CHAPTER 973
SENTENCING
973.01 Bifurcated sentence of imprisonment and extended supervision.
973.013 Indeterminate sentence; Wisconsin state prisons.
973.0135 Sentence for certain serious felonies; parole eligibility determination.
973.014 Sentence of life imprisonment; parole eligibility determination; extended supervision eligibility determination.
973.015 Special disposition.
973.017 Bifurcated sentences; use of guidelines; consideration of aggravating and mitigating factors.
973.02 Place of imprisonment when none expressed.
973.031 Risk reduction sentence.
973.032 Sentence to intensive sanctions program.
973.0335 Sentencing; restriction on possession of body armor.
973.035 Transfer to state-local shared correctional facilities.
973.04 Credit for imprisonment under earlier sentence for the same crime.
973.042 Child pornography surcharge.
973.043 Drug offender diversion surcharge.
973.045 Crime victim and witness assistance surcharge.
973.046 Deoxyribonucleic acid analysis surcharge.
973.047 Deoxyribonucleic acid analysis requirements.
973.048 Sex offender reporting requirements.
973.049 Sentencing; restrictions on contact.
973.055 Domestic abuse surcharges.
973.06 Costs, fees, and surcharges.
973.07 Failure to pay fine, fees, surcharges, or costs or to comply with certain community service work.
973.075 Forfeiture of property derived from crime and certain vehicles.
973.076 Forfeiture proceedings.
973.077 Burden of proof; liabilities.
973.08 Records accompanying prisoner.
973.10 Control and supervision of probationers.
973.11 Placements with volunteers in probation program.
973.12 Sentence of a repeater or persistent repeater.
973.125 Notice of lifetime supervision for serious sex offenders.
973.13 Excessive sentence, errors cured.
973.135 Courts to report convictions to the state superintendent of public instruction.
973.137 Courts to report convictions to the department of transportation.
973.14 Sentence to house of correction.
973.15 Sentence, terms, escapes.
973.17 Judgment against a corporation or limited liability company.
973.176 Notice of restrictions.
973.18 Notice of rights to appeal and representation.
973.19 Motion to modify sentence.
973.195 Sentence adjustment.
Ch. 973 Cross-reference
Cross-reference: See definitions in s.
967.02.
973.01
973.01
Bifurcated sentence of imprisonment and extended supervision. 973.01(1)
(1)
Bifurcated sentence required. Except as provided in
sub. (3), whenever a court sentences a person to imprisonment in the Wisconsin state prisons for a felony committed on or after December 31, 1999, or a misdemeanor committed on or after February 1, 2003, the court shall impose a bifurcated sentence under this section.
973.01(2)
(2) Structure of bifurcated sentences. A bifurcated sentence is a sentence that consists of a term of confinement in prison followed by a term of extended supervision under
s. 302.113. The total length of a bifurcated sentence equals the length of the term of confinement in prison plus the length of the term of extended supervision. An order imposing a bifurcated sentence under this section shall comply with all of the following:
973.01(2)(a)
(a)
Total length of bifurcated sentence. Except as provided in
par. (c), the total length of the bifurcated sentence may not exceed the maximum period of imprisonment specified in
s. 939.50 (3), if the crime is a classified felony, or the maximum term of imprisonment provided by statute for the crime, if the crime is not a classified felony, plus additional imprisonment authorized by any applicable penalty enhancement statutes.
973.01(2)(b)
(b)
Confinement portion of bifurcated sentence. The portion of the bifurcated sentence that imposes a term of confinement in prison may not be less than one year and, except as provided in
par. (c), is subject to whichever of the following limits is applicable:
973.01(2)(b)1.
1. For a Class B felony, the term of confinement in prison may not exceed 40 years.
973.01(2)(b)3.
3. For a Class C felony, the term of confinement in prison may not exceed 25 years.
973.01(2)(b)4.
4. For a Class D felony, the term of confinement in prison may not exceed 15 years.
973.01(2)(b)5.
5. For a Class E felony, the term of confinement in prison may not exceed 10 years.
973.01(2)(b)6m.
6m. For a Class F felony, the term of confinement in prison may not exceed 7 years and 6 months.
973.01(2)(b)7.
7. For a Class G felony, the term of confinement in prison may not exceed 5 years.
973.01(2)(b)8.
8. For a Class H felony, the term of confinement in prison may not exceed 3 years.
973.01(2)(b)9.
9. For a Class I felony, the term of confinement in prison may not exceed one year and 6 months.
973.01(2)(b)10.
10. For any crime other than one of the following, the term of confinement in prison may not exceed 75% of the total length of the bifurcated sentence:
973.01(2)(c)1.1. Subject to the minimum period of extended supervision required under
par. (d), the maximum term of confinement in prison specified in
par. (b) may be increased by any applicable penalty enhancement statute. If the maximum term of confinement in prison specified in
par. (b) is increased under this paragraph, the total length of the bifurcated sentence that may be imposed is increased by the same amount.
973.01(2)(c)2.
2. If more than one of the following penalty enhancement statutes apply to a crime, the court shall apply them in the order listed in calculating the maximum term of imprisonment for that crime:
973.01(2)(d)
(d)
Minimum and maximum term of extended supervision. The term of extended supervision may not be less than 25% of the length of the term of confinement in prison imposed under
par. (b) and, for a classified felony, is subject to whichever of the following limits is applicable:
973.01(2)(d)1.
1. For a Class B felony, the term of extended supervision may not exceed 20 years.
973.01(2)(d)2.
2. For a Class C felony, the term of extended supervision may not exceed 15 years.
973.01(2)(d)3.
3. For a Class D felony, the term of extended supervision may not exceed 10 years.
973.01(2)(d)4.
4. For a Class E, F, or G felony, the term of extended supervision may not exceed 5 years.
973.01(2)(d)5.
5. For a Class H felony, the term of extended supervision may not exceed 3 years.
973.01(2)(d)6.
6. For a Class I felony, the term of extended supervision may not exceed 2 years.
973.01(3)
(3) Not applicable to life sentences. If a person is being sentenced for a felony that is punishable by life imprisonment, he or she is not subject to this section but shall be sentenced under
s. 973.014 (1g).
973.01(3d)
(3d) Positive adjustment time eligibility. 973.01(3d)(a)(a) The department shall apply to every person serving a sentence imposed under
sub. (1) an objective risk assessment instrument supported by research to determine how likely it is that the person will commit another offense.
973.01(3d)(b)
(b) If the department of corrections determines under
par. (a) that the person poses a high risk of reoffending, the person shall be ineligible to earn positive adjustment time under
s. 302.113 (2) (b).
973.01(3g)
(3g) Earned release program eligibility. When imposing a bifurcated sentence under this section on a person convicted of a crime other than a crime specified in
ch. 940 or
s. 948.02,
948.025,
948.03,
948.05,
948.051,
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.
973.01(3m)
(3m) Challenge incarceration program eligibility. When imposing a bifurcated sentence under this section on a person convicted of a crime other than a crime specified in
ch. 940 or
s. 948.02,
948.025,
948.03,
948.05,
948.051,
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 challenge incarceration program under
s. 302.045 during the term of confinement in prison portion of the bifurcated sentence.
973.01(4m)
(4m) Discharge from extended supervision. 973.01(4m)(a)(a) The department may discharge a person from extended supervision after he or she has served 2 years of extended supervision if the person has met the conditions of extended supervision and the reduction is in the interests of justice. This subsection does not apply if the court sentences a person for a violation of
s. 940.03,
940.06,
940.11 (1),
940.235,
940.302,
940.31 (1),
940.32 (3),
941.21,
946.465,
948.03 (2) (a), or
948.40 (4) (a) or for an offense against an elderly or vulnerable person, as defined in
s. 939.22 (20d), an offense related to ethical government, as defined in
s. 939.22 (20m), or an offense related to school safety, as defined in
s. 939.22 (20s).
