AB64: Bill Text

AB64,1849 Section 1849. 301.03 (3) (intro.) of the statutes is amended to read:

AB64,810,18 301.03 (3) (intro.) Administer Decide whether to grant or deny parole to inmates, and administer parole, extended supervision, and probation matters, except that the decision to grant or deny parole to inmates shall be made by the parole commission and the decision to revoke probation, extended supervision, or parole, in cases in which there is no waiver of the right to a hearing, shall be made by the division of hearings and appeals in the department of administration. The secretary may grant special action parole releases under s. 304.02. The department shall promulgate rules to do all of the following:

AB64,1850 Section 1850. 301.048 (2) (am) 3. of the statutes is amended to read:

AB64,810,22 301.048 (2) (am) 3. The parole commission grants him or her He or she is granted parole under s. 304.06 and requires his or her participation in the program is required as a condition of parole under s. 304.06 (1x).

AB64,1851 Section 1851. 301.16 (1r) of the statutes is amended to read:

AB64,811,6 301.16 (1r) In addition to the institutions under sub. (1), the department shall establish a medium security correctional institution for persons 15 years of age or over, but not more than 24 years of age, who have been placed in a state prison under s. 302.01. The medium security correctional institution under this subsection shall be known as the Racine Youthful Offender Correctional Facility and shall be located at the intersection of Albert Street and North Memorial Drive in the city of Racine. The department shall limit the number of prisoners who may be placed at the Racine Youthful Offender Correctional Facility to no more than 450 500 at any one time.

AB64,1852 Section 1852. 301.21 (1m) (c) of the statutes is amended to read:

AB64,811,10 301.21 (1m) (c) Any hearing to consider parole to which an inmate confined under this contract may be entitled by the laws of Wisconsin will be conducted by the Wisconsin parole commission under rules of the department.

AB64,1853 Section 1853. 301.21 (2m) (c) of the statutes is amended to read:

AB64,811,14 301.21 (2m) (c) Any hearing to consider parole to which a prisoner confined under a contract under this subsection may be entitled by the laws of Wisconsin shall be conducted by the Wisconsin parole commission under rules of the department.

AB64,1854 Section 1854. 301.26 (4) (d) 2. of the statutes, as affected by 2015 Wisconsin Act 55, section 4270, is repealed and recreated to read:

AB64,811,20 301.26 (4) (d) 2. Beginning on July 1, 2017, and ending on June 30, 2018, the per person daily cost assessment to counties shall be $344 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and $344 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3).

AB64,1855 Section 1855. 301.26 (4) (d) 3. of the statutes, as affected by 2015 Wisconsin Act 55, section 4272, is repealed and recreated to read:

AB64,812,2 301.26 (4) (d) 3. Beginning on July 1, 2018, and ending on June 30, 2019, the per person daily cost assessment to counties shall be $352 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and $352 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3).

AB64,1856 Section 1856. 302.045 (3) of the statutes is amended to read:

AB64,812,11 302.045 (3) Parole eligibility. Except as provided in sub. (4), if the department determines that an inmate serving a sentence other than one imposed under s. 973.01 has successfully completed the challenge incarceration program, the parole commission department shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served. When the parole commission department grants parole under this subsection, it must require the parolee to participate in an intensive supervision program for drug abusers as a condition of parole.

AB64,1857 Section 1857. 302.05 (3) (b) of the statutes is amended to read:

AB64,812,19 302.05 (3) (b) Except as provided in par. (d), if the department determines that an eligible inmate serving a sentence other than one imposed under s. 973.01 has successfully completed a treatment program described in sub. (1), the parole commission department shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served. If the parole commission department grants parole under this paragraph, it shall require the parolee to participate in an intensive supervision program for drug abusers as a condition of parole.

AB64,1858 Section 1858. 302.11 (1g) (b) (intro.) of the statutes is amended to read:

AB64,813,3 302.11 (1g) (b) (intro.) Before an incarcerated inmate with a presumptive mandatory release date reaches the presumptive mandatory release date specified under par. (am), the parole commission department shall proceed under s. 304.06 (1) to consider whether to deny presumptive mandatory release to the inmate. If the parole commission department does not deny presumptive mandatory release, the inmate shall be released on parole. The parole commission department may deny presumptive mandatory release to an inmate only on one or more of the following grounds:

AB64,1859 Section 1859. 302.11 (1g) (b) 2. of the statutes is amended to read:

AB64,813,11 302.11 (1g) (b) 2. Refusal by the inmate to participate in counseling or treatment that the social service and clinical staff of the institution determines is necessary for the inmate, including pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen if the inmate is a serious child sex offender as defined in s. 304.06 (1q) (a). The parole commission department may not deny presumptive mandatory release to an inmate because of the inmate's refusal to participate in a rehabilitation program under s. 301.047.

