AB75: Bill Text

AB75, s. 2736 Section 2736. 302.113 (9g) (h) of the statutes is amended to read:

AB75,1401,14 302.113 (9g) (h) An inmate may appeal a court's The department's decision to deny the inmate's petition for modification of his or her bifurcated sentence. The state may appeal a court's decision to grant an inmate's petition for a modification of the inmate's bifurcated sentence under par. (e) may be appealed under s. 227.52. In an appeal under this paragraph, the appellate court may reverse a decision granting or denying a petition for modification of a bifurcated sentence only if it determines that the sentencing court department erroneously exercised its discretion in granting or denying the petition.

AB75, s. 2737 Section 2737. 302.113 (9g) (i) of the statutes is amended to read:

AB75,1401,22 302.113 (9g) (i) If the program review committee denies an inmate's petition under par. (cm), the inmate may not file another petition within one year after the date of the program review committee's denial. If the program review committee approves an inmate's petition for referral to the sentencing court department under par. (cm) but the sentencing court department denies the petition, the inmate may not file another petition under par. (cm) within one year after the date of the court's department's decision.

AB75, s. 2738 Section 2738. 302.113 (9g) (j) of the statutes is amended to read:

AB75,1402,7 302.113 (9g) (j) An inmate eligible to seek modification of his or her bifurcated sentence under this subsection has a right to be represented by counsel in proceedings under this subsection. An inmate, or the department on the inmate's behalf, may apply to the state public defender for determination of indigency and appointment of counsel under s. 977.05 (4) (jm) before or after the filing of a petition with the program review committee under par. (c). If an inmate whose petition has been referred to the court department under par. (cm) is without counsel, the court department shall refer the matter to the state public defender for determination of indigency and appointment of counsel under s. 977.05 (4) (jm).

AB75, s. 2739 Section 2739. 302.113 (9h) of the statutes is created to read:

AB75,1402,11 302.113 (9h) (a) The department may release to extended supervision certain persons serving the confinement portion of a bifurcated sentence using the sentence modification procedure described in this subsection.

AB75,1402,13 (b) The department shall promulgate rules for the determination of whether a bifurcated sentence should be modified under this subsection.

AB75,1402,16 (c) A person who is serving the confinement portion of a bifurcated sentence is eligible for sentence modification under this subsection if all of the following conditions are met:

AB75,1402,18 1. The person is not serving the confinement portion of a bifurcated sentence following a conviction for a felony assaultive crime.

AB75,1402,21 2. The prison social worker or extended supervision agent of record has reason to believe that the person will be able to maintain himself or herself while not confined without engaging in assaultive activity.

AB75,1402,23 3. The release to extended supervision date is not more than 12 months before the person's extended supervision eligibility date.

AB75,1403,2 (d) If the conditions under pars. (b) and (c) are met, the department may modify, in the manner specified under par. (e), the sentence of any person by releasing him or her to extended supervision under this subsection, and, if the department releases the person to extended supervision, the department shall:

AB75,1403,4 1. Notify the office of the court that participated in the trial or that accepted the person's plea of guilty or no contest, whichever is applicable.

AB75,1403,7 2. Notify the office of the district attorney that participated in the trial of the person or that prepared for proceedings under s. 971.08 regarding the person's plea of guilty or no contest, whichever is applicable.

AB75,1403,9 (e) The department may modify a person's bifurcated sentence under this subsection only as follows:

AB75,1403,13 1. The department shall reduce the term of confinement in prison portion of the person's bifurcated sentence in a manner that provides for the release of the person to extended supervision within 30 days after the date on which the department modifies the bifurcated sentence.

AB75,1403,15 2. The department shall lengthen the term of extended supervision imposed so that the total length of the bifurcated sentence originally imposed does not change.

AB75, s. 2740 Section 2740. 302.114 (9) (c) of the statutes is amended to read:

AB75,1403,20 302.114 (9) (c) A person who is subsequently released to extended supervision under par. (bm) is subject to all conditions and rules under sub. (8) until the expiration of the sentence or until the department discharges the person under s. 973.01 (4m), whichever is appropriate.

AB75, s. 2741 Section 2741. 302.46 (1) (a) of the statutes is amended to read:

AB75,1404,9 302.46 (1) (a) If a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5) (2m), or for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations, violations under s. 343.51 (1m) (b), or safety belt use violations under s. 347.48 (2m), the court, in addition, shall impose a jail surcharge under ch. 814 in an amount of 1 percent of the fine or forfeiture imposed or $10, whichever is greater. If multiple offenses are involved, the court shall determine the jail surcharge on the basis of each fine or forfeiture. If a fine or forfeiture is suspended in whole or in part, the court shall reduce the jail surcharge in proportion to the suspension.

AB75, s. 2742 Section 2742. 304.01 (title) of the statutes is amended to read:

AB75,1404,12 304.01 (title) Parole Earned release review commission and commission chairperson; general duties.

AB75, s. 2743 Section 2743. 304.01 (1) of the statutes is amended to read:

AB75,1404,17 304.01 (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 or release to extended supervision, except as provided in s. 304.02.

AB75, s. 2744 Section 2744. 304.01 (2) (intro.) of the statutes is amended to read:

AB75,1404,25 304.01 (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 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:

AB75, s. 2745 Section 2745. 304.01 (2) (b) of the statutes is amended to read:

AB75,1405,4 304.01 (2) (b) Scheduling assistance for parole interviews for prisoners who have applied for parole or release to extended supervision at the correctional institutions.

AB75, s. 2746 Section 2746. 304.01 (2) (c) of the statutes is amended to read:

AB75,1405,7 304.01 (2) (c) Clerical support related to the parole interviews for prisoners who have applied for parole or release to extended supervision.

AB75, s. 2747 Section 2747. 304.01 (2) (d) of the statutes is amended to read:

AB75,1405,11 304.01 (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.

AB75, s. 2748 Section 2748. 304.06 (title) of the statutes is amended to read:

AB75,1405,14 304.06 (title) Paroles Release to parole or extended supervision from state prisons and house of correction.

AB75, s. 2749 Section 2749. 304.06 (1) (a) 1. of the statutes is amended to read:

AB75,1405,17 304.06 (1) (a) 1. "Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.

AB75, s. 2750 Section 2750. 304.06 (1) (b) of the statutes is amended to read:

AB75,1406,10 304.06 (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. 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.

AB75, s. 2751 Section 2751. 304.06 (1) (bg) of the statutes is created to read:

AB75,1406,24 304.06 (1) (bg) 1. A person sentenced under s. 973.01 for a felony that is not a violent offense, as defined in s. 301.048 (2) (bm) 1., and who is ineligible for positive adjustment time under s. 302.113 (2) (b) pursuant to s. 973.01 (3d) (b) or for a Class F to Class I felony that is a violent offense, as defined in s. 301.048 (2) (bm) 1., may earn one day of positive adjustment time for every 3 days served that he or she does not violate any regulation of the prison or does not refuse or neglect to perform required or assigned duties. The person may petition the earned release review commission for release to extended supervision when he or she has served the term of confinement in prison portion of his or her bifurcated sentence, as modified by the sentencing court under s. 302.045 (3m) (b) 1. or 302.05 (3) (c) 2. a. or by the department under s. 302.113 (9g), if applicable, less positive adjustment time he or she has earned. This subdivision does not apply to a person who is the subject of a bulletin issued under s. 301.46 (2m).

AB75,1407,10 2. A person sentenced under s. 973.01 for a Class C to Class E felony may earn one day of positive adjustment time for every 5.7 days served that he or she does not violate any regulation of the prison or does not refuse or neglect to perform required or assigned duties. An inmate convicted of a Class C to Class E felony may petition the earned release review commission for release to extended supervision when he or she has served the term of confinement in prison portion of his or her bifurcated sentence, as modified by the sentencing court under s. 302.045 (3m) (b) 1. or 302.05 (3) (c) 2. a. or by the department under s. 302.113 (9g), if applicable, less positive adjustment time he or she has earned. This subdivision does not apply to a person who is the subject of a bulletin issued under s. 301.46 (2m).

AB75, s. 2752 Section 2752. 304.06 (1) (bn) of the statutes is created to read:

AB75,1407,14 304.06 (1) (bn) The earned release review commission may consider any of the following as a ground for a petition under par. (bg) for release to extended supervision:

AB75,1407,17 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.

AB75,1407,19 2. 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.

AB75,1407,20 3. Sentence adjustment is otherwise in the interests of justice.

AB75, s. 2753 Section 2753. 304.06 (1) (br) of the statutes is created to read:

AB75,1407,23 304.06 (1) (br) The earned release review commission may reduce the term of confinement of a person who petitions under par. (bg) only as follows:

AB75,1408,2 1. 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.

AB75,1408,6 2. 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.

AB75, s. 2754 Section 2754. 304.06 (1) (c) (intro.) of the statutes is amended to read:

AB75,1408,11 304.06 (1) (c) (intro.) If an inmate applies for parole or release to 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):

AB75, s. 2755 Section 2755. 304.06 (1) (d) 1. of the statutes is amended to read:

AB75,1408,24 304.06 (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 or release to extended supervision. The parole earned release review commission shall provide notice under this paragraph for an inmate's first application for parole or release to extended supervision and, upon request, for subsequent applications for parole or release to extended supervision.

AB75, s. 2756 Section 2756. 304.06 (1) (d) 2. of the statutes is amended to read:

AB75,1409,3 304.06 (1) (d) 2. The notice shall be by 1st class mail to an office's or a person's last-known address sent at least 3 weeks before the interview or hearing upon the parole application for parole or release to extended supervision.

AB75, s. 2757 Section 2757. 304.06 (1) (d) 3m. of the statutes is amended to read:

AB75,1409,7 304.06 (1) (d) 3m. If applicable, the notice shall state the manner in which the person may have direct input in the parole decision-making process for parole or release to extended supervision.

