SB70,1428,2319 302.05 (3) (c) 2. (intro.) Upon being informed by the department under subd.
201. that an inmate whom the court sentenced under s. 973.01 has successfully
21completed a substance use disorder treatment program described in sub. (1) (b) or
22a vocational readiness training program described in sub. (1) (c)
, the court shall
23modify the inmate's bifurcated sentence as follows:
SB70,2692 24Section 2692 . 302.05 (3) (d) of the statutes is amended to read:
SB70,1429,3
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.
SB70,2693 4Section 2693 . 302.05 (3) (e) of the statutes is repealed.
SB70,2694 5Section 2694 . 302.085 of the statutes is created to read:
SB70,1429,7 6302.085 Treatment of a pregnant or postpartum person. (1) Definitions.
7In this section:
SB70,1429,88 (a) “Correctional facility” has the meaning given in s. 101.123 (1) (ac).
SB70,1429,119 (b) “Doula” means a nonmedical, trained professional who provides continuous
10physical, emotional, and informational support during pregnancy, labor, birth, and
11the postpartum period.
SB70,1429,1412 (c) “Doula services" means childbirth education and support services, including
13emotional, physical, and informational support provided during pregnancy, labor,
14birth, and the postpartum period.
SB70,1429,1615 (d) “Postpartum” means the period of time following the birth of an infant to
166 months after the birth.
SB70,1429,1817 (e) “Restrain” means to use a mechanical, chemical, or other device to constrain
18the movement of a person's body or limbs.
SB70,1429,25 19(2) Restraining a pregnant person. (a) A representative of a correctional
20facility may not restrain a person known to be pregnant unless the representative
21makes an individualized determination that restraints are reasonably necessary to
22ensure safety and security of the person, the staff of the correctional facility, other
23inmates, or the public. If such a determination is made, the representative may use
24only the least restrictive effective type of restraint that is most reasonable under the
25circumstances.
SB70,1430,5
1(b) A representative of a correctional facility may not restrain a person known
2to be pregnant while the person is being transported if the restraint is through the
3use of leg irons, waist chains or other devices that cross or otherwise touch the
4person's abdomen, or handcuffs or other devices that cross or otherwise touch the
5person's wrists when affixed behind the person's back.
SB70,1430,76 (c) A representative of a correctional facility may not place a person known to
7be pregnant in solitary confinement for any punitive purpose.
SB70,1430,98 (d) A representative of a correctional facility may restrain a person who is in
9labor or who has given birth in the preceding 3 days only if all of the following apply:
SB70,1430,1310 1. There is a substantial flight risk or some other extraordinary medical or
11security circumstance that requires restraints be used to ensure the safety and
12security of the person, the staff of the correctional or medical facility, other inmates,
13or the public.
SB70,1430,1514 2. The representative has made an individualized determination that
15restraints are necessary to prevent escape or ensure safety or security.
SB70,1430,1716 3. There is no objection to the use of restraints by the treating medical care
17provider.
SB70,1430,1918 4. The restraints used are the least restrictive effective type and are used in
19the least restrictive manner.
SB70,1430,2220 (e) All staff members who may come into contact with a pregnant or postpartum
21person at any correctional facility shall receive training on the requirements of this
22subsection on an annual basis.
SB70,1430,24 23(3) Treatment of a pregnant or postpartum person. A correctional facility
24shall ensure all of the following for every person incarcerated at the facility:
SB70,1430,2525 (a) That every woman under 50 years of age is offered testing for pregnancy.
SB70,1431,2
1(b) That every pregnant person is offered testing for sexually transmitted
2infections, including HIV.
SB70,1431,43 (c) That every pregnant person who is on a methadone treatment regimen be
4provided continuing methadone treatment.
SB70,1431,75 (d) That every pregnant person and every person who has given birth in the
6past 6 weeks is provided appropriate educational materials and resources related to
7pregnancy, childbirth, breastfeeding, and parenting.
SB70,1431,118 (e) That every pregnant person and every person who has given birth in the
9past 6 weeks has access to doula services if these services are provided by a doula
10without charge to the correctional facility or the incarcerated person pays for the
11doula services.
SB70,1431,1412 (f) That every pregnant person and every person who has given birth in the past
136 months has access to a mental health assessment and, if necessary, mental health
14treatment.
SB70,1431,1715 (g) That every pregnant person and every person who has given birth in the
16past 6 months who is determined to be suffering from a mental illness has access to
17evidence-based mental health treatment including psychotropic medication.
SB70,1431,2118 (h) That every pregnant person who is determined to be suffering from
19depression and every person who has given birth in the past 6 months who is
20determined to be suffering from postpartum depression has access to
21evidence-based therapeutic care for depression.
SB70,1431,2522 (i) That every person who has given birth in the past 12 months whose body is
23producing breast milk has access to the necessary supplies and is provided an
24opportunity to express the breast milk as needed to maintain an active supply of
25breast milk.
SB70,1432,3
1(j) That every pregnant person and every person who has given birth in the past
26 months is advised orally and in writing of all applicable laws and policies governing
3an incarcerated pregnant or postpartum person.
SB70,2695 4Section 2695 . 302.11 (7) (am) of the statutes is amended to read:
SB70,1432,105 302.11 (7) (am) The reviewing authority may return a parolee released under
6sub. (1) or (1g) (b) or s. 304.02 or 304.06 (1) to prison for a period up to the remainder
7of the sentence for a violation of the conditions of parole. The remainder of the
8sentence is the entire sentence, less time served in custody prior to parole and less
9any earned compliance credit under s. 973.156
. The revocation order shall provide
10the parolee with credit in accordance with ss. 304.072 and 973.155.
SB70,2696 11Section 2696 . 302.113 (9) (ag) of the statutes is renumbered 302.113 (9) (ag)
12(intro.) and amended to read:
SB70,1432,1313 302.113 (9) (ag) (intro.) In this subsection “ reviewing:
SB70,1432,16 141. “Reviewing authority" means the division of hearings and appeals in the
15department of administration, upon proper notice and hearing, or the department
16of corrections, if the person on extended supervision waives a hearing.
SB70,2697 17Section 2697 . 302.113 (9) (am) of the statutes is renumbered 302.113 (9) (am)
181. and amended to read:
SB70,1432,2419 302.113 (9) (am) 1. If a person released to extended supervision under this
20section violates a condition of extended supervision, the reviewing authority may
21revoke the extended supervision of the person. If the extended supervision of the
22person is revoked, the reviewing authority shall order the person to be returned to
23prison for any specified period of time that does not exceed the time remaining on the
24bifurcated sentence. The time
SB70,1433,5
1(ag) 2. “Time remaining on the bifurcated sentence is” means the total length
2of the bifurcated sentence, less time served by the person in confinement under the
3sentence before release to extended supervision under sub. (2), less any earned
4compliance credit under s. 973.156,
and less all time served in confinement for
5previous revocations of extended supervision under the sentence.
SB70,1433,8 6(am) 2. The order returning a person to prison under this paragraph shall
7provide the person whose extended supervision was revoked with credit in
8accordance with ss. 304.072 and 973.155.
SB70,2698 9Section 2698 . 302.113 (9) (b) of the statutes is amended to read:
SB70,1433,1710 302.113 (9) (b) A person who is returned to prison after revocation of extended
11supervision shall be incarcerated for the entire period of time specified by the order
12under par. (am) 1. The period of time specified under par. (am) 1. may be extended
13in accordance with sub. (3). If a person is returned to prison under par. (am) 1. for
14a period of time that is less than the time remaining on the bifurcated sentence, the
15person shall be released to extended supervision after he or she has served the period
16of time specified by the order under par. (am) 1. and any periods of extension imposed
17in accordance with sub. (3).
SB70,2699 18Section 2699 . 302.113 (9) (c) of the statutes is amended to read:
SB70,1434,219 302.113 (9) (c) A person who is subsequently released to extended supervision
20after service of the period of time specified by the order under par. (am) 1. is subject
21to all conditions and rules under sub. (7) and, if applicable, sub. (7m) until the
22expiration of the time remaining extended supervision portion of on the bifurcated
23sentence. The remaining extended supervision portion of the bifurcated sentence is
24the total length of the bifurcated sentence, less the time served by the person in
25confinement under the bifurcated sentence before release to extended supervision

1under sub. (2) and less all time served in confinement for previous revocations of
2extended supervision under the bifurcated sentence.
SB70,2700 3Section 2700 . 302.114 (9) (ag) of the statutes is amended to read:
SB70,1434,54 302.114 (9) (ag) In this subsection “reviewing authority" has the meaning given
5in s. 302.113 (9) (ag) 1.
SB70,2701 6Section 2701 . 302.31 (7) of the statutes is amended to read:
SB70,1434,127 302.31 (7) The temporary placement of persons in the custody of the
8department, other than persons under 17 years of age minors, and persons who have
9attained the age of 17 years but have not attained
adults under the age of 25 years
10who are under the supervision of the department under s. 938.355 (4) and who have
11been taken into custody pending revocation of community supervision or aftercare
12supervision under s. 938.357 (5) (e).
SB70,2702 13Section 2702 . 302.43 of the statutes is amended to read:
SB70,1435,3 14302.43 Good time. Every inmate of a county jail is eligible to earn good time
15in the amount of one-fourth of his or her term for good behavior if sentenced to at
16least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit
17for time served prior to sentencing under s. 973.155, including good time under s.
18973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects
19or refuses to perform any duty lawfully required of him or her, may be deprived by
20the sheriff of good time under this section, except that the sheriff shall not deprive
21the inmate of more than 2 days good time for any one offense without the approval
22of the court. An inmate who files an action or special proceeding, including a petition
23for a common law writ of certiorari, to which s. 807.15 applies shall be deprived of
24the number of days of good time specified in the court order prepared under s. 807.15
25(3). This section does not apply to a person who is confined in the county jail in

1connection with his or her participation in a substance abuse treatment program
2that meets the requirements of s. 165.95 (3), as determined by the department of
3justice under s. 165.95 (9) and (10).
SB70,2703 4Section 2703. 304.06 (1) (c) 3. of the statutes is amended to read:
SB70,1435,105 304.06 (1) (c) 3. The victim of the crime committed by the inmate or, if the victim
6died as a result of the crime, an adult member of the victim's family and any member
7of the victim's family who was younger than 18 years old at the time the crime was
8committed but is now 18 years old or older
or, if the victim is younger than 18 years
9old, the victim's parent or legal guardian, upon submission of a card under par. (f)
10requesting notification.
SB70,2704 11Section 2704. 304.063 (2) (a) of the statutes is amended to read:
SB70,1435,1612 304.063 (2) (a) The victim of the crime committed by the prisoner or, if the
13victim died as a result of the crime, an adult member of the victim's family and any
14member of the victim's family who was younger than 18 years old at the time the
15crime was committed but is now 18 years old or older
or, if the victim is younger than
1618 years old, the victim's parent or legal guardian.
SB70,2705 17Section 2705 . 304.072 (4) of the statutes is amended to read:
SB70,1435,2218 304.072 (4) The sentence of a revoked parolee or person on extended
19supervision resumes running on the day he or she is received at a correctional
20institution subject to sentence credit for the period of custody in a jail, correctional
21institution or any other detention facility pending revocation according to the terms
22of s. 973.155 and subject to earned compliance credit under s. 973.156.
SB70,2706 23Section 2706 . 321.03 (1) (f) of the statutes is created to read:
SB70,1436,224 321.03 (1) (f) 1. In this paragraph, “substantive change” means any change that
25modifies the elements of a punitive article of the Uniform Code of Military Justice,

1creates a punitive article in the Uniform Code of Military Justice, or repeals a
2punitive article from the Uniform Code of Military Justice.
SB70,1436,113 2. By July 1 of each year, submit to the appropriate standing committees of the
4legislature in the manner provided under s. 13.172 (3) a report that summarizes any
5substantive changes that have been made to the Uniform Code of Military Justice
6during the prior federal fiscal year, compares those substantive changes to the
7Wisconsin Code of Military Justice, and provides recommendations to the legislature
8regarding whether those substantive changes to the Uniform Code of Military
9Justice should be incorporated into the Wisconsin Code of Military Justice. The
10report shall be the subject of a public hearing, conducted no less often than annually,
11by the appropriate standing committees of the legislature.
SB70,2707 12Section 2707 . 321.03 (1) (g) of the statutes is created to read:
SB70,1436,1513 321.03 (1) (g) Establish and maintain a case management system that allows
14the national guard to manage and track all case-related information for cases of
15misconduct within the national guard.
SB70,2708 16Section 2708. 321.03 (2) (c) of the statutes is created to read:
SB70,1436,2017 321.03 (2) (c) Provide aerial assistance for incident awareness and assessment,
18drug interdiction and counter-drug activities, search and rescue efforts, or disasters,
19as defined in s. 323.02 (6). The department may seek reimbursement for the cost of
20any assistance provided under this paragraph.
SB70,2709 21Section 2709 . 321.04 (1) (s) of the statutes is created to read:
SB70,1437,322 321.04 (1) (s) 1. By February 1 of each year, submit to the governor and to the
23appropriate standing committees of the legislature in the manner provided under s.
2413.172 (3), and publish on the department's website, an annual report on sexual
25assault and sexual harassment within the Wisconsin national guard. The report

1shall be the subject of a public hearing, conducted no less often than annually, by the
2appropriate standing committees of the legislature. The report shall include, at a
3minimum, all of the following information for the prior federal fiscal year:
SB70,1437,144 a. Data regarding all reported incidents of sexual assault and sexual
5harassment made by members of the Wisconsin national guard during that period,
6including the numbers of restricted and unrestricted reports of sexual assault and
7reports of sexual harassment, and historical trends relating to that data for the 5
8fiscal years preceding the fiscal year covered in the report. For unrestricted reports
9of sexual assault and for reports of sexual harassment, the report shall also include
10all of the following information: the type of conduct that was reported to have
11occurred; the duty status of the members involved at the time of the incident;
12information on the status of the report, including whether the case was referred for
13additional investigation; and a summary of any resolution or discipline taken,
14including whether criminal charges were referred or filed.
SB70,1437,1715 b. A summary of any training relating to preventing and responding to
16incidents of sexual assault and sexual harassment that was provided to members of
17the Wisconsin national guard in the preceding year.
SB70,1437,2118 c. A summary of any current federal national guard bureau policies relating to
19preventing and responding to incidents of sexual assault and sexual harassment
20that were enacted during that period and a description of how those policies are being
21implemented in the Wisconsin national guard.
SB70,1437,2422 d. A summary of the current policies and procedures related to preventing and
23responding to incidents of sexual assault and sexual harassment in the Wisconsin
24national guard and any changes made since the prior report.
SB70,1438,3
12. The report under subd. 1. shall protect the privacy of victims of sexual
2assault and sexual harassment and may not provide any personal identifying
3information that would allow a victim to be identified.
SB70,2710 4Section 2710 . 321.04 (1) (t) of the statutes is created to read:
SB70,1438,85 321.04 (1) (t) Prescribe in writing, make publicly available on the department's
6website, and implement a policy that ensures that any victim of an offense under the
7Wisconsin code of military justice is treated with dignity, respect, courtesy,
8sensitivity, and fairness.
SB70,2711 9Section 2711 . 321.04 (1) (u) of the statutes is created to read:
SB70,1438,1110 321.04 (1) (u) Prescribe in writing and make publicly available on the
11department's website the procedures required under s. 322.036.
SB70,2712 12Section 2712. 321.37 of the statutes is amended to read:
SB70,1438,23 13321.37 No discrimination. No person, otherwise qualified, may be denied
14membership in the national guard or state defense force because of sex, color, race,
15creed, or sexual orientation, gender expression, as defined in s. 111.32 (7j), or gender
16identity, as defined in s. 111.32 (7k),
and no member of the national guard or state
17defense force may be segregated within the national guard or state defense force on
18the basis of sex, color, race, creed, or sexual orientation, gender expression, as defined
19in s. 111.32 (7j), or gender identity, as defined in s. 111.32 (7k)
. Nothing in this section
20prohibits separate facilities for persons of different sexes with regard to dormitory
21accommodations, toilets, showers, saunas, and dressing rooms, except that no person
22may be denied equal access to facilities most consistent with the person's gender
23identity
.
SB70,2713 24Section 2713. 321.52 of the statutes is created to read:
SB70,1439,4
1321.52 Office of homeland security. The office of homeland security shall
2coordinate with the federal department of homeland security and state and local law
3enforcement agencies to identify, investigate, assess, report, and share tips and leads
4linked to emerging homeland security threats.
SB70,2714 5Section 2714 . 322.001 (15) of the statutes is amended to read:
SB70,1440,66 322.001 (15) “Military offenses" means those offenses prescribed under articles
777, principals; 78, accessory after the fact; 80, attempts; 81, conspiracy; 82,
8solicitation; 83, fraudulent enlistment, appointment, or separation; 84, unlawful
9enlistment, appointment, or separation; 85, desertion; 86, absence without leave; 87,
10missing movement; 88, contempt toward officials; 89, disrespect towards superior
11commissioned officer; 90, assaulting or willfully disobeying superior commissioned
12officer; 91, insubordinate conduct toward warrant officer, noncommissioned officer,
13or petty officer; 92, failure to obey order or regulation; 93, cruelty and maltreatment;
1493a, prohibited activities with military recruit or trainee by a person in a position of
15special trust;
94, mutiny or sedition; 95, resistance, flight, breach of arrest, and
16escape; 96, releasing prisoner without proper authority; 97, unlawful detention; 98,
17noncompliance with procedural rules; 99, misbehavior before the enemy; 100,
18subordinate compelling surrender; 101, improper use of countersign; 102, forcing a
19safeguard; 103, captured or abandoned property; 104, aiding the enemy; 105,
20misconduct as prisoner; 107, false official statements; 108, military property — loss,
21damage, destruction, or wrongful disposition; 109, property other than military
22property — waste, spoilage, or destruction; 110, improper hazarding of vessel; 111,
23drunken or reckless operation of a vehicle, aircraft, or vessel; 112, drunk on duty;
24112a, wrongful use, or possession of controlled substances; 113, misbehavior of
25sentinel; 114, dueling; 115, malingering; 116, riot or breach of peace; 117, provoking

1speeches or gestures; 120, rape and sexual assault generally; 120a, stalking; 120b,
2rape and sexual assault of a child; 120c, sexual misconduct; 121, larceny and
3wrongful appropriation; 122, robbery; 123, forgery; 124, maiming; 126, arson; 127,
4extortion; 128, assault; 129, burglary; 130, housebreaking; 131, perjury;
132, frauds
5against the government; 132a, retaliation; 133, conduct unbecoming an officer and
6a gentleman; and
; 134, general; and 134h, sexual harassment; of this code.
SB70,2715 7Section 2715 . 322.001 (16) of the statutes is repealed.
SB70,2716 8Section 2716 . 322.036 of the statutes is amended to read:
SB70,1440,17 9322.036 Article 36 — Governor may prescribe regulations Pretrial,
10trial, and post-trial procedures
. Pretrial, trial, and post-trial procedures not
11specified in this code
, including modes of proof, for courts-martial cases arising
12under this code, and for courts of inquiry, may shall be prescribed by the governor
13by regulations, or as otherwise provided by law, which shall apply the principles of
14law and the rules of evidence generally recognized in military criminal cases in the
15courts of the armed forces but which may not be contrary to or inconsistent with this
16code
adjutant general in writing and made publicly available on the department of
17military affairs' website
.
SB70,2717 18Section 2717 . 322.056 (2) of the statutes is amended to read:
SB70,1440,2119 322.056 (2) A conviction by a general court-martial of any military offense for
20which an accused may receive a sentence of confinement for more than 1 year is a
21felony offense.
SB70,2718 22Section 2718 . 322.056 (5) of the statutes is amended to read:
SB70,1441,223 322.056 (5) The limits of punishment for violations of the punitive sections
24under Subch. X shall be those under the Uniform Code of Military Justice, unless

1otherwise
prescribed by the governor according to ss. 322.018 to 322.020, but under
2no instance shall any punishment exceed that authorized by this code.
SB70,2719 3Section 2719 . 322.0935 of the statutes is created to read:
SB70,1441,5 4322.0935 Article 93a — Prohibited activities with military recruit or
5trainee by a person in a position of special trust.
(1) In this section:
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