Assembly Bill 86
Corrections and sentencing
Topics: Crime and criminals: Felony, Earned Release Review Commission, Parole or probation, Sentences and penalties
Stopped before the full Assembly voted
The recommended passing it, but the full Assembly never voted on it. To try again, a lawmaker would have to start a new bill.
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Introduced, passed
Apr 7, 2011
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Committee, passed
Approved
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Assembly vote, stopped here
Stopped here. The full Assembly never voted on it.
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Senate vote, not reached
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Governor, not reached
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Law, not reached
Latest entry in the official record, Mar 23, 2012: “Failed to pass pursuant to ”
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Terms on this page
Committee
A small group of lawmakers that looks at a bill first. Most bills never leave committee.
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate. More in the glossary
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote. More in the glossary
What it would have done
Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.
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.
Read the full summary Show less
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 renamed the parole commission the earned release review commission (ERRC) and 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 allows DOC to release the person to extended supervision when he or she serves his entire period of confinement, minus positive adjustment time earned, subject to court review. 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 length of the sentence does not change. The Act requires the ERRC to perform the duties previously performed by the parole commission and to review petitions for early release from confinement.
Under the Act, the sentencing court could, at the time of sentencing, order a person to serve a risk reduction sentence. A person serving a risk reduction sentence could be eligible for early release to extended supervision if he or she complies with a treatment plan developed for the person by DOC.
Pre-Act, persons who had committed most felonies were allowed to petition the sentencing court for release to extended supervision for the remaining term of his or her sentence if the person had a terminal condition, reached age 65 after serving at least five years of his or her term of confinement portion, or reached age 60 after serving at least ten years of his or her term of confinement portion.
Under the Act, the petition may also be filed by a person with any serious health condition and must be submitted to the ERRC instead of to the sentencing court. In addition, under the Act, DOC may release to extended supervision any person serving the confinement portion of a bifurcated sentence if the person is not confined following a violent offense, the person is believed to be able to live in the community without assaulting another, and the release will not be more than 12 months before the date that the person otherwise would be eligible for release to extended supervision. If DOC releases a person, his or her term of extended supervision must be extended by the length of time he or she was originally sentenced to confinement so that the total length of the sentence does not change.
Pre-Act, if a person sentenced to a bifurcated sentence violated any condition of his or her release to extended supervision, the person's extended supervision was revoked, he or she was returned to prison, and the division of hearings and appeals within DOA or DOC (reviewing authority) made a recommendation to the court that convicted the person as to how long the person should remain in prison. After it received the reviewing authority's recommendation, the court was allowed to order the person to remain in prison for a period that did not exceed the time remaining on his or her bifurcated sentence.
Under the Act, the reviewing authority determines how long to imprison the person whose extended supervision is revoked and enters its own order for the person to remain in prison for a period that does not exceed the time remaining on his or her bifurcated sentence.
This bill eliminates positive adjustment time and risk reduction sentences, restores the parole commission, eliminates the ERRC, and returns the sentencing provisions, and most of the provisions relating to early release from confinement to pre-Act law. Under the bill, a person may petition the sentencing court for release to extended supervision for the remaining term of his or her sentence if the person has an extraordinary health condition, reaches age 65 after serving at least five years of his or her term of confinement portion, or reaches age 60 after serving at least ten years of his or her term of confinement portion.
Under the bill, a person who was sentenced after October 1, 2009, but before the effective date of the bill, and who earned positive adjustment time during that period may petition the sentencing court for an early release to extended supervision. If the sentencing court agrees to reduce the confinement portion of the person's sentence by the number of positive adjustment time days he or she earned, the sentencing court must increase the term of extended supervision by the same number of days.
Under the bill, a person who was sentenced to a risk reduction sentence after October 1, 2009, but before the effective date of the bill and who complied with the program plan developed by DOC may be released to extended supervision after he or she serves at least 75 percent of the confinement portion of his or her sentence.
Who's behind it
28 lawmakers are its . 27 are Republicans and 1 is a Independent.
7 more lawmakers .
