AB831: Bill Text

AB831,6,14 302.113 (9) (ag) 1. “Abscond” means to fail to report or make oneself available for supervision for a period of more than 60 consecutive days.

AB831,6,15 2. “Crime" has the meaning given in s. 939.12.

AB831,15 Section 15. 302.113 (9) (am) of the statutes is renumbered 302.113 (9) (am) 1. (intro.) and amended to read:

AB831,6,21 302.113 (9) (am) 1. (intro.) If a person released to extended supervision under this section violates a condition of extended supervision, the reviewing authority may not revoke the extended supervision of the person. unless one of the following applies:

AB831,6,25 2. If the extended supervision of the person is revoked under subd. 1., the reviewing authority shall order the person to be returned to prison for any specified period of time that does not exceed the time remaining on the bifurcated sentence. The time

AB831,7,5 (ag) 4. “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.

AB831,7,8 (am) 3. The order returning a person to prison under this paragraph subd. 2. shall provide the person whose extended supervision was revoked with credit in accordance with ss. 304.072 and 973.155.

AB831,16 Section 16 . 302.113 (9) (am) 1. a. to e. of the statutes are created to read:

AB831,7,11 302.113 (9) (am) 1. a. The person committed 3 or more independent violations during his or her term of extended supervision.

AB831,7,13 b. The condition that the person violated was a condition that the person not contact any specified individual.

AB831,7,14 c. The person was required to register as a sex offender under s. 301.45.

AB831,7,16 d. When the person violated the condition of extended supervision, the person also allegedly committed a crime.

AB831,7,17 e. The person absconded.

AB831,17 Section 17. 302.113 (9) (b) of the statutes is amended to read:

AB831,8,2 302.113 (9) (b) A person who is returned to prison after revocation of extended supervision shall be incarcerated for the entire period of time specified by the order under par. (am) 2. The period of time specified under par. (am) 2. may be extended in accordance with sub. (3). If a person is returned to prison under par. (am) 2. for a period of time that is less than the time remaining on the bifurcated sentence, the person shall be released to extended supervision after he or she has served the period of time specified by the order under par. (am) 2. and any periods of extension imposed in accordance with sub. (3).

AB831,18 Section 18. 302.113 (9) (c) of the statutes is amended to read:

AB831,8,12 302.113 (9) (c) A person who is subsequently released to extended supervision after service of the period of time specified by the order under par. (am) 2. is subject to all conditions and rules under sub. (7) and, if applicable, sub. (7m) until the expiration of the time remaining extended supervision portion of on the bifurcated sentence. The remaining extended supervision portion of the bifurcated sentence is the total length of the bifurcated sentence, less the time served by the person in confinement under the bifurcated sentence before release to extended supervision under sub. (2) and less all time served in confinement for previous revocations of extended supervision under the bifurcated sentence.

AB831,19 Section 19 . 302.114 (9) (ag) of the statutes is amended to read:

AB831,8,15 302.114 (9) (ag) In this subsection “reviewing authority" has the meaning given in s. 302.113 (9) (ag) 3.

AB831,20 Section 20 . 302.115 of the statutes is created to read:

AB831,8,18 302.115 Sanctions for violation of condition of probation, parole, or extended supervision. (1) In this section:

AB831,8,20 (a) “Abscond” means to fail to report or make oneself available for supervision for a period of more than 60 consecutive days.

AB831,8,23 (b) “Reviewing authority” means the division of hearings and appeals in the department of administration or, if a hearing is waived under par. (5), the department.

AB831,9,3 (2) Notwithstanding ss. 302.11 (7), 302.113 (9), and 973.10 (2), if a person on probation or parole or a person on extended supervision under s. 302.113 violates a condition or rule of that probation, parole, or extended supervision, the department may initiate a proceeding before the division of hearings and appeals in the department of administration to sanction the person for the violation.

AB831,9,6 (3) The division of hearings and appeals in the department of administration shall hold a hearing no later than 14 days after the department initiates the proceeding to determine the appropriate sanction for the violation.

AB831,9,7 (4) The reviewing authority may impose one of the following sanctions:

AB831,9,9 (a) Except as provided under par. (b), imprisonment for a period not to exceed 30 days.

AB831,9,11 (b) Imprisonment for a period not to exceed 90 days if any of the following applies:

AB831,9,13 1. The person has committed 3 or more independent violations during his or her term of probation, parole, or extended supervision.

AB831,9,15 2. The condition that the person violated was a condition that the person not contact any specified individual.

AB831,9,16 3. The person was required to register as a sex offender under s. 301.45.

AB831,9,18 4. When the person violated the condition of probation, parole, or extended supervision, the person also allegedly committed a crime.

AB831,9,19 5. The person absconded.

AB831,9,23 (5) A person who is the subject of a proceeding under this section may waive the hearing under sub. (3) by signing a statement admitting the violation. If the person waives the hearing under this subsection, the reviewing authority may impose a sanction under sub. (4).

AB831,10,3 (6) If a person is confined in a county jail under this section, the department shall reimburse the county for its actual costs in confining the person from the appropriations under s. 20.410 (1) (ab) and (b).

AB831,21 Section 21 . 302.33 (1) of the statutes is amended to read:

AB831,10,12 302.33 (1) The maintenance of persons who have been sentenced to the state penal institutions; persons in the custody of the department, except as provided in sub. (2) and ss. 301.048 (7), 302.113 (8m), and 302.114 (8m), and 302.115; persons accused of crime and committed for trial; persons committed for the nonpayment of fines and expenses; and persons sentenced to imprisonment therein, while in the county jail, shall be paid out of the county treasury. No claim may be allowed to any sheriff for keeping or boarding any person in the county jail unless the person was lawfully detained therein.

AB831,22 Section 22 . 303.08 (1) (intro.) of the statutes is amended to read:

AB831,10,19 303.08 (1) (intro.) Any person sentenced to a county jail for crime, nonpayment of a fine or forfeiture, or contempt of court or subject to a confinement sanction under s. 302.113 (8m) or 302.114 (8m) or 302.115 or a probationer detained in a county jail, tribal jail, or other county facility for a probation violation who meets the criteria under s. 302.335 (2j) may be granted the privilege of leaving the jail during necessary and reasonable hours for any of the following purposes:

AB831,23 Section 23 . 303.08 (2) of the statutes is amended to read:

AB831,11,3 303.08 (2) Unless such privilege is expressly granted by the court or, in the case of a person subject to a confinement sanction under s. 302.113 (8m) or 302.114 (8m) or 302.115, the department, the person is sentenced to ordinary confinement. A prisoner, other than a person subject to a confinement sanction under s. 302.113 (8m) or 302.114 (8m) or 302.115, may petition the court for such privilege at the time of sentence or thereafter, and in the discretion of the court may renew the prisoner's petition. The court may withdraw the privilege at any time by order entered with or without notice.

AB831,24 Section 24 . 303.08 (5) (intro.) of the statutes is amended to read:

AB831,11,9 303.08 (5) (intro.) By order of the court or, for a person subject to a confinement sanction under s. 302.113 (8m) or 302.114 (8m) or 302.115, by order of the department, the wages, salary and unemployment insurance and employment training benefits received by prisoners shall be disbursed by the sheriff for the following purposes, in the order stated:

AB831,25 Section 25 . 303.08 (6) of the statutes is amended to read:

AB831,11,16 303.08 (6) The department, for a person subject to a confinement sanction under s. 302.113 (8m) or 302.114 (8m) or 302.115, or the sentencing court, by order, may authorize the sheriff to whom the prisoner is committed to arrange with another sheriff for the employment or employment training of the prisoner in the other's county, and while so employed or trained to be in the other's custody but in other respects to be and continue subject to the commitment.

AB831,26 Section 26 . 303.08 (12) of the statutes is amended to read:

AB831,11,22 303.08 (12) In counties having a house of correction, any person violating the privilege granted under sub. (1) may be transferred by the county jailer to the house of correction for the remainder of the term of the person's sentence or, if applicable, the remainder of the person's confinement sanction under s. 302.113 (8m) or 302.114 (8m) or 302.115.

AB831,27 Section 27 . 304.06 (3) of the statutes is amended to read:

AB831,11,25 304.06 (3) (a) Every paroled prisoner remains in the legal custody of the department unless otherwise provided by the department.

AB831,12,5 (b) If the department alleges that any condition or rule of parole has been violated by the prisoner, the department may take physical custody of the prisoner for the investigation of the alleged violation. If the department is satisfied that any condition or rule of parole has been violated it shall afford the prisoner such administrative hearings as are required by law.

AB831,12,9 (c) Unless waived by the parolee, the final administrative hearing shall be held before a hearing examiner from the division of hearings and appeals in the department of administration who is licensed to practice law in this state. The hearing examiner shall enter an order revoking or not revoking parole under par. (g).

AB831,12,11 (d) Upon request by either party, the administrator of the division of hearings and appeals in the department of administration shall review the order.

AB831,12,14 (e) The hearing examiner may order that a deposition be taken by audiovisual means and allow the use of a recorded deposition under s. 967.04 (7) to (10) in a hearing under this subsection.

AB831,12,16 (f) If the parolee waives the final administrative hearing, the secretary of corrections shall enter an order revoking or not revoking parole.

AB831,12,22 (g) If the examiner, the administrator upon review, or the secretary in the case of a waiver finds that the prisoner has violated the rules or conditions of parole, the examiner, the administrator upon review, or the secretary in the case of a waiver, may order the prisoner returned to prison to continue serving his or her sentence, or to continue on parole. The hearing examiner, administrator, or secretary may not revoke parole under this subsection unless one of the following applies:

AB831,12,25 (h) If the prisoner claims or appears to be indigent, the department shall refer the prisoner to the authority for indigency determinations specified under s. 977.07 (1).

AB831,28 Section 28. 304.06 (3) (g) 1. to 5. of the statutes are created to read:

AB831,13,3 304.06 (3) (g) 1. The person has committed 3 or more independent violations while released on parole.

AB831,13,5 2. The condition that the person violated was a condition that the person not contact any specified individual.

AB831,13,6 3. The person was required to register as a sex offender under s. 301.45.

AB831,13,8 4. When the person violated the condition of parole, the person also allegedly committed a crime.

AB831,13,9 5. The person absconded, as defined in s. 302.11 (7) (ag) 1.

AB831,29 Section 29 . 304.06 (3g) of the statutes is repealed.

AB831,30 Section 30. 808.075 (4) (g) 3. of the statutes is amended to read:

AB831,13,13 808.075 (4) (g) 3. Imposition of sentence upon revocation of probation under s. 973.10 (2) (a) (bm) 2. a.

AB831,31 Section 31 . 950.04 (1v) (vg) of the statutes is amended to read:

AB831,13,18 950.04 (1v) (vg) To have the department of corrections make a reasonable attempt to notify the victim, pursuant to s. 302.107, of a revocation of parole or of release to extended supervision under s. 302.11 (7), 302.113 (9), 302.114 (9), or 304.06 (3) or (3g).

AB831,32 Section 32. 973.10 (2) (intro.) of the statutes is renumbered 973.10 (2) (am) and amended to read:

AB831,14,3 973.10 (2) (am) If a probationer violates the conditions of probation, the department of corrections may initiate a proceeding before the division of hearings and appeals in the department of administration. Unless waived by the probationer, a hearing examiner for the division shall conduct an administrative hearing and enter an order either revoking or not revoking probation. Upon request of either party, the administrator of the division shall review the order. If the probationer waives the final administrative hearing, the secretary of corrections shall enter an order either revoking or not revoking probation.

AB831,14,4 (bm) 2. If probation is revoked, the department shall do one of the following:

AB831,33 Section 33. 973.10 (2) (a) and (b) of the statutes are renumbered 973.10 (2) (bm) 2. a. and b.

AB831,34 Section 34 . 973.10 (2) (bm) 1. of the statutes is created to read:

AB831,14,9 973.10 (2) (bm) 1. Probation may not be revoked unless one of the following applies:

AB831,14,10 a. The person committed 3 or more independent violations while on probation.

AB831,14,12 b. The condition that the person violated was a condition that the person not contact any specified individual.

AB831,14,13 c. The person was required to register as a sex offender under s. 301.45.

AB831,14,15 d. When the person violated the condition of probation, the person also allegedly committed a crime.

AB831,14,16 e. The person absconded, as defined in s. 302.113 (9) (ag) 1.

AB831,35 Section 35 . 973.10 (2s) of the statutes is repealed.

AB831,36 Section 36. Initial applicability.

AB831,14,20 (1) This act first applies to an order entered on the effective date of this subsection.

AB831,14,21 (End)