SB 697

2009 Wisconsin Act 28

(the Act) made several changes to the adult correctional

system, most of which took effect on October 1, 2009. Prior to the effective date of

the provisions relating to the adult correctional system (pre-Act), a person who was

imprisoned for a felony he or she committed prior to December 31, 1999, was allowed

to petition the Parole Commission in the Department of Corrections (DOC) to be

released to parole after the person served 25 percent of his or her sentence, or six

months, whichever was greater. The Parole Commission determined whether, and

under what conditions, the person should be released to parole. A person who

committed a felony on or after December 31, 1999, is sentenced to a bifurcated

sentence, with the first portion of the sentence served in confinement and the second

portion served under extended supervision in the community.

Pre-Act, a person who was serving a bifurcated sentence was, with few

exceptions, required to serve the entire confinement portion of his or her sentence

before being released to extended supervision. A person's confinement portion could

have been extended if he or she violated a prison regulation. If a person's

confinement portion was extended for such a violation, the law pre-Act required his

or her extended supervision portion to be reduced so that the total length of the

person's sentence remained unchanged.

The law pre-Act allowed a person who is sentenced to a bifurcated sentence for

a Class C to Class I felony to petition the sentencing court to adjust his or her

sentence and release the person from prison to extended supervision if he or she has

served 85 percent (for Class C to Class E felonies) or 75 percent (for Class F to Class

I felonies) of the confinement portion of the sentence. If a person's confinement

portion was reduced by the sentencing court, the law pre-Act required his or her

extended supervision portion to be extended so that the total length of the person's

sentence remained unchanged. Pre-Act, a person who was released to extended

supervision was required to serve his or her entire sentence before extended

supervision terminated.

The Act eliminates the role of the sentencing court in adjusting sentences and

renamed the Parole Commission the "Earned Release Review Commission" (ERRC).

The Act allows most persons who are incarcerated for a Class C to Class I felony to

earn "positive adjustment time" toward early release from confinement. Under the

Act, the amount of positive adjustment time a person can earn varies depending on

the classification of the felony, the person's history and likelihood of reoffending, and

other factors determined by DOC.

The Act requires DOC to release the person to extended supervision when he

or she serves his entire period of confinement, minus positive adjustment time

earned. Under the Act, if a person's period of confinement is reduced by positive

adjustment time, his or her period of extended supervision is increased so that the