AB879,25,822 304.06 (1) (d) 1. The notice under par. (c) shall inform the offices and persons
23under par. (c) 1. to 3. of the manner in which they may provide written statements
24under this subsection, shall inform persons under par. (c) 3. of the manner in which
25they may attend interviews or hearings and make statements under par. (eg) and

1shall inform persons under par. (c) 3. who are victims, or family members of victims,
2of crimes specified in s. 940.01, 940.03, 940.05, 940.225 (1), (2), or (3) or (2), 948.02
3(1) or (2), 948.025, 948.06 or 948.07 of the manner in which they may have direct
4input in the decision-making process under par. (em) for parole or release to
5extended supervision
. The earned release review parole commission shall provide
6notice under this paragraph for an inmate's first application for parole or release to
7extended supervision
and, upon request, for subsequent applications for parole or
8release to extended supervision
.
AB879, s. 67 9Section 67. 304.06 (1) (d) 2. of the statutes, as affected by 2009 Wisconsin Act
1028
, is amended to read:
AB879,25,1311 304.06 (1) (d) 2. The notice shall be by 1st class mail to an office's or a person's
12last-known address sent at least 3 weeks before the interview or hearing upon the
13application for parole or release to extended supervision.
AB879, s. 68 14Section 68. 304.06 (1) (d) 3m. of the statutes, as affected by 2009 Wisconsin
15Act 28
, is amended to read:
AB879,25,1816 304.06 (1) (d) 3m. If applicable, the notice shall state the manner in which the
17person may have direct input in the decision-making process for parole or release
18to extended supervision
.
AB879, s. 69 19Section 69. 304.06 (1) (d) 4. of the statutes, as affected by 2009 Wisconsin Act
2028
, is amended to read:
AB879,25,2421 304.06 (1) (d) 4. If the notice is for a first application for parole or release to
22extended supervision
, the notice shall inform the offices and persons under par. (c)
231. to 3. that notification of subsequent applications for parole or release to extended
24supervision
will be provided only upon request.
AB879, s. 70
1Section 70. 304.06 (1) (e) of the statutes, as affected by 2009 Wisconsin Act 28,
2is amended to read:
AB879,26,93 304.06 (1) (e) The earned release review parole commission shall permit any
4office or person under par. (c) 1. to 3. to provide written statements. The earned
5release review
parole commission shall give consideration to any written statements
6provided by any such office or person and received on or before the date specified in
7the notice. This paragraph does not limit the authority of the earned release review
8parole commission to consider other statements or information that it receives in a
9timely fashion.
AB879, s. 71 10Section 71. 304.06 (1) (eg) of the statutes, as affected by 2009 Wisconsin Act
1128
, is amended to read:
AB879,26,1512 304.06 (1) (eg) The earned release review parole commission shall permit any
13person under par. (c) 3. to attend any interview or hearing on the application for
14parole or release to extended supervision of an applicable inmate and to make a
15statement at that interview or hearing.
AB879, s. 72 16Section 72. 304.06 (1) (em) of the statutes, as affected by 2009 Wisconsin Act
1728
, is amended to read:
AB879,26,2218 304.06 (1) (em) The earned release review parole commission shall promulgate
19rules that provide a procedure to allow any person who is a victim, or a family
20member of a victim, of a crime specified in s. 940.01, 940.03, 940.05, 940.225 (1), (2),
21or (3)
or (2), 948.02 (1) or (2), 948.025, 948.06 or 948.07 to have direct input in the
22decision-making process for parole or release to extended supervision.
AB879, s. 73 23Section 73. 304.06 (1) (f) of the statutes, as affected by 2009 Wisconsin Act 28,
24is amended to read:
AB879,27,17
1304.06 (1) (f) The earned release review parole commission shall design and
2prepare cards for persons specified in par. (c) 3. to send to the commission. The cards
3shall have space for these persons to provide their names and addresses, the name
4of the applicable prisoner and any other information the earned release review
5parole commission determines is necessary. The earned release review parole
6commission shall provide the cards, without charge, to district attorneys. District
7attorneys shall provide the cards, without charge, to persons specified in par. (c) 3.
