LRB-4355/1
EAW:amn
2019 - 2020 LEGISLATURE
January 30, 2020 - Introduced by Representatives Goyke, Gruszynski, Sargent,
C. Taylor, Zamarripa, Neubauer, Anderson, Pope, Subeck, Emerson, Bowen,
Stubbs, Kolste, Crowley, Considine, L. Myers, Ohnstad and Billings,
cosponsored by Senators L. Taylor, Johnson, Larson, Risser and Smith.
Referred to Committee on Corrections.
AB830,1,6 1An Act to amend 20.410 (1) (a), 20.410 (1) (ab), 302.05 (title), 302.05 (1) (am)
2(intro.), 302.05 (1) (b), 302.05 (2), 302.05 (3) (b), 302.05 (3) (c) 2. (intro.) and
3302.05 (3) (d); and to create 20.410 (1) (ki), 302.05 (1) (c) and 302.05 (4) of the
4statutes; relating to: earned release upon the completion of a training
5program, reporting on the aging and elderly prison population, and making an
6appropriation.
Analysis by the Legislative Reference Bureau
This bill adds inmates who complete a vocational readiness training program
while incarcerated to the earned release program. Under current law, if an eligible
inmate successfully completes a substance abuse treatment program, the inmate
becomes eligible for parole or release to extended supervision regardless of the time
the inmate has served. Under the bill, an inmate may become eligible for parole or
release to extended supervision regardless of the time the inmate has served if, while
incarcerated, he or she successfully completes an educational, vocational, treatment,
or other qualifying training program that is evidence-based to reduce recidivism.
Under the bill, an inmate may qualify to participate in the earned release program
if he or she is incarcerated for a crime other than a violent crime and if the
Department of Corrections or the sentencing court determines that the inmate is
eligible.
This bill requires DOC to prepare an annual report on the program, including
data on participation and rates of recidivism of participants and the cost savings that

resulted from the program. Under the bill, DOC is required to use the cost savings
to fund educational, vocational, treatment, or other qualifying programs.
This bill also requires DOC to prepare a report on the aging and elderly
population in Wisconsin's prisons and to evaluate possible options for alternatives
to prison for that population.
For further information see the state 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:
AB830,1 1Section 1. 20.410 (1) (a) of the statutes is amended to read:
AB830,2,72 20.410 (1) (a) General program operations. The amounts in the schedule to
3operate institutions and provide field services and administrative services. No
4payments may be made under this paragraph for payments in accordance with other
5states party to the interstate corrections compact under s. 302.25. Annually, there
6is transferred from this appropriation account to the appropriation account under
7par. (ki) the cost savings reported under s. 302.05 (4) (b) 4.
AB830,2 8Section 2. 20.410 (1) (ab) of the statutes is amended to read:
AB830,2,159 20.410 (1) (ab) Corrections contracts and agreements. The amounts in the
10schedule for payments made in accordance with contracts entered into under ss.
11301.21, 302.25, and 302.27 (1), contracts entered into with the federal government
12under 18 USC 5003, and intra-agency agreements relating to the placement of
13prisoners. Annually, there is transferred from this appropriation account to the
14appropriation account under par. (ki) the cost savings reported under s. 302.05 (4)
15(b) 4.
AB830,3 16Section 3. 20.410 (1) (ki) of the statutes is created to read:
AB830,3,3
120.410 (1) (ki) Training programs for inmates. All moneys transferred from the
2appropriation accounts under pars. (a) and (ab) to provide vocational readiness
3training programs that qualify for the earned release program under s. 302.05.
AB830,4 4Section 4 . 302.05 (title) of the statutes is amended to read:
AB830,3,6 5302.05 (title) Wisconsin substance abuse program earned release
6program
.
AB830,5 7Section 5 . 302.05 (1) (am) (intro.) of the statutes is amended to read:
AB830,3,158 302.05 (1) (am) (intro.) The department of corrections and the department of
9health services may designate a section of a mental health institute as a correctional
10treatment facility for the treatment of substance abuse use disorder of inmates
11transferred from Wisconsin state prisons. This section shall be administered by the
12department of corrections and shall be known as the Wisconsin substance abuse

13program. The department of corrections and the department of health services shall
14ensure that the residents at the institution and the residents in the substance abuse
15use disorder program:
AB830,6 16Section 6 . 302.05 (1) (b) of the statutes is amended to read:
AB830,3,2017 302.05 (1) (b) The department of corrections and the department of health
18services shall, at any correctional facility the departments determine is appropriate,
19provide a substance abuse use disorder treatment program for inmates for the
20purposes of the program described in sub. (3).
AB830,7 21Section 7 . 302.05 (1) (c) of the statutes is created to read:
AB830,3,2422 302.05 (1) (c) 1. In this paragraph, “vocational readiness training program”
23means an educational, vocational, treatment, or other evidence-based training
24program to reduce recidivism.
AB830,4,3
12. The department shall, at any correctional facility the department
2determines is appropriate, provide vocational readiness training programs for the
3purposes of the program described in sub. (3).
AB830,8 4Section 8 . 302.05 (2) of the statutes is amended to read:
AB830,4,65 302.05 (2) Transfer to a correctional treatment facility for the treatment of
6substance abuse use disorder shall be considered a transfer under s. 302.18.
AB830,9 7Section 9 . 302.05 (3) (b) of the statutes is amended to read:
AB830,4,168 302.05 (3) (b) Except as provided in par. (d), if the department determines that
9an eligible inmate serving a sentence other than one imposed under s. 973.01 has
10successfully completed a substance use disorder treatment program described in
11sub. (1) (b) or a vocational readiness training program described in sub. (1) (c), the
12parole commission shall parole the inmate for that sentence under s. 304.06,
13regardless of the time the inmate has served. If the parole commission grants parole
14under this paragraph for the completion of a substance use disorder treatment
15program
, it shall require the parolee to participate in an intensive supervision
16program for drug abusers as a condition of parole.
AB830,10 17Section 10 . 302.05 (3) (c) 2. (intro.) of the statutes is amended to read:
AB830,4,2218 302.05 (3) (c) 2. (intro.) Upon being informed by the department under subd.
191. that an inmate whom the court sentenced under s. 973.01 has successfully
20completed a substance use disorder treatment program described in sub. (1) (b) or
21a vocational readiness training program described in sub. (1) (c)
, the court shall
22modify the inmate's bifurcated sentence as follows:
AB830,11 23Section 11 . 302.05 (3) (d) of the statutes is amended to read:
AB830,5,3
1302.05 (3) (d) The department may place intensive sanctions program
2participants in a treatment program described in sub. (1) (b), but pars. (b) and (c) do
3not apply to those participants.
AB830,12 4Section 12 . 302.05 (4) of the statutes is created to read:
AB830,5,55 302.05 (4) (a) In this subsection, “recidivism” means any of the following:
AB830,5,76 1. A return to prison upon revocation of extended supervision, parole, or
7probation.
AB830,5,98 2. A conviction for a crime that was committed within 3 years of release from
9confinement.
AB830,5,1410 (b) No later than June 15 of each year, the department shall submit a report
11on participation in vocational readiness training programs qualifying for earned
12release under sub. (3) to the governor, the chief clerk of each house of the legislature
13for distribution to the appropriate standing committees under s. 13.172 (3), and the
14director of state courts. The report shall include all of the following data:
AB830,5,1615 1. A list of available vocational readiness training programs and the number
16of participants in each vocational readiness training program.
AB830,5,1917 2. The number of eligible inmates who are on the wait list for participation in
18a vocational readiness training program, and the department's methodology for
19selecting participants from the wait list.
AB830,5,2420 3. The rate of recidivism among individuals who earned release through
21completion of a vocational readiness training program, and whether the recidivism
22event was return to prison upon revocation or was a conviction for a misdemeanor
23or felony. The department shall report this data by region and shall include
24demographic information.
AB830,6,4
14. An accounting of the cost savings for the preceding 12-month period that
2resulted from reduced terms of confinement in prison for participants in the earned
3release program who were released to extended supervision or parole for completion
4of a vocational readiness training program.
AB830,13 5Section 13 . Nonstatutory provisions.
AB830,6,176 (1) Report. No later than the first day of the 12th month beginning after the
7effective date of this subsection, the department of corrections shall submit a report
8to the chief clerk of each house of the legislature for distribution to the appropriate
9standing committees under s. 13.172 (3). The department shall report on the aging
10and elderly population of inmates in Wisconsin prisons, the costs of health care and
11other accommodations for that population, and trends and projections for the aging
12and elderly population and associated costs. The department shall also report on the
13feasibility, including costs and projected savings, of establishing and operating a
14state run facility for elderly inmates, the feasibility for adopting electronic
15monitoring as an alternative to incarceration for elderly inmates, and the possibility
16for eligibility for medical assistance for individuals who would qualify for
17alternatives to incarceration.
AB830,6,2018 (2) Rules. The department of corrections shall update its administrative rules
19to implement earned release for completion of a vocational readiness training
20program under s. 302.05 (3).
AB830,6,2121 (End)
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