AB237: Bill Text

Current law requires DOC to send a notice to the municipal police department and the county sheriff for the area where a person who is released from prison will be residing. The bill specifies that a police chief or sheriff that receives notice that a prisoner will be residing in the police chief's or sheriff's jurisdiction after release to parole or extended supervision may release the information in the notice to members of the general public if, in the opinion of the police chief or sheriff, providing that information is necessary to protect the public.

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:

AB237,1 Section 1. 302.11 (5) of the statutes is amended to read:

AB237,3,3 302.11 (5) Before a person is released on parole under this section, the department shall so notify the municipal police department and the county sheriff for the area where the person will be residing. The notification requirement does not apply if a municipal department or county sheriff submits to the department a written statement waiving the right to be notified. If applicable, the department shall also comply with s. 304.063. A municipal police department or county sheriff that receives notice under this subsection may disseminate the information in the notice to members of the general public if, in the opinion of the police chief or sheriff, providing that information is necessary to protect the public.

AB237,2 Section 2. 302.113 (6) of the statutes is amended to read:

AB237,3,13 302.113 (6) Before a person is released to extended supervision under this section, the department shall notify the municipal police department and the county sheriff for the area where the person will be residing. The notification requirement does not apply if a municipal department or county sheriff submits to the department a written statement waiving the right to be notified. If applicable, the department shall also comply with s. 304.063. A municipal police department or county sheriff that receives notice under this subsection may disseminate the information in the notice to members of the general public if, in the opinion of the police chief or sheriff, providing that information is necessary to protect the public.

AB237,3 Section 3. 302.113 (9g) (cd) of the statutes is created to read:

AB237,3,19 302.113 (9g) (cd) An inmate who submits a petition under par. (c) shall submit to a psychological examination by a licensed physician, licensed psychologist, or other mental health professional. The licensed physician, licensed psychologist, or other mental health professional shall provide a report on the evaluation to the program review committee.

AB237,4 Section 4. 302.113 (9g) (cm) of the statutes is amended to read:

AB237,4,5 302.113 (9g) (cm) If, after receiving the petition under par. (c) and after reviewing the report under par. (cd), the program review committee determines that the public interest would be served by a modification of the inmate's bifurcated sentence in the manner provided under par. (f), the committee shall approve the petition for referral to the sentencing court and notify the department of its approval. The department shall then refer the inmate's petition to the sentencing court and request the court to conduct a hearing on the petition. If the program review committee determines that the public interest would not be served by a modification of the inmate's bifurcated sentence in the manner specified in par. (f), the committee shall deny the inmate's petition.

AB237,5 Section 5. 302.113 (9g) (d) of the statutes is amended to read:

AB237,4,18 302.113 (9g) (d) When a court is notified by the department that it is referring to the court an inmate's petition for modification of the inmate's bifurcated sentence, the court shall schedule a hearing to determine whether the public interest would be served by a modification of the inmate's bifurcated sentence in the manner specified in par. (f). The inmate and the district attorney have the right to be present at the hearing, and any victim of the inmate's crime has the right to be present at the hearing and to provide a an oral statement concerning the modification of the inmate's bifurcated sentence. The court shall allow any victim making a statement under this paragraph to use visual aids. The court shall order such notice of the hearing date as it considers adequate to be given to the department, the inmate, the attorney representing the inmate, if applicable, and the district attorney. Victim notification shall be provided as specified under par. (g).

AB237,6 Section 6 . 302.113 (9g) (g) 2. of the statutes is amended to read:

AB237,5,5 302.113 (9g) (g) 2. When a court schedules a hearing under par. (d), the clerk of the circuit court shall send a notice of hearing to the victim of the crime committed by the inmate, if the victim has submitted a card under subd. 3. requesting notification. The notice shall inform the victim that he or she may appear at the hearing scheduled under par. (d) and shall inform the victim of the manner in which he or she may provide a an oral statement concerning the modification of the inmate's bifurcated sentence in the manner provided in par. (f). The court shall allow any victim making a statement under this subdivision to use visual aids. The clerk of the circuit court shall make a reasonable attempt to send the notice of hearing to the last-known address of the inmate's victim, postmarked at least 10 days before the date of the hearing.

AB237,7 Section 7. 302.114 (5) (bm) of the statutes is created to read:

AB237,5,12 302.114 (5) (bm) An inmate who submits a petition under par. (a) shall submit to a psychological examination by a licensed physician, licensed psychologist, or other mental health professional. The licensed physician, licensed psychologist, or other mental health professional shall provide a report on the evaluation to the court. The court shall consider the report in determining whether to release the inmate to extended supervision under this section.

AB237,8 Section 8. 302.114 (5) (c) of the statutes is amended to read:

AB237,5,19 302.114 (5) (c) Before deciding whether to grant or deny the inmate's petition, the court shall allow a victim, as defined in s. 950.02 (4), to make a an oral statement or submit a written statement concerning the release of the inmate to extended supervision. The court may allow any other person to make or submit a statement under this paragraph. Any statement under this paragraph must be relevant to the release of the inmate to extended supervision and may include the use of visual aids.

AB237,9 Section 9. 302.114 (7) of the statutes is amended to read:

AB237,6,4 302.114 (7) Before a person is released to extended supervision under this section, the department shall notify the municipal police department and the county sheriff for the area where the person will be residing. The notification requirement does not apply if a municipal department or county sheriff submits to the department a written statement waiving the right to be notified. If applicable, the department shall also comply with s. 304.063. A municipal police department or county sheriff that receives notice under this subsection may disseminate the information in the notice to members of the general public if, in the opinion of the police chief or sheriff, providing that information is necessary to protect the public.

AB237,10 Section 10. 304.06 (1) (eg) of the statutes is amended to read:

AB237,6,10 304.06 (1) (eg) The parole commission 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 an oral statement at that interview or hearing. The parole commission shall permit a person who is making a statement under this paragraph to use visual aids.

AB237,11 Section 11. 304.06 (1) (g) of the statutes is amended to read:

AB237,6,21 304.06 (1) (g) Before a person is released on parole under this subsection, the parole commission 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 a written statement waiving the right to be notified. If applicable, the department shall also comply with s. 304.063. A municipal police department or county sheriff that receives notice under this paragraph may disseminate the information in the notice to members of the general public if, in the opinion of the police chief or sheriff, providing that information is necessary to protect the public.

AB237,12 Section 12. 304.06 (2d) of the statutes is created to read:

AB237,7,4 304.06 (2d) No prisoner may be paroled under this section unless a licensed physician, licensed psychologist, or other mental health professional performs a psychological evaluation of the prisoner. The licensed physician, licensed psychologist, or other mental health professional shall provide a report on the evaluation to the parole commission. The parole commission shall consider the results of the psychological evaluation in determining whether to parole the prisoner.

AB237,13 Section 13. 304.063 (3) of the statutes is amended to read:

AB237,7,8 304.063 (3) The department shall make a reasonable attempt to send the notice, postmarked at least 7 30 days before a prisoner is released on parole or extended supervision, to the last-known address of the persons under sub. (2).

AB237,14 Section 14. Initial applicability.

AB237,7,11 (1) This act first applies to a person who is eligible for parole or release to extended supervision on the effective date of this subsection.

AB237,7,12 (End)