8These persons may send completed cards to the earned release review parole
9commission. All commission records or portions of records that relate to mailing
10addresses of these persons are not subject to inspection or copying under s. 19.35 (1).
11Before any written statement of a person specified in par. (c) 3. is made a part of the
12documentary record considered in connection with a parole hearing for parole, or
13release to extended supervision
under this section, the earned release review parole
14commission shall obliterate from the statement all references to the mailing
15addresses of the person. A person specified in par. (c) 3. who attends an interview
16or hearing under par. (eg) may not be required to disclose at the interview or hearing
17his or her mailing addresses.
AB879, s. 74 18Section 74. 304.06 (1) (g) of the statutes, as affected by 2009 Wisconsin Act 28,
19is amended to read:
AB879,28,220 304.06 (1) (g) Before a person is released on parole or released to extended
21supervision
under this subsection, the earned release review parole commission
22shall so notify the municipal police department and the county sheriff for the area
23where the person will be residing. The notification requirement under this
24paragraph does not apply if a municipal department or county sheriff submits to the

1earned release review parole commission a written statement waiving the right to
2be notified. If applicable, the department shall also comply with s. 304.063.
AB879, s. 75 3Section 75. 304.06 (1m) (intro.) of the statutes, as affected by 2009 Wisconsin
4Act 28
, is amended to read:
AB879,28,75 304.06 (1m) (intro.) The earned release review parole commission may waive
6the 25% or 6-month service of sentence requirement under sub. (1) (b) under any of
7the following circumstances:
AB879, s. 76 8Section 76. 304.06 (1q) (b) of the statutes, as affected by 2009 Wisconsin Act
928
, is amended to read:
AB879,28,1510 304.06 (1q) (b) The earned release review parole commission or the department
11may require as a condition of parole that a serious child sex offender undergo
12pharmacological treatment using an antiandrogen or the chemical equivalent of an
13antiandrogen. This paragraph does not prohibit the department from requiring
14pharmacological treatment using an antiandrogen or the chemical equivalent of an
15antiandrogen as a condition of probation.
AB879, s. 77 16Section 77. 304.06 (1q) (c) of the statutes, as affected by 2009 Wisconsin Act
1728
, is amended to read:
AB879,28,2318 304.06 (1q) (c) In deciding whether to grant a serious child sex offender release
19on parole under this subsection, the earned release review parole commission may
20not consider, as a factor in making its decision, that the offender is a proper subject
21for pharmacological treatment using an antiandrogen or the chemical equivalent of
22an antiandrogen or that the offender is willing to participate in pharmacological
23treatment using an antiandrogen or the chemical equivalent of an antiandrogen.
AB879, s. 78 24Section 78. 304.06 (1x) of the statutes, as affected by 2009 Wisconsin Act 28,
25is amended to read:
AB879,29,4
1304.06 (1x) The earned release review parole commission may require as a
2condition of parole that the person is placed in the intensive sanctions program under
3s. 301.048. In that case, the person is in the legal custody of the department under
4that section and is subject to revocation of parole under sub. (3).
AB879, s. 79 5Section 79. 304.06 (2m) (d) of the statutes, as affected by 2009 Wisconsin Act
628
, is amended to read:
AB879,29,97 304.06 (2m) (d) The earned release review parole commission or the
8department shall determine a prisoner's county of residence for the purposes of this
9subsection by doing all of the following:
AB879,29,1310 1. The earned release review parole commission or the department shall
11consider residence as the voluntary concurrence of physical presence with intent to
12remain in a place of fixed habitation and shall consider physical presence as prima
13facie evidence of intent to remain.
AB879,29,1714 2. The earned release review parole commission or the department shall apply
15the criteria for consideration of residence and physical presence under subd. 1. to the
16facts that existed on the date that the prisoner committed the serious sex offense that
17resulted in the sentence the prisoner is serving.
AB879, s. 80 18Section 80. 304.06 (3) of the statutes, as affected by 2009 Wisconsin Act 28,
19is amended to read:
AB879,30,1920 304.06 (3) Every paroled prisoner paroled or released to extended supervision
21remains in the legal custody of the department unless otherwise provided by the
22department. If the department alleges that any condition or rule of parole or
23extended supervision
has been violated by the prisoner, the department may take
24physical custody of the prisoner for the investigation of the alleged violation. If the
25department is satisfied that any condition or rule of parole or extended supervision

1has been violated it shall afford the prisoner such administrative hearings as are
2required by law. Unless waived by the parolee or person on extended supervision,
3the final administrative hearing shall be held before a hearing examiner from the
4division of hearings and appeals in the department of administration who is licensed
5to practice law in this state. The hearing examiner shall enter an order revoking or
6not revoking parole or extended supervision. Upon request by either party, the
7administrator of the division of hearings and appeals shall review the order. The
8hearing examiner may order that a deposition be taken by audiovisual means and
9allow the use of a recorded deposition under s. 967.04 (7) to (10). If the parolee or
10person on extended supervision
waives the final administrative hearing, the
11secretary of corrections shall enter an order revoking or not revoking parole or
12extended supervision
. If the examiner, the administrator upon review, or the
13secretary in the case of a waiver finds that the prisoner has violated the rules or
14conditions of parole or extended supervision, the examiner, the administrator upon
15review, or the secretary in the case of a waiver, may order the prisoner returned to
16prison to continue serving his or her sentence, or to continue on parole or extended
17supervision
. If the prisoner claims or appears to be indigent, the department shall
18refer the prisoner to the authority for indigency determinations specified under s.
19977.07 (1).
AB879, s. 81 20Section 81. 304.06 (3e) of the statutes, as affected by 2009 Wisconsin Act 28,
21is amended to read:
AB879,31,422 304.06 (3e) The division of hearings and appeals in the department of
23administration shall make either an electronic or stenographic record of all
24testimony at each parole or extended supervision revocation hearing. The division
25shall prepare a written transcript of the testimony only at the request of a judge who

1has granted a petition for judicial review of the revocation decision. Each hearing
2notice shall include notice of the provisions of this subsection and a statement that
3any person who wants a written transcript may record the hearing at his or her own
4expense.
AB879, s. 82 5Section 82. 304.06 (3m) of the statutes, as affected by 2009 Wisconsin Act 28,
6is amended to read:
AB879,31,97 304.06 (3m) If the convicting court is informed by the department that a
8prisoner on parole or extended supervision has absconded and that the prisoner's
9whereabouts are unknown, the court may issue a capias for execution by the sheriff.
AB879, s. 83 10Section 83. 304.071 (1) of the statutes, as affected by 2009 Wisconsin Act 28,
11is amended to read:
AB879,32,312 304.071 (1) The earned release review parole commission may at any time
13grant a parole or release to extended supervision to any prisoner in any penal
14institution of this state, or the department may at any time suspend the supervision
15of any person who is on probation, or parole, or extended supervision to the
16department, if the prisoner or person on probation, or parole, or extended
17supervision
is eligible for induction into the U.S. armed forces. The suspension of
18parole, extended supervision, or probation shall be for the duration of his or her
19service in the armed forces; and the parole, extended supervision, or probation shall
20again become effective upon his or her discharge from the armed forces in accordance
21with regulations prescribed by the department. If he or she receives an honorable
22discharge from the armed forces, the governor may discharge him or her and the
23discharge has the effect of a pardon. Upon the suspension of parole , extended
24supervision,
or probation by the department, the department shall issue an order
25setting forth the conditions under which the parole, extended supervision, or

1probation is suspended, including instructions as to where and when and to whom
2the person on parole or extended supervision shall report upon discharge from the
3armed forces.
AB879, s. 84 4Section 84. 801.50 (5) of the statutes, as affected by 2009 Wisconsin Act 28,
5is amended to read:
AB879,32,126 801.50 (5) Venue of an action for certiorari to review a probation, extended
7supervision, or parole revocation, a denial by the earned release review commission
8a program review committee under s. 302.1135 (5) 302.113 (9g) of a petition for
9modification of a bifurcated sentence, or a refusal of parole shall be the county in
10which the relator was last convicted of an offense for which the relator was on
11probation, extended supervision, or parole or for which the relator is currently
12incarcerated.
AB879, s. 85 13Section 85. 809.30 (1) (c) of the statutes, as affected by 2009 Wisconsin Act 28,
14is amended to read:
AB879,32,1915 809.30 (1) (c) "Postconviction relief" means an appeal or a motion for
16postconviction relief in a criminal case, other than an appeal, motion, or petition
17under ss. 302.113 (7m), 302.1135 302.113 (9g), 973.19, 973.195, 974.06, or 974.07 (2).
18In a ch. 980 case, the term means an appeal or a motion for postcommitment relief
19under s. 980.038 (4).
AB879, s. 86 20Section 86. 911.01 (4) (c) of the statutes, as affected by 2009 Wisconsin Act 28,
21is amended to read:
AB879,33,422 911.01 (4) (c) Miscellaneous proceedings. Proceedings for extradition or
23rendition; sentencing, granting or revoking probation, modification of a bifurcated
24sentence under s. 302.1135 302.113 (9g), adjustment of a bifurcated sentence under
25s. 973.195 (1r), release to extended supervision under s. 302.113 (2) (b) or 304.06 (1)

1or discharge under s. 973.01 (4m)
, issuance of arrest warrants, criminal summonses
2and search warrants; hearings under s. 980.09 (2); proceedings under s. 971.14 (1)
3(c); proceedings with respect to pretrial release under ch. 969 except where habeas
4corpus is utilized with respect to release on bail or as otherwise provided in ch. 969.
AB879, s. 87 5Section 87. 950.04 (1v) (f) of the statutes, as affected by 2009 Wisconsin Act
628
, is amended to read:
AB879,33,97 950.04 (1v) (f) To have the earned release review parole commission make a
8reasonable attempt to notify the victim of applications for parole or release to
9extended supervision
, as provided under s. 304.06 (1).
AB879, s. 88 10Section 88. 950.04 (1v) (g) of the statutes, as affected by 2009 Wisconsin Act
1128
, is amended to read:
AB879,33,1412 950.04 (1v) (g) To have reasonable attempts made to notify the victim of
13hearings or court proceedings, as provided under ss. 302.113 (9g) 2., 302.114 (6),
14938.27 (4m) and (6), 938.273 (2), 971.095 (3) and 972.14 (3) (b).
AB879, s. 89 15Section 89. 950.04 (1v) (gm) of the statutes, as affected by 2009 Wisconsin Act
1628
, is amended to read:
AB879,33,2117 950.04 (1v) (gm) To have reasonable attempts made to notify the victim of an
18offender who submits a petition
petitions for sentence adjustment as provided under
19s. 973.195 (1r) (d), an offender who applies for release to extended supervision under
20s. 302.113 (2) (b), 302.1135, or 304.06 (1), or an offender who applies for a reduction
21under s. 973.01 (4m)
.
AB879, s. 90 22Section 90. 950.04 (1v) (nt) of the statutes, as affected by 2009 Wisconsin Act
2328
, is amended to read:
AB879,34,3
1950.04 (1v) (nt) To attend a hearing on a petition for modification of a
2bifurcated sentence and provide a statement concerning modification of the
3sentence, as provided under s. 302.1135 (4) 302.113 (9g) (d).
AB879, s. 91 4Section 91. 973.01 (3d) of the statutes, as affected by 2009 Wisconsin Act 28,
5is repealed.
AB879, s. 92 6Section 92. 973.01 (4) of the statutes, as affected by 2009 Wisconsin Act 28,
7is amended to read:
AB879,34,148 973.01 (4) Extension No good time; extension or reduction of term of
9imprisonment.
A person sentenced to a bifurcated sentence under sub. (1) shall serve
10the term of confinement in prison portion of the sentence without reduction for good
11behavior. The term of confinement in prison portion is subject to extension under s.
12302.113 (3) and, if applicable, to reduction under s. 302.045 (3m), 302.05 (3) (c) 2. a.,
13302.113 (9g), or 973.195 (1r), or adjustment under s. 302.113 (2) (b), 302.1135 (6) (a),
14or 304.06 (1)
.
AB879, s. 93 15Section 93. 973.01 (4m) of the statutes, as affected by 2009 Wisconsin Act 28,
16is repealed.
AB879, s. 94 17Section 94. 973.01 (7) of the statutes, as affected by 2009 Wisconsin Act 28,
18is amended to read:
AB879,34,2319 973.01 (7) Discharge No discharge. The department of corrections shall may
20not
discharge a person who is serving a bifurcated sentence from custody, control and
21supervision when until the person has served the entire bifurcated sentence, as
22modified under sub. (4m) or s. 302.113 (2) (b) or (9h), 302.1135, or 304.06 (1), if
23applicable
.
AB879, s. 95 24Section 95. 973.031 of the statutes, as affected by 2009 Wisconsin Act 28, is
25repealed.
AB879, s. 96
1Section 96. 973.09 (3) (d) of the statutes, as affected by 2009 Wisconsin Act 28,
2is repealed.
AB879, s. 97 3Section 97. 973.195 (1r) (a) of the statutes, as affected by 2009 Wisconsin Act
428
, is amended to read:
AB879,35,115 973.195 (1r) (a) An inmate who is serving a sentence imposed under s. 973.01
6before October 1, 2009, for a crime other than a Class B felony may petition the
7sentencing court to adjust the sentence if the inmate has served at least the
8applicable percentage of the term of confinement in prison portion of the sentence.
9If an inmate is subject to more than one sentence imposed under this section, the
10sentences shall be treated individually for purposes of sentence adjustment under
11this subsection.
AB879, s. 98 12Section 98. 973.195 (1r) (j) of the statutes, as affected by 2009 Wisconsin Act
1328
, is repealed.
AB879, s. 99 14Section 99. 974.07 (4) (b) of the statutes, as affected by 2009 Wisconsin Act 28,
15is amended to read:
AB879,35,2316 974.07 (4) (b) Notwithstanding the limitation on the disclosure of mailing
17addresses from completed information cards submitted by victims under ss. 51.37
18(10) (dx), 301.046 (4) (d), 301.048 (4m) (d), 301.38 (4), 302.105 (4), 304.06 (1) (f),
19304.063 (4), 938.51 (2), 971.17 (6m) (d), and 980.11 (4), the department of corrections,
20the earned release review parole commission, and the department of health services
21shall, upon request, assist clerks of court in obtaining information regarding the
22mailing address of victims for the purpose of sending copies of motions and notices
23of hearings under par. (a).
AB879, s. 100 24Section 100. 976.03 (23) (c) of the statutes, as affected by 2009 Wisconsin Act
2528
, is amended to read:
AB879,36,12
1976.03 (23) (c) The application shall be verified by affidavit, shall be executed
2in duplicate and shall be accompanied by 2 certified copies of the indictment
3returned, or information and affidavit filed, or of the complaint made to a judge,
4stating the offense with which the accused is charged, or of the judgment of
5conviction or of the sentence. The prosecuting officer, earned release review parole
6commission, warden or sheriff may also attach such further affidavits and other
7documents in duplicate as he, she or it deems proper to be submitted with the
8application. One copy of the application, with the action of the governor indicated
9by endorsement thereon, and one of the certified copies of the indictment, complaint,
10information and affidavits, or of the judgment of conviction or of the sentence shall
11be filed in the office of the governor to remain of record in that office. The other copies
12of all papers shall be forwarded with the governor's requisition.
AB879, s. 101 13Section 101. 977.05 (4) (jm) of the statutes, as affected by 2009 Wisconsin Act
1428
, is amended to read:
AB879,36,2015 977.05 (4) (jm) At the request of an inmate determined by the state public
16defender to be indigent or upon referral of the department of corrections a court
17under s. 302.1135 (10) 302.113 (9g) (j), represent the inmate in proceedings for
18modification of a bifurcated sentence under s. 302.1135 before the earned release
19review commission
302.113 (9g) before a program review committee and the
20sentencing court
, if the state public defender determines the case should be pursued.
AB879, s. 102 21Section 102. Nonstatutory provisions.
AB879,36,2222 (1) This act applies to persons who are sentenced on or after December 31, 1999.
AB879,36,2323 (End)
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