AB64,1860 Section 1860. 302.11 (1g) (c) of the statutes is amended to read:

AB64,813,16 302.11 (1g) (c) If the parole commission department denies presumptive mandatory release to an inmate under par. (b), the parole commission department shall schedule regular reviews of the inmate's case to consider whether to parole the inmate under s. 304.06 (1).

AB64,1861 Section 1861. 302.11 (1g) (d) of the statutes is amended to read:

AB64,813,20 302.11 (1g) (d) An inmate may seek review of a decision by the parole commission department relating to the denial of presumptive mandatory release only by the common law writ of certiorari.

AB64,1862 Section 1862. 302.11 (1m) of the statutes is amended to read:

AB64,813,24 302.11 (1m) An inmate serving a life term is not entitled to mandatory release. Except as provided in ss. 939.62 (2m) (c) and 973.014, the parole commission department may parole the inmate as specified in s. 304.06 (1).

AB64,1863 Section 1863. 302.11 (7) (c) of the statutes is amended to read:

AB64,814,3 302.11 (7) (c) The parole commission department may subsequently parole, under s. 304.06 (1), and the department may subsequently parole, under s. 304.02 or 304.06 (1), a parolee who is returned to prison for violation of a condition of parole.

AB64,1864 Section 1864. 302.27 of the statutes is renumbered 302.27 (1) and amended to read:

AB64,814,11 302.27 (1) The department may contract with local governments for temporary housing or detention in county jails or county houses of correction for persons placed on probation or sentenced to imprisonment in state prisons or to the intensive sanctions program. The rate under any such contract may not exceed $60 per person per day. Nothing in this section subsection limits the authority of the department to place persons in jails under s. 301.048 (3) (a) 1.

AB64,1865 Section 1865. 302.27 (2) of the statutes is created to read:

AB64,814,18 302.27 (2) Inmates who are assigned to detention in a county jail under sub. (1) may be eligible to participate in employment-related programs under s. 303.08 (1) (a), (b), (bn), and (d). The sheriff, in conjunction with the department, shall determine inmate eligibility to participate in employment-related programs and may terminate program participation or return an inmate to state facilities, or both, at any time.

AB64,1866 Section 1866. 304.01 (title) of the statutes is amended to read:

AB64,814,21 304.01 (title) Parole commission and commission chairperson; general duties.

AB64,1867 Section 1867. 304.01 (1) of the statutes is amended to read:

AB64,814,25 304.01 (1) The chairperson of the parole commission shall administer and supervise the commission and its activities and director of parole shall be the final parole-granting authority, except as provided in s. 304.02.

AB64,1868 Section 1868. 304.01 (2) (intro.) of the statutes is renumbered 304.01 (2) and amended to read:

AB64,815,8 304.01 (2) The parole commission department shall conduct regularly scheduled interviews to consider the parole of eligible inmates of the adult correctional institutions under the control of the department of corrections, eligible inmates transferred under ch. 51 and under the control of the department of health services and eligible inmates in any county house of correction. The department of corrections shall provide all of the following to the parole commission:

AB64,1869 Section 1869. 304.01 (2) (a) of the statutes is repealed.

AB64,1870 Section 1870. 304.01 (2) (b) of the statutes is repealed.

AB64,1871 Section 1871. 304.01 (2) (c) of the statutes is repealed.

AB64,1872 Section 1872. 304.01 (2) (d) of the statutes is repealed.

AB64,1873 Section 1873. 304.06 (1) (b) of the statutes is amended to read:

AB64,816,4 304.06 (1) (b) Except as provided in s. 961.49 (2), 1999 stats., sub. (1m) or s. 302.045 (3), 302.05 (3) (b), 973.01 (6), or 973.0135, the parole commission department may parole an inmate of the Wisconsin state prisons or any felon or any person serving at least one year or more in a county house of correction or a county reforestation camp organized under s. 303.07, when he or she has served 25 percent of the sentence imposed for the offense, or 6 months, whichever is greater. Except as provided in s. 939.62 (2m) (c) or 973.014 (1) (b) or (c), (1g) or (2), the parole commission department may parole an inmate serving a life term when he or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject to extension under s. 302.11 (1q) and (2), if applicable. The person serving the life term shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary may grant special action parole releases under s. 304.02. The department or the parole commission shall not provide any convicted offender or other person sentenced to the department's custody any parole eligibility or evaluation until the person has been confined at least 60 days following sentencing.

AB64,1874 Section 1874. 304.06 (1) (c) (intro.) of the statutes is amended to read:

AB64,816,8 304.06 (1) (c) (intro.) If an inmate applies for parole under this subsection, the parole commission department shall make a reasonable attempt to notify the following, if they can be found, in accordance with par. (d):

AB64,1875 Section 1875. 304.06 (1) (d) 1. of the statutes is amended to read:

AB64,816,19 304.06 (1) (d) 1. The notice under par. (c) shall inform the offices and persons under par. (c) 1. to 3. of the manner in which they may provide written statements under this subsection, shall inform persons under par. (c) 3. of the manner in which they may attend interviews or hearings and make statements under par. (eg) and shall inform persons under par. (c) 3. who are victims, or family members of victims, of crimes specified in s. 940.01, 940.03, 940.05, 940.225 (1), (2), or (3), 948.02 (1) or (2), 948.025, 948.06, or 948.07 of the manner in which they may have direct input in the parole decision-making process under par. (em). The parole commission department shall provide notice under this paragraph for an inmate's first application for parole and, upon request, for subsequent applications for parole.

AB64,1876 Section 1876. 304.06 (1) (e) of the statutes is amended to read:

AB64,817,2 304.06 (1) (e) The parole commission department shall permit any office or person under par. (c) 1. to 3. to provide written statements. The parole commission department shall give consideration to any written statements provided by any such office or person and received on or before the date specified in the notice. This paragraph does not limit the authority of the parole commission department to consider other statements or information that it receives in a timely fashion.

AB64,1877 Section 1877. 304.06 (1) (eg) of the statutes is amended to read:

AB64,817,6 304.06 (1) (eg) The parole commission department shall permit any person under par. (c) 3. to attend any interview or hearing on the application for parole of an applicable inmate and to make a statement at that interview or hearing.

AB64,1878 Section 1878. 304.06 (1) (em) of the statutes is amended to read:

AB64,817,12 304.06 (1) (em) The parole commission department shall promulgate rules that provide a procedure to allow any person who is a victim, or a family member of a victim, of a crime specified in s. 940.01, 940.03, 940.05, 940.225 (1), (2), or (3), 948.02 (1) or (2), 948.025, 948.06, or 948.07 to have direct input in the decision-making process for parole.

AB64,1879 Section 1879. 304.06 (1) (f) of the statutes is amended to read:

AB64,818,4 304.06 (1) (f) The parole commission department shall design and prepare cards for persons specified in par. (c) 3. to send to the commission department. The cards shall have space for these persons to provide their names and addresses, the name of the applicable prisoner and any other information the parole commission department determines is necessary. The parole commission department shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to persons specified in par. (c) 3. These persons may send completed cards to the parole commission department. All commission department records or portions of records that relate to mailing addresses of these persons are not subject to inspection or copying under s. 19.35 (1). Before any written statement of a person specified in par. (c) 3. is made a part of the documentary record considered in connection with a parole hearing under this section, the parole commission department shall obliterate from the statement all references to the mailing addresses of the person. A person specified in par. (c) 3. who attends an interview or hearing under par. (eg) may not be required to disclose at the interview or hearing his or her mailing addresses.

AB64,1880 Section 1880. 304.06 (1) (g) of the statutes is amended to read:

AB64,818,12 304.06 (1) (g) Before a person is released on parole under this subsection, the parole commission department shall so notify the municipal police department and the county sheriff for the area where the person will be residing. The notification requirement under this paragraph does not apply if a municipal department or county sheriff submits to the parole commission department a written statement waiving the right to be notified. If applicable, the department shall also comply with s. 304.063.

AB64,1881 Section 1881. 304.06 (1m) (intro.) of the statutes is amended to read:

AB64,818,16 304.06 (1m) (intro.) The parole commission department may waive the 25 percent or 6-month service of sentence requirement under sub. (1) (b) under any of the following circumstances:

AB64,1882 Section 1882. 304.06 (1m) (b) of the statutes is amended to read:

AB64,818,20 304.06 (1m) (b) If the department recommends orders that the person be placed on parole that includes the condition under sub. (1x) and the commission orders that condition.

AB64,1883 Section 1883. 304.06 (1q) (b) of the statutes is amended to read:

AB64,819,2 304.06 (1q) (b) The parole commission or the department may require as a condition of parole that a serious child sex offender undergo pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen. This paragraph does not prohibit the department from requiring pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen as a condition of probation.

AB64,1884 Section 1884. 304.06 (1q) (c) of the statutes is amended to read:

AB64,819,9 304.06 (1q) (c) In deciding whether to grant a serious child sex offender release on parole under this subsection, the parole commission department may not consider, as a factor in making its decision, that the offender is a proper subject for pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen or that the offender is willing to participate in pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen.

AB64,1885 Section 1885. 304.06 (1x) of the statutes is amended to read:

AB64,819,14 304.06 (1x) The parole commission department may require as a condition of parole that the person is placed in the intensive sanctions program under s. 301.048. In that case, the person is in the legal custody of the department under that section and is subject to revocation of parole under sub. (3).

