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SB70-AA10,197,1815 971.365 (1) (b) In any case under s. 961.41 (1m) (em), 1999 stats., or s. 961.41
16(1m) (cm), (d), (dm), (e), (f), or (g) or (h) involving more than one violation, all
17violations may be prosecuted as a single crime if the violations were pursuant to a
18single intent and design.
SB70-AA10,349 19Section 349. 971.365 (1) (c) of the statutes is amended to read:
SB70-AA10,197,2320 971.365 (1) (c) In any case under s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41
21(3g) (dm), 1999 stats., or s. 961.41 (3g) (am), (c), (d), (e), or (g) involving more than
22one violation, all violations may be prosecuted as a single crime if the violations were
23pursuant to a single intent and design.
SB70-AA10,350 24Section 350. 971.365 (2) of the statutes is amended to read:
SB70-AA10,198,6
1971.365 (2) An acquittal or conviction under sub. (1) does not bar a subsequent
2prosecution for any acts in violation of s. 961.41 (1) (em), 1999 stats., s. 961.41 (1m)
3(em), 1999 stats., s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 1999 stats.,
4or s. 961.41 (1) (cm), (d), (dm), (e), (f), or (g), or (h), (1m) (cm), (d), (dm), (e), (f), or (g),
5or (h) or (3g) (am), (c), (d), (e), or (g) on which no evidence was received at the trial
6on the original charge.
SB70-AA10,351 7Section 351. 973.016 of the statutes is created to read:
SB70-AA10,198,11 8973.016 Special disposition for marijuana-related crimes. (1)
9Resentencing persons serving a sentence or probation. (a) A person serving a
10sentence or on probation may request resentencing or dismissal as provided under
11par. (b) if all of the following apply:
SB70-AA10,198,1312 1. The sentence or probation period was imposed for a violation of s. 961.41 (1)
13(h), 2021 stats., s. 961.41 (1m) (h), 2021 stats., or s. 961.41 (3g) (e), 2021 stats.
SB70-AA10,198,1414 2. One of the following applies:
SB70-AA10,198,1615 a. The person would not have been guilty of a crime had the violation occurred
16on or after the effective date of this subd. 2. a. .... [LRB inserts date].
SB70-AA10,198,1817 b. The person would have been guilty of a lesser crime had the violation
18occurred on or after the effective date of this subd. 2. b. .... [LRB inserts date].
SB70-AA10,198,2019 (b) 1. A person to whom par. (a) applies shall file a petition with the sentencing
20court to request resentencing, adjustment of probation, or dismissal.
SB70-AA10,199,321 2. If the court receiving a petition under subd. 1. determines that par. (a)
22applies, the court shall schedule a hearing to consider the petition. At the hearing,
23if the court determines that par. (a) 2. b. applies, the court shall resentence the person
24or adjust the probation and change the record to reflect the lesser crime, and, if the
25court determines that par. (a) 2. a. applies, the court shall dismiss the conviction and

1expunge the record. Before resentencing, adjusting probation, or dismissing a
2conviction under this subdivision, the court shall determine that the action does not
3present an unreasonable risk of danger to public safety.
SB70-AA10,199,54 3. If the court resentences the person or adjusts probation, the person shall
5receive credit for time or probation served for the relevant offense.
SB70-AA10,199,9 6(2) Redesignating offense for persons who completed a sentence or
7probation.
(a) A person who has completed his or her sentence or period of probation
8may request under par. (b) expungement of the conviction because the conviction is
9legally invalid or redesignation to a lesser crime if all of the following apply:
SB70-AA10,199,1110 1. The sentence or probation period was imposed for a violation of s. 961.41 (1)
11(h), 2021 stats., s. 961.41 (1m) (h), 2021 stats., or s. 961.41 (3g) (e), 2021 stats.
SB70-AA10,199,1212 2. One of the following applies:
SB70-AA10,199,1413 a. The person would not have been guilty of a crime had the violation occurred
14on or after the effective date of this subd. 2. a. .... [LRB inserts date].
SB70-AA10,199,1615 b. The person would have been guilty of a lesser crime had the violation
16occurred on or after the effective date of this subd. 2. b. .... [LRB inserts date].
SB70-AA10,199,1817 (b) 1. A person to whom par. (a) applies shall file a petition with the sentencing
18court to request expungement or redesignation.
SB70-AA10,199,2519 2. If the court receiving a petition under subd. 1. determines that par. (a)
20applies, the court shall schedule a hearing to consider the petition. At the hearing,
21if the court determines that par. (a) 2. b. applies, the court shall redesignate the crime
22to a lesser crime and change the record to reflect the lesser crime, and if the court
23determines that par. (a) 2. a. applies, the court shall expunge the conviction. Before
24redesignating or expunging under this subdivision, the court shall determine that
25the action does not present an unreasonable risk of danger to public safety.
SB70-AA10,200,4
1(3) Effect of resentencing, dismissal, redesignation, or expungement. If the
2court changes or expunges a record under this section, a conviction that was changed
3or expunged is not considered a conviction for any purpose under state or federal law,
4including for purposes of s. 941.29 or 18 USC 921.
SB70-AA10,9128 5Section 9128. Nonstatutory provisions; Legislature.
SB70-AA10,200,116 (1) Joint legislative council study. The joint legislative council shall study
7the implementation of the marijuana tax and regulation provided under subch. IV
8of ch. 139 and identify uses for the revenues generated by the tax. The joint
9legislative council shall report its findings, conclusions, and recommendations to the
10joint committee on finance no later than 2 years after the effective date of this
11subsection.”.
SB70-AA10,200,12 12274. Page 374, line 11: after that line insert:
SB70-AA10,200,13 13 Section 352. 961.443 (2) (title) of the statutes is amended to read:
SB70-AA10,200,1514 961.443 (2) (title) Immunity from criminal prosecution and revocation of
15parole, probation, or extended supervision
.
SB70-AA10,353 16Section 353. 961.443 (2) of the statutes is renumbered 961.443 (2) (a) and
17amended to read:
SB70-AA10,201,218 961.443 (2) (a) An No aider may have his or her parole, probation, or extended
19supervision revoked, and an
aider is immune from prosecution under s. 961.573 for
20the possession of drug paraphernalia, under s. 961.41 (3g) for the possession of a
21controlled substance or a controlled substance analog, and under s. 961.69 (2) for
22possession of a masking agent under the circumstances surrounding or leading to his
23or her commission of an act described in sub. (1) if the aider's attempt to obtain

1assistance occurs immediately after the aider believes the other person is suffering
2from the overdose or other adverse reaction
.
SB70-AA10,354 3Section 354. 961.443 (2) (b) of the statutes is created to read:
SB70-AA10,201,94 961.443 (2) (b) 1. No aided person person may have his or her parole, probation,
5or extended supervision revoked under the circumstances surrounding or leading to
6an aider's commission of an act described in sub. (1) if the aided person completes a
7treatment program as a condition of his or her parole, probation, or extended
8supervision or, if a treatment program is unavailable or would be prohibitive
9financially, agrees to be imprisoned in the county jail for not less than 15 days.
SB70-AA10,201,1810 2. If an aided person is subject to prosecution under s. 961.573 for the
11possession of drug paraphernalia, under s. 961.41 (3g) for the possession of a
12controlled substance or a controlled substance analog, or under s. 961.69 (2) for
13possession of a masking agent under the circumstances surrounding or leading to an
14aider's commission of an act described in sub. (1), the district attorney shall offer the
15aided person a deferred prosecution agreement that includes the completion of a
16treatment program. This subdivision does not apply to an aided person who is on
17parole, probation, or extended supervision and fails to meet a condition under subd.
181.”.
SB70-AA10,201,19 19275. Page 374, line 11: after that line insert:
SB70-AA10,201,20 20 Section 355. 302.05 (title) of the statutes is amended to read:
SB70-AA10,201,21 21302.05 (title) Wisconsin substance abuse earned release program.
SB70-AA10,356 22Section 356. 302.05 (1) (am) (intro.) of the statutes is amended to read:
SB70-AA10,202,623 302.05 (1) (am) (intro.) The department of corrections and the department of
24health services may designate a section of a mental health institute as a correctional

1treatment facility for the treatment of substance abuse use disorder of inmates
2transferred from Wisconsin state prisons. This section shall be administered by the
3department of corrections and shall be known as the Wisconsin substance abuse

4program. The department of corrections and the department of health services shall
5ensure that the residents at the institution and the residents in the substance abuse
6use disorder program:
SB70-AA10,357 7Section 357. 302.05 (1) (b) of the statutes is amended to read:
SB70-AA10,202,118 302.05 (1) (b) The department of corrections and the department of health
9services shall, at any correctional facility the departments determine is appropriate,
10provide a substance abuse use disorder treatment program for inmates for the
11purposes of the program described in sub. (3).
SB70-AA10,358 12Section 358. 302.05 (1) (c) of the statutes is created to read:
SB70-AA10,202,1513 302.05 (1) (c) 1. In this paragraph, “vocational readiness training program”
14means an educational, vocational, treatment, or other evidence-based training
15program to reduce recidivism.
SB70-AA10,202,1816 2. The department shall, at any correctional facility the department
17determines is appropriate, provide vocational readiness training programs for the
18purposes of the program described in sub. (3).
SB70-AA10,359 19Section 359. 302.05 (2) of the statutes is amended to read:
SB70-AA10,202,2120 302.05 (2) Transfer to a correctional treatment facility for the treatment of a
21substance abuse use disorder shall be considered a transfer under s. 302.18.
SB70-AA10,360 22Section 360. 302.05 (3) (a) 2. of the statutes is amended to read:
SB70-AA10,203,323 302.05 (3) (a) 2. If the inmate is serving a bifurcated sentence imposed under
24s. 973.01, the sentencing court decided under par. (e) or s. 973.01 (3g)
The department
25determines
that the inmate is eligible to participate in the earned release program

1described in this subsection. In making its determination, the department shall
2consider a decision of the sentencing court under s. 302.05 (3) (e), 2021 stats., or s.
3973.01 (3g), 2021 stats.
SB70-AA10,361 4Section 361. 302.05 (3) (b) of the statutes is amended to read:
SB70-AA10,203,135 302.05 (3) (b) Except as provided in par. (d), if the department determines that
6an eligible inmate serving a sentence other than one imposed under s. 973.01 has
7successfully completed a substance use disorder treatment program described in
8sub. (1) (b) or a vocational readiness training program described in sub. (1) (c), the
9parole commission shall parole the inmate for that sentence under s. 304.06,
10regardless of the time the inmate has served. If the parole commission grants parole
11under this paragraph for the completion of a substance use disorder treatment
12program
, it shall require the parolee to participate in an intensive supervision
13program for drug abusers as a condition of parole.
SB70-AA10,362 14Section 362. 302.05 (3) (c) 1. of the statutes is amended to read:
SB70-AA10,203,2015 302.05 (3) (c) 1. Except as provided in par. (d), if the department determines
16that an eligible inmate serving the term of confinement in prison portion of a
17bifurcated sentence imposed under s. 973.01 has successfully completed a substance
18use disorder
treatment program described in sub. (1) (b) or a vocational readiness
19training program described in sub. (1) (c)
, the department shall inform the court that
20sentenced the inmate.
SB70-AA10,363 21Section 363. 302.05 (3) (c) 2. (intro.) of the statutes is amended to read:
SB70-AA10,204,222 302.05 (3) (c) 2. (intro.) Upon being informed by the department under subd.
231. that an inmate whom the court sentenced under s. 973.01 has successfully
24completed a substance use disorder treatment program described in sub. (1) (b) or

1a vocational readiness training program described in sub. (1) (c)
, the court shall
2modify the inmate's bifurcated sentence as follows:
SB70-AA10,364 3Section 364. 302.05 (3) (d) of the statutes is amended to read:
SB70-AA10,204,64 302.05 (3) (d) The department may place intensive sanctions program
5participants in a treatment program described in sub. (1) (b), but pars. (b) and (c) do
6not apply to those participants.
SB70-AA10,365 7Section 365. 302.05 (3) (e) of the statutes is repealed.
SB70-AA10,366 8Section 366. 302.11 (7) (am) of the statutes is amended to read:
SB70-AA10,204,149 302.11 (7) (am) The reviewing authority may return a parolee released under
10sub. (1) or (1g) (b) or s. 304.02 or 304.06 (1) to prison for a period up to the remainder
11of the sentence for a violation of the conditions of parole. The remainder of the
12sentence is the entire sentence, less time served in custody prior to parole and less
13any earned compliance credit under s. 973.156
. The revocation order shall provide
14the parolee with credit in accordance with ss. 304.072 and 973.155.
SB70-AA10,367 15Section 367. 302.113 (9) (ag) of the statutes is renumbered 302.113 (9) (ag)
16(intro.) and amended to read:
SB70-AA10,204,1717 302.113 (9) (ag) (intro.) In this subsection “ reviewing:
SB70-AA10,204,20 181. “Reviewing authority" means the division of hearings and appeals in the
19department of administration, upon proper notice and hearing, or the department
20of corrections, if the person on extended supervision waives a hearing.
SB70-AA10,368 21Section 368. 302.113 (9) (am) of the statutes is renumbered 302.113 (9) (am)
221. and amended to read:
SB70-AA10,205,323 302.113 (9) (am) 1. If a person released to extended supervision under this
24section violates a condition of extended supervision, the reviewing authority may
25revoke the extended supervision of the person. If the extended supervision of the

1person is revoked, the reviewing authority shall order the person to be returned to
2prison for any specified period of time that does not exceed the time remaining on the
3bifurcated sentence. The time
SB70-AA10,205,8 4(ag) 2. “Time remaining on the bifurcated sentence is” means the total length
5of the bifurcated sentence, less time served by the person in confinement under the
6sentence before release to extended supervision under sub. (2), less any earned
7compliance credit under s. 973.156,
and less all time served in confinement for
8previous revocations of extended supervision under the sentence.
SB70-AA10,205,11 9(am) 2. The order returning a person to prison under this paragraph shall
10provide the person whose extended supervision was revoked with credit in
11accordance with ss. 304.072 and 973.155.
SB70-AA10,369 12Section 369. 302.113 (9) (b) of the statutes is amended to read:
SB70-AA10,205,2013 302.113 (9) (b) A person who is returned to prison after revocation of extended
14supervision shall be incarcerated for the entire period of time specified by the order
15under par. (am) 1. The period of time specified under par. (am) 1. may be extended
16in accordance with sub. (3). If a person is returned to prison under par. (am) 1. for
17a period of time that is less than the time remaining on the bifurcated sentence, the
18person shall be released to extended supervision after he or she has served the period
19of time specified by the order under par. (am) 1. and any periods of extension imposed
20in accordance with sub. (3).
SB70-AA10,370 21Section 370. 302.113 (9) (c) of the statutes is amended to read:
SB70-AA10,206,522 302.113 (9) (c) A person who is subsequently released to extended supervision
23after service of the period of time specified by the order under par. (am) 1. is subject
24to all conditions and rules under sub. (7) and, if applicable, sub. (7m) until the
25expiration of the time remaining extended supervision portion of on the bifurcated

