WI
Wisconsin Senate Bill SB230

Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB230 Compare Versions

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33 2023 - 2024 LEGISLATURE
44 2023 SENATE BILL 230
55 April 14, 2023 - Introduced by Senators BRADLEY, WANGGAARD, BALLWEG, HUTTON,
66 MARKLEIN, NASS and TESTIN, cosponsored by Representatives M AXEY,
77 RETTINGER, ALLEN, BEHNKE, BINSFELD, BRANDTJEN, DONOVAN, GREEN,
88 GUNDRUM, MURPHY, MURSAU, PENTERMAN, ROZAR, TITTL, WICHGERS, DUCHOW,
99 MICHALSKI and NEDWESKI. Referred to Committee on Judiciary and Public
1010 Safety.
1111 ***AUTHORS SUBJECT TO CHANGE***
1212 AN ACT to amend 302.11 (5), 302.113 (6), 302.113 (9g) (cm), 302.113 (9g) (d),
1313 302.113 (9g) (g) 2., 302.114 (5) (c), 302.114 (7), 304.06 (1) (eg), 304.06 (1) (g) and
1414 304.063 (3); and to create 302.113 (9g) (cd), 302.114 (5) (bm) and 304.06 (2d)
1515 of the statutes; relating to: requirements for releasing a prisoner to parole or
1616 extended supervision.
1717 Analysis by the Legislative Reference Bureau
1818 This bill 1) changes a victim's statutory right to participate in a hearing before
1919 a prisoner is released from prison on parole or extended supervision, 2) changes the
2020 victim's statutory right to notice when that prisoner is released, 3) requires a
2121 prisoner to submit to a psychological evaluation before release on parole or
2222 discretionary release on extended supervision, and 4) specifies that a police chief or
2323 sheriff may disseminate information to the general public regarding a person who
2424 is convicted of certain offenses who is released from prison and will be residing in the
2525 police chief's or sheriff's jurisdiction.
2626 Under current law, a prisoner is eligible for parole if he or she was sentenced
2727 for a crime committed before December 31, 1999, and if he or she 1) has served at
2828 least six months or 25 percent of his or her sentence, whichever is longer, or 2) for a
2929 life sentence, has served at least 20 years. Under bifurcated sentencing, if a person
3030 is given a sentence for a crime that was committed on or after December 31, 1999,
3131 release to extended supervision is generally not discretionary. However, for a life
3232 sentence with the possibility of release to extended supervision, the sentencing court
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3939 SENATE BILL 230
4040 must hold a hearing to determine whether to grant extended supervision on or after
4141 a predetermined eligibility date.
4242 Current law requires the parole commission or the sentencing court to allow a
4343 victim to make a statement at a hearing to determine eligibility for release to parole
4444 or discretionary release to extended supervision on a life sentence. The bill requires
4545 the parole commission or the sentencing court to allow a victim to make an oral
4646 statement and to make use of visual aids.
4747 Whenever a prisoner is released to parole or extended supervision, current law
4848 requires the Department of Corrections to make a reasonable attempt to notify any
4949 victims of the crime who request notice of the release. Under current law, DOC must
5050 send this notice at least seven days before a prisoner is released on parole or extended
5151 supervision. The bill requires this notice to be sent at least 30 days before a prisoner
5252 is released to parole or extended supervision.
5353 The bill also requires a prisoner to submit to a psychological evaluation and
5454 requires the person conducting the evaluation to send a report to the authority
5555 considering releasing the prisoner to parole or extended supervision. Under the bill,
5656 that reviewing authority is required to consider the report when determining
5757 whether to release the individual to parole or extended supervision.
5858 Current law requires DOC to send a notice to the municipal police department
5959 and the county sheriff for the area where a person who is released from prison will
6060 be residing. The bill specifies that a police chief or sheriff that receives notice that
6161 a prisoner will be residing in the police chief's or sheriff's jurisdiction after release
6262 to parole or extended supervision may release the information in the notice to
6363 members of the general public if, in the opinion of the police chief or sheriff, providing
6464 that information is necessary to protect the public.
6565 For further information see the state fiscal estimate, which will be printed as
6666 an appendix to this bill.
6767 The people of the state of Wisconsin, represented in senate and assembly, do
6868 enact as follows:
6969 SECTION 1. 302.11 (5) of the statutes is amended to read:
7070 302.11 (5) Before a person is released on parole under this section, the
7171 department shall so notify the municipal police department and the county sheriff
7272 for the area where the person will be residing. The notification requirement does not
7373 apply if a municipal department or county sheriff submits to the department a
7474 written statement waiving the right to be notified. If applicable, the department
7575 shall also comply with s. 304.063. A municipal police department or county sheriff
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8585 SECTION 1
8686 SENATE BILL 230
8787 that receives notice under this subsection may disseminate the information in the
8888 notice to members of the general public if, in the opinion of the police chief or sheriff,
8989 providing that information is necessary to protect the public.
9090 SECTION 2. 302.113 (6) of the statutes is amended to read:
9191 302.113 (6) Before a person is released to extended supervision under this
9292 section, the department shall notify the municipal police department and the county
9393 sheriff for the area where the person will be residing. The notification requirement
9494 does not apply if a municipal department or county sheriff submits to the department
9595 a written statement waiving the right to be notified. If applicable, the department
9696 shall also comply with s. 304.063. A municipal police department or county sheriff
9797 that receives notice under this subsection may disseminate the information in the
9898 notice to members of the general public if, in the opinion of the police chief or sheriff,
9999 providing that information is necessary to protect the public.
100100 SECTION 3. 302.113 (9g) (cd) of the statutes is created to read:
101101 302.113 (9g) (cd) An inmate who submits a petition under par. (c) shall submit
102102 to a psychological examination by a licensed physician, licensed psychologist, or
103103 other mental health professional. The licensed physician, licensed psychologist, or
104104 other mental health professional shall provide a report on the evaluation to the
105105 program review committee.
106106 SECTION 4. 302.113 (9g) (cm) of the statutes is amended to read:
107107 302.113 (9g) (cm) If, after receiving the petition under par. (c) and after
108108 reviewing the report under par. (cd), the program review committee determines that
109109 the public interest would be served by a modification of the inmate's bifurcated
110110 sentence in the manner provided under par. (f), the committee shall approve the
111111 petition for referral to the sentencing court and notify the department of its approval.
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138138 SECTION 4 SENATE BILL 230
139139 The department shall then refer the inmate's petition to the sentencing court and
140140 request the court to conduct a hearing on the petition. If the program review
141141 committee determines that the public interest would not be served by a modification
142142 of the inmate's bifurcated sentence in the manner specified in par. (f), the committee
143143 shall deny the inmate's petition.
144144 SECTION 5. 302.113 (9g) (d) of the statutes is amended to read:
145145 302.113 (9g) (d) When a court is notified by the department that it is referring
146146 to the court an inmate's petition for modification of the inmate's bifurcated sentence,
147147 the court shall schedule a hearing to determine whether the public interest would
148148 be served by a modification of the inmate's bifurcated sentence in the manner
149149 specified in par. (f). The inmate and the district attorney have the right to be present
150150 at the hearing, and any victim of the inmate's crime has the right to be present at the
151151 hearing and to provide a an oral statement concerning the modification of the
152152 inmate's bifurcated sentence. The court shall allow any victim making a statement
153153 under this paragraph to use visual aids. The court shall order such notice of the
154154 hearing date as it considers adequate to be given to the department, the inmate, the
155155 attorney representing the inmate, if applicable, and the district attorney. Victim
156156 notification shall be provided as specified under par. (g).
157157 SECTION 6. 302.113 (9g) (g) 2. of the statutes is amended to read:
158158 302.113 (9g) (g) 2. When a court schedules a hearing under par. (d), the clerk
159159 of the circuit court shall send a notice of hearing to the victim of the crime committed
160160 by the inmate, if the victim has submitted a card under subd. 3. requesting
161161 notification. The notice shall inform the victim that he or she may appear at the
162162 hearing scheduled under par. (d) and shall inform the victim of the manner in which
163163 he or she may provide a an oral statement concerning the modification of the
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191191 SECTION 6
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193193 inmate's bifurcated sentence in the manner provided in par. (f). The court shall allow
194194 any victim making a statement under this subdivision to use visual aids. The clerk
195195 of the circuit court shall make a reasonable attempt to send the notice of hearing to
196196 the last-known address of the inmate's victim, postmarked at least 10 days before
197197 the date of the hearing.
198198 SECTION 7. 302.114 (5) (bm) of the statutes is created to read:
199199 302.114 (5) (bm) An inmate who submits a petition under par. (a) shall submit
200200 to a psychological examination by a licensed physician, licensed psychologist, or
201201 other mental health professional. The licensed physician, licensed psychologist, or
202202 other mental health professional shall provide a report on the evaluation to the court.
203203 The court shall consider the report in determining whether to release the inmate to
204204 extended supervision under this section.
205205 SECTION 8. 302.114 (5) (c) of the statutes is amended to read:
206206 302.114 (5) (c) Before deciding whether to grant or deny the inmate's petition,
207207 the court shall allow a victim, as defined in s. 950.02 (4), to make a an oral statement
208208 or submit a written statement concerning the release of the inmate to extended
209209 supervision. The court may allow any other person to make or submit a statement
210210 under this paragraph. Any statement under this paragraph must be relevant to the
211211 release of the inmate to extended supervision and may include the use of visual aids.
212212 SECTION 9. 302.114 (7) of the statutes is amended to read:
213213 302.114 (7) Before a person is released to extended supervision under this
214214 section, the department shall notify the municipal police department and the county
215215 sheriff for the area where the person will be residing. The notification requirement
216216 does not apply if a municipal department or county sheriff submits to the department
217217 a written statement waiving the right to be notified. If applicable, the department
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244244 SECTION 9 SENATE BILL 230
245245 shall also comply with s. 304.063. A municipal police department or county sheriff
246246 that receives notice under this subsection may disseminate the information in the
247247 notice to members of the general public if, in the opinion of the police chief or sheriff,
248248 providing that information is necessary to protect the public.
249249 SECTION 10. 304.06 (1) (eg) of the statutes is amended to read:
250250 304.06 (1) (eg) The parole commission shall permit any person under par. (c)
251251 3. to attend any interview or hearing on the application for parole of an applicable
252252 inmate and to make a an oral statement at that interview or hearing. The parole
253253 commission shall permit a person who is making a statement under this paragraph
254254 to use visual aids.
255255 SECTION 11. 304.06 (1) (g) of the statutes is amended to read:
256256 304.06 (1) (g) Before a person is released on parole under this subsection, the
257257 parole commission shall so notify the municipal police department and the county
258258 sheriff for the area where the person will be residing. The notification requirement
259259 under this paragraph does not apply if a municipal department or county sheriff
260260 submits to the parole commission a written statement waiving the right to be
261261 notified. If applicable, the department shall also comply with s. 304.063. A
262262 municipal police department or county sheriff that receives notice under this
263263 paragraph may disseminate the information in the notice to members of the general
264264 public if, in the opinion of the police chief or sheriff, providing that information is
265265 necessary to protect the public.
266266 SECTION 12. 304.06 (2d) of the statutes is created to read:
267267 304.06 (2d) No prisoner may be paroled under this section unless a licensed
268268 physician, licensed psychologist, or other mental health professional performs a
269269 psychological evaluation of the prisoner. The licensed physician, licensed
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297297 SECTION 12
298298 SENATE BILL 230
299299 psychologist, or other mental health professional shall provide a report on the
300300 evaluation to the parole commission. The parole commission shall consider the
301301 results of the psychological evaluation in determining whether to parole the
302302 prisoner.
303303 SECTION 13. 304.063 (3) of the statutes is amended to read:
304304 304.063 (3) The department shall make a reasonable attempt to send the
305305 notice, postmarked at least 7 30 days before a prisoner is released on parole or
306306 extended supervision, to the last-known address of the persons under sub. (2).
307307 SECTION 14.0Initial applicability.
308308 (1) This act first applies to a person who is eligible for parole or release to
309309 extended supervision on the effective date of this subsection.
310310 (END)
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