AB75-ASA1, s. 2721 Section 2721. 302.113 (2) of the statutes is renumbered 302.113 (2) (a) and amended to read:

AB75-ASA1,1421,24 302.113 (2) (a) Except as provided in par. (b) and subs. (3) and (9) and s. 304.06, an inmate subject to this section is entitled to release to extended supervision after he or she has served the term of confinement in prison portion of the sentence imposed under s. 973.01, as modified by the department under sub. (9h), as modified under s. 302.1135 by the earned release review commission in the manner specified in s. 302.1135 (6) (a), or as modified by the sentencing court under sub. (9g) or s. 302.045 (3m) (b) 1., 302.05 (3) (c) 2. a., or 973.195 (1r), if applicable.

AB75-ASA1, s. 2722 Section 2722. 302.113 (2) (b) of the statutes is created to read:

AB75-ASA1,1422,13 302.113 (2) (b) An inmate sentenced under s. 973.01 for a misdemeanor or for a Class F to Class I felony, committed on or after the effective date of this paragraph .... [LRB inserts date], that is not a violent offense, as defined in s. 301.048 (2) (bm) 1., may earn one day of positive adjustment time for every 2 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 misdemeanor or a Class F to Class I felony, committed on or after the effective date of this paragraph .... [LRB inserts date], that is not a violent offense, as defined in s. 301.048 (2) (bm) 1., shall be released 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., if applicable, less positive adjustment time he or she has earned. This paragraph does not apply to any of the following:

AB75-ASA1,1422,14 1. A person who is the subject of a bulletin issued under s. 301.46 (2m).

AB75-ASA1,1422,16 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-ASA1,1422,18 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-ASA1,1422,19 4. A person who is required to register under s. 301.45.

AB75-ASA1,1422,20 5. A person who has, in his or her lifetime, been committed under ch. 975.

AB75-ASA1,1422,21 6. A violent offender, as defined in s. 16.964 (12) (a).

AB75-ASA1,1422,24 7. 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 F to Class I felony that is a violent offense, as defined in s. 301.048 (2) (bm) 1.

AB75-ASA1,1423,2 8. 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-ASA1,1423,4 9. A person who is ineligible for positive adjustment time under this paragraph pursuant to s. 973.01 (3d) (b).

AB75-ASA1, s. 2722L Section 2722L. 302.113 (2) (c) of the statutes is created to read:

AB75-ASA1,1423,11 302.113 (2) (c) 1. When an inmate is within 90 days of release to extended supervision under par. (b), the department shall notify the sentencing court that it intends to modify the inmate's sentence and release the inmate to extended supervision under par. (b), 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 department may proceed under par. (b).

AB75-ASA1,1423,14 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-ASA1,1423,22 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 department's determination that the inmate has earned positive adjustment time under par. (b), reject the department's determination that the inmate has earned positive adjustment time under par. (b), 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. 2723 Section 2723. 302.113 (3) (d) of the statutes is amended to read:

AB75-ASA1,1424,2 302.113 (3) (d) If the term of confinement in prison portion of a bifurcated sentence for a Class B felony is increased under this subsection, the term of extended supervision is reduced so that the total length of the bifurcated sentence does not change.

AB75-ASA1, s. 2724 Section 2724. 302.113 (3) (e) of the statutes is created to read:

AB75-ASA1,1424,7 302.113 (3) (e) If an inmate is released to extended supervision under sub. (2) (b) after he or she has served less than his or her entire confinement in prison portion of the sentence imposed under s. 973.01, the term of extended supervision is increased so that the total length of the bifurcated sentence does not change.

AB75-ASA1, s. 2724h Section 2724h. 302.113 (3m) (a) and (b) of the statutes are created to read:

AB75-ASA1,1424,14 302.113 (3m) (a) The warden or superintendent shall keep a record of the conduct of each inmate who is returned to prison after revocation of extended supervision, specifying each infraction of the rules. If a person violates any regulation of the prison or refuses or neglects to participate in required programming or treatment, the department may extend the period imposed under sub. (9) by not more than 90 days.

AB75-ASA1,1424,17 (b) No extension under par. (a) may require a person to serve more days in prison than the total length of the bifurcated sentence imposed on the person under s. 973.01.

AB75-ASA1, s. 2725 Section 2725. 302.113 (7) of the statutes is amended to read:

AB75-ASA1,1425,2 302.113 (7) Any inmate released to extended supervision under this section is subject to all conditions and rules of extended supervision until the expiration of the term of extended supervision portion of the bifurcated sentence or until the department discharges the inmate under s. 973.01 (4m), whichever is appropriate. 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. (7m) or s. 973.01 (5) if the conditions set by the department do not conflict with the court's conditions.

AB75-ASA1, s. 2726 Section 2726. 302.113 (9) (am) of the statutes is renumbered 302.113 (9) (am) 1. and amended to read:

AB75-ASA1,1425,13 302.113 (9) (am) 1. 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 reviewing authority shall order the person to be returned to prison for any specified period of time that does not exceed, except as provided in subd. 2., 6 months or the time remaining on the bifurcated sentence. The, whichever is less.

AB75-ASA1,1425,18 3. For purposes of subds. 1. and 2., the time remaining on the bifurcated sentence is the total length of the bifurcated sentence, less time served by the person in confinement under the sentence before release to extended supervision under sub. (2) and less all time served in confinement for previous revocations of extended supervision under the sentence.