1sentence. The remaining extended supervision portion of the bifurcated sentence is
2the total length of the bifurcated sentence, less the time served by the person in
3confinement under the bifurcated sentence before release to extended supervision
4under sub. (2) and less all time served in confinement for previous revocations of
5extended supervision under the bifurcated sentence.
SB70-AA10,371 6Section 371. 302.114 (9) (ag) of the statutes is amended to read:
SB70-AA10,206,87 302.114 (9) (ag) In this subsection “reviewing authority" has the meaning given
8in s. 302.113 (9) (ag) 1.
SB70-AA10,372 9Section 372. 304.072 (4) of the statutes is amended to read:
SB70-AA10,206,1410 304.072 (4) The sentence of a revoked parolee or person on extended
11supervision resumes running on the day he or she is received at a correctional
12institution subject to sentence credit for the period of custody in a jail, correctional
13institution or any other detention facility pending revocation according to the terms
14of s. 973.155 and subject to earned compliance credit under s. 973.156.
SB70-AA10,373 15Section 373. 973.15 (5) of the statutes is amended to read:
SB70-AA10,206,1916 973.15 (5) A convicted offender who is made available to another jurisdiction
17under ch. 976 or in any other lawful manner shall be credited with service of his or
18her Wisconsin sentence or commitment under the terms of s. ss. 973.155 and 973.156
19for the duration of custody in the other jurisdiction.
SB70-AA10,374 20Section 374. 973.156 of the statutes is created to read:
SB70-AA10,206,23 21973.156 Earned compliance credit. (1) In this section, “qualifying offense”
22means a crime other than a violation of ch. 940 or s. 948.02, 948.025, 948.03, 948.05,
23948.051, 948.055, 948.06, 948.07, 948.075, 948.08, 948.085, or 948.095.
SB70-AA10,207,3 24(2) Upon the revocation of extended supervision under s. 302.113 (9) or parole
25under s. 302.11 (7), a person shall be given earned compliance credit toward the

1service of his or her sentence for a qualifying offense for each day that the person
2spent on extended supervision or parole without violating a condition or rule of
3extended supervision or parole prior to the violation that resulted in the revocation.
SB70-AA10,207,5 4(3) Subsection (2) does not apply to a person who is required to register under
5s. 301.45.
SB70-AA10,207,8 6(4) If a person is serving more than one sentence, earned compliance credit
7under sub. (2) is earned only for the time spent on extended supervision or parole for
8qualifying offenses.
SB70-AA10,207,11 9(5) The amount of the earned compliance credit under sub. (2) shall be
10calculated and applied by the appropriate reviewing authority under s. 302.11 (7)
11(am) or 302.113 (9) (am) 1.
SB70-AA10,9108 12Section 9108. Nonstatutory provisions; Corrections.
SB70-AA10,207,1713 (1) Earned release program rules. The department of corrections shall update
14its administrative rules to implement earned release for completion of a vocational
15readiness training program under s. 302.05 (3), including specification of the
16eligibility criteria for persons sentenced before the effective date of this subsection
17to participate in the program.
SB70-AA10,208,418 (2) Earned compliance credit. A person who is serving a sentence for a
19violation other than a crime specified in ch. 940 or s. 948.02, 948.025, 948.03, 948.05,
20948.051, 948.055, 948.06, 948.07, 948.075, 948.08, 948.085, or 948.095 and who is in
21custody upon revocation of extended supervision or parole on the effective date of this
22subsection may petition the department of corrections to be given credit under s.
23973.156. Upon proper verification of the facts alleged in the petition, credit under
24s. 973.156 shall be applied retroactively to the person. If the department of
25corrections is unable to determine whether credit under s. 973.156 should be given,

1or otherwise refuses to award retroactive credit, the person may petition the
2sentencing court for relief. This subsection applies regardless of the date the person
3was sentenced. A person who is required to register under s. 301.45 is not eligible
4to receive credit under this subsection.”.
SB70-AA10,208,5 5276. Page 374, line 11: after that line insert:
SB70-AA10,208,6 6 Section 375. 20.866 (2) (uv) of the statutes is amended to read:
SB70-AA10,208,137 20.866 (2) (uv) Transportation, harbor improvements. From the capital
8improvement fund, a sum sufficient for the department of transportation to provide
9grants for harbor improvements. The state may contract public debt in an amount
10not to exceed $120,000,000 $183,300,000 for this purpose. The state may contract
11additional public debt in an amount up to $32,000,000 for this purpose. The state
12may contract additional public debt in an amount up to $15,300,000 for this
13purpose.
”.
SB70-AA10,208,14 14277. Page 374, line 11: after that line insert:
SB70-AA10,208,15 15 Section 376. 20.395 (4) (fq) of the statutes is created to read:
SB70-AA10,208,1816 20.395 (4) (fq) Electric vehicle infrastructure, state funds. As a continuing
17appropriation, the amounts in the schedule for the electric vehicle infrastructure
18program under s. 85.53.
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