302.113(9)(e)
(e) If a hearing is to be held under
par. (am) before the division of hearings and appeals in the department of administration, the hearing examiner may order the taking and allow the use of a videotaped deposition under
s. 967.04 (7) to
(10).
302.113(9)(f)
(f) A reviewing authority may consolidate proceedings before it under
par. (am) with other proceedings before that reviewing authority under
par. (am) or
s. 302.11 (7) (am) or
302.114 (9) (am) if all of the proceedings relate to the parole or extended supervision of the same person.
302.113(9)(g)
(g) In any case in which there is a hearing before the division of hearings and appeals in the department of administration concerning whether to revoke a person's extended supervision, the person on extended supervision may seek review of a decision to revoke extended supervision and the department of corrections may seek review of a decision to not revoke extended supervision. Review of a decision under this paragraph may be sought only by an action for certiorari.
Effective date note
NOTE: Sub. (9) is shown as affected eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(9) (a) If a person released to extended supervision under this section violates a condition of extended supervision, the division of hearings and appeals in the department of administration, upon proper notice and hearing, or the department of corrections, if the person on extended supervision waives a hearing, may revoke the extended supervision of the person and return the person to prison. If the person is returned to prison, he or she shall be returned to prison for any specified period of time that does not exceed the time remaining on the bifurcated sentence. The time remaining on the bifurcated sentence is the total length of the bifurcated sentence, less time served by the person in custody before release to extended supervision. The revocation order shall provide the person on extended supervision with credit in accordance with ss. 304.072 and 973.155.
Effective date text
(b) A person who is returned to prison after revocation of extended supervision shall be incarcerated for the entire period of time specified by the department of corrections in the case of a waiver or by the division of hearings and appeals in the department of administration in the case of a hearing under par. (a). The period of time specified under par. (a) may be extended in accordance with sub. (3).
Effective date text
(c) A person who is subsequently released to extended supervision after service of the period of time specified by the department of corrections in the case of a waiver or by the division of hearings and appeals in the department of administration in the case of a hearing under par. (a) is subject to all conditions and rules under sub. (7) until the expiration of the term of extended supervision portion of the bifurcated sentence.
302.113(9g)(a)1.
1. "Program review committee" means the committee at a correctional institution that reviews the security classifications, institution assignments, and correctional programming assignments of inmates confined in the institution.
302.113(9g)(a)2.
2. "Terminal condition" means an incurable condition afflicting a person, caused by injury, disease, or illness, as a result of which the person has a medical prognosis that his or her life expectancy is 6 months or less, even with available life-sustaining treatment provided in accordance with the prevailing standard of medical care.
302.113(9g)(b)
(b) An inmate who is serving a bifurcated sentence for a crime other than a Class B felony may seek modification of the bifurcated sentence in the manner specified in
par. (f) if he or she meets one of the following criteria:
302.113(9g)(b)1.
1. The inmate is 65 years of age or older and has served at least 5 years of the term of confinement in prison portion of the bifurcated sentence.
302.113(9g)(b)2.
2. The inmate is 60 years of age or older and has served at least 10 years of the term of confinement in prison portion of the bifurcated sentence.
302.113(9g)(c)
(c) An inmate who meets the criteria under
par. (b) may submit a petition to the program review committee at the correctional institution in which the inmate is confined requesting a modification of the inmate's bifurcated sentence in the manner specified in
par. (f). If the inmate alleges in the petition that he or she has a terminal condition, the inmate shall attach to the petition affidavits from 2 physicians setting forth a diagnosis that the inmate has a terminal condition.
302.113(9g)(cm)
(cm) If, after receiving the petition under
par. (c), 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.
302.113(9g)(d)
(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 set 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 statement concerning the modification of the inmate's bifurcated sentence. 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).
302.113(9g)(e)
(e) At a hearing scheduled under
par. (d), the inmate has the burden of proving by the greater weight of the credible evidence that a modification of the bifurcated sentence in the manner specified in
par. (f) would serve the public interest. If the inmate proves that a modification of the bifurcated sentence in the manner specified in
par. (f) would serve the public interest, the court shall modify the inmate's bifurcated sentence in that manner. If the inmate does not prove that a modification of the bifurcated sentence in the manner specified in
par. (f) would serve the public interest, the court shall deny the inmate's petition for modification of the bifurcated sentence.
302.113(9g)(f)
(f) A court may modify an inmate's bifurcated sentence under this section only as follows:
302.113(9g)(f)1.
1. The court shall reduce the term of confinement in prison portion of the inmate's bifurcated sentence in a manner that provides for the release of the inmate to extended supervision within 30 days after the date on which the court issues its order modifying the bifurcated sentence.
302.113(9g)(f)2.
2. The court shall lengthen the term of extended supervision imposed so that the total length of the bifurcated sentence originally imposed does not change.
302.113(9g)(g)2.
2. When a court sets a hearing date 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 statement concerning the modification of the inmate's bifurcated sentence in the manner provided in
par. (f). 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.
302.113(9g)(g)3.
3. The director of state courts shall design and prepare cards for a victim to send to the clerk of the circuit court for the county in which the inmate was convicted and sentenced. The cards shall have space for a victim to provide his or her name and address, the name of the applicable inmate, and any other information that the director of state courts determines is necessary. The director of state courts shall provide the cards, without charge, to clerks of circuit court. Clerks of circuit court shall provide the cards, without charge, to victims. Victims may send completed cards to the clerk of the circuit court for the county in which the inmate was convicted and sentenced. All court records or portions of records that relate to mailing addresses of victims are not subject to inspection or copying under
s. 19.35 (1).
302.113(9g)(h)
(h) An inmate may appeal a court's decision to deny the inmate's petition for modification of his or her bifurcated sentence. The state may appeal a court's decision to grant an inmate's petition for a modification of the inmate's bifurcated sentence. In an appeal under this paragraph, the appellate court may reverse a decision granting or denying a petition for modification of a bifurcated sentence only if it determines that the sentencing court erroneously exercised its discretion in granting or denying the petition.
302.113(9g)(i)
(i) If the program review committee denies an inmate's petition under
par. (cm), the inmate may not file another petition within one year after the date of the program review committee's denial. If the program review committee approves an inmate's petition for referral to the sentencing court under
par. (cm) but the sentencing court denies the petition, the inmate may not file another petition under
par. (cm) within one year after the date of the court's decision.
302.113(9g)(j)
(j) An inmate eligible to seek modification of his or her bifurcated sentence under this subsection has a right to be represented by counsel in proceedings under this subsection. An inmate, or the department on the inmate's behalf, may apply to the state public defender for determination of indigency and appointment of counsel under
s. 977.05 (4) (jm) before or after the filing of a petition with the program review committee under
par. (c). If an inmate whose petition has been referred to the court under
par. (cm) is without counsel, the court shall refer the matter to the state public defender for determination of indigency and appointment of counsel under
s. 977.05 (4) (jm).
302.113(10)
(10) The department may promulgate rules establishing guidelines and criteria for the exercise of discretion under this section.
302.113 History
History: 1997 a. 283;
2001 a. 16,
109.
302.114
302.114
Petition for release and release to extended supervision for felony offenders serving life sentences. 302.114(2)
(2) Except as provided in
subs. (3) and
(9), an inmate subject to this section may petition the sentencing court for release to extended supervision after he or she has served 20 years, if the inmate was sentenced under
s. 973.014 (1g) (a) 1., or after he or she has reached the extended supervision eligibility date set by the court, if the inmate was sentenced under
s. 973.014 (1g) (a) 2.
302.114(3)(a)(a) The warden or superintendent shall keep a record of the conduct of each inmate subject to this section, specifying each infraction of the rules. If any inmate subject to this section violates any regulation of the prison or refuses or neglects to perform required or assigned duties, the department may extend the extended supervision eligibility date set under
s. 973.014 (1g) (a) 1. or
2., whichever is applicable, as follows:
302.114(3)(b)
(b) In addition to the sanctions under
par. (a), if an inmate subject to this section is placed in adjustment, program or controlled segregation status, the department may extend the extended supervision eligibility date set under
s. 973.014 (1g) (a) 1. or
2., whichever is applicable, by a number of days equal to 50% of the number of days spent in segregation status. In administering this paragraph, the department shall use the definition of adjustment, program or controlled segregation status under departmental rules in effect at the time an inmate is placed in that status.
302.114(3)(c)
(c) An inmate subject to this section who files an action or special proceeding, including a petition for a common law writ of certiorari, to which
s. 807.15 applies shall have his or her extended supervision eligibility date set under
s. 973.014 (1g) (a) 1. or
2., whichever is applicable, extended by the number of days specified in the court order prepared under
s. 807.15 (3). Upon receiving a court order issued under
s. 807.15, the department shall recalculate the date on which the inmate to whom the order applies will be entitled to petition for release to extended supervision and shall inform the inmate of that date.
302.114(4)
(4) All consecutive sentences imposed for crimes committed on or after December 31, 1999, shall be computed as one continuous sentence. An inmate subject to this section shall serve any term of extended supervision after serving all terms of confinement in prison.
302.114(5)(a)(a) An inmate subject to this section who is seeking release to extended supervision shall file a petition for release to extended supervision with the court that sentenced him or her. An inmate may not file an initial petition under this paragraph earlier than 90 days before his or her extended supervision eligibility date. If an inmate files an initial petition for release to extended supervision at any time earlier than 90 days before his or her extended supervision eligibility date, the court shall deny the petition without a hearing.
302.114(5)(am)
(am) The inmate shall serve a copy of a petition for release to extended supervision on the district attorney's office that prosecuted him or her, and the district attorney shall file a written response to the petition within 45 days after the date he or she receives the petition.
302.114(5)(b)
(b) After reviewing a petition for release to extended supervision and the district attorney's response to the petition, the court shall decide whether to hold a hearing on the petition or, if it does not hold a hearing, whether to grant or deny the petition without a hearing. If the court decides to hold a hearing under this paragraph, the hearing shall be before the court without a jury. The office of the district attorney that prosecuted the inmate shall represent the state at the hearing.
302.114(5)(c)
(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 statement or submit a 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.
302.114(5)(cm)
(cm) A court may not grant an inmate's petition for release to extended supervision unless the inmate proves, by clear and convincing evidence, that he or she is not a danger to the public.
302.114(5)(d)
(d) If the court grants the inmate's petition for release to extended supervision, the court may impose conditions on the term of extended supervision.
302.114(5)(e)
(e) If the court denies the inmate's petition for release to extended supervision, the court shall specify the date on which the inmate may file a subsequent petition under this section. An inmate may file a subsequent petition at any time on or after the date specified by the court, but if the inmate files a subsequent petition for release to extended supervision before the date specified by the court, the court may deny the petition without a hearing.
302.114(5)(f)
(f) An inmate may appeal an order denying his or her petition for release to extended supervision. In an appeal under this paragraph, the appellate court may reverse an order denying a petition for release to extended supervision only if it determines that the sentencing court erroneously exercised its discretion in denying the petition for release to extended supervision.
302.114(6)(b)
(b) If an inmate petitions a court under
sub. (5) or
(9) (bm) for release to extended supervision under this section, the clerk of the circuit court in which the petition is filed shall send a copy of the petition and, if a hearing is scheduled, a notice of hearing to the victim of the crime committed by the inmate, if the victim has submitted a card under
par. (e) requesting notification.
302.114(6)(c)
(c) The notice under
par. (b) shall inform the victim that he or she may appear at the hearing under
sub. (5) or
(9) (bm), if a hearing is scheduled, and shall inform the victim of the manner in which he or she may provide written statements concerning the inmate's petition for release to extended supervision.
302.114(6)(d)
(d) The clerk of the circuit court shall make a reasonable attempt to send a copy of the inmate's petition to the last-known address of the victim within 7 days of the date on which the petition is filed and shall make a reasonable attempt to send the notice of hearing, if a hearing is scheduled, to the last-known address of the persons victim, postmarked at least 10 days before the date of the hearing.
302.114(6)(e)
(e) The director of state courts shall design and prepare cards for a victim to send to the clerk of the circuit court in which the inmate is convicted and sentenced. The cards shall have space for a victim to provide his or her name and address, the name of the applicable inmate and any other information the director of state courts determines is necessary. The director of state courts shall provide the cards, without charge, to clerks of circuit court. Clerks of circuit court shall provide the cards, without charge, to victims. Victims may send completed cards to the clerk of the circuit court in which the inmate was convicted and sentenced. All court records or portions of records that relate to mailing addresses of victims are not subject to inspection or copying under
s. 19.35 (1).
302.114(7)
(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.
302.114(8)
(8) Any inmate released to extended supervision under this section is subject to all conditions and rules of extended supervision. The department may set conditions of extended supervision in addition to any conditions of extended supervision required under
s. 302.116, if applicable, or set by the court under
sub. (5) (d) if the conditions set by the department do not conflict with the court's conditions.
302.114(8m)(a)(a) Every person released to extended supervision under this section remains in the legal custody of the department. If the department alleges that any condition or rule of extended supervision has been violated by the person, the department may take physical custody of the person for the investigation of the alleged violation.
302.114(8m)(b)
(b) If a person released to extended supervision under this section signs a statement admitting a violation of a condition or rule of extended supervision, the department may, as a sanction for the violation, confine the person for up to 90 days in a regional detention facility or, with the approval of the sheriff, in a county jail. If the department confines the person in a county jail under this paragraph, the department shall reimburse the county for its actual costs in confining the person from the appropriations under
s. 20.410 (1) (ab) and
(b). Notwithstanding
s. 302.43, the person is not eligible to earn good time credit on any period of confinement imposed under this subsection.
302.114(9)(am)
(am) If a person released to extended supervision under this section violates a condition of extended supervision, the reviewing authority may revoke the extended supervision of the person. If the extended supervision of the person is revoked, the person shall be returned to the circuit court for the county in which the person was convicted of the offense for which he or she was on extended supervision, and the court shall order the person to be returned to prison for a specified period of time before he or she is eligible for being released again to extended supervision. The period of time specified under this paragraph may not be less than 5 years and may be extended in accordance with
sub. (3).
302.114(9)(b)
(b) When a person is returned to court under
par. (am) after revocation of extended supervision, the reviewing authority shall make a recommendation to the court concerning the period of time for which the person should be returned to prison before being eligible for release to extended supervision. The period of time recommended under this paragraph may not be less than 5 years.
302.114(9)(bm)
(bm) A person who is returned to prison under
par. (am) after revocation of extended supervision may, upon petition to the sentencing court, be released to extended supervision after he or she has served the entire period of time specified by the court under
par. (am), including any periods of extension imposed under
sub. (3). A person may not file a petition under this paragraph earlier than 90 days before the date on which he or she is eligible to be released to extended supervision. If a person files a petition for release to extended supervision under this paragraph at any time earlier than 90 days before the date on which he or she is eligible to be released to extended supervision, the court shall deny the petition without a hearing. The procedures specified in
sub. (5) (am) to
(f) apply to a petition filed under this paragraph.
302.114(9)(c)
(c) A person who is subsequently released to extended supervision under
par. (bm) is subject to all conditions and rules under
sub. (8) until the expiration of the sentence.
302.114(9)(d)
(d) If a hearing is to be held under
par. (am) before the division of hearings and appeals in the department of administration, the hearing examiner may order the taking and allow the use of a videotaped deposition under
s. 967.04 (7) to
(10).
302.114(9)(e)
(e) A reviewing authority may consolidate proceedings before it under
par. (am) with other proceedings before that reviewing authority under
par. (am) or
s. 302.11 (7) (am) or
302.113 (9) (am) if all of the proceedings relate to the parole or extended supervision of the same person.
302.114(9)(f)
(f) In any case in which there is a hearing before the division of hearings and appeals in the department of administration concerning whether to revoke a person's extended supervision, the person on extended supervision may seek review of a decision to revoke extended supervision and the department of corrections may seek review of a decision to not revoke extended supervision. Review of a decision under this paragraph may be sought only by an action for certiorari.
Effective date note
NOTE: Sub. (9) is shown as affected eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(9) (a) If a person released to extended supervision under this section violates a condition of extended supervision, the division of hearings and appeals in the department of administration, upon proper notice and hearing, or the department of corrections, if the person on extended supervision waives a hearing, may revoke the extended supervision of the person and return the person to prison. If the person is returned to prison, he or she shall be returned to prison for a specified period of time, as provided under par. (b).
302.114 Note
(b) If a person is returned to prison under par. (a) after revocation of extended supervision, the department of corrections in the case of a waiver or the division of hearings and appeals in the department of administration in the case of a hearing under par. (a) shall specify a period of time for which the person shall be incarcerated before being eligible for release to extended supervision. The period of time specified under this paragraph may not be less than 5 years and may be extended in accordance with sub. (3).
302.114 Note
(bm) A person who is returned to prison under par. (a) after revocation of extended supervision may, upon petition to the sentencing court, be released to extended supervision after he or she has served the entire period of time specified in par. (b), including any periods of extension imposed under sub. (3). A person may not file a petition under this paragraph earlier than 90 days before the date on which he or she is eligible to be released to extended supervision. If a person files a petition for release to extended supervision under this paragraph at any time earlier than 90 days before the date on which he or she is eligible to be released to extended supervision, the court shall deny the petition without a hearing. The procedures specified in sub. (5) (am) to (f) apply to a petition filed under this paragraph.
302.114 Note
(c) A person who is subsequently released to extended supervision under par. (bm) is subject to all conditions and rules under sub. (8) until the expiration of the sentence.
302.114(10)
(10) The department may promulgate rules establishing guidelines and criteria for the exercise of discretion under this section.
302.114 History
History: 1997 a. 283;
2001 a. 16,
109.
302.116
302.116
Extended supervision conditions for sex offenders. 302.116(1)(a)
(a) "Serious sex offense" means a violation of
s. 940.225 (1) or
(2),
948.02 (1) or
(2),
948.025,
948.06, or
948.07 or a solicitation, conspiracy, or attempt to commit a violation of
s. 940.225 (1) or
(2),
948.02 (1) or
(2),
948.025,
948.06, or
948.07.
302.116(1)(b)
(b) "Sex offender" means a person serving a sentence for a serious sex offense.
302.116(2)
(2) As a condition of extended supervision, a sex offender shall live in a residence that the department has approved.
302.116 History
History: 2001 a. 16.
302.12
302.12
Reward of merit. 302.12(1)(1) The department may provide by rule for the payment of money to inmates. The rate may vary for different prisoners in accordance with the pecuniary value of the work performed, willingness, and good behavior. The payment of money to inmates working in the prison industries shall be governed by
s. 303.01 (4).
302.12(2)
(2) Money accruing under this section remains under the control of the department, to be used for the crime victim and witness assistance surcharge under
s. 973.045 (4), the deoxyribonucleic acid analysis surcharge under
s. 973.046 and the benefit of the inmate or the inmate's family or dependents, under rules promulgated by the department as to time, manner and amount of disbursements.
302.12 History
History: 1975 c. 396;
1983 a. 27,
66,
528;
1985 a. 332 s.
251 (6);
1989 a. 31 s.
1631; Stats. 1989 s. 302.12;
1993 a. 16.
302.12 Cross-reference
Cross Reference: See also ch.
DOC 309, Wis. adm. code.
