AB75: Bill Text

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.

AB75, s. 2771 Section 2771. 304.06 (3m) of the statutes is amended to read:

AB75,1414,6 304.06 (3m) If the convicting court is informed by the department that a prisoner on parole or extended supervision has absconded and that the prisoner's whereabouts are unknown, the court may issue a capias for execution by the sheriff.

AB75, s. 2772 Section 2772. 304.071 (1) of the statutes is amended to read:

AB75,1414,24 304.071 (1) The parole earned release review commission may at any time grant a parole or release to extended supervision to any prisoner in any penal institution of this state, or the department may at any time suspend the supervision of any person who is on probation or, parole, or extended supervision to the department, if the prisoner or person on probation or , parole, or extended supervision is eligible for induction into the U.S. armed forces. The suspension of parole, extended supervision, or probation shall be for the duration of his or her service in the armed forces; and the parole, extended supervision, or probation shall again become effective upon his or her discharge from the armed forces in accordance with regulations prescribed by the department. If he or she receives an honorable discharge from the armed forces, the governor may discharge him or her and the discharge has the effect of a pardon. Upon the suspension of parole , extended supervision, or probation by the department, the department shall issue an order setting forth the conditions under which the parole, extended supervision, or probation is suspended, including instructions as to where and when and to whom the paroled person on parole or extended supervision shall report upon discharge from the armed forces.

AB75, s. 2773 Section 2773. 304.09 (1) (a) of the statutes is amended to read:

AB75,1415,2 304.09 (1) (a) "Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.

AB75, s. 2774 Section 2774. 321.62 (11) (a) of the statutes is amended to read:

AB75,1415,9 321.62 (11) (a) No eviction may be made during the period of state active duty in respect to any premises for which the agreed rent does not exceed the amount specified in 50 USC App. 531, occupied chiefly for dwelling purposes by the spouse, children, domestic partner under ch. 770, or other dependents of a service member who is in state active duty, except upon order of a court in an action affecting the right of possession.

AB75, s. 2775 Section 2775. 322.0767 (1) (b) of the statutes is amended to read:

AB75,1415,13 322.0767 (1) (b) The department of health services shall submit all reports a report that are is required under s. 971.14 (5) (b) and that pertain pertains to a person subject to a commitment order under par. (a) to the court-martial.

AB75, s. 2776 Section 2776. 322.0767 (2) (c) of the statutes is amended to read:

AB75,1415,20 322.0767 (2) (c) The court-martial has the same authority as a circuit court has under s. 971.17 (2) to order the department of health services to conduct a predisposition investigation using the procedure in s. 972.15 or a mental examination as provided under s. 971.17 (2) (b), (c), and (e) to assist the court-martial in determining whether to place the person in institutional care or to conditionally release the person.

AB75, s. 2777 Section 2777. 341.085 (2) of the statutes is amended to read:

AB75,1415,25 341.085 (2) The department may shall adopt rules necessary for administration of this section and prescribe ambulance service equipment and standards therefor, except that any ambulance which does not conform to rules adopted by the department may be used until December 30, 1979.

AB75, s. 2778 Section 2778. 341.085 (3) of the statutes is created to read:

AB75,1416,5 341.085 (3) The rules under sub. (2) shall specify the fee to be charged by the department for an ambulance inspection. The department shall credit to the appropriation account under s. 20.395 (5) (dt) all fees collected for inspections of ambulances under this section.

AB75, s. 2779 Section 2779. 341.09 (1) (a) of the statutes is amended to read:

AB75,1416,16 341.09 (1) (a) The department shall issue a temporary operation plates plate as provided under subs. (2), (2m) and (9) and may issue a temporary operation permit or plate for an unregistered vehicle as otherwise provided under this section. Except as provided in par. (b), the permits or plates plate shall contain the date of expiration and sufficient information to identify the vehicle for which and the person to whom it is issued. The department may place the information identifying the vehicle and the person to whom the permit or plate is issued on a separate form. Except as provided in subs. (3) to (5), a temporary operation plate issued under this section is valid for a period of 90 days or until the applicant receives the regular registration plates plate, whichever occurs first.

AB75, s. 2780 Section 2780. 341.09 (1) (b) of the statutes is amended to read:

AB75,1416,25 341.09 (1) (b) The department shall specify by rule the size, color, design, form and specifications of temporary operation plates issued under sub. (2m) or (9) for an automobile or motor truck automobiles or motor trucks having a registered weight of 8,000 pounds or less, and the system to be used to identify the date of issuance of such plates. All temporary operation plates issued under sub. (2m) or (9) for an automobile or motor truck automobiles or motor trucks having a registered weight of 8,000 pounds or less shall contain a registration number numbers composed of letters or numbers.

AB75, s. 2781 Section 2781. 341.09 (2) (a) of the statutes is amended to read:

AB75,1417,6 341.09 (2) (a) Upon request therefor by a person who has made a verifiable application for registration and paid the registration fee, the department shall issue a temporary operation permit or plate if it appears that the person would otherwise be unable to lawfully operate the vehicle pending receipt of the registration plates plate.

AB75, s. 2782 Section 2782. 341.09 (2) (d) of the statutes is amended to read:

AB75,1417,14 341.09 (2) (d) The department may issue a temporary operation plates plate for use on any vehicle except buses, for-hire vehicles and vehicles which are subject to registration under the international registration plan if the state is a party to such plan or vehicles which are subject to registration under s. 341.41 (9). The department shall determine the size, color, design, form and specifications of the plate. The department shall charge a fee of $3 for each temporary operation plate issued under this subsection.

AB75, s. 2783 Section 2783. 341.09 (9) of the statutes is amended to read:

AB75,1417,23 341.09 (9) Notwithstanding any other provision of this section, the department shall issue a temporary operation plate or a temporary permit without charge for an automobile or motor truck having a registered weight of 8,000 pounds or less upon receipt of a complete application accompanied by the required fee for registration of the vehicle, including evidence of any inspection under s. 110.20 when required, if the department does not immediately issue the regular registration plates plate for the vehicle and the department determines that the applicant has not otherwise been issued a temporary operation plate or a temporary permit under this section.

AB75, s. 2784 Section 2784. 341.11 (4) of the statutes is amended to read:

AB75,1418,10 341.11 (4) In the case of a vehicle registered on the basis of gross weight for which a special registration plates have plate has been issued under s. 341.14 (2), (6), (6m) or (6r) or for which a personalized registration plates have plate has been issued under s. 341.145, or any motor bus, motor home, dual purpose motor home, motor truck, truck tractor or road tractor, the certificate of registration shall be displayed in a prominent place in the driver's compartment of the vehicle to which the certificate refers. Any person who operates and any person in whose name the vehicle is registered who consents to the operation of any such vehicle without the certificate of registration being so displayed may be required to forfeit not more than $200.

AB75, s. 2785 Section 2785. 341.12 (1) of the statutes is amended to read:

AB75,1418,18 341.12 (1) The department upon registering a vehicle pursuant to s. 341.25 or 341.30 shall issue and deliver prepaid to the applicant 2 registration plates for an automobile, motor truck, motor bus, school bus, motor home, or dual purpose motor home and one plate for other vehicles. The department upon registering a vehicle pursuant to any other section shall issue one plate unless the department determines that 2 plates will better serve the interests of law enforcement one registration plate.

AB75, s. 2786 Section 2786 . 341.12 (2) of the statutes is amended to read:

AB75,1419,2 341.12 (2) The department shall purchase plates from the Waupun Correctional Institution unless otherwise approved by the governor. Subject to any specific requirements which may be imposed by statute, the department shall determine the size, color and design of any registration plates plate with a view toward making them visible evidence of the period for which the vehicle is registered and the fee class into which the vehicle falls as well as making them the plate a ready means of identifying the specific vehicle or owner for which the plates were plate was issued.

AB75, s. 2787 Section 2787. 341.12 (3) (c) of the statutes is repealed.

AB75, s. 2788 Section 2788. 341.13 (title) of the statutes is amended to read:

AB75,1419,6 341.13 (title) Additional specifications for plate design of certain plates and certificate of title requirements.

AB75, s. 2789 Section 2789. 341.13 (1) (intro.) and (a) of the statutes are consolidated, renumbered 341.13 (1) and amended to read:

AB75,1419,14 341.13 (1) In addition to the matter specified in s. 341.12 (3), registration plates for automobiles registered pursuant to the registration system under s. 341.27, except automobiles registered under s. 341.14 (6r) or 341.145 (1) (c), shall comply with the following specifications: (a) The display the words "America's Dairyland" shall be displayed across either the lower or upper portion of the plate at the discretion of the secretary.

AB75, s. 2790 Section 2790. 341.13 (1) (b) of the statutes is repealed.

AB75, s. 2791 Section 2791. 341.13 (2) of the statutes is amended to read:

AB75,1420,3 341.13 (2) In addition to the matter specified in s. 341.12 (3), the registration plates for For a vehicle registered on the basis of gross weight except a dual purpose motor home or a motor home, motor truck, farm truck, or dual purpose farm truck registered under s. 341.14 (1), (1a), (1m), (1q), (1r) (a), (2), (6m), or (6r) or 341.145 (1) (a), (b), (c), (d), or (e) or a motor truck or dual purpose farm truck registered under s. 341.14 (6) shall indicate the weight class into which the vehicle falls in a manner prescribed by the department. The, the gross weight which that determines the registration fee for a dual purpose motor home or a motor home, motor truck, farm truck, or dual purpose farm truck registered under s. 341.14 (1), (1a), (1m), (1q), (1r) (a), (2), (6m), or (6r) or 341.145 (1) (a), (b), (c), (d), or (e) or a motor truck or dual purpose farm truck registered under s. 341.14 (6) shall be shown on its certificate of registration.

AB75, s. 2792 Section 2792. 341.13 (2r) of the statutes is amended to read: