Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB47 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	LRB-1722/1
2	2	CMH:amn
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 47
5	5	February 20, 2023 - Introduced by Representatives SPIROS, DUCHOW, SCHRAA,
6	6	ALLEN, BRANDTJEN, DITTRICH, DONOVAN, EDMING, KNODL, MICHALSKI, MURPHY,
7	7	O'CONNOR, RETTINGER, ROZAR, SCHUTT, STEFFEN and WICHGERS, cosponsored by
8	8	Senators WANGGAARD, BRADLEY, JAMES, BALLWEG, CABRAL-GUEVARA, COWLES,
9	9	JACQUE, MARKLEIN, NASS and STROEBEL. Referred to Committee on State
10	10	Affairs.
11	11	*AUTHORS SUBJECT TO CHANGE*
12	12	AN ACT to amend 19.85 (1) (a), 19.85 (1) (d), 304.06 (1) (d) 1., 304.06 (1) (d) 3g.
13	13	and 304.06 (1) (eg); and to create 304.01 (3), (4) and (5) of the statutes; relating
14	14	to: public access to actions by Parole Commission.
15	15	Analysis by the Legislative Reference Bureau
16	16	Under current law, the Parole Commission is the authority for granting
17	17	discretionary release to parole to a person who committed a felony before December
18	18	31, 1999. This bill changes the open meetings requirement for the Parole
19	19	Commission, provides specific notice requirements for meetings of the Parole
20	20	Commission, and requires information about parole decisions to be posted on the
21	21	Department of Corrections Internet site.
22	22	Eliminating the exception to the open meetings law
23	23	Current law requires that every meeting of a governmental body be held in a
24	24	place reasonably accessible to members of the public and open to all citizens at all
25	25	times. Current law provides exceptions to the open meetings requirement. One
26	26	exception is for the consideration of specific applications of release to probation,
27	27	extended supervision, or parole. The bill eliminates that exception so that the Parole
28	28	Commission is subject to the open meetings requirement when considering specific
29	29	applications for release.
30	30	Notice requirements
31	31	Current law regulates public notice of all meetings of a governmental body. In
32	32	addition to any requirements specific to a governmental body, the notice must be
33	33	posted in at least three public places likely to give notice to affected persons, posted
34	34	1
35	35	2
36	36	3 - 2 -2023 - 2024 Legislature LRB-1722/1
37	37	CMH:amn
38	38	ASSEMBLY BILL 47
39	39	in one such public place and on the governmental body's Internet site, or published
40	40	in a news medium likely to give notice to affected persons. The bill requires that the
41	41	Parole Commission provide notice of all meetings on the DOC Internet site.
42	42	Posting requirements
43	43	The bill requires DOC to post certain information about the actions of the
44	44	Parole Commission on its Internet site for public access. Under the bill, DOC must
45	45	post any guidance documents that the Parole Commission uses when making parole
46	46	decisions. DOC must post individuals granted parole, denied parole, and returned
47	47	to prison following the revocation of parole. DOC must also post monthly and annual
48	48	totals of the number of persons granted parole, denied parole, and returned to prison
49	49	following the revocation of parole. The annual totals must be presented by the crime
50	50	for which the individual was convicted; the sex, race, and age of the individual; and
51	51	the locality in which the individual was convicted.
52	52	The people of the state of Wisconsin, represented in senate and assembly, do
53	53	enact as follows:
54	54	SECTION 1. 19.85 (1) (a) of the statutes is amended to read:
55	55	19.85 (1) (a) Deliberating concerning a case which was the subject of any
56	56	judicial or quasi-judicial trial or hearing before that governmental body. This
57	57	paragraph does not authorize a closed session for considering specific applications
58	58	of probation, extended supervision, or parole.
59	59	SECTION 2. 19.85 (1) (d) of the statutes is amended to read:
60	60	19.85 (1) (d) Except as provided in s. 304.06 (1) (eg) and by rule promulgated
61	61	under s. 304.06 (1) (em), considering specific applications of probation, extended
62	62	supervision or parole, or considering Considering strategy for crime detection or
63	63	prevention.
64	64	SECTION 3. 304.01 (3), (4) and (5) of the statutes are created to read:
65	65	304.01 (3) The public notice required under s. 19.84 for meetings of the parole
66	66	commission shall include the names of the individuals who are being considered for
67	67	parole and shall be posted on the department's public Internet site.
68	68	1
69	69	2
70	70	3
71	71	4
72	72	5
73	73	6
74	74	7
75	75	8
76	76	9
77	77	10
78	78	11
79	79	12
80	80	13
81	81	14 - 3 -2023 - 2024 Legislature
82	82	LRB-1722/1
83	83	CMH:amn
84	84	SECTION 3
85	85	ASSEMBLY BILL 47
86	86	(4) The department shall post on the department's public Internet site the
87	87	individuals granted parole, denied parole, and returned to prison following the
88	88	revocation of parole. The department shall post aggregate numbers that identify
89	89	monthly totals and yearly totals. The yearly totals shall be presented by the crime
90	90	for which the individual was convicted; the sex, race, and age of the individual; and
91	91	the locality in which the individual was convicted.
92	92	(5) Any guidance documents that the parole commission uses to guide parole
93	93	decisions shall be posted on the department's public Internet site.
94	94	SECTION 4. 304.06 (1) (d) 1. of the statutes is amended to read:
95	95	304.06 (1) (d) 1. The notice under par. (c) shall inform the offices and persons
96	96	under par. (c) 1. to 3. of the manner in which they may provide written statements
97	97	under this subsection, shall inform persons under par. (c) 3. of the manner in which
98	98	that they may attend interviews or hearings and make statements under par. (eg)
99	99	and shall inform persons under par. (c) 3. who are victims, or family members of
100	100	victims, of crimes specified in s. 940.01, 940.03, 940.05, 940.225 (1), (2), or (3), 948.02
101	101	(1) or (2), 948.025, 948.06, or 948.07 of the manner in which they may have direct
102	102	input in the parole decision-making process under par. (em). The parole commission
103	103	shall provide notice under this paragraph for an inmate's first application for parole
104	104	and, upon request, for subsequent applications for parole.
105	105	SECTION 5. 304.06 (1) (d) 3g. of the statutes is amended to read:
106	106	304.06 (1) (d) 3g. If applicable, the notice shall state the date of the interview
107	107	or hearing that is the person may attend subject of the notice.
108	108	SECTION 6. 304.06 (1) (eg) of the statutes is amended to read:
109	109	1
110	110	2
111	111	3
112	112	4
113	113	5
114	114	6
115	115	7
116	116	8
117	117	9
118	118	10
119	119	11
120	120	12
121	121	13
122	122	14
123	123	15
124	124	16
125	125	17
126	126	18
127	127	19
128	128	20
129	129	21
130	130	22
131	131	23 - 4 -2023 - 2024 Legislature LRB-1722/1
132	132	CMH:amn
133	133	SECTION 6 ASSEMBLY BILL 47
134	134	304.06 (1) (eg) The parole commission shall permit any person under par. (c)
135	135	3. to attend make a statement at any interview or hearing on the application for
136	136	parole of an applicable inmate and to make a statement at that interview or hearing.
137	137	(END)
138	138	1
139	139	2
140	140	3
141	141	4