Wisconsin 2019-2020 Regular Session Status: In Committee 3 R cosponsors

SB 754 — Relating to: earned release from parole or extended supervision and discharge from probation. (FE)

Last action — Failed to pass pursuant to Senate Joint Resolution 1

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

101 added · 12 removed

Plain-language change summary

The recent amendment to Senate Bill 754 makes crucial changes regarding probation and parole for individuals convicted of certain violent crimes. Previously, individuals could potentially be discharged early from probation after meeting specific conditions; however, the amendment now specifies that those convicted of violent crimes will not be eligible for early discharge. Additionally, inmates serving sentences for these violent crimes are barred from participating in programs that might allow for early release to parole or extended supervision. This change aims to ensure that individuals who commit serious offenses serve their full sentences, promoting public safety.

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- 2020 LEGISLATURE LRBa1128/1 CMH:wlj SENATE AMENDMENT 1, TO SENATE BILL 754 February 10, 2020 - Offered by SenatorANGGAARD .
- 2020 LEGISLATURE LRB-5481/1 EAW&CMH:amn SENATE BILL 754 January 29, 2020 - Introduced by Senators C RAIG, ACQUE , MARKLEIN, NASS and S TROEBEL, cosponsored by Representatives H UTTON , SANFELIPPO, DITTRICH, D UCHOW , EDMING , GUNDRUM , HORLACHER , JAGLER, JAMES, K ATSMA, KNODL , K UGLITSCH, O TT, PLUMER , R AMTHUN , TITTL and W ICHGERS.
At the locations indicated, amend the bill as follows:
Referred to Committee on Judiciary and Public Safety.
1.
A N A CT to amend 302.045 (2) (c), 302.05 (3) (a) 1., 302.113 (9g) (b) (intro.), 973.01 (3g) and 973.01 (3m);
Page 2, line 7:
and to create 304.02 (1m) and 973.09 (3) (d) 7.
delete lines 7 to 12.
of the statutes;
2.
relating to:
Page 3, line 8:
earned release from parole or extended supervision and discharge from probation.
delete lines 8 to 17.
Analysis by the Legislative Reference Bureau This bill specifies that an individual who is on probation for committing certain violent crimes may not be discharged early from probation, and an individual who is serving a sentence in prison for certain violent crimes does not qualify for programs that allow early release to parole or extended supervision.
3.
Under current law, the court may discharge a person from probation after he or she has completed 50 percent of his or her period of probation if he or she has met all the rules and conditions of probation.
Page 4, line 7:
Under this bill, a person is not eligible to be discharged from probation under this provision if he or she is on probation for certain violent crimes.
after that line insert:
Under current law, the Department of Corrections provides certain programs that allow inmates to qualify for release to parole or extended supervision, regardless of the amount of time that the inmate has served.
“SECTION 7r.Initial applicability.
Under current law, an inmate is ineligible for these programs if he or she is serving a sentence for certain violent crimes.
(1) This act first applies to convictions that occur on the effective date of this subsection.”.
This bill adds certain other violent crimes to the list of crimes that make an inmate ineligible for these programs.
Under current law, an inmate may petition for a reduced term of confinement in prison if that inmate has reached a certain age or has an extraordinary health - 2020 Legislature - 2 - LRB-5481/1 EAW&CMH:amn SENATE BILL 754 condition.
Under this bill, an inmate is ineligible for the reduced term of confinement based on age or an extraordinary health condition if the inmate is serving a sentence for certain violent crimes.
Under current law, DOC may use a special action release program to relieve crowding in state prisons by releasing certain inmates to parole.
Under this bill, an inmate is not eligible for special action release if he or she is serving a sentence for certain violent crimes.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
S ECTION 1.
302.045 (2) (c) of the statutes is amended to read:
302.045 (2) (c) The inmate is incarcerated regarding a violation other than a crime specified in ch.
940 or s.
941.29 (1g) (a);
a crime specified in s.
941.29 (1g) (b), not including s.
951.02, 951.08, 951.09, or 951.095;
or a crime under s.
948.02, 948.025, 948.03, 948.05, 948.051 (3), 948.055, 948.06, 948.07, 948.075, 948.08, 948.085, or 948.095.
S ECTION 2.
302.05 (3) (a) 1.
of the statutes is amended to read:
302.05 (3) (a) 1.
The inmate is incarcerated regarding a violation other than a crime specified in ch.
940 or s.
941.29 (1g) (a);
a crime specified in s.
941.29 (1g) (b), not including s.
951.02, 951.08, 951.09, or 951.095;
or a crime under s.
Show all 94 changed rows (54 more)
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Latest
948.02, 948.025, 948.03, 948.05, 948.051 (3), 948.055, 948.06, 948.07, 948.075, 948.08, 948.085, or 948.095.
S ECTION 3.
302.113 (9g) (b) (intro.) of the statutes is amended to read:
302.113 (9g) (b) (intro.) An inmate who is serving a bifurcated sentence for a crime other than a Class B felony;
a crime specified in s.
941.29 (1g) (a);
a crime specified in s.
941.29 (1g) (b), not including s.
951.02, 951.08, 951.09, or 951.095;
or a crime under s.
948.02 (3), 948.055, 948.075, or 948.095 may seek modification of LRB-5481/1 - 2020 Legislature - 3 - EAW&CMH:amn SECTION 3 SENATE BILL 754 the bifurcated sentence in the manner specified in par.
(f) if he or she meets one of the following criteria:
SECTION 4.
304.02 (1m) of the statutes is created to read:
304.02(1m) A person who is serving a sentence for a crime specified in s.
941.29 (1g) (a);
a crime specified in s.
941.29 (1g) (b), not including s.
951.02, 951.08, 951.09, or 951.095;
or a crime under s.
948.02 (3), 948.055, 948.075, or 948.095 is not eligible for special action release under this section.
SECTION 5.
973.01 (3g) of the statutes is amended to read:
973.01 (3g) EARNED RELEASE PROGRAM ELIGIBILITWhen imposing a bifurcated sentence under this section on a person convicted of a crime other than a crime specified in ch.
940 or s.
941.29 (1g) (a);
a crime specified in s.
941.29 (1g) (b), not including s.
951.02, 951.08, 951.09, or 951.095;
or a crime under s.
948.02, 948.025, 948.03, 948.05, 948.051 (3), 948.055, 948.06, 948.07, 948.075, 948.08, 948.085, or 948.095, the court shall, as part of the exercise of its sentencing discretion, decide whether the person being sentenced is eligible or ineligible to participate in the earned release program under s.
302.05 (3) during the term of confinement in prison portion of the bifurcated sentence.
SECTION 6.
973.01 (3m) of the statutes is amended to read:
973.01 (3m) C HALLENGE INCARCERATION PROGRAM ELIGIBILITWhen imposing a bifurcated sentence under this section on a person convicted of a crime other than a crime specified in ch.
940 or s.
941.29 (1g) (a);
a crime specified in s.
941.29 (1g) (b), not including s.
951.02, 951.08, 951.09, or 951.095;
or a crime under s.
948.02, 948.025, 948.03, 948.05, 948.051 (3), 948.055, 948.06, 948.07, 948.075, 948.08, 948.085, or 948.095, the court shall, as part of the exercise of its sentencing discretion, decide whether the person being sentenced is eligible or ineligible for the - 2020 Legislature - 4 - LRB-5481/1 EAW&CMH:amn SENATE BILL 754 SECTION 6 challenge incarceration program under s.
302.045 during the term of confinement in prison portion of the bifurcated sentence.
SECTION 7.
973.09 (3) (d) 7.
of the statutes is created to read:
973.09 (3) (d) 7.
The probationer is on probation for a violation other than a crime specified in s.
941.29 (1g) (a);
a crime specified in s.
941.29 (1g) (b), not including s.
951.02, 951.08, 951.09, or 951.095;
or a crime under s.
948.02 (3), 948.055, 948.075, or 948.095.
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Action History

  1. Failed to pass pursuant to Senate Joint Resolution 1

  2. Fiscal estimate received

  3. Available for scheduling

  4. Report passage as amended recommended by Committee on Judiciary and Public Safety, Ayes 3, Noes 2

  5. Report adoption of Senate Amendment 1 recommended by Committee on Judiciary and Public Safety, Ayes 4, Noes 1

  6. Executive action taken

  7. Senate Amendment 1 offered by Senator Wanggaard

  8. Fiscal estimate received

  9. Fiscal estimate received

  10. Public hearing held

  11. Read first time and referred to Committee on Judiciary and Public Safety

  12. Introduced by Senators Craig, Jacque, Marklein, Nass and Stroebel; cosponsored by Representatives Hutton, Sanfelippo, Dittrich, Duchow, Edming, Gundrum, Horlacher, Jagler, James, Katsma, Knodl, Kuglitsch, Ott, Plumer, Ramthun, Tittl and Wichgers

Sponsors

Sponsorship breakdown

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5 sponsors · 0 co-sponsors · 127 not signed on

Sponsors (5)

Co-sponsors (0)

None.

Not signed on (127)

127 members have not signed on to this bill.

Show all 127 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Votes

Subjects

public-safety labor
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Frequently asked questions

Who sponsors SB 754?
SB 754 is sponsored by Craig, Stroebel, Nass, Steve (Republican), Marklein, Howard (Republican), and Jacque, André (Republican).
What is the current status of SB 754?
This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 754?
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