Amendment ASA1-AB594

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2009 - 2010 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2009 ASSEMBLY BILL 594

February 5, 2010 - Offered by Representative Staskunas.

AB594-ASA1,1,9 An Act to amend 51.37 (10) (dm), 301.046 (4) (c), 301.048 (4m) (c), 301.38 (3), 302.105 (3), 302.1135 (4), 302.1135 (7) (b), 302.114 (6) (b), 302.114 (6) (c), 302.114 (6) (d), 303.068 (4m) (c), 304.06 (1) (d) 1., 304.06 (1) (d) 4., 304.06 (1) (e), 304.06 (1) (eg), 304.06 (1) (em), 304.063 (3), 304.09 (3), 304.10 (2), 971.17 (4m) (c) and 971.17 (6m) (c); and to create 51.37 (10) (dg) 4., 301.046 (4) (bg), 301.048 (4m) (bg), 301.38 (2m), 302.105 (2m), 303.068 (4m) (bg), 304.06 (1) (c) 4., 304.063 (2m), 304.09 (2) (d), 971.17 (4m) (b) 3. and 971.17 (6m) (b) 3. of the statutes; relating to: notifying a law enforcement agency when certain persons are released from the custody of the Department of Corrections.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB594-ASA1, s. 1 Section 1. 51.37 (10) (dg) 4. of the statutes is created to read:

AB594-ASA1,2,3 51.37 (10) (dg) 4. If the patient committed an offense described in s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, or 940.10 and the victim was a law enforcement officer, as defined in s. 102.475 (8) (c), notify the law enforcement agency on which the officer served and the head of the collective bargaining unit, if any, for that law enforcement agency.

AB594-ASA1, s. 2 Section 2. 51.37 (10) (dm) of the statutes is amended to read:

AB594-ASA1,2,9 51.37 (10) (dm) 1. The notice under par. (dg) shall inform the offices and person persons under par. (dg) 1. to 3. 4. of the patient's name and of the date the patient will begin the home visit or leave. The department shall provide notice under this paragraph for a patient's first extended home visit or leave and, upon request, for subsequent extended home visits or leaves.

AB594-ASA1,2,12 2. The department shall send the notice, postmarked at least 7 days before the patient begins the extended home visit or leave, to the last-known address addresses of the offices and person persons under par. (dg) 1. to 3. 4.

AB594-ASA1,2,15 3. If the notice is for a first extended home visit or leave, the notice shall inform the offices and person persons under par. (dg) 1. to 3. 4. that notification of subsequent extended home visits or leaves will be provided only upon request.

AB594-ASA1, s. 3 Section 3. 301.046 (4) (bg) of the statutes is created to read:

AB594-ASA1,2,22 301.046 (4) (bg) Before a prisoner is confined under sub. (1) for a violation of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, or 940.10 and the victim was a law enforcement officer, as defined in s. 102.475 (8) (c), the department shall make a reasonable attempt to notify, in accordance with par. (c), the law enforcement agency on which the officer served and the head of the collective bargaining unit, if any, for that law enforcement agency.

AB594-ASA1, s. 4 Section 4. 301.046 (4) (c) of the statutes is amended to read:

AB594-ASA1,3,3 301.046 (4) (c) The department shall make a reasonable effort to send the notice, postmarked at least 7 days before a prisoner is confined under sub. (1), to the last-known address of the persons, agency, or office under par. pars. (b) and (bg).

AB594-ASA1, s. 5 Section 5. 301.048 (4m) (bg) of the statutes is created to read:

AB594-ASA1,3,11 301.048 (4m) (bg) As soon as possible after a prisoner, probationer, parolee, or person on extended supervision who has violated s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, or 940.10 and the victim was a law enforcement officer, as defined in s. 102.475 (8) (c), enters the intensive sanctions program, the department shall make a reasonable attempt to notify, in accordance with par. (c), the law enforcement agency on which the officer served and the head of the collective bargaining unit, if any, for that law enforcement agency.

AB594-ASA1, s. 6 Section 6. 301.048 (4m) (c) of the statutes is amended to read:

AB594-ASA1,3,15 301.048 (4m) (c) The department shall make a reasonable effort to send the notice to the last-known address of the persons, agency, or office under par. pars. (b) and (bg).

AB594-ASA1, s. 7 Section 7. 301.38 (2m) of the statutes is created to read:

AB594-ASA1,3,22 301.38 (2m) If a prisoner who has violated s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, or 940.10 and the victim was a law enforcement officer, as defined in s. 102.475 (8) (c), escapes from a Type 1 prison, the department shall make a reasonable attempt to notify, in accordance with sub. (3), the law enforcement agency on which the officer served and the head of the collective bargaining unit, if any, for that law enforcement agency.

AB594-ASA1, s. 8 Section 8. 301.38 (3) of the statutes is amended to read:

AB594-ASA1,4,3 301.38 (3) The department shall make a reasonable effort to notify the person, agency, or office by telephone as soon as possible after the escape and after any subsequent apprehension of the prisoner.

AB594-ASA1, s. 9 Section 9. 302.105 (2m) of the statutes is created to read:

AB594-ASA1,4,11 302.105 (2m) Before an inmate who is in a prison serving a sentence for a violation of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, or 940.10 and the victim was a law enforcement officer, as defined in s. 102.475 (8) (c), is released from imprisonment because he or she has reached the expiration date of his or her sentence, the department shall make a reasonable attempt to notify, in accordance with sub. (3), the law enforcement agency on which the officer served and the head of the collective bargaining unit, if any, for that law enforcement agency.

AB594-ASA1, s. 10 Section 10. 302.105 (3) of the statutes is amended to read:

AB594-ASA1,4,16 302.105 (3) The department shall make a reasonable effort to send the notice, postmarked at least 7 days before an inmate's sentence expires and he or she is released from imprisonment, to the last-known address of the persons , agency, or office under sub. subs. (2) and (2m).

AB594-ASA1, s. 11 Section 11. 302.1135 (4) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB594-ASA1,5,3 302.1135 (4) When the commission receives under sub. (3) an inmate's petition for modification of the inmate's sentence, the commission shall set a hearing to determine whether the public interest would be served by a modification of the inmate's sentence in the manner specified in sub. (6). 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 sentence. The commission shall order such notice of the hearing date as it considers adequate to be given to the inmate, the attorney representing the inmate, if applicable, and the district attorney. Victim notification Notification shall be provided as specified under sub. (7).

AB594-ASA1, s. 12 Section 12. 302.1135 (7) (b) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB594-ASA1,5,21 302.1135 (7) (b) When the commission sets a hearing date under sub. (4), the commission shall send a notice of hearing to the victim of the crime committed by the inmate, if the victim has submitted a card under par. (c) requesting notification and, if the inmate violated s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, or 940.10 and the victim was a law enforcement officer, as defined in s. 102.475 (8) (c), to the law enforcement agency on which the officer served and the head of the collective bargaining unit, if any, for that law enforcement agency. The notice shall inform the victim, the head of the collective bargaining unit, and a representative of the law enforcement agency that he or she may appear at the hearing scheduled under sub. (4) and shall inform the victim, the head of the collective bargaining unit, and a representative of the law enforcement agency of the manner in which he or she may provide a statement concerning the modification of the inmate's sentence in the manner provided in sub. (6). The commission shall make a reasonable attempt to send the notice of hearing to the last-known address of the inmate's victim, the law enforcement agency, and the office of the head of the collective bargaining unit postmarked at least 10 days before the date of the hearing.

AB594-ASA1, s. 13 Section 13. 302.114 (6) (b) of the statutes is amended to read:

AB594-ASA1,6,6 302.114 (6) (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 and, if the inmate violated of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, or 940.10 and the victim was a law enforcement officer, as defined in s. 102.475 (8) (c), to the law enforcement agency on which the officer served and the head of the collective bargaining unit, if any, for that law enforcement agency.

AB594-ASA1, s. 14 Section 14. 302.114 (6) (c) of the statutes is amended to read:

AB594-ASA1,6,14 302.114 (6) (c) The notice under par. (b) shall inform the victim, the head of the collective bargaining unit, and a representative of the law enforcement agency 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, the head of the collective bargaining unit, and a representative of the law enforcement agency of the manner in which he or she may provide written statements concerning the inmate's petition for release to extended supervision.

AB594-ASA1, s. 15 Section 15. 302.114 (6) (d) of the statutes is amended to read:

AB594-ASA1,6,23 302.114 (6) (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, the law enforcement agency, and the office of the head of the collective bargaining unit 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, the law enforcement agency, and the office of the head of the collective bargaining unit postmarked at least 10 days before the date of the hearing.

AB594-ASA1, s. 16 Section 16. 303.068 (4m) (bg) of the statutes is created to read:

AB594-ASA1,7,6 303.068 (4m) (bg) Before an inmate who is imprisoned for a violation of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, or 940.10 and the victim was a law enforcement officer, as defined in s. 102.475 (8) (c), is released on leave under this section, the department shall make a reasonable attempt to notify, in accordance with par. (c), the law enforcement agency on which the officer served and the head of the collective bargaining unit, if any, for that law enforcement agency.

AB594-ASA1, s. 17 Section 17. 303.068 (4m) (c) of the statutes is amended to read:

AB594-ASA1,7,10 303.068 (4m) (c) The department shall make a reasonable effort to send the notice, postmarked at least 7 days before an inmate is released on leave, to the last-known address of the persons, agency, or office under par. pars. (b) and (bg).

AB594-ASA1, s. 18 Section 18. 304.06 (1) (c) 4. of the statutes is created to read:

AB594-ASA1,7,16 304.06 (1) (c) 4. If the inmate was convicted of an offense under s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, or 940.10 and the victim was a law enforcement officer, as defined in s. 102.475 (8) (c), the law enforcement agency on which the officer served and the head of the collective bargaining unit, if any, for that law enforcement agency.

AB594-ASA1, s. 19 Section 19. 304.06 (1) (d) 1. of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB594-ASA1,8,5 304.06 (1) (d) 1. The notice under par. (c) shall inform the offices and persons under par. (c) 1. to 3. 4. of the manner in which they may provide written statements under this subsection, shall inform persons under par. (c) 3. or 4. of the manner in which they may attend interviews or hearings and make statements under par. (eg) and shall inform persons under par. (c) 3. or 4. who are or who represented, pursuant to par. (c) 4., victims, or family members of victims, of crimes specified in s. 940.01, 940.03, 940.05, 940.225 (1), (2), or (3), 948.02 (1) or (2), 948.025, 948.06 or 948.07 of the manner in which they may have direct input in the decision-making process under par. (em) for parole or release to extended supervision. The earned release review commission shall provide notice under this paragraph for an inmate's first application for parole or release to extended supervision and, upon request, for subsequent applications for parole or release to extended supervision.

AB594-ASA1, s. 20 Section 20. 304.06 (1) (d) 4. of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB594-ASA1,8,11 304.06 (1) (d) 4. If the notice is for a first application for parole or release to extended supervision, the notice shall inform the offices and persons under par. (c) 1. to 3. 4. that notification of subsequent applications for parole or release to extended supervision will be provided only upon request.

AB594-ASA1, s. 21 Section 21. 304.06 (1) (e) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB594-ASA1,8,19 304.06 (1) (e) The earned release review commission shall permit any office or person under par. (c) 1. to 3. 4. to provide written statements. The earned release review commission shall give consideration to any written statements provided by any such office or person and received on or before the date specified in the notice. This paragraph does not limit the authority of the earned release review commission to consider other statements or information that it receives in a timely fashion.