976.03 (13) Arrest prior to requisition. Whenever any person within this state shall be charged on the oath of any credible person before any judge of this state with the commission of any crime in any other state and, except in cases arising under sub. (6), with having fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his or her bail, probation, extended supervision or parole, or whenever complaint shall have been made before any judge in this state setting forth on the affidavit of any credible person in another state that a crime has been committed in such other state and that the accused has been charged in such state with the commission of the crime, and, except in cases arising under sub. (6), has fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his or her bail, probation, extended supervision or parole, and is believed to be in this state, the judge shall issue a warrant directed to any peace officer commanding the officer to apprehend the person named therein, wherever the person may be found in this state, and to bring the person before the same or any other judge or court who or which may be available in or convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit; and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.
283,440
Section 440
. 976.03 (22) of the statutes is amended to read:
976.03 (22) Fugitives from this state, duty of governor. Whenever the governor of this state shall demand a person charged with crime or with escaping from confinement or breaking the terms of his or her bail, probation, extended supervision or parole in this state from the executive authority of any other state, or from the chief justice or an associate justice of the district court of the United States for the District of Columbia authorized to receive such demand under the laws of the United States, the governor shall issue a warrant under the seal of this state, to some agent, commanding the agent to receive the person so charged if delivered to the agent and convey the person to the proper officer of the county in this state in which the offense was committed.
283,441
Section 441
. 976.03 (23) (b) of the statutes is amended to read:
976.03 (23) (b) When the return to this state is required of a person who has been convicted of a crime in this state and has escaped from confinement or broken the terms of his or her bail, probation, extended supervision or parole, the prosecuting attorney of the county in which the offense was committed, the secretary of corrections, or the warden of the institution or sheriff of the county from which escape was made, shall present to the governor a written application for a requisition for the return of the person, in which application shall be stated the name of the person, the crime of which the person was convicted, the circumstances of escape from confinement or of the breach of the terms of bail, probation, extended supervision or parole, and the state in which the person is believed to be, including the location of the person therein at the time application is made.
283,442
Section 442
. 976.03 (27) (a) of the statutes is amended to read:
976.03 (27) (a) Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the terms of his or her bail, probation, extended supervision or parole may waive the issuance and service of the warrant provided for in subs. (7) and (8) and all other procedure incidental to extradition proceedings, by executing or subscribing in the presence of a judge of any court of record within this state a writing which states that the person consents to return to the demanding state; however, before such waiver shall be executed or subscribed by such person the judge shall inform such person of the person's rights to the issuance and service of a warrant of extradition and to commence an action for habeas corpus as provided in sub. (10).
283,443
Section 443
. 976.05 (3) (a) of the statutes is amended to read:
976.05 (3) (a) Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of imprisonment there is pending in any other party state any untried indictment, information or complaint on the basis of which a detainer has been lodged against the prisoner, the prisoner shall be brought to trial within 180 days after the prisoner has caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer's jurisdiction written notice of the place of his or her imprisonment and his or her request for a final disposition to be made of the indictment, information or complaint, but for good cause shown in open court, the prisoner or the prisoner's counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. The request of the prisoner shall be accompanied by a certificate of the appropriate official having custody of the prisoner, stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility or date of release to extended supervision of the prisoner and any decisions of the department relating to the prisoner.
283,444
Section 444
. 976.05 (4) (b) of the statutes is amended to read:
976.05 (4) (b) Upon receipt of the officer's written request under par. (a), the appropriate authorities having the prisoner in custody shall furnish the officer with a certificate stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility or date of release to extended supervision of the prisoner, and any decisions of the state parole agency relating to the prisoner. Said authorities simultaneously shall furnish all other officers and appropriate courts in the receiving state who lodged detainers against the prisoner with similar certificates and with notices informing them of the request for custody or availability and of the reasons therefor.
283,445
Section 445
. 977.05 (6) (h) (intro.) of the statutes is amended to read:
977.05 (6) (h) (intro.) The state public defender may not provide legal services or assign counsel in parole or extended supervision revocation proceedings unless all of the following apply:
283,446
Section 446
. 977.05 (6) (h) 1. of the statutes is amended to read:
977.05 (6) (h) 1. The parolee or person on extended supervision is contesting the revocation of parole or extended supervision.
283,447
Section 447
. 977.05 (6) (h) 2. of the statutes is amended to read:
977.05 (6) (h) 2. The department of corrections seeks to have the parolee or person on extended supervision imprisoned upon the revocation of parole or extended supervision.
283,448
Section 448
. 977.06 (2) (b) of the statutes is amended to read:
977.06 (2) (b) A person who makes a false representation that he or she does not believe is true for purposes of qualifying for assignment of counsel shall be fined not more than $10,000 or imprisoned for not more than 5
7 years and 6 months or both.
283,449
Section
449. 978.07 (1) (c) 1. of the statutes is amended to read:
978.07 (1) (c) 1. Any case record of a felony punishable by life imprisonment or a related case, after the defendant's parole eligibility date under s. 304.06 (1) or 973.014 (1) or date of eligibility for release to extended supervision under s. 973.014 (1g) (a) 1. or 2., whichever is applicable, or 50 years after the commencement of the action, whichever occurs later. If there is no parole eligibility date or no date for release to extended supervision, the district attorney may destroy the case record after the defendant's death.
283,450
Section 450
. 980.015 (2) (a) of the statutes is amended to read:
980.015 (2) (a) The anticipated discharge from a sentence, anticipated release on parole or extended supervision or anticipated release from imprisonment of a person who has been convicted of a sexually violent offense.
283,451
Section 451
. 980.02 (1) (b) 2. of the statutes is amended to read:
980.02 (1) (b) 2. The county in which the person will reside or be placed upon his or her discharge from a sentence, release on parole or extended supervision, release from imprisonment, from a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or from a commitment order.
283,452
Section 452
. 980.02 (2) (ag) of the statutes, as affected by 1997 Wisconsin Act .... (Assembly Bill 410), is amended to read:
980.02 (2) (ag) The person is within 90 days of discharge or release, on parole, extended supervision or otherwise, from a sentence that was imposed for a conviction for a sexually violent offense, from a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), if the person was placed in the facility for being adjudicated delinquent under s. 938.183 or 938.34 on the basis of a sexually violent offense or from a commitment order that was entered as a result of a sexually violent offense.
283,453
Section 453
. 980.02 (4) (am) of the statutes is amended to read:
980.02 (4) (am) The circuit court for the county in which the person will reside or be placed upon his or her discharge from a sentence, release on parole or extended supervision, release from imprisonment, from a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or from a commitment order.
283,454
Section 454
.
Nonstatutory provisions.
(1)
Criminal penalties study committee.
(a) In this subsection, “criminal code" means chapters 939 to 951 of the statutes.
(b) There is established a committee under section 15.01 (3) of the statutes called the criminal penalties study committee consisting of the following members:
1. Two judges appointed by the supreme court.
2. The majority leader in each house, or his or her designee.
3. The minority leader in each house, or his or her designee.
4. One faculty member from the law school of the University of Wisconsin-Madison appointed by the governor.
5. One faculty member from the law school of Marquette University appointed by the governor.
6. The attorney general or his or her designee.
7. One current district attorney appointed by the attorney general.
8. The state public defender or his or her designee.
9. One representative of crime victims appointed by the attorney general.
10. One member of the criminal law section of the state bar appointed by the governor.
11. One representative of law enforcement agencies appointed by the governor.
12. Three public members appointed by the governor.
13. The secretary of corrections or his or her designee.
(c) The governor shall appoint one member of the committee to be chairperson and one member of the committee to be reporter for the committee.
(d) The department of administration shall provide staff services to the committee.
(e) The committee shall study the classification of criminal offenses in the criminal code, the penalties for all felonies and Class A misdemeanors and issues relating to the implementation of the changes in sentencing made by this act. In addition, the committee shall make recommendations concerning all of the following:
1. Creating a uniform classification system for all felonies, including felonies outside of the criminal code.
2. Classifying each felony and Class A misdemeanor in a manner that places crimes of similar severity into the same classification.
3. Consolidating all felonies into a single criminal code.
4. The creation of a sentencing commission to promulgate advisory sentencing guidelines for use by judges when imposing sentence under section 973.01 of the statutes, as created by this act.
5. Temporary advisory sentencing guidelines for use by judges when imposing sentence under section 973.01 of the statutes, as created by this act, during the period before the promulgation of advisory sentencing guidelines by a sentencing commission.
6. Changing the administrative rules of the department of corrections to ensure that a person who violates a condition of extended supervision imposed as part of a sentence under section 973.01 of the statutes, as created by this act, is returned to prison promptly and for an appropriate period of time.
(f) No later than April 30, 1999, the committee shall submit a report of its findings and recommendations to the legislature in the manner provided under section 13.172 (2) of the statutes and to the governor. The report shall include any proposed legislation that is necessary to implement the recommendations made by the committee in its report.
(2) Attorney project position. The authorized FTE positions for the department of administration are increased by 1.0 GPR attorney project position, to be funded from the appropriation under section 20.505 (3) (c) of the statutes, for the purpose of providing legal services to the criminal penalties study committee established under subsection (1), for the period ending on April 30, 1999.
283,455
Section 455
.
Initial applicability.
(1) Increase in felony penalties. The treatment of sections 11.61 (1) (a) and (b), 12.60 (1) (a), 13.05, 13.06, 13.69 (6m), 23.33 (13) (cg), 26.14 (8), 29.99 (1) (c), (1m) (c), (11m) (a) and (11p) (a), 30.80 (2g) (b), (c) and (d) and (3m), 36.25 (6) (d), 47.03 (3) (d), 49.127 (8) (a) 2., (b) 2. and (c), 49.141 (7) (a) and (b), (9) (a) and (b) and (10) (b), 49.49 (1) (b) 1., (2) (a) and (b), (3), (3m) (b) and (4) (b), 49.95 (1), 51.15 (12), 55.06 (11) (am), 66.4025 (1) (b) and (c), 69.24 (1) (intro.), 70.47 (18) (a), 71.83 (2) (b), 86.192 (4), 97.43 (4), 97.45 (2),
100.171 (7) (b), 100.26 (2), (5) and (7), 101.143 (10) (b), 101.94 (8) (b), 102.835 (11) and (18), 102.85 (3), 108.225 (11) and (18), 114.20 (18) (c), 125.075 (2), 125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12) (b) and (c), 132.20 (2), 133.03 (1) and (2), 134.05 (4), 134.16, 134.20 (1) (intro.), 134.205 (4), 134.58, 139.44 (1), (1m), (2) and (8) (c), 139.95 (2) and (3), 146.345 (3), 146.35 (5), 146.60 (9) (am), 146.70 (10) (a), 154.15 (2), 154.29 (2), 166.20 (11) (b) 1. and 2., 167.10 (9) (g), 175.20 (3), 180.0129 (2), 181.0129 (2), 185.825, 200.09 (2), 214.93, 215.02 (6) (b), 215.12, 215.21 (21), 218.21 (7), 220.06 (2), 221.0625 (2) (intro.), 221.0636 (2), 221.0637 (2), 221.1004 (2), 253.06 (4) (b), 285.87 (2) (b), 291.97 (2) (b) (intro.) and (c), 299.53 (4) (c) 2., 302.095 (2), 341.605 (3), 342.06 (2), 342.065 (4) (b), 342.155 (4) (b), 342.156 (6) (b), 342.30 (3) (a), 342.32 (3), 344.48 (2), 346.17 (3) (a), (b), (c) and (d), 346.65 (5), 346.74 (5) (b), (c) and (d), 350.11 (2m), 446.07, 447.09, 450.11 (9) (b), 450.14 (5), 450.15 (2), 551.58 (1), 552.19 (1), 553.52 (1) and (2), 562.13 (3) and (4), 565.50 (2) and (3), 601.64 (4), 641.19 (4) (a) and (b), 765.30 (1) (intro.) and (2) (intro.), 768.07, 783.07, 939.50 (3) (b), (bc), (c), (d) and (e), 946.85 (1), 961.41 (1) (a), (b), (cm) 1., 2., 3., 4. and 5., (d) 1., 2., 3., 4., 5. and 6., (e) 1., 2., 3., 4., 5. and 6., (f) 1., 2. and 3., (g) 1., 2. and 3., (h) 1., 2. and 3., (i) and (j), (1m) (a), (b), (cm) 1., 2., 3., 4. and 5., (d) 1., 2., 3., 4., 5. and 6., (e) 1., 2., 3., 4., 5. and 6., (f) 1., 2. and 3., (g) 1., 2. and 3., (h) 1., 2. and 3., (i) and (j), (1n) (c), (2) (a), (b), (c) and (d), (3g) (a) 1. and 2. and (4) (am) 3., 961.42 (2), 961.43 (2), 961.455 (1), 968.31 (1) (intro.), 968.34 (3), 968.43 (3) and 977.06 (2) (b) of the statutes applies to offenses committed on or after the effective date of this subsection.
