AB68-ASA2-AA7,46,118
973.01
(5m) Early discharge from extended supervision. (a) In this
9subsection, “qualifying offense” means a crime other than a violation of ch. 940 or s.
10948.02, 948.025, 948.03, 948.05, 948.051, 948.055, 948.06, 948.07, 948.075, 948.08,
11948.085, or 948.095.
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(b) The court may modify the person's sentence by reducing the term of
13extended supervision and may order early discharge of the person from the sentence
14if all of the following apply:
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1. The department petitions the court to discharge the person from extended
16supervision for a qualifying offense.
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2. The person has completed 3 years or 50 percent of his or her term of extended
18supervision for the qualifying offense, whichever is less.
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3. The person has satisfied all conditions of extended supervision that were set
20by the sentencing court for the qualifying offense.
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4. The person has satisfied all rules and conditions of supervision that were set
22by the department for the qualifying offense.
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5. The person has fulfilled all financial obligations to his or her victims.
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6. The person is not required to register under s. 301.45.
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1(c) If a person is serving more than one sentence, early discharge under par. (b)
2applies only to the terms of extended supervision imposed for qualifying offenses.
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(d) 1. In this paragraph, “victim" has the meaning given in s. 950.02 (4).
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2. When a court receives a petition under par. (b) 1., the clerk of the circuit court
5shall send a notice of hearing to the victim of the crime committed by the person
6serving the term of extended supervision, if the victim has submitted a card under
7subd. 3. requesting notification. The notice shall inform the victim that he or she may
8appear at any hearing scheduled under par. (b) and shall inform the victim of the
9manner in which he or she may provide a statement concerning the early discharge
10from extended supervision. The clerk of the circuit court shall make a reasonable
11attempt to send the notice of hearing to the last-known address of the victim,
12postmarked at least 10 days before the date of the hearing.
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3. The director of state courts shall design and prepare cards for a victim to send
14to the clerk of the circuit court for the county in which the person serving the term
15of extended supervision was convicted and sentenced. The cards shall have space for
16a victim to provide his or her name and address, the name of the applicable person
17serving a term of extended supervision, and any other information that the director
18of state courts determines is necessary. The director of state courts shall provide the
19cards, without charge, to clerks of circuit court. Clerks of circuit court shall provide
20the cards, without charge, to victims. Victims may send completed cards to the clerk
21of the circuit court for the county in which the person serving a term of extended
22supervision was convicted and sentenced. All court records or portions of records
23that relate to mailing addresses of victims are not subject to inspection or copying
24under s. 19.35 (1).
AB68-ASA2-AA7,48,2
1973.01
(8) (a) 6. The conditions under which the court may reduce the term of
2the person's extended supervision under sub. (5m).
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973.01
(8) (ag)
If the The court
provides under sub. (3g) that shall inform the
5person
is eligible to participate in of the availability of the earned release program
6under s. 302.05 (3)
, the court shall also inform the person of the provisions of s. 302.05
7(3) (c).
AB68-ASA2-AA7,417i
8Section 417i. 973.10 (2) (intro.) of the statutes is renumbered 973.10 (2) (am)
9and amended to read:
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973.10
(2) (am) If a probationer violates the conditions of probation, the
11department
of corrections may initiate a proceeding before the division of hearings
12and appeals in the department of administration. Unless waived by the probationer,
13a hearing examiner for the division shall conduct an administrative hearing and
14enter an order either revoking or not revoking probation. Upon request of either
15party, the administrator of the division shall review the order. If the probationer
16waives the final administrative hearing, the secretary of corrections shall enter an
17order either revoking or not revoking probation.
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18(bm) 2. If probation is revoked, the department shall
do one of the following:
AB68-ASA2-AA7,417j
19Section 417j. 973.10 (2) (a) and (b) of the statutes are renumbered 973.10 (2)
20(bm) 2. a. and b.
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973.10
(2) (bm) 1. Probation may not be revoked unless one of the following
23applies:
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a. The person committed 3 or more independent violations while on probation.
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1b. The condition that the person violated was a condition that the person not
2contact any specified individual.
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c. The person was required to register as a sex offender under s. 301.45.
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d. When the person violated the condition of probation, the person also
5allegedly committed a crime.
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e. The person failed to report or make himself or herself available for
7supervision for a period of more than 60 consecutive days.