AB75, s. 2758 Section 2758. 304.06 (1) (d) 4. of the statutes is amended to read:

AB75,1409,12 304.06 (1) (d) 4. If the notice is for a first application for parole or release to extended supervision, the notice shall inform the offices and persons under par. (c) 1. to 3. that notification of subsequent applications for parole or release to extended supervision will be provided only upon request.

AB75, s. 2759 Section 2759. 304.06 (1) (e) of the statutes is amended to read:

AB75,1409,20 304.06 (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.

AB75, s. 2760 Section 2760. 304.06 (1) (eg) of the statutes is amended to read:

AB75,1409,25 304.06 (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 or release to extended supervision of an applicable inmate and to make a statement at that interview or hearing.

AB75, s. 2761 Section 2761. 304.06 (1) (em) of the statutes is amended to read:

AB75,1410,6 304.06 (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 or release to extended supervision.

AB75, s. 2762 Section 2762. 304.06 (1) (f) of the statutes is amended to read:

AB75,1410,24 304.06 (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, or release to 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.

AB75, s. 2763 Section 2763. 304.06 (1) (g) of the statutes is amended to read:

AB75,1411,7 304.06 (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.

AB75, s. 2764 Section 2764. 304.06 (1m) (intro.) of the statutes is amended to read:

AB75,1411,11 304.06 (1m) (intro.) The parole earned release review commission may waive the 25% or 6-month service of sentence requirement under sub. (1) (b) under any of the following circumstances:

AB75, s. 2765 Section 2765. 304.06 (1q) (b) of the statutes is amended to read:

AB75,1411,18 304.06 (1q) (b) The parole earned release review commission or the department may require as a condition of parole that a serious child sex offender undergo pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen. This paragraph does not prohibit the department from requiring pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen as a condition of probation.

AB75, s. 2766 Section 2766. 304.06 (1q) (c) of the statutes is amended to read:

AB75,1411,25 304.06 (1q) (c) In deciding whether to grant a serious child sex offender release on parole under this subsection, the parole earned release review commission may not consider, as a factor in making its decision, that the offender is a proper subject for pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen or that the offender is willing to participate in pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen.

AB75, s. 2767 Section 2767. 304.06 (1x) of the statutes is amended to read:

AB75,1412,5 304.06 (1x) The parole earned release review commission may require as a condition of parole that the person is placed in the intensive sanctions program under s. 301.048. In that case, the person is in the legal custody of the department under that section and is subject to revocation of parole under sub. (3).

AB75, s. 2768 Section 2768. 304.06 (2m) (d) of the statutes is amended to read:

AB75,1412,9 304.06 (2m) (d) The parole earned release review commission or the department shall determine a prisoner's county of residence for the purposes of this subsection by doing all of the following:

AB75,1412,13 1. The parole earned release review commission or the department shall consider residence as the voluntary concurrence of physical presence with intent to remain in a place of fixed habitation and shall consider physical presence as prima facie evidence of intent to remain.

AB75,1412,17 2. The parole earned release review commission or the department shall apply the criteria for consideration of residence and physical presence under subd. 1. to the facts that existed on the date that the prisoner committed the serious sex offense that resulted in the sentence the prisoner is serving.

AB75, s. 2769 Section 2769. 304.06 (3) of the statutes is amended to read:

AB75,1413,18 304.06 (3) Every paroled prisoner paroled or released to extended supervision remains in the legal custody of the department unless otherwise provided by the department. If the department alleges that any condition or rule of parole or extended supervision has been violated by the prisoner, the department may take physical custody of the prisoner for the investigation of the alleged violation. If the department is satisfied that any condition or rule of parole or extended supervision has been violated it shall afford the prisoner such administrative hearings as are required by law. Unless waived by the parolee or person on extended supervision, the final administrative hearing shall be held before a hearing examiner from the division of hearings and appeals in the department of administration who is licensed to practice law in this state. The hearing examiner shall enter an order revoking or not revoking parole or extended supervision. Upon request by either party, the administrator of the division of hearings and appeals shall review the order. The hearing examiner may order that a deposition be taken by audiovisual means and allow the use of a recorded deposition under s. 967.04 (7) to (10). If the parolee or person on extended supervision waives the final administrative hearing, the secretary of corrections shall enter an order revoking or not revoking parole or extended supervision. If the examiner, the administrator upon review, or the secretary in the case of a waiver finds that the prisoner has violated the rules or conditions of parole or extended supervision, the examiner, the administrator upon review, or the secretary in the case of a waiver, may order the prisoner returned to prison to continue serving his or her sentence, or to continue on parole or extended supervision. If the prisoner claims or appears to be indigent, the department shall refer the prisoner to the authority for indigency determinations specified under s. 977.07 (1).

AB75, s. 2770 Section 2770. 304.06 (3e) of the statutes is amended to read:

AB75,1414,2 304.06 (3e) The division of hearings and appeals in the department of administration shall make either an electronic or stenographic record of all testimony at each parole or extended supervision revocation hearing. The division shall prepare a written transcript of the testimony only at the request of a judge who has granted a petition for judicial review of the revocation decision. Each hearing notice shall include notice of the provisions of this subsection and a statement that any person who wants a written transcript may record the hearing at his or her own expense.