SB237,66,223
302.114
(6) (c) The notice under par. (b) shall inform the victim that he or she
24may appear at the hearing under sub. (5) or (9)
(b)
(bm), if a hearing is scheduled,
1and shall inform the victim of the manner in which he or she may provide written
2statements concerning the inmate's petition for release to extended supervision.
SB237, s. 147
3Section
147. 302.114 (8m) of the statutes is created to read:
SB237,66,84
302.114
(8m) (a) Every person released to extended supervision under this
5section remains in the legal custody of the department. If the department alleges
6that any condition or rule of extended supervision has been violated by the person,
7the department may take physical custody of the person for the investigation of the
8alleged violation.
SB237,66,179
(b) If a person released to extended supervision under this section signs a
10statement admitting a violation of a condition or rule of extended supervision, the
11department may, as a sanction for the violation, confine the person for up to 90 days
12in a regional detention facility or, with the approval of the sheriff, in a county jail.
13If the department confines the person in a county jail under this paragraph, the
14department shall reimburse the county for its actual costs in confining the person
15from the appropriations under s. 20.410 (1) (ab) and (b). Notwithstanding s. 302.43,
16the person is not eligible to earn good time credit on any period of confinement
17imposed under this subsection.
SB237, s. 148
18Section
148. 302.114 (9) of the statutes is amended to read:
SB237,67,519
302.114
(9) (a) If a person released to extended supervision under this section
20violates a condition of extended supervision, the division of hearings and appeals in
21the department of administration, upon proper notice and hearing, or the
22department of corrections, if the person on extended supervision waives a hearing,
23may revoke the extended supervision of the person
and return the person to prison.
24If
the extended supervision of the person is
revoked, the person shall be returned to
25the circuit court for the county in which the person was convicted of the offense for
1which he or she was on extended supervision, and the court shall order the person
2to be returned to prison
, he or she shall be returned to prison for a specified period
3of time
, as provided under par. (b) before he or she is eligible for being released again
4to extended supervision. The period of time specified under this paragraph may not
5be less than 5 years and may be extended in accordance with sub. (3).
SB237,67,136
(b)
If When a person is returned to
prison court under par. (a) after revocation
7of extended supervision, the department of corrections
, in the case of a waiver
, or the
8division of hearings and appeals in the department of administration
, in the case of
9a hearing
under par. (a), shall
specify a make a recommendation to the court
10concerning the period of time for which the person
shall be incarcerated should be
11returned to prison before being eligible for release to extended supervision. The
12period of time
specified recommended under this paragraph may not be less than 5
13years
and may be extended in accordance with sub. (3).
SB237,67,2414
(bm) A person who is returned to prison under par. (a) after revocation of
15extended supervision may, upon petition to the sentencing court, be released to
16extended supervision after he or she has served the entire period of time specified
17in by the court under par.
(b) (a), including any periods of extension imposed under
18sub. (3). A person may not file a petition under this paragraph earlier than 90 days
19before the date on which he or she is eligible to be released to extended supervision.
20If a person files a petition for release to extended supervision under this paragraph
21at any time earlier than 90 days before the date on which he or she is eligible to be
22released to extended supervision, the court shall deny the petition without a hearing.
23The procedures specified in sub. (5) (am) to (f) apply to a petition filed under this
24paragraph.
SB237,68,3
1(c) A person who is subsequently released to extended supervision under par.
2(b) (bm) is subject to all conditions and rules under sub. (8) until the expiration of the
3sentence.
SB237, s. 149
4Section
149. 302.114 (9) (d) of the statutes is created to read:
SB237,68,105
302.114
(9) (d) In any case in which there is a hearing before the division of
6hearings and appeals in the department of administration concerning whether to
7revoke a person's extended supervision, the person on extended supervision may
8seek review of a decision to revoke extended supervision and the department of
9corrections may seek review of a decision to not revoke extended supervision. Review
10of a decision under this paragraph may be sought only by an action for certiorari.
SB237, s. 150
11Section
150. 302.33 (1) of the statutes is amended to read:
SB237,68,1912
302.33
(1) The maintenance of persons who have been sentenced to the state
13penal institutions; persons in the custody of the department, except as provided in
14sub. (2) and
s. ss. 301.048 (7)
, 302.113 (8m) and 302.114 (8m); persons accused of
15crime and committed for trial; persons committed for the nonpayment of fines and
16expenses; and persons sentenced to imprisonment therein, while in the county jail,
17shall be paid out of the county treasury. No claim may be allowed to any sheriff for
18keeping or boarding any person in the county jail unless the person was lawfully
19detained therein.
SB237, s. 151
20Section
151. 303.065 (1) (b) 1. of the statutes is amended to read:
SB237,68,2521
303.065
(1) (b) 1. A person serving a life sentence, other than a life sentence
22specified in subd. 2., may be considered for work release only after he or she has
23reached parole eligibility under s. 304.06 (1) (b) or 973.014 (1) (a) or (b), whichever
24is applicable, or he or she has reached his or her extended supervision eligibility date
25under s. 302.114 (9)
(b) (a) or 973.014 (1g) (a) 1. or 2., whichever is applicable.
SB237, s. 152
1Section
152. 303.08 (1) (intro.) of the statutes is amended to read:
SB237,69,52
303.08
(1) (intro.) Any person sentenced to a county jail for crime, nonpayment
3of a fine or forfeiture
, or contempt of court
, or subject to a confinement sanction under
4s. 302.113 (8m) or 302.114 (8m) may be granted the privilege of leaving the jail during
5necessary and reasonable hours for any of the following purposes:
SB237, s. 153
6Section
153. 303.08 (2) of the statutes is amended to read:
SB237,69,137
303.08
(2) Unless such privilege is expressly granted by the court
or, in the case
8of a person subject to a confinement sanction under s. 302.113 (8m) or 302.114 (8m),
9the department, the
prisoner person is sentenced to ordinary confinement.
The A 10prisoner
, other than a person subject to a confinement sanction under s. 302.113 (8m)
11or 302.114 (8m), may petition the court for such privilege at the time of sentence or
12thereafter, and in the discretion of the court may renew the prisoner's petition. The
13court may withdraw the privilege at any time by order entered with or without notice.
SB237, s. 154
14Section
154. 303.08 (5) (intro.) of the statutes is amended to read:
SB237,69,1915
303.08
(5) (intro.) By order of the court
or, for a person subject to a confinement
16sanction under s. 302.113 (8m) or 302.114 (8m), by order of the department, the
17wages, salary and unemployment insurance and employment training benefits
18received by prisoners shall be disbursed by the sheriff for the following purposes, in
19the order stated:
SB237, s. 155
20Section
155. 303.08 (6) of the statutes is amended to read:
SB237,70,221
303.08
(6) The
department, for a person subject to a confinement sanction
22under s. 302.113 (8m) or 302.114 (8m), or the sentencing court
may, by order
, may 23authorize the sheriff to whom the prisoner is committed to arrange with another
24sheriff for the employment or employment training of the prisoner in the other's
1county, and while so employed or trained to be in the other's custody but in other
2respects to be and continue subject to the commitment.
SB237, s. 156
3Section
156. 303.08 (12) of the statutes is amended to read:
SB237,70,84
303.08
(12) In counties having a house of correction, any person violating the
5privilege granted under sub. (1) may be transferred by the county jailer to the house
6of correction for the remainder of the term of the person's sentence
or, if applicable,
7the remainder of the person's confinement sanction under s. 302.113 (8m) or 302.114
8(8m).
SB237, s. 157
9Section
157. 304.06 (1) (b) of the statutes is amended to read:
SB237,70,2410
304.06
(1) (b) Except as provided in
s. 961.49 (2), 1997 stats., sub. (1m) or s.
11302.045 (3),
961.49 (2), 973.01 (6) or 973.0135, the parole commission may parole an
12inmate of the Wisconsin state prisons or any felon or any person serving at least one
13year or more in a county house of correction or a county reforestation camp organized
14under s. 303.07, when he or she has served 25% of the sentence imposed for the
15offense, or 6 months, whichever is greater. Except as provided in s. 939.62 (2m) (c)
16or 973.014 (1) (b) or (c), (1g) or (2), the parole commission may parole an inmate
17serving a life term when he or she has served 20 years, as modified by the formula
18under s. 302.11 (1) and subject to extension under s. 302.11 (1q) and (2), if applicable.
19The person serving the life term shall be given credit for time served prior to
20sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary
21may grant special action parole releases under s. 304.02. The department or the
22parole commission shall not provide any convicted offender or other person
23sentenced to the department's custody any parole eligibility or evaluation until the
24person has been confined at least 60 days following sentencing.
SB237, s. 158
25Section
158. 304.071 (2) of the statutes is amended to read:
SB237,71,3
1304.071
(2) If a prisoner is not eligible for parole under
s. 961.49 (2), 1997 stats.,
2or s. 939.62 (2m) (c),
961.49 (2), 973.01 (6), 973.014 (1) (c) or (1g) or 973.032 (5), he
3or she is not eligible for parole under this section.