AB64,1886 Section 1886. 304.06 (2) of the statutes is amended to read:

AB64,819,19 304.06 (2) No prisoner under sub. (1) may be paroled until the parole commission department is satisfied that the prisoner has adequate plans for suitable employment or to otherwise sustain himself or herself. The paroled prisoner shall report to the department in such manner and at such times as it requires.

AB64,1887 Section 1887. 304.06 (2m) (d) (intro.) of the statutes is amended to read:

AB64,819,23 304.06 (2m) (d) (intro.) The parole commission or the department shall determine a prisoner's county of residence for the purposes of this subsection by doing all of the following:

AB64,1888 Section 1888. 304.06 (2m) (d) 1. of the statutes is amended to read:

AB64,820,4 304.06 (2m) (d) 1. The parole commission or the department shall consider residence as the voluntary concurrence of physical presence with intent to remain in a place of fixed habitation and shall consider physical presence as prima facie evidence of intent to remain.

AB64,1889 Section 1889. 304.06 (2m) (d) 2. of the statutes is amended to read:

AB64,820,9 304.06 (2m) (d) 2. The parole commission or the department shall apply the criteria for consideration of residence and physical presence under subd. 1. to the facts that existed on the date that the prisoner committed the serious sex offense that resulted in the sentence the prisoner is serving.

AB64,1890 Section 1890. 304.071 (1) of the statutes is amended to read:

AB64,820,24 304.071 (1) The parole commission department may at any time grant a parole to any prisoner in any penal institution of this state, or the department may at any time suspend the supervision of any person who is on probation or parole to the department, if the prisoner or person on probation or parole is eligible for induction into the U.S. armed forces. The suspension of parole or probation shall be for the duration of his or her service in the armed forces; and the parole or probation shall again become effective upon his or her discharge from the armed forces in accordance with regulations prescribed by the department. If he or she receives an honorable discharge from the armed forces, the governor may discharge him or her and the discharge has the effect of a pardon. Upon the suspension of parole or probation by the department, the department shall issue an order setting forth the conditions under which the parole or probation is suspended, including instructions as to where and when and to whom the person on parole shall report upon discharge from the armed forces.

AB64,1891 Section 1891. 323.13 (1) (g) of the statutes is created to read:

AB64,821,16 323.13 (1) (g) Notify the joint committee on finance in writing of the specific costs incurred as a result of the activation of the state emergency operations center under sub. (2) (i) for more than 36 hours. The adjutant general shall include in that notification information concerning all costs incurred for equipment and supplies obtained to assist local units of government and local law enforcement in responding to a disaster, overtime costs for division personnel, and meals for personnel staffing the emergency operations center. The requested costs shall be paid from the appropriation under s. 20.465 (3) (u) if the cochairpersons of the joint committee on finance fail to notify the adjutant general within 14 working days after the date of the adjutant general's notification under this paragraph that the committee has scheduled a meeting to review the adjutant general's request. If, within 14 working days after the date of the adjutant general's notification under this paragraph, the cochairpersons of the committee notify the adjutant general that the committee has scheduled a meeting to review the adjutant general's request, the requested costs may be paid from the appropriation under s. 20.465 (3) (u) only as approved by the committee.

AB64,1892 Section 1892. 323.13 (2) (i) of the statutes is created to read:

AB64,821,19 323.13 (2) (i) Operate a state emergency operations center during a state of emergency declared under s. 323.10.

AB64,1893 Section 1893. 323.62 of the statutes is created to read:

AB64,821,24 323.62 Mobile field force grants. From the appropriation under s. 20.465 (3) (dm), the division may award grants to Wisconsin law enforcement agencies, as defined in s. 165.77 (1) (c), to fund crowd-control training and equipment used for crowd control.

AB64,1894 Section 1894. 341.14 (6r) (b) 10. of the statutes is amended to read:

AB64,822,12 341.14 (6r) (b) 10. An additional fee of $25 that is in addition to the fee under subd. 2. shall be charged for the issuance or renewal of a plate issued on an annual basis for the special group specified under par. (f) 57. An additional fee of $50 that is in addition to the fee under subd. 2. shall be charged for the issuance or renewal of a plate issued on the biennial basis for the special group specified under par. (f) 57. if the plate is issued or renewed during the first year of the biennial registration period or $25 for the issuance or renewal if the plate is issued or renewed during the 2nd year of the biennial registration period. All moneys received under this subdivision, in excess of $27,600 for the initial costs of production of the special group plate under par. (f) 57., shall be credited to the appropriation account under s. 20.435 (1) 20.395 (5) (gi). To the extent permitted under ch. 71, the fee under this subdivision is deductible as a charitable contribution for purposes of the taxes under ch. 71.

AB64,1895 Section 1895. 341.14 (6r) (b) 11. of the statutes is amended to read: