Amendment AA7-ASA2-AB68

AB68-ASA2-AA7,18,5 “ Section 389a. 302.05 (title) of the statutes is amended to read:

AB68-ASA2-AA7,18,6 302.05 (title) Wisconsin substance abuse earned release program.

AB68-ASA2-AA7,389ab Section 389ab. 302.05 (1) (am) (intro.) of the statutes is amended to read:

AB68-ASA2-AA7,18,15 302.05 (1) (am) (intro.) The department of corrections and the department of health services may designate a section of a mental health institute as a correctional treatment facility for the treatment of substance abuse use disorder of inmates transferred from Wisconsin state prisons. This section shall be administered by the department of corrections and shall be known as the Wisconsin substance abuse program. The department of corrections and the department of health services shall ensure that the residents at the institution and the residents in the substance abuse use disorder program:

AB68-ASA2-AA7,389ac Section 389ac. 302.05 (1) (b) of the statutes is amended to read:

AB68-ASA2-AA7,18,20 302.05 (1) (b) The department of corrections and the department of health services shall, at any correctional facility the departments determine is appropriate, provide a substance abuse use disorder treatment program for inmates for the purposes of the program described in sub. (3).

AB68-ASA2-AA7,389ad Section 389ad. 302.05 (1) (c) of the statutes is created to read:

AB68-ASA2-AA7,18,24 302.05 (1) (c) 1. In this paragraph, “vocational readiness training program” means an educational, vocational, treatment, or other evidence-based training program to reduce recidivism.

AB68-ASA2-AA7,19,3 2. The department shall, at any correctional facility the department determines is appropriate, provide vocational readiness training programs for the purposes of the program described in sub. (3).

AB68-ASA2-AA7,389ae Section 389ae. 302.05 (2) of the statutes is amended to read:

AB68-ASA2-AA7,19,6 302.05 (2) Transfer to a correctional treatment facility for the treatment of substance abuse use disorder shall be considered a transfer under s. 302.18.

AB68-ASA2-AA7,389af Section 389af. 302.05 (3) (a) 2. of the statutes is amended to read:

AB68-ASA2-AA7,19,13 302.05 (3) (a) 2. If the inmate is serving a bifurcated sentence imposed under s. 973.01, the sentencing court decided under par. (e) or s. 973.01 (3g) The department determines that the inmate is eligible to participate in the earned release program described in this subsection. In making its determination, the department shall consider a decision of the sentencing court under s. 302.05 (3) (e), 2019 stats., or s. 973.01 (3g), 2019 stats.

AB68-ASA2-AA7,389ag Section 389ag. 302.05 (3) (b) of the statutes is amended to read:

AB68-ASA2-AA7,19,23 302.05 (3) (b) Except as provided in par. (d), if the department determines that an eligible inmate serving a sentence other than one imposed under s. 973.01 has successfully completed a substance use disorder treatment program described in sub. (1) (b) or a vocational readiness training program described in sub. (1) (c), the parole commission shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served. If the parole commission grants parole under this paragraph for the completion of a substance use disorder treatment program, it shall require the parolee to participate in an intensive supervision program for drug abusers as a condition of parole.

AB68-ASA2-AA7,389ah Section 389ah. 302.05 (3) (c) 1. of the statutes is amended to read:

AB68-ASA2-AA7,20,6 302.05 (3) (c) 1. Except as provided in par. (d), if the department determines that an eligible inmate serving the term of confinement in prison portion of a bifurcated sentence imposed under s. 973.01 has successfully completed a substance use disorder treatment program described in sub. (1) (b) or a vocational readiness training program described in sub. (1) (c), the department shall inform the court that sentenced the inmate.

AB68-ASA2-AA7,389ai Section 389ai. 302.05 (3) (c) 2. (intro.) of the statutes is amended to read:

AB68-ASA2-AA7,20,12 302.05 (3) (c) 2. (intro.) Upon being informed by the department under subd. 1. that an inmate whom the court sentenced under s. 973.01 has successfully completed a substance use disorder treatment program described in sub. (1) (b) or a vocational readiness training program described in sub. (1) (c), the court shall modify the inmate's bifurcated sentence as follows:

AB68-ASA2-AA7,389aj Section 389aj. 302.05 (3) (d) of the statutes is amended to read:

AB68-ASA2-AA7,20,16 302.05 (3) (d) The department may place intensive sanctions program participants in a treatment program described in sub. (1) (b), but pars. (b) and (c) do not apply to those participants.

