Amendment SSA1-AB68

AB68-SSA1,1246,10 (f) That every pregnant person and every person who has given birth in the past 6 months has access to a mental health assessment and, if necessary, mental health treatment.

AB68-SSA1,1246,13 (g) That every pregnant person and every person who has given birth in the past 6 months who is determined to be suffering from a mental illness has access to evidence-based mental health treatment including psychotropic medication.

AB68-SSA1,1246,17 (h) That every pregnant person who is determined to be suffering from depression and every person who has given birth in the past 6 months who is determined to be suffering from postpartum depression has access to evidence-based therapeutic care for depression.

AB68-SSA1,1246,21 (i) That every person who has given birth in the past 12 months whose body is producing breast milk has access to the necessary supplies and is provided an opportunity to express the breast milk as needed to maintain an active supply of breast milk.

AB68-SSA1,1246,24 (j) That every pregnant person and every person who has given birth in the past 6 months is advised orally and in writing of all applicable laws and policies governing an incarcerated pregnant or postpartum person.

AB68-SSA1,2761 Section 2761 . 302.107 (2) of the statutes is amended to read:

AB68-SSA1,1247,5 302.107 (2) Upon revocation of parole or extended supervision under s. 302.11 (7), 302.113 (9), 302.114 (9), or 304.06 (3) or (3g), the department shall make a reasonable effort to send a notice of the revocation to a victim of an offense committed by the inmate, if the victim can be found, in accordance with sub. (3) and after receiving a completed card under sub. (4).

AB68-SSA1,2762 Section 2762 . 302.11 (7) (ag) of the statutes is renumbered 302.11 (7) (ag) (intro.) and amended to read:

AB68-SSA1,1247,8 302.11 (7) (ag) (intro.) In this subsection “ reviewing:

AB68-SSA1,1247,11 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-SSA1,2763 Section 2763 . 302.11 (7) (am) of the statutes is renumbered 302.11 (7) (am) 1. (intro.) and amended to read:

AB68-SSA1,1247,17 302.11 (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-SSA1,1247,20 (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-SSA1,1247,24 (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-SSA1,2764 Section 2764 . 302.11 (7) (am) 1. a. to e. of the statutes are created to read:

AB68-SSA1,1248,2 302.11 (7) (am) 1. a. The parolee committed 3 or more independent violations while released on parole.

AB68-SSA1,1248,4 b. The condition that the parolee violated was a condition that the parolee not contact any specified individual.

AB68-SSA1,1248,5 c. The parolee was required to register as a sex offender under s. 301.45.

AB68-SSA1,1248,7 d. When the parolee violated the condition of parole, the parolee also allegedly committed a crime.

AB68-SSA1,1248,9 e. The parolee failed to report or make himself or herself available for supervision for a period of more than 60 days.

AB68-SSA1,2765 Section 2765. 302.113 (title) of the statutes is amended to read:

AB68-SSA1,1248,12 302.113 (title) Release to extended supervision for felony offenders not serving life sentences and youthful offenders.

AB68-SSA1,2766 Section 2766. 302.113 (1) of the statutes is amended to read:

AB68-SSA1,1248,18 302.113 (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-SSA1,2767 Section 2767. 302.113 (2) of the statutes is amended to read:

AB68-SSA1,1248,24 302.113 (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-SSA1,2768 Section 2768 . 302.113 (8m) (a) of the statutes is renumbered 302.113 (8m).

AB68-SSA1,2769 Section 2769. 302.113 (8m) (b) of the statutes is repealed.

AB68-SSA1,2770 Section 2770. 302.113 (9) (ag) of the statutes is renumbered 302.113 (9) (ag) (intro.) and amended to read:

AB68-SSA1,1249,4 302.113 (9) (ag) (intro.) In this subsection “ reviewing:

AB68-SSA1,1249,7 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-SSA1,2771 Section 2771. 302.113 (9) (ag) 1. of the statutes is created to read:

AB68-SSA1,1249,9 302.113 (9) (ag) 1. “Crime" has the meaning given in s. 939.12.

AB68-SSA1,2772 Section 2772. 302.113 (9) (am) of the statutes is renumbered 302.113 (9) (am) 1. (intro.) and amended to read:

AB68-SSA1,1249,15 302.113 (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-SSA1,1249,19 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-SSA1,1249,24 (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-SSA1,1250,3 (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-SSA1,2773 Section 2773 . 302.113 (9) (am) 1. a. to e. of the statutes are created to read:

AB68-SSA1,1250,6 302.113 (9) (am) 1. a. The person committed 3 or more independent violations during his or her term of extended supervision.

AB68-SSA1,1250,8 b. The condition that the person violated was a condition that the person not contact any specified individual.

AB68-SSA1,1250,9 c. The person was required to register as a sex offender under s. 301.45.

AB68-SSA1,1250,11 d. When the person violated the condition of extended supervision, the person also allegedly committed a crime.

AB68-SSA1,1250,13 e. The person failed to report or make himself or herself available for supervision for a period of more than 60 consecutive days.

AB68-SSA1,2774 Section 2774. 302.113 (9) (b) of the statutes is amended to read:

AB68-SSA1,1250,22 302.113 (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-SSA1,2775 Section 2775. 302.113 (9) (c) of the statutes is amended to read:

AB68-SSA1,1251,7 302.113 (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-SSA1,2776 Section 2776. 302.114 (1) of the statutes is amended to read:

AB68-SSA1,1251,14 302.114 (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-SSA1,2777 Section 2777 . 302.114 (9) (ag) of the statutes is amended to read:

AB68-SSA1,1251,17 302.114 (9) (ag) In this subsection “reviewing authority" has the meaning given in s. 302.113 (9) (ag) 3.

AB68-SSA1,2778 Section 2778 . 302.115 of the statutes is created to read:

AB68-SSA1,1251,20 302.115 Sanctions for violation of condition of probation, parole, or extended supervision. (1) In this section:

AB68-SSA1,1251,22 (a) “Division” means the division of hearings and appeals in the department of administration.

AB68-SSA1,1251,24 (b) “Reviewing authority” means the division or, if a hearing is waived under sub. (5), the department.

AB68-SSA1,1252,4 (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-SSA1,1252,6 (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-SSA1,1252,7 (4) The reviewing authority may impose one of the following sanctions:

AB68-SSA1,1252,9 (a) Except as provided under par. (b), imprisonment for a period not to exceed 30 days.

AB68-SSA1,1252,11 (b) Imprisonment for a period not to exceed 90 days if any of the following applies:

AB68-SSA1,1252,13 1. The person has committed 3 or more independent violations during his or her term of probation, parole, or extended supervision.

AB68-SSA1,1252,15 2. The condition that the person violated was a condition that the person not contact any specified individual.

AB68-SSA1,1252,16 3. The person was required to register as a sex offender under s. 301.45.

AB68-SSA1,1252,18 4. When the person violated the condition of probation, parole, or extended supervision, the person also allegedly committed a crime.

AB68-SSA1,1252,20 5. The person failed to report or make himself or herself available for supervision for a period of more than 60 consecutive days.

AB68-SSA1,1252,24 (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-SSA1,1253,3 (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-SSA1,1253,5 (7) Notwithstanding s. 302.43, a person is not eligible to earn good time credit on any period of confinement under this section.

AB68-SSA1,2779 Section 2779 . 302.31 (7) of the statutes is amended to read:

AB68-SSA1,1253,12 302.31 (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-SSA1,2780 Section 2780 . 302.31 (7) of the statutes, as affected by 2021 Wisconsin Act .... (this act), is amended to read:

AB68-SSA1,1253,19 302.31 (7) The temporary placement of persons in the custody of the department, other than minors, and 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-SSA1,2781 Section 2781 . 302.33 (1) of the statutes is amended to read:

AB68-SSA1,1254,3 302.33 (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-SSA1,2782 Section 2782. 302.335 (2j) of the statutes is amended to read:

AB68-SSA1,1254,12 302.335 (2j) The department shall allow a probationer , parolee, or person on extended supervision who is detained in a county jail, tribal jail, or county house of correction under this section to be considered for participation in a program under s. 303.08 (1) (a), (b), (bn), or (e) if the person was placed on probation for a misdemeanor and the probation violation for which he or she is confined is not a crime. The sheriff, tribal chief of police, or superintendent of the house of correction, in conjunction with the department, shall determine the probationer's eligibility to participate in such programs and may terminate participation at any time.

AB68-SSA1,2783 Section 2783. 302.386 (5) (c) of the statutes is repealed.

AB68-SSA1,2784 Section 2784. 302.386 (5) (d) of the statutes is amended to read:

AB68-SSA1,1254,17 302.386 (5) (d) Any participant in the serious juvenile offender program under s. 938.538 unless the participant is placed in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19).

AB68-SSA1,2785 Section 2785 . 302.43 of the statutes is amended to read:

AB68-SSA1,1255,8 302.43 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-SSA1,2786 Section 2786. 303.065 (1) (b) 1. of the statutes is amended to read:

AB68-SSA1,1255,15 303.065 (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-SSA1,2787 Section 2787 . 303.08 (1) (intro.) of the statutes is amended to read:

AB68-SSA1,1255,24 303.08 (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, parolee, or person on extended supervision who is detained in a county jail, tribal jail, or other county facility for a probation violation who meets the criteria under s. 302.335 (2j) pending disposition of revocation proceedings, investigation of a rule violation, or for a short-term sanction may be granted the privilege of leaving the jail during necessary and reasonable hours for any of the following purposes:

AB68-SSA1,2788 Section 2788 . 303.08 (2) of the statutes is amended to read:

AB68-SSA1,1256,8 303.08 (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-SSA1,2789 Section 2789 . 303.08 (5) (intro.) of the statutes is amended to read: