Amendment AA7-ASA2-AB68

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AB68-ASA2-AA7,389f Section 389f. 302.113 (8m) (b) of the statutes is repealed.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

AB68-ASA2-AA7,389oz Section 389oz. 303.08 (1) (intro.) of the statutes is amended to read:

AB68-ASA2-AA7,27,15 303.08 (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:

AB68-ASA2-AA7,389p Section 389p. 303.08 (2) of the statutes is amended to read:

AB68-ASA2-AA7,27,24 303.08 (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.

AB68-ASA2-AA7,389q Section 389q. 303.08 (5) (intro.) of the statutes is amended to read:

AB68-ASA2-AA7,28,5 303.08 (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:

AB68-ASA2-AA7,389r Section 389r. 303.08 (6) of the statutes is amended to read:

AB68-ASA2-AA7,28,12 303.08 (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.

AB68-ASA2-AA7,389s Section 389s. 303.08 (12) of the statutes is amended to read:

AB68-ASA2-AA7,28,18 303.08 (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.

AB68-ASA2-AA7,389t Section 389t. 304.06 (3) of the statutes is renumbered 304.06 (3) (a) and amended to read:

AB68-ASA2-AA7,28,22 304.06 (3) (a) Every paroled prisoner remains in the legal custody of the department unless otherwise provided by the department.

AB68-ASA2-AA7,29,2 (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.

AB68-ASA2-AA7,29,6 (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).

AB68-ASA2-AA7,29,8 (d) Upon request by either party, the administrator of the division of hearings and appeals in the department of administration shall review the order.

AB68-ASA2-AA7,29,11 (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.

AB68-ASA2-AA7,29,13 (f) If the parolee waives the final administrative hearing, the secretary of corrections shall enter an order revoking or not revoking parole.

AB68-ASA2-AA7,29,20 (g) If the hearing 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:

AB68-ASA2-AA7,29,23 (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).

AB68-ASA2-AA7,389u Section 389u. 304.06 (3) (g) 1. to 5. of the statutes are created to read:

AB68-ASA2-AA7,30,2 304.06 (3) (g) 1. The person has committed 3 or more independent violations while released on parole.

AB68-ASA2-AA7,30,4 2. The condition that the person violated was a condition that the person not contact any specified individual.

AB68-ASA2-AA7,30,5 3. The person was required to register as a sex offender under s. 301.45.

AB68-ASA2-AA7,30,7 4. When the person violated the condition of parole, the person also allegedly committed a crime.

AB68-ASA2-AA7,30,9 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-AA7,389v Section 389v. 304.06 (3g) of the statutes is repealed.

AB68-ASA2-AA7,389w Section 389w. 304.072 (4) of the statutes is amended to read:

AB68-ASA2-AA7,30,16 304.072 (4) The sentence of a revoked parolee or person on extended supervision resumes running on the day he or she is received at a correctional institution subject to sentence credit for the period of custody in a jail, correctional institution or any other detention facility pending revocation according to the terms of s. 973.155 and subject to earned compliance credit under s. 973.156.”.

AB68-ASA2-AA7,30,17 29. Page 346, line 17: after that line insert:

AB68-ASA2-AA7,30,18 “ Section 389do. 302.113 (title) of the statutes is amended to read:

AB68-ASA2-AA7,30,20 302.113 (title) Release to extended supervision for felony offenders not serving life sentences and youthful offenders.

AB68-ASA2-AA7,389dp Section 389dp. 302.113 (1) of the statutes is amended to read:

AB68-ASA2-AA7,31,2 302.113 (1) An inmate is subject to this section if he or she is serving a bifurcated sentence imposed under s. 973.01 or, if the inmate is a youthful offender, as defined in s. 973.014 (3) (a), a life sentence imposed under s. 973.014 (3) (b) or (c) or, if the youthful offender is sentenced before the effective date of this subsection .... [LRB inserts date], s. 973.014 (1g).