SB697: Bill Text

SB697,16,20 302.113 (9g) (a) In this subsection:

SB697,16,23 1. "Program review committee" means the committee at a correctional institution that reviews the security classifications, institution assignments, and correctional programming assignments of inmates confined in the institution.

SB697,17,3 2. "Terminal condition" means an incurable condition afflicting a person, caused by injury, disease, or illness, as a result of which the person has a medical prognosis that his or her life expectancy is 6 months or less, even with available life-sustaining treatment provided in accordance with the prevailing standard of medical care.

SB697,17,6 (b) An inmate who is serving a bifurcated sentence for a crime other than a Class B felony may seek modification of the bifurcated sentence in the manner specified in par. (f) if he or she meets one of the following criteria:

SB697,17,8 1. The inmate is 65 years of age or older and has served at least 5 years of the term of confinement in prison portion of the bifurcated sentence.

SB697,17,10 2. The inmate is 60 years of age or older and has served at least 10 years of the term of confinement in prison portion of the bifurcated sentence.

SB697,17,11 3. The inmate has a terminal condition.

SB697,17,17 (c) An inmate who meets the criteria under par. (b) may submit a petition to the program review committee at the correctional institution in which the inmate is confined requesting a modification of the inmate's bifurcated sentence in the manner specified in par. (f). If the inmate alleges in the petition that he or she has a terminal condition, the inmate shall attach to the petition affidavits from 2 physicians setting forth a diagnosis that the inmate has a terminal condition.

SB697,18,2 (cm) If, after receiving the petition under par. (c), the program review committee determines that the public interest would be served by a modification of the inmate's bifurcated sentence in the manner provided under par. (f), the committee shall approve the petition for referral to the sentencing court and notify the department of its approval. The department shall then refer the inmate's petition to the sentencing court and request the court to conduct a hearing on the petition. If the program review committee determines that the public interest would not be served by a modification of the inmate's bifurcated sentence in the manner specified in par. (f), the committee shall deny the inmate's petition.

SB697,18,13 (d) When a court is notified by the department that it is referring to the court an inmate's petition for modification of the inmate's bifurcated sentence, the court shall set a hearing to determine whether the public interest would be served by a modification of the inmate's bifurcated sentence in the manner specified in par. (f). The inmate and the district attorney have the right to be present at the hearing, and any victim of the inmate's crime has the right to be present at the hearing and to provide a statement concerning the modification of the inmate's bifurcated sentence. The court shall order such notice of the hearing date as it considers adequate to be given to the department, the inmate, the attorney representing the inmate, if applicable, and the district attorney. Victim notification shall be provided as specified under par. (g).

SB697,18,22 (e) At a hearing scheduled under par. (d), the inmate has the burden of proving by the greater weight of the credible evidence that a modification of the bifurcated sentence in the manner specified in par. (f) would serve the public interest. If the inmate proves that a modification of the bifurcated sentence in the manner specified in par. (f) would serve the public interest, the court shall modify the inmate's bifurcated sentence in that manner. If the inmate does not prove that a modification of the bifurcated sentence in the manner specified in par. (f) would serve the public interest, the court shall deny the inmate's petition for modification of the bifurcated sentence.

SB697,18,24 (f) A court may modify an inmate's bifurcated sentence under this section only as follows:

SB697,19,4 1. The court shall reduce the term of confinement in prison portion of the inmate's bifurcated sentence in a manner that provides for the release of the inmate to extended supervision within 30 days after the date on which the court issues its order modifying the bifurcated sentence.

SB697,19,6 2. The court shall lengthen the term of extended supervision imposed so that the total length of the bifurcated sentence originally imposed does not change.

SB697,19,7 (g) 1. In this paragraph, "victim" has the meaning given in s. 950.02 (4).

SB697,19,16 2. When a court sets a hearing date under par. (d), the clerk of the circuit court shall send a notice of hearing to the victim of the crime committed by the inmate, if the victim has submitted a card under subd. 3. requesting notification. The notice shall inform the victim that he or she may appear at the hearing scheduled under par. (d) and shall inform the victim of the manner in which he or she may provide a statement concerning the modification of the inmate's bifurcated sentence in the manner provided in par. (f). The clerk of the circuit court shall make a reasonable attempt to send the notice of hearing to the last-known address of the inmate's victim, postmarked at least 10 days before the date of the hearing.

SB697,20,2 3. The director of state courts shall design and prepare cards for a victim to send to the clerk of the circuit court for the county in which the inmate was convicted and sentenced. The cards shall have space for a victim to provide his or her name and address, the name of the applicable inmate, and any other information that the director of state courts determines is necessary. The director of state courts shall provide the cards, without charge, to clerks of circuit court. Clerks of circuit court shall provide the cards, without charge, to victims. Victims may send completed cards to the clerk of the circuit court for the county in which the inmate was convicted and sentenced. All court records or portions of records that relate to mailing addresses of victims are not subject to inspection or copying under s. 19.35 (1).

SB697,20,9 (h) An inmate may appeal a court'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. 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 erroneously exercised its discretion in granting or denying the petition.

SB697,20,15 (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 under par. (cm) but the sentencing court denies the petition, the inmate may not file another petition under par. (cm) within one year after the date of the court's decision.

SB697,20,24 (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 under par. (cm) is without counsel, the court shall refer the matter to the state public defender for determination of indigency and appointment of counsel under s. 977.05 (4) (jm).

SB697, s. 49 Section 49. 302.113 (9h) of the statutes, as affected by 2009 Wisconsin Act 28, is repealed.

SB697, s. 50 Section 50. 302.1135 of the statutes, as affected by 2009 Wisconsin Act 28, is repealed.

SB697, s. 51 Section 51. 302.114 (9) (am) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB697,21,16 302.114 (9) (am) If a person released to extended supervision under this section or under s. 302.1135 302.113 (9g) violates a condition of extended supervision, the reviewing authority may revoke the extended supervision of the person. If the extended supervision of the person is revoked, the person shall be returned to the circuit court for the county in which the person was convicted of the offense for which he or she was on extended supervision, and the court shall order the person to be returned to prison for a specified period of time before he or she is eligible for being released again to extended supervision. The period of time specified under this paragraph may not be less than 5 years and may be extended in accordance with sub. (3).

SB697, s. 52 Section 52. 302.114 (9) (c) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB697,21,22 302.114 (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.

SB697, s. 53 Section 53. 304.01 (title) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB697,22,2 304.01 (title) Earned release review Parole commission and commission chairperson; general duties.

SB697, s. 54 Section 54. 304.01 (1) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB697,22,8 304.01 (1) The chairperson of the earned release review parole 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.

SB697, s. 55 Section 55. 304.01 (2) (intro.) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB697,22,17 304.01 (2) (intro.) The earned release review parole 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 earned release review parole commission:

SB697, s. 56 Section 56. 304.01 (2) (b) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB697,22,22 304.01 (2) (b) Scheduling assistance for parole interviews for prisoners who have applied for parole or release to extended supervision at the correctional institutions.

SB697, s. 57 Section 57. 304.01 (2) (c) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB697,23,2 304.01 (2) (c) Clerical support related to the interviews for prisoners who have applied for parole or release to extended supervision.

SB697, s. 58 Section 58. 304.01 (2) (d) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB697,23,7 304.01 (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.

SB697, s. 59 Section 59. 304.06 (title) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB697,23,11 304.06 (title) Release to parole or extended supervision Paroles from state prisons and house of correction.

SB697, s. 60 Section 60. 304.06 (1) (b) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB697,24,5 304.06 (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 earned release review parole 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 earned release review parole 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 earned release review parole 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.

SB697, s. 61 Section 61. 304.06 (1) (bg) of the statutes, as affected by 2009 Wisconsin Act 28, is repealed.

SB697, s. 62 Section 62. 304.06 (1) (bk) of the statutes, as affected by 2009 Wisconsin Act 28, is repealed.

SB697, s. 63 Section 63. 304.06 (1) (bn) of the statutes, as affected by 2009 Wisconsin Act 28, is repealed.

SB697, s. 64 Section 64. 304.06 (1) (br) of the statutes, as affected by 2009 Wisconsin Act 28, is repealed.

SB697, s. 65 Section 65. 304.06 (1) (c) (intro.) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB697,24,19 304.06 (1) (c) (intro.) If an inmate applies for parole or release to extended supervision under this subsection, the earned release review parole commission shall make a reasonable attempt to notify the following, if they can be found, in accordance with par. (d):

SB697, s. 66 Section 66. 304.06 (1) (d) 1. of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB697,25,8 304.06 (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), (2), or (3) or (2), 948.02 (1) or (2), 948.025, 948.06 or 948.07 of the manner in which they may have direct input in the decision-making process under par. (em) for parole or release to extended supervision. The earned release review parole 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.

SB697, s. 67 Section 67. 304.06 (1) (d) 2. of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB697,25,13 304.06 (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 application for parole or release to extended supervision.

SB697, s. 68 Section 68. 304.06 (1) (d) 3m. of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB697,25,18 304.06 (1) (d) 3m. If applicable, the notice shall state the manner in which the person may have direct input in the decision-making process for parole or release to extended supervision.

SB697, s. 69 Section 69. 304.06 (1) (d) 4. of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB697,25,24 304.06 (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.

SB697, s. 70 Section 70. 304.06 (1) (e) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB697,26,9 304.06 (1) (e) The earned release review parole commission shall permit any office or person under par. (c) 1. to 3. to provide written statements. The earned release review parole 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 earned release review parole commission to consider other statements or information that it receives in a timely fashion.

SB697, s. 71 Section 71. 304.06 (1) (eg) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB697,26,15 304.06 (1) (eg) The earned release review parole commission shall permit any person under par. (c) 3. to attend any interview or hearing on the application for parole or release to extended supervision of an applicable inmate and to make a statement at that interview or hearing.

SB697, s. 72 Section 72. 304.06 (1) (em) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB697,26,22 304.06 (1) (em) The earned release review parole 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), (2), or (3) or (2), 948.02 (1) or (2), 948.025, 948.06 or 948.07 to have direct input in the decision-making process for parole or release to extended supervision.

SB697, s. 73 Section 73. 304.06 (1) (f) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB697,27,17 304.06 (1) (f) The earned release review parole 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 earned release review parole commission determines is necessary. The earned release review parole 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 earned release review parole 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 earned release review parole 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.

SB697, s. 74 Section 74. 304.06 (1) (g) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB697,28,2 304.06 (1) (g) Before a person is released on parole or released to extended supervision under this subsection, the earned release review parole 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 earned release review parole commission a written statement waiving the right to be notified. If applicable, the department shall also comply with s. 304.063.

SB697, s. 75 Section 75. 304.06 (1m) (intro.) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB697,28,7 304.06 (1m) (intro.) The earned release review parole commission may waive the 25% or 6-month service of sentence requirement under sub. (1) (b) under any of the following circumstances:

SB697, s. 76 Section 76. 304.06 (1q) (b) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB697,28,15 304.06 (1q) (b) The earned release review parole 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.

SB697, s. 77 Section 77. 304.06 (1q) (c) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB697,28,23 304.06 (1q) (c) In deciding whether to grant a serious child sex offender release on parole under this subsection, the earned release review parole 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.

SB697, s. 78 Section 78. 304.06 (1x) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB697,29,4 304.06 (1x) The earned release review parole 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).

SB697, s. 79 Section 79. 304.06 (2m) (d) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB697,29,9 304.06 (2m) (d) The earned release review parole commission or the department shall determine a prisoner's county of residence for the purposes of this subsection by doing all of the following:

SB697,29,13 1. The earned release review parole 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.

SB697,29,17 2. The earned release review parole 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.

SB697, s. 80 Section 80. 304.06 (3) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB697,30,19 304.06 (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).

SB697, s. 81 Section 81. 304.06 (3e) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB697,31,4 304.06 (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.

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: