AB329: Bill Text

LRB-2358/2

CMH:nwn:jf

2009 - 2010 LEGISLATURE

2009 Assembly BILL 329

June 23, 2009 - Introduced by Representatives Stone, Hraychuck, A. Ott, Brooks, Suder, Petersen, Kerkman, Smith, LeMahieu, Berceau, Kaufert, Jorgensen, Townsend, Murtha, Vukmir, J. Ott, Zepnick, Bies, Ripp, Petrowski, Nerison, Gunderson, Spanbauer, Turner, Gundrum and Roys, cosponsored by Senators Sullivan, Darling, Lassa, Kapanke, A. Lasee, Schultz, Lazich and Plale. Referred to Committee on Corrections and the Courts.

AB329,1,5 An Act to renumber 302.114 (5) (d); to renumber and amend 302.113 (7); to amend 301.048 (2) (am) 3m. and 302.113 (7m) (a); and to create 302.113 (7) (b), 302.114 (5) (d) 2., 304.06 (1r), 973.01 (5m) and 973.09 (6) of the statutes; relating to: conditions of extended supervision, probation, and parole for persons convicted of certain sex offenses.

Analysis by the Legislative Reference Bureau

Under current law, if a person is under the supervision of the Department of Corrections (DOC) on parole, probation, or extended supervision (release), the person is subject to conditions and rules set by the court or DOC. Under this bill, a person who is on parole, probation, or extended supervision following a conviction for sexual assault, sexual assault of a child, or repeated sexual assault of a child (sex offense) is prohibited as a condition of release from contacting the victim of the sex offense or other persons who have certain relationships with the victim.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB329, s. 1 Section 1. 301.048 (2) (am) 3m. of the statutes is amended to read:

AB329,2,3 301.048 (2) (am) 3m. A court or the department requires his or her participation in the program as a condition of extended supervision under s. 302.113 (7) (a) or 302.114 (5) (d) 1. or (8) or 973.01 (5).

AB329, s. 2 Section 2. 302.113 (7) of the statutes is renumbered 302.113 (7) (a) and amended to read:

AB329,2,12 302.113 (7) (a) Any inmate released to extended supervision under this section is subject to all conditions and rules of extended supervision until the expiration of the term of extended supervision portion of the bifurcated sentence. The department may set conditions of extended supervision in addition to any conditions of extended supervision required under s. 302.116, if applicable, or set by the court under sub. (7m) or s. 973.01 (5) or (5m) (b) if the conditions set by the department do not conflict with the court's conditions.

AB329, s. 3 Section 3. 302.113 (7) (b) of the statutes is created to read:

AB329,2,19 302.113 (7) (b) If an inmate being released to extended supervision would have been subject to the condition of extended supervision under s. 973.01 (5m) (b) had he or she been sentenced on or after the effective date of this paragraph .... [LRB inserts date], the department shall set as a condition of extended supervision a condition identical to that under s. 973.01 (5m) (b). A petition may be filed as described under s. 973.01 (5m) (c) to remove the condition.

AB329, s. 4 Section 4. 302.113 (7m) (a) of the statutes is amended to read:

AB329,2,24 302.113 (7m) (a) Except as provided in par. (e), sub. (7) (b), and ss. 302.114 (5) (d) 2. and 973.01 (5m) (c), a person subject to this section or the department may petition the sentencing court to modify any conditions of extended supervision set by the court.

AB329, s. 5 Section 5. 302.114 (5) (d) of the statutes is renumbered 302.114 (5) (d) 1.

AB329, s. 6 Section 6. 302.114 (5) (d) 2. of the statutes is created to read:

AB329,3,7 302.114 (5) (d) 2. If the court grants the inmate's petition for release to extended supervision, the court shall, if the inmate would have been subject to the condition of extended supervision under s. 973.01 (5m) (b) had he or she been sentenced on or after the effective date of this subdivision .... [LRB inserts date], set as a condition of extended supervision a condition identical to that under s. 973.01 (5m) (b). A petition may be filed as described under s. 973.01 (5m) (c) to remove the condition.

AB329, s. 7 Section 7. 304.06 (1r) of the statutes is created to read:

AB329,3,9 304.06 (1r) (a) In this subsection:

AB329,3,10 1. "Contact" has the meaning given in s. 973.01 (5m) (a) 1.

AB329,3,11 2. "Protected person" has the meaning given in s. 973.01 (5m) (a) 3.

AB329,3,15 (b) If parole is granted following a violation of s. 940.225 (1), (2), or (3), 948.02 (1) or (2), or 948.025, the parole commission shall, unless a petition has been granted under par. (c) 2., prohibit the parolee, as a condition of parole, from doing any of the following:

AB329,3,16 1. Contacting the victim or any protected person.

AB329,3,20 2. Being within a specified distance of the residence, place of employment, or school of the victim or protected person, any other fixed location to minimize contact with the victim or protected person, as determined by the parole commission, or any other location temporarily occupied by the victim or protected person.

AB329,3,21 3. Conducting an Internet search on the victim or any protected person.

AB329,3,23 4. Causing another person other than a law enforcement officer to contact the victim or any protected person.

AB329,4,2 (c) 1. If a parolee is subject to a condition imposed under par. (b), the victim of the violation may file, with the circuit court for the county in which the parolee was convicted or with the parole commission, a petition, at any time before or during the parole period, requesting that the condition be eliminated.

AB329,4,5 2. Upon receiving a petition under subd. 1., the court or the parole commission, whichever is appropriate, shall grant the petition if it determines that granting the petition does not pose a risk to public safety.

AB329,4,8 3. If the petition is not granted under subd. 2., the victim who filed the petition may not file another petition under subd. 1. regarding that parolee until 5 years have elapsed since the petition was denied.

AB329, s. 8 Section 8. 973.01 (5m) of the statutes is created to read:

AB329,4,11 973.01 (5m) Extended supervision conditions for sexual assault. (a) In this subsection:

AB329,4,12 1. "Contact" means call, e-mail, mail, or fax.

AB329,4,13 2. "Dating relationship" has the meaning given in s. 813.12 (1) (ag).

AB329,4,17 3. "Protected person" means a spouse, sibling, parent, child, grandparent, or grandchild of the victim; any employer of the victim; any individual with whom the victim has a child in common; any individual with whom the victim has or has had a dating relationship; and any individual who is part of the victim's household.

AB329,4,21 (b) Whenever the court imposes a bifurcated sentence under sub. (1) for a violation of s. 940.225 (1), (2), or (3), 948.02 (1) or (2), or 948.025, the court shall, except as provided in par. (c), prohibit the person, as a condition of extended supervision, from doing any of the following:

AB329,4,22 1. Contacting the victim or any protected person.

AB329,5,2 2. Being within a specified distance of the residence, place of employment, or school of the victim or protected person, any other fixed location to minimize contact with the victim or protected person, as determined by the court, or any other location temporarily occupied by the victim or protected person.

AB329,5,3 3. Conducting an Internet search on the victim or any protected person.

AB329,5,5 4. Causing another person other than a law enforcement officer to contact the victim or any protected person.

AB329,5,10 (c) 1. If a person is subject to a condition imposed under par. (b) or s. 302.113 (7) (b) or 302.114 (5) (d) 2., the victim of the violation may file, with the circuit court for the county in which the person was convicted or with the department, a petition, at any time before or during the person's sentence, requesting that the condition be eliminated.

AB329,5,13 2. Upon receiving a petition under subd. 1., the court or the department, whichever is appropriate, shall grant the petition if it determines that granting the petition does not pose a risk to public safety.

AB329,5,16 3. If the petition is not granted under subd. 2., the victim who filed the petition may not file another petition under subd. 1. regarding that person until 5 years have elapsed since the petition was denied.

AB329, s. 9 Section 9. 973.09 (6) of the statutes is created to read:

AB329,5,18 973.09 (6) (a) In this subsection: