SB57,5,1312 17.07 (3m) Notwithstanding sub. (3), the earned release review parole
13commission chairperson may be removed by the governor, at pleasure.
SB57, s. 5 14Section 5. 20.410 (2) (title) of the statutes is amended to read:
SB57,5,1515 20.410 (2) (title) Earned release review Parole commission.
SB57, s. 6 16Section 6. 20.410 (2) (a) of the statutes is amended to read:
SB57,5,1817 20.410 (2) (a) General program operations. The amounts in the schedule for
18the general program operations of the earned release review parole commission.
SB57, s. 7 19Section 7. 20.923 (4) (b) 6. of the statutes is amended to read:
SB57,5,2020 20.923 (4) (b) 6. Earned release review Parole commission: chairperson.
SB57, s. 8 21Section 8. 230.08 (2) (pd) of the statutes is amended to read:
SB57,5,2322 230.08 (2) (pd) The chairperson of the earned release review parole
23commission.
SB57, s. 9 24Section 9. 301.03 (3) of the statutes is amended to read:
SB57,6,14
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.
SB57, s. 10 15Section 10. 301.048 (2) (am) 3. of the statutes is amended to read:
SB57,6,1816 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).
SB57, s. 11 19Section 11. 301.21 (1m) (c) of the statutes is amended to read:
SB57,6,2320 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.
SB57, s. 12 24Section 12. 301.21 (2m) (c) of the statutes is amended to read:
SB57,7,5
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.
SB57, s. 13 6Section 13. 302.042 of the statutes is repealed.
SB57, s. 14 7Section 14. 302.043 of the statutes is created to read:
SB57,7,17 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.
SB57, s. 15 18Section 15. 302.045 (1) of the statutes is amended to read:
SB57,8,919 302.045 (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.
SB57, s. 16 10Section 16. 302.045 (2) (d) of the statutes is repealed and recreated to read:
SB57,8,1211 302.045 (2) (d) The department determines, during assessment and
12evaluation, that the inmate has a substance abuse problem.
SB57, s. 17 13Section 17. 302.045 (3) of the statutes is amended to read:
SB57,8,2114 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.
SB57, s. 18 22Section 18. 302.045 (3m) (d) of the statutes is repealed.
SB57, s. 19 23Section 19. 302.05 (title) of the statutes is amended to read:
SB57,8,24 24302.05 (title) Wisconsin earned release substance abuse program.
SB57, s. 20
1Section 20. 302.05 (1) of the statutes is renumbered 302.05 (1) (am) (intro.)
2and amended to read:
SB57,9,123 302.05 (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:
SB57, s. 21 13Section 21. 302.05 (1) (am) 1. of the statutes is created to read:
SB57,9,1614 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.
SB57, s. 22 17Section 22. 302.05 (1) (am) 2. of the statutes is created to read:
SB57,9,1818 302.05 (1) (am) 2. Are housed on separate wards.
SB57, s. 23 19Section 23. 302.05 (1) (b) of the statutes is created to read:
SB57,9,2320 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).
SB57, s. 24 24Section 24. 302.05 (2) of the statutes is amended to read:
SB57,10,3
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.
SB57, s. 25 4Section 25. 302.05 (3) (b) of the statutes is amended to read:
SB57,10,125 302.05 (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.
SB57, s. 26 13Section 26. 302.05 (3) (c) 1. of the statutes is amended to read:
SB57,10,1814 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.
SB57, s. 27 19Section 27. 302.05 (3) (c) 2. (intro.) of the statutes, is amended to read:
SB57,10,2320 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:
SB57, s. 28 24Section 28. 302.05 (3) (c) 3. of the statutes is repealed.
SB57, s. 29 25Section 29. 302.05 (3) (d) of the statutes is amended to read:
SB57,11,3
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.
SB57, s. 30 4Section 30. 302.11 (1g) (b) (intro.) of the statutes is amended to read:
SB57,11,125 302.11 (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:
SB57, s. 31 13Section 31. 302.11 (1g) (b) 2. of the statutes is amended to read:
SB57,11,2014 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.
SB57, s. 32 21Section 32. 302.11 (1g) (c) of the statutes is amended to read:
SB57,11,2522 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).
SB57, s. 33
1Section 33. 302.11 (1g) (d) of the statutes is amended to read:
SB57,12,42 302.11 (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.
SB57, s. 34 5Section 34. 302.11 (1m) of the statutes is amended to read:
SB57,12,86 302.11 (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).
SB57, s. 35 9Section 35. 302.11 (7) (c) of the statutes is amended to read:
SB57,12,1210 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.
SB57, s. 36 13Section 36. 302.113 (1) of the statutes is amended to read:
SB57,12,2414 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.
SB57, s. 37
1Section 37. 302.113 (2) (a) of the statutes is renumbered 302.113 (2) and
2amended to read:
SB57,13,93 302.113 (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.
SB57, s. 38 10Section 38. 302.113 (2) (b) of the statutes is repealed.
SB57, s. 39 11Section 39. 302.113 (2) (c) of the statutes is repealed.
SB57, s. 40 12Section 40. 302.113 (3) (d) of the statutes is amended to read:
SB57,13,1613 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.
SB57, s. 41 17Section 41. 302.113 (3) (e) of the statutes is repealed.
SB57, s. 42 18Section 42. 302.113 (7) of the statutes is amended to read:
SB57,14,219 302.113 (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.
SB57, s. 43 3Section 43. 302.113 (9) (am) of the statutes is amended to read:
SB57,14,154 302.113 (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.
SB57, s. 44 16Section 44. 302.113 (9) (c) of the statutes is amended to read:
SB57,15,217 302.113 (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.
SB57, s. 45 3Section 45. 302.113 (9g) of the statutes is created to read:
SB57,15,44 302.113 (9g) (a) In this subsection:
SB57,15,75 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.
SB57,15,108 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.
SB57,15,1311 (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:
SB57,15,1514 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.
SB57,15,1716 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.
SB57,15,1818 3. The inmate has an extraordinary health condition.
SB57,15,2519 (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.
SB57,16,9
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.
SB57,16,2010 (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).
SB57,17,421 (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.
SB57,17,65 (f) A court may modify an inmate's bifurcated sentence under this section only
6as follows:
SB57,17,107 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.
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