AB832: Bill Text

AB832,15 Section 15. 950.04 (1v) (gm) of the statutes is amended to read:

AB832,8,6 950.04 (1v) (gm) To have reasonable attempts made to notify the victim of petitions for sentence adjustment as provided under s. 973.01 (5m) (d), 973.09 (3m), 973.195 (1r) (d), or 973.198.

AB832,16 Section 16. 973.01 (2) (d) 3. of the statutes is repealed.

AB832,17 Section 17. 973.01 (2) (d) 4. of the statutes is amended to read:

AB832,8,10 973.01 (2) (d) 4. For a Class D, E, F, or G felony, the term of extended supervision may not exceed 5 years.

AB832,18 Section 18. 973.01 (5m) of the statutes is created to read:

AB832,8,15 973.01 (5m) Early discharge from extended supervision. (a) In this subsection, “qualifying offense” means a crime other than a violation of ch. 940 or s. 948.02, 948.025, 948.03, 948.05, 948.051, 948.055, 948.06, 948.07, 948.075, 948.08, 948.085, or 948.095.

AB832,8,18 (b) The court may modify a person's term of extended supervision and discharge the person from extended supervision for a qualifying offense if all of the following apply:

AB832,8,20 1. The department petitions the court to discharge the person from extended supervision for a qualifying offense.

AB832,8,22 2. The person has completed 3 years or 50 percent of his or her term of extended supervision for the qualifying offense, whichever is less.

AB832,8,24 3. The person has satisfied all conditions of extended supervision that were set by the sentencing court for the qualifying offense.

AB832,9,2 4. The person has satisfied all rules and conditions of supervision that were set by the department for the qualifying offense.

AB832,9,5 5. The person has fulfilled all financial obligations to his or her victims, the court, and the department, including the payment of any fine, forfeiture, fee, or surcharge or order of restitution, for the qualifying offense.

AB832,9,6 6. The person is not required to register under s. 301.45.

AB832,9,8 (c) If a person is serving more than one sentence, early discharge under par. (b) applies only to the terms of extended supervision imposed for qualifying offenses.

AB832,9,9 (d) 1. In this paragraph, “victim" has the meaning given in s. 950.02 (4).

AB832,9,18 2. When a court receives a petition under par. (a), the clerk of the circuit court shall send a notice of hearing to the victim of the crime committed by the person serving the term of extended supervision, if the victim has submitted a card under subd. 3. requesting notification. The notice shall inform the victim that he or she may appear at any hearing scheduled under par. (a) and shall inform the victim of the manner in which he or she may provide a statement concerning the early discharge from extended supervision. The clerk of the circuit court shall make a reasonable attempt to send the notice of hearing to the last-known address of the victim, postmarked at least 10 days before the date of the hearing.

AB832,9,25 3. The director of state courts shall design and prepare cards for a victim to send to the clerk of the circuit court for the county in which the person serving the term of extended supervision was convicted and sentenced. The cards shall have space for a victim to provide his or her name and address, the name of the applicable person serving a term of extended supervision, and any other information that the director of state courts determines is necessary. The director of state courts shall provide the cards, without charge, to clerks of circuit court. Clerks of circuit court shall provide the cards, without charge, to victims. Victims may send completed cards to the clerk of the circuit court for the county in which the person serving a term of extended supervision was convicted and sentenced. All court records or portions of records that relate to mailing addresses of victims are not subject to inspection or copying under s. 19.35 (1).

AB832,19 Section 19. 973.01 (8) (a) 6. of the statutes is created to read:

AB832,10,8 973.01 (8) (a) 6. The conditions under which the court may reduce the term of the person's extended supervision under sub. (5m).

AB832,20 Section 20. 973.15 (5) of the statutes is amended to read:

AB832,10,13 973.15 (5) A convicted offender who is made available to another jurisdiction under ch. 976 or in any other lawful manner shall be credited with service of his or her Wisconsin sentence or commitment under the terms of s. ss. 973.155 and 973.156 for the duration of custody in the other jurisdiction.

AB832,21 Section 21. 973.156 of the statutes is created to read:

AB832,10,17 973.156 Earned compliance credit. (1) In this section, “qualifying offense” means a crime other than a violation of ch. 940 or s. 948.02, 948.025, 948.03, 948.05, 948.051, 948.055, 948.06, 948.07, 948.075, 948.08, 948.085, or 948.095.

AB832,10,22 (2) Upon the revocation of extended supervision or parole under s. 302.11 (7) or 302.113 (9), a person shall be given earned compliance credit toward the service of his or her sentence for a qualifying offense for each day that the person spent on extended supervision or parole without violating a condition or rule of extended supervision or parole prior to the violation that resulted in the revocation.

AB832,10,24 (3) Subsection (2) does not apply to a person who is required to register under s. 301.45.

AB832,11,3 (4) If a person is serving more than one sentence, earned compliance credit under sub. (2) is earned only for the time spent on extended supervision or parole for qualifying offenses.

AB832,11,5 (5) The amount of the credit under sub. (2) shall be calculated and applied by the appropriate reviewing authority under s. 302.11 (7) (am) or 302.113 (9) (am) 1.

AB832,22 Section 22 . Nonstatutory provisions.

AB832,11,14 (1) Conditions of supervision. No later than July 1, 2021, the department of corrections shall review the efficacy of its standard conditions and rules of supervision, and shall provide a report to the governor, the chief clerk of each house of the legislature for distribution to the appropriate standing committees in the manner provided under s. 13.172 (3), and the director of state courts. The report shall include the number of violations reported for each condition and rule and a comparison of the department of correction's standard conditions and rules of supervision to conditions and rules of supervision in other states.

AB832,11,25 (2) Earned compliance credit. A person who is serving a sentence for a violation other than a crime specified in ch. 940 or s. 948.02, 948.025, 948.03, 948.05, 948.051, 948.055, 948.06, 948.07, 948.075, 948.08, 948.085, or 948.095 and who is in custody upon revocation of extended supervision or parole on the effective date of this subsection may petition the department to be given credit under s. 973.156. Upon proper verification of the facts alleged in the petition, s. 973.156 shall be applied retroactively to the person. If the department is unable to determine whether credit should be given, or otherwise refuses to award retroactive credit, the person may petition the sentencing court for relief. This subsection applies regardless of the date the person was sentenced. A person who is required to register under s. 301.45 is not eligible to receive credit under this subsection.

AB832,12,10 (3) Reports. (a) The department of corrections shall conduct a review of the department's evidence-based risk assessment tool and shall submit a report to the governor, the chief clerk of each house of the legislature for distribution to the appropriate standing committees in the manner provided under s. 13.172 (3), and the director of state courts no later than the first day of the 12th month beginning after the effective date of this subsection. The department shall include in the report a review of the available alternatives and the costs and savings that would result from the use of alternatives. The department shall include in its review the efficacy of an evidence-based risk assessment tool that uses ongoing or recurring evaluations of an individual's ability to meet the conditions of supervision.

AB832,12,17 (b) The department of corrections shall conduct a review of the department's training of community supervision officers and shall submit a report to the governor, the chief clerk of each house of the legislature for distribution to the appropriate standing committees in the manner provided under s. 13.172 (3), and the director of state courts no later than the first day of the 12th month beginning after the effective date of this subsection. The department shall include in its report an evaluation of best practices and outcomes of training models used in other states.

AB832,23 Section 23. Effective date.

AB832,12,20 (1) This act takes effect on the first day of the 7th month beginning after publication.

AB832,12,21 (End)