LRB-0519/1
RLR:jld:rs
2007 - 2008 LEGISLATURE
April 23, 2007 - Introduced by Representatives Berceau, Parisi and Grigsby,
cosponsored by Senators Miller and Lehman. Referred to Committee on
Corrections and Courts.
AB277,1,2
1An Act to amend 973.195 (1g) of the statutes;
relating to: adjusting prison
2sentences for misdemeanors.
Analysis by the Legislative Reference Bureau
Under current law, a person sentenced to a term of confinement for a
misdemeanor (a crime for which the maximum term of confinement is one year or
less) generally serves the term of confinement in a county jail or house of correction.
However, a person serving a sentence for a felony in addition to a misdemeanor
generally serves the sentence for the misdemeanor in prison. Also, a person serving
a sentence for a misdemeanor that has been increased to more than one year due to
application of a penalty enhancement statute (for example, for a repeat offender)
serves the sentence in prison. All sentences to prison consist of a term of confinement
in prison followed by a term of extended supervision.
Current law also provides a process by which a person serving a sentence for
a Class C felony to a Class I felony may petition the court for a sentence adjustment
under which the remainder of the term of confinement portion of the sentence is
converted to time on extended supervision. A person serving a sentence for a Class
C felony to a Class E felony may petition for adjustment after serving 85 percent of
the term of confinement and a person serving a Class F felony to a Class I felony may
petition after serving 75 percent of the term of confinement. The sentence
adjustment process does not apply to misdemeanor sentences.
This bill provides that a person serving a term of confinement in prison for a
misdemeanor may petition for sentence adjustment after serving 75 percent of the
term of confinement.
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:
AB277, s. 1
1Section
1. 973.195 (1g) of the statutes is amended to read:
AB277,2,32
973.195
(1g) Definition. In this section, "applicable percentage" means 85%
3for a Class C to E felony and 75% for a Class F to I felony
or for a misdemeanor.
AB277,2,65
(1) This act first applies to persons serving a sentence on the effective date of
6this subsection.
