January 7, 2022 - Introduced by Representatives Wichgers, Sanfelippo,
Armstrong, Behnke, Duchow, Gundrum, Kuglitsch, Krug and Murphy,
cosponsored by Senators Jacque and Stroebel. Referred to Committee on
Judiciary.
AB842,1,4
1An Act to amend 302.045 (2) (c), 302.05 (3) (a) 1., 302.113 (9g) (b) (intro.), 973.01
2(3g) and 973.01 (3m); and
to create 304.02 (1m) and 973.09 (3) (d) 7. of the
3statutes;
relating to: earned release from parole or extended supervision and
4discharge from probation.
Analysis by the Legislative Reference Bureau
This bill specifies that an individual who is on probation for committing certain
violent crimes may not be discharged early from probation, and an individual who
is serving a sentence in prison for committing certain violent crimes does not qualify
for programs that allow early release to parole or extended supervision.
Under current law, the court may discharge a person from probation after he
or she has completed 50 percent of his or her probation period if he or she has met
all the rules and conditions of probation. Under the bill, a person is not eligible to
be discharged from probation under this provision if he or she is on probation for
certain violent crimes.
Under current law, the Department of Corrections provides certain programs
that allow inmates to qualify for release to parole or extended supervision regardless
of the amount of time the inmate has served. Under current law, an inmate is
ineligible for these programs if he or she is serving a sentence for certain violent
crimes. The bill adds certain other violent crimes to the list of crimes that make an
inmate ineligible for these programs.
Under current law, an inmate may petition for a reduced term of confinement
in prison if that inmate has reached a certain age or has an extraordinary health
condition. Under the bill, an inmate is ineligible for the reduced term of confinement
based on age or an extraordinary health condition if the inmate is serving a sentence
for certain violent crimes.
Under current law, DOC may use a special action release program to relieve
crowding in state prisons by releasing certain inmates to parole. Under the bill, an
inmate is not eligible for special action release if he or she is serving a sentence for
certain violent crimes.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB842,1
1Section
1. 302.045 (2) (c) of the statutes is amended to read:
AB842,2,62
302.045
(2) (c) The inmate is incarcerated regarding a violation other than a
3crime specified in ch. 940 or s.
941.29 (1g) (a); a crime specified in s. 941.29 (1g) (b),
4not including s. 951.02, 951.08, 951.09, or 951.095; or a crime under s. 948.02
, 5948.025, 948.03, 948.05, 948.051 (3), 948.055,
948.06, 948.07, 948.075,
948.08,
6948.085, or 948.095.
AB842,2
7Section
2. 302.05 (3) (a) 1. of the statutes is amended to read:
AB842,2,128
302.05
(3) (a) 1. The inmate is incarcerated regarding a violation other than
9a crime specified in ch. 940 or s.
941.29 (1g) (a); a crime specified in s. 941.29 (1g) (b),
10not including s. 951.02, 951.08, 951.09, or 951.095; or a crime under s. 948.02
, 11948.025, 948.03, 948.05, 948.051 (3), 948.055,
948.06, 948.07, 948.075,
948.08,
12948.085, or 948.095.
AB842,3
13Section 3
. 302.113 (9g) (b) (intro.) of the statutes is amended to read:
AB842,3,214
302.113
(9g) (b) (intro.) An inmate who is serving a bifurcated sentence for a
15crime other than
a crime specified in s. 941.29 (1g) (a); a crime specified in s. 941.29
16(1g) (b), not including s. 951.02, 951.08, 951.09, or 951.095; a crime under s. 948.02
17(3), 948.055, 948.075, or 948.095; or a Class B felony may seek modification of the
1bifurcated sentence in the manner specified in par. (f) if he or she meets one of the
2following criteria:
AB842,4
3Section
4. 304.02 (1m) of the statutes is created to read:
AB842,3,74
304.02
(1m) A person who is serving a sentence for a crime specified in s. 941.29
5(1g) (a); a crime specified in s. 941.29 (1g) (b), not including s. 951.02, 951.08, 951.09,
6or 951.095; or a crime under s. 948.02 (3), 948.055, 948.075, or 948.095 is not eligible
7for special action release under this section.
AB842,5
8Section
5. 973.01 (3g) of the statutes is amended to read:
AB842,3,179
973.01
(3g) Earned release program eligibility. When imposing a bifurcated
10sentence under this section on a person convicted of a crime other than a crime
11specified in ch. 940 or s.
941.29 (1g) (a); a crime specified in s. 941.29 (1g) (b), not
12including s. 951.02, 951.08, 951.09, or 951.095; or a crime under s. 948.02
, 948.025,
13948.03, 948.05, 948.051 (3), 948.055,
948.06, 948.07, 948.075,
948.08, 948.085, or
14948.095, the court shall, as part of the exercise of its sentencing discretion, decide
15whether the person being sentenced is eligible or ineligible to participate in the
16earned release program under s. 302.05 (3) during the term of confinement in prison
17portion of the bifurcated sentence.
AB842,6
18Section
6. 973.01 (3m) of the statutes is amended to read:
AB842,4,219
973.01
(3m) Challenge incarceration program eligibility. When imposing
20a bifurcated sentence under this section on a person convicted of a crime other than
21a crime specified in ch. 940 or s.
941.29 (1g) (a); a crime specified in s. 941.29 (1g) (b),
22not including s. 951.02, 951.08, 951.09, or 951.095; or a crime under s. 948.02
, 23948.025, 948.03, 948.05, 948.051 (3), 948.055,
948.06, 948.07, 948.075,
948.08,
24948.085, or 948.095, the court shall, as part of the exercise of its sentencing
25discretion, decide whether the person being sentenced is eligible or ineligible for the
1challenge incarceration program under s. 302.045 during the term of confinement in
2prison portion of the bifurcated sentence.
AB842,7
3Section
7. 973.09 (3) (d) 7. of the statutes is created to read:
AB842,4,74
973.09
(3) (d) 7. The probationer is on probation for a violation other than a
5crime specified in s. 941.29 (1g) (a); a crime specified in s. 941.29 (1g) (b), not
6including s. 951.02, 951.08, 951.09, or 951.095; or a crime under s. 948.02 (3),
7948.055, 948.075, or 948.095.