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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.
AB68-ASA2-AA7,389o 24Section 389o. 302.33 (1) of the statutes is amended to read:
AB68-ASA2-AA7,27,8
1302.33 (1) The maintenance of persons who have been sentenced to the state
2penal institutions; persons in the custody of the department, except as provided in
3sub. (2) and ss. 301.048 (7), 302.113 (8m), and 302.114 (8m), and 302.115; persons
4accused of crime and committed for trial; persons committed for the nonpayment of
5fines and expenses; and persons sentenced to imprisonment therein, while in the
6county jail, shall be paid out of the county treasury. No claim may be allowed to any
7sheriff for keeping or boarding any person in the county jail unless the person was
8lawfully detained therein.
AB68-ASA2-AA7,389oz 9Section 389oz. 303.08 (1) (intro.) of the statutes is amended to read:
AB68-ASA2-AA7,27,1510 303.08 (1) (intro.) Any person sentenced to a county jail for crime, nonpayment
11of a fine or forfeiture, or contempt of court or subject to a confinement sanction under
12s. 302.113 (8m) or 302.114 (8m) or 302.115 or a probationer detained in a county jail,
13tribal jail, or other county facility for a probation violation who meets the criteria
14under s. 302.335 (2j) may be granted the privilege of leaving the jail during necessary
15and reasonable hours for any of the following purposes:
AB68-ASA2-AA7,389p 16Section 389p. 303.08 (2) of the statutes is amended to read:
AB68-ASA2-AA7,27,2417 303.08 (2) Unless such privilege is expressly granted by the court or, in the case
18of a person subject to a confinement sanction under s. 302.113 (8m) or 302.114 (8m)
19or 302.115, the department, the person is sentenced to ordinary confinement. A
20prisoner, other than a person subject to a confinement sanction under s. 302.113 (8m)
21or
302.114 (8m) or 302.115, may petition the court for such privilege at the time of
22sentence or thereafter, and in the discretion of the court may renew the prisoner's
23petition. The court may withdraw the privilege at any time by order entered with
24or without notice.
AB68-ASA2-AA7,389q 25Section 389q. 303.08 (5) (intro.) of the statutes is amended to read:
AB68-ASA2-AA7,28,5
1303.08 (5) (intro.) By order of the court or, for a person subject to a confinement
2sanction under s. 302.113 (8m) or 302.114 (8m) or 302.115, by order of the
3department, the wages, salary and unemployment insurance and employment
4training benefits received by prisoners shall be disbursed by the sheriff for the
5following purposes, in the order stated:
AB68-ASA2-AA7,389r 6Section 389r. 303.08 (6) of the statutes is amended to read:
AB68-ASA2-AA7,28,127 303.08 (6) The department, for a person subject to a confinement sanction
8under s. 302.113 (8m) or 302.114 (8m) or 302.115, or the sentencing court, by order,
9may authorize the sheriff to whom the prisoner is committed to arrange with another
10sheriff for the employment or employment training of the prisoner in the other's
11county, and while so employed or trained to be in the other's custody but in other
12respects to be and continue subject to the commitment.
AB68-ASA2-AA7,389s 13Section 389s. 303.08 (12) of the statutes is amended to read:
AB68-ASA2-AA7,28,1814 303.08 (12) In counties having a house of correction, any person violating the
15privilege granted under sub. (1) may be transferred by the county jailer to the house
16of correction for the remainder of the term of the person's sentence or, if applicable,
17the remainder of the person's confinement sanction under s. 302.113 (8m) or 302.114
18(8m) or 302.115.
AB68-ASA2-AA7,389t 19Section 389t. 304.06 (3) of the statutes is renumbered 304.06 (3) (a) and
20amended to read:
AB68-ASA2-AA7,28,2221 304.06 (3) (a) Every paroled prisoner remains in the legal custody of the
22department unless otherwise provided by the department.
AB68-ASA2-AA7,29,2 23(b) If the department alleges that any condition or rule of parole has been
24violated by the prisoner, the department may take physical custody of the prisoner
25for the investigation of the alleged violation. If the department is satisfied that any

1condition or rule of parole has been violated it shall afford the prisoner such
2administrative hearings as are required by law.
AB68-ASA2-AA7,29,6 3(c) Unless waived by the parolee, the final administrative hearing shall be held
4before a hearing examiner from the division of hearings and appeals in the
5department of administration who is licensed to practice law in this state. The
6hearing examiner shall enter an order revoking or not revoking parole under par. (g).
AB68-ASA2-AA7,29,8 7(d) Upon request by either party, the administrator of the division of hearings
8and appeals in the department of administration shall review the order.
AB68-ASA2-AA7,29,11 9(e) The hearing examiner may order that a deposition be taken by audiovisual
10means and allow the use of a recorded deposition under s. 967.04 (7) to (10) in a
11hearing under this subsection
.
AB68-ASA2-AA7,29,13 12(f) If the parolee waives the final administrative hearing, the secretary of
13corrections
shall enter an order revoking or not revoking parole.
AB68-ASA2-AA7,29,20 14(g) If the hearing examiner, the administrator upon review, or the secretary in
15the case of a waiver finds that the prisoner has violated the rules or conditions of
16parole, the examiner, the administrator upon review, or the secretary in the case of
17a waiver, may order the prisoner returned to prison to continue serving his or her
18sentence, or to continue on parole. The hearing examiner, administrator, or
19secretary may not revoke parole under this subsection unless one of the following
20applies:
AB68-ASA2-AA7,29,23 21(h) If the prisoner claims or appears to be indigent, the department shall refer
22the prisoner to the authority for indigency determinations specified under s. 977.07
23(1).
AB68-ASA2-AA7,389u 24Section 389u. 304.06 (3) (g) 1. to 5. of the statutes are created to read:
AB68-ASA2-AA7,30,2
1304.06 (3) (g) 1. The person has committed 3 or more independent violations
2while released on parole.
AB68-ASA2-AA7,30,43 2. The condition that the person violated was a condition that the person not
4contact any specified individual.
AB68-ASA2-AA7,30,55 3. The person was required to register as a sex offender under s. 301.45.
AB68-ASA2-AA7,30,76 4. When the person violated the condition of parole, the person also allegedly
7committed a crime.
AB68-ASA2-AA7,30,98 5. The person failed to report or make himself or herself available for
9supervision for a period of more than 60 consecutive days.
AB68-ASA2-AA7,389v 10Section 389v. 304.06 (3g) of the statutes is repealed.
AB68-ASA2-AA7,389w 11Section 389w. 304.072 (4) of the statutes is amended to read:
AB68-ASA2-AA7,30,1612 304.072 (4) The sentence of a revoked parolee or person on extended
13supervision resumes running on the day he or she is received at a correctional
14institution subject to sentence credit for the period of custody in a jail, correctional
15institution or any other detention facility pending revocation according to the terms
16of s. 973.155 and subject to earned compliance credit under s. 973.156.”.
AB68-ASA2-AA7,30,17 1729. Page 346, line 17: after that line insert:
AB68-ASA2-AA7,30,18 18 Section 389do. 302.113 (title) of the statutes is amended to read:
AB68-ASA2-AA7,30,20 19302.113 (title) Release to extended supervision for felony offenders not
20serving life sentences
and youthful offenders.
AB68-ASA2-AA7,389dp 21Section 389dp. 302.113 (1) of the statutes is amended to read:
AB68-ASA2-AA7,31,222 302.113 (1) An inmate is subject to this section if he or she is serving a
23bifurcated sentence imposed under s. 973.01 or, if the inmate is a youthful offender,
24as defined in s. 973.014 (3) (a), a life sentence imposed under s. 973.014 (3) (b) or (c)

1or, if the youthful offender is sentenced before the effective date of this subsection ....
2[LRB inserts date], s. 973.014 (1g)
.
AB68-ASA2-AA7,389dq 3Section 389dq. 302.113 (2) of the statutes is amended to read:
AB68-ASA2-AA7,31,84 302.113 (2) Except as provided in subs. (3) and (9), an inmate subject to this
5section is entitled to release to extended supervision after he or she has served the
6term of confinement in prison portion of the sentence imposed under s. 973.01, as
7modified by the sentencing court under sub. (9g) or s. 302.045 (3m) (b) 1., 302.05 (3)
8(c) 2. a., 973.018, 973.195 (1r), or 973.198, if applicable.
AB68-ASA2-AA7,389Lm 9Section 389Lm. 302.114 (1) of the statutes is amended to read:
AB68-ASA2-AA7,31,1510 302.114 (1) An inmate is subject to this section if he or she is serving a life
11sentence imposed under s. 973.014 (1g) (a) 1. or 2. An inmate serving a life sentence
12under s. 939.62 (2m) or 973.014 (1g) (a) 3. is not eligible for release to extended
13supervision under this section. This section does not apply to a youthful offender, as
14defined in s. 973.014 (3) (a), who was sentenced under s. 973.014 (1g) before the
15effective date of this subsection .... [LRB inserts date].
AB68-ASA2-AA7,389om 16Section 389om. 303.065 (1) (b) 1. of the statutes is amended to read:
AB68-ASA2-AA7,31,2217 303.065 (1) (b) 1. A person serving a life sentence, other than a life sentence
18specified in subd. 2., may be considered for work release only after he or she has
19reached parole eligibility under s. 304.06 (1) (b) or 973.014 (1) (a) or (b) or (3) (b),
20whichever is applicable, or he or she has reached his or her extended supervision
21eligibility date under s. 302.114 (9) (am) or 973.014 (1g) (a) 1. or 2. or (3) (c), whichever
22is applicable.
AB68-ASA2-AA7,389sc 23Section 389sc. 304.02 (5) of the statutes is amended to read:
AB68-ASA2-AA7,32,3
1304.02 (5) Notwithstanding subs. (1) to (3), a prisoner who is serving a life
2sentence under s. 939.62 (2m) (c) or 973.014 (1) (c) or , (1g), or (3) (c) is not eligible for
3release to parole supervision under this section.
AB68-ASA2-AA7,389sh 4Section 389sh. 304.06 (1) (b) of the statutes is amended to read:
AB68-ASA2-AA7,32,205 304.06 (1) (b) Except as provided in s. 961.49 (2), 1999 stats., sub. (1m) or s.
6302.045 (3), 302.05 (3) (b), 973.01 (6), or 973.0135 , or 973.018, the parole commission
7may parole an inmate of the Wisconsin state prisons or any felon or any person
8serving at least one year or more in a county house of correction or a county
9reforestation camp organized under s. 303.07, when he or she has served 25 percent
10of the sentence imposed for the offense, or 6 months, whichever is greater. Except
11as provided in s. 939.62 (2m) (c) or 973.014 (1) (b) or (c), (1g) or, (2), or (3) (b) or (c),
12the parole commission may parole an inmate serving a life term when he or she has
13served 20 years, as modified by the formula under s. 302.11 (1) and subject to
14extension under s. 302.11 (1q) and (2), or reduction under s. 973.018, if applicable.
15The person serving the life term shall be given credit for time served prior to
16sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary
17may grant special action parole releases under s. 304.02. The department or the
18parole commission shall not provide any convicted offender or other person
19sentenced to the department's custody any parole eligibility or evaluation until the
20person has been confined at least 60 days following sentencing.
AB68-ASA2-AA7,389vm 21Section 389vm. 304.071 (2) of the statutes is amended to read:
AB68-ASA2-AA7,32,2422 304.071 (2) If a prisoner is not eligible for parole under s. 961.49 (2), 1999 stats.,
23or s. 939.62 (2m) (c), 973.01 (6), 973.014 (1) (c) or , (1g), or (3) (c), or 973.032 (5), he or
24she is not eligible for parole under this section.”.
AB68-ASA2-AA7,33,1
130. Page 346, line 17: after that line insert:
AB68-ASA2-AA7,33,2 2 Section 389nm. 302.31 (7) of the statutes is amended to read:
AB68-ASA2-AA7,33,83 302.31 (7) The temporary placement of persons in the custody of the
4department, other than persons under 17 years of age minors, and persons who have
5attained the age of 17 years but have not attained
adults under the age of 25 years
6who are under the supervision of the department under s. 938.355 (4) and who have
7been taken into custody pending revocation of community supervision or aftercare
8supervision under s. 938.357 (5) (e).”.
AB68-ASA2-AA7,33,9 931. Page 346, line 17: after that line insert:
AB68-ASA2-AA7,33,10 10 Section 389og. 302.43 of the statutes is amended to read:
AB68-ASA2-AA7,34,2 11302.43 Good time. Every inmate of a county jail is eligible to earn good time
12in the amount of one-fourth of his or her term for good behavior if sentenced to at
13least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit
14for time served prior to sentencing under s. 973.155, including good time under s.
15973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects
16or refuses to perform any duty lawfully required of him or her, may be deprived by
17the sheriff of good time under this section, except that the sheriff shall not deprive
18the inmate of more than 2 days good time for any one offense without the approval
19of the court. An inmate who files an action or special proceeding, including a petition
20for a common law writ of certiorari, to which s. 807.15 applies shall be deprived of
21the number of days of good time specified in the court order prepared under s. 807.15
22(3). This section does not apply to a person who is confined in the county jail in
23connection with his or her participation in a substance abuse treatment program

1that meets the requirements of s. 165.95 (3), as determined by the department of
2justice under s. 165.95 (9) and (10).”.
AB68-ASA2-AA7,34,3 332. Page 355, line 11: after that line insert:
AB68-ASA2-AA7,34,4 4 Section 416a. 808.075 (4) (g) 3. of the statutes is amended to read:
AB68-ASA2-AA7,34,65 808.075 (4) (g) 3. Imposition of sentence upon revocation of probation under s.
6973.10 (2) (a) (bm) 2. a.
AB68-ASA2-AA7,416am 7Section 416am. 911.01 (4) (c) of the statutes is amended to read:
AB68-ASA2-AA7,34,168 911.01 (4) (c) Miscellaneous proceedings. Proceedings for extradition or
9rendition; sentencing, granting or revoking probation, modification of a bifurcated
10sentence under s. 302.113 (9g), or adjustment of a bifurcated sentence under s.
11973.01 (5m), 973.195 (1r) or 973.198; issuance of subpoenas or warrants under s.
12968.375, arrest warrants, criminal summonses, and search warrants; hearings
13under s. 980.09 (2); proceedings under s. 971.14 (1r) (c); proceedings with respect to
14pretrial release under ch. 969 except where habeas corpus is utilized with respect to
15release on bail or as otherwise provided in ch. 969; or proceedings under s. 165.76 (6)
16to compel provision of a biological specimen for deoxyribonucleic acid analysis.
AB68-ASA2-AA7,416zbg 17Section 416zbg. 939.50 (3) (d) of the statutes is amended to read:
AB68-ASA2-AA7,34,1918 939.50 (3) (d) For a Class D felony, a fine not to exceed $100,000 or
19imprisonment not to exceed 25 20 years, or both.
AB68-ASA2-AA7,416zk 20Section 416zk. 950.04 (1v) (gm) of the statutes is amended to read:
AB68-ASA2-AA7,34,2321 950.04 (1v) (gm) To have reasonable attempts made to notify the victim of
22petitions for sentence adjustment as provided under s. 973.01 (5m) (d), 973.018 (3)
23(e),
973.09 (3m), 973.195 (1r) (d), or 973.198.
AB68-ASA2-AA7,416zm 24Section 416zm. 950.04 (1v) (vg) of the statutes is amended to read:
AB68-ASA2-AA7,35,4
1950.04 (1v) (vg) To have the department of corrections make a reasonable
2attempt to notify the victim, pursuant to s. 302.107, of a revocation of parole or of
3release to extended supervision under s. 302.11 (7), 302.113 (9), 302.114 (9), or 304.06
4(3) or (3g).”.
AB68-ASA2-AA7,35,5 533. Page 355, line 11: after that line insert:
AB68-ASA2-AA7,35,6 6 Section 416zbm. 939.616 (1g) of the statutes is amended to read:
AB68-ASA2-AA7,35,117 939.616 (1g) If a person is convicted of a violation of s. 948.02 (1) (am) or
8948.025 (1) (a), notwithstanding s. 973.014 (1g) (a) 1. and 2. and except as provided
9under s. 973.018
, the court may not make an extended supervision eligibility date
10determination on a date that will occur before the person has served a 25-year term
11of confinement in prison.
AB68-ASA2-AA7,416zbs 12Section 416zbs. 939.62 (2m) (b) (intro.) of the statutes is amended to read:
AB68-ASA2-AA7,35,1513 939.62 (2m) (b) (intro.) The actor is a persistent repeater if the offense for which
14he or she is presently being sentenced was committed after he or she attained the age
15of 18 and
one of the following applies:
AB68-ASA2-AA7,416zL 16Section 416zL. 950.04 (1v) (m) of the statutes is amended to read:
AB68-ASA2-AA7,35,1917 950.04 (1v) (m) To provide statements concerning sentencing, disposition, or
18parole, as provided under ss. 304.06 (1) (e), 938.32 (1) (b) 1g., 938.335 (3m) (ag), and
19972.14 (3) (a), and 973.018 (4) (d).”.
AB68-ASA2-AA7,35,20 2034. Page 355, line 11: after that line insert:
AB68-ASA2-AA7,35,21 21 Section 416b. 938.02 (1) of the statutes is amended to read:
AB68-ASA2-AA7,36,222 938.02 (1) “Adult" means a person who is 18 years of age or older, except that
23for purposes of investigating or prosecuting a person who is alleged to have violated

1any state or federal criminal law or any civil law or municipal ordinance, “adult"

2means a person who has attained 17 years of age.
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