283,456
Section 456
.
Effective dates. This act takes effect on the day after publication, except as follows:
(1) Increase in felony penalties. The treatment of sections 11.61 (1) (a) and (b), 12.60 (1) (a), 13.05, 13.06, 13.69 (6m), 23.33 (13) (cg), 26.14 (8), 29.99 (1) (c), (1m) (c), (11m) (a) and (11p) (a), 30.80 (2g) (b), (c) and (d) and (3m), 36.25 (6) (d), 47.03 (3) (d), 49.127 (8) (a) 2., (b) 2. and (c), 49.141 (7) (a) and (b), (9) (a) and (b) and (10) (b), 49.49 (1) (b) 1., (2) (a) and (b), (3), (3m) (b) and (4) (b), 49.95 (1), 51.15 (12), 55.06 (11) (am), 66.4025 (1) (b) and (c), 69.24 (1) (intro.), 70.47 (18) (a), 71.83 (2) (b), 86.192 (4), 97.43 (4), 97.45 (2),
100.17 (7) (b), 100.26 (2), (5) and (7), 101.143 (10) (b), 101.94 (8) (b), 102.835 (11) and (18), 102.85 (3), 108.225 (11) and (18), 114.20 (18) (c), 125.075 (2), 125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12) (b) and (c), 132.20 (2), 133.03 (1) and (2), 134.05 (4), 134.16, 134.20 (1) (intro.), 134.205 (4), 134.58, 139.44 (1), (1m), (2) and (8) (c), 139.95 (2) and (3), 146.345 (3), 146.35 (5), 146.60 (9) (am), 146.70 (10) (a), 154.15 (2), 154.29 (2), 166.20 (11) (b) 1. and 2., 167.10 (9) (g), 175.20 (3), 180.0129 (2), 181.0129 (2), 185.825, 200.09 (2), 214.93, 215.02 (6) (b), 215.12, 215.21 (21), 218.21 (7), 220.06 (2), 221.0625 (2) (intro.), 221.0636 (2), 221.0637 (2), 221.1004 (2), 253.06 (4) (b), 285.87 (2) (b), 291.97 (2) (b) (intro.) and (c), 299.53 (4) (c) 2., 302.095 (2), 341.605 (3), 342.06 (2), 342.065 (4) (b), 342.155 (4) (b), 342.156 (6) (b), 342.30 (3) (a), 342.32 (3), 344.48 (2), 346.17 (3) (a), (b), (c) and (d), 346.65 (5), 346.74 (5) (b), (c) and (d), 350.11 (2m), 446.07, 447.09, 450.11 (9) (b), 450.14 (5), 450.15 (2), 551.58 (1), 552.19 (1), 553.52 (1) and (2), 562.13 (3) and (4), 565.50 (2) and (3), 601.64 (4), 641.19 (4) (a) and (b), 765.30 (1) (intro.) and (2) (intro.), 768.07, 783.07, 939.50 (3) (b), (bc), (c), (d) and (e), 946.85 (1), 961.41 (1) (a), (b), (cm) 1., 2., 3., 4. and 5., (d) 1., 2., 3., 4., 5. and 6., (e) 1., 2., 3., 4., 5. and 6., (f) 1., 2. and 3., (g) 1., 2. and 3., (h) 1., 2. and 3., (i) and (j), (1m) (a), (b), (cm) 1., 2., 3., 4. and 5., (d) 1., 2., 3., 4., 5. and 6., (e) 1., 2., 3., 4., 5. and 6., (f) 1., 2. and 3., (g) 1., 2. and 3., (h) 1., 2. and 3., (i) and (j), (1n) (c), (2) (a), (b), (c) and (d), (3g) (a) 1. and 2. and (4) (am) 3., 961.42 (2), 961.43 (2), 961.455 (1), 968.31 (1) (intro.), 968.34 (3), 968.43 (3) and 977.06 (2) (b) of the statutes and Section 455 (1) of this act take effect on December 31, 1999.
(2) Miscellaneous provisions. The repeal and recreation of sections 302.11 (1) and 304.06 (1) (b) of the statutes takes effect on September 1, 1998.
