AB68,1426,8
6(am) 3. The order returning a person to prison under
this paragraph subd. 2. 7shall provide the person whose extended supervision was revoked with credit in
8accordance with ss. 304.072 and 973.155.
AB68,2729
9Section 2729
. 302.113 (9) (am) 1. a. to e. of the statutes are created to read:
AB68,1426,1110
302.113
(9) (am) 1. a. The person committed 3 or more independent violations
11during his or her term of extended supervision.
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b. The condition that the person violated was a condition that the person not
13contact 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 extended supervision, the person
16also allegedly committed a crime.
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e. The person failed to report or make himself or herself available for
18supervision for a period of more than 60 consecutive days.
AB68,2730
19Section
2730. 302.113 (9) (b) of the statutes is amended to read:
AB68,1427,220
302.113
(9) (b) A person who is returned to prison after revocation of extended
21supervision shall be incarcerated for the entire period
of time specified by the order
22under par. (am)
2. The period
of time specified under par. (am)
2. may be extended
23in accordance with sub. (3). If a person is returned to prison under par. (am)
2. for
24a period
of time that is less than the time remaining on the bifurcated sentence, the
25person shall be released to extended supervision after he or she has served the period
1of time specified by the order under par. (am)
2. and any periods of extension imposed
2in accordance with sub. (3).
AB68,2731
3Section
2731. 302.113 (9) (c) of the statutes is amended to read:
AB68,1427,124
302.113
(9) (c) A person who is subsequently released to extended supervision
5after service of the period
of time specified by the order under par. (am)
2. is subject
6to all conditions and rules under sub. (7) and, if applicable, sub. (7m) until the
7expiration of the
time remaining
extended supervision portion of on the bifurcated
8sentence.
The remaining extended supervision portion of the bifurcated sentence is
9the total length of the bifurcated sentence, less the time served by the person in
10confinement under the bifurcated sentence before release to extended supervision
11under sub. (2) and less all time served in confinement for previous revocations of
12extended supervision under the bifurcated sentence.
AB68,2732
13Section
2732. 302.114 (1) of the statutes is amended to read:
AB68,1427,1914
302.114
(1) An inmate is subject to this section if he or she is serving a life
15sentence imposed under s. 973.014 (1g) (a) 1. or 2. An inmate serving a life sentence
16under s. 939.62 (2m) or 973.014 (1g) (a) 3. is not eligible for release to extended
17supervision under this section.
This section does not apply to a youthful offender, as
18defined in s. 973.014 (3) (a), who was sentenced under s. 973.014 (1g) before the
19effective date of this subsection .... [LRB inserts date].
AB68,2733
20Section 2733
. 302.114 (9) (ag) of the statutes is amended to read:
AB68,1427,2221
302.114
(9) (ag) In this subsection “reviewing authority" has the meaning given
22in s. 302.113 (9) (ag)
3.
AB68,2734
23Section 2734
. 302.115 of the statutes is created to read:
AB68,1427,25
24302.115 Sanctions for violation of condition of probation, parole, or
25extended supervision. (1) In this section:
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1(a) “Division” means the division of hearings and appeals in the department of
2administration.
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(b) “Reviewing authority” means the division or, if a hearing is waived under
4sub. (5), the department.
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5(2) Notwithstanding ss. 302.11 (7), 302.113 (9), and 973.10 (2), if a person on
6probation or parole or a person on extended supervision under s. 302.113 violates a
7condition or rule of that probation, parole, or extended supervision, the department
8may initiate a proceeding before the division to sanction the person for the violation.
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9(3) The division shall hold a hearing no later than 21 days after the department
10initiates the proceeding to determine the appropriate sanction for the violation.
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11(4) The reviewing authority may impose one of the following sanctions:
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(a) Except as provided under par. (b), imprisonment for a period not to exceed
1330 days.
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(b) Imprisonment for a period not to exceed 90 days if any of the following
15applies:
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1. The person has committed 3 or more independent violations during his or
17her term of probation, parole, or extended supervision.
AB68,1428,1918
2. The condition that the person violated was a condition that the person not
19contact any specified individual.
AB68,1428,2020
3. The person was required to register as a sex offender under s. 301.45.
AB68,1428,2221
4. When the person violated the condition of probation, parole, or extended
22supervision, the person also allegedly committed a crime.
AB68,1428,2423
5. The person failed to report or make himself or herself available for
24supervision for a period of more than 60 consecutive days.