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LRB-4357/2
EAW:cjs
2019 - 2020 LEGISLATURE
January 30, 2020 - Introduced by Representatives Goyke, Sortwell, Gruszynski,
Sargent, C. Taylor, Zamarripa, Neubauer, Anderson, Pope, Subeck,
Emerson, Bowen, Stubbs, Kolste, Crowley, Considine, L. Myers, Spreitzer,
Ohnstad and Billings, cosponsored by Senators L. Taylor, Johnson, Larson,
Risser and Smith. Referred to Committee on Judiciary. Referred to Joint
Review Committee on Criminal Penalties.
AB832,1,8 1An Act to repeal 973.01 (2) (d) 3.; to renumber and amend 302.113 (9) (ag) and
2302.113 (9) (am); to amend 20.410 (1) (a), 20.410 (1) (ab), 20.410 (1) (b), 302.11
3(7) (am), 302.113 (9) (b), 302.113 (9) (c), 302.114 (9) (ag), 304.072 (4), 911.01 (4)
4(c), 939.50 (3) (d), 950.04 (1v) (gm), 973.01 (2) (d) 4. and 973.15 (5); and to create
520.410 (1) (kj), 301.03 (6w), 973.01 (5m), 973.01 (8) (a) 6. and 973.156 of the
6statutes; relating to: sentence credits for time on parole or extended
7supervision, sentencing limitations on extended supervision, early discharge
8from extended supervision, making an appropriation, and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill limits the amount of time for which a sentencing court may sentence
a person to extended supervision for certain felonies, creates an earned compliance
credit for time spent on extended supervision or parole, and allows the sentencing
court to discharge a person early from extended supervision.
Under current law, a person who is imprisoned for a felony committed on or
after December 31, 1999, or a misdemeanor committed on or after February 1, 2003,
is sentenced to a bifurcated sentence, with the first portion of the sentence served in
confinement in prison and the second portion of the sentence served under extended
supervision in the community. Under current law, the sentencing court has

discretion in setting the length of confinement and the length of extended
supervision but generally, the length of confinement may not be more than 75 percent
of the total sentence and the length of extended supervision is capped based on the
classification of the crime committed. This bill reduces the cap for extended
supervision for a Class D felony from 10 years to 5 years.
Under current law, the Department of Corrections may not discharge a person
from extended supervision until the bifurcated sentence, as set by the sentencing
court, is complete. This bill allows the sentencing court to reduce the term of a
person's extended supervision and discharge the person from extended supervision
after he or she has served the lesser of three years or 50 percent of the term of
extended supervision without violating the conditions and rules of supervision if the
person has met all of his or her financial obligations, is not required to register as a
sex offender, and is serving a sentence for a crime that is not a crime against life or
bodily security or a specified crime against a child.
Under current law, a person's extended supervision or parole may be revoked
if he or she violates a condition of the extended supervision or parole. Under current
law, if extended supervision or parole is revoked, the Division of Hearings and
Appeals, or DOC if the person has waived a hearing, may order incarceration for up
to the length of the original sentence, less any time actually served in confinement
and less any credit for good behavior. Under this bill, a person receives an earned
compliance credit for time served on extended supervision or parole without any
condition or rule violations before the condition or rule violation that precipitated the
revocation occurred. Under the bill, a person is eligible to receive earned compliance
credit for time served on extended supervision or parole only if the person is not
required to register as a sex offender and is serving a sentence for a crime that is not
a crime against life or bodily security or a specified crime against a child. Under the
bill, if a person's extended supervision or parole is revoked, he or she may be
incarcerated for up to the length of the original sentence, less any credit for time
served in confinement, any credit for good behavior, and any earned compliance
credit.
This bill requires DOC to submit an annual report to the governor, the
legislature, and the director of state courts on early discharges from extended
supervision and the reduced days spent in incarceration due to the earned
compliance credit. Under the bill, the amount of money that DOC reports is saved
through these measures is used to reduce caseloads for community supervision
officers. This bill also requires DOC to review and report on the efficacy of its
standard conditions and rules of supervision to the governor, the legislature, and the
director of state courts.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.

For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB832,1 1Section 1 . 20.410 (1) (a) of the statutes is amended to read:
AB832,3,92 20.410 (1) (a) General program operations. The amounts in the schedule to
3operate institutions and provide field services and administrative services. No
4payments may be made under this paragraph for payments in accordance with other
5states party to the interstate corrections compact under s. 302.25. Annually, there
6is transferred from this appropriation to the appropriation account under s. 20.410
7(1) (kj) the amount of cost savings from reduced days of incarceration that resulted
8from the earned compliance credit under s. 973.156, as reported by the department
9under s. 301.03 (6w) (b).
AB832,2 10Section 2 . 20.410 (1) (ab) of the statutes is amended to read:
AB832,3,1811 20.410 (1) (ab) Corrections contracts and agreements. The amounts in the
12schedule for payments made in accordance with contracts entered into under ss.
13301.21, 302.25, and 302.27 (1), contracts entered into with the federal government
14under 18 USC 5003, and intra-agency agreements relating to the placement of
15prisoners. Annually, there is transferred from this appropriation to the
16appropriation account under s. 20.410 (1) (kj) the amount of cost savings from
17reduced days of incarceration that resulted from the earned compliance credit under
18s. 973.156, as reported by the department under s. 301.03 (6w) (b).
AB832,3 19Section 3 . 20.410 (1) (b) of the statutes is amended to read:
AB832,4,1020 20.410 (1) (b) Services for community corrections. The amounts in the schedule
21to provide services related to probation, extended supervision and parole, the

1intensive sanctions program under s. 301.048, the community residential
2confinement program under s. 301.046, programs of intensive supervision of adult
3offenders and minimum security correctional institutions established under s.
4301.13. No payments may be made under this paragraph for payments in accordance
5with other states party to the interstate corrections compact under s. 302.25.
6Annually, there is transferred from this appropriation to the appropriation account
7under s. 20.410 (1) (kj) the amount of cost savings from reduced days of community
8supervision that resulted from the earned compliance credit under s. 973.156 and
9early discharge from extended supervision under s. 973.01 (5m), as reported by the
10department under s. 301.03 (6w) (b).
AB832,4 11Section 4 . 20.410 (1) (kj) of the statutes is created to read:
AB832,4,1412 20.410 (1) (kj) Reduced caseloads for community supervision officers. All
13moneys transferred from the appropriation accounts under s. 20.410 (1) (a), (ab), and
14(b) to reduce caseloads for community supervision officers.
AB832,5 15Section 5. 301.03 (6w) of the statutes is created to read:
AB832,4,1616 301.03 (6w) (a) In this subsection, “recidivism” means any of the following:
AB832,4,1817 1. A return to prison upon revocation of extended supervision, parole, or
18probation.
AB832,4,2019 2. A conviction for a crime that was committed within 3 years of release from
20confinement.
AB832,5,621 (b) No later than June 15 of each year, the department shall submit a report
22to the governor, the chief clerk of each house of the legislature for distribution to the
23appropriate standing committees under s. 13.172 (3), and the director of state courts.
24The report shall include data on the earned compliance credit provided under s.
25973.156 and early discharge under s. 973.01 (5m) in the 12 months preceding the

1report, including the demographics of individuals who received the earned
2compliance credit or were discharged early and the rate of recidivism among those
3individuals and including an accounting of the cost savings from reduced days of
4incarceration or reduced days of parole or extended supervision that resulted from
5the earned compliance credit under s. 973.156 or early discharge from extended
6supervision under s. 973.01 (5m). The department shall report the data by region.
AB832,6 7Section 6. 302.11 (7) (am) of the statutes is amended to read:
AB832,5,138 302.11 (7) (am) The reviewing authority may return a parolee released under
9sub. (1) or (1g) (b) or s. 304.02 or 304.06 (1) to prison for a period up to the remainder
10of the sentence for a violation of the conditions of parole. The remainder of the
11sentence is the entire sentence, less time served in custody prior to parole and less
12any earned compliance credit under s. 973.156
. The revocation order shall provide
13the parolee with credit in accordance with ss. 304.072 and 973.155.
AB832,7 14Section 7 . 302.113 (9) (ag) of the statutes is renumbered 302.113 (9) (ag)
15(intro.) and amended to read:
AB832,5,1616 302.113 (9) (ag) (intro.) In this subsection “ reviewing:
AB832,5,19 171. “Reviewing authority" means the division of hearings and appeals in the
18department of administration, upon proper notice and hearing, or the department
19of corrections, if the person on extended supervision waives a hearing.
AB832,8 20Section 8. 302.113 (9) (am) of the statutes is renumbered 302.113 (9) (am) 1.
21and amended to read:
AB832,6,222 302.113 (9) (am) 1. If a person released to extended supervision under this
23section violates a condition of extended supervision, the reviewing authority may
24revoke the extended supervision of the person. If the extended supervision of the
25person is revoked, the reviewing authority shall order the person to be returned to

1prison for any specified period of time that does not exceed the time remaining on the
2bifurcated sentence. The time
AB832,6,7 3(ag) 2. “Time remaining on the bifurcated sentence is the total length of the
4bifurcated sentence, less time served by the person in confinement under the
5sentence before release to extended supervision under sub. (2), less any earned
6compliance credit under s. 973.156,
and less all time served in confinement for
7previous revocations of extended supervision under the sentence.
AB832,6,10 8(am) 2. The order returning a person to prison under this paragraph shall
9provide the person whose extended supervision was revoked with credit in
10accordance with ss. 304.072 and 973.155.
AB832,9 11Section 9. 302.113 (9) (b) of the statutes is amended to read:
AB832,6,1912 302.113 (9) (b) A person who is returned to prison after revocation of extended
13supervision shall be incarcerated for the entire period of time specified by the order
14under par. (am) 1. The period of time specified under par. (am) 1. may be extended
15in accordance with sub. (3). If a person is returned to prison under par. (am) 1. for
16a period of time that is less than the time remaining on the bifurcated sentence, the
17person shall be released to extended supervision after he or she has served the period
18of time specified by the order under par. (am) 1. and any periods of extension imposed
19in accordance with sub. (3).
AB832,10 20Section 10. 302.113 (9) (c) of the statutes is amended to read:
AB832,7,421 302.113 (9) (c) A person who is subsequently released to extended supervision
22after service of the period of time specified by the order under par. (am) 1. is subject
23to all conditions and rules under sub. (7) and, if applicable, sub. (7m) until the
24expiration of the time remaining extended supervision portion of on the bifurcated
25sentence. The remaining extended supervision portion of the bifurcated sentence is

1the total length of the bifurcated sentence, less the time served by the person in
2confinement under the bifurcated sentence before release to extended supervision
3under sub. (2) and less all time served in confinement for previous revocations of
4extended supervision under the bifurcated sentence.
AB832,11 5Section 11. 302.114 (9) (ag) of the statutes is amended to read:
AB832,7,76 302.114 (9) (ag) In this subsection “reviewing authority" has the meaning given
7in s. 302.113 (9) (ag) 1.
AB832,12 8Section 12. 304.072 (4) of the statutes is amended to read:
AB832,7,139 304.072 (4) The sentence of a revoked parolee or person on extended
10supervision resumes running on the day he or she is received at a correctional
11institution subject to sentence credit for the period of custody in a jail, correctional
12institution or any other detention facility pending revocation according to the terms
13of s. 973.155 and subject to earned compliance credit under s. 973.156.
AB832,13 14Section 13 . 911.01 (4) (c) of the statutes is amended to read:
AB832,7,2315 911.01 (4) (c) Miscellaneous proceedings. Proceedings for extradition or
16rendition; sentencing, granting or revoking probation, modification of a bifurcated
17sentence under s. 302.113 (9g), or adjustment of a bifurcated sentence under s.
18973.01 (5m), 973.195 (1r) or 973.198; issuance of subpoenas or warrants under s.
19968.375, arrest warrants, criminal summonses, and search warrants; hearings
20under s. 980.09 (2); proceedings under s. 971.14 (1r) (c); proceedings with respect to
21pretrial release under ch. 969 except where habeas corpus is utilized with respect to
22release on bail or as otherwise provided in ch. 969; or proceedings under s. 165.76 (6)
23to compel provision of a biological specimen for deoxyribonucleic acid analysis.
AB832,14 24Section 14. 939.50 (3) (d) of the statutes is amended to read:
AB832,8,2
1939.50 (3) (d) For a Class D felony, a fine not to exceed $100,000 or
2imprisonment not to exceed 25 20 years, or both.
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