Amendment ASA1-AB75

AB75-ASA1,1433,6 (b) The department shall promulgate rules for the determination of whether a bifurcated sentence should be modified under this subsection.

AB75-ASA1,1433,9 (c) A person who is serving the confinement portion of a bifurcated sentence is eligible for sentence modification under this subsection if all of the following conditions are met:

AB75-ASA1,1433,12 1. The person is serving the confinement portion of a bifurcated sentence for a misdemeanor or a Class F to Class I felony that is not a violent offense, as defined in s. 301.048 (2) (bm) 1.

AB75-ASA1,1433,15 2. The prison social worker or extended supervision agent of record has reason to believe that the person will be able to maintain himself or herself while not confined without engaging in assaultive activity.

AB75-ASA1,1433,17 3. The release to extended supervision date is not more than 12 months before the person's extended supervision eligibility date.

AB75-ASA1,1433,21 (d) If the conditions under pars. (b) and (c) are met, the department may modify, in the manner specified under par. (e), the sentence of any person by releasing him or her to extended supervision under this subsection, and, if the department releases the person to extended supervision, the department shall:

AB75-ASA1,1433,23 1. Notify the office of the court that participated in the trial or that accepted the person's plea of guilty or no contest, whichever is applicable.

AB75-ASA1,1434,3 2. Notify the office of the district attorney that participated in the trial of the person or that prepared for proceedings under s. 971.08 regarding the person's plea of guilty or no contest, whichever is applicable.

AB75-ASA1,1434,5 (e) The department may modify a person's bifurcated sentence under this subsection only as follows:

AB75-ASA1,1434,9 1. The department shall reduce the term of confinement in prison portion of the person's bifurcated sentence in a manner that provides for the release of the person to extended supervision within 30 days after the date on which the department modifies the bifurcated sentence.

AB75-ASA1,1434,11 2. The department shall lengthen the term of extended supervision imposed so that the total length of the bifurcated sentence originally imposed does not change.

AB75-ASA1,1434,12 (f) This subsection does not apply to any of the following:

AB75-ASA1,1434,13 1. A person who is the subject of a bulletin issued under s. 301.46 (2m).

AB75-ASA1,1434,15 2. A person who has, in his or her lifetime, been convicted of or found not guilty by reason of mental disease or defect of a sex offense, as defined in s. 301.45 (1d) (b).

AB75-ASA1,1434,17 3. A person who has, in his or her lifetime, been found to have committed a sex offense in another jurisdiction, as defined in s. 301.45 (1d) (am).

AB75-ASA1,1434,18 4. A person who is required to register under s. 301.45.

AB75-ASA1,1434,19 5. A person who has, in his or her lifetime, been committed under ch. 975.

AB75-ASA1, s. 2739d Section 2739d. 302.1135 (title) of the statutes is created to read:

AB75-ASA1,1434,22 302.1135 (title) Release to extended supervision for extraordinary health circumstances.

AB75-ASA1, s. 2739f Section 2739f. 302.1135 (1) (a) of the statutes is created to read:

AB75-ASA1,1434,25 302.1135 (1) (a) "Commission" means the earned release review commission under s. 15.145.

AB75-ASA1, s. 2739h Section 2739h. 302.1135 (6) (a) (intro.) of the statutes is created to read:

AB75-ASA1,1435,3 302.1135 (6) (a) (intro.) If the inmate was sentenced to a bifurcated sentence under s. 973.01, the commission shall do all of the following:

AB75-ASA1, s. 2739j Section 2739j. 302.1135 (6) (b) of the statutes is created to read:

AB75-ASA1,1435,9 302.1135 (6) (b) If the inmate was sentenced to life imprisonment under s. 973.014, notwithstanding s. 973.014 (1g) (a) or (2), the commission shall release the inmate to extended supervision within 30 days after the date on which the commission modifies the sentence and shall impose the term of extended supervision so that the total length of the sentence originally imposed does not change.

AB75-ASA1, s. 2739p Section 2739p. 302.114 (9) (am) of the statutes is amended to read:

AB75-ASA1,1435,19 302.114 (9) (am) If a person released to extended supervision under this section or under s. 302.1135 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).

AB75-ASA1, s. 2740 Section 2740. 302.114 (9) (c) of the statutes is amended to read:

AB75-ASA1,1435,24 302.114 (9) (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 or until the department discharges the person under s. 973.01 (4m), whichever is appropriate.

AB75-ASA1, s. 2740b Section 2740b. 302.388 (1) (a) of the statutes is amended to read:

AB75-ASA1,1436,2 302.388 (1) (a) "Health care provider" has the meaning given in s. 146.81 (1) (a) to (p).

AB75-ASA1, s. 2740c Section 2740c. 302.425 (2) of the statutes is amended to read:

AB75-ASA1,1436,9 302.425 (2) Sheriff's or superintendent's general authority. Subject to the limitations under sub. (3), a county sheriff or a superintendent of a house of correction may place in the home detention program any person confined in jail who has been arrested for, charged with, convicted of or sentenced for a crime. The sheriff or superintendent may transfer any prisoner in the home detention program to the jail.

AB75-ASA1, s. 2740g Section 2740g. 302.425 (3) of the statutes is amended to read:

AB75-ASA1,1436,23 302.425 (3) Placement of a prisoner in the program. If a prisoner described under sub. (2) and the department agree, the The sheriff or superintendent may, if he or she determines that the home detention program is appropriate for a prisoner, place the prisoner in the home detention program and provide that the prisoner be detained at the prisoner's place of residence or other place designated by the sheriff or superintendent and be monitored by an active electronic monitoring system. The sheriff or superintendent shall establish reasonable terms of detention and ensure that the prisoner is provided a written statement of those terms, including a description of the detention monitoring procedures and requirements and of any applicable liability issues. The terms may include a requirement that the prisoner pay the county a daily fee to cover the county costs associated with monitoring him or her. The county may obtain payment under this subsection or s. 302.372, but may not collect for the same expenses twice.

AB75-ASA1, s. 2740n Section 2740n. 302.425 (7) of the statutes is renumbered 302.425 (7) (intro.) and amended to read:

AB75-ASA1,1437,2 302.425 (7) Court-ordered detention Exceptions. (intro.) This section does not apply to persons sentenced under s. 973.04.:

AB75-ASA1, s. 2740r Section 2740r. 302.425 (7) (a) of the statutes is created to read:

AB75-ASA1,1437,4 302.425 (7) (a) A person sentenced under s. 973.04.

AB75-ASA1, s. 2740w Section 2740w. 302.425 (7) (b) of the statutes is created to read:

AB75-ASA1,1437,7 302.425 (7) (b) A person in jail pending the disposition of his or her parole, extended supervision, or probation revocation proceedings.

AB75-ASA1, s. 2741e Section 2741e. 303.065 (5) (dm) of the statutes is amended to read:

AB75-ASA1,1437,10 303.065 (5) (dm) Payment for legal representation under s. 977.07 (2) (2m), 977.075 or 977.076;

AB75-ASA1, s. 2742 Section 2742. 304.01 (title) of the statutes is amended to read:

AB75-ASA1,1437,13 304.01 (title) Parole Earned release review commission and commission chairperson; general duties.

AB75-ASA1, s. 2743 Section 2743. 304.01 (1) of the statutes is amended to read:

AB75-ASA1,1437,18 304.01 (1) The chairperson of the parole earned release review commission shall administer and supervise the commission and its activities and shall be the final parole granting authority for granting parole or release to extended supervision, except as provided in s. 304.02.

AB75-ASA1, s. 2744 Section 2744. 304.01 (2) (intro.) of the statutes is amended to read:

AB75-ASA1,1438,2 304.01 (2) (intro.) The parole earned release review commission shall conduct regularly scheduled interviews to consider the parole or release to extended supervision of eligible inmates of the adult correctional institutions under the control of the department of corrections, eligible inmates transferred under ch. 51 and under the control of the department of health services and eligible inmates in any county house of correction. The department of corrections shall provide all of the following to the parole earned release review commission:

AB75-ASA1, s. 2745 Section 2745. 304.01 (2) (b) of the statutes is amended to read:

AB75-ASA1,1438,6 304.01 (2) (b) Scheduling assistance for parole interviews for prisoners who have applied for parole or release to extended supervision at the correctional institutions.

AB75-ASA1, s. 2746 Section 2746. 304.01 (2) (c) of the statutes is amended to read:

AB75-ASA1,1438,9 304.01 (2) (c) Clerical support related to the parole interviews for prisoners who have applied for parole or release to extended supervision.

