Date of enactment: March 27, 2024
2023 Assembly Bill 237 Date of publication*: March 28, 2024
2023 WISCONSIN ACT 230
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
(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
a prisoner to parole or extended supervision.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 302.11 (5) of the statutes is amended to
read:
302.11 (5) Before a person is released on parole under
this section, the department shall so notify the municipal
police department and the county sheriff for the area where
the person will be residing. The notification requirement
does not apply if a municipal department or county sheriff
submits to the department a written statement waiving the
right to be notified. If applicable, the department shall also
comply with s. 304.063. A municipal police department
or county sheriff that receives notice under this subsection
regarding a person who was convicted of a serious violent
crime, as defined in s. 939.619 (1), may disseminate the
information in the notice about that person to members of
the general public if, in the opinion of the police chief or
sheriff, providing that information is necessary to protect
the public.
SECTION 2. 302.113 (6) of the statutes is amended to
read:
302.113 (6) Before a person is released to extended
supervision under this section, the department shall notify
the municipal police department and the county sheriff for
the area where the person will be residing. The notifica-
tion requirement does not apply if a municipal department
or county sheriff submits to the department a written state-
ment waiving the right to be notified. If applicable, the
department shall also comply with s. 304.063. A munici-
pal police department or county sheriff that receives notice
under this subsection regarding a person who was con-
victed of a serious violent crime, as defined in s. 939.619
(1), may disseminate the information in the notice about
that person to members of the general public if, in the opin-
ion of the police chief or sheriff, providing that informa-
tion is necessary to protect the public.
SECTION 5. 302.113 (9g) (d) of the statutes is amended
to read:
302.113 (9g) (d) When a court is notified by the
department that it is referring to the court an inmate’s peti-
tion for modification of the inmate’s bifurcated sentence,
the court shall schedule a hearing to determine whether the
public interest would be served by a modification of the
inmate’s bifurcated sentence in the manner specified in
par. (f). The inmate and the district attorney have the right
to be present at the hearing, and any victim of the inmate’s
crime has the right to be present at the hearing and to pro-
vide a an oral or written statement concerning the modifi-
cation of the inmate’s bifurcated sentence. The court shall
allow any victim making a statement under this paragraph
to use visual aids. The court shall order such notice of the
hearing date as it considers adequate to be given to the
* 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
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
department, the inmate, the attorney representing the
inmate, if applicable, and the district attorney. Victim noti-
fication shall be provided as specified under par. (g).
SECTION 6. 302.113 (9g) (g) 2. of the statutes is
amended to read:
302.113 (9g) (g) 2. When a court schedules a hearing
under par. (d), the clerk of the circuit court shall send a
notice of hearing to the victim of the crime committed by
the inmate, if the victim has submitted a card under subd.
3. requesting notification. The notice shall inform the vic-
tim that he or she may appear at the hearing scheduled
under par. (d) and shall inform the victim of the manner in
which he or she may provide a an oral or written statement
concerning the modification of the inmate’s bifurcated
sentence in the manner provided in par. (f). The court shall
allow any victim making a statement under this subdivi-
sion to use visual aids. The clerk of the circuit court shall
make a reasonable attempt to send the notice of hearing to
the last−known address of the inmate’s victim, postmarked
at least 10 days before the date of the hearing.
SECTION 8. 302.114 (5) (c) of the statutes is amended
to read:
302.114 (5) (c) Before deciding whether to grant or
deny the inmate’s petition, the court shall allow a victim,
as defined in s. 950.02 (4), to make a an oral statement
or submit a written statement concerning the release of the
inmate to extended supervision. The court may allow any
other person to make or submit a statement under this
paragraph. Any statement under this paragraph must be
relevant to the release of the inmate to extended supervi-
sion and may include the use of visual aids.
SECTION 9. 302.114 (7) of the statutes is amended to
read:
302.114 (7) Before a person is released to extended
supervision under this section, the department shall notify
the municipal police department and the county sheriff for
the area where the person will be residing. The notifica-
tion requirement does not apply if a municipal department
or county sheriff submits to the department a written state-
ment waiving the right to be notified. If applicable, the
department shall also comply with s. 304.063. A munici-
pal police department or county sheriff that receives notice
under this subsection regarding a person who was con-
victed of a serious violent crime, as defined in s. 939.619
(1), may disseminate the information in the notice about
that person to members of the general public if, in the opin-
ion of the police chief or sheriff, providing that informa-
tion is necessary to protect the public.
SECTION 9r. 304.06 (1) (d) 3. and (e) of the statutes are
amended to read:
304.06 (1) (d) 3. The notice shall state the name of the
inmate, the date, and term of the sentence and the date
when the written statement, if written by an office under
par. (c) 1. or 2., must be received in order to be considered.
If the notice is to an office under par. (c) 1. or 2., the notice
shall also state the crime of which the inmate was con-
victed.
(e) The parole commission shall permit any office or
person under par. (c) 1. to 3. to provide written statements.
The parole commission shall give consideration to any
written statements provided by any such an office or per-
son and under par. (c) 1. or 2. that are received on or before
the date specified in the notice and to all written statements
provided by a person under par. (c) 3. whether received
before or at the interview or hearing. This paragraph does
not limit the authority of the parole commission to con-
sider other statements or information that it receives in a
timely fashion.
SECTION 10. 304.06 (1) (eg) of the statutes, as affected
by 2023 Wisconsin Act 31, is amended to read:
304.06 (1) (eg) The parole commission shall permit
any person under par. (c) 3. to make a an oral or written
statement at any interview or hearing on the application for
parole of an applicable inmate. The parole commission
shall permit a person who is making a statement under this
paragraph to use visual aids.
SECTION 11. 304.06 (1) (g) of the statutes is amended
to read:
304.06 (1) (g) Before a person is released on parole
under this subsection, the parole commission shall so
notify the municipal police department and the county
sheriff for the area where the person will be residing. The
notification requirement under this paragraph does not
apply if a municipal department or county sheriff submits
to the parole commission a written statement waiving the
right to be notified. If applicable, the department shall also
comply with s. 304.063. A municipal police department
or county sheriff that receives notice under this paragraph
regarding a person who was convicted of a serious violent
crime, as defined in s. 939.619 (1), may disseminate the
information in the notice about that person to members of
the general public if, in the opinion of the police chief or
sheriff, providing that information is necessary to protect
the public.
SECTION 13. 304.063 (3) of the statutes is amended to
read:
304.063 (3) The department shall make a reasonable
attempt to send the notice, postmarked at least 7 30 days
before a prisoner is released on parole or extended supervi-
sion, to the last−known address of the persons under sub.
(2).
SECTION 14.0Initial applicability.
(1) This act first applies to a person who is eligible for
parole or release to extended supervision on the effective
date of this subsection.