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13. 302.042 of the statutes is repealed.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:
AB86,8,919
302.045
(1) Program. The department shall provide a challenge incarceration
20program for inmates selected to participate under sub. (2). The program shall
21provide participants with manual labor,
personal development counseling,
22substance abuse treatment and education, military drill and ceremony,
counseling, 23and strenuous physical exercise, for participants who have not attained the age of
2430 as of the date on which they begin participating in the program, or
25age-appropriate strenuous physical exercise, for all other participants, in
1preparation for release on parole or extended supervision.
The program shall
2provide, according to each participant's needs as assessed under sub. (2) (d),
3substance abuse treatment and education, including intensive intervention when
4indicated, personal development counseling, education, employment readiness
5training, and other treatment options that are directly related to the participant's
6criminal behavior. The department shall design the program to include not
less 7fewer than 50 participants at a time and so that a participant may complete the
8program in not more than 180 days. The department may restrict participant
9privileges as necessary to maintain discipline.
AB86, s. 16
10Section
16. 302.045 (2) (d) of the statutes is repealed and recreated to read:
AB86,8,1211
302.045
(2) (d) The department determines, during assessment and
12evaluation, that the inmate has a substance abuse problem.
AB86, s. 17
13Section
17. 302.045 (3) of the statutes is amended to read:
AB86,8,2114
302.045
(3) Parole eligibility. Except as provided in sub. (4), if the department
15determines that an inmate serving a sentence other than one imposed under s.
16973.01 has successfully completed the challenge incarceration program, the
earned
17release review parole commission shall parole the inmate for that sentence under s.
18304.06, regardless of the time the inmate has served. When the
earned release
19review parole commission grants parole under this subsection, it must require the
20parolee to participate in an intensive supervision program
appropriate to the
21parolee's rehabilitation needs for drug abusers as a condition of parole.
AB86, s. 18
22Section
18. 302.045 (3m) (d) of the statutes is repealed.
AB86, s. 19
23Section
19. 302.05 (title) of the statutes is amended to read:
AB86,8,24
24302.05 (title)
Wisconsin earned release substance abuse program.
AB86, s. 20
1Section
20. 302.05 (1) of the statutes is renumbered 302.05 (1) (am) (intro.)
2and amended to read:
AB86,9,123
302.05
(1) (am) (intro.) The department of corrections
shall, at any correctional
4facility the department determines is appropriate, provide a rehabilitation program
5for inmates for the purposes of the earned release program described in sub. (3). and
6the department of health services may designate a section of a mental health
7institute as a correctional treatment facility for the treatment of substance abuse of
8inmates transferred from Wisconsin state prisons. This section shall be
9administered by the department of corrections and shall be known as the Wisconsin
10substance abuse program. The department of corrections and the department of
11health services shall ensure that the residents at the institution and the residents
12in the substance abuse program:
AB86, s. 21
13Section
21. 302.05 (1) (am) 1. of the statutes is created to read:
AB86,9,1614
302.05
(1) (am) 1. Have access to all facilities that are available at the
15institution and are necessary for the treatment programs designed by the
16departments.
AB86, s. 22
17Section
22. 302.05 (1) (am) 2. of the statutes is created to read:
AB86,9,1818
302.05
(1) (am) 2. Are housed on separate wards.
AB86, s. 23
19Section
23. 302.05 (1)
(b) of the statutes is created to read:
AB86,9,2320
302.05
(1) (b) The department of corrections and the department of health
21services shall, at any correctional facility the departments determine is appropriate,
22provide a substance abuse treatment program for inmates for the purposes of the
23earned release program described in sub. (3).
AB86, s. 24
24Section
24. 302.05 (2) of the statutes is amended to read:
AB86,10,3
1302.05
(2) Transfer to a correctional
treatment facility for
participation in a
2program described in sub. (1) the treatment of substance abuse shall be considered
3a transfer under s. 302.18.
AB86, s. 25
4Section
25. 302.05 (3) (b) of the statutes is amended to read:
AB86,10,125
302.05
(3) (b) Except as provided in par. (d), if the department determines that
6an eligible inmate serving a sentence other than one imposed under s. 973.01 has
7successfully completed a
rehabilitation treatment program described in sub. (1), the
8earned release review parole commission shall parole the inmate for that sentence
9under s. 304.06, regardless of the time the inmate has served. If the
earned release
10review parole commission grants parole under this paragraph, it shall require the
11parolee to participate in an intensive supervision program
appropriate to the
12parolee's rehabilitation needs for drug abusers as a condition of parole.
