Pre-Act, a person who was serving a bifurcated sentence was, with few
exceptions, required to serve the entire confinement portion of his or her sentence
before being released to extended supervision. A person's confinement portion could
have been extended if he or she violated a prison regulation. If a person's
confinement portion was extended for such a violation, the law pre-Act required his
or her extended supervision portion to be reduced so that the total length of the
person's sentence remained unchanged.
The law pre-Act allowed a person who is sentenced to a bifurcated sentence for
a Class C to Class I felony to petition the sentencing court to adjust his or her
sentence and release the person from prison to extended supervision if he or she has
served 85 percent (for Class C to Class E felonies) or 75 percent (for Class F to Class
I felonies) of the confinement portion of the sentence. If a person's confinement
portion was reduced by the sentencing court, the law pre-Act required his or her
extended supervision portion to be extended so that the total length of the person's
sentence remained unchanged. Pre-Act, a person who was released to extended

supervision was required to serve his or her entire sentence before extended
supervision terminated.
The Act eliminates the role of the sentencing court in adjusting sentences and
renamed the Parole Commission the "Earned Release Review Commission" (ERRC).
The Act allows most persons who are incarcerated for a Class C to Class I felony to
earn "positive adjustment time" toward early release from confinement. Under the
Act, the amount of positive adjustment time a person can earn varies depending on
the classification of the felony, the person's history and likelihood of reoffending, and
other factors determined by DOC.
The Act requires DOC to release the person to extended supervision when he
or she serves his entire period of confinement, minus positive adjustment time
earned. Under the Act, if a person's period of confinement is reduced by positive
adjustment time, his or her period of extended supervision is increased so that the
length of the sentence does not change. The Act requires the ERRC to perform the
duties previously performed by the Parole Commission and to review petitions for
early release from confinement.
Pre-Act, persons who had committed most felonies were allowed to petition the
sentencing court for release to extended supervision for the remaining term of his or
her sentence if the person had a terminal condition, reached age 65 after serving at
least five years of his or her term of confinement portion, or reached age 60 after
serving at least ten years of his or her term of confinement portion.
Under the Act, the petition may also be filed by a person with any serious health
condition and must be submitted to ERRC instead of to the sentencing court. In
addition, under the Act, DOC may release to extended supervision any person
serving the confinement portion of a bifurcated sentence if the person is not confined
following a violent offense, the person is believed to be able to live in the community
without assaulting another, and the release will not be more than 12 months before
the date that the person otherwise would be eligible for release to extended
supervision. If DOC releases a person, his or her term of extended supervision must
be extended by the length of time he or she was originally sentenced to confinement
so that the total length of the sentence does not change.
Pre-Act, if a person sentenced to a bifurcated sentence violated any condition
of his or her release to extended supervision, the person's extended supervision was
revoked, he or she was returned to prison, and the Division of Hearings and Appeals
within the Department of Administration or DOC (reviewing authority) made a
recommendation to the court that convicted the person as to how long the person
should remain in prison. After it received the reviewing authority's
recommendation, the court was allowed to order the person to remain in prison for
a period of time that did not exceed the time remaining on his or her bifurcated
sentence.
Under the Act, the reviewing authority determines how long to imprison the
person whose extended supervision is revoked and enters its own order for the person
to remain in prison for a period of time that does not exceed the time remaining on
his or her bifurcated sentence.

This bill eliminates positive adjustment time, restores the Parole Commission,
eliminates the ERRC, and returns the sentencing provisions, the provisions relating
to early release from confinement, and the provisions relating to review of revocation
of release to pre-Act law.
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:
SB697, s. 1 1Section 1. 15.01 (2) of the statutes, as affected by 2009 Wisconsin Act 28, is
2amended to read:
SB697,4,113 15.01 (2) "Commission" means a 3-member governing body in charge of a
4department or independent agency or of a division or other subunit within a
5department, except for the Wisconsin waterways commission which shall consist of
65 members and the earned release review parole commission which shall consist of
78 members. A Wisconsin group created for participation in a continuing interstate
8body, or the interstate body itself, shall be known as a "commission", but is not a
9commission for purposes of s. 15.06. The earned release review parole commission
10created under s. 15.145 (1) shall be known as a "commission", but is not a commission
11for purposes of s. 15.06.
SB697, s. 2 12Section 2. 15.06 (6) of the statutes, as affected by 2009 Wisconsin Act 28, is
13amended to read:
SB697,4,1714 15.06 (6) Quorum. A majority of the membership of a commission constitutes
15a quorum to do business, except that vacancies shall not prevent a commission from
16doing business. This subsection does not apply to the earned release review parole
17commission.
SB697, s. 3 18Section 3. 15.145 (1) of the statutes, as affected by 2009 Wisconsin Act 28, is
19amended to read:
SB697,5,7
115.145 (1) Earned release review Parole commission. There is created in the
2department of corrections an earned release review a parole commission consisting
3of 8 members. Members shall have knowledge of or experience in corrections or
4criminal justice. The members shall include a chairperson who is nominated by the
5governor, and with the advice and consent of the senate appointed, for a 2-year term
6expiring March 1 of the odd-numbered years, subject to removal under s. 17.07 (3m),
7and the remaining members in the classified service appointed by the chairperson.
SB697, s. 4 8Section 4. 17.07 (3m) of the statutes, as affected by 2009 Wisconsin Act 28, is
9amended to read:
SB697,5,1110 17.07 (3m) Notwithstanding sub. (3), the earned release review parole
11commission chairperson may be removed by the governor, at pleasure.
SB697, s. 5 12Section 5. 20.410 (1) (ds) of the statutes, as affected by 2009 Wisconsin Act 28,
13is repealed.
SB697, s. 6 14Section 6. 20.410 (2) (title) of the statutes, as affected by 2009 Wisconsin Act
1528
, is amended to read:
SB697,5,1616 20.410 (2) (title) Earned release review Parole commission.
SB697, s. 7 17Section 7. 20.410 (2) (a) of the statutes, as affected by 2009 Wisconsin Act 28,
18is amended to read:
SB697,5,2019 20.410 (2) (a) General program operations. The amounts in the schedule for
20the general program operations of the earned release review parole commission.
SB697, s. 8 21Section 8. 20.923 (4) (b) 6. of the statutes, as affected by 2009 Wisconsin Act
2228
, is amended to read:
SB697,5,2323 20.923 (4) (b) 6. Earned release review Parole commission: chairperson.
SB697, s. 9 24Section 9. 230.08 (2) (pd) of the statutes, as affected by 2009 Wisconsin Act 28,
25is amended to read:
SB697,6,2
1230.08 (2) (pd) The chairperson of the earned release review parole
2commission.
SB697, s. 10 3Section 10. 301.03 (3) of the statutes, as affected by 2009 Wisconsin Act 28,
4is amended to read:
SB697,6,185 301.03 (3) Administer parole, extended supervision, and probation matters,
6except that the decision to grant or deny parole or to grant extended supervision
7under s. 304.06 (1)
to inmates shall be made by the earned release review parole
8commission and the decision to revoke probation, extended supervision or parole in
9cases in which there is no waiver of the right to a hearing shall be made by the
10division of hearings and appeals in the department of administration. The secretary
11may grant special action parole releases under s. 304.02. The department may
12discharge inmates from extended supervision under s. 973.01 (4m) and may modify
13a bifurcated sentence under s. 302.113 (9h), and the earned release review

14commission may modify a sentence under s. 302.1135. The department shall
15promulgate rules establishing a drug testing program for probationers, parolees and
16persons placed on extended supervision. The rules shall provide for assessment of
17fees upon probationers, parolees and persons placed on extended supervision to
18partially offset the costs of the program.
SB697, s. 11 19Section 11. 301.048 (2) (am) 3. of the statutes, as affected by 2009 Wisconsin
20Act 28
, is amended to read:
SB697,6,2321 301.048 (2) (am) 3. The earned release review parole commission grants him
22or her parole under s. 304.06 and requires his or her participation in the program as
23a condition of parole under s. 304.06 (1x).
SB697, s. 12 24Section 12. 301.068 of the statutes, as affected by 2009 Wisconsin Act 28, is
25repealed.
SB697, s. 13
1Section 13. 301.21 (1m) (c) of the statutes, as affected by 2009 Wisconsin Act
228
, is amended to read:
SB697,7,63 301.21 (1m) (c) Any hearing to consider parole or whether to grant extended
4supervision, if the inmate is sentenced under s. 973.01
to which an inmate confined
5under this contract may be entitled by the laws of Wisconsin will be conducted by the
6Wisconsin earned release review parole commission under rules of the department.
SB697, s. 14 7Section 14. 301.21 (2m) (c) of the statutes, as affected by 2009 Wisconsin Act
828
, is amended to read:
SB697,7,139 301.21 (2m) (c) Any hearing to consider parole or whether to grant extended
10supervision, if the prisoner is sentenced under s. 973.01
to which a prisoner confined
11under a contract under this subsection may be entitled by the laws of Wisconsin shall
12be conducted by the Wisconsin earned release review parole commission under rules
13of the department.
SB697, s. 15 14Section 15. 302.042 of the statutes, as affected by 2009 Wisconsin Act 28, is
15repealed.
SB697, s. 16 16Section 16. 302.045 (1) of the statutes, as affected by 2009 Wisconsin Act 28,
17is amended to read:
SB697,8,818 302.045 (1) Program. The department shall provide a challenge incarceration
19program for inmates selected to participate under sub. (2). The program shall
20provide participants with manual labor, personal development counseling,
21substance abuse treatment and education,
military drill and ceremony, counseling,
22and strenuous physical exercise, for participants who have not attained the age of
2330 as of the date on which they begin participating in the program, or
24age-appropriate strenuous physical exercise, for all other participants, in
25preparation for release on parole or extended supervision. The program shall

1provide, according to each participant's needs as assessed under sub. (2) (d),
2substance abuse treatment and education, including intensive intervention when
3indicated, personal development counseling, education, employment readiness
4training, and other treatment options that are directly related to the participant's
5criminal behavior.
The department shall design the program to include not less than
650 participants at a time and so that a participant may complete the program in not
7more than 180 days. The department may restrict participant privileges as
8necessary to maintain discipline.
SB697, s. 17 9Section 17. 302.045 (2) (d) of the statutes, as affected by 2009 Wisconsin Act
1028
, is repealed and recreated to read:
SB697,8,1211 302.045 (2) (d) The department determines, during assessment and
12evaluation, that the inmate has a substance abuse problem.
SB697, s. 18 13Section 18. 302.045 (3) of the statutes, as affected by 2009 Wisconsin Act 28,
14is amended to read:
SB697,8,2215 302.045 (3) Parole eligibility. Except as provided in sub. (4), if the department
16determines that an inmate serving a sentence other than one imposed under s.
17973.01 has successfully completed the challenge incarceration program, the earned
18release review
parole commission shall parole the inmate for that sentence under s.
19304.06, regardless of the time the inmate has served. When the earned release
20review
parole commission grants parole under this subsection, it must require the
21parolee to participate in an intensive supervision program appropriate to the
22parolee's rehabilitation needs
for drug abusers as a condition of parole.
SB697, s. 19 23Section 19. 302.045 (3m) (d) of the statutes, as affected by 2009 Wisconsin Act
2428
, is repealed.
SB697, s. 20
1Section 20. 302.05 (title) of the statutes, as affected by 2009 Wisconsin Act 28,
2is amended to read:
SB697,9,3 3302.05 (title) Wisconsin earned release substance abuse program.
SB697, s. 21 4Section 21. 302.05 (1) of the statutes, as affected by 2009 Wisconsin Act 28,
5is renumbered 302.05 (1) (am) (intro.) and amended to read:
SB697,9,15 6302.05 Wisconsin earned release program. (1) (am) (intro.) The
7department of corrections shall, at any correctional facility the department
8determines is appropriate, provide a rehabilitation program for inmates for the
9purposes of the earned release program described in sub. (3).
and the department of
10health services may designate a section of a mental health institute as a correctional
11treatment facility for the treatment of substance abuse of inmates transferred from
12Wisconsin state prisons. This section shall be administered by the department of
13corrections and shall be known as the Wisconsin substance abuse program. The
14department of corrections and the department of health services shall ensure that
15the residents at the institution and the residents in the substance abuse program:
SB697, s. 22 16Section 22. 302.05 (1) (am) 1. of the statutes is created to read:
SB697,9,1917 302.05 (1) (am) 1. Have access to all facilities that are available at the
18institution and are necessary for the treatment programs designed by the
19departments.
SB697, s. 23 20Section 23. 302.05 (1) (am) 2. of the statutes is created to read:
SB697,9,2121 302.05 (1) (am) 2. Are housed on separate wards.
