject to all conditions and rules of extended supervision until the expiration of the
3term of extended supervision portion of the bifurcated sentence. The department
4may set conditions of extended supervision in addition to any conditions of extended
5supervision set by the court under
sub. (7m) or s. 973.01 (5) if the conditions set by
6the department do not conflict with the court's conditions.
AB3-engrossed,63,108
302.113
(7m) (a) Except as provided in par. (e), a person subject to this section
9or the department may petition the sentencing court to modify any conditions of
10extended supervision set by the court.
AB3-engrossed,63,1811
(b) If the department files a petition under this subsection, it shall serve a copy
12of the petition on the person who is the subject of the petition and, if the person is
13represented by an attorney, on the person's attorney. If a person who is subject to this
14section or his or her attorney files a petition under this subsection, the person or his
15or her attorney shall serve a copy of the petition on the department. The court shall
16serve a copy of a petition filed under this section on the district attorney. The court
17may direct the clerk of the court to provide notice of the petition to a victim of a crime
18committed by the person who is the subject of the petition.
AB3-engrossed,63,2219
(c) The court may conduct a hearing to consider the petition. The court may
20grant the petition in full or in part if it determines that the modification would meet
21the needs of the department and the public and would be consistent with the
22objectives of the person's sentence.
AB3-engrossed,64,223
(d) A person subject to this section or the department may appeal an order
24entered by the court under this subsection. The appellate court may reverse the
1order only if it determines that the sentencing court erroneously exercised its
2discretion in granting or denying the petition.
AB3-engrossed,64,63
(e) 1. An inmate may not petition the court to modify the conditions of extended
4supervision earlier than one year before the date of the inmate's scheduled date of
5release to extended supervision or more than once before the inmate's release to
6extended supervision.
AB3-engrossed,64,117
2. A person subject to this section may not petition the court to modify the
8conditions of extended supervision within one year after the inmate's release to
9extended supervision. If a person subject to this section files a petition authorized
10by this subsection after his or her release from confinement, the person may not file
11another petition until one year after the date of filing the former petition.
AB3-engrossed,64,1713
302.113
(8m) (a) Every person released to extended supervision under this
14section remains in the legal custody of the department. If the department alleges
15that any condition or rule of extended supervision has been violated by the person,
16the department may take physical custody of the person for the investigation of the
17alleged violation.
AB3-engrossed,65,218
(b) If a person released to extended supervision under this section signs a
19statement admitting a violation of a condition or rule of extended supervision, the
20department may, as a sanction for the violation, confine the person for up to 90 days
21in a regional detention facility or, with the approval of the sheriff, in a county jail.
22If the department confines the person in a county jail under this paragraph, the
23department shall reimburse the county for its actual costs in confining the person
24from the appropriations under s. 20.410 (1) (ab) and (b). Notwithstanding s. 302.43,
1the person is not eligible to earn good time credit on any period of confinement
2imposed under this subsection.
AB3-engrossed, s. 158
3Section
158. 302.113 (9) (a) of the statutes is renumbered 302.113 (9) (am) and
4amended to read:
AB3-engrossed,65,215
302.113
(9) (am) If a person released to extended supervision under this section
6violates a condition of extended supervision, the
division of hearings and appeals in
7the department of administration, upon proper notice and hearing, or the
8department of corrections, if the person on extended supervision waives a hearing, 9reviewing authority may revoke the extended supervision of the person
and return
10the person to prison. If
the extended supervision of the person is
revoked, the person
11shall be returned to the circuit court for the county in which the person was convicted
12of the offense for which he or she was on extended supervision, and the court shall
13order the person to be returned to prison
, he or she shall be returned to prison for any
14specified period of time that does not exceed the time remaining on the bifurcated
15sentence. The time remaining on the bifurcated sentence is the total length of the
16bifurcated sentence, less time served by the person in
custody confinement under the
17sentence before release to extended supervision
under sub. (2) and less all time
18served in confinement for previous revocations of extended supervision under the
19sentence. The
revocation court order
returning a person to prison under this
20paragraph shall provide the person
on whose extended supervision
was revoked with
21credit in accordance with ss. 304.072 and 973.155.
AB3-engrossed,66,223
302.113
(9) (ag) In this subsection "reviewing authority" means the division of
24hearings and appeals in the department of administration, upon proper notice and
1hearing, or the department of corrections, if the person on extended supervision
2waives a hearing.
AB3-engrossed,66,84
302.113
(9) (at) When a person is returned to court under par. (am) after
5revocation of extended supervision, the reviewing authority shall make a
6recommendation to the court concerning the period of time for which the person
7should be returned to prison. The recommended time period may not exceed the time
8remaining on the bifurcated sentence, as calculated under par. (am).
AB3-engrossed,66,1910
302.113
(9) (b) A person who is returned to prison after revocation of extended
11supervision shall be incarcerated for the entire period of time specified by the
12department of corrections in the case of a waiver or by the division of hearings and
13appeals in the department of administration in the case of a hearing court under par.
14(a) (am). The period of time specified under par.
(a) (am) may be extended in
15accordance with sub. (3).
If a person is returned to prison under par. (am) for a period
16of time that is less than the time remaining on the bifurcated sentence, the person
17shall be released to extended supervision after he or she has served the period of time
18specified by the court under par. (am) and any periods of extension imposed in
19accordance with sub. (3).
AB3-engrossed,67,621
302.113
(9) (c) A person who is subsequently released to extended supervision
22after service of the period of time specified by the
department of corrections in the
23case of a waiver or by the division of hearings and appeals in the department of
24administration in the case of a hearing court under par.
(a) (am) is subject to all
25conditions and rules under
sub. subs. (7)
and, if applicable, (7m) until the expiration
1of the
term of remaining extended supervision portion of the bifurcated sentence.
2The remaining extended supervision portion of the bifurcated sentence is the total
3length of the bifurcated sentence, less the time served by the person in confinement
4under the bifurcated sentence before release to extended supervision under sub. (2)
5and less all time served in confinement for previous revocations of extended
6supervision under the bifurcated sentence.
AB3-engrossed,67,118
302.113
(9) (d) For the purposes of pars. (am) and (c), the amount of time a
9person has served in confinement before release to extended supervision and the
10amount of time a person has served in confinement for a revocation of extended
11supervision includes any extensions imposed under sub. (3).
AB3-engrossed,67,1613
302.113
(9) (e) If a hearing is to be held under par. (am) before the division of
14hearings and appeals in the department of administration, the hearing examiner
15may order the taking and allow the use of a videotaped deposition under s. 967.04
16(7) to (10).
AB3-engrossed,67,2118
302.113
(9) (f) A reviewing authority may consolidate proceedings before it
19under par. (am) with other proceedings before that reviewing authority under par.
20(am) or s. 302.11 (7) (am) or 302.114 (9) (am) if all of the proceedings relate to the
21parole or extended supervision of the same person.
AB3-engrossed,68,323
302.113
(9) (g) In any case in which there is a hearing before the division of
24hearings and appeals in the department of administration concerning whether to
25revoke of a person's extended supervision, the person on extended supervision may
1seek review of a decision to revoke extended supervision and the department of
2corrections may seek review of a decision to not revoke extended supervision. Review
3of a decision under this paragraph may be sought only by an action for certiorari.
AB3-engrossed,68,55
302.113
(9g) (a) In this subsection:
AB3-engrossed,68,86
1. "Program review committee" means the committee at a correctional
7institution that reviews the security classifications, institution assignments, and
8correctional programming assignments of inmates confined in the institution.
AB3-engrossed,68,139
2. "Terminal condition" means an incurable condition afflicting a person,
10caused by injury, disease, or illness, as a result of which the person has a medical
11prognosis that his or her life expectancy is 6 months or less, even with available
12life-sustaining treatment provided in accordance with the prevailing standard of
13medical care.
AB3-engrossed,68,1614
(b) An inmate who is serving a bifurcated sentence for a crime other than a
15Class B felony may seek modification of the bifurcated sentence in the manner
16specified in par. (f) if he or she meets one of the following criteria:
AB3-engrossed,68,1817
1. The inmate is 65 years of age or older and has served at least 5 years of the
18term of confinement in prison portion of the bifurcated sentence.
AB3-engrossed,68,2019
2. The inmate is 60 years of age or older and has served at least 10 years of the
20term of confinement in prison portion of the bifurcated sentence.
AB3-engrossed,68,2121
3. The inmate has a terminal condition.
AB3-engrossed,69,222
(c) An inmate who meets the criteria under par. (b) may submit a petition to
23the program review committee at the correctional institution in which the inmate is
24confined requesting a modification of the inmate's bifurcated sentence in the manner
25specified in par. (f). If the inmate alleges in the petition that he or she has a terminal
1condition, the inmate shall attach to the petition affidavits from 2 physicians setting
2forth a diagnosis that the inmate has a terminal condition.
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:
