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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 47
February 20, 2023 - Introduced by Representatives SPIROS, DUCHOW, SCHRAA,
ALLEN, BRANDTJEN, DITTRICH, DONOVAN, EDMING, KNODL, MICHALSKI, MURPHY,
O'CONNOR, RETTINGER, ROZAR, SCHUTT, STEFFEN and WICHGERS, cosponsored by
Senators WANGGAARD, BRADLEY, JAMES, BALLWEG, CABRAL-GUEVARA, COWLES,
JACQUE, MARKLEIN, NASS and STROEBEL. Referred to Committee on State
Affairs.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 19.85 (1) (a), 19.85 (1) (d), 304.06 (1) (d) 1., 304.06 (1) (d) 3g.
and 304.06 (1) (eg); and to create 304.01 (3), (4) and (5) of the statutes; relating
to: public access to actions by Parole Commission.
Analysis by the Legislative Reference Bureau
Under current law, the Parole Commission is the authority for granting
discretionary release to parole to a person who committed a felony before December
31, 1999. This bill changes the open meetings requirement for the Parole
Commission, provides specific notice requirements for meetings of the Parole
Commission, and requires information about parole decisions to be posted on the
Department of Corrections Internet site.
Eliminating the exception to the open meetings law
Current law requires that every meeting of a governmental body be held in a
place reasonably accessible to members of the public and open to all citizens at all
times. Current law provides exceptions to the open meetings requirement. One
exception is for the consideration of specific applications of release to probation,
extended supervision, or parole. The bill eliminates that exception so that the Parole
Commission is subject to the open meetings requirement when considering specific
applications for release.
Notice requirements
Current law regulates public notice of all meetings of a governmental body. In
addition to any requirements specific to a governmental body, the notice must be
posted in at least three public places likely to give notice to affected persons, posted
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ASSEMBLY BILL 47
in one such public place and on the governmental body's Internet site, or published
in a news medium likely to give notice to affected persons. The bill requires that the
Parole Commission provide notice of all meetings on the DOC Internet site.
Posting requirements
The bill requires DOC to post certain information about the actions of the
Parole Commission on its Internet site for public access. Under the bill, DOC must
post any guidance documents that the Parole Commission uses when making parole
decisions. DOC must post individuals granted parole, denied parole, and returned
to prison following the revocation of parole. DOC must also post monthly and annual
totals of the number of persons granted parole, denied parole, and returned to prison
following the revocation of parole. The annual totals must be presented by the crime
for which the individual was convicted; the sex, race, and age of the individual; and
the locality in which the individual was convicted.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 19.85 (1) (a) of the statutes is amended to read:
19.85 (1) (a) Deliberating concerning a case which was the subject of any
judicial or quasi-judicial trial or hearing before that governmental body. This
paragraph does not authorize a closed session for considering specific applications
of probation, extended supervision, or parole.
SECTION 2. 19.85 (1) (d) of the statutes is amended to read:
19.85 (1) (d) Except as provided in s. 304.06 (1) (eg) and by rule promulgated
under s. 304.06 (1) (em), considering specific applications of probation, extended
supervision or parole, or considering Considering strategy for crime detection or
prevention.
SECTION 3. 304.01 (3), (4) and (5) of the statutes are created to read:
304.01 (3) The public notice required under s. 19.84 for meetings of the parole
commission shall include the names of the individuals who are being considered for
parole and shall be posted on the department's public Internet site.
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SECTION 3
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(4) The department shall post on the department's public Internet site the
individuals granted parole, denied parole, and returned to prison following the
revocation of parole. The department shall post aggregate numbers that identify
monthly totals and yearly totals. The yearly totals shall be presented by the crime
for which the individual was convicted; the sex, race, and age of the individual; and
the locality in which the individual was convicted.
(5) Any guidance documents that the parole commission uses to guide parole
decisions shall be posted on the department's public Internet site.
SECTION 4. 304.06 (1) (d) 1. of the statutes is amended to read:
304.06 (1) (d) 1. The notice under par. (c) shall inform the offices and persons
under par. (c) 1. to 3. of the manner in which they may provide written statements
under this subsection, shall inform persons under par. (c) 3. of the manner in which
that they may attend interviews or hearings and make statements under par. (eg)
and shall inform persons under par. (c) 3. who are victims, or family members of
victims, of crimes specified in s. 940.01, 940.03, 940.05, 940.225 (1), (2), or (3), 948.02
(1) or (2), 948.025, 948.06, or 948.07 of the manner in which they may have direct
input in the parole decision-making process under par. (em). The parole commission
shall provide notice under this paragraph for an inmate's first application for parole
and, upon request, for subsequent applications for parole.
SECTION 5. 304.06 (1) (d) 3g. of the statutes is amended to read:
304.06 (1) (d) 3g. If applicable, the notice shall state the date of the interview
or hearing that is the person may attend subject of the notice.
SECTION 6. 304.06 (1) (eg) of the statutes is amended to read:
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SECTION 6 ASSEMBLY BILL 47
304.06 (1) (eg) The parole commission shall permit any person under par. (c)
3. to attend make a statement at any interview or hearing on the application for
parole of an applicable inmate and to make a statement at that interview or hearing.
(END)
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