AB75-ASA1, s. 2747 Section 2747. 304.01 (2) (d) of the statutes is amended to read:

AB75-ASA1,1438,13 304.01 (2) (d) Appropriate physical space at the correctional institutions to conduct the parole interviews for prisoners who have applied for parole or release to extended supervision.

AB75-ASA1, s. 2748 Section 2748. 304.06 (title) of the statutes is amended to read:

AB75-ASA1,1438,16 304.06 (title) Paroles Release to parole or extended supervision from state prisons and house of correction.

AB75-ASA1, s. 2749 Section 2749. 304.06 (1) (a) 1. of the statutes is amended to read:

AB75-ASA1,1438,19 304.06 (1) (a) 1. "Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.

AB75-ASA1, s. 2750 Section 2750. 304.06 (1) (b) of the statutes is amended to read:

AB75-ASA1,1439,12 304.06 (1) (b) Except as provided in s. 961.49 (2), 1999 stats., sub. (1m) or s. 302.045 (3), 302.05 (3) (b), 973.01 (6), or 973.0135, the parole earned release review commission may parole an inmate of the Wisconsin state prisons or any felon or any person serving at least one year or more in a county house of correction or a county reforestation camp organized under s. 303.07, when he or she has served 25% of the sentence imposed for the offense, or 6 months, whichever is greater. Except as provided in s. 939.62 (2m) (c) or 973.014 (1) (b) or (c), (1g) or (2), the parole earned release review commission may parole an inmate serving a life term when he or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject to extension under s. 302.11 (1q) and (2), if applicable. The person serving the life term shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary may grant special action parole releases under s. 304.02. The department or the parole earned release review commission shall not provide any convicted offender or other person sentenced to the department's custody any parole eligibility or evaluation for parole or release to extended supervision until the person has been confined at least 60 days following sentencing.

AB75-ASA1, s. 2751 Section 2751. 304.06 (1) (bg) of the statutes is created to read:

AB75-ASA1,1440,2 304.06 (1) (bg) 1. A person sentenced under s. 973.01 for a Class F to Class I felony or a misdemeanor, committed on or after the effective date of this subdivision .... [LRB inserts date], that is not a violent offense, as defined in s. 301.048 (2) (bm) 1., and who is ineligible for positive adjustment time under s. 302.113 (2) (b) pursuant to s. 973.01 (3d) (b) or for a Class F to Class I felony that is a violent offense, as defined in s. 301.048 (2) (bm) 1., may earn one day of positive adjustment time for every 3 days served that he or she does not violate any regulation of the prison or does not refuse or neglect to perform required or assigned duties. The person may petition the earned release review commission for release to extended supervision when he or she has served the term of confinement in prison portion of his or her bifurcated sentence, as modified by the sentencing court under s. 302.045 (3m) (b) 1. or 302.05 (3) (c) 2. a., less positive adjustment time he or she has earned. This subdivision does not apply to any of the following:

AB75-ASA1,1440,3 a. A person who is the subject of a bulletin issued under s. 301.46 (2m).

AB75-ASA1,1440,5 b. A person who has, in his or her lifetime, been convicted of or found not guilty by reason of mental disease or defect of a sex offense, as defined in s. 301.45 (1d) (b).

AB75-ASA1,1440,7 c. A person who has, in his or her lifetime, been found to have committed a sex offense in another jurisdiction, as defined in s. 301.45 (1d) (am).

AB75-ASA1,1440,8 d. A person who is required to register under s. 301.45.

AB75-ASA1,1440,9 e. A person who has, in his or her lifetime, been committed under ch. 975.

AB75-ASA1,1440,11 f. A person who is serving, begins to serve, or who has served during his or her current period of confinement, a sentence for a Class C to Class E felony.

AB75-ASA1,1440,21 2. A person sentenced under s. 973.01 for a Class C to Class E felony committed on or after the effective date of this subdivision .... [LRB inserts date], may earn one day of positive adjustment time for every 5.7 days served that he or she does not violate any regulation of the prison or does not refuse or neglect to perform required or assigned duties. An inmate convicted of a Class C to Class E felony may petition the earned release review commission for release to extended supervision when he or she has served the term of confinement in prison portion of his or her bifurcated sentence, as modified by the sentencing court under s. 302.045 (3m) (b) 1. or 302.05 (3) (c) 2. a., less positive adjustment time he or she has earned. This subdivision does not apply to any of the following:

AB75-ASA1,1440,22 a. A person who is the subject of a bulletin issued under s. 301.46 (2m).

AB75-ASA1,1440,24 b. A person who has, in his or her lifetime, been convicted of or found not guilty by reason of mental disease or defect of a sex offense, as defined in s. 301.45 (1d) (b).

AB75-ASA1,1441,2 c. A person who has, in his or her lifetime, been found to have committed a sex offense in another jurisdiction, as defined in s. 301.45 (1d) (am).

AB75-ASA1,1441,3 d. A person who is required to register under s. 301.45.

AB75-ASA1,1441,4 e. A person who has, in his or her lifetime, been committed under ch. 975.

AB75-ASA1,1441,14 3. A person sentenced under s. 973.01 for a misdemeanor or for a Class F to Class I felony committed prior to the effective date of this subdivision .... [LRB inserts date], and who has not petitioned a sentencing court for a sentence adjustment under s. 973.195 (1r) for any offense for which he or she is incarcerated may apply for release to extended supervision when he or she has served at least 75 percent of the term of confinement portion of his or her bifurcated sentence, as modified by the sentencing court under s. 302.045 (3m) (b) 1. or 302.05 (3) (c) 2. a. or as modified by the department under s. 302.113 (9g), if applicable. This subdivision does not apply to a person who is serving, begins to serve, or who has served during his or her current period of confinement, a sentence for a Class C to Class E felony.

AB75-ASA1,1441,22 4. A person sentenced under s. 973.01 for a Class C to Class E felony committed prior to the effective date of this subdivision .... [LRB inserts date], and who has not petitioned a sentencing court for a sentence adjustment under s. 973.195 (1r) for any offense for which he or she is incarcerated may apply for release to extended supervision when he or she has served at least 85 percent of the term of confinement portion of his or her bifurcated sentence, as modified by the sentencing court under s. 302.045 (3m) (b) 1. or 302.05 (3) (c) 2. a. or as modified by the department under s. 302.113 (9g), if applicable.

AB75-ASA1, s. 2751m Section 2751m. 304.06 (1) (bk) of the statutes is created to read:

AB75-ASA1,1442,5 304.06 (1) (bk) 1. When an inmate is within 90 days of release to extended supervision under par. (bg), the earned release review committee shall notify the sentencing court that it intends to modify the inmate's sentence and release the inmate to extended supervision under par. (bg), and the court may hold a review hearing. If the court does not schedule a review hearing within 30 days after notification under this subsection, the earned release review committee may proceed under par. (bg).

AB75-ASA1,1442,8 2. a. If the sentencing court opts to conduct a review, it shall hold the hearing and issue an order relating to the inmate's sentence modification and release to extended supervision within 60 days of its notification under subd. 1.

AB75-ASA1,1442,16 b. At the hearing, the court may consider the inmate's conduct in prison, his or her level of risk of reoffending, based on a verified, objective instrument, and the nature of the offense committed by the inmate. The court may accept the earned release review committee's determination that the inmate has earned positive adjustment time under par. (bg), reject the earned release review committee's determination that the inmate has earned positive adjustment time under par. (bg), or order the inmate to remain in prison for a period that does not exceed the time remaining on the inmate's term of confinement.

AB75-ASA1, s. 2752 Section 2752. 304.06 (1) (bn) of the statutes is created to read:

AB75-ASA1,1442,20 304.06 (1) (bn) The earned release review commission may consider any of the following as a ground for a petition under par. (bg) for release to extended supervision:

AB75-ASA1,1442,23 1. The inmate's conduct, efforts at and progress in rehabilitation, or participation and progress in education, treatment, or other correctional programs since he or she was sentenced.

AB75-ASA1,1442,25 2. The inmate is subject to a sentence of confinement in another state or the inmate is in the United States illegally and may be deported.

AB75-ASA1,1442,26 3. Sentence adjustment is otherwise in the interests of justice.

AB75-ASA1, s. 2753 Section 2753. 304.06 (1) (br) of the statutes is created to read:

AB75-ASA1,1443,4 304.06 (1) (br) The earned release review commission may reduce the term of confinement of a person who petitions under par. (bg) only as follows:

AB75-ASA1,1443,8 1. If the inmate is serving the term of confinement in prison portion of the sentence, a reduction in the term of confinement in prison by the amount of time remaining in the term of confinement in prison portion of the sentence, less up to 30 days, and a corresponding increase in the term of extended supervision.