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of his or her release to extended supervision, the person's extended supervision was
revoked, he or she was returned to prison, and the division of hearings and appeals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:
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
earned 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:
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