Amendment AA7-ASA2-AB68

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).

AB68-ASA2-AA7,389dq Section 389dq. 302.113 (2) of the statutes is amended to read:

AB68-ASA2-AA7,31,8 302.113 (2) Except as provided in subs. (3) and (9), an inmate subject to this section is entitled to release to extended supervision after he or she has served the term of confinement in prison portion of the sentence imposed under s. 973.01, as modified by the sentencing court under sub. (9g) or s. 302.045 (3m) (b) 1., 302.05 (3) (c) 2. a., 973.018, 973.195 (1r), or 973.198, if applicable.

AB68-ASA2-AA7,389Lm Section 389Lm. 302.114 (1) of the statutes is amended to read:

AB68-ASA2-AA7,31,15 302.114 (1) An inmate is subject to this section if he or she is serving a life sentence imposed under s. 973.014 (1g) (a) 1. or 2. An inmate serving a life sentence under s. 939.62 (2m) or 973.014 (1g) (a) 3. is not eligible for release to extended supervision under this section. This section does not apply to a youthful offender, as defined in s. 973.014 (3) (a), who was sentenced under s. 973.014 (1g) before the effective date of this subsection .... [LRB inserts date].

AB68-ASA2-AA7,389om Section 389om. 303.065 (1) (b) 1. of the statutes is amended to read:

AB68-ASA2-AA7,31,22 303.065 (1) (b) 1. A person serving a life sentence, other than a life sentence specified in subd. 2., may be considered for work release only after he or she has reached parole eligibility under s. 304.06 (1) (b) or 973.014 (1) (a) or (b) or (3) (b), whichever is applicable, or he or she has reached his or her extended supervision eligibility date under s. 302.114 (9) (am) or 973.014 (1g) (a) 1. or 2. or (3) (c), whichever is applicable.

AB68-ASA2-AA7,389sc Section 389sc. 304.02 (5) of the statutes is amended to read:

AB68-ASA2-AA7,32,3 304.02 (5) Notwithstanding subs. (1) to (3), a prisoner who is serving a life sentence under s. 939.62 (2m) (c) or 973.014 (1) (c) or , (1g), or (3) (c) is not eligible for release to parole supervision under this section.

AB68-ASA2-AA7,389sh Section 389sh. 304.06 (1) (b) of the statutes is amended to read:

AB68-ASA2-AA7,32,20 304.06 (1) (b) Except as provided in s. 961.49 (2), 1999 stats., sub. (1m) or s. 302.045 (3), 302.05 (3) (b), 973.01 (6), or 973.0135 , or 973.018, the parole commission may parole an inmate of the Wisconsin state prisons or any felon or any person serving at least one year or more in a county house of correction or a county reforestation camp organized under s. 303.07, when he or she has served 25 percent of the sentence imposed for the offense, or 6 months, whichever is greater. Except as provided in s. 939.62 (2m) (c) or 973.014 (1) (b) or (c), (1g) or, (2), or (3) (b) or (c), the parole commission may parole an inmate serving a life term when he or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject to extension under s. 302.11 (1q) and (2), or reduction under s. 973.018, if applicable. The person serving the life term shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary may grant special action parole releases under s. 304.02. The department or the parole commission shall not provide any convicted offender or other person sentenced to the department's custody any parole eligibility or evaluation until the person has been confined at least 60 days following sentencing.

AB68-ASA2-AA7,389vm Section 389vm. 304.071 (2) of the statutes is amended to read:

AB68-ASA2-AA7,32,24 304.071 (2) If a prisoner is not eligible for parole under s. 961.49 (2), 1999 stats., or s. 939.62 (2m) (c), 973.01 (6), 973.014 (1) (c) or , (1g), or (3) (c), or 973.032 (5), he or she is not eligible for parole under this section.”.

AB68-ASA2-AA7,33,1 30. Page 346, line 17: after that line insert:

AB68-ASA2-AA7,33,2 “ Section 389nm. 302.31 (7) of the statutes is amended to read:

AB68-ASA2-AA7,33,8 302.31 (7) The temporary placement of persons in the custody of the department, other than persons under 17 years of age minors, and persons who have attained the age of 17 years but have not attained adults under the age of 25 years who are under the supervision of the department under s. 938.355 (4) and who have been taken into custody pending revocation of community supervision or aftercare supervision under s. 938.357 (5) (e).”.

AB68-ASA2-AA7,33,9 31. Page 346, line 17: after that line insert:

AB68-ASA2-AA7,33,10 “ Section 389og. 302.43 of the statutes is amended to read:

AB68-ASA2-AA7,34,2 302.43 Good time. Every inmate of a county jail is eligible to earn good time in the amount of one-fourth of his or her term for good behavior if sentenced to at least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects or refuses to perform any duty lawfully required of him or her, may be deprived by the sheriff of good time under this section, except that the sheriff shall not deprive the inmate of more than 2 days good time for any one offense without the approval of the court. An inmate who files an action or special proceeding, including a petition for a common law writ of certiorari, to which s. 807.15 applies shall be deprived of the number of days of good time specified in the court order prepared under s. 807.15 (3). This section does not apply to a person who is confined in the county jail in connection with his or her participation in a substance abuse treatment program that meets the requirements of s. 165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10).”.

AB68-ASA2-AA7,34,3 32. Page 355, line 11: after that line insert:

AB68-ASA2-AA7,34,4 “ Section 416a. 808.075 (4) (g) 3. of the statutes is amended to read:

AB68-ASA2-AA7,34,6 808.075 (4) (g) 3. Imposition of sentence upon revocation of probation under s. 973.10 (2) (a) (bm) 2. a.

AB68-ASA2-AA7,416am Section 416am. 911.01 (4) (c) of the statutes is amended to read:

AB68-ASA2-AA7,34,16 911.01 (4) (c) Miscellaneous proceedings. Proceedings for extradition or rendition; sentencing, granting or revoking probation, modification of a bifurcated sentence under s. 302.113 (9g), or adjustment of a bifurcated sentence under s. 973.01 (5m), 973.195 (1r) or 973.198; issuance of subpoenas or warrants under s. 968.375, arrest warrants, criminal summonses, and search warrants; hearings under s. 980.09 (2); proceedings under s. 971.14 (1r) (c); proceedings with respect to pretrial release under ch. 969 except where habeas corpus is utilized with respect to release on bail or as otherwise provided in ch. 969; or proceedings under s. 165.76 (6) to compel provision of a biological specimen for deoxyribonucleic acid analysis.

AB68-ASA2-AA7,416zbg Section 416zbg. 939.50 (3) (d) of the statutes is amended to read:

AB68-ASA2-AA7,34,19 939.50 (3) (d) For a Class D felony, a fine not to exceed $100,000 or imprisonment not to exceed 25 20 years, or both.

AB68-ASA2-AA7,416zk Section 416zk. 950.04 (1v) (gm) of the statutes is amended to read:

AB68-ASA2-AA7,34,23 950.04 (1v) (gm) To have reasonable attempts made to notify the victim of petitions for sentence adjustment as provided under s. 973.01 (5m) (d), 973.018 (3) (e), 973.09 (3m), 973.195 (1r) (d), or 973.198.

AB68-ASA2-AA7,416zm Section 416zm. 950.04 (1v) (vg) of the statutes is amended to read:

AB68-ASA2-AA7,35,4 950.04 (1v) (vg) To have the department of corrections make a reasonable attempt to notify the victim, pursuant to s. 302.107, of a revocation of parole or of release to extended supervision under s. 302.11 (7), 302.113 (9), 302.114 (9), or 304.06 (3) or (3g).”.

AB68-ASA2-AA7,35,5 33. Page 355, line 11: after that line insert:

AB68-ASA2-AA7,35,6 “ Section 416zbm. 939.616 (1g) of the statutes is amended to read:

AB68-ASA2-AA7,35,11 939.616 (1g) If a person is convicted of a violation of s. 948.02 (1) (am) or 948.025 (1) (a), notwithstanding s. 973.014 (1g) (a) 1. and 2. and except as provided under s. 973.018, the court may not make an extended supervision eligibility date determination on a date that will occur before the person has served a 25-year term of confinement in prison.

AB68-ASA2-AA7,416zbs Section 416zbs. 939.62 (2m) (b) (intro.) of the statutes is amended to read:

AB68-ASA2-AA7,35,15 939.62 (2m) (b) (intro.) The actor is a persistent repeater if the offense for which he or she is presently being sentenced was committed after he or she attained the age of 18 and one of the following applies:

AB68-ASA2-AA7,416zL Section 416zL. 950.04 (1v) (m) of the statutes is amended to read:

AB68-ASA2-AA7,35,19 950.04 (1v) (m) To provide statements concerning sentencing, disposition, or parole, as provided under ss. 304.06 (1) (e), 938.32 (1) (b) 1g., 938.335 (3m) (ag), and 972.14 (3) (a), and 973.018 (4) (d).”.

AB68-ASA2-AA7,35,20 34. Page 355, line 11: after that line insert: