AB40,1107,624 302.045 (3) Parole eligibility. Except as provided in sub. (4), if the department
25determines that an inmate serving a sentence other than one imposed under s.

1973.01 has successfully completed the challenge incarceration program, the earned
2release review
parole commission shall parole the inmate for that sentence under s.
3304.06, regardless of the time the inmate has served. When the earned release
4review
parole commission grants parole under this subsection, it must require the
5parolee to participate in an intensive supervision program appropriate to the
6parolee's rehabilitation needs
for drug abusers as a condition of parole.
AB40, s. 3020 7Section 3020. 302.045 (3m) (d) of the statutes is repealed.
AB40, s. 3021 8Section 3021. 302.05 (title) of the statutes is amended to read:
AB40,1107,9 9302.05 (title) Wisconsin earned release substance abuse program.
AB40, s. 3022 10Section 3022. 302.05 (1) of the statutes is renumbered 302.05 (1) (am) (intro.)
11and amended to read:
AB40,1107,2112 302.05 (1) (am) (intro.) The department of corrections shall, at any correctional
13facility the department determines is appropriate, provide a rehabilitation program
14for inmates for the purposes of the earned release program described in sub. (3).
and
15the department of health services may designate a section of a mental health
16institute as a correctional treatment facility for the treatment of substance abuse of
17inmates transferred from Wisconsin state prisons. This section shall be
18administered by the department of corrections and shall be known as the Wisconsin
19substance abuse program. The department of corrections and the department of
20health services shall ensure that the residents at the institution and the residents
21in the substance abuse program:
AB40, s. 3023 22Section 3023. 302.05 (1) (am) 1. of the statutes is created to read:
AB40,1107,2523 302.05 (1) (am) 1. Have access to all facilities that are available at the
24institution and are necessary for the treatment programs designed by the
25departments.
AB40, s. 3024
1Section 3024. 302.05 (1) (am) 2. of the statutes is created to read:
AB40,1108,22 302.05 (1) (am) 2. Are housed on separate wards.
AB40, s. 3025 3Section 3025. 302.05 (1) (b) of the statutes is created to read:
AB40,1108,74 302.05 (1) (b) The department of corrections and the department of health
5services shall, at any correctional facility the departments determine is appropriate,
6provide a substance abuse treatment program for inmates for the purposes of the
7earned release program described in sub. (3).
AB40, s. 3026 8Section 3026. 302.05 (2) of the statutes is amended to read:
AB40,1108,119 302.05 (2) Transfer to a correctional treatment facility for participation in a
10program described in sub. (1)
the treatment of substance abuse shall be considered
11a transfer under s. 302.18.
AB40, s. 3027 12Section 3027. 302.05 (3) (b) of the statutes is amended to read:
AB40,1108,2013 302.05 (3) (b) Except as provided in par. (d), if the department determines that
14an eligible inmate serving a sentence other than one imposed under s. 973.01 has
15successfully completed a rehabilitation treatment program described in sub. (1), the
16earned release review parole commission shall parole the inmate for that sentence
17under s. 304.06, regardless of the time the inmate has served. If the earned release
18review
parole commission grants parole under this paragraph, it shall require the
19parolee to participate in an intensive supervision program appropriate to the
20parolee's rehabilitation needs
for drug abusers as a condition of parole.
AB40, s. 3028 21Section 3028. 302.05 (3) (c) 1. of the statutes is amended to read:
AB40,1109,222 302.05 (3) (c) 1. Except as provided in par. (d), if the department determines
23that an eligible inmate serving the term of confinement in prison portion of a
24bifurcated sentence imposed under s. 973.01 has successfully completed a

1rehabilitation treatment program described in sub. (1), the department shall inform
2the court that sentenced the inmate.
AB40, s. 3029 3Section 3029. 302.05 (3) (c) 2. (intro.) of the statutes, is amended to read:
AB40,1109,74 302.05 (3) (c) 2. (intro.) Upon being informed by the department under subd.
51. that an inmate whom the court sentenced under s. 973.01 has successfully
6completed a rehabilitation treatment program described in sub. (1), the court shall
7modify the inmate's bifurcated sentence as follows:
AB40, s. 3030 8Section 3030. 302.05 (3) (c) 3. of the statutes is repealed.
AB40, s. 3031 9Section 3031. 302.05 (3) (d) of the statutes is amended to read:
AB40,1109,1210 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.
AB40, s. 3032 13Section 3032. 302.11 (1g) (b) (intro.) of the statutes is amended to read:
AB40,1109,2114 302.11 (1g) (b) (intro.) Before an incarcerated inmate with a presumptive
15mandatory release date reaches the presumptive mandatory release date specified
16under par. (am), the earned release review parole commission shall proceed under
17s. 304.06 (1) to consider whether to deny presumptive mandatory release to the
18inmate. If the earned release review parole commission does not deny presumptive
19mandatory release, the inmate shall be released on parole. The earned release
20review
parole commission may deny presumptive mandatory release to an inmate
21only on one or more of the following grounds:
AB40, s. 3033 22Section 3033. 302.11 (1g) (b) 2. of the statutes is amended to read:
AB40,1110,423 302.11 (1g) (b) 2. Refusal by the inmate to participate in counseling or
24treatment that the social service and clinical staff of the institution determines is
25necessary for the inmate, including pharmacological treatment using an

1antiandrogen or the chemical equivalent of an antiandrogen if the inmate is a serious
2child sex offender as defined in s. 304.06 (1q) (a). The earned release review parole
3commission may not deny presumptive mandatory release to an inmate because of
4the inmate's refusal to participate in a rehabilitation program under s. 301.047.
AB40, s. 3034 5Section 3034. 302.11 (1g) (c) of the statutes is amended to read:
AB40,1110,96 302.11 (1g) (c) If the earned release review parole commission denies
7presumptive mandatory release to an inmate under par. (b), the earned release
8review
parole commission shall schedule regular reviews of the inmate's case to
9consider whether to parole the inmate under s. 304.06 (1).
AB40, s. 3035 10Section 3035. 302.11 (1g) (d) of the statutes is amended to read:
AB40,1110,1311 302.11 (1g) (d) An inmate may seek review of a decision by the earned release
12review
parole commission relating to the denial of presumptive mandatory release
13only by the common law writ of certiorari.
AB40, s. 3036 14Section 3036. 302.11 (1m) of the statutes is amended to read:
AB40,1110,1715 302.11 (1m) An inmate serving a life term is not entitled to mandatory release.
16Except as provided in ss. 939.62 (2m) (c) and 973.014, the earned release review
17parole commission may parole the inmate as specified in s. 304.06 (1).
AB40, s. 3037 18Section 3037. 302.11 (7) (c) of the statutes is amended to read:
AB40,1110,2119 302.11 (7) (c) The earned release review parole commission may subsequently
20parole, under s. 304.06 (1), and the department may subsequently parole, under s.
21304.02, a parolee who is returned to prison for violation of a condition of parole.
AB40, s. 3038 22Section 3038. 302.113 (1) of the statutes is amended to read:
AB40,1111,823 302.113 (1) An inmate is subject to this section if he or she is serving a
24bifurcated sentence imposed under s. 973.01. An inmate convicted of a misdemeanor
25or of a Class F to Class I felony that is not a violent offense, as defined in s. 301.048

1(2) (bm) 1., and who is eligible for positive adjustment time under sub. (2) (b)
2pursuant to s. 973.01 (3d) (b) may be released to extended supervision under sub. (2)
3(b) or (9h). An inmate convicted of a Class C to Class E felony or a Class F to Class
4I felony that is a violent offense, as defined in s. 301.048 (2) (bm) 1., or a Class F to
5Class I felony that is not a violent offense, as defined under s. 301.048 (2) (bm) 1., but
6who is ineligible for positive adjustment time under sub. (2) (b) pursuant to s. 973.01
7(3d) (b) may be released to extended supervision only under sub. (2) (a) or (9h) or s.
8304.06.
AB40, s. 3039 9Section 3039. 302.113 (2) (a) of the statutes is renumbered 302.113 (2) and
10amended to read:
AB40,1111,1711 302.113 (2) Except as provided in par. (b) and subs. (3) and (9) and s. 304.06,
12an inmate subject to this section is entitled to release to extended supervision after
13he or she has served the term of confinement in prison portion of the sentence
14imposed under s. 973.01, as modified by the department under sub. (9h), as modified
15under s. 302.1135 by the
earned release review commission in the manner specified
16in s. 302.1135 (6) (a), or
as modified by the sentencing court under sub. (9g) or s.
17302.045 (3m) (b) 1., 302.05 (3) (c) 2. a., or 973.195 (1r), or 973.198, if applicable.
AB40, s. 3040 18Section 3040. 302.113 (2) (b) of the statutes is repealed.
AB40, s. 3041 19Section 3041. 302.113 (2) (c) of the statutes is repealed.
AB40, s. 3042 20Section 3042. 302.113 (3) (d) of the statutes is amended to read:
AB40,1111,2421 302.113 (3) (d) If the term of confinement in prison portion of a bifurcated
22sentence for a Class B felony is increased under this subsection, the term of extended
23supervision is reduced so that the total length of the bifurcated sentence does not
24change.
AB40, s. 3043 25Section 3043. 302.113 (3) (e) of the statutes is repealed.
AB40, s. 3044
1Section 3044. 302.113 (7) of the statutes is amended to read:
AB40,1112,92 302.113 (7) Any inmate released to extended supervision under this section is
3subject to all conditions and rules of extended supervision until the expiration of the
4term of extended supervision portion of the bifurcated sentence or until the
5department discharges the inmate under s. 973.01 (4m), whichever is appropriate
.
6The department may set conditions of extended supervision in addition to any
7conditions of extended supervision required under s. 302.116, if applicable, or set by
8the court under sub. (7m) or s. 973.01 (5) if the conditions set by the department do
9not conflict with the court's conditions.
AB40, s. 3045 10Section 3045. 302.113 (9) (am) of the statutes is amended to read:
AB40,1112,2211 302.113 (9) (am) If a person released to extended supervision under this section
12or under s. 302.1135 violates a condition of extended supervision, the reviewing
13authority may revoke the extended supervision of the person. If the extended
14supervision of the person is revoked, the reviewing authority shall order the person
15to be returned to prison for any specified period of time that does not exceed the time
16remaining on the bifurcated sentence. The time remaining on the bifurcated
17sentence is the total length of the bifurcated sentence, less time served by the person
18in confinement under the sentence before release to extended supervision under sub.
19(2) and less all time served in confinement for previous revocations of extended
20supervision under the sentence. The order returning a person to prison under this
21paragraph shall provide the person whose extended supervision was revoked with
22credit in accordance with ss. 304.072 and 973.155.
AB40, s. 3046 23Section 3046. 302.113 (9) (c) of the statutes is amended to read:
AB40,1113,824 302.113 (9) (c) A person who is subsequently released to extended supervision
25after service of the period of time specified by the order under par. (am) is subject to

1all conditions and rules under sub. (7) and, if applicable, sub. (7m) until the
2expiration of the remaining extended supervision portion of the bifurcated sentence
3or until the department discharges the person under s. 973.01 (4m), whichever is
4appropriate
. The remaining extended supervision portion of the bifurcated sentence
5is the total length of the bifurcated sentence, less the time served by the person in
6confinement under the bifurcated sentence before release to extended supervision
7under sub. (2) and less all time served in confinement for previous revocations of
8extended supervision under the bifurcated sentence.
AB40, s. 3047 9Section 3047. 302.113 (9g) of the statutes is created to read:
AB40,1113,1010 302.113 (9g) (a) In this subsection:
AB40,1113,1311 1. "Extraordinary health condition" means a condition afflicting a person, such
12as advanced age, infirmity, or disability of the person or a need for medical treatment
13or services not available within a correctional institution.
AB40,1113,1614 2. "Program review committee" means the committee at a correctional
15institution that reviews the security classifications, institution assignments, and
16correctional programming assignments of inmates confined in the institution.
AB40,1113,1917 (b) An inmate who is serving a bifurcated sentence for a crime other than a
18Class B felony may seek modification of the bifurcated sentence in the manner
19specified in par. (f) if he or she meets one of the following criteria:
AB40,1113,2120 1. The inmate is 65 years of age or older and has served at least 5 years of the
21term of confinement in prison portion of the bifurcated sentence.
AB40,1113,2322 2. The inmate is 60 years of age or older and has served at least 10 years of the
23term of confinement in prison portion of the bifurcated sentence.
AB40,1113,2424 3. The inmate has an extraordinary health condition.
AB40,1114,7
1(c) An inmate who meets a criterion under par. (b) may submit a petition to the
2program review committee at the correctional institution in which the inmate is
3confined requesting a modification of the inmate's bifurcated sentence in the manner
4specified in par. (f). If the inmate alleges in the petition that he or she has an
5extraordinary health condition, the inmate shall attach to the petition affidavits
6from 2 physicians setting forth a diagnosis that the inmate has an extraordinary
7health condition.
AB40,1114,168 (cm) If, after receiving the petition under par. (c), the program review
9committee determines that the public interest would be served by a modification of
10the inmate's bifurcated sentence in the manner provided under par. (f), the
11committee shall approve the petition for referral to the sentencing court and notify
12the department of its approval. The department shall then refer the inmate's
13petition to the sentencing court and request the court to conduct a hearing on the
14petition. If the program review committee determines that the public interest would
15not be served by a modification of the inmate's bifurcated sentence in the manner
16specified in par. (f), the committee shall deny the inmate's petition.
AB40,1115,217 (d) When a court is notified by the department that it is referring to the court
18an inmate's petition for modification of the inmate's bifurcated sentence, the court
19shall schedule a hearing to determine whether the public interest would be served
20by a modification of the inmate's bifurcated sentence in the manner specified in par.
21(f). The inmate and the district attorney have the right to be present at the hearing,
22and any victim of the inmate's crime has the right to be present at the hearing and
23to provide a statement concerning the modification of the inmate's bifurcated
24sentence. The court shall order such notice of the hearing date as it considers
25adequate to be given to the department, the inmate, the attorney representing the

1inmate, if applicable, and the district attorney. Victim notification shall be provided
2as specified under par. (g).
AB40,1115,113 (e) At a hearing scheduled under par. (d), the inmate has the burden of proving
4by the greater weight of the credible evidence that a modification of the bifurcated
5sentence in the manner specified in par. (f) would serve the public interest. If the
6inmate proves that a modification of the bifurcated sentence in the manner specified
7in par. (f) would serve the public interest, the court shall modify the inmate's
8bifurcated sentence in that manner. If the inmate does not prove that a modification
9of the bifurcated sentence in the manner specified in par. (f) would serve the public
10interest, the court shall deny the inmate's petition for modification of the bifurcated
11sentence.
AB40,1115,1312 (f) A court may modify an inmate's bifurcated sentence under this section only
13as follows:
AB40,1115,1714 1. The court shall reduce the term of confinement in prison portion of the
15inmate's bifurcated sentence in a manner that provides for the release of the inmate
16to extended supervision within 30 days after the date on which the court issues its
17order modifying the bifurcated sentence.
AB40,1115,1918 2. The court shall lengthen the term of extended supervision imposed so that
19the total length of the bifurcated sentence originally imposed does not change.
AB40,1115,2020 (g) 1. In this paragraph, "victim" has the meaning given in s. 950.02 (4).
AB40,1116,421 2. When a court schedules a hearing under par. (d), the clerk of the circuit court
22shall send a notice of hearing to the victim of the crime committed by the inmate, if
23the victim has submitted a card under subd. 3. requesting notification. The notice
24shall inform the victim that he or she may appear at the hearing scheduled under
25par. (d) and shall inform the victim of the manner in which he or she may provide a

1statement concerning the modification of the inmate's bifurcated sentence in the
2manner provided in par. (f). The clerk of the circuit court shall make a reasonable
3attempt to send the notice of hearing to the last-known address of the inmate's
4victim, postmarked at least 10 days before the date of the hearing.
AB40,1116,145 3. The director of state courts shall design and prepare cards for a victim to send
6to the clerk of the circuit court for the county in which the inmate was convicted and
7sentenced. The cards shall have space for a victim to provide his or her name and
8address, the name of the applicable inmate, and any other information that the
9director of state courts determines is necessary. The director of state courts shall
10provide the cards, without charge, to clerks of circuit court. Clerks of circuit court
11shall provide the cards, without charge, to victims. Victims may send completed
12cards to the clerk of the circuit court for the county in which the inmate was convicted
13and sentenced. All court records or portions of records that relate to mailing
14addresses of victims are not subject to inspection or copying under s. 19.35 (1).
AB40,1116,2115 (h) An inmate may appeal a court's decision to deny the inmate's petition for
16modification of his or her bifurcated sentence. The state may appeal a court's
17decision to grant an inmate's petition for a modification of the inmate's bifurcated
18sentence. In an appeal under this paragraph, the appellate court may reverse a
19decision granting or denying a petition for modification of a bifurcated sentence only
20if it determines that the sentencing court erroneously exercised its discretion in
21granting or denying the petition.
AB40,1117,222 (i) If the program review committee denies an inmate's petition under par. (cm),
23the inmate may not file another petition within one year after the date of the program
24review committee's denial. If the program review committee approves an inmate's
25petition for referral to the sentencing court under par. (cm) but the sentencing court

1denies the petition, the inmate may not file another petition under par. (cm) within
2one year after the date of the court's decision.
AB40,1117,113 (j) An inmate eligible to seek modification of his or her bifurcated sentence
4under this subsection has a right to be represented by counsel in proceedings under
5this subsection. An inmate, or the department on the inmate's behalf, may apply to
6the state public defender for determination of indigency and appointment of counsel
7under s. 977.05 (4) (jm) before or after the filing of a petition with the program review
8committee under par. (c). If an inmate whose petition has been referred to the court
9under par. (cm) is without counsel, the court shall refer the matter to the state public
10defender for determination of indigency and appointment of counsel under s. 977.05
11(4) (jm).
AB40, s. 3048 12Section 3048. 302.113 (9h) of the statutes is repealed.
AB40, s. 3049 13Section 3049. 302.1135 of the statutes is repealed.
AB40, s. 3050 14Section 3050. 302.114 (9) (am) of the statutes is amended to read:
AB40,1117,2315 302.114 (9) (am) If a person released to extended supervision under this section
16or under s. 302.1135 violates a condition of extended supervision, the reviewing
17authority may revoke the extended supervision of the person. If the extended
18supervision of the person is revoked, the person shall be returned to the circuit court
19for the county in which the person was convicted of the offense for which he or she
20was on extended supervision, and the court shall order the person to be returned to
21prison for a specified period of time before he or she is eligible for being released again
22to extended supervision. The period of time specified under this paragraph may not
23be less than 5 years and may be extended in accordance with sub. (3).
AB40, s. 3051 24Section 3051. 302.114 (9) (c) of the statutes is amended to read:
AB40,1118,4
1302.114 (9) (c) A person who is subsequently released to extended supervision
2under par. (bm) is subject to all conditions and rules under sub. (8) until the
3expiration of the sentence or until the department discharges the person under s.
4973.01 (4m), whichever is appropriate
.
AB40, s. 3052 5Section 3052. 304.01 (title) of the statutes is amended to read:
AB40,1118,7 6304.01 (title) Earned release review Parole commission and
7commission chairperson; general duties.
AB40, s. 3053 8Section 3053. 304.01 (1) of the statutes is amended to read:
AB40,1118,129 304.01 (1) The chairperson of the earned release review parole commission
10shall administer and supervise the commission and its activities and shall be the
11final parole-granting authority for granting parole or release to extended
12supervision
, except as provided in s. 304.02.
AB40, s. 3054 13Section 3054. 304.01 (2) (intro.) of the statutes is amended to read:
AB40,1118,2014 304.01 (2) (intro.) The earned release review parole commission shall conduct
15regularly scheduled interviews to consider the parole or release to extended
16supervision
of eligible inmates of the adult correctional institutions under the
17control of the department of corrections, eligible inmates transferred under ch. 51
18and under the control of the department of health services and eligible inmates in
19any county house of correction. The department of corrections shall provide all of the
20following to the earned release review parole commission:
AB40, s. 3055 21Section 3055. 304.01 (2) (b) of the statutes is amended to read:
AB40,1118,2422 304.01 (2) (b) Scheduling assistance for parole interviews for prisoners who
23have applied for parole or release to extended supervision
at the correctional
24institutions.
AB40, s. 3056 25Section 3056. 304.01 (2) (c) of the statutes is amended to read:
AB40,1119,2
1304.01 (2) (c) Clerical support related to the parole interviews for prisoners who
2have applied for parole or release to extended supervision
.
AB40, s. 3057 3Section 3057. 304.01 (2) (d) of the statutes is amended to read:
AB40,1119,64 304.01 (2) (d) Appropriate physical space at the correctional institutions to
5conduct the parole interviews for prisoners who have applied for parole or release to
6extended supervision
.
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