SB697, s. 24 22Section 24. 302.05 (1) (b) of the statutes is created to read:
SB697,9,2423 302.05 (1) (b) The department of corrections and the department of health
24services shall, at any correctional facility the departments determine is appropriate,

1provide a substance abuse treatment program for inmates for the purposes of the
2earned release program described in sub. (3).
SB697, s. 25 3Section 25. 302.05 (2) of the statutes, as affected by 2009 Wisconsin Act 28,
4is amended to read:
SB697,10,75 302.05 (2) Transfer to a correctional treatment facility for participation in a
6program described in sub. (1)
the treatment of substance abuse shall be considered
7a transfer under s. 302.18.
SB697, s. 26 8Section 26. 302.05 (3) (b) of the statutes, as affected by 2009 Wisconsin Act 28,
9is amended to read:
SB697,10,1710 302.05 (3) (b) Except as provided in par. (d), if the department determines that
11an eligible inmate serving a sentence other than one imposed under s. 973.01 has
12successfully completed a rehabilitation treatment program described in sub. (1), the
13earned release review parole commission shall parole the inmate for that sentence
14under s. 304.06, regardless of the time the inmate has served. If the earned release
15review
parole commission grants parole under this paragraph, it shall require the
16parolee to participate in an intensive supervision program appropriate to the
17parolee's rehabilitation needs
for drug abusers as a condition of parole.
SB697, s. 27 18Section 27. 302.05 (3) (c) 1. of the statutes, as affected by 2009 Wisconsin Act
1928
, is amended to read:
SB697,10,2420 302.05 (3) (c) 1. Except as provided in par. (d), if the department determines
21that an eligible inmate serving the term of confinement in prison portion of a
22bifurcated sentence imposed under s. 973.01 has successfully completed a
23rehabilitation treatment program described in sub. (1), the department shall inform
24the court that sentenced the inmate.
SB697, s. 28
1Section 28. 302.05 (3) (c) 2. (intro.) of the statutes, as affected by 2009
2Wisconsin Act 28
, is amended to read:
SB697,11,63 302.05 (3) (c) 2. (intro.) Upon being informed by the department under subd.
41. that an inmate whom the court sentenced under s. 973.01 has successfully
5completed a rehabilitation treatment program described in sub. (1), the court shall
6modify the inmate's bifurcated sentence as follows:
SB697, s. 29 7Section 29. 302.05 (3) (c) 3. of the statutes is repealed.
SB697, s. 30 8Section 30. 302.05 (3) (d) of the statutes, as affected by 2009 Wisconsin Act 28,
9is amended to read:
SB697,11,1210 302.05 (3) (d) The department may place intensive sanctions program
11participants in a rehabilitation treatment program described in sub. (1), but pars. (b)
12and (c) do not apply to those participants.
SB697, s. 31 13Section 31. 302.11 (1g) (b) (intro.) of the statutes, as affected by 2009
14Wisconsin Act 28
, is amended to read:
SB697,11,2215 302.11 (1g) (b) (intro.) Before an incarcerated inmate with a presumptive
16mandatory release date reaches the presumptive mandatory release date specified
17under par. (am), the earned release review parole commission shall proceed under
18s. 304.06 (1) to consider whether to deny presumptive mandatory release to the
19inmate. If the earned release review parole commission does not deny presumptive
20mandatory release, the inmate shall be released on parole. The earned release
21review
parole commission may deny presumptive mandatory release to an inmate
22only on one or more of the following grounds:
SB697, s. 32 23Section 32. 302.11 (1g) (b) 2. of the statutes, as affected by 2009 Wisconsin Act
2428
, is amended to read:
SB697,12,7
1302.11 (1g) (b) 2. Refusal by the inmate to participate in counseling or
2treatment that the social service and clinical staff of the institution determines is
3necessary for the inmate, including pharmacological treatment using an
4antiandrogen or the chemical equivalent of an antiandrogen if the inmate is a serious
5child sex offender as defined in s. 304.06 (1q) (a). The earned release review parole
6commission may not deny presumptive mandatory release to an inmate because of
7the inmate's refusal to participate in a rehabilitation program under s. 301.047.
