SB40: Bill Text

SB40,1422,13 301.48 (2) (c) (intro.) The Except as provided in sub. (6) or (7), the department shall have a person tracked using a global positioning system tracking device if all of the following apply:

SB40, s. 3147 Section 3147. 301.48 (2) (c) 2. of the statutes, as created by 2005 Wisconsin Act 431, is repealed and recreated to read:

SB40,1422,17 301.48 (2) (c) 2. On or after January 1, 2008, the department begins supervision of the person under s. 302.25.

SB40, s. 3148 Section 3148. 301.48 (2) (d) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB40,1422,25 301.48 (2) (d) If, on or after July 1, 2007 January 1, 2008, a person is being placed on probation, extended supervision, or parole, or lifetime supervision for committing a sex offense and par. (a) (b) (ag), (ar), (bg), or (c) does not apply, the department may have the person tracked using a global positioning system tracking device as a condition of the person's probation, extended supervision, or parole, or lifetime supervision.

SB40, s. 3149 Section 3149. 301.48 (2m) of the statutes, as created by 2005 Wisconsin Act 431, is repealed.

SB40, s. 3150 Section 3150. 301.48 (3) (a) (intro.) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB40,1423,8 301.48 (3) (a) (intro.) Except as provided in sub. (2m), the The department shall implement a continuous global positioning tracking system tracking to electronically monitor record the whereabouts of persons who are subject to this section. The system shall do all of the following:

SB40, s. 3151 Section 3151. 301.48 (3) (a) 1. of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB40,1423,16 301.48 (3) (a) 1. Use field monitoring equipment that supports cellular communications with as large a coverage area as possible and shall automatically provide allows instantaneous or nearly instantaneous information regarding the whereabouts of a person who is being monitored tracked, including information regarding the person's presence in an exclusion zone established under par. (c) or absence from an inclusion zone established under par. (c).

SB40, s. 3152 Section 3152. 301.48 (3) (a) 3. of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB40,1423,23 301.48 (3) (a) 3. Immediately alert Allow the department and the local law enforcement agency having jurisdiction over the exclusion or inclusion zone to receive an immediate alert if the person stays in any exclusion zone for any longer period than the time needed to travel through the zone to get to another destination or if the person leaves any inclusion zone.

SB40, s. 3153 Section 3153. 301.48 (3) (b) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB40,1424,3 301.48 (3) (b) The department shall contract with a vendor using a competitive process under s. 16.75 to provide global positioning system tracking services and passive positioning system tracking services for purposes of this section.

SB40, s. 3154 Section 3154. 301.48 (3) (c) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB40,1424,14 301.48 (3) (c) For each person who is subject to global positioning system tracking under this section, the department shall create individualized exclusion and inclusion zones for the person, if necessary to protect public safety. In creating exclusion zones, the department shall focus on areas where children congregate, with perimeters of 100 to 250 feet, and on areas where the person has been prohibited from going as a condition of probation, extended supervision, parole, conditional release, or supervised release, or lifetime supervision. In creating inclusion zones for a person on supervised release, the department shall consider s. 980.08 (7) s. 980.08 (9).

SB40, s. 3155 Section 3155. 301.48 (4) (a) 1. of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB40,1424,18 301.48 (4) (a) 1. The cost of global positioning system tracking or passive positioning system tracking for the person.

SB40, s. 3156 Section 3156. 301.48 (4) (b) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB40,1424,25 301.48 (4) (b) If required by the department, a person who is subject to global positioning system tracking or passive positioning system tracking shall pay for the cost of tracking up to the amount calculated for the person under par. (a) 2. The department shall collect moneys paid by the person under this paragraph and credit those moneys to the appropriation under s. 20.410 (1) (gk).

SB40, s. 3157 Section 3157. 301.48 (4) (c) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB40,1425,8 301.48 (4) (c) The department of health and family services shall pay for the cost of tracking a person to whom sub. (2) (a) 4. or 5. or (b) (am) or (bg) applies while the person is on conditional release or supervised release to the extent that the cost is not covered by payments made by the person under par. (b). The department shall collect moneys paid by the department of health and family services under this paragraph and credit those moneys to the appropriation under s. 20.410 (1) (kx).

SB40, s. 3158 Section 3158. 301.48 (6) (title), (a), (b), (c), (d) 1. and 2., (e), (f), (g), (h) and (i) of the statutes, as created by 2005 Wisconsin Act 431, are amended to read:

SB40,1425,16 301.48 (6) (title) Offender's petition to terminate lifetime tracking. (a) Subject to par. (b), a person who is subject to lifetime tracking being tracked under this section may file a petition requesting that lifetime termination of the tracking be terminated. A person shall file a petition requesting termination of lifetime tracking 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.

SB40,1425,19 (b) 1. A person may not file a petition requesting termination of lifetime tracking if he or she has been convicted of a crime that was committed during the period of lifetime tracking.

SB40,1425,24 2. A person may not file a petition requesting termination of lifetime tracking earlier than 20 years after the date on which the period of lifetime tracking began. If a person files a petition requesting termination of lifetime tracking at any time earlier than 20 years after the date on which the period of lifetime tracking began, the court shall deny the petition without a hearing.

SB40,1426,2 3. A person described in sub. (2) (b) (bg) may not file a petition requesting termination of lifetime tracking.

SB40,1426,11 (c) Upon receiving a petition requesting termination of lifetime tracking, the court shall send a copy of the petition to the district attorney responsible for prosecuting the serious sex offense that was the basis for the order of lifetime tracking. Upon receiving the copy of the petition, the district attorney shall conduct a criminal history record search to determine whether the person has been convicted of a criminal offense that was committed during the period of lifetime tracking. No later than 30 days after the date on which he or she receives the copy of the petition, the district attorney shall report the results of the criminal history record search to the court and may provide a written response to the petition.

SB40,1426,14 (d) 1. If the report indicates that the person filing the petition has been convicted of a criminal offense that was committed during the period of lifetime tracking, the court shall deny the person's petition without a hearing.

SB40,1426,19 2. If the report indicates that the person filing the petition has not been convicted of a criminal offense that was committed during the period of lifetime tracking, the court shall order the person to be examined under par. (e), shall notify the department that it may submit a report under par. (f), and shall schedule a hearing on the petition to be conducted as provided under par. (g).

SB40,1427,6 (e) A person filing a petition requesting termination of lifetime tracking who is entitled to a hearing under par. (d) 2. shall be examined by a person who is either a physician or a psychologist licensed under ch. 455 and 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 petitioning for termination of lifetime tracking is 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 person filing the petition and the district attorney. The contents of the report shall be confidential until the physician or psychologist testifies at a hearing under par. (g). The person petitioning for termination of lifetime tracking shall pay the cost of an examination required under this paragraph.

SB40,1427,17 (f) After it receives notification from the court under par. (d) 2., the department may prepare and submit to the court a report concerning a person who has filed a petition requesting termination of lifetime tracking. If the department prepares and submits a report under this paragraph, the report shall include information concerning the person's conduct while on lifetime tracking and an opinion as to whether lifetime tracking of the person is still necessary to protect the public. When a report prepared under this paragraph has been received by the court, the court shall, before the hearing under par. (g), disclose the contents of the report to the attorney for the person who filed the petition and to the district attorney. When the person who filed the petition is not represented by an attorney, the contents shall be disclosed to the person.

SB40,1427,25 (g) A hearing on a petition requesting termination of lifetime tracking may not be conducted until the person filing the petition has been examined and a report of the examination has been filed as provided under par. (e). At the hearing, the court shall take evidence it considers relevant to determining whether lifetime tracking should be continued because the person who filed the petition is a danger to the public. The person who filed the petition and the district attorney may offer evidence relevant to the issue of the person's dangerousness and the continued need for lifetime tracking.

SB40,1428,3 (h) The court may grant a petition requesting termination of lifetime tracking if it determines after a hearing under par. (g) that lifetime tracking is no longer necessary to protect the public.

SB40,1428,7 (i) If a petition requesting termination of lifetime tracking is denied after a hearing under par. (g), the person may not file a subsequent petition requesting termination of lifetime tracking until at least 5 years have elapsed since the most recent petition was denied.

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: