AB831: Bill Text

2019 Assembly BILL 831

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 Corrections.

AB831,1,11 An Act to repeal 302.113 (8m) (b), 304.06 (3g) and 973.10 (2s); to renumber 302.113 (8m) (a) and 973.10 (2) (a) and (b); to renumber and amend 302.11 (7) (ag), 302.11 (7) (am), 302.113 (9) (ag), 302.113 (9) (am) and 973.10 (2) (intro.); to amend 20.410 (1) (a), 20.410 (1) (ab), 301.035 (2), 302.107 (2), 302.113 (9) (b), 302.113 (9) (c), 302.114 (9) (ag), 302.33 (1), 303.08 (1) (intro.), 303.08 (2), 303.08 (5) (intro.), 303.08 (6), 303.08 (12), 304.06 (3), 808.075 (4) (g) 3. and 950.04 (1v) (vg); and to create 20.410 (1) (kj), 301.03 (6s), 302.11 (7) (ag) 1., 302.11 (7) (am) 1. a. to e., 302.113 (9) (ag) 1. and 2., 302.113 (9) (am) 1. a. to e., 302.115, 304.06 (3) (g) 1. to 5. and 973.10 (2) (bm) 1. of the statutes; relating to: maximum period of imprisonment following revocation of extended supervision or probation and making an appropriation.

Analysis by the Legislative Reference Bureau

This bill changes the conditions under which a person's probation, parole, or extended supervision may be revoked and allows the use of short-term sanctions as an alternative to revocation.

Under current law, a person's probation, parole, or extended supervision may be revoked if he or she violates a condition or rule of probation, parole, or extended supervision. Under this bill, a person's probation, parole, or extended supervision may not be revoked unless one of the following conditions is met:

1. The person committed three or more independent violations during his or her term of probation, parole, or extended supervision.

2. The condition that the person violated was a condition that the person not contact any specified individual.

3. The person was required to register as a sex offender with the Department of Corrections.

4. When the person violated the rule or condition, the person also allegedly committed a crime.

5. The person absconded.

Under current law, if a person admits that he or she has violated a rule or condition of probation or extended supervision, DOC may sanction the person with imprisonment for up to 90 days. Under the bill, DOC may sanction the person with imprisonment for only 30 days, unless the violation meets the grounds for revocation of probation, parole, or extended supervision, in which case DOC may sanction the person with imprisonment for up to 90 days.

Under the bill, if DOC alleges that a person on probation, parole, or extended supervision has violated a rule or condition that is not grounds for revocation, and the person does not admit to the violation or waive a hearing, the Division of Hearings and Appeals must hold a hearing on the allegation of the violation and may impose a sanction of imprisonment for up to 30 days for the violation or up to 90 days if the violation meets the grounds for revocation. Under the bill, if the person waives a hearing, DOC may impose the sanction without a hearing.

Under the bill, DOC is required to submit an annual report to the governor, the legislature, and the state courts on data related to the revocation of extended supervision and probation and recidivism. The bill requires DOC to report on the amount of cost savings that results from the limitation on incarceration for revocations imposed under this bill. The bill requires DOC to use the money saved on incarceration under this bill to fund programs to reduce recidivism.

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:

AB831,1 Section 1 . 20.410 (1) (a) of the statutes is amended to read:

AB831,3,3 20.410 (1) (a) General program operations. The amounts in the schedule to operate institutions and provide field services and administrative services. No payments may be made under this paragraph for payments in accordance with other states party to the interstate corrections compact under s. 302.25. Annually, there is transferred from this appropriation account to the appropriation account under par. (kj) the cost savings reported under s. 301.03 (6s) (b) 4.

AB831,2 Section 2 . 20.410 (1) (ab) of the statutes is amended to read:

AB831,3,11 20.410 (1) (ab) Corrections contracts and agreements. The amounts in the schedule for payments made in accordance with contracts entered into under ss. 301.21, 302.25, and 302.27 (1), contracts entered into with the federal government under 18 USC 5003, and intra-agency agreements relating to the placement of prisoners. Annually, there is transferred from this appropriation account to the appropriation account under par. (kj) the cost savings reported under s. 301.03 (6s) (b) 4.

AB831,3 Section 3 . 20.410 (1) (kj) of the statutes is created to read:

AB831,3,16 20.410 (1) (kj) Recidivism reduction services. All moneys transferred from the appropriation accounts under pars. (a) and (ab) to provide services to persons who are on probation, or who are soon to be or are currently on parole or extended supervision, following a felony conviction, in an effort to reduce recidivism.

AB831,4 Section 4 . 301.03 (6s) of the statutes is created to read:

AB831,3,18 301.03 (6s) (a) In this subsection, “recidivism” means any of the following:

AB831,3,20 1. A return to prison upon revocation of extended supervision, parole, or probation.

AB831,3,22 2. A conviction for a crime that was committed within 3 years of release from confinement.

AB831,4,2 (b) No later than June 15 each year, submit a report on revocations of parole, extended supervision, and probation to the governor, the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3), and the director of state courts. The report shall include all of the following data:

AB831,4,5 1. The rate of recidivism among probationers, parolees, and persons on extended supervision by region and demographics, including the level of the recidivism event.

AB831,4,7 2. The number of and reason for revocations of probation, parole, and extended supervision by region and demographics.

AB831,4,8 3. The number and lengths of short-term sanctions imposed under s. 302.115.

AB831,4,10 4. An accounting of the cost savings for the preceding 12-month period that resulted from the use of short-term sanctions in lieu of revocations.

AB831,5 Section 5 . 301.035 (2) of the statutes is amended to read:

AB831,4,14 301.035 (2) Assign hearing examiners from the division to preside over hearings under ss. 302.11 (7), 302.113 (9), 302.114 (9), 302.115, 938.357 (5), 973.10 and 975.10 (2) and ch. 304.

AB831,6 Section 6 . 302.107 (2) of the statutes is amended to read:

AB831,4,20 302.107 (2) Upon revocation of parole or extended supervision under s. 302.11 (7), 302.113 (9), 302.114 (9), or 304.06 (3) or (3g), the department shall make a reasonable effort to send a notice of the revocation to a victim of an offense committed by the inmate, if the victim can be found, in accordance with sub. (3) and after receiving a completed card under sub. (4).

AB831,7 Section 7 . 302.11 (7) (ag) of the statutes is renumbered 302.11 (7) (ag) (intro.) and amended to read:

AB831,4,23 302.11 (7) (ag) (intro.) In this subsection “ reviewing:

AB831,5,3 3. “Reviewing authority" means the division of hearings and appeals in the department of administration, upon proper notice and hearing, or the department of corrections, if the parolee waives a hearing.

AB831,8 Section 8 . 302.11 (7) (ag) 1. of the statutes is created to read:

AB831,5,6 302.11 (7) (ag) 1. “Abscond” means to fail to report or make oneself available for supervision for a period of more than 60 consecutive days.

AB831,9 Section 9 . 302.11 (7) (am) of the statutes is renumbered 302.11 (7) (am) 1. (intro.) and amended to read:

AB831,5,12 302.11 (7) (am) 1. (intro.) The reviewing authority may not return a parolee released under sub. (1) or (1g) (b) or s. 304.02 or 304.06 (1) to prison for a period up to the remainder of the sentence for a violation of the conditions of parole. The remainder unless one of the following applies:

AB831,5,14 (ag) 2. “Remainder of the sentence is” means the entire sentence, less time served in custody prior to parole.

AB831,5,18 (am) 2. If the reviewing authority revokes parole, the revocation order may return the parolee to prison for a period up to the remainder of the sentence. The revocation order shall provide the parolee with credit in accordance with ss. 304.072 and 973.155.

AB831,10 Section 10 . 302.11 (7) (am) 1. a. to e. of the statutes are created to read:

AB831,5,21 302.11 (7) (am) 1. a. The person committed 3 or more independent violations while released on parole.

AB831,5,23 b. The condition that the person violated was a condition that the person not contact any specified individual.

AB831,5,24 c. The person was required to register as a sex offender under s. 301.45.

AB831,6,2 d. When the person violated the condition of parole, the person also allegedly committed a crime.

AB831,6,3 e. The person absconded.

AB831,11 Section 11 . 302.113 (8m) (a) of the statutes is renumbered 302.113 (8m).

AB831,12 Section 12 . 302.113 (8m) (b) of the statutes is repealed.

AB831,13 Section 13. 302.113 (9) (ag) of the statutes is renumbered 302.113 (9) (ag) (intro.) and amended to read:

AB831,6,8 302.113 (9) (ag) (intro.) In this subsection “ reviewing:

AB831,6,11 3. “Reviewing authority" means the division of hearings and appeals in the department of administration, upon proper notice and hearing, or the department of corrections, if the person on extended supervision waives a hearing.

AB831,14 Section 14. 302.113 (9) (ag) 1. and 2. of the statutes are created to read:

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.