SB40: Bill Text

SB40, s. 3159 Section 3159. 301.48 (7) (title) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB40,1428,10 301.48 (7) (title) Department's petition to terminate lifetime tracking.

SB40, s. 3160 Section 3160. 301.48 (7) (a) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB40,1428,18 301.48 (7) (a) The department may file a petition requesting that a person's lifetime tracking be terminated person no longer be tracked using a global positioning system tracking device if the person is permanently physically incapacitated. The petition shall include affidavits from 2 physicians that explain the nature of the person's permanent physical incapacitation department determines that tracking is no longer necessary to protect the public.

SB40, s. 3161 Section 3161. 301.48 (7) (b) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB40,1428,25 301.48 (7) (b) 1. The department shall file a petition under par. (a) with the circuit court for the county in which the person was convicted or found not guilty or not responsible by reason of mental disease or defect or, in the case of a person described in sub. (2) (b) (bg), the circuit court for the county in which the person was found to be a sexually violent person.

SB40,1429,4 2. The department shall send a copy of a petition filed under subd. 1. to the district attorney responsible for prosecuting the serious sex offense that was the basis for the order of lifetime tracking or, in the case of a person described in sub. (2) (b) (bg), the agency that filed the petition under s. 980.02.

SB40, s. 3162 Section 3162. 301.48 (7) (c) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB40,1429,19 301.48 (7) (c) Upon its own motion or upon the motion of the party to whom the petition was sent under par. (b) 2., the court may order that the person to whom the petition relates be examined by a physician, or a psychologist licensed under ch. 455, who is approved by the court. The physician or psychologist who conducts an examination under this paragraph shall prepare a report of his or her examination that includes his or her opinion of whether the person is permanently physically incapacitated a danger to the public. The physician or psychologist shall file the report of his or her examination with the court within 60 days after completing the examination, and the court shall provide copies of the report to the department and the party to whom the petition was sent under par. (b) 2. The contents of the report shall be confidential until the physician or psychologist testifies at a hearing under par. (d). The department shall pay the cost of an examination required under this paragraph.

SB40, s. 3163 Section 3163. 301.48 (7) (d) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB40,1430,5 301.48 (7) (d) The court shall conduct a hearing on a petition filed under par. (b) 1., but if the court has ordered a physical an examination under par. (c), the hearing may not occur until after the examination is complete and a report of the examination has been filed as provided under par. (c). At the hearing, the court shall take evidence it considers relevant to determining whether the person to whom the petition relates is permanently physically incapacitated so that he or she is not would be a danger to the public if not tracked under this section using a global positioning system tracking device. The department and the party to whom the petition was sent under par. (b) 2. may offer relevant evidence regarding that issue.

SB40, s. 3164 Section 3164. 301.48 (7) (e) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB40,1430,12 301.48 (7) (e) The court may grant a petition filed under par. (b) 1. if it determines after a hearing under par. (d) that the person to whom the petition relates is permanently physically incapacitated so that he or she is would not be a danger to the public if not tracked under this section using a global positioning system tracking device.

SB40, s. 3165 Section 3165. 301.48 (8) (title) of the statutes is created to read:

SB40,1430,14 301.48 (8) (title) Tracking options if relative.

SB40, s. 3166 Section 3166. 301.48 (8) (b) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB40,1430,22 301.48 (8) (b) Notwithstanding sub. (2), the department may terminate a person's lifetime tracking after 10 years or (7), if a person is subject to being tracked under this section and if the victim of the serious child sex offense for which the person is being tracked is a relative of the person being tracked, the department may decide not to track the person if the department determines the person would not be a danger to the public if not tracked.

SB40, s. 3167 Section 3167. 302.045 (3) of the statutes is amended to read:

SB40,1431,6 302.045 (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 earned release review commission shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served. When the parole earned release review 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.

SB40, s. 3168 Section 3168. 302.05 (1) (c) of the statutes is amended to read:

SB40,1431,12 302.05 (1) (c) The Robert E. Ellsworth Correctional Center The department of corrections and the department of health and family services shall , at any correctional facility the departments determine is appropriate, provide a substance abuse treatment program for inmates for the purposes of the earned release program described in sub. (3).

SB40, s. 3169 Section 3169. 302.05 (3) (b) of the statutes is amended to read:

SB40,1431,21 302.05 (3) (b) Except as provided in par. (d), if the department determines that an eligible inmate serving a sentence other than one imposed under s. 973.01 has successfully completed a treatment program described in sub. (1), the parole earned release review commission shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served. If the parole earned release review commission grants parole under this paragraph, it shall require the parolee to participate in an intensive supervision program for drug abusers as a condition of parole.

SB40, s. 3170 Section 3170. 302.11 (1g) (b) (intro.) of the statutes is amended to read:

SB40,1432,5 302.11 (1g) (b) (intro.) Before an incarcerated inmate with a presumptive mandatory release date reaches the presumptive mandatory release date specified under par. (am), the parole earned release review commission shall proceed under s. 304.06 (1) to consider whether to deny presumptive mandatory release to the inmate. If the parole earned release review commission does not deny presumptive mandatory release, the inmate shall be released on parole. The parole earned release review commission may deny presumptive mandatory release to an inmate only on one or more of the following grounds:

SB40, s. 3171 Section 3171. 302.11 (1g) (b) 2. of the statutes is amended to read:

SB40,1432,13 302.11 (1g) (b) 2. Refusal by the inmate to participate in counseling or treatment that the social service and clinical staff of the institution determines is necessary for the inmate, including pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen if the inmate is a serious child sex offender as defined in s. 304.06 (1q) (a). The parole earned release review commission may not deny presumptive mandatory release to an inmate because of the inmate's refusal to participate in a rehabilitation program under s. 301.047.

SB40, s. 3172 Section 3172. 302.11 (1g) (c) of the statutes is amended to read:

SB40,1432,18 302.11 (1g) (c) If the parole earned release review commission denies presumptive mandatory release to an inmate under par. (b), the parole earned release review commission shall schedule regular reviews of the inmate's case to consider whether to parole the inmate under s. 304.06 (1).

SB40, s. 3173 Section 3173. 302.11 (1g) (d) of the statutes is amended to read:

SB40,1432,22 302.11 (1g) (d) An inmate may seek review of a decision by the parole earned release review commission relating to the denial of presumptive mandatory release only by the common law writ of certiorari.

SB40, s. 3174 Section 3174. 302.11 (1m) of the statutes is amended to read:

SB40,1433,3 302.11 (1m) An inmate serving a life term is not entitled to mandatory release. Except as provided in ss. 939.62 (2m) (c) and 973.014, the parole earned release review commission may parole the inmate as specified in s. 304.06 (1).

SB40, s. 3175 Section 3175. 302.11 (7) (c) of the statutes is amended to read:

SB40,1433,7 302.11 (7) (c) The parole earned release review commission may subsequently parole, under s. 304.06 (1), and the department may subsequently parole, under s. 304.02, a parolee who is returned to prison for violation of a condition of parole.

SB40, s. 3176 Section 3176. 302.113 (2) of the statutes is amended to read:

SB40,1433,14 302.113 (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., 302.05 (3) (c) 2. a., or 973.195 (1r), if applicable, or as adjusted by the earned release review commission under s. 304.06 (1) (b).

SB40, s. 3177 Section 3177. 302.113 (8m) (b) of the statutes is amended to read:

SB40,1433,25 302.113 (8m) (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 facility owned or operated by the department, in a regional detention facility or, with the approval of the sheriff, in a county jail, in a Huber facility under s. 303.09, or in a work camp under s. 303.10. 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.

SB40, s. 3178 Section 3178. 302.372 (2) (b) of the statutes is amended to read:

SB40,1434,18 302.372 (2) (b) Before seeking any reimbursement under this section, the county shall provide a form to be used for determining the financial status of prisoners. The form shall provide for obtaining the social security number of the prisoner, the age and marital status of a prisoner, the number and ages of children of a prisoner, the number and ages of other dependents of a prisoner, the income of a prisoner, type and value of real estate owned by a prisoner, type and value of personal property owned by a prisoner, the prisoner's cash and financial institution accounts, type and value of the prisoner's investments, pensions and annuities and any other personalty of significant cash value owned by a prisoner. The county shall use the form whenever investigating the financial status of prisoners. The information on a completed form is confidential and not open to public inspection or copying under s. 19.35 (1), except that the county shall provide the name and address of an individual, the name and address of the individual's employer and financial information related to the individual from a form completed under this paragraph in response to a request for information under s. 49.22 (2m) made by the department of workforce development children and families or a county child support agency under s. 59.53 (5).

SB40, s. 3179 Section 3179. 302.38 (3) of the statutes is amended to read:

SB40,1435,2 302.38 (3) The maximum amount that a governmental unit may pay for the costs of medical or hospital care under this section is limited for that care to the amount payable by medical assistance under subch. IV of ch. 49, except s. excluding ss. 49.468 and 49.471 (11), for care for which a medical assistance rate exists. No provider of medical or hospital care may bill a prisoner under sub. (1) for the cost of care exceeding the amount paid under this subsection by the governmental unit. If no medical assistance rate exists for the care provided, there is no limitation under this subsection.

SB40, s. 3180 Section 3180. 302.386 (1) of the statutes is amended to read:

SB40,1435,13 302.386 (1) Except as provided in sub. (5), liability for medical and dental services furnished to residents housed in prisons identified in s. 302.01, in a juvenile correctional facility, or in a secured residential care center for children and youth, or to forensic patients in state institutions for those services that are not provided by employees of the department shall be limited to the amounts payable under ss. 49.43 to 49.47, except s. 49.471, excluding ss. 49.468 and 49.471 (11), for similar services. The department may waive any such limit if it determines that needed services cannot be obtained for the applicable amount. No provider of services may bill the resident or patient for the cost of services exceeding the amount of the liability under this subsection.

SB40, s. 3181 Section 3181. 304.01 (title) of the statutes is amended to read:

SB40,1435,16 304.01 (title) Parole Earned release review commission and commission chairperson; general duties.

SB40, s. 3182 Section 3182. 304.01 (1) of the statutes is amended to read:

SB40,1435,21 304.01 (1) The chairperson of the parole earned release review commission shall administer and supervise the commission and its activities and shall be the final parole granting authority for granting parole, release to extended supervision, or termination of extended supervision, except as provided in s. 304.02 or 973.195.

SB40, s. 3183 Section 3183. 304.01 (2) (intro.) of the statutes is amended to read:

SB40,1436,4 304.01 (2) (intro.) The parole earned release review commission shall conduct regularly scheduled interviews to consider the parole or release to extended supervision of eligible inmates of the adult correctional institutions under the control of the department of corrections, eligible inmates transferred under ch. 51 and under the control of the department of health and family services and eligible inmates in any county house of correction. The department of corrections shall provide all of the following to the parole earned release review commission:

SB40, s. 3184 Section 3184. 304.01 (2) (b) of the statutes is amended to read:

SB40,1436,8 304.01 (2) (b) Scheduling assistance for parole interviews for prisoners who have applied for parole or release to extended supervision at the correctional institutions.

SB40, s. 3185 Section 3185. 304.01 (2) (c) of the statutes is amended to read:

SB40,1436,11 304.01 (2) (c) Clerical support related to the parole interviews for prisoners who have applied for parole or release to extended supervision.

SB40, s. 3186 Section 3186. 304.01 (2) (d) of the statutes is amended to read:

SB40,1436,15 304.01 (2) (d) Appropriate physical space at the correctional institutions to conduct the parole interviews for prisoners who have applied for parole or release to extended supervision.

SB40, s. 3187 Section 3187. 304.06 (title) of the statutes is amended to read:

SB40,1436,18 304.06 (title) Paroles Release to parole or extended supervision from state prisons and house of correction; termination of extended supervision.

SB40, s. 3188 Section 3188. 304.06 (1) (b) of the statutes is amended to read:

SB40,1437,16 304.06 (1) (b) Except as provided in s. 961.49 (2), 1999 stats., sub. (1m) or s. 302.045 (3), 302.05 (3) (b), 973.01 (6), or 973.0135, the parole earned release review 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. The earned release review board may release to extended supervision a person sentenced under s. 973.01 for a Class F to a Class I felony after the person has served at least 75 percent of the term of confinement in prison portion of the sentence, and may terminate extended supervision of a person sentenced under s. 973.01 for a Class F to a Class I felony after the person has completed 75 percent of his or her extended supervision portion of the sentence. Except as provided in s. 939.62 (2m) (c) or 973.014 (1) (b) or (c), (1g) or (2), the parole earned release review 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 earned release review commission shall not provide any convicted offender or other person sentenced to the department's custody any parole eligibility or evaluation for parole or release to extended supervision until the person has been confined at least 60 days following sentencing.

SB40, s. 3189 Section 3189. 304.06 (1) (bn) of the statutes is created to read:

SB40,1437,20 304.06 (1) (bn) The earned release review commission may consider any of the following as a ground for a petition under par. (b) for sentence reduction by a person who is sentenced under s. 973.01 for a Class F to Class I felony:

SB40,1437,23 1. The inmate's conduct, efforts at and progress in rehabilitation, or participation and progress in education, treatment, or other correctional programs since he or she was sentenced.

SB40,1438,3 2. A change in law or procedure related to sentencing or revocation of extended supervision effective after the inmate was sentenced that would have resulted in a shorter term of confinement in prison or, if the inmate was returned to prison upon revocation of extended supervision, a shorter period of confinement in prison upon revocation, if the change had been applicable when the inmate was sentenced.

SB40,1438,5 3. The inmate is subject to a sentence of confinement in another state or the inmate is in the United States illegally and may be deported.

SB40,1438,6 4. Sentence adjustment is otherwise in the interests of justice.

SB40, s. 3190 Section 3190. 304.06 (1) (br) of the statutes is created to read:

SB40,1438,10 304.06 (1) (br) 1. Except as provided under subd. 2., the earned release review commission may reduce the term of confinement of a person who is sentenced under s. 973.01 for a Class F to Class I felony only as follows:

SB40,1438,14 a. If the inmate is serving the term of confinement in prison portion of the sentence, a reduction in the term of confinement in prison by the amount of time remaining in the term of confinement in prison portion of the sentence, less up to 30 days, and a corresponding increase in the term of extended supervision.

SB40,1438,18 b. If the inmate is confined in prison upon revocation of extended supervision, a reduction in the amount of time remaining in the period of confinement in prison imposed upon revocation, less up to 30 days, and a corresponding increase in the term of extended supervision.

SB40,1439,2 2. a. If the earned release review commission adjusts a sentence under subd. 1. on the basis of a change in law or procedure as provided under par. (bn) 2. and the total sentence length of the adjusted sentence is greater than the maximum sentence length that the offender could have received if the change in law or procedure had been applicable when the inmate was originally sentenced, the earned release review commission may reduce the length of the term of extended supervision so that the total sentence length does not exceed the maximum sentence length that the offender could have received if the change in law or procedure had been applicable when the inmate was originally sentenced.

SB40,1439,11 b. If the earned release review commission adjusts a sentence under subd. 1. on the basis of a change in law or procedure as provided under par. (bn) 2. and the adjusted term of extended supervision is greater than the maximum term of extended supervision that the offender could have received if the change in law or procedure had been applicable when the inmate was originally sentenced, the earned release review commission may reduce the length of the term of extended supervision so that the term of extended supervision does not exceed the maximum term of extended supervision that the offender could have received if the change in law or procedure had been applicable when the inmate was originally sentenced.

SB40, s. 3191 Section 3191. 304.06 (1) (bu) of the statutes is created to read:

SB40,1439,15 304.06 (1) (bu) An inmate who is sentenced under s. 973.01 for a Class F to Class I felony may submit only one petition under this subsection for each sentence imposed under s. 973.01.

SB40, s. 3192 Section 3192. 304.06 (1) (c) (intro.) of the statutes is amended to read:

SB40,1439,20 304.06 (1) (c) (intro.) If an inmate applies for parole , release to extended supervision, or termination of extended supervision under this subsection, the parole earned release review commission shall make a reasonable attempt to notify the following, if they can be found, in accordance with par. (d):

SB40, s. 3193 Section 3193. 304.06 (1) (d) 1. of the statutes is amended to read:

SB40,1440,8 304.06 (1) (d) 1. The notice under par. (c) shall inform the offices and persons under par. (c) 1. to 3. of the manner in which they may provide written statements under this subsection, shall inform persons under par. (c) 3. of the manner in which they may attend interviews or hearings and make statements under par. (eg) and shall inform persons under par. (c) 3. who are victims, or family members of victims, of crimes specified in s. 940.01, 940.03, 940.05, 940.225 (1) or, (2), or (3), 948.02 (1) or (2), 948.025, 948.06 or 948.07 of the manner in which they may have direct input in the parole decision-making process under par. (em) for parole, release to extended supervision, or termination of extended supervision. The parole earned release review commission shall provide notice under this paragraph for an inmate's first application for parole, release to extended supervision, or termination of extended supervision and, upon request, for subsequent applications for parole.

SB40, s. 3194 Section 3194. 304.06 (1) (e) of the statutes is amended to read:

SB40,1440,16 304.06 (1) (e) The parole earned release review commission shall permit any office or person under par. (c) 1. to 3. to provide written statements. The parole earned release review commission shall give consideration to any written statements provided by any such office or person and received on or before the date specified in the notice. This paragraph does not limit the authority of the parole earned release review commission to consider other statements or information that it receives in a timely fashion.

SB40, s. 3195 Section 3195. 304.06 (1) (eg) of the statutes is amended to read:

SB40,1440,21 304.06 (1) (eg) The parole earned release review commission shall permit any person under par. (c) 3. to attend any interview or hearing on the parole application for parole, release to extended supervision, or termination of extended supervision of an applicable inmate and to make a statement at that interview or hearing.

SB40, s. 3196 Section 3196. 304.06 (1) (em) of the statutes is amended to read:

SB40,1441,3 304.06 (1) (em) The parole earned release review commission shall promulgate rules that provide a procedure to allow any person who is a victim, or a family member of a victim, of a crime specified in s. 940.01, 940.03, 940.05, 940.225 (1) or, (2), or (3), 948.02 (1) or (2), 948.025, 948.06 or 948.07 to have direct input in the parole decision-making process for parole, release to extended supervision, or termination of extended supervision.

SB40, s. 3197 Section 3197. 304.06 (1) (f) of the statutes is amended to read:

SB40,1441,21 304.06 (1) (f) The parole earned release review commission shall design and prepare cards for persons specified in par. (c) 3. to send to the commission. The cards shall have space for these persons to provide their names and addresses, the name of the applicable prisoner and any other information the parole earned release review commission determines is necessary. The parole earned release review commission shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to persons specified in par. (c) 3. These persons may send completed cards to the parole earned release review commission. All commission records or portions of records that relate to mailing addresses of these persons are not subject to inspection or copying under s. 19.35 (1). Before any written statement of a person specified in par. (c) 3. is made a part of the documentary record considered in connection with a parole hearing for parole, release to extended supervision, or termination of extended supervision under this section, the parole earned release review commission shall obliterate from the statement all references to the mailing addresses of the person. A person specified in par. (c) 3. who attends an interview or hearing under par. (eg) may not be required to disclose at the interview or hearing his or her mailing addresses.

SB40, s. 3198 Section 3198. 304.06 (1) (g) of the statutes is amended to read:

SB40,1442,4 304.06 (1) (g) Before a person is released on parole or released to extended supervision under this subsection, the parole earned release review commission shall so notify the municipal police department and the county sheriff for the area where the person will be residing. The notification requirement under this paragraph does not apply if a municipal department or county sheriff submits to the parole earned release review commission a written statement waiving the right to be notified. If applicable, the department shall also comply with s. 304.063.