AB86, s. 26
13Section
26. 302.05 (3) (c) 1. of the statutes is amended to read:
AB86,10,1814
302.05
(3) (c) 1. Except as provided in par. (d), if the department determines
15that an eligible inmate serving the term of confinement in prison portion of a
16bifurcated sentence imposed under s. 973.01 has successfully completed a
17rehabilitation treatment program described in sub. (1), the department shall inform
18the court that sentenced the inmate.
AB86, s. 27
19Section
27. 302.05 (3) (c) 2. (intro.) of the statutes, is amended to read:
AB86,10,2320
302.05
(3) (c) 2. (intro.) Upon being informed by the department under subd.
211. that an inmate whom the court sentenced under s. 973.01 has successfully
22completed a
rehabilitation treatment program described in sub. (1), the court shall
23modify the inmate's bifurcated sentence as follows:
AB86, s. 28
24Section
28. 302.05 (3) (c) 3. of the statutes is repealed.
AB86, s. 29
25Section
29. 302.05 (3) (d) of the statutes is amended to read:
AB86,11,3
1302.05
(3) (d) The department may place intensive sanctions program
2participants in a
rehabilitation treatment program described in sub. (1), but pars. (b)
3and (c) do not apply to those participants.
AB86, s. 30
4Section
30. 302.11 (1g) (b) (intro.) of the statutes is amended to read:
AB86,11,125
302.11
(1g) (b) (intro.) Before an incarcerated inmate with a presumptive
6mandatory release date reaches the presumptive mandatory release date specified
7under par. (am), the
earned release review parole commission shall proceed under
8s. 304.06 (1) to consider whether to deny presumptive mandatory release to the
9inmate. If the
earned release review parole commission does not deny presumptive
10mandatory release, the inmate shall be released on parole. The
earned release
11review parole commission may deny presumptive mandatory release to an inmate
12only on one or more of the following grounds:
AB86, s. 31
13Section
31. 302.11 (1g) (b) 2. of the statutes is amended to read:
AB86,11,2014
302.11
(1g) (b) 2. Refusal by the inmate to participate in counseling or
15treatment that the social service and clinical staff of the institution determines is
16necessary for the inmate, including pharmacological treatment using an
17antiandrogen or the chemical equivalent of an antiandrogen if the inmate is a serious
18child sex offender as defined in s. 304.06 (1q) (a). The
earned release review parole 19commission may not deny presumptive mandatory release to an inmate because of
20the inmate's refusal to participate in a rehabilitation program under s. 301.047.
AB86, s. 32
21Section
32. 302.11 (1g) (c) of the statutes is amended to read:
AB86,11,2522
302.11
(1g) (c) If the
earned release review parole commission denies
23presumptive mandatory release to an inmate under par. (b), the
earned release
24review parole commission shall schedule regular reviews of the inmate's case to
25consider whether to parole the inmate under s. 304.06 (1).
AB86, s. 33
1Section
33. 302.11 (1g) (d) of the statutes is amended to read:
AB86,12,42
302.11
(1g) (d) An inmate may seek review of a decision by the
earned release
3review parole commission relating to the denial of presumptive mandatory release
4only by the common law writ of certiorari.
AB86, s. 34
5Section
34. 302.11 (1m) of the statutes is amended to read:
AB86,12,86
302.11
(1m) An inmate serving a life term is not entitled to mandatory release.
7Except as provided in ss. 939.62 (2m) (c) and 973.014, the
earned release review 8parole commission may parole the inmate as specified in s. 304.06 (1).
AB86, s. 35
9Section
35. 302.11 (7) (c) of the statutes is amended to read:
AB86,12,1210
302.11
(7) (c) The
earned release review parole commission may subsequently
11parole, under s. 304.06 (1), and the department may subsequently parole, under s.
12304.02, a parolee who is returned to prison for violation of a condition of parole.
AB86, s. 36
13Section
36. 302.113 (1) of the statutes is amended to read:
AB86,12,2414
302.113
(1) An inmate is subject to this section if he or she is serving a
15bifurcated sentence imposed under s. 973.01.
An inmate convicted of a misdemeanor
16or of a Class F to Class I felony that is not a violent offense, as defined in s. 301.048
17(2) (bm) 1., and who is eligible for positive adjustment time under sub. (2) (b)
18pursuant to s. 973.01 (3d) (b) may be released to extended supervision under sub. (2)
19(b) or (9h). An inmate convicted of a Class C to Class E felony or a Class F to Class
20I felony that is a violent offense, as defined in s. 301.048 (2) (bm) 1., or a Class F to
21Class I felony that is not a violent offense, as defined under s. 301.048 (2) (bm) 1., but
22who is ineligible for positive adjustment time under sub. (2) (b) pursuant to s. 973.01
23(3d) (b) may be released to extended supervision only under sub. (2) (a) or (9h) or s.
24304.06.
AB86, s. 37
1Section
37. 302.113 (2) (a) of the statutes is renumbered 302.113 (2) and
2amended to read:
AB86,13,93
302.113
(2) Except as provided in
par. (b) and subs. (3) and (9)
and s. 304.06,
4an inmate subject to this section is entitled to release to extended supervision after
5he or she has served the term of confinement in prison portion of the sentence
6imposed under s. 973.01,
as modified by the department under sub. (9h), as modified
7under s. 302.1135 by the e
arned release review commission in the manner specified
8in s. 302.1135 (6) (a), or as modified by the sentencing court under
sub. (9g) or s.
9302.045 (3m) (b) 1., 302.05 (3) (c) 2. a.,
or 973.195 (1r),
or 973.198, if applicable.
AB86, s. 38
10Section
38. 302.113 (2) (b) of the statutes is repealed.
AB86, s. 39
11Section
39. 302.113 (2) (c) of the statutes is repealed.
AB86, s. 40
12Section
40. 302.113 (3) (d) of the statutes is amended to read:
AB86,13,1613
302.113
(3) (d) If the term of confinement in prison portion of a bifurcated
14sentence
for a Class B felony is increased under this subsection, the term of extended
15supervision is reduced so that the total length of the bifurcated sentence does not
16change.
AB86, s. 41
17Section
41. 302.113 (3) (e) of the statutes is repealed.
AB86, s. 42
18Section
42. 302.113 (7) of the statutes is amended to read:
AB86,14,219
302.113
(7) Any inmate released to extended supervision under this section is
20subject to all conditions and rules of extended supervision until the expiration of the
21term of extended supervision portion of the bifurcated sentence
or until the
22department discharges the inmate under s. 973.01 (4m), whichever is appropriate.
23The department may set conditions of extended supervision in addition to any
24conditions of extended supervision required under s. 302.116, if applicable, or set by
1the court under sub. (7m) or s. 973.01 (5) if the conditions set by the department do
2not conflict with the court's conditions.
AB86, s. 43
3Section
43. 302.113 (9) (am) of the statutes is amended to read:
AB86,14,154
302.113
(9) (am) If a person released to extended supervision under this section
5or under s. 302.1135 violates a condition of extended supervision, the reviewing
6authority may revoke the extended supervision of the person. If the extended
7supervision of the person is revoked, the reviewing authority shall order the person
8to be returned to prison for any specified period of time that does not exceed the time
9remaining on the bifurcated sentence. The time remaining on the bifurcated
10sentence is the total length of the bifurcated sentence, less time served by the person
11in confinement under the sentence before release to extended supervision under sub.
12(2) and less all time served in confinement for previous revocations of extended
13supervision under the sentence. The order returning a person to prison under this
14paragraph shall provide the person whose extended supervision was revoked with
15credit in accordance with ss. 304.072 and 973.155.
AB86, s. 44
16Section
44. 302.113 (9) (c) of the statutes is amended to read:
AB86,15,217
302.113
(9) (c) A person who is subsequently released to extended supervision
18after service of the period of time specified by the order under par. (am) is subject to
19all conditions and rules under sub. (7) and, if applicable, sub. (7m) until the
20expiration of the remaining extended supervision portion of the bifurcated sentence
21or until the department discharges the person under s. 973.01 (4m), whichever is
22appropriate. The remaining extended supervision portion of the bifurcated sentence
23is the total length of the bifurcated sentence, less the time served by the person in
24confinement under the bifurcated sentence before release to extended supervision
1under sub. (2) and less all time served in confinement for previous revocations of
2extended supervision under the bifurcated sentence.
