LRBa1019/1
PJH:kjf:md
2011 - 2012 LEGISLATURE
ASSEMBLY AMENDMENT 3,
TO 2011 SENATE BILL 57
May 17, 2011 - Offered by Representatives Pasch, Grigsby, Hintz, Kessler,
Zamarripa, Sinicki, Seidel, Berceau
and Young.
SB57-AA3,1,11 At the locations indicated, amend the bill as follows:
SB57-AA3,1,2 21. Page 7, line 6: delete that line.
SB57-AA3,1,4 32. Page 7, line 7: delete the material inserted by senate amendment 1 and
4substitute:
SB57-AA3,1,5 5" Section 13c. 302.042 (3) of the statutes is repealed.
SB57-AA3, s. 13d 6Section 13d. 302.042 (4) of the statutes is amended to read:
SB57-AA3,2,27 302.042 (4) The department shall release an inmate who is serving a risk
8reduction sentence to extended supervision when he or she serves not less than 75
9percent of the term of confinement portion of his or her sentence imposed under s.
10973.01 and the department determines that he or she has completed the
11programming or treatment under his or her plan and that the inmate maintained a
12good conduct record during his or her term of confinement
. Not less than 30 days
13prior to release under this subsection, the department shall notify the sentencing

1court that the inmate has thus far successfully completed the requirements of his or
2her risk reduction sentence.".
SB57-AA3,2,3 33. Page 12, line 9: delete lines 9 to 12 and substitute:
SB57-AA3,2,4 4" Section 34d. 302.11 (2m) of the statutes is created to read:
SB57-AA3,2,105 302.11 (2m) The warden or superintendent shall keep a record of the conduct
6of each person who is returned to prison after revocation of parole, specifying each
7infraction of the rules. If a person violates any regulation of the prison, refuses or
8neglects to perform required or assigned duties, or refuses or neglects to participate
9in required programming or treatment, the department may extend the release date
10by not more than 90 days.
SB57-AA3,2,1211 (b) No extension under par. (a) may require a person to serve more days in
12prison than provided in his or her sentence.
SB57-AA3, s. 34h 13Section 34h. 302.11 (7) (am) of the statutes is amended to read:
SB57-AA3,2,2014 302.11 (7) (am) The reviewing authority may return a parolee released under
15sub. (1) or (1g) (b) or s. 304.02 or 304.06 (1) to prison for a period up to the remainder
16of the sentence or for 6 months, whichever is less, for a violation of the conditions of
17parole. The remainder of the sentence is the entire sentence, less time served in
18custody prior to parole. The period of time may be extended in accordance with sub.
19(2m).
The revocation order shall provide the parolee with credit in accordance with
20ss. 304.072 and 973.155.
SB57-AA3, s. 34p 21Section 34p. 302.11 (7) (b) of the statutes is amended to read:
SB57-AA3,3,322 302.11 (7) (b) A parolee returned to prison for violation of the conditions of
23parole shall be incarcerated for the entire period of time determined by the reviewing
24authority unless paroled earlier under par. (c). The parolee is not subject to

1mandatory release under sub. (1) or presumptive mandatory release under sub. (1g).
2The period of time determined under par. (am) may be extended in accordance with
3subs. (1q) and (2) sub. (2m).
SB57-AA3, s. 34t 4Section 34t. 302.11 (7) (c) of the statutes is amended to read:
SB57-AA3,3,75 302.11 (7) (c) The earned release review commission may subsequently parole,
6under s. 304.06 (1), and the
department may subsequently parole, under s. 304.02,
7a parolee who is returned to prison for violation of a condition of parole.".
SB57-AA3,3,8 84. Page 13, line 17: after that line insert:
SB57-AA3,3,9 9" Section 41m. 302.113 (3m) of the statutes is created to read:
SB57-AA3,3,1510 302.113 (3m) (a) The warden or superintendent shall keep a record of the
11conduct of each inmate who is returned to prison after revocation of extended
12supervision, specifying each infraction of the rules. If a person violates any
13regulation of the prison, refuses or neglects to perform required or assigned duties,
14or refuses or neglects to participate in required programming or treatment, the
15department may extend the period imposed under sub. (9) by not more than 90 days.
