AB68-ASA2-AA7,18,6
6302.05 (title)
Wisconsin substance abuse earned release program.
AB68-ASA2-AA7,389ab
7Section 389ab. 302.05 (1) (am) (intro.) of the statutes is amended to read:
AB68-ASA2-AA7,18,158
302.05
(1) (am) (intro.) The department
of corrections and the department of
9health services may designate a section of a mental health institute as a correctional
10treatment facility for the treatment of substance
abuse use disorder of inmates
11transferred from Wisconsin state prisons.
This section shall be administered by the
12department of corrections and shall be known as the Wisconsin substance abuse 13program. The department
of corrections and the department of health services shall
14ensure that the residents at the institution and the residents in the substance
abuse 15use disorder program:
AB68-ASA2-AA7,18,2017
302.05
(1) (b) The department
of corrections and the department of health
18services shall, at any correctional facility the departments determine is appropriate,
19provide a substance
abuse use disorder treatment program for inmates for the
20purposes of the program described in sub. (3).
AB68-ASA2-AA7,18,2422
302.05
(1) (c) 1. In this paragraph, “vocational readiness training program”
23means an educational, vocational, treatment, or other evidence-based training
24program to reduce recidivism.
AB68-ASA2-AA7,19,3
12. The department shall, at any correctional facility the department
2determines is appropriate, provide vocational readiness training programs for the
3purposes of the program described in sub. (3).
AB68-ASA2-AA7,19,65
302.05
(2) Transfer to a correctional treatment facility for the treatment of
6substance
abuse use disorder shall be considered a transfer under s. 302.18.
AB68-ASA2-AA7,19,138
302.05
(3) (a) 2.
If the inmate is serving a bifurcated sentence imposed under
9s. 973.01, the sentencing court decided under par. (e) or s. 973.01 (3g) The department
10determines that the inmate is eligible to participate in the earned release program
11described in this subsection.
In making its determination, the department shall
12consider a decision of the sentencing court under s. 302.05 (3) (e), 2019 stats., or s.
13973.01 (3g), 2019 stats.
AB68-ASA2-AA7,19,2315
302.05
(3) (b) Except as provided in par. (d), if the department determines that
16an eligible inmate serving a sentence other than one imposed under s. 973.01 has
17successfully completed a
substance use disorder treatment program described in
18sub. (1)
(b) or a vocational readiness training program described in sub. (1) (c), the
19parole commission shall parole the inmate for that sentence under s. 304.06,
20regardless of the time the inmate has served. If the parole commission grants parole
21under this paragraph
for the completion of a substance use disorder treatment
22program, it shall require the parolee to participate in an intensive supervision
23program for drug abusers as a condition of parole.
AB68-ASA2-AA7,20,6
1302.05
(3) (c) 1. Except as provided in par. (d), if the department determines
2that an eligible inmate serving the term of confinement in prison portion of a
3bifurcated sentence imposed under s. 973.01 has successfully completed a
substance
4use disorder treatment program described in sub. (1)
(b) or a vocational readiness
5training program described in sub. (1) (c), the department shall inform the court that
6sentenced the inmate.
AB68-ASA2-AA7,389ai
7Section 389ai. 302.05 (3) (c) 2. (intro.) of the statutes is amended to read:
AB68-ASA2-AA7,20,128
302.05
(3) (c) 2. (intro.) Upon being informed by the department under subd.
91. that an inmate whom the court sentenced under s. 973.01 has successfully
10completed a
substance use disorder treatment program described in sub. (1)
(b) or
11a vocational readiness training program described in sub. (1) (c), the court shall
12modify the inmate's bifurcated sentence as follows:
AB68-ASA2-AA7,20,1614
302.05
(3) (d) The department may place intensive sanctions program
15participants in a treatment program described in sub. (1)
(b), but pars. (b) and (c) do
16not apply to those participants.
AB68-ASA2-AA7,20,1919
302.05
(4) (a) In this subsection, “recidivism” means any of the following:
AB68-ASA2-AA7,20,2120
1. A return to prison upon revocation of extended supervision, parole, or
21probation.
AB68-ASA2-AA7,20,2322
2. A conviction for a crime that was committed within 3 years of release from
23confinement.
AB68-ASA2-AA7,21,324
(b) No later than June 15 of each year, the department shall submit a report
25on participation in vocational readiness training programs qualifying for earned
1release under sub. (3) to the governor, the chief clerk of each house of the legislature
2for distribution to the appropriate standing committees under s. 13.172 (3), and the
3director of state courts. The report shall include all of the following data:
AB68-ASA2-AA7,21,54
1. A list of available vocational readiness training programs and the number
5of participants in each vocational readiness training program.
AB68-ASA2-AA7,21,86
2. The number of eligible inmates who are on the wait list for participation in
7a vocational readiness training program, and the department's methodology for
8selecting participants from the wait list.
AB68-ASA2-AA7,21,139
3. The rate of recidivism among individuals who earned release through
10completion of a vocational readiness training program, and whether the recidivism
11event was return to prison upon revocation or was a conviction for a misdemeanor
12or felony. The department shall report this data by region and shall include
13demographic information.
AB68-ASA2-AA7,21,1714
4. An accounting of the cost savings for the preceding 12-month period that
15resulted from reduced terms of confinement in prison for participants in the earned
16release program who were released to extended supervision or parole for completion
17of a vocational readiness training program.
AB68-ASA2-AA7,21,2319
302.107
(2) Upon revocation of parole or extended supervision under s. 302.11
20(7), 302.113 (9), 302.114 (9), or 304.06 (3)
or (3g), the department shall make a
21reasonable effort to send a notice of the revocation to a victim of an offense committed
22by the inmate, if the victim can be found, in accordance with sub. (3) and after
23receiving a completed card under sub. (4).
AB68-ASA2-AA7,389c
24Section 389c. 302.11 (7) (ag) of the statutes is renumbered 302.11 (7) (ag)
25(intro.) and amended to read:
AB68-ASA2-AA7,22,1
1302.11
(7) (ag) (intro.) In this subsection
“
reviewing:
AB68-ASA2-AA7,22,4
22. “Reviewing authority" means the division of hearings and appeals in the
3department of administration, upon proper notice and hearing, or the department
4of corrections, if the parolee waives a hearing.
AB68-ASA2-AA7,389d
5Section 389d. 302.11 (7) (am) of the statutes is renumbered 302.11 (7) (am)
61. (intro.) and amended to read:
AB68-ASA2-AA7,22,107
302.11
(7) (am) 1. (intro.) The reviewing authority may
not return a parolee
8released under sub. (1) or (1g) (b) or s. 304.02 or 304.06 (1) to prison
for a period up
9to the remainder of the sentence for a violation of the conditions of parole
. The
10remainder unless one of the following applies:
AB68-ASA2-AA7,22,13
11(ag) 1. “Remainder of the sentence
is” means the entire sentence, less time
12served in custody prior to parole
and less any earned compliance credit under s.
13973.156.
AB68-ASA2-AA7,22,17
14(am) 2. If the reviewing authority revokes parole, the revocation order may
15return the parolee to prison for a period up to the remainder of the sentence. The
16revocation order shall provide the parolee with credit in accordance with ss. 304.072
17and 973.155.
AB68-ASA2-AA7,389dm
18Section 389dm. 302.11 (7) (am) 1. a. to e. of the statutes are created to read:
AB68-ASA2-AA7,22,2019
302.11
(7) (am) 1. a. The parolee committed 3 or more independent violations
20while released on parole.
AB68-ASA2-AA7,22,2221
b. The condition that the parolee violated was a condition that the parolee not
22contact any specified individual.
AB68-ASA2-AA7,22,2323
c. The parolee was required to register as a sex offender under s. 301.45.
AB68-ASA2-AA7,22,2524
d. When the parolee violated the condition of parole, the parolee also allegedly
25committed a crime.
AB68-ASA2-AA7,23,2
1e. The parolee failed to report or make himself or herself available for
2supervision for a period of more than 60 days.
AB68-ASA2-AA7,389e
3Section 389e. 302.113 (8m) (a) of the statutes is renumbered 302.113 (8m).
AB68-ASA2-AA7,389g
5Section 389g. 302.113 (9) (ag) of the statutes is renumbered 302.113 (9) (ag)
6(intro.) and amended to read:
AB68-ASA2-AA7,23,77
302.113
(9) (ag) (intro.) In this subsection
“
reviewing:
AB68-ASA2-AA7,23,10
82. “Reviewing authority" means the division of hearings and appeals in the
9department of administration, upon proper notice and hearing, or the department
10of corrections, if the person on extended supervision waives a hearing.
AB68-ASA2-AA7,389h
11Section 389h. 302.113 (9) (ag) 1. of the statutes is created to read:
AB68-ASA2-AA7,23,1212
302.113
(9) (ag) 1. “Crime" has the meaning given in s. 939.12.
AB68-ASA2-AA7,389i
13Section 389i. 302.113 (9) (am) of the statutes is renumbered 302.113 (9) (am)
141. (intro.) and amended to read:
AB68-ASA2-AA7,23,1815
302.113
(9) (am) 1. (intro.) If a person released to extended supervision under
16this section violates a condition of extended supervision, the reviewing authority
17may
not revoke the extended supervision of the person
. unless one of the following
18applies:
AB68-ASA2-AA7,23,22
192. If the extended supervision of the person is revoked
under subd. 1., the
20reviewing authority shall order the person to be returned to prison for any specified
21period
of time that does not exceed the time remaining on the bifurcated sentence.
22The time
AB68-ASA2-AA7,24,2
23(ag) 4. “Time remaining on the bifurcated sentence
" is the total length of the
24bifurcated sentence, less time served by the person in confinement under the
25sentence before release to extended supervision under sub. (2)
, less any earned
1compliance credit under s. 973.156, and less all time served in confinement for
2previous revocations of extended supervision under the sentence.
AB68-ASA2-AA7,24,5
3(am) 3. The order returning a person to prison under
this paragraph subd. 2. 4shall provide the person whose extended supervision was revoked with credit in
5accordance with ss. 304.072 and 973.155.
AB68-ASA2-AA7,389j
6Section 389j. 302.113 (9) (am) 1. a. to e. of the statutes are created to read:
AB68-ASA2-AA7,24,87
302.113
(9) (am) 1. a. The person committed 3 or more independent violations
8during his or her term of extended supervision.
AB68-ASA2-AA7,24,109
b. The condition that the person violated was a condition that the person not
10contact any specified individual.
AB68-ASA2-AA7,24,1111
c. The person was required to register as a sex offender under s. 301.45.
AB68-ASA2-AA7,24,1312
d. When the person violated the condition of extended supervision, the person
13also allegedly committed a crime.
AB68-ASA2-AA7,24,1514
e. The person failed to report or make himself or herself available for
15supervision for a period of more than 60 consecutive days.
AB68-ASA2-AA7,24,2417
302.113
(9) (b) A person who is returned to prison after revocation of extended
18supervision shall be incarcerated for the entire period
of time specified by the order
19under par. (am)
2. The period
of time specified under par. (am)
2. may be extended
20in accordance with sub. (3). If a person is returned to prison under par. (am)
2. for
21a period
of time that is less than the time remaining on the bifurcated sentence, the
22person shall be released to extended supervision after he or she has served the period
23of time specified by the order under par. (am)
2. and any periods of extension imposed
24in accordance with sub. (3).
AB68-ASA2-AA7,25,9
1302.113
(9) (c) A person who is subsequently released to extended supervision
2after service of the period
of time specified by the order under par. (am)
2. is subject
3to all conditions and rules under sub. (7) and, if applicable, sub. (7m) until the
4expiration of the
time remaining
extended supervision portion of on the bifurcated
5sentence.
The remaining extended supervision portion of the bifurcated sentence is
6the total length of the bifurcated sentence, less the time served by the person in
7confinement under the bifurcated sentence before release to extended supervision
8under sub. (2) and less all time served in confinement for previous revocations of
9extended supervision under the bifurcated sentence.
AB68-ASA2-AA7,25,1211
302.114
(9) (ag) In this subsection “reviewing authority" has the meaning given
12in s. 302.113 (9) (ag)
3.
AB68-ASA2-AA7,25,15
14302.115 Sanctions for violation of condition of probation, parole, or
15extended supervision. (1) In this section:
AB68-ASA2-AA7,25,1716
(a) “Division” means the division of hearings and appeals in the department of
17administration.
AB68-ASA2-AA7,25,1918
(b) “Reviewing authority” means the division or, if a hearing is waived under
19sub. (5), the department.
AB68-ASA2-AA7,25,23
20(2) Notwithstanding ss. 302.11 (7), 302.113 (9), and 973.10 (2), if a person on
21probation or parole or a person on extended supervision under s. 302.113 violates a
22condition or rule of that probation, parole, or extended supervision, the department
23may initiate a proceeding before the division to sanction the person for the violation.
AB68-ASA2-AA7,25,25
24(3) The division shall hold a hearing no later than 21 days after the department
25initiates the proceeding to determine the appropriate sanction for the violation.
AB68-ASA2-AA7,26,1
1(4) The reviewing authority may impose one of the following sanctions:
AB68-ASA2-AA7,26,32
(a) Except as provided under par. (b), imprisonment for a period not to exceed
330 days.
AB68-ASA2-AA7,26,54
(b) Imprisonment for a period not to exceed 90 days if any of the following
5applies:
AB68-ASA2-AA7,26,76
1. The person has committed 3 or more independent violations during his or
7her term of probation, parole, or extended supervision.
AB68-ASA2-AA7,26,98
2. The condition that the person violated was a condition that the person not
9contact any specified individual.
AB68-ASA2-AA7,26,1010
3. The person was required to register as a sex offender under s. 301.45.
AB68-ASA2-AA7,26,1211
4. When the person violated the condition of probation, parole, or extended
12supervision, the person also allegedly committed a crime.
AB68-ASA2-AA7,26,1413
5. The person failed to report or make himself or herself available for
14supervision for a period of more than 60 consecutive days.
AB68-ASA2-AA7,26,18
15(5) A person who is the subject of a proceeding under this section may waive
16the hearing under sub. (3) by signing a statement admitting the violation. If the
17person waives the hearing under this subsection, the reviewing authority may
18impose a sanction under sub. (4).
AB68-ASA2-AA7,26,21
19(6) If a person is confined in a county jail under this section, the department
20shall reimburse the county for its actual costs in confining the person from the
21appropriations under s. 20.410 (1) (ab) and (b).
AB68-ASA2-AA7,26,23
22(7) Notwithstanding s. 302.43, a person is not eligible to earn good time credit
23on any period of confinement under this section.
