D) The bill allows DOC to take custody of a person who is on extended
supervision in order to investigate an alleged violation of a condition of extended
supervision. The bill also provides that, if a person on extended supervision admits
that the or she has violated a condition or rule of extended supervision, DOC may,
as a sanction for the violation, confine the person for not more than 90 days in a DOC
regional detention facility or, with the consent of the sheriff, in a county jail.
E) The bill changes the procedure for revoking extended supervision by
requiring that a court determine how long to send a person back to prison after his
or her extended supervision is revoked. Under the bill, DOC or the administrative
law judge who made the revocation decision must make a recommendation to the
court concerning the amount of time for which the person should be returned to
prison. The court then reviews the recommendation and makes the final decision as
to the amount of time for which the person is returned to prison.
F) The bill creates a procedure by which DOC or a person on extended
supervision may petition a court to modify the conditions of extended supervision set
by the court. The court may hold a hearing on a petition to modify extended
supervision and may grant the petition if it determines that the requested
modification would meet the needs of DOC and the public and would be consistent
with the objectives of the person's bifurcated sentence.
G) The bill creates a procedure by which certain older prisoners who have been
given a bifurcated sentence may petition the sentencing court for a modification of
the terms of the sentence. The procedure is available to prisoners who are 65 years
of age or older and have served at least five years of the term of confinement in prison
portion of their bifurcated sentence and to prisoners who are 60 years of age or older
and have served at least ten years of the term of confinement in prison portion of the
bifurcated sentence.
Under the procedure, the prisoner files a petition with the prison's program
review committee, which may then refer the petition to the sentencing court if it finds
that the public interest would be served by a modification of the prisoner's bifurcated
sentence. If a petition is referred to a sentencing court, the court must determine
whether the public interest would be served by a modification of the prisoner's
bifurcated sentence. The victim of the prisoner's crime has a right to provide a
statement concerning the modification of the sentence.
If the court decides that the public interest would be served by such a
modification, the court must modify the sentence by: 1) reducing the term of
confinement in prison portion of the sentence to a number that provides for the
release of the prisoner to extended supervision; and 2) increasing the term of
extended supervision of the prisoner by the same number, so that the total length of
the bifurcated sentence does not change.
H) The bill clarifies that, if a misdemeanor offender may be sentenced to prison
because of the application of a sentence enhancer and the court decides to sentence
the person to prison, the court must impose a bifurcated sentence. In sentencing a
person to prison in such a case, the term of confinement in prison portion of the
sentence may not constitute more than 75% of the total bifurcated sentence.
Sentences of life imprisonment
If a person is sentenced to life imprisonment for an offense committed before
December 31, 1999, the person usually must serve 20 years minus time calculated
under the mandatory release formula before he or she is eligible for release on parole.
If the person does not receive extensions due to violations of prison rules, he or she
reaches parole eligibility after serving 13 years, four months. However, a court may
set a parole eligibility date for a person serving a life sentence that is later than the
usual parole eligibility date or may provide that the person is not eligible for parole.
No person serving a life sentence of any kind is entitled to mandatory release on
parole.
If a person is sentenced to life imprisonment for a crime committed on or after
December 31, 1999, he or she is not eligible for parole. Instead, the court who is
sentencing the person to life imprisonment must do one of the following: 1) provide
that the person is eligible for release to extended supervision after serving 20 years;
2) set a date on which the person becomes eligible for extended supervision, as long
as that date requires the person to serve at least 20 years; or 3) provide that the
person is not eligible for extended supervision. If the court provides that the person
is eligible for extended supervision, the person may petition the sentencing court for
release to extended supervision on or after the extended supervision eligibility date.
A person sentenced to life who is released to extended supervision is on extended
supervision for the remainder of his or her life and, like a person on extended
supervision under a bifurcated sentence (see above, The structure of felony
sentences, item 2-C), may have his or her extended supervision revoked in an
administrative proceeding and be returned to prison if he or she violates a condition
of extended supervision or a rule promulgated by DOC relating to extended
supervision. A person returned to prison after a revocation of extended supervision
may not petition for rerelease to extended supervision until he or she has served a
period of time back in prison. The time period, which must be at least five years, is
determined by an administrative law judge or, if the person waived a revocation
hearing, by DOC.
