SB57, s. 76 24Section 76. 304.06 (2m) (d) of the statutes is amended to read:
SB57,26,3
1304.06 (2m) (d) The earned release review parole commission or the
2department shall determine a prisoner's county of residence for the purposes of this
3subsection by doing all of the following:
SB57,26,74 1. The earned release review parole commission or the department shall
5consider residence as the voluntary concurrence of physical presence with intent to
6remain in a place of fixed habitation and shall consider physical presence as prima
7facie evidence of intent to remain.
SB57,26,118 2. The earned release review parole commission or the department shall apply
9the criteria for consideration of residence and physical presence under subd. 1. to the
10facts that existed on the date that the prisoner committed the serious sex offense that
11resulted in the sentence the prisoner is serving.
SB57, s. 77 12Section 77. 304.06 (3) of the statutes is amended to read:
SB57,27,1213 304.06 (3) Every paroled prisoner paroled or released to extended supervision
14remains in the legal custody of the department unless otherwise provided by the
15department. If the department alleges that any condition or rule of parole or
16extended supervision
has been violated by the prisoner, the department may take
17physical custody of the prisoner for the investigation of the alleged violation. If the
18department is satisfied that any condition or rule of parole or extended supervision
19has been violated it shall afford the prisoner such administrative hearings as are
20required by law. Unless waived by the parolee or person on extended supervision,
21the final administrative hearing shall be held before a hearing examiner from the
22division of hearings and appeals in the department of administration who is licensed
23to practice law in this state. The hearing examiner shall enter an order revoking or
24not revoking parole or extended supervision. Upon request by either party, the
25administrator of the division of hearings and appeals shall review the order. The

1hearing examiner may order that a deposition be taken by audiovisual means and
2allow the use of a recorded deposition under s. 967.04 (7) to (10). If the parolee or
3person on extended supervision
waives the final administrative hearing, the
4secretary of corrections shall enter an order revoking or not revoking parole or
5extended supervision
. If the examiner, the administrator upon review, or the
6secretary in the case of a waiver finds that the prisoner has violated the rules or
7conditions of parole or extended supervision, the examiner, the administrator upon
8review, or the secretary in the case of a waiver, may order the prisoner returned to
9prison to continue serving his or her sentence, or to continue on parole or extended
10supervision
. If the prisoner claims or appears to be indigent, the department shall
11refer the prisoner to the authority for indigency determinations specified under s.
12977.07 (1).
SB57, s. 78 13Section 78. 304.06 (3e) of the statutes is amended to read:
SB57,27,2114 304.06 (3e) The division of hearings and appeals in the department of
15administration shall make either an electronic or stenographic record of all
16testimony at each parole or extended supervision revocation hearing. The division
17shall prepare a written transcript of the testimony only at the request of a judge who
18has granted a petition for judicial review of the revocation decision. Each hearing
19notice shall include notice of the provisions of this subsection and a statement that
20any person who wants a written transcript may record the hearing at his or her own
21expense.
SB57, s. 79 22Section 79. 304.06 (3m) of the statutes is amended to read:
SB57,27,2523 304.06 (3m) If the convicting court is informed by the department that a
24prisoner on parole or extended supervision has absconded and that the prisoner's
25whereabouts are unknown, the court may issue a capias for execution by the sheriff.
SB57, s. 80
1Section 80. 304.071 (1) of the statutes is amended to read:
SB57,28,182 304.071 (1) The earned release review parole commission may at any time
3grant a parole or release to extended supervision to any prisoner in any penal
4institution of this state, or the department may at any time suspend the supervision
5of any person who is on probation, or parole, or extended supervision to the
6department, if the prisoner or person on probation, or parole, or extended
7supervision
is eligible for induction into the U.S. armed forces. The suspension of
8parole, extended supervision, or probation shall be for the duration of his or her
9service in the armed forces; and the parole, extended supervision, or probation shall
10again become effective upon his or her discharge from the armed forces in accordance
11with regulations prescribed by the department. If he or she receives an honorable
12discharge from the armed forces, the governor may discharge him or her and the
13discharge has the effect of a pardon. Upon the suspension of parole , extended
14supervision,
or probation by the department, the department shall issue an order
15setting forth the conditions under which the parole, extended supervision, or
16probation is suspended, including instructions as to where and when and to whom
17the person on parole or extended supervision shall report upon discharge from the
18armed forces.
SB57, s. 81 19Section 81. 801.50 (5) of the statutes is amended to read:
SB57,29,220 801.50 (5) Venue of an action for certiorari to review a probation, extended
21supervision, or parole revocation, a denial by the earned release review commission
22a program review committee under s. 302.1135 (5) 302.113 (9g) of a petition for
23modification of a bifurcated sentence, or a refusal of parole shall be the county in
24which the relator was last convicted of an offense for which the relator was on

1probation, extended supervision, or parole or for which the relator is currently
2incarcerated.
SB57, s. 82 3Section 82. 809.30 (1) (c) of the statutes is amended to read:
SB57,29,84 809.30 (1) (c) "Postconviction relief" means an appeal or a motion for
5postconviction relief in a criminal case, other than an appeal, motion, or petition
6under ss. 302.113 (7m), 302.1135 or (9g), 973.19, 973.195, 973.198, 974.06, or 974.07
7(2). In a ch. 980 case, the term means an appeal or a motion for postcommitment
8relief under s. 980.038 (4).
SB57, s. 83 9Section 83. 911.01 (4) (c) of the statutes is amended to read:
SB57,29,2010 911.01 (4) (c) Miscellaneous proceedings. Proceedings for extradition or
11rendition; sentencing, granting or revoking probation, modification of a bifurcated
12sentence under s. 302.1135 302.113 (9g), adjustment of a bifurcated sentence under
13s. 973.195 (1r), release to extended supervision under s. 302.113 (2) (b) or 304.06 (1)
14or discharge under s. 973.01 (4m)
or 973.198; issuance of subpoenas or warrants
15under s. 968.375, arrest warrants, criminal summonses, and search warrants;
16hearings under s. 980.09 (2); proceedings under s. 971.14 (1r) (c); or proceedings with
17respect to pretrial release under ch. 969 except where habeas corpus is utilized with
18respect to release on bail or as otherwise provided in ch. 969; and proceedings under
19s. 165.76 (6) to compel provision of a biological specimen for deoxyribonucleic acid
20analysis.
SB57, s. 84 21Section 84. 950.04 (1v) (f) of the statutes is amended to read:
SB57,29,2422 950.04 (1v) (f) To have the earned release review parole commission make a
23reasonable attempt to notify the victim of applications for parole or release to
24extended supervision
, as provided under s. 304.06 (1).
SB57, s. 85 25Section 85. 950.04 (1v) (g) of the statutes is amended to read:
SB57,30,3
1950.04 (1v) (g) To have reasonable attempts made to notify the victim of
2hearings or court proceedings, as provided under ss. 302.113 (9g) (g) 2., 302.114 (6),
3938.27 (4m) and (6), 938.273 (2), 971.095 (3) and 972.14 (3) (b).
SB57, s. 86 4Section 86. 950.04 (1v) (gm) of the statutes is amended to read:
SB57,30,95 950.04 (1v) (gm) To have reasonable attempts made to notify the victim of an
6offender who submits a petition
petitions for sentence adjustment as provided under
7s. 973.195 (1r) (d), an offender who applies for release to extended supervision under
8s. 302.113 (2) (b), 302.1135, or 304.06 (1), or an offender who applies for a reduction
9under s. 973.01 (4m)
or 973.198.
SB57, s. 87 10Section 87. 950.04 (1v) (nt) of the statutes is amended to read:
SB57,30,1311 950.04 (1v) (nt) To attend a hearing on a petition for modification of a
12bifurcated sentence and provide a statement concerning modification of the
13bifurcated sentence, as provided under s. 302.1135 (4) 302.113 (9g) (d).
SB57, s. 88 14Section 88. 973.01 (3d) of the statutes is repealed.
SB57, s. 89 15Section 89. 973.01 (4) of the statutes is amended to read:
SB57,30,2216 973.01 (4) Extension No good time; extension or reduction of term of
17imprisonment.
A person sentenced to a bifurcated sentence under sub. (1) shall serve
18the term of confinement in prison portion of the sentence without reduction for good
19behavior. The term of confinement in prison portion is subject to extension under s.
20302.113 (3) and, if applicable, to reduction under s. 302.045 (3m), 302.05 (3) (c) 2. a.,
21302.113 (9g), or 973.195 (1r), or adjustment under s. 302.113 (2) (b), 302.1135 (6) (a),
22or 304.06 (1)
or 973.198.
SB57, s. 90 23Section 90. 973.01 (4m) of the statutes is repealed.
SB57, s. 91 24Section 91. 973.01 (7) of the statutes is amended to read:
SB57,31,5
1973.01 (7) Discharge No discharge. The department of corrections shall may
2not
discharge a person who is serving a bifurcated sentence from custody, control and
3supervision when until the person has served the entire bifurcated sentence, as
4modified under sub. (4m) or s. 302.113 (2) (b) or (9h), 302.1135, or 304.06 (1), if
5applicable
.
SB57, s. 92 6Section 92. 973.031 of the statutes is repealed.
SB57, s. 93 7Section 93. 973.09 (3) (d) of the statutes is repealed.
SB57, s. 94 8Section 94. 973.195 (1r) (a) of the statutes is amended to read:
SB57,31,159 973.195 (1r) (a) An Except as provided in s. 973.198, an inmate who is serving
10a sentence imposed under s. 973.01 before October 1, 2009, for a crime other than a
11Class B felony may petition the sentencing court to adjust the sentence if the inmate
12has served at least the applicable percentage of the term of confinement in prison
13portion of the sentence. If an inmate is subject to more than one sentence imposed
14under this section, the sentences shall be treated individually for purposes of
15sentence adjustment under this subsection.
SB57, s. 95 16Section 95. 973.195 (1r) (j) of the statutes is repealed.
SB57, s. 96 17Section 96. 973.198 of the statutes is created to read:
SB57,31,23 18973.198 Sentence adjustment; positive adjustment time. (1) Subject to
19sub. (2), an inmate who is serving a sentence imposed under s. 973.01 on or after
20October 1, 2009, but before the effective date of this subsection .... [LRB inserts date],
21and who has earned positive adjustment time under s. 302.113, 2009 stats., or under
22s. 304.06, 2009 stats., may petition the sentencing court to adjust the sentence under
23this section.
SB57,32,4 24(2) When the department of corrections determines that an inmate has served
25the confinement portion of his or her sentence less positive adjustment time earned

1between October 1, 2009, and the effective date of this subsection .... [LRB inserts
2date], the inmate may petition the sentencing court to adjust his or her sentence
3based on the number of days of positive adjustment time the inmate claims that he
4or she has earned.
SB57,32,7 5(3) Within 60 days of receipt of a petition filed under sub. (2), the sentencing
6court shall either deny the petition or hold a hearing and issue an order relating to
7the inmate's sentence adjustment and release to extended supervision.
SB57,32,10 8(4) At the hearing under sub. (3), the court may consider the inmate's conduct
9in prison, his or her level of risk of reoffending, based on a verified, objective
10instrument, and the nature of the offense committed by the inmate.
SB57,32,15 11(5) If the court determines that the inmate has earned positive adjustment
12time, the court may reduce the term of confinement in prison by the amount of time
13remaining in the term of confinement in prison portion of the sentence, less up to 30
14days, and shall lengthen the term of extended supervision so that the total length of
15the bifurcated sentence originally imposed does not change.
SB57,32,17 16(6) An inmate who submits a petition under this section may not apply for
17adjustment of the same sentence under s. 973.195.
SB57, s. 97 18Section 97. 974.07 (4) (b) of the statutes is amended to read:
SB57,33,219 974.07 (4) (b) Notwithstanding the limitation on the disclosure of mailing
20addresses from completed information cards submitted by victims under ss. 51.37
21(10) (dx), 301.046 (4) (d), 301.048 (4m) (d), 301.38 (4), 302.105 (4), 304.06 (1) (f),
22304.063 (4), 938.51 (2), 971.17 (6m) (d), and 980.11 (4), the department of corrections,
23the earned release review parole commission, and the department of health services
24shall, upon request, assist clerks of court in obtaining information regarding the

1mailing address of victims for the purpose of sending copies of motions and notices
2of hearings under par. (a).
SB57, s. 98 3Section 98. 976.03 (23) (c) of the statutes is amended to read:
SB57,33,154 976.03 (23) (c) The application shall be verified by affidavit, shall be executed
5in duplicate and shall be accompanied by 2 certified copies of the indictment
6returned, or information and affidavit filed, or of the complaint made to a judge,
7stating the offense with which the accused is charged, or of the judgment of
8conviction or of the sentence. The prosecuting officer, earned release review parole
9commission, warden or sheriff may also attach such further affidavits and other
10documents in duplicate as he, she or it deems proper to be submitted with the
11application. One copy of the application, with the action of the governor indicated
12by endorsement thereon, and one of the certified copies of the indictment, complaint,
13information and affidavits, or of the judgment of conviction or of the sentence shall
14be filed in the office of the governor to remain of record in that office. The other copies
15of all papers shall be forwarded with the governor's requisition.
SB57, s. 99 16Section 99. 977.05 (4) (jm) of the statutes is amended to read:
SB57,33,2217 977.05 (4) (jm) At the request of an inmate determined by the state public
18defender to be indigent or upon referral of the department of corrections a court
19under s. 302.1135 (10) 302.113 (9g) (j), represent the inmate in proceedings for
20modification of a bifurcated sentence under s. 302.1135 before the earned release
21review commission
302.113 (9g) before a program review committee and the
22sentencing court
, if the state public defender determines the case should be pursued.
SB57, s. 100 23Section 100. Initial applicability.
SB57,34,324 (1) This act first applies to a person sentenced on December 31, 1999, except
25that the treatment of ss. 302.113 (1) and (2) (a) and (b) and 304.06 (1) (bg) does not

1apply to positive adjustment time earned on or after October 1, 2009, but before the
2effective date of this subsection by a person who was sentenced on or after October
31, 2009, but before the effective date of this subsection.
SB57,34,44 (End)
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