Amendment SSA1-AB68

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:

AB68-SSA1,1256,14 303.08 (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-SSA1,2790 Section 2790 . 303.08 (6) of the statutes is amended to read:

AB68-SSA1,1256,21 303.08 (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-SSA1,2791 Section 2791 . 303.08 (12) of the statutes is amended to read:

AB68-SSA1,1257,2 303.08 (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-SSA1,2792 Section 2792. 304.02 (5) of the statutes is amended to read:

AB68-SSA1,1257,6 304.02 (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-SSA1,2793 Section 2793. 304.06 (1) (b) of the statutes is amended to read:

AB68-SSA1,1257,23 304.06 (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-SSA1,2794 Section 2794. 304.06 (3) of the statutes is renumbered 304.06 (3) (a) and amended to read:

AB68-SSA1,1258,2 304.06 (3) (a) Every paroled prisoner remains in the legal custody of the department unless otherwise provided by the department.

AB68-SSA1,1258,7 (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-SSA1,1258,11 (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-SSA1,1258,13 (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-SSA1,1258,16 (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-SSA1,1258,18 (f) If the parolee waives the final administrative hearing, the secretary of corrections shall enter an order revoking or not revoking parole.

AB68-SSA1,1258,25 (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-SSA1,1259,3 (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-SSA1,2795 Section 2795 . 304.06 (3) (g) 1. to 5. of the statutes are created to read:

AB68-SSA1,1259,6 304.06 (3) (g) 1. The person has committed 3 or more independent violations while released on parole.

AB68-SSA1,1259,8 2. The condition that the person violated was a condition that the person not contact any specified individual.

AB68-SSA1,1259,9 3. The person was required to register as a sex offender under s. 301.45.

AB68-SSA1,1259,11 4. When the person violated the condition of parole, the person also allegedly committed a crime.

AB68-SSA1,1259,13 5. The person failed to report or make himself or herself available for supervision for a period of more than 60 consecutive days.

AB68-SSA1,2796 Section 2796 . 304.06 (3g) of the statutes is repealed.

AB68-SSA1,2797 Section 2797. 304.071 (2) of the statutes is amended to read:

AB68-SSA1,1259,18 304.071 (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-SSA1,2798 Section 2798. 304.072 (4) of the statutes is amended to read:

AB68-SSA1,1259,24 304.072 (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-SSA1,2799 Section 2799. 321.37 of the statutes is amended to read:

AB68-SSA1,1260,11 321.37 No discrimination. No person, otherwise qualified, may be denied membership in the national guard or state defense force because of sex, color, race, creed, or sexual orientation, gender expression, as defined in s. 111.32 (7j), or gender identity, as defined in s. 111.32 (7k), and no member of the national guard or state defense force may be segregated within the national guard or state defense force on the basis of sex, color, race, creed, or sexual orientation, gender expression, as defined in s. 111.32 (7j), or gender identity, as defined in s. 111.32 (7k). Nothing in this section prohibits separate facilities for persons of different sexes with regard to dormitory accommodations, toilets, showers, saunas, and dressing rooms, except that no person may be denied equal access to facilities most consistent with the person's gender identity.

AB68-SSA1,2800 Section 2800. 321.40 (1) (c) 2. of the statutes is amended to read:

AB68-SSA1,1260,16 321.40 (1) (c) 2. A public institution of higher education under the Minnesota-Wisconsin Minnesota-University of Wisconsin System student reciprocity agreement under s. 36.27 (2r) or a public vocational school under the Minnesota-Wisconsin public vocational school reciprocity agreement under s. 39.47.

AB68-SSA1,2801 Section 2801. 323.14 (1m) of the statutes is created to read:

AB68-SSA1,1260,23 323.14 (1m) Considerations in federal hazard mitigation planning. If a city, village, town, or county develops a mitigation plan under 42 U.S.C. 5165, the city, village, town, or county shall consider the effects of climate change on the natural hazards, risks, and vulnerabilities of the city, village, town, or county and consider actions that may assist in mitigating the effects of climate change on these hazards, risks, and vulnerabilities.

AB68-SSA1,2802 Section 2802. 323.29 (3) (a) of the statutes is renumbered 323.29 (3) (a) (intro.) and amended to read:

AB68-SSA1,1261,1 323.29 (3) (a) (intro.) The department shall provide do all of the following:

AB68-SSA1,1261,2 1. Provide staff support for the council and oversight of.

AB68-SSA1,1261,4 3. Oversee the development and operation of a any current or future statewide public safety interoperable communication system.

AB68-SSA1,2803 Section 2803. 323.29 (3) (a) 2. of the statutes is created to read:

AB68-SSA1,1261,7 323.29 (3) (a) 2. Administer any current or future statewide public safety interoperable communication system.

AB68-SSA1,2804 Section 2804. 323.29 (3) (b) 3. of the statutes is created to read:

AB68-SSA1,1261,11 323.29 (3) (b) 3. Enter into agreements for maintenance and support of, upgrades to, and enhancements for the statewide public safety interoperable communication system under this section.

AB68-SSA1,2805 Section 2805. 323.31 of the statutes is amended to read:

AB68-SSA1,1262,3 323.31 State disaster assistance. From the appropriations under s. 20.465 (3) (b) and (s), the adjutant general shall make payments to retail electric cooperatives, as defined in s. 16.957 (1) (t), to local governmental units, as defined in s. 19.42 (7u), and to federally recognized American Indian tribes and bands in this state for the damages and costs incurred as the result of a disaster , including costs incurred for approved hazard mitigation measures after a disaster, if federal disaster assistance is not available for that disaster because the governor's request that the president declare the disaster a major disaster under 42 USC 5170 has been denied or because the disaster, as determined by the department of military affairs, does not meet the statewide or countywide per capita impact indicator under the public assistance program that is issued by the federal emergency management agency. To be eligible for a payment under this section, the retail electric cooperative, local governmental unit, or tribe or band shall pay 30 percent of the amount of the damages and costs resulting from the disaster. The department of military affairs shall promulgate rules establishing the application process and the criteria for determining eligibility for payments under this section.

AB68-SSA1,2806 Section 2806. 323.72 (title) of the statutes is amended to read:

AB68-SSA1,1262,6 323.72 (title) Structural collapse Urban search and rescue emergency response.

AB68-SSA1,2807 Section 2807. 323.72 (1) of the statutes is amended to read:

AB68-SSA1,1263,3 323.72 (1) A regional structural collapse team An urban search and rescue task force designated by the division shall assist in the at the discretion of the division in an emergency response to a structural collapse incident in a region of this state designated by the division involving search, rescue, and recovery in the technical rescue disciplines to include structural collapse, rope rescue, vehicle extrication, machinery extrication, confined space, trench, excavation, and water operations in an urban search and rescue environment. Whenever a regional structural collapse team an urban search and rescue task force assists in an emergency response under this subsection, it the division shall determine under the rules promulgated under sub. (5) whether an emergency requiring the team's urban search and rescue task force's response existed. If the regional structural collapse team division determines that such an emergency existed, it shall make a good faith effort to identify the person who is required to reimburse the division under sub. (3) and shall provide that information to the division. The division shall contract with local agencies, as defined in s. 323.70 (1) (b), to establish no more than 4 regional structural collapse teams an urban search and rescue task force. A member of a regional structural collapse team an urban search and rescue task force shall meet the highest training, competency, and job performance requirement standards for a structural collapse team search and rescue task force under the National Fire Protection Association standards NFPA 472, 1006, and 1670, and the urban search and rescue standard by the Emergency Management Accreditation program ANSI/EMAP US&R 2-2019.

AB68-SSA1,2808 Section 2808 . 323.72 (2) of the statutes is amended to read: