LRBa0944/1
PJH:kjf:ph
2011 - 2012 LEGISLATURE
SENATE AMENDMENT 2,
TO 2011 SENATE BILL 57
May 11, 2011 - Offered by Senators Taylor, Vinehout, C. Larson, T. Cullen, Risser,
Miller
and S. Coggs.
SB57-SA2,1,11 At the locations indicated, amend the bill as follows:
SB57-SA2,1,2 21. Page 7, line 6: delete lines 6 to 17 and substitute:
SB57-SA2,1,3 3" Section 13c. 302.042 (3) of the statutes is repealed.
SB57-SA2, s. 13d 4Section 13d. 302.042 (4) of the statutes is amended to read:
SB57-SA2,1,135 302.042 (4) The department shall release an inmate who is serving a risk
6reduction sentence to extended supervision when he or she serves not less than 75
7percent of the term of confinement portion of his or her sentence imposed under s.
8973.01 and the department determines that he or she has completed the
9programming or treatment under his or her plan and that the inmate maintained a
10good conduct record during his or her term of confinement
. Not less than 30 days
11prior to release under this subsection, the department shall notify the sentencing
12court that the inmate has thus far successfully completed the requirements of his or
13her risk reduction sentence.".
SB57-SA2,2,1
12. Page 12, line 9: delete lines 9 to 12 and substitute:
SB57-SA2,2,2 2" Section 34d. 302.11 (2m) of the statutes is created to read:
SB57-SA2,2,83 302.11 (2m) The warden or superintendent shall keep a record of the conduct
4of each person who is returned to prison after revocation of parole, specifying each
5infraction of the rules. If a person violates any regulation of the prison, refuses or
6neglects to perform required or assigned duties, or refuses or neglects to participate
7in required programming or treatment, the department may extend the release date
8by not more than 90 days.
SB57-SA2,2,109 (b) No extension under par. (a) may require a person to serve more days in
10prison than provided in his or her sentence.
SB57-SA2, s. 34h 11Section 34h. 302.11 (7) (am) of the statutes is amended to read:
SB57-SA2,2,1812 302.11 (7) (am) The reviewing authority may return a parolee released under
13sub. (1) or (1g) (b) or s. 304.02 or 304.06 (1) to prison for a period up to the remainder
14of the sentence or for 6 months, whichever is less, for a violation of the conditions of
15parole. The remainder of the sentence is the entire sentence, less time served in
16custody prior to parole. The period of time may be extended in accordance with sub.
17(2m).
The revocation order shall provide the parolee with credit in accordance with
18ss. 304.072 and 973.155.
SB57-SA2, s. 34p 19Section 34p. 302.11 (7) (b) of the statutes is amended to read:
SB57-SA2,3,220 302.11 (7) (b) A parolee returned to prison for violation of the conditions of
21parole shall be incarcerated for the entire period of time determined by the reviewing
22authority unless paroled earlier under par. (c). The parolee is not subject to
23mandatory release under sub. (1) or presumptive mandatory release under sub. (1g).

1The period of time determined under par. (am) may be extended in accordance with
2subs. (1q) and (2) sub. (2m).
SB57-SA2, s. 34t 3Section 34t. 302.11 (7) (c) of the statutes is amended to read:
SB57-SA2,3,64 302.11 (7) (c) The earned release review commission may subsequently parole,
5under s. 304.06 (1), and the
department may subsequently parole, under s. 304.02,
6a parolee who is returned to prison for violation of a condition of parole.".
SB57-SA2,3,7 73. Page 13, line 17: after that line insert:
SB57-SA2,3,8 8" Section 41m. 302.113 (3m) of the statutes is created to read:
SB57-SA2,3,149 302.113 (3m) (a) The warden or superintendent shall keep a record of the
10conduct of each inmate who is returned to prison after revocation of extended
11supervision, specifying each infraction of the rules. If a person violates any
12regulation of the prison, refuses or neglects to perform required or assigned duties,
13or refuses or neglects to participate in required programming or treatment, the
14department may extend the period imposed under sub. (9) by not more than 90 days.
SB57-SA2,3,1715 (b) No extension under par. (a) may require a person to serve more days in
16prison than the total length of the bifurcated sentence imposed on the person under
17s. 973.01.".
SB57-SA2,3,19 184. Page 14, line 8: delete "any specified period of time that does not exceed" and
19substitute "any specified period of time that does not exceed 6 months or".
SB57-SA2,3,20 205. Page 14, line 9: after "sentence" insert ", whichever is less".
SB57-SA2,3,21 216. Page 14, line 15: after that line insert:
SB57-SA2,3,22 22" Section 43m. 302.113 (9) (b) of the statutes is amended to read:
SB57-SA2,4,623 302.113 (9) (b) A person who is returned to prison after revocation of extended
24supervision shall be incarcerated for the entire period of time specified by the order

1under par. (am). The period of time specified under par. (am) may be extended in
2accordance with sub. (3) (3m). If a person is returned to prison under par. (am) for
3a period of time that is less than the time remaining on the bifurcated sentence, the
4person shall be released to extended supervision after he or she has served the period
5of time specified by the order under par. (am) and any periods of extension imposed
6in accordance with sub. (3) (3m).".
SB57-SA2,4,11 77. Page 27, line 9: delete the material beginning with "prison" and ending with
8"supervision" on line 10 and substitute "prison to continue serving for the remainder
9of
his or her sentence or for 6 months, whichever is less, or may order him or her to
10continue on parole or extended supervision. If the person is ordered returned to
11prison, the period of time may be extended in accordance with s. 302.11 (2m)
.".
SB57-SA2,4,12 128. Page 30, line 13: after that line insert:
SB57-SA2,4,14 13" Section 87m. 973.01 (2) (d) (intro.) of the statutes is repealed and recreated
14to read:
SB57-SA2,4,2215 973.01 (2) (d) Minimum and maximum term of extended supervision. (intro.)
16Except for a Class B felony, a Class C felony, or a crime described in s. 301.45 (1d) (b),
17the term of extended supervision may not be less than 25 percent nor more 75 percent
18of the length of the term of confinement in prison imposed under par. (b). For a Class
19B felony, a Class C felony, or a crime described in s. 301.45 (1d) (b), the term of
20extended supervision may not be less than 25 percent of the term of confinement in
21prison imposed under par. (b) and is subject to whichever of the following limits is
22applicable:".
SB57-SA2,4,23 239. Page 31, line 6: delete that line and substitute:
SB57-SA2,4,24 24" Section 92m. 973.031 of the statutes is amended to read:
SB57-SA2,5,12
1973.031 Risk reduction sentence. Whenever a court imposes a sentence for
2a felony under s. 973.01, the court may order the person it sentences to serve a risk
3reduction sentence if the court determines that a risk reduction sentence is
4appropriate and the person agrees to cooperate in an assessment of his or her
5criminogenic factors and his or her risk of reoffending, and to participate in
6programming or treatment the department develops for the person under s. 302.042
7(1). This section does not apply if the court sentences a person for a violation of s.
8940.03, 940.06, 940.11 (1), 940.235, 940.302, 940.31 (1), 940.32 (3), 941.21, 946.465,
9948.03 (2) (a), or 948.40 (4) (a) or for a felony murder under s. 940.03, an offense
10against an elderly or vulnerable person, as defined in s. 939.22 (20d), an offense
11related to ethical government, as defined in s. 939.22 (20m), or an offense related to
12school safety, as defined in s. 939.22 (20s).
".
SB57-SA2,5,14 1310. Page 33, line 24: delete "This" and substitute "Except as provided in
14subsections (2) and (3), this".
SB57-SA2,5,15 1511. Page 34, line 3: after that line insert:
SB57-SA2,5,18 16"(2) The treatment of sections 302.11 (2m), (7) (am), (b), and (c), 302.113 (3m).
17302.113 (9) (am) and (b), and 304.06 (3) of the statutes first applies to a revocation
18that occurs on the effective date of this subsection.
SB57-SA2,5,2019 (3) The treatment of section 973.01 (2) (d) (intro) of the statutes first applies
20to a person sentenced for a crime committed on the effective date of this subsection.".
SB57-SA2,5,2121 (End)
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