See all 35 names Hide the names
Authors (28)
- Garey Bies · Republican, Assembly
- Edward Brooks · Republican, Assembly
- Mike Endsley · Republican, Assembly
- Mark Honadel · Republican, Assembly
- André Jacque · Republican, Senate
- Dean Kaufert · Republican, Assembly
- Steve Kestell · Republican, Assembly
- Joel Kleefisch · Republican, Assembly
- John Klenke · Republican, Assembly
- Dan Knodl · Republican, Assembly
- Scott Krug · Republican, Assembly
- Daniel LeMahieu · Republican, Assembly
- Howard Marklein · Republican, Senate
- Jeff Mursau · Republican, Assembly
- John Murtha · Republican, Assembly
- Kevin Petersen · Republican, Assembly
- Warren Petryk · Republican, Assembly
- Keith Ripp · Republican, Assembly
- Roger Rivard · Republican, Assembly
- Erik Severson · Republican, Assembly
- Richard Spanbauer · Republican, Assembly
- Jim Steineke · Republican, Assembly
- Jeffrey Stone · Republican, Assembly
- Pat Strachota · Republican, Assembly
- Scott Suder · Republican, Assembly
- Thomas Larson · Republican, Assembly
- Jeremy Thiesfeldt · Republican, Assembly
- Bob Ziegelbauer · Independent, Assembly
Signed on in support (7)
- Paul F. Farrow · Republican, Senate
- Pam Galloway · Republican, Senate
- Joe Leibham · Republican, Senate
- Terry Moulton · Republican, Senate
- Van Wanggaard · Republican, Senate
- Mary Williams · Republican, Assembly
- Rich Zipperer · Republican, Senate
What it would cost
State agencies filed a . Each opens as a PDF from the Legislature.
Versions and amendments
Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.
How lawmakers voted
There was one vote on this bill.
Assembly Committee on Criminal Justice and Corrections vote on an amendment
Passed, 5 to 3 · May 12, 2011
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Report Assembly Amendment 1 adoption recommended by committee on Criminal Justice and Corrections, Ayes 5, Noes 3”. Official record · This vote on its own page
What happened
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Mar 23, 2012
The session ended, and the bill died with it.
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May 17, 2011
“Placed at the foot of the calendar of 5-17-2011” (the official wording)
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May 12, 2011
Sent to the Assembly Committee on Rules.
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May 12, 2011
The committee voted to recommend passing it, 5 to 3.
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May 6, 2011
A state agency sent in its estimate of the cost.
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May 5, 2011
The committee held a public hearing.
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Apr 25, 2011
A state agency sent in its estimate of the cost.
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Apr 15, 2011
1 more representative signed on in support.
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Apr 15, 2011
A state agency sent in its estimate of the cost.
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Apr 7, 2011
1 more representative signed on in support.
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Apr 7, 2011
Sent to the Assembly Committee on Criminal Justice and Corrections.
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Apr 7, 2011
Introduced in the Assembly.
See the official record, word for word Hide the official record
- Apr 7, 2011 · Assembly
Introduced by Representatives Suder, Krug, Jacque, Petersen, Spanbauer, Ziegelbauer, Steineke, Severson, T. Larson, Kestell, Mursau, Thiesfeldt, LeMahieu, Strachota, Kleefisch, Murtha, Endsley, Marklein, Rivard, Honadel, Bies, Kaufert, Stone, Brooks, Petryk, Ripp, Knodl and Klenke;Cosponsored by Senators Wanggaard, Leibham, Moulton, Zipperer and Galloway
- Apr 7, 2011 · Assembly
Read first time and referred to committee on Criminal Justice and Corrections
- Apr 7, 2011 · Assembly
Representative Williams added as a coauthor
- Apr 15, 2011 · Assembly
Fiscal estimate received
- Apr 15, 2011 · Assembly
Fiscal estimate received
- Apr 15, 2011 · Assembly
Representative Farrow added as a coauthor
- Apr 25, 2011 · Assembly
Fiscal estimate received
- May 5, 2011 · Assembly
Public hearing held
- May 6, 2011 · Assembly
Fiscal estimate received
- May 12, 2011 · Assembly
Executive action taken
- May 12, 2011 · Assembly
Assembly amendment 1 offered by committee on Criminal Justice and Corrections
- May 12, 2011 · Assembly
Report Assembly Amendment 1 adoption recommended by committee on Criminal Justice and Corrections, Ayes 5, Noes 3
- May 12, 2011 · Assembly
Report passage as amended recommended by committee on Criminal Justice and Corrections, Ayes 5, Noes 3
- May 12, 2011 · Assembly
Referred to committee on Rules
- May 12, 2011 · Assembly
Placed on calendar 5-17-2011 by committee on Rules
- May 17, 2011 · Assembly
LRB correction
- May 17, 2011 · Assembly
Placed at the foot of the calendar of 5-17-2011
- May 17, 2011 · Assembly
Assembly amendment 2 offered by Representative Radcliffe
- May 17, 2011 · Assembly
Assembly amendment 3 offered by Representative Radcliffe
- Sep 13, 2011 · Assembly
Laid on the table
- Mar 23, 2012 · Assembly
Failed to pass pursuant to Senate Joint Resolution 1
Terms on this page
Committee
A small group of lawmakers that looks at a bill first. Most bills never leave committee.
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate. More in the glossary
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote. More in the glossary
From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source
Committee
A small group of lawmakers that looks at a bill first. Most bills never leave committee.
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote