Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB237 Compare Versions

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Version 2 (New)

Old	New		Differences
1		-	Date of enactment: March 27, 2024
2		-	2023 Assembly Bill 237 Date of publication*: March 28, 2024
3		-	2023 WISCONSIN ACT 230
4		-	AN ACT to amend 302.11 (5), 302.113 (6), 302.113 (9g) (d), 302.113 (9g) (g) 2., 302.114 (5) (c), 302.114 (7), 304.06
5		-	(1) (d) 3. and (e), 304.06 (1) (eg), 304.06 (1) (g) and 304.063 (3) of the statutes; relating to: requirements for releasing
6		-	a prisoner to parole or extended supervision.
7		-	The people of the state of Wisconsin, represented in
8		-	senate and assembly, do enact as follows:
9		-	SECTION 1. 302.11 (5) of the statutes is amended to
10		-	read:
11		-	302.11 (5) Before a person is released on parole under
12		-	this section, the department shall so notify the municipal
13		-	police department and the county sheriff for the area where
14		-	the person will be residing. The notification requirement
15		-	does not apply if a municipal department or county sheriff
16		-	submits to the department a written statement waiving the
17		-	right to be notified. If applicable, the department shall also
18		-	comply with s. 304.063. A municipal police department
19		-	or county sheriff that receives notice under this subsection
20		-	regarding a person who was convicted of a serious violent
21		-	crime, as defined in s. 939.619 (1), may disseminate the
22		-	information in the notice about that person to members of
23		-	the general public if, in the opinion of the police chief or
24		-	sheriff, providing that information is necessary to protect
25		-	the public.
26		-	SECTION 2. 302.113 (6) of the statutes is amended to
27		-	read:
28		-	302.113 (6) Before a person is released to extended
29		-	supervision under this section, the department shall notify
30		-	the municipal police department and the county sheriff for
31		-	the area where the person will be residing. The notifica-
32		-	tion requirement does not apply if a municipal department
33		-	or county sheriff submits to the department a written state-
34		-	ment waiving the right to be notified. If applicable, the
35		-	department shall also comply with s. 304.063. A munici-
36		-	pal police department or county sheriff that receives notice
37		-	under this subsection regarding a person who was con-
38		-	victed of a serious violent crime, as defined in s. 939.619
39		-	(1), may disseminate the information in the notice about
40		-	that person to members of the general public if, in the opin-
41		-	ion of the police chief or sheriff, providing that informa-
42		-	tion is necessary to protect the public.
43		-	SECTION 5. 302.113 (9g) (d) of the statutes is amended
44		-	to read:
45		-	302.113 (9g) (d) When a court is notified by the
46		-	department that it is referring to the court an inmate’s peti-
47		-	tion for modification of the inmate’s bifurcated sentence,
48		-	the court shall schedule a hearing to determine whether the
49		-	public interest would be served by a modification of the
50		-	inmate’s bifurcated sentence in the manner specified in
51		-	par. (f). The inmate and the district attorney have the right
52		-	to be present at the hearing, and any victim of the inmate’s
53		-	crime has the right to be present at the hearing and to pro-
54		-	vide a an oral or written statement concerning the modifi-
55		-	cation of the inmate’s bifurcated sentence. The court shall
56		-	allow any victim making a statement under this paragraph
57		-	to use visual aids. The court shall order such notice of the
58		-	hearing date as it considers adequate to be given to the
59		-	* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
60		-	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 230 2023 Assembly Bill 237
61		-	department, the inmate, the attorney representing the
62		-	inmate, if applicable, and the district attorney. Victim noti-
63		-	fication shall be provided as specified under par. (g).
64		-	SECTION 6. 302.113 (9g) (g) 2. of the statutes is
65		-	amended to read:
66		-	302.113 (9g) (g) 2. When a court schedules a hearing
67		-	under par. (d), the clerk of the circuit court shall send a
68		-	notice of hearing to the victim of the crime committed by
69		-	the inmate, if the victim has submitted a card under subd.
70		-	3. requesting notification. The notice shall inform the vic-
71		-	tim that he or she may appear at the hearing scheduled
72		-	under par. (d) and shall inform the victim of the manner in
73		-	which he or she may provide a an oral or written statement
74		-	concerning the modification of the inmate’s bifurcated
75		-	sentence in the manner provided in par. (f). The court shall
76		-	allow any victim making a statement under this subdivi-
77		-	sion to use visual aids. The clerk of the circuit court shall
78		-	make a reasonable attempt to send the notice of hearing to
79		-	the last−known address of the inmate’s victim, postmarked
80		-	at least 10 days before the date of the hearing.
81		-	SECTION 8. 302.114 (5) (c) of the statutes is amended
82		-	to read:
83		-	302.114 (5) (c) Before deciding whether to grant or
84		-	deny the inmate’s petition, the court shall allow a victim,
85		-	as defined in s. 950.02 (4), to make a an oral statement
86		-	or submit a written statement concerning the release of the
87		-	inmate to extended supervision. The court may allow any
88		-	other person to make or submit a statement under this
89		-	paragraph. Any statement under this paragraph must be
90		-	relevant to the release of the inmate to extended supervi-
91		-	sion and may include the use of visual aids.
92		-	SECTION 9. 302.114 (7) of the statutes is amended to
93		-	read:
94		-	302.114 (7) Before a person is released to extended
95		-	supervision under this section, the department shall notify
96		-	the municipal police department and the county sheriff for
97		-	the area where the person will be residing. The notifica-
98		-	tion requirement does not apply if a municipal department
99		-	or county sheriff submits to the department a written state-
100		-	ment waiving the right to be notified. If applicable, the
101		-	department shall also comply with s. 304.063. A munici-
102		-	pal police department or county sheriff that receives notice
103		-	under this subsection regarding a person who was con-
104		-	victed of a serious violent crime, as defined in s. 939.619
105		-	(1), may disseminate the information in the notice about
106		-	that person to members of the general public if, in the opin-
107		-	ion of the police chief or sheriff, providing that informa-
108		-	tion is necessary to protect the public.
109		-	SECTION 9r. 304.06 (1) (d) 3. and (e) of the statutes are
110		-	amended to read:
111		-	304.06 (1) (d) 3. The notice shall state the name of the
112		-	inmate, the date, and term of the sentence and the date
113		-	when the written statement, if written by an office under
114		-	par. (c) 1. or 2., must be received in order to be considered.
115		-	If the notice is to an office under par. (c) 1. or 2., the notice
116		-	shall also state the crime of which the inmate was con-
117		-	victed.
118		-	(e) The parole commission shall permit any office or
119		-	person under par. (c) 1. to 3. to provide written statements.
120		-	The parole commission shall give consideration to any
121		-	written statements provided by any such an office or per-
122		-	son and under par. (c) 1. or 2. that are received on or before
123		-	the date specified in the notice and to all written statements
124		-	provided by a person under par. (c) 3. whether received
125		-	before or at the interview or hearing. This paragraph does
126		-	not limit the authority of the parole commission to con-
127		-	sider other statements or information that it receives in a
128		-	timely fashion.
129		-	SECTION 10. 304.06 (1) (eg) of the statutes, as affected
130		-	by 2023 Wisconsin Act 31, is amended to read:
131		-	304.06 (1) (eg) The parole commission shall permit
132		-	any person under par. (c) 3. to make a an oral or written
133		-	statement at any interview or hearing on the application for
134		-	parole of an applicable inmate. The parole commission
135		-	shall permit a person who is making a statement under this
136		-	paragraph to use visual aids.
137		-	SECTION 11. 304.06 (1) (g) of the statutes is amended
138		-	to read:
139		-	304.06 (1) (g) Before a person is released on parole
140		-	under this subsection, the parole commission shall so
141		-	notify the municipal police department and the county
142		-	sheriff for the area where the person will be residing. The
143		-	notification requirement under this paragraph does not
144		-	apply if a municipal department or county sheriff submits
145		-	to the parole commission a written statement waiving the
146		-	right to be notified. If applicable, the department shall also
147		-	comply with s. 304.063. A municipal police department
148		-	or county sheriff that receives notice under this paragraph
149		-	regarding a person who was convicted of a serious violent
150		-	crime, as defined in s. 939.619 (1), may disseminate the
151		-	information in the notice about that person to members of
152		-	the general public if, in the opinion of the police chief or
153		-	sheriff, providing that information is necessary to protect
154		-	the public.
155		-	SECTION 13. 304.063 (3) of the statutes is amended to
156		-	read:
157		-	304.063 (3) The department shall make a reasonable
158		-	attempt to send the notice, postmarked at least 7 30 days
159		-	before a prisoner is released on parole or extended supervi-
160		-	sion, to the last−known address of the persons under sub.
161		-	(2).
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	3	+	2023 - 2024 LEGISLATURE
	4	+	2023 ASSEMBLY BILL 237
	5	+	April 28, 2023 - Introduced by Representatives MAXEY, RETTINGER, ALLEN, BEHNKE,
	6	+	BINSFELD, BRANDTJEN, DONOVAN, GREEN, GUNDRUM, MURPHY, MURSAU,
	7	+	PENTERMAN, ROZAR, TITTL, WICHGERS, DUCHOW, MICHALSKI and NEDWESKI,
	8	+	cosponsored by Senators BRADLEY, WANGGAARD, BALLWEG, HUTTON, MARKLEIN,
	9	+	NASS and TESTIN. Referred to Committee on Corrections.
	10	+	*AUTHORS SUBJECT TO CHANGE*
	11	+	AN ACT to amend 302.11 (5), 302.113 (6), 302.113 (9g) (cm), 302.113 (9g) (d),
	12	+	302.113 (9g) (g) 2., 302.114 (5) (c), 302.114 (7), 304.06 (1) (eg), 304.06 (1) (g) and
	13	+	304.063 (3); and to create 302.113 (9g) (cd), 302.114 (5) (bm) and 304.06 (2d)
	14	+	of the statutes; relating to: requirements for releasing a prisoner to parole or
	15	+	extended supervision.
	16	+	Analysis by the Legislative Reference Bureau
	17	+	This bill 1) changes a victim's statutory right to participate in a hearing before
	18	+	a prisoner is released from prison on parole or extended supervision, 2) changes the
	19	+	victim's statutory right to notice when that prisoner is released, 3) requires a
	20	+	prisoner to submit to a psychological evaluation before release on parole or
	21	+	discretionary release on extended supervision, and 4) specifies that a police chief or
	22	+	sheriff may disseminate information to the general public regarding a person who
	23	+	is convicted of certain offenses who is released from prison and will be residing in the
	24	+	police chief's or sheriff's jurisdiction.
	25	+	Under current law, a prisoner is eligible for parole if he or she was sentenced
	26	+	for a crime committed before December 31, 1999, and if he or she 1) has served at
	27	+	least six months or 25 percent of his or her sentence, whichever is longer, or 2) for a
	28	+	life sentence, has served at least 20 years. Under bifurcated sentencing, if a person
	29	+	is given a sentence for a crime that was committed on or after December 31, 1999,
	30	+	release to extended supervision is generally not discretionary. However, for a life
	31	+	sentence with the possibility of release to extended supervision, the sentencing court
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	38	+	ASSEMBLY BILL 237
	39	+	must hold a hearing to determine whether to grant extended supervision on or after
	40	+	a predetermined eligibility date.
	41	+	Current law requires the parole commission or the sentencing court to allow a
	42	+	victim to make a statement at a hearing to determine eligibility for release to parole
	43	+	or discretionary release to extended supervision on a life sentence. The bill requires
	44	+	the parole commission or the sentencing court to allow a victim to make an oral
	45	+	statement and to make use of visual aids.
	46	+	Whenever a prisoner is released to parole or extended supervision, current law
	47	+	requires the Department of Corrections to make a reasonable attempt to notify any
	48	+	victims of the crime who request notice of the release. Under current law, DOC must
	49	+	send this notice at least seven days before a prisoner is released on parole or extended
	50	+	supervision. The bill requires this notice to be sent at least 30 days before a prisoner
	51	+	is released to parole or extended supervision.
	52	+	The bill also requires a prisoner to submit to a psychological evaluation and
	53	+	requires the person conducting the evaluation to send a report to the authority
	54	+	considering releasing the prisoner to parole or extended supervision. Under the bill,
	55	+	that reviewing authority is required to consider the report when determining
	56	+	whether to release the individual to parole or extended supervision.
	57	+	Current law requires DOC to send a notice to the municipal police department
	58	+	and the county sheriff for the area where a person who is released from prison will
	59	+	be residing. The bill specifies that a police chief or sheriff that receives notice that
	60	+	a prisoner will be residing in the police chief's or sheriff's jurisdiction after release
	61	+	to parole or extended supervision may release the information in the notice to
	62	+	members of the general public if, in the opinion of the police chief or sheriff, providing
	63	+	that information is necessary to protect the public.
	64	+	For further information see the state fiscal estimate, which will be printed as
	65	+	an appendix to this bill.