AB68-ASA2-AA7,389ak Section 389ak. 302.05 (3) (e) of the statutes is repealed.

AB68-ASA2-AA7,389aL Section 389aL. 302.05 (4) of the statutes is created to read:

AB68-ASA2-AA7,20,19 302.05 (4) (a) In this subsection, “recidivism” means any of the following:

AB68-ASA2-AA7,20,21 1. A return to prison upon revocation of extended supervision, parole, or probation.

AB68-ASA2-AA7,20,23 2. A conviction for a crime that was committed within 3 years of release from confinement.

AB68-ASA2-AA7,21,3 (b) No later than June 15 of each year, the department shall submit a report on participation in vocational readiness training programs qualifying for earned release under sub. (3) 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:

AB68-ASA2-AA7,21,5 1. A list of available vocational readiness training programs and the number of participants in each vocational readiness training program.

AB68-ASA2-AA7,21,8 2. The number of eligible inmates who are on the wait list for participation in a vocational readiness training program, and the department's methodology for selecting participants from the wait list.

AB68-ASA2-AA7,21,13 3. The rate of recidivism among individuals who earned release through completion of a vocational readiness training program, and whether the recidivism event was return to prison upon revocation or was a conviction for a misdemeanor or felony. The department shall report this data by region and shall include demographic information.

AB68-ASA2-AA7,21,17 4. An accounting of the cost savings for the preceding 12-month period that resulted from reduced terms of confinement in prison for participants in the earned release program who were released to extended supervision or parole for completion of a vocational readiness training program.

AB68-ASA2-AA7,389b Section 389b. 302.107 (2) of the statutes is amended to read:

AB68-ASA2-AA7,21,23 302.107 (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).

AB68-ASA2-AA7,389c Section 389c. 302.11 (7) (ag) of the statutes is renumbered 302.11 (7) (ag) (intro.) and amended to read:

AB68-ASA2-AA7,22,1 302.11 (7) (ag) (intro.) In this subsection “ reviewing:

AB68-ASA2-AA7,22,4 2. “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.

AB68-ASA2-AA7,389d Section 389d. 302.11 (7) (am) of the statutes is renumbered 302.11 (7) (am) 1. (intro.) and amended to read:

AB68-ASA2-AA7,22,10 302.11 (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:

AB68-ASA2-AA7,22,13 (ag) 1. “Remainder of the sentence is” means the entire sentence, less time served in custody prior to parole and less any earned compliance credit under s. 973.156.

AB68-ASA2-AA7,22,17 (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.

AB68-ASA2-AA7,389dm Section 389dm. 302.11 (7) (am) 1. a. to e. of the statutes are created to read:

AB68-ASA2-AA7,22,20 302.11 (7) (am) 1. a. The parolee committed 3 or more independent violations while released on parole.

AB68-ASA2-AA7,22,22 b. The condition that the parolee violated was a condition that the parolee not contact any specified individual.

AB68-ASA2-AA7,22,23 c. The parolee was required to register as a sex offender under s. 301.45.

AB68-ASA2-AA7,22,25 d. When the parolee violated the condition of parole, the parolee also allegedly committed a crime.

AB68-ASA2-AA7,23,2 e. The parolee failed to report or make himself or herself available for supervision for a period of more than 60 days.

AB68-ASA2-AA7,389e Section 389e. 302.113 (8m) (a) of the statutes is renumbered 302.113 (8m).

AB68-ASA2-AA7,389f Section 389f. 302.113 (8m) (b) of the statutes is repealed.

AB68-ASA2-AA7,389g Section 389g. 302.113 (9) (ag) of the statutes is renumbered 302.113 (9) (ag) (intro.) and amended to read:

AB68-ASA2-AA7,23,7 302.113 (9) (ag) (intro.) In this subsection “ reviewing:

AB68-ASA2-AA7,23,10 2. “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.

AB68-ASA2-AA7,389h Section 389h. 302.113 (9) (ag) 1. of the statutes is created to read:

AB68-ASA2-AA7,23,12 302.113 (9) (ag) 1. “Crime" has the meaning given in s. 939.12.

AB68-ASA2-AA7,389i Section 389i. 302.113 (9) (am) of the statutes is renumbered 302.113 (9) (am) 1. (intro.) and amended to read:

AB68-ASA2-AA7,23,18 302.113 (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:

AB68-ASA2-AA7,23,22 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

AB68-ASA2-AA7,24,2 (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), less any earned compliance credit under s. 973.156, and less all time served in confinement for previous revocations of extended supervision under the sentence.

AB68-ASA2-AA7,24,5 (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.

AB68-ASA2-AA7,389j Section 389j. 302.113 (9) (am) 1. a. to e. of the statutes are created to read:

AB68-ASA2-AA7,24,8 302.113 (9) (am) 1. a. The person committed 3 or more independent violations during his or her term of extended supervision.

AB68-ASA2-AA7,24,10 b. The condition that the person violated was a condition that the person not contact any specified individual.

AB68-ASA2-AA7,24,11 c. The person was required to register as a sex offender under s. 301.45.

AB68-ASA2-AA7,24,13 d. When the person violated the condition of extended supervision, the person also allegedly committed a crime.

AB68-ASA2-AA7,24,15 e. The person failed to report or make himself or herself available for supervision for a period of more than 60 consecutive days.

AB68-ASA2-AA7,389k Section 389k. 302.113 (9) (b) of the statutes is amended to read:

AB68-ASA2-AA7,24,24 302.113 (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).

AB68-ASA2-AA7,389L Section 389L. 302.113 (9) (c) of the statutes is amended to read:

AB68-ASA2-AA7,25,9 302.113 (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.

AB68-ASA2-AA7,389m Section 389m. 302.114 (9) (ag) of the statutes is amended to read:

AB68-ASA2-AA7,25,12 302.114 (9) (ag) In this subsection “reviewing authority" has the meaning given in s. 302.113 (9) (ag) 3.

AB68-ASA2-AA7,389n Section 389n. 302.115 of the statutes is created to read:

AB68-ASA2-AA7,25,15 302.115 Sanctions for violation of condition of probation, parole, or extended supervision. (1) In this section:

AB68-ASA2-AA7,25,17 (a) “Division” means the division of hearings and appeals in the department of administration.

AB68-ASA2-AA7,25,19 (b) “Reviewing authority” means the division or, if a hearing is waived under sub. (5), the department.

AB68-ASA2-AA7,25,23 (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 to sanction the person for the violation.

AB68-ASA2-AA7,25,25 (3) The division shall hold a hearing no later than 21 days after the department initiates the proceeding to determine the appropriate sanction for the violation.

AB68-ASA2-AA7,26,1 (4) The reviewing authority may impose one of the following sanctions:

AB68-ASA2-AA7,26,3 (a) Except as provided under par. (b), imprisonment for a period not to exceed 30 days.

AB68-ASA2-AA7,26,5 (b) Imprisonment for a period not to exceed 90 days if any of the following applies:

AB68-ASA2-AA7,26,7 1. The person has committed 3 or more independent violations during his or her term of probation, parole, or extended supervision.

AB68-ASA2-AA7,26,9 2. The condition that the person violated was a condition that the person not contact any specified individual.

AB68-ASA2-AA7,26,10 3. The person was required to register as a sex offender under s. 301.45.

AB68-ASA2-AA7,26,12 4. When the person violated the condition of probation, parole, or extended supervision, the person also allegedly committed a crime.

AB68-ASA2-AA7,26,14 5. The person failed to report or make himself or herself available for supervision for a period of more than 60 consecutive days.

AB68-ASA2-AA7,26,18 (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).

AB68-ASA2-AA7,26,21 (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).

AB68-ASA2-AA7,26,23 (7) Notwithstanding s. 302.43, a person is not eligible to earn good time credit on any period of confinement under this section.

AB68-ASA2-AA7,389o Section 389o. 302.33 (1) of the statutes is amended to read:

AB68-ASA2-AA7,27,8 302.33 (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.