SB697: Bill Text

SB697, s. 82 Section 82. 304.06 (3m) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB697,31,9 304.06 (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.

SB697, s. 83 Section 83. 304.071 (1) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB697,32,3 304.071 (1) The earned release review parole 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 person on parole or extended supervision shall report upon discharge from the armed forces.

SB697, s. 84 Section 84. 801.50 (5) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB697,32,12 801.50 (5) Venue of an action for certiorari to review a probation, extended supervision, or parole revocation, a denial by the earned release review commission a program review committee under s. 302.1135 (5) 302.113 (9g) of a petition for modification of a bifurcated sentence, or a refusal of parole shall be the county in which the relator was last convicted of an offense for which the relator was on probation, extended supervision, or parole or for which the relator is currently incarcerated.

SB697, s. 85 Section 85. 809.30 (1) (c) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB697,32,19 809.30 (1) (c) "Postconviction relief" means an appeal or a motion for postconviction relief in a criminal case, other than an appeal, motion, or petition under ss. 302.113 (7m), 302.1135 302.113 (9g), 973.19, 973.195, 974.06, or 974.07 (2). In a ch. 980 case, the term means an appeal or a motion for postcommitment relief under s. 980.038 (4).

SB697, s. 86 Section 86. 911.01 (4) (c) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB697,33,4 911.01 (4) (c) Miscellaneous proceedings. Proceedings for extradition or rendition; sentencing, granting or revoking probation, modification of a bifurcated sentence under s. 302.1135 302.113 (9g), adjustment of a bifurcated sentence under s. 973.195 (1r), release to extended supervision under s. 302.113 (2) (b) or 304.06 (1) or discharge under s. 973.01 (4m), issuance of arrest warrants, criminal summonses and search warrants; hearings under s. 980.09 (2); proceedings under s. 971.14 (1) (c); proceedings with respect to pretrial release under ch. 969 except where habeas corpus is utilized with respect to release on bail or as otherwise provided in ch. 969.

SB697, s. 87 Section 87. 950.04 (1v) (f) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB697,33,9 950.04 (1v) (f) To have the earned release review parole commission make a reasonable attempt to notify the victim of applications for parole or release to extended supervision, as provided under s. 304.06 (1).

SB697, s. 88 Section 88. 950.04 (1v) (g) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB697,33,14 950.04 (1v) (g) To have reasonable attempts made to notify the victim of hearings or court proceedings, as provided under ss. 302.113 (9g) 2., 302.114 (6), 938.27 (4m) and (6), 938.273 (2), 971.095 (3) and 972.14 (3) (b).

SB697, s. 89 Section 89. 950.04 (1v) (gm) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB697,33,21 950.04 (1v) (gm) To have reasonable attempts made to notify the victim of an offender who submits a petition petitions for sentence adjustment as provided under s. 973.195 (1r) (d), an offender who applies for release to extended supervision under s. 302.113 (2) (b), 302.1135, or 304.06 (1), or an offender who applies for a reduction under s. 973.01 (4m).

SB697, s. 90 Section 90. 950.04 (1v) (nt) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB697,34,3 950.04 (1v) (nt) To attend a hearing on a petition for modification of a bifurcated sentence and provide a statement concerning modification of the sentence, as provided under s. 302.1135 (4) 302.113 (9g) (d).

SB697, s. 91 Section 91. 973.01 (3d) of the statutes, as affected by 2009 Wisconsin Act 28, is repealed.

SB697, s. 92 Section 92. 973.01 (4) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB697,34,14 973.01 (4) Extension No good time; extension or reduction of term of imprisonment. A person sentenced to a bifurcated sentence under sub. (1) shall serve the term of confinement in prison portion of the sentence without reduction for good behavior. The term of confinement in prison portion is subject to extension under s. 302.113 (3) and, if applicable, to reduction under s. 302.045 (3m), 302.05 (3) (c) 2. a., 302.113 (9g), or 973.195 (1r), or adjustment under s. 302.113 (2) (b), 302.1135 (6) (a), or 304.06 (1).

SB697, s. 93 Section 93. 973.01 (4m) of the statutes, as affected by 2009 Wisconsin Act 28, is repealed.

SB697, s. 94 Section 94. 973.01 (7) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB697,34,23 973.01 (7) Discharge No discharge. The department of corrections shall may not discharge a person who is serving a bifurcated sentence from custody, control and supervision when until the person has served the entire bifurcated sentence, as modified under sub. (4m) or s. 302.113 (2) (b) or (9h), 302.1135, or 304.06 (1), if applicable.

SB697, s. 95 Section 95. 973.031 of the statutes, as affected by 2009 Wisconsin Act 28, is repealed.

SB697, s. 96 Section 96. 973.09 (3) (d) of the statutes, as affected by 2009 Wisconsin Act 28, is repealed.

SB697, s. 97 Section 97. 973.195 (1r) (a) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB697,35,11 973.195 (1r) (a) An inmate who is serving a sentence imposed under s. 973.01 before October 1, 2009, for a crime other than a Class B felony may petition the sentencing court to adjust the sentence if the inmate has served at least the applicable percentage of the term of confinement in prison portion of the sentence. If an inmate is subject to more than one sentence imposed under this section, the sentences shall be treated individually for purposes of sentence adjustment under this subsection.

SB697, s. 98 Section 98. 973.195 (1r) (j) of the statutes, as affected by 2009 Wisconsin Act 28, is repealed.

SB697, s. 99 Section 99. 974.07 (4) (b) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB697,35,23 974.07 (4) (b) Notwithstanding the limitation on the disclosure of mailing addresses from completed information cards submitted by victims under ss. 51.37 (10) (dx), 301.046 (4) (d), 301.048 (4m) (d), 301.38 (4), 302.105 (4), 304.06 (1) (f), 304.063 (4), 938.51 (2), 971.17 (6m) (d), and 980.11 (4), the department of corrections, the earned release review parole commission, and the department of health services shall, upon request, assist clerks of court in obtaining information regarding the mailing address of victims for the purpose of sending copies of motions and notices of hearings under par. (a).

SB697, s. 100 Section 100. 976.03 (23) (c) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB697,36,12 976.03 (23) (c) The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by 2 certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to a judge, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The prosecuting officer, earned release review parole commission, warden or sheriff may also attach such further affidavits and other documents in duplicate as he, she or it deems proper to be submitted with the application. One copy of the application, with the action of the governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, information and affidavits, or of the judgment of conviction or of the sentence shall be filed in the office of the governor to remain of record in that office. The other copies of all papers shall be forwarded with the governor's requisition.

SB697, s. 101 Section 101. 977.05 (4) (jm) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB697,36,20 977.05 (4) (jm) At the request of an inmate determined by the state public defender to be indigent or upon referral of the department of corrections a court under s. 302.1135 (10) 302.113 (9g) (j), represent the inmate in proceedings for modification of a bifurcated sentence under s. 302.1135 before the earned release review commission 302.113 (9g) before a program review committee and the sentencing court, if the state public defender determines the case should be pursued.

SB697, s. 102 Section 102. Nonstatutory provisions.

SB697,36,22 (1) This act applies to persons who are sentenced on or after December 31, 1999.

SB697,36,23 (End)