Amendment SA9-SSA2-SB45

SB45-SSA2-SA9,6,22 (a) “Office” means the office of the ombudsperson for corrections.

SB45-SSA2-SA9,6,23 (b) “Ombudsperson” means the ombudsperson of the office.

SB45-SSA2-SA9,7,5 (2) Staff. The ombudsperson may appoint, in the classified service, one deputy ombudsperson of the office, and employees for the office to complete the ombudsperson’s duties described under this section. The ombudsperson may delegate to the deputy ombudsperson or other employees of the office any of the ombudsperson’s authority or duties except those described under subs. (5) (b) and (7) (b).

SB45-SSA2-SA9,7,6 (3) Powers. The ombudsperson may do all of the following:

SB45-SSA2-SA9,7,8 (a) Investigate, upon a complaint or upon personal initiative, any matter described under sub. (4).

SB45-SSA2-SA9,7,9 (b) Determine the scope and manner of investigations to be made.

SB45-SSA2-SA9,7,11 (c) Enter and inspect, at any time, premises within the control of the department.

SB45-SSA2-SA9,7,16 (d) Examine records and documents in the possession of the department, including corrections and detention data and medical data maintained by the department and classified as private or confidential data on individuals when access to the data is necessary for the ombudsperson to perform the powers authorized under this subsection.

SB45-SSA2-SA9,7,18 (e) Subpoena witnesses and the production of books, papers, records, and documents material to an investigation conducted by the office.

SB45-SSA2-SA9,7,20 (f) Attend any proceedings and deliberations relating to the granting or revocation of parole, extended supervision, or probation.

SB45-SSA2-SA9,7,21 (4) Investigations. The ombudsperson may investigate any of the following:

SB45-SSA2-SA9,7,23 (a) Complaints regarding state correctional institutions and abuse, unfair acts, and violations of rights of prisoners and juveniles.

SB45-SSA2-SA9,7,24 (b) The policies or practices of the department.

SB45-SSA2-SA9,8,1 (c) Any action by the department that may be contrary to law or rule.

SB45-SSA2-SA9,8,4 (d) Any other action by the department that has been alleged to be unreasonable, unfair, oppressive, or inconsistent with any policy or judgment of the department.

SB45-SSA2-SA9,8,6 (e) Procedures and practices that may lessen the risk that objectionable actions by the department may occur in the future.

SB45-SSA2-SA9,8,13 (5) Complaints. (a) The ombudsperson shall create a complaint form and provide sufficient blank copies of the form and self-sealing envelopes to state correctional institutions for distribution to prisoners and juveniles. Blank copies of the form and self-sealing envelopes shall be placed in locations where prisoners and juveniles regularly visit, such as a common area or library, and shall be provided upon request to a prisoner or juvenile. The department shall also make the form available on its website.

SB45-SSA2-SA9,8,17 (b) An operator of a state correctional institution shall immediately forward a complaint form described under par. (a) that has been completed by a prisoner or juvenile to the office. No individual other than an authorized employee of the office may open an envelope that contains a complaint form.

SB45-SSA2-SA9,8,21 (c) The ombudsperson shall review each complaint form received under par. (b) and determine whether to make a recommendation regarding the complaint directly to the state correctional institution where the prisoner or juvenile is housed, the governor, the legislature, or other party, or make no recommendation.

SB45-SSA2-SA9,9,7 (d) No operator of a state correctional institution may open and preview or screen mail addressed from the office to a prisoner or juvenile residing at the state correctional institution unless the operator has reason to believe that the mail contains contraband or is not a document from the office. If the operator has reason to believe that the mail contains contraband or is not a document from the office, the operator may open and inspect the mail in the presence of the prisoner or juvenile to whom it was addressed, but may inspect the document only to the extent necessary to determine whether it contains contraband or is not a document from the office. The operator may read the mail only if, after inspection, the operator has reason to believe it not a document from the office.

SB45-SSA2-SA9,9,13 (6) Disclosures. Information in the possession of the office that relates to a client, complaint, or investigation of the office may be disclosed only at the discretion of the ombudsperson or his or her designated representative. A disclosure of information under this subsection relating to a client, named witness, or a prisoner or juvenile who is not a client may be made only if one of the following applies:

SB45-SSA2-SA9,9,15 (a) The disclosure is authorized in writing by the client, named witness, prisoner, or juvenile or his or her legal guardian, if applicable.

SB45-SSA2-SA9,9,17 (b) The disclosure is made pursuant to a lawful order of a court of competent jurisdiction.

SB45-SSA2-SA9,9,24 (7) Reports. (a) If the ombudsperson determines to make a recommendation under sub. (5) (c) directly to the state correctional institution where the prisoner or juvenile is housed, the warden or superintendent of the state correctional institution shall respond within 30 days. The warden or superintendent shall include in the response what actions the warden or superintendent is taking as a result of the recommendations of the ombudsperson and why the warden or superintendent is taking those actions or not taking actions.

SB45-SSA2-SA9,10,3 (b) If the ombudsperson has reason to believe that any public official or employee has acted in a manner warranting criminal or disciplinary proceedings, the ombudsperson may refer the matter to the appropriate authorities.

SB45-SSA2-SA9,10,5 (c) The ombudsperson shall, at the request of the governor at any time, report to the governor on any matter over which the ombudsperson has authority.

SB45-SSA2-SA9,10,11 (d) On or before December 31 of each year, the ombudsperson shall submit to the governor, the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2), and the secretary of corrections a report of the ombudsperson’s findings and recommendations for improvements to policies and practices at state correctional institutions and the results of the ombudsperson’s investigations conducted under sub. (4).

SB45-SSA2-SA9,18 Section 18. 302.05 (title) of the statutes is amended to read:

SB45-SSA2-SA9,10,13 302.05 (title) Wisconsin substance abuse earned release program.

SB45-SSA2-SA9,19 Section 19. 302.05 (1) (am) (intro.) of the statutes is amended to read:

SB45-SSA2-SA9,10,22 302.05 (1) (am) (intro.) The department of corrections and the department of health services may designate a section of a mental health institute as a correctional treatment facility for the treatment of substance abuse use disorder of inmates transferred from Wisconsin state prisons. This section shall be administered by the department of corrections and shall be known as the Wisconsin substance abuse program. The department of corrections and the department of health services shall ensure that the residents at the institution and the residents in the substance abuse use disorder program:

SB45-SSA2-SA9,20 Section 20. 302.05 (1) (b) of the statutes is amended to read:

SB45-SSA2-SA9,11,3 302.05 (1) (b) The department of corrections and the department of health services shall, at any correctional facility the departments determine is appropriate, provide a substance abuse use disorder treatment program for inmates for the purposes of the program described in sub. (3).

SB45-SSA2-SA9,21 Section 21. 302.05 (1) (c) of the statutes is created to read:

SB45-SSA2-SA9,11,7 302.05 (1) (c) 1. In this paragraph, “vocational readiness training program” means an educational, vocational, treatment, or other evidence-based training program to reduce recidivism.

SB45-SSA2-SA9,11,10 2. The department shall, at any correctional facility the department determines is appropriate, provide vocational readiness training programs for the purposes of the program described in sub. (3).

SB45-SSA2-SA9,22 Section 22. 302.05 (2) of the statutes is amended to read:

SB45-SSA2-SA9,11,13 302.05 (2) Transfer to a correctional treatment facility for the treatment of a substance abuse use disorder shall be considered a transfer under s. 302.18.

SB45-SSA2-SA9,23 Section 23. 302.05 (3) (a) 2. of the statutes is amended to read:

SB45-SSA2-SA9,11,20 302.05 (3) (a) 2. If the inmate is serving a bifurcated sentence imposed under s. 973.01, the sentencing court decided under par. (e) or s. 973.01 (3g) The department determines that the inmate is eligible to participate in the earned release program described in this subsection. In making its determination, the department shall consider a decision of the sentencing court under s. 302.05 (3) (e), 2023 stats., or s. 973.01 (3g), 2023 stats.

SB45-SSA2-SA9,24 Section 24. 302.05 (3) (b) of the statutes is amended to read:

SB45-SSA2-SA9,12,8 302.05 (3) (b) Except as provided in par. (d), if the department determines that an eligible inmate serving a sentence other than one imposed under s. 973.01 has successfully completed a substance use disorder treatment program described in sub. (1) (b), a vocational readiness training program described in sub. (1) (c), or the mother-young child care program under s. 301.049, the parole commission shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served. If the parole commission grants parole under this paragraph for the completion of a substance use disorder treatment program, it shall require the parolee to participate in an intensive supervision program for drug abusers as a condition of parole.

SB45-SSA2-SA9,25 Section 25. 302.05 (3) (c) 1. of the statutes is amended to read:

SB45-SSA2-SA9,12,16 302.05 (3) (c) 1. Except as provided in par. (d), if the department determines that an eligible inmate serving the term of confinement in prison portion of a bifurcated sentence imposed under s. 973.01 has successfully completed a substance use disorder treatment program described in sub. (1) (b), a vocational readiness training program described in sub. (1) (c), or the mother-young child care program under s. 301.049, the department shall inform the court that sentenced the inmate.

SB45-SSA2-SA9,26 Section 26. 302.05 (3) (c) 2. (intro.) of the statutes is amended to read:

SB45-SSA2-SA9,12,23 302.05 (3) (c) 2. (intro.) Upon being informed by the department under subd. 1. that an inmate whom the court sentenced under s. 973.01 has successfully completed a substance use disorder treatment program described in sub. (1) (b), a vocational readiness training program described in sub. (1) (c), or the mother-young child care program under s. 301.049, the court shall modify the inmate’s bifurcated sentence as follows:

SB45-SSA2-SA9,27 Section 27. 302.05 (3) (d) of the statutes is amended to read:

SB45-SSA2-SA9,13,4 302.05 (3) (d) The department may place intensive sanctions program participants in a treatment program described in sub. (1) (b), but pars. (b) and (c) do not apply to those participants.

SB45-SSA2-SA9,28 Section 28. 302.05 (3) (e) of the statutes is repealed.

SB45-SSA2-SA9,29 Section 29. 302.11 (7) (am) of the statutes is amended to read:

SB45-SSA2-SA9,13,12 302.11 (7) (am) The reviewing authority may 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 of the sentence is the entire sentence, less time served in custody prior to parole and less any earned compliance credit under s. 973.156. The revocation order shall provide the parolee with credit in accordance with ss. 304.072 and 973.155.

SB45-SSA2-SA9,30 Section 30. 302.113 (9) (ag) of the statutes is renumbered 302.113 (9) (ag) (intro.) and amended to read:

SB45-SSA2-SA9,13,15 302.113 (9) (ag) (intro.) In this subsection “reviewing:

SB45-SSA2-SA9,13,18 1. “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.

SB45-SSA2-SA9,31 Section 31. 302.113 (9) (am) of the statutes is renumbered 302.113 (9) (am) 1. and amended to read:

SB45-SSA2-SA9,14,3 302.113 (9) (am) 1. If a person released to extended supervision under this section violates a condition of extended supervision, the reviewing authority may revoke the extended supervision of the person. If the extended supervision of the person is revoked, 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

SB45-SSA2-SA9,14,8 (ag) 2. “Time remaining on the bifurcated sentence is” means 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.

SB45-SSA2-SA9,14,11 (am) 2. The order returning a person to prison under this paragraph shall provide the person whose extended supervision was revoked with credit in accordance with ss. 304.072 and 973.155.

SB45-SSA2-SA9,32 Section 32. 302.113 (9) (b) of the statutes is amended to read:

SB45-SSA2-SA9,14,20 302.113 (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) 1. The period of time specified under par. (am) 1. may be extended in accordance with sub. (3). If a person is returned to prison under par. (am) 1. 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) 1. and any periods of extension imposed in accordance with sub. (3).

SB45-SSA2-SA9,33 Section 33. 302.113 (9) (c) of the statutes is amended to read:

SB45-SSA2-SA9,15,7 302.113 (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) 1. 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.

SB45-SSA2-SA9,34 Section 34. 302.114 (9) (ag) of the statutes is amended to read:

SB45-SSA2-SA9,15,10 302.114 (9) (ag) In this subsection “reviewing authority” has the meaning given in s. 302.113 (9) (ag) 1.

SB45-SSA2-SA9,35 Section 35. 302.27 (1) of the statutes is amended to read:

SB45-SSA2-SA9,15,18 302.27 (1) The department may contract with a local unit of government, as defined in s. 16.957 (1) (k), for temporary housing or detention in county jails, county houses of correction, or tribal jails for persons placed on probation or sentenced to imprisonment in state prisons or to the intensive sanctions program. The rate under any such contract may not exceed $60 $80 per person per day. Nothing in this subsection limits the authority of the department to place persons in jails under s. 301.048 (3) (a) 1.

SB45-SSA2-SA9,36 Section 36. 304.072 (4) of the statutes is amended to read:

SB45-SSA2-SA9,15,24 304.072 (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.

SB45-SSA2-SA9,37 Section 37. 938.357 (3) (d) of the statutes is amended to read:

SB45-SSA2-SA9,16,11 938.357 (3) (d) A juvenile who is placed in a Type 1 juvenile correctional facility under par. (b) or (c) is the financial responsibility of the county department of the county where the juvenile was adjudicated delinquent. The county department shall reimburse the department of corrections at the rate specified under s. 301.26 (4) (d) 2. or 3., whichever is applicable, for the cost of a juvenile’s care while placed in a Type 1 juvenile correctional facility other than the Mendota juvenile treatment center. The county department shall reimburse the department of health services at a rate specified by that department for the cost of a juvenile’s care while placed at the Mendota juvenile treatment center and these payments shall be deposited in the appropriation account under s. 20.435 (2) (gk).

SB45-SSA2-SA9,38 Section 38. 973.01 (3g) of the statutes is repealed.

SB45-SSA2-SA9,39 Section 39. 973.01 (8) (ag) of the statutes is repealed.

SB45-SSA2-SA9,40 Section 40. 973.15 (5) of the statutes is amended to read:

SB45-SSA2-SA9,16,18 973.15 (5) A convicted offender who is made available to another jurisdiction under ch. 976 or in any other lawful manner shall be credited with service of his or her Wisconsin sentence or commitment under the terms of s. ss. 973.155 and 973.156 for the duration of custody in the other jurisdiction.

SB45-SSA2-SA9,41 Section 41. 973.156 of the statutes is created to read:

SB45-SSA2-SA9,16,23 973.156 Earned compliance credit. (1) In this section, “qualifying offense” means a crime other than a violation of ch. 940 or s. 948.02, 948.025, 948.03, 948.05, 948.051, 948.055, 948.06, 948.07, 948.075, 948.08, 948.085, or 948.095.

SB45-SSA2-SA9,17,4 (2) Upon the revocation of extended supervision under s. 302.113 (9) or parole under s. 302.11 (7), a person shall be given earned compliance credit toward the service of his or her sentence for a qualifying offense for each day that the person spent on extended supervision or parole without violating a condition or rule of extended supervision or parole prior to the violation that resulted in the revocation.

SB45-SSA2-SA9,17,6 (3) Subsection (2) does not apply to a person who is required to register under s. 301.45.

SB45-SSA2-SA9,17,9 (4) If a person is serving more than one sentence, earned compliance credit under sub. (2) is earned only for the time spent on extended supervision or parole for qualifying offenses.

SB45-SSA2-SA9,17,12 (5) The amount of the earned compliance credit under sub. (2) shall be calculated and applied by the appropriate reviewing authority under s. 302.11 (7) (am) or 302.113 (9) (am) 1.

SB45-SSA2-SA9,9101 Section 9101. Nonstatutory provisions; Administration.

SB45-SSA2-SA9,17,22 (1) Department of corrections Green Bay Correctional Institution classified employees. The director of the bureau of merit recruitment and selection in the division of personnel management in the department of administration is authorized to waive competitive hiring procedures required under ch. 230 for an employee in the classified service at the Green Bay Correctional Institution during the period in which the facility is decommissioned so that the employee may be hired into a different position within the department of corrections if the individual is qualified to perform the duties of the position and the position meets either of the following requirements:

SB45-SSA2-SA9,18,2 (a) The position is assigned to a class having the same pay range as the position in which the individual was employed at the Green Bay Correctional Institution.

SB45-SSA2-SA9,18,5 (b) The position is assigned to a class having a lower pay range than the position in which the individual was employed at the Green Bay Correctional Institution.

SB45-SSA2-SA9,9106 Section 9106. Nonstatutory provisions; Children and Families.

SB45-SSA2-SA9,18,7 (1) Juvenile justice reform review committee.

SB45-SSA2-SA9,18,9 (a) There is created in the department of children and families a juvenile justice reform review committee with members appointed by the governor.

SB45-SSA2-SA9,18,12 (b) The juvenile justice reform review committee shall study and, prior to September 15, 2026, provide recommendations to the department of children and families and the department of corrections on how to do all of the following:

SB45-SSA2-SA9,18,13 1. Increase the minimum age of delinquency.