LRB-1662/1
PJH:wlj&nwn:md
2011 - 2012 LEGISLATURE
April 7, 2011 - Introduced by Representatives Suder, Krug, Jacque, Petersen,
Spanbauer, Ziegelbauer, Steineke, Severson, T. Larson, Kestell, Mursau,
Thiesfeldt, LeMahieu, Strachota, Kleefisch, Murtha, Endsley, Marklein,
Rivard, Honadel, Bies, Kaufert, Stone, Brooks, Petryk, Ripp, Knodl
and
Klenke, cosponsored by Senators Wanggaard, Leibham, Moulton, Zipperer
and Galloway. Referred to Committee on Criminal Justice and Corrections.
AB86,2,7 1An Act to repeal 302.042, 302.045 (3m) (d), 302.05 (3) (c) 3., 302.113 (2) (b),
2302.113 (2) (c), 302.113 (3) (e), 302.113 (9h), 302.1135, 304.06 (1) (bg), 304.06 (1)
3(bk), 304.06 (1) (bn), 304.06 (1) (br), 973.01 (3d), 973.01 (4m), 973.031, 973.09
4(3) (d) and 973.195 (1r) (j); to renumber and amend 302.05 (1) and 302.113
5(2) (a); to amend 15.01 (2), 15.06 (6), 15.145 (1), 17.07 (3m), 20.410 (2) (title),
620.410 (2) (a), 20.923 (4) (b) 6., 230.08 (2) (pd), 301.03 (3), 301.048 (2) (am) 3.,
7301.21 (1m) (c), 301.21 (2m) (c), 302.045 (1), 302.045 (3), 302.05 (title), 302.05
8(2), 302.05 (3) (b), 302.05 (3) (c) 1., 302.05 (3) (c) 2. (intro.), 302.05 (3) (d), 302.11
9(1g) (b) (intro.), 302.11 (1g) (b) 2., 302.11 (1g) (c), 302.11 (1g) (d), 302.11 (1m),
10302.11 (7) (c), 302.113 (1), 302.113 (3) (d), 302.113 (7), 302.113 (9) (am), 302.113
11(9) (c), 302.114 (9) (am), 302.114 (9) (c), 304.01 (title), 304.01 (1), 304.01 (2)
12(intro.), 304.01 (2) (b), 304.01 (2) (c), 304.01 (2) (d), 304.06 (title), 304.06 (1) (b),
13304.06 (1) (c) (intro.), 304.06 (1) (d) 1., 304.06 (1) (d) 2., 304.06 (1) (d) 3m., 304.06
14(1) (d) 4., 304.06 (1) (e), 304.06 (1) (eg), 304.06 (1) (em), 304.06 (1) (f), 304.06 (1)

1(g), 304.06 (1m) (intro.), 304.06 (1q) (b), 304.06 (1q) (c), 304.06 (1x), 304.06 (2m)
2(d), 304.06 (3), 304.06 (3e), 304.06 (3m), 304.071 (1), 801.50 (5), 809.30 (1) (c),
3911.01 (4) (c), 950.04 (1v) (f), 950.04 (1v) (g), 950.04 (1v) (gm), 950.04 (1v) (nt),
4973.01 (4), 973.01 (7), 973.195 (1r) (a), 974.07 (4) (b), 976.03 (23) (c) and 977.05
5(4) (jm); to repeal and recreate 302.045 (2) (d); and to create 302.043, 302.05
6(1) (am) 1., 302.05 (1) (am) 2., 302.05 (1) (b), 302.113 (9g) and 973.198 of the
7statutes; relating to: corrections and sentencing.
Analysis by the Legislative Reference Bureau
2009 Wisconsin Act 28 (the Act) made several changes to the adult correctional
system, most of which took effect on October 1, 2009. Prior to the effective date of
the provisions relating to the adult correctional system (pre-Act), a person who was
imprisoned for a felony he or she committed prior to December 31, 1999, was allowed
to petition the parole commission in the Department of Corrections (DOC) to be
released to parole after the person served 25 percent of his or her sentence, or six
months, whichever was greater. The parole commission determined whether, and
under what conditions, the person should be released to parole. A person who
committed a felony on or after December 31, 1999, is sentenced to a bifurcated
sentence, with the first portion of the sentence served in confinement and the second
portion served under extended supervision in the community.
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 renamed the parole commission the earned release review commission
(ERRC) and 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 allows DOC to release the person to extended supervision when he or
she serves his entire period of confinement, minus positive adjustment time earned,
subject to court review. 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.
Under the Act, the sentencing court could, at the time of sentencing, order a
person to serve a risk reduction sentence. A person serving a risk reduction sentence
could be eligible for early release to extended supervision if he or she complies with
a treatment plan developed for the person by DOC.
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 the 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 DOA 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 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 that does not exceed the time remaining on his or her
bifurcated sentence.
This bill eliminates positive adjustment time and risk reduction sentences,
restores the parole commission, eliminates the ERRC, and returns the sentencing
provisions, and most of the provisions relating to early release from confinement to

pre-Act law. Under the bill, a person may petition the sentencing court for release
to extended supervision for the remaining term of his or her sentence if the person
has an extraordinary health condition, reaches age 65 after serving at least five years
of his or her term of confinement portion, or reaches age 60 after serving at least ten
years of his or her term of confinement portion.
Under the bill, a person who was sentenced after October 1, 2009, but before the
effective date of the bill, and who earned positive adjustment time during that period
may petition the sentencing court for an early release to extended supervision. If the
sentencing court agrees to reduce the confinement portion of the person's sentence
by the number of positive adjustment time days he or she earned, the sentencing
court must increase the term of extended supervision by the same number of days.
Under the bill, a person who was sentenced to a risk reduction sentence after October
1, 2009, but before the effective date of the bill and who complied with the program
plan developed by DOC may be released to extended supervision after he or she
serves at least 75 percent of the confinement portion of his or her sentence.
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:
AB86, s. 1 1Section 1. 15.01 (2) of the statutes is amended to read:
AB86,4,102 15.01 (2) "Commission" means a 3-member governing body in charge of a
3department or independent agency or of a division or other subunit within a
4department, except for the Wisconsin waterways commission which shall consist of
55 members and the earned release review parole commission which shall consist of
68 members. A Wisconsin group created for participation in a continuing interstate
7body, or the interstate body itself, shall be known as a "commission", but is not a
8commission for purposes of s. 15.06. The earned release review parole commission
9created under s. 15.145 (1) shall be known as a "commission", but is not a commission
10for purposes of s. 15.06.
AB86, s. 2 11Section 2. 15.06 (6) of the statutes is amended to read:
AB86,5,212 15.06 (6) Quorum. A majority of the membership of a commission constitutes
13a quorum to do business, except that vacancies shall not prevent a commission from

1doing business. This subsection does not apply to the earned release review parole
2commission.
AB86, s. 3 3Section 3. 15.145 (1) of the statutes is amended to read:
AB86,5,104 15.145 (1) Earned release review Parole commission. There is created in the
5department of corrections an earned release review a parole commission consisting
6of 8 members. Members shall have knowledge of or experience in corrections or
7criminal justice. The members shall include a chairperson who is nominated by the
8governor, and with the advice and consent of the senate appointed, for a 2-year term
9expiring March 1 of the odd-numbered years, subject to removal under s. 17.07 (3m),
10and the remaining members in the classified service appointed by the chairperson.
AB86, s. 4 11Section 4. 17.07 (3m) of the statutes is amended to read:
AB86,5,1312 17.07 (3m) Notwithstanding sub. (3), the earned release review parole
13commission chairperson may be removed by the governor, at pleasure.
AB86, s. 5 14Section 5. 20.410 (2) (title) of the statutes is amended to read:
AB86,5,1515 20.410 (2) (title) Earned release review Parole commission.
AB86, s. 6 16Section 6. 20.410 (2) (a) of the statutes is amended to read:
AB86,5,1817 20.410 (2) (a) General program operations. The amounts in the schedule for
18the general program operations of the earned release review parole commission.
AB86, s. 7 19Section 7. 20.923 (4) (b) 6. of the statutes is amended to read:
AB86,5,2020 20.923 (4) (b) 6. Earned release review Parole commission: chairperson.
AB86, s. 8 21Section 8. 230.08 (2) (pd) of the statutes is amended to read:
AB86,5,2322 230.08 (2) (pd) The chairperson of the earned release review parole
23commission.
AB86, s. 9 24Section 9. 301.03 (3) of the statutes is amended to read:
AB86,6,14
1301.03 (3) Administer parole, extended supervision, and probation matters,
2except that the decision to grant or deny parole or to grant extended supervision
3under s. 304.06 (1)
to inmates shall be made by the earned release review parole
4commission and the decision to revoke probation, extended supervision , or parole in
5cases in which there is no waiver of the right to a hearing shall be made by the
6division of hearings and appeals in the department of administration. The secretary
7may grant special action parole releases under s. 304.02. The department may
8discharge inmates from extended supervision under s. 973.01 (4m) and may modify
9a bifurcated sentence under s. 302.113 (9h), and the earned release review

10commission may modify a sentence under s. 302.1135. The department shall
11promulgate rules establishing a drug testing program for probationers, parolees and
12persons placed on extended supervision. The rules shall provide for assessment of
13fees upon probationers, parolees and persons placed on extended supervision to
14partially offset the costs of the program.
AB86, s. 10 15Section 10. 301.048 (2) (am) 3. of the statutes is amended to read:
AB86,6,1816 301.048 (2) (am) 3. The earned release review parole commission grants him
17or her parole under s. 304.06 and requires his or her participation in the program as
18a condition of parole under s. 304.06 (1x).
AB86, s. 11 19Section 11. 301.21 (1m) (c) of the statutes is amended to read:
AB86,6,2320 301.21 (1m) (c) Any hearing to consider parole or whether to grant extended
21supervision, if the inmate is sentenced under s. 973.01
to which an inmate confined
22under this contract may be entitled by the laws of Wisconsin will be conducted by the
23Wisconsin earned release review parole commission under rules of the department.
AB86, s. 12 24Section 12. 301.21 (2m) (c) of the statutes is amended to read:
AB86,7,5
1301.21 (2m) (c) Any hearing to consider parole or whether to grant extended
2supervision, if the prisoner is sentenced under s. 973.01
to which a prisoner confined
3under a contract under this subsection may be entitled by the laws of Wisconsin shall
4be conducted by the Wisconsin earned release review parole commission under rules
5of the department.
AB86, s. 13 6Section 13. 302.042 of the statutes is repealed.
AB86, s. 14 7Section 14. 302.043 of the statutes is created to read:
AB86,7,17 8302.043 Release to extended supervision; risk reduction program. The
9department shall release an inmate who is serving a risk reduction sentence imposed
10under s. 973.031, 2009 stats., to extended supervision when he or she serves not less
11than 75 percent of the term of confinement portion of his or her sentence imposed
12under s. 973.01 and the department determines that he or she has completed the
13programming or treatment under the plan designed by the department for the
14inmate and that the inmate maintained a good conduct record during his or her term
15of confinement. Not less than 30 days prior to release under this section, the
16department shall notify the sentencing court that the inmate has thus far
17successfully completed the requirements of his or her risk reduction sentence.
AB86, s. 15 18Section 15. 302.045 (1) of the statutes is amended to read:
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