SB697, s. 33 8Section 33. 302.11 (1g) (c) of the statutes, as affected by 2009 Wisconsin Act
928
, is amended to read:
SB697,12,1310 302.11 (1g) (c) If the earned release review parole commission denies
11presumptive mandatory release to an inmate under par. (b), the earned release
12review
parole commission shall schedule regular reviews of the inmate's case to
13consider whether to parole the inmate under s. 304.06 (1).
SB697, s. 34 14Section 34. 302.11 (1g) (d) of the statutes, as affected by 2009 Wisconsin Act
1528
, is amended to read:
SB697,12,1816 302.11 (1g) (d) An inmate may seek review of a decision by the earned release
17review
parole commission relating to the denial of presumptive mandatory release
18only by the common law writ of certiorari.
SB697, s. 35 19Section 35. 302.11 (1m) of the statutes, as affected by 2009 Wisconsin Act 28,
20is amended to read:
SB697,12,2321 302.11 (1m) An inmate serving a life term is not entitled to mandatory release.
22Except as provided in ss. 939.62 (2m) (c) and 973.014, the earned release review
23parole commission may parole the inmate as specified in s. 304.06 (1).
SB697, s. 36 24Section 36. 302.11 (7) (c) of the statutes, as affected by 2009 Wisconsin Act 28,
25is amended to read:
SB697,13,3
1302.11 (7) (c) The earned release review parole commission may subsequently
2parole, under s. 304.06 (1), and the department may subsequently parole, under s.
3304.02, a parolee who is returned to prison for violation of a condition of parole.
SB697, s. 37 4Section 37. 302.113 (1) of the statutes, as affected by 2009 Wisconsin Act 28,
5is amended to read:
SB697,13,166 302.113 (1) An inmate is subject to this section if he or she is serving a
7bifurcated sentence imposed under s. 973.01. An inmate convicted of a misdemeanor
8or of a Class F to Class I felony that is not a violent offense, as defined in s. 301.048
9(2) (bm) 1., and who is eligible for positive adjustment time under sub. (2) (b)
10pursuant to s. 973.01 (3d) (b) may be released to extended supervision under sub. (2)
11(b) or (9h). An inmate convicted of a Class C to Class E felony or a Class F to Class
12I felony that is a violent offense, as defined in s. 301.048 (2) (bm) 1., or a Class F to
13Class I felony that is not a violent offense, as defined under s. 301.048 (2) (bm) 1., but
14who is ineligible for positive adjustment time under sub. (2) (b) pursuant to s. 973.01
15(3d) (b) may be released to extended supervision only under sub. (2) (a) or (9h) or s.
16304.06.
SB697, s. 38 17Section 38. 302.113 (2) (a) of the statutes, as affected by 2009 Wisconsin Act
1828
, is renumbered 302.113 (2) and amended to read:
SB697,13,2519 302.113 (2) Except as provided in par. (b) and subs. (3) and (9) and s. 304.06,
20an inmate subject to this section is entitled to release to extended supervision after
21he or she has served the term of confinement in prison portion of the sentence
22imposed under s. 973.01, as modified by the department under sub. (9h), as modified
23under s. 302.1135 by the
earned release review commission in the manner specified
24in s. 302.1135 (6) (a), or
as modified by the sentencing court under sub. (9g) or s.
25302.045 (3m) (b) 1., 302.05 (3) (c) 2. a., or 973.195 (1r), if applicable.
SB697, s. 39
1Section 39. 302.113 (2) (b) of the statutes, as affected by 2009 Wisconsin Act
228
, is repealed.
SB697, s. 40 3Section 40. 302.113 (2) (c) of the statutes, as affected by 2009 Wisconsin Act
428
, is repealed.
SB697, s. 41 5Section 41. 302.113 (3) (d) of the statutes, as affected by 2009 Wisconsin Act
628
, is amended to read:
SB697,14,107 302.113 (3) (d) If the term of confinement in prison portion of a bifurcated
8sentence for a Class B felony is increased under this subsection, the term of extended
9supervision is reduced so that the total length of the bifurcated sentence does not
10change.
SB697, s. 42 11Section 42. 302.113 (3) (e) of the statutes, as affected by 2009 Wisconsin Act
1228
, is repealed.
SB697, s. 43 13Section 43. 302.113 (7) of the statutes, as affected by 2009 Wisconsin Act 28,
14is amended to read:
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