SB57-AA3,3,1816 (b) No extension under par. (a) may require a person to serve more days in
17prison than the total length of the bifurcated sentence imposed on the person under
18s. 973.01.".
SB57-AA3,3,20 195. Page 14, line 8: delete "any specified period of time that does not exceed" and
20substitute "any specified period of time that does not exceed 6 months or".
SB57-AA3,3,21 216. Page 14, line 9: after "sentence" insert ", whichever is less".
SB57-AA3,3,22 227. Page 14, line 15: after that line insert:
SB57-AA3,3,23 23" Section 43m. 302.113 (9) (b) of the statutes is amended to read:
SB57-AA3,4,8
1302.113 (9) (b) A person who is returned to prison after revocation of extended
2supervision shall be incarcerated for the entire period of time specified by the order
3under par. (am). The period of time specified under par. (am) may be extended in
4accordance with sub. (3) (3m). If a person is returned to prison under par. (am) for
5a period of time that is less than the time remaining on the bifurcated sentence, the
6person shall be released to extended supervision after he or she has served the period
7of time specified by the order under par. (am) and any periods of extension imposed
8in accordance with sub. (3) (3m).".
SB57-AA3,4,13 98. Page 27, line 9: delete the material beginning with "prison" and ending with
10"supervision" on line 10 and substitute "prison to continue serving for the remainder
11of
his or her sentence or for 6 months, whichever is less, or may order him or her to
12continue on parole or extended supervision. If the person is ordered returned to
13prison, the period of time may be extended in accordance with s. 302.11 (2m)
.".
SB57-AA3,4,14 149. Page 30, line 13: after the material inserted by senate amendment 1 insert:
SB57-AA3,4,16 15" Section 87r. 973.01 (2) (d) (intro.) of the statutes is repealed and recreated
16to read:
SB57-AA3,4,2417 973.01 (2) (d) Minimum and maximum term of extended supervision. (intro.)
18Except for a Class B felony, a Class C felony, or a crime described in s. 301.45 (1d) (b),
19the term of extended supervision may not be less than 25 percent nor more 75 percent
20of the length of the term of confinement in prison imposed under par. (b). For a Class
21B felony, a Class C felony, or a crime described in s. 301.45 (1d) (b), the term of
22extended supervision may not be less than 25 percent of the term of confinement in
23prison imposed under par. (b) and is subject to whichever of the following limits is
24applicable:".
SB57-AA3,5,1
110. Page 31, line 6: delete that line and substitute:
SB57-AA3,5,2 2" Section 92m. 973.031 of the statutes is amended to read:
SB57-AA3,5,14 3973.031 Risk reduction sentence. Whenever a court imposes a sentence for
4a felony under s. 973.01, the court may order the person it sentences to serve a risk
5reduction sentence if the court determines that a risk reduction sentence is
6appropriate and the person agrees to cooperate in an assessment of his or her
7criminogenic factors and his or her risk of reoffending, and to participate in
8programming or treatment the department develops for the person under s. 302.042
9(1). This section does not apply if the court sentences a person for a violation of s.
10940.03, 940.06, 940.11 (1), 940.235, 940.302, 940.31 (1), 940.32 (3), 941.21, 946.465,
11948.03 (2) (a), or 948.40 (4) (a) or for a felony murder under s. 940.03, an offense
12against an elderly or vulnerable person, as defined in s. 939.22 (20d), an offense
13related to ethical government, as defined in s. 939.22 (20m), or an offense related to
14school safety, as defined in s. 939.22 (20s).
".
SB57-AA3,5,16 1511. Page 33, line 24: delete "This" and substitute "Except as provided in
16subsections (2) and (3), this".
SB57-AA3,5,17 1712. Page 34, line 3: after that line insert:
SB57-AA3,5,20 18"(2) The treatment of sections 302.11 (2m), (7) (am), (b), and (c), 302.113 (3m),
19302.113 (9) (am) and (b), and 304.06 (3) of the statutes first applies to a revocation
20that occurs on the effective date of this subsection.
SB57-AA3,5,2221 (3) The treatment of section 973.01 (2) (d) (intro) of the statutes first applies
22to a person sentenced for a crime committed on the effective date of this subsection.".
SB57-AA3,5,2323 (End)
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