	66	+	The people of the state of Wisconsin, represented in senate and assembly, do
	67	+	enact as follows:
	68	+	SECTION 1. 302.11 (5) of the statutes is amended to read:
	69	+	302.11 (5) Before a person is released on parole under this section, the
	70	+	department shall so notify the municipal police department and the county sheriff
	71	+	for the area where the person will be residing. The notification requirement does not
	72	+	apply if a municipal department or county sheriff submits to the department a
	73	+	written statement waiving the right to be notified. If applicable, the department
	74	+	shall also comply with s. 304.063. A municipal police department or county sheriff
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	84	+	SECTION 1
	85	+	ASSEMBLY BILL 237
	86	+	that receives notice under this subsection may disseminate the information in the
	87	+	notice to members of the general public if, in the opinion of the police chief or sheriff,
	88	+	providing that information is necessary to protect the public.
	89	+	SECTION 2. 302.113 (6) of the statutes is amended to read:
	90	+	302.113 (6) Before a person is released to extended supervision under this
	91	+	section, the department shall notify the municipal police department and the county
	92	+	sheriff for the area where the person will be residing. The notification requirement
	93	+	does not apply if a municipal department or county sheriff submits to the department
	94	+	a written statement waiving the right to be notified. If applicable, the department
	95	+	shall also comply with s. 304.063. A municipal police department or county sheriff
	96	+	that receives notice under this subsection may disseminate the information in the
	97	+	notice to members of the general public if, in the opinion of the police chief or sheriff,
	98	+	providing that information is necessary to protect the public.
	99	+	SECTION 3. 302.113 (9g) (cd) of the statutes is created to read:
	100	+	302.113 (9g) (cd) An inmate who submits a petition under par. (c) shall submit
	101	+	to a psychological examination by a licensed physician, licensed psychologist, or
	102	+	other mental health professional. The licensed physician, licensed psychologist, or
	103	+	other mental health professional shall provide a report on the evaluation to the
	104	+	program review committee.
	105	+	SECTION 4. 302.113 (9g) (cm) of the statutes is amended to read:
	106	+	302.113 (9g) (cm) If, after receiving the petition under par. (c) and after
	107	+	reviewing the report under par. (cd), the program review committee determines that
	108	+	the public interest would be served by a modification of the inmate's bifurcated
	109	+	sentence in the manner provided under par. (f), the committee shall approve the
	110	+	petition for referral to the sentencing court and notify the department of its approval.
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	137	+	SECTION 4 ASSEMBLY BILL 237
	138	+	The department shall then refer the inmate's petition to the sentencing court and
	139	+	request the court to conduct a hearing on the petition. If the program review
	140	+	committee determines that the public interest would not be served by a modification
	141	+	of the inmate's bifurcated sentence in the manner specified in par. (f), the committee
	142	+	shall deny the inmate's petition.
	143	+	SECTION 5. 302.113 (9g) (d) of the statutes is amended to read:
	144	+	302.113 (9g) (d) When a court is notified by the department that it is referring
	145	+	to the court an inmate's petition for modification of the inmate's bifurcated sentence,
	146	+	the court shall schedule a hearing to determine whether the public interest would
	147	+	be served by a modification of the inmate's bifurcated sentence in the manner
	148	+	specified in par. (f). The inmate and the district attorney have the right to be present
	149	+	at the hearing, and any victim of the inmate's crime has the right to be present at the
	150	+	hearing and to provide a an oral statement concerning the modification of the
	151	+	inmate's bifurcated sentence. The court shall allow any victim making a statement
	152	+	under this paragraph to use visual aids. The court shall order such notice of the
	153	+	hearing date as it considers adequate to be given to the department, the inmate, the
	154	+	attorney representing the inmate, if applicable, and the district attorney. Victim
	155	+	notification shall be provided as specified under par. (g).
	156	+	SECTION 6. 302.113 (9g) (g) 2. of the statutes is amended to read:
	157	+	302.113 (9g) (g) 2. When a court schedules a hearing under par. (d), the clerk
	158	+	of the circuit court shall send a notice of hearing to the victim of the crime committed
	159	+	by the inmate, if the victim has submitted a card under subd. 3. requesting
	160	+	notification. The notice shall inform the victim that he or she may appear at the
	161	+	hearing scheduled under par. (d) and shall inform the victim of the manner in which
	162	+	he or she may provide a an oral statement concerning the modification of the
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	190	+	SECTION 6
	191	+	ASSEMBLY BILL 237
	192	+	inmate's bifurcated sentence in the manner provided in par. (f). The court shall allow
	193	+	any victim making a statement under this subdivision to use visual aids. The clerk
	194	+	of the circuit court shall make a reasonable attempt to send the notice of hearing to
	195	+	the last-known address of the inmate's victim, postmarked at least 10 days before
	196	+	the date of the hearing.
	197	+	SECTION 7. 302.114 (5) (bm) of the statutes is created to read:
	198	+	302.114 (5) (bm) An inmate who submits a petition under par. (a) shall submit
	199	+	to a psychological examination by a licensed physician, licensed psychologist, or
	200	+	other mental health professional. The licensed physician, licensed psychologist, or
	201	+	other mental health professional shall provide a report on the evaluation to the court.
	202	+	The court shall consider the report in determining whether to release the inmate to
	203	+	extended supervision under this section.
	204	+	SECTION 8. 302.114 (5) (c) of the statutes is amended to read:
	205	+	302.114 (5) (c) Before deciding whether to grant or deny the inmate's petition,
	206	+	the court shall allow a victim, as defined in s. 950.02 (4), to make a an oral statement
	207	+	or submit a written statement concerning the release of the inmate to extended
	208	+	supervision. The court may allow any other person to make or submit a statement
	209	+	under this paragraph. Any statement under this paragraph must be relevant to the
	210	+	release of the inmate to extended supervision and may include the use of visual aids.
	211	+	SECTION 9. 302.114 (7) of the statutes is amended to read:
	212	+	302.114 (7) Before a person is released to extended supervision under this
	213	+	section, the department shall notify the municipal police department and the county
	214	+	sheriff for the area where the person will be residing. The notification requirement
	215	+	does not apply if a municipal department or county sheriff submits to the department
	216	+	a written statement waiving the right to be notified. If applicable, the department
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	243	+	SECTION 9 ASSEMBLY BILL 237
	244	+	shall also comply with s. 304.063. A municipal police department or county sheriff
	245	+	that receives notice under this subsection may disseminate the information in the
	246	+	notice to members of the general public if, in the opinion of the police chief or sheriff,
	247	+	providing that information is necessary to protect the public.
	248	+	SECTION 10. 304.06 (1) (eg) of the statutes is amended to read:
	249	+	304.06 (1) (eg) The parole commission shall permit any person under par. (c)
	250	+	3. to attend any interview or hearing on the application for parole of an applicable
	251	+	inmate and to make a an oral statement at that interview or hearing. The parole
	252	+	commission shall permit a person who is making a statement under this paragraph
	253	+	to use visual aids.
	254	+	SECTION 11. 304.06 (1) (g) of the statutes is amended to read:
	255	+	304.06 (1) (g) Before a person is released on parole under this subsection, the
	256	+	parole commission shall so notify the municipal police department and the county
	257	+	sheriff for the area where the person will be residing. The notification requirement
	258	+	under this paragraph does not apply if a municipal department or county sheriff
	259	+	submits to the parole commission a written statement waiving the right to be
	260	+	notified. If applicable, the department shall also comply with s. 304.063. A
	261	+	municipal police department or county sheriff that receives notice under this
	262	+	paragraph may disseminate the information in the notice to members of the general
	263	+	public if, in the opinion of the police chief or sheriff, providing that information is
	264	+	necessary to protect the public.
	265	+	SECTION 12. 304.06 (2d) of the statutes is created to read:
	266	+	304.06 (2d) No prisoner may be paroled under this section unless a licensed
	267	+	physician, licensed psychologist, or other mental health professional performs a
	268	+	psychological evaluation of the prisoner. The licensed physician, licensed
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	293	+	25 - 7 -2023 - 2024 Legislature
	294	+	LRB-2537/1
	295	+	MJW:skw
	296	+	SECTION 12
	297	+	ASSEMBLY BILL 237
	298	+	psychologist, or other mental health professional shall provide a report on the
	299	+	evaluation to the parole commission. The parole commission shall consider the
	300	+	results of the psychological evaluation in determining whether to parole the
	301	+	prisoner.
	302	+	SECTION 13. 304.063 (3) of the statutes is amended to read:
	303	+	304.063 (3) The department shall make a reasonable attempt to send the
	304	+	notice, postmarked at least 7 30 days before a prisoner is released on parole or
	305	+	extended supervision, to the last-known address of the persons under sub. (2).
162	306		SECTION 14.0Initial applicability.
163		-	(1) This act first applies to a person who is eligible for
164		-	parole or release to extended supervision on the effective
165		-	date of this subsection.
	307	+	(1) This act first applies to a person who is eligible for parole or release to
	308	+	extended supervision on the effective date of this subsection.
	309	+	(END)
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