Wisconsin Legislative Council AMENDMENT MEMO One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc Memo published: September 20, 2023 Contact: Katie Bender-Olson, Principal Attorney 2023 Assembly Bill 237 Assembly Amendment 1 2023 ASSEMBLY BILL 237 Assembly Bill 237 makes changes to victim notification and the process for certain discretionary release from prison. Currently, certain individuals in prison are eligible for release on parole, for release to extended supervision because of advanced age or an extraordinary health condition, or for release to extended supervision after serving at least 20 years of a life sentence. The bill requires that individuals petitioning for these types of discretionary release must submit to a psychological evaluation. Additionally, the bill guarantees a victim the ability to make an oral statement and to use visual aids at a court hearing or Parole Commission interview or hearing on such a petition. Assembly Bill 237 also requires the Department of Corrections (DOC) to provide earlier notice to victims when an individual who committed certain crimes will be released on parole or extended supervision. Under current law, DOC must send a notice to the last-known address of a victim who requests notice at least seven days before a qualifying individual is released. 1 The bill extends the notification requirement so that DOC must send notification at least 30 days before release, rather than seven days. Finally, the bill provides that law enforcement may share information regarding individuals released on parole or extended supervision with the public. Current law requires DOC to notify the municipal police department and county sheriff (“law enforcement”) for the area where the individual will be residing, unless law enforcement waives the right to be notified. Assembly Bill 237 provides that law enforcement receiving notice may disseminate the information to the general public, if that information is necessary to protect the public. ASSEMBLY AMENDMENT 1 Assembly Amendment 1 eliminates the requirement for a psychological evaluation for individuals applying for discretionary release. The amendment also clarifies that a victim may provide either an oral or written statement at a court hearing or Parole Commission hearing, and that the victim may provide a statement to the Parole Commission at the hearing or any time before. 1 The victim notification requirement applies to release of prisoners convicted of any of the following offenses: ss. 940.01, First Degree Intentional Homicide; 940.03, Felony Murder; 940.05, Second Degree Intentional Homicide; 940.225 (1) or (2), First- or Second-Degree Sexual Assault; 948.02 (1) or (2), First- or Second-Degree Sexual Assault of a Child; 948.025, Repeated Sexual Assault of the Same Child; 948.06, Incest With a Child; 948.07, Child Enticement; or 948.085, Sexual Assault of a Child Placed in Substitute Care. [s. 304.063 (2) (intro.), Stats.] - 2 - BILL HISTORY Assembly Amendment 1 was introduced by Representative Maxey on August 8, 2023. On September 19, 2023, the Assembly Committee on Corrections adopted the amendment on a vote of Ayes, 13; Noes, 0, and passed the bill, as amended, on a vote of Ayes, 10; Noes, 3. For a full history of the bill, visit the Legislature’s bill history page. KBO:ksm