This bill allows DOC to take custody of a person who is on extended supervision
under a life sentence in order to investigate an alleged violation of a condition of
extended supervision. The bill also provides that, if a person on extended supervision
admits that he or she has violated a condition or rule of extended supervision, DOC
may, as a sanction for the violation, confine the person for not more than 90 days in
a DOC regional detention facility or, with the consent of the sheriff, in a county jail.
In addition, the bill changes the procedure for revoking extended supervision by
requiring that a court determine how long to send a person back to prison after his
or her extended supervision is revoked. Under the bill, DOC or the administrative
law judge who made the revocation decision must make a recommendation to the
court concerning the amount of time for which the person should be returned to
prison. The court then reviews the recommendation and makes the final decision as
to the amount of time for which the person is returned to prison. Both the
recommendation and the court's final decision must provide for the person to be
returned to prison for at least five years.
Sentencing commission
The bill creates a sentencing commission (commission) consisting of 17 voting
members and three nonvoting members, all of whom serve three year terms. Under
the bill, the commission is responsible for studying sentencing practices throughout
the state. Using the information it obtains, the commission must adopt advisory
sentencing guidelines for use by judges when imposing sentences for felonies
committed on or after December 31, 1999. The commission must also assist the
legislature in assessing the cost of changes in statutes affecting criminal sentencing
and provide information regarding sentencing to judges, lawyers, state agencies, the
legislature. In addition, the commission must study whether race is a basis for
imposing sentences in criminal cases and submit a report and recommendations on
this issue to the governor, the legislature and the supreme court. The duties of the
commission end on December 31, 2004.
For further information see the state and local 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:
AB465, s. 1
1Section
1. 6.18 of the statutes is amended to read:
AB465,16,3
26.18 Former residents. If ineligible to qualify as an elector in the state to
3which the elector has moved, any former qualified Wisconsin elector may vote an
4absentee ballot in the ward of the elector's prior residence in any presidential election
5occurring within 24 months after leaving Wisconsin by requesting an application
6form and returning it, properly executed, to the municipal clerk of the elector's prior
7Wisconsin residence. When requesting an application form for an absentee ballot,
1the applicant shall specify the applicant's eligibility for only the presidential ballot.
2The application form shall require the following information and be in substantially
3the following form:
AB465,16,74
This blank shall be returned to the municipal clerk's office. Application must
5be received in sufficient time for ballots to be mailed and returned prior to any
6presidential election at which applicant wishes to vote. Complete all statements in
7full.
AB465,16,88
APPLICATION FOR PRESIDENTIAL
AB465,16,99
ELECTOR'S ABSENT BALLOT.
AB465,16,1010
(To be voted at the Presidential Election
AB465,16,1111
on November ...., .... (year)
AB465,16,2012
I, .... hereby swear or affirm that I am a citizen of the United States, formerly
13residing at .... in the .... ward .... aldermanic district (city, town, village) of ...., County
14of .... for 10 days prior to leaving the State of Wisconsin. I, .... do solemnly swear or
15affirm that I do not qualify to register or vote under the laws of the State of ....(State
16you now reside in) where I am presently residing. A citizen must be a resident of:
17State ....(Insert time) County ....(Insert time) City, Town or Village ....(Insert time),
18in order to be eligible to register or vote therein. I further swear or affirm that my
19legal residence was established in the State of ....(the State where you now reside)
20on .... Month .... Day .... Year.
AB465,16,2121
Signed ....
AB465,16,2222
Address ....(Present address)
AB465,16,2323
....(City) ....(State)
AB465,16,2424
Subscribed and sworn to before me this .... day of .... .... (year)
AB465,16,2525
....(Notary Public, or other officer authorized to administer oaths.)
AB465,17,22
My Commission expires
AB465,17,33
MAIL BALLOT TO:
AB465,17,66
CITY .... STATE .... ZIP CODE ....
AB465,17,11
7Penalties for Violations. Whoever swears falsely to any absent elector affidavit
8under this section may be fined not more than $1,000 or imprisoned
for not more than
96 months
, or both. Whoever intentionally votes more than once in an election may
10be fined not more than $10,000 or imprisoned
for not more than 3 years
, and 6 months 11or both.
AB465,17,1212
....(Municipal Clerk)
AB465,17,1313
....(Municipality)
AB465,17,1916
11.61
(1) (a) Whoever intentionally violates s. 11.05 (1), (2), (2g) or (2r), 11.07
17(1) or (5), 11.10 (1), 11.12 (5), 11.23 (6) or 11.24 (1)
may be fined not more than $10,000
18or imprisoned for not more than 4 years and 6 months or both is guilty of a Class I
19felony.
AB465,18,222
11.61
(1) (b) Whoever intentionally violates s. 11.25, 11.26, 11.27 (1), 11.30 (1)
23or 11.38
where is guilty of a Class I felony if the intentional violation does not involve
24a specific figure
, or
where if the intentional violation concerns a figure which exceeds
1$100 in amount or value
may be fined not more than $10,000 or imprisoned for not
2more than 4 years and 6 months or both.
AB465,18,75
12.60
(1) (a) Whoever violates s. 12.09, 12.11 or 12.13 (1), (2) or (3) (a), (e), (f),
6(j), (k), (L), (m), (y) or (z)
may be fined not more than $10,000 or imprisoned for not
7more than 4 years and 6 months or both is guilty of a Class I felony.
AB465,18,21
1013.05 Logrolling prohibited. Any member of the legislature who gives,
11offers or promises to give his or her vote or influence in favor of or against any
12measure or proposition pending or proposed to be introduced
, in the legislature in
13consideration or upon condition that any other person elected to the same legislature
14will give or will promise or agree to give his or her vote or influence in favor of or
15against any other measure or proposition pending or proposed to be introduced in
16such legislature, or who gives, offers or promises to give his or her vote or influence
17for or against any measure on condition that any other member will give his or her
18vote or influence in favor of any change in any other bill pending or proposed to be
19introduced in the legislature
may be fined not less than $500 nor more than $1,000
20or imprisoned for not less than one year nor more than 4 years and 6 months or both,
21is guilty of a Class I felony.
AB465,19,10
2413.06 Executive favor. Any member of the legislature who gives, offers or
25promises to give his or her vote or influence in favor of or against any measure or
1proposition pending or proposed to be introduced in the legislature, or that has
2already been passed by either house of the legislature, in consideration of or on
3condition that the governor approve, disapprove, veto or sign, or agree to approve,
4disapprove, veto or sign, any other measure or proposition pending or proposed to be
5introduced in the legislature or that has already been passed by the legislature, or
6either house thereof, or in consideration or upon condition that the governor
7nominate for appointment or appoint or remove any person to or from any office or
8position under the laws of this state,
may be fined not less than $500 nor more than
9$1,000 or imprisoned for not less than one year nor more than 3 years or both is guilty
10of a Class I felony.
AB465,19,1713
13.69
(6m) Any principal, lobbyist or other individual acting on behalf of a
14principal who files a statement under s. 13.63 (1), 13.64, 13.65, 13.67 or 13.68 which
15he or she does not believe to be true
may be fined not more than $10,000 or
16imprisoned for not more than 7 years and 6 months or both is guilty of a Class H
17felony.
AB465, s. 8
18Section
8. 15.01 (2) of the statutes is amended to read:
AB465,20,419
15.01
(2) "Commission" means a 3-member governing body in charge of a
20department or independent agency or of a division or other subunit within a
21department, except for the Wisconsin waterways commission which shall consist of
225 members, the parole commission which shall consist of 6 members and the Fox
23river management commission which shall consist of 7 members. A Wisconsin group
24created for participation in a continuing interstate body, or the interstate body itself,
25shall be known as a "commission", but is not a commission for purposes of s. 15.06.
1The parole commission created under s. 15.145 (1) shall be known as a "commission",
2but is not a commission for purposes of s. 15.06.
The sentencing commission created
3under s. 15.105 (26) shall be known as a "commission" but is not a commission for
4purposes of s. 15.06 (1) to (4m), (7) and (9).
AB465, s. 9
5Section
9. 15.105 (26) of the statutes is created to read:
AB465,20,86
15.105
(26) Sentencing commission. (a)
Creation; membership. There is
7created a sentencing commission which is attached to the department of
8administration under s. 15.03 and which shall consist of the following members:
AB465,20,99
1. The attorney general or his or her designee.
AB465,20,1010
2. The state public defender or his or her designee.
AB465,20,1211
3. Seven members, at least 2 of whom are not employed by any unit of federal,
12state or local government, appointed by the governor.
AB465,20,1413
4. One majority party member from each house of the legislature, appointed
14as are the members of standing committees in their respective houses.
AB465,20,1715
5. One member appointed by the senate majority leader or, if the senate
16majority leader and the governor are members of the same political party, by the
17senate minority leader.
AB465,20,1818
6. Two circuit judges, appointed by the supreme court.
AB465,20,2019
7. One representative of crime victims and one district attorney, each appointed
20by the attorney general.
AB465,20,2221
8. One attorney in private practice engaged primarily in the practice of criminal
22defense, appointed by the criminal law section of the State Bar of Wisconsin.
AB465,20,2523
(b)
Nonvoting members. The secretary of corrections or his or her designee, the
24chairperson of the parole commission or his or her designee and the director of state
25courts or his or her designee shall be nonvoting members of the commission.
AB465,21,2
1(c)
Terms. 1. Except as provided in subd. 2., members appointed under par. (a)
23. and 5. to 8. shall serve 3-year terms and are eligible for reappointment.
AB465,21,53
2. The term of a circuit judge appointed under par. (a) 6. shall end when such
4person ceases to be a circuit judge. The term of a district attorney appointed under
5par. (a) 7. shall end when such person ceases to be a district attorney.
AB465,21,86
(d)
Officers. The governor shall designate annually one of the members of the
7commission as chairperson. The commission may elect officers other than a
8chairperson from among its members as its work requires.
AB465,21,159
(e)
Reimbursement and compensation. Members of the commission shall be
10reimbursed for their actual and necessary expenses incurred in the performance of
11their duties. An officer or employe of the state shall be reimbursed by the agency that
12pays the member's salary. Members who are full-time state officers or employes
13shall receive no compensation for their services. Other members shall be paid $25
14per day, in addition to their actual and necessary expenses, for each day on which
15they are actually and necessarily engaged in the performance of their duties.
AB465,21,1616
(f)
Sunset. This subsection does not apply after December 31, 2004.
AB465, s. 10
17Section
10. 19.42 (10) (o) of the statutes is created to read:
AB465,21,1918
19.42
(10) (o) A member, the executive director or the deputy director of the
19sentencing commission.
AB465, s. 11
20Section
11. 19.42 (13) (n) of the statutes is created to read:
AB465,21,2221
19.42
(13) (n) The position of member, executive director or deputy director of
22the sentencing commission.
AB465, s. 12
23Section
12. 20.005 (3) (schedule) of the statutes: at the appropriate place,
24insert the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
AB465, s. 13
1Section
13. 20.505 (4) (dr) of the statutes is created to read:
AB465,22,42
20.505
(4) (dr)
Sentencing commission. The amounts in the schedule for the
3general program operations of the sentencing commission. No money may be
4encumbered from the appropriation under this paragraph after December 31, 2004.
AB465, s. 14
5Section
14. 20.505 (4) (mr) of the statutes is created to read:
AB465,22,96
20.505
(4) (mr)
Sentencing commission; federal aid. All moneys received as
7federal aid as authorized by the governor under s. 16.54 to carry out the purposes for
8which the aid is provided. No money may be encumbered from the appropriation
9under this paragraph after December 31, 2004.
AB465, s. 15
10Section
15. 20.923 (4) (b) 7. of the statutes is created to read:
AB465,22,1111
20.923
(4) (b) 7. Sentencing commission: executive director.
AB465, s. 16
12Section
16. 20.923 (6) (hr) of the statutes is created to read:
AB465,22,1313
20.923
(6) (hr) Sentencing commission: deputy director.
AB465,23,216
23.33
(13) (cg)
Penalties related to causing death or injury; interference with
17signs and standards. A person who violates sub. (8) (f) 1.
shall be fined not more than
18$10,000 or imprisoned for not more than 3 years or both is guilty of a Class H felony
1if the violation causes the death or injury, as defined in s. 30.67 (3) (b), of another
2person.
AB465,23,75
26.14
(8) Any person who intentionally sets fire to the land of another or to a
6marsh
shall be fined not more than $10,000 or imprisoned for not more than 7 years
7and 6 months or both is guilty of a Class H felony.
AB465,23,1310
29.971
(1) (c)
For A person having fish in his or her possession in violation of
11this chapter
and is guilty of a Class I felony if the value of the fish under par. (d)
12exceeds $1,000
, by a fine of not more than $10,000 or imprisonment for not more than
133 years or both.
AB465,23,1816
29.971
(1m) (c)
For A person possessing clams in violation of s. 29.537
,
is guilty
17of a Class I felony if the value of the clams under par. (d) exceeds $1,000
, by a fine
18of not more than $10,000 or imprisonment for not more than 3 years or both.