2011 Wisconsin Code
Chapter 302. Prisons; state, county and municipal.
302.1135 Release to extended supervision for extraordinary health circumstances.

302.1135

302.1135 Release to extended supervision for extraordinary health circumstances.

302.1135(1)

(1) In this section:

302.1135(1)(a)

(a) "Commission" means the earned release review commission under s. 15.145.

302.1135(1)(b)

(b) "Extraordinary health condition" means a condition afflicting a person, such as advanced age, infirmity, or disability of the person or a need for medical treatment or services not available within a correctional institution.

302.1135(2)

(2) An inmate who is serving a bifurcated sentence imposed under s. 973.01 or, notwithstanding s. 973.014 (1g) (a) or (2), an inmate who is serving a life sentence imposed under s. 973.014 may seek modification of the sentence in the manner specified in sub. (6) if he or she meets one of the following criteria:

302.1135(2)(a)

(a) The inmate is 65 years of age or older and has served at least 5 years of the term of confinement in prison portion of the bifurcated sentence for a sentence imposed under s. 973.01 or has served at least 5 years in prison for a life sentence imposed under s. 973.014.

302.1135(2)(b)

(b) The inmate is 60 years of age or older and has served at least 10 years of the term of confinement in prison portion of the bifurcated sentence for a sentence imposed under s. 973.01 or has served at least 10 years in prison for a life sentence imposed under s. 973.014.

302.1135(2)(c)

(c) The inmate has an extraordinary health condition.

302.1135(3)

(3) An inmate who meets the criteria under sub. (2) may submit a petition to the commission requesting a modification of the inmate's sentence in the manner specified in sub. (6). If the inmate alleges in the petition that he or she has an extraordinary health condition, the inmate shall attach to the petition affidavits from 2 physicians setting forth a diagnosis that the inmate has an extraordinary health condition.

302.1135(4)

(4) When the commission receives under sub. (3) an inmate's petition for modification of the inmate's sentence, the commission shall set a hearing to determine whether the public interest would be served by a modification of the inmate's sentence in the manner specified in sub. (6). The inmate and the district attorney have the right to be present at the hearing, and any victim of the inmate's crime has the right to be present at the hearing and to provide a statement concerning the modification of the inmate's sentence. The commission shall order such notice of the hearing date as it considers adequate to be given to the inmate, the attorney representing the inmate, if applicable, and the district attorney. Victim notification shall be provided as specified under sub. (7).

302.1135(5)

(5) At a hearing scheduled under sub. (4), the inmate has the burden of proving by the greater weight of the credible evidence that a modification of the sentence in the manner specified in sub. (6) would serve the public interest. If the inmate proves that a modification of the sentence in the manner specified in sub. (6) would serve the public interest, the commission shall modify the inmate's sentence in that manner. If the inmate does not prove that a modification of the sentence in the manner specified in sub. (6) would serve the public interest, the commission shall deny the inmate's petition for modification of the sentence.

302.1135(6)

(6) The commission may modify an inmate's sentence under this section only as follows:

302.1135(6)(a)

(a) If the inmate was sentenced to a bifurcated sentence under s. 973.01, the commission shall do all of the following:

302.1135(6)(a)1.

1. Reduce the term of confinement in prison portion of the inmate's bifurcated sentence in a manner that provides for the release of the inmate to extended supervision within 30 days after the date on which the commission modifies the bifurcated sentence.

302.1135(6)(a)2.

2. Lengthen the term of extended supervision imposed so that the total length of the bifurcated sentence originally imposed does not change.

302.1135(6)(b)

(b) If the inmate was sentenced to life imprisonment under s. 973.014, notwithstanding s. 973.014 (1g) (a) or (2), the commission shall release the inmate to extended supervision within 30 days after the date on which the commission modifies the sentence and shall impose the term of extended supervision so that the total length of the sentence originally imposed does not change.

302.1135(7)

(7)

302.1135(7)(a)

(a) In this subsection, "victim" has the meaning given in s. 950.02 (4).

302.1135(7)(b)

(b) When the commission sets a hearing date under sub. (4), the commission shall send a notice of hearing to the victim of the crime committed by the inmate, if the victim has submitted a card under par. (c) requesting notification. The notice shall inform the victim that he or she may appear at the hearing scheduled under sub. (4) and shall inform the victim of the manner in which he or she may provide a statement concerning the modification of the inmate's sentence in the manner provided in sub. (6). The commission shall make a reasonable attempt to send the notice of hearing to the last-known address of the inmate's victim, postmarked at least 10 days before the date of the hearing.

302.1135(7)(c)

(c) The commission shall design and prepare cards for a victim to send to the commission. The cards shall have space for a victim to provide his or her name and address, the name of the applicable inmate, and any other information that the commission determines is necessary. The commission shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to victims. Victims may send completed cards to the commission. All commission records or portions of records that relate to mailing addresses of victims are not subject to inspection or copying under s. 19.35 (1). Before any written statement of a victim is made a part of the documentary record considered in connection with a hearing under this section, the commission shall obliterate from the statement all references to the mailing addresses of the victim. A victim who attends an interview or hearing under this section may not be required to disclose at the interview or hearing his or her mailing addresses.

302.1135(8)

(8) An inmate may seek review of a decision under sub. (5) to deny the inmate's petition for modification of the inmate's sentence only by the common law writ of certiorari. The state may appeal a decision under sub. (5) to grant an inmate's petition for a modification of the inmate's sentence. In an appeal under this subsection, the reviewing court may reverse a decision granting or denying a petition for modification of a sentence only if it determines that the commission erroneously exercised its discretion in granting or denying the petition.

302.1135(9)

(9) If the commission denies an inmate's petition under sub. (5), the inmate may not file another petition within one year after the date of the denial.

302.1135(10)

(10) An inmate eligible to seek modification of his or her sentence under this section has a right to be represented by counsel in proceedings under this section. An inmate, or the department on the inmate's behalf, may apply to the state public defender for determination of indigency and appointment of counsel under s. 977.05 (4) (jm) before or after the filing of a petition with the commission under sub. (3).

302.1135 - ANNOT.

History: 2009 a. 28 ss. 2729j to 2738, 2739d to 2739j.