LRB-2609/1
MJW:emw
2023 - 2024 LEGISLATURE
April 20, 2023 - Introduced by Joint Legislative Council. Referred to Committee
on Corrections.
AB181,1,6 1An Act to renumber and amend 302.05 (3) (e); to amend 302.05 (title), 302.05
2(1) (am) (intro.), 302.05 (1) (b), 302.05 (2), 302.05 (3) (b), 302.05 (3) (c) 2. (intro.),
3302.05 (3) (d), 302.113 (2) and 973.01 (4); and to create 302.05 (1) (c), 302.05
4(3) (c) 2m., 302.05 (3) (e) 2., 302.05 (4) and 302.05 (5) of the statutes; relating
5to:
earned release for inmates upon the completion of an employment readiness
6training program and granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in
the bill.
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:
Joint Legislative Council prefatory note: This bill was prepared for the
Legislative Council Study Committee on Increasing Offender Employment
Opportunities. The bill expands the current law earned release program to also apply to
inmates who complete an employment readiness training program.
Current law allows eligible inmates to earn early release to extended supervision
or parole if they complete a substance abuse program. Inmates are generally eligible for

early release to supervision under the program if they meet the following conditions: (1)
the individual is serving time for a crime other than a specified violent crime; (2) the
sentencing court deems the individual eligible; and (3) the individual successfully
completes a Department of Corrections (DOC) substance abuse treatment program.
An inmate who completes the earned release program will have his or her sentence
modified by a court to convert remaining confinement time in prison to supervised time
in the community. The program allows for early release while maintaining the total
length of an individual's sentence. Presently, the earned release program is only available
to inmates with substance abuse needs who complete substance abuse programs, and not
to those who earn educational credentials or complete job training programs. Under
current law, an individual is deemed eligible or ineligible for the earned release program
at the time the individual is initially sentenced.
The bill expands the earned release program to also apply to eligible inmates who
complete an employment readiness training program (ERTP) pursuant to DOC
administrative rules. An “employment readiness training program” is an education, job
training, employment, or other equivalent evidence-based program intended to lead to
employment and reduce recidivism. An inmate cannot be released from confinement after
completing an ERTP until the individual has served at least two-thirds of the
confinement in prison portion of his or her bifurcated sentence.
The bill permits eligible inmates serving bifurcated sentences to petition the
sentencing court for ERTP eligibility at any point after sentencing, if the inmate has DOC
approval. Under the bill, DOC must prepare biennial reports providing data on the
number of individuals deemed eligible for the earned release program but who have not
yet begun programming, program enrollments and completions, recidivism rates for
those granted early release to supervision, and cost savings resulting from reduced
confinement time. The bill directs DOC to promulgate administrative rules for
implementation of the earned release program, but delays the statutory changes to the
program for one year.
AB181,1 1Section 1 . 302.05 (title) of the statutes is amended to read:
AB181,2,3 2302.05 (title) Wisconsin substance abuse program earned release
3program
.
AB181,2 4Section 2 . 302.05 (1) (am) (intro.) of the statutes is amended to read:
AB181,2,125 302.05 (1) (am) (intro.) The department of corrections and the department of
6health services may designate a section of a mental health institute as a correctional
7treatment facility for the treatment of substance abuse use disorder of inmates
8transferred from Wisconsin state prisons. This section shall be administered by the
9department of corrections and shall be known as the Wisconsin substance abuse

10program. The department of corrections and the department of health services shall
11ensure that the residents at the institution and the residents in the substance abuse
12use disorder program:
AB181,3
1Section 3. 302.05 (1) (b) of the statutes is amended to read:
AB181,3,52 302.05 (1) (b) The department of corrections and the department of health
3services shall, at any correctional facility the departments determine is appropriate,
4provide a substance abuse use disorder treatment program for inmates for the
5purposes of the program described in sub. (3).
AB181,4 6Section 4 . 302.05 (1) (c) of the statutes is created to read:
AB181,3,97 302.05 (1) (c) 1. In this paragraph, “employment readiness training program”
8means an educational, job training, employment, or other equivalent
9evidence-based program intended to lead to employment and reduce recidivism.
AB181,3,1210 2. The department shall, at any correctional facility the department
11determines is appropriate, provide employment readiness training programs for the
12purposes of the program described in sub. (3).
AB181,5 13Section 5 . 302.05 (2) of the statutes is amended to read:
AB181,3,1514 302.05 (2) Transfer to a correctional treatment facility for the treatment of
15substance abuse use disorder shall be considered a transfer under s. 302.18.
AB181,6 16Section 6 . 302.05 (3) (b) of the statutes is amended to read:
AB181,3,2517 302.05 (3) (b) Except as provided in par. (d), if the department determines that
18an eligible inmate serving a sentence other than one imposed under s. 973.01 has
19successfully completed a substance use disorder treatment program described in
20sub. (1) (am) or (b) or an employment readiness training program described in sub.
21(1) (c)
, the parole commission shall parole the inmate for that sentence under s.
22304.06, regardless of the time the inmate has served. If the parole commission grants
23parole under this paragraph for the completion of a substance use disorder treatment
24program
, it shall require the parolee to participate in an intensive supervision
25program for drug abusers as a condition of parole.
AB181,7
1Section 7. 302.05 (3) (c) 2. (intro.) of the statutes is amended to read:
AB181,4,52 302.05 (3) (c) 2. (intro.) Upon being informed by the department under subd.
31. that an inmate whom the court sentenced under s. 973.01 has successfully
4completed a substance use disorder treatment program described in sub. (1) (am) or
5(b)
, the court shall modify the inmate's bifurcated sentence as follows:
AB181,8 6Section 8. 302.05 (3) (c) 2m. of the statutes is created to read:
AB181,4,107 302.05 (3) (c) 2m. Upon being informed by the department under subd. 1. that
8an inmate whom the court sentenced under s. 973.01 has successfully completed an
9employment readiness training program described in sub. (1) (c), the court shall
10modify the inmate's bifurcated sentence as follows:
AB181,4,1711 a. The court shall reduce the term of confinement in prison portion of the
12inmate's bifurcated sentence in a manner that provides for the release of the inmate
13to extended supervision either within 30 days of the date on which the court receives
14the information from the department under subd. 1. or on a date that reduces the
15confinement in prison portion of the inmate's bifurcated sentence by one third of the
16total confinement in prison portion of the inmate's bifurcated sentence, whichever
17is later.
AB181,4,1918 b. The court shall lengthen the term of extended supervision imposed so that
19the total length of the bifurcated sentence originally imposed does not change.
AB181,9 20Section 9 . 302.05 (3) (d) of the statutes is amended to read:
AB181,4,2321 302.05 (3) (d) The department may place intensive sanctions program
22participants in a treatment program described in sub. (1) (am) or (b), but pars. (b) and
23(c) do not apply to those participants.
AB181,10 24Section 10. 302.05 (3) (e) of the statutes is renumbered 302.05 (3) (e) 1. and
25amended to read:
AB181,5,13
1302.05 (3) (e) 1. If an inmate is serving the term of confinement portion of a
2bifurcated sentence imposed under s. 973.01, the sentence was imposed before July
326, 2003, and the inmate satisfies the criteria under par. (a) 1., the inmate may, with
4the department's approval, petition the sentencing court to determine whether he or
5she is eligible or ineligible to participate in the earned release program under this
6subsection
a substance use disorder treatment program described in sub. (1) (am) or
7(b)
during the term of confinement. The inmate shall serve a copy of the petition on
8the district attorney who prosecuted him or her, and the district attorney may file a
9written response. The court shall exercise its discretion in granting or denying the
10inmate's petition but must do so no later than 90 days after the inmate files the
11petition. If the court determines under this paragraph subdivision that the inmate
12is eligible to participate in the earned release substance use disorder treatment
13program, the court shall inform the inmate of the provisions of par. (c).
AB181,11 14Section 11. 302.05 (3) (e) 2. of the statutes is created to read:
AB181,6,215 302.05 (3) (e) 2. Notwithstanding a previous finding of ineligibility under s.
16973.01 (3g), if an inmate is serving the term of confinement portion of a bifurcated
17sentence imposed under s. 973.01 and the inmate satisfies the criteria under par. (a)
181., the inmate may, at any time, with the department's approval, petition the
19sentencing court to determine whether he or she is eligible to participate in an
20employment readiness training program described in sub. (1) (c) during the term of
21confinement. The inmate shall serve a copy of the petition on the district attorney
22who prosecuted him or her, and the district attorney may file a written response. The
23court shall exercise its discretion in granting or denying the inmate's petition but
24must do so no later than 90 days after the inmate files the petition. If the court
25determines under this subdivision that the inmate is eligible to participate in the

1employment readiness training program, the court shall inform the inmate of the
2provisions of par. (c).
AB181,12 3Section 12 . 302.05 (4) of the statutes is created to read:
AB181,6,114 302.05 (4) On or before October 15 of each even-numbered year, the
5department shall submit a report on substance use disorder treatment programs
6provided under sub. (1) (am) and (b) in which participants qualified for earned
7release under sub. (3) and a report on employment readiness training programs
8provided under sub. (1) (c) in which participants qualified for earned release under
9sub. (3) to the governor, the chief clerk of each house of the legislature for distribution
10to the appropriate standing committees under s. 13.172 (3), and the director of state
11courts. The reports shall include all of the following data:
AB181,6,1312 (a) The number of individuals who have been determined to be eligible but who
13have not yet begun programming on the last day of each month in the report period.
AB181,6,1514 (b) The total number of enrollments into the earned release programs and total
15number of completions in the report period.
AB181,6,2016 (c) Recidivism rates, including rearrest, reconviction, and reincarceration
17rates, and the reasons for reincarceration for those who completed the programs and
18were granted early release under an earned release program. Recidivism rates shall
19be calculated only for individuals who have been released from prison for at least one
20year.
AB181,6,2321 (d) An accounting of the cost savings for the preceding 24-month period that
22resulted from reduced terms of confinement in prison for participants for completion
23of an earned release program.
AB181,13 24Section 13 . 302.05 (5) of the statutes is created to read:
AB181,7,2
1302.05 (5) The department shall promulgate rules necessary to implement the
2earned release program under this section.
AB181,14 3Section 14 . 302.113 (2) of the statutes is amended to read:
AB181,7,84 302.113 (2) Except as provided in subs. (3) and (9), an inmate subject to this
5section is entitled to release to extended supervision after he or she has served the
6term of confinement in prison portion of the sentence imposed under s. 973.01, as
7modified by the sentencing court under sub. (9g) or s. 302.045 (3m) (b) 1., 302.05 (3)
8(c) 2. a. or 2m. a., 973.195 (1r), or 973.198, if applicable.
AB181,15 9Section 15. 973.01 (4) of the statutes is amended to read:
AB181,7,1510 973.01 (4) No good time; extension or reduction of term of imprisonment. A
11person sentenced to a bifurcated sentence under sub. (1) shall serve the term of
12confinement in prison portion of the sentence without reduction for good behavior.
13The term of confinement in prison portion is subject to extension under s. 302.113 (3)
14and, if applicable, to reduction under s. 302.045 (3m), 302.05 (3) (c) 2. a. or 2m. a.,
15302.113 (9g), 973.195 (1r), or 973.198.
AB181,16 16Section 16. Effective date.
AB181,7,1817 (1) This act takes effect on the first day of the 13th month beginning after
18publication.
AB181,7,1919 (End)
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