AB86, s. 45
3Section
45. 302.113 (9g) of the statutes is created to read:
AB86,15,44
302.113
(9g) (a)
In this subsection:
AB86,15,75
1. "Extraordinary health condition" means a condition afflicting a person, such
6as advanced age, infirmity, or disability of the person or a need for medical treatment
7or services not available within a correctional institution.
AB86,15,108
2. "Program review committee" means the committee at a correctional
9institution that reviews the security classifications, institution assignments, and
10correctional programming assignments of inmates confined in the institution.
AB86,15,1311
(b) An inmate who is serving a bifurcated sentence for a crime other than a
12Class B felony may seek modification of the bifurcated sentence in the manner
13specified in par. (f) if he or she meets one of the following criteria:
AB86,15,1514
1. The inmate is 65 years of age or older and has served at least 5 years of the
15term of confinement in prison portion of the bifurcated sentence.
AB86,15,1716
2. The inmate is 60 years of age or older and has served at least 10 years of the
17term of confinement in prison portion of the bifurcated sentence.
AB86,15,1818
3. The inmate has an extraordinary health condition.
AB86,15,2519
(c) An inmate who meets a criterion under par. (b) may submit a petition to the
20program review committee at the correctional institution in which the inmate is
21confined requesting a modification of the inmate's bifurcated sentence in the manner
22specified in par. (f). If the inmate alleges in the petition that he or she has an
23extraordinary health condition, the inmate shall attach to the petition affidavits
24from 2 physicians setting forth a diagnosis that the inmate has an extraordinary
25health condition.
AB86,16,9
1(cm) If, after receiving the petition under par. (c), the program review
2committee determines that the public interest would be served by a modification of
3the inmate's bifurcated sentence in the manner provided under par. (f), the
4committee shall approve the petition for referral to the sentencing court and notify
5the department of its approval. The department shall then refer the inmate's
6petition to the sentencing court and request the court to conduct a hearing on the
7petition. If the program review committee determines that the public interest would
8not be served by a modification of the inmate's bifurcated sentence in the manner
9specified in par. (f), the committee shall deny the inmate's petition.
AB86,16,2010
(d) When a court is notified by the department that it is referring to the court
11an inmate's petition for modification of the inmate's bifurcated sentence, the court
12shall schedule a hearing to determine whether the public interest would be served
13by a modification of the inmate's bifurcated sentence in the manner specified in par.
14(f). The inmate and the district attorney have the right to be present at the hearing,
15and any victim of the inmate's crime has the right to be present at the hearing and
16to provide a statement concerning the modification of the inmate's bifurcated
17sentence. The court shall order such notice of the hearing date as it considers
18adequate to be given to the department, the inmate, the attorney representing the
19inmate, if applicable, and the district attorney. Victim notification shall be provided
20as specified under par. (g).
AB86,17,421
(e) At a hearing scheduled under par. (d), the inmate has the burden of proving
22by the greater weight of the credible evidence that a modification of the bifurcated
23sentence in the manner specified in par. (f) would serve the public interest. If the
24inmate proves that a modification of the bifurcated sentence in the manner specified
25in par. (f) would serve the public interest, the court shall modify the inmate's
1bifurcated sentence in that manner. If the inmate does not prove that a modification
2of the bifurcated sentence in the manner specified in par. (f) would serve the public
3interest, the court shall deny the inmate's petition for modification of the bifurcated
4sentence.
AB86,17,65
(f) A court may modify an inmate's bifurcated sentence under this section only
6as follows:
AB86,17,107
1. The court shall reduce the term of confinement in prison portion of the
8inmate's bifurcated sentence in a manner that provides for the release of the inmate
9to extended supervision within 30 days after the date on which the court issues its
10order modifying the bifurcated sentence.
AB86,17,1211
2. The court shall lengthen the term of extended supervision imposed so that
12the total length of the bifurcated sentence originally imposed does not change.
AB86,17,1313
(g) 1. In this paragraph, "victim" has the meaning given in s. 950.02 (4).
AB86,17,2214
2. When a court schedules a hearing under par. (d), the clerk of the circuit court
15shall send a notice of hearing to the victim of the crime committed by the inmate, if
16the victim has submitted a card under subd. 3. requesting notification. The notice
17shall inform the victim that he or she may appear at the hearing scheduled under
18par. (d) and shall inform the victim of the manner in which he or she may provide a
19statement concerning the modification of the inmate's bifurcated sentence in the
20manner provided in par. (f). The clerk of the circuit court shall make a reasonable
21attempt to send the notice of hearing to the last-known address of the inmate's
22victim, postmarked at least 10 days before the date of the hearing.
AB86,18,723
3. The director of state courts shall design and prepare cards for a victim to send
24to the clerk of the circuit court for the county in which the inmate was convicted and
25sentenced. The cards shall have space for a victim to provide his or her name and
1address, the name of the applicable inmate, and any other information that the
2director of state courts determines is necessary. The director of state courts shall
3provide the cards, without charge, to clerks of circuit court. Clerks of circuit court
4shall provide the cards, without charge, to victims. Victims may send completed
5cards to the clerk of the circuit court for the county in which the inmate was convicted
6and sentenced. All court records or portions of records that relate to mailing
7addresses of victims are not subject to inspection or copying under s. 19.35 (1).
AB86,18,148
(h) An inmate may appeal a court's decision to deny the inmate's petition for
9modification of his or her bifurcated sentence. The state may appeal a court's
10decision to grant an inmate's petition for a modification of the inmate's bifurcated
11sentence. In an appeal under this paragraph, the appellate court may reverse a
12decision granting or denying a petition for modification of a bifurcated sentence only
13if it determines that the sentencing court erroneously exercised its discretion in
14granting or denying the petition.
AB86,18,2015
(i) If the program review committee denies an inmate's petition under par. (cm),
16the inmate may not file another petition within one year after the date of the program
17review committee's denial. If the program review committee approves an inmate's
18petition for referral to the sentencing court under par. (cm) but the sentencing court
19denies the petition, the inmate may not file another petition under par. (cm) within
20one year after the date of the court's decision.
AB86,19,421
(j) An inmate eligible to seek modification of his or her bifurcated sentence
22under this subsection has a right to be represented by counsel in proceedings under
23this subsection. An inmate, or the department on the inmate's behalf, may apply to
24the state public defender for determination of indigency and appointment of counsel
25under s. 977.05 (4) (jm) before or after the filing of a petition with the program review
1committee under par. (c). If an inmate whose petition has been referred to the court
2under par. (cm) is without counsel, the court shall refer the matter to the state public
3defender for determination of indigency and appointment of counsel under s. 977.05
4(4) (jm).
AB86, s. 46
5Section
46. 302.113 (9h) of the statutes is repealed.
AB86, s. 47
6Section
47. 302.1135 of the statutes is repealed.
AB86, s. 48
7Section
48. 302.114 (9) (am) of the statutes is amended to read:
AB86,19,168
302.114
(9) (am) If a person released to extended supervision under this section
9or under s. 302.1135 violates a condition of extended supervision, the reviewing
10authority may revoke the extended supervision of the person. If the extended
11supervision of the person is revoked, the person shall be returned to the circuit court
12for the county in which the person was convicted of the offense for which he or she
13was on extended supervision, and the court shall order the person to be returned to
14prison for a specified period of time before he or she is eligible for being released again
15to extended supervision. The period of time specified under this paragraph may not
16be less than 5 years and may be extended in accordance with sub. (3).
AB86, s. 49
17Section
49. 302.114 (9) (c) of the statutes is amended to read:
AB86,19,2118
302.114
(9) (c) A person who is subsequently released to extended supervision
19under par. (bm) is subject to all conditions and rules under sub. (8) until the
20expiration of the sentence
or until the department discharges the person under s.
21973.01 (4m), whichever is appropriate.
AB86, s. 50
22Section
50. 304.01 (title) of the statutes is amended to read:
AB86,19,24
23304.01 (title)
Earned release review Parole commission and
24commission chairperson; general duties.