AB68,2734 Section 2734 . 302.115 of the statutes is created to read:

AB68,1427,25 302.115 Sanctions for violation of condition of probation, parole, or extended supervision. (1) In this section:

AB68,1428,2 (a) “Division” means the division of hearings and appeals in the department of administration.

AB68,1428,4 (b) “Reviewing authority” means the division or, if a hearing is waived under sub. (5), the department.

AB68,1428,8 (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.

AB68,1428,10 (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.

AB68,1428,11 (4) The reviewing authority may impose one of the following sanctions:

AB68,1428,13 (a) Except as provided under par. (b), imprisonment for a period not to exceed 30 days.

AB68,1428,15 (b) Imprisonment for a period not to exceed 90 days if any of the following applies:

AB68,1428,17 1. The person has committed 3 or more independent violations during his or her term of probation, parole, or extended supervision.

AB68,1428,19 2. The condition that the person violated was a condition that the person not contact any specified individual.

AB68,1428,20 3. The person was required to register as a sex offender under s. 301.45.

AB68,1428,22 4. When the person violated the condition of probation, parole, or extended supervision, the person also allegedly committed a crime.

AB68,1428,24 5. The person failed to report or make himself or herself available for supervision for a period of more than 60 consecutive days.

AB68,1429,4 (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).

AB68,1429,7 (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).

AB68,1429,9 (7) Notwithstanding s. 302.43, a person is not eligible to earn good time credit on any period of confinement under this section.

AB68,2735 Section 2735 . 302.31 (7) of the statutes is amended to read:

AB68,1429,16 302.31 (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).

AB68,2736 Section 2736 . 302.31 (7) of the statutes, as affected by 2021 Wisconsin Act .... (this act), is amended to read:

AB68,1429,23 302.31 (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).

AB68,2737 Section 2737 . 302.33 (1) of the statutes is amended to read:

AB68,1430,8 302.33 (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.

AB68,2738 Section 2738. 302.335 (2j) of the statutes is amended to read:

AB68,1430,17 302.335 (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.

AB68,2739 Section 2739. 302.386 (5) (c) of the statutes is repealed.

AB68,2740 Section 2740. 302.386 (5) (d) of the statutes is amended to read:

AB68,1430,22 302.386 (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).