LRB-3089/2
PJH:kjf&jld:rs
2009 - 2010 LEGISLATURE
September 30, 2009 - Introduced by Joint Legislative Council. Referred to
Committee on Judiciary, Corrections, Insurance, Campaign Finance Reform,
and Housing.
SB318,1,2
1An Act to repeal 302.042 (3); and
to amend 302.042 (4) and 973.031 of the
2statutes;
relating to: risk reduction programming.
Analysis by the Legislative Reference Bureau
Under current law, a person who is sentenced for a felony receives a bifurcated
sentence, which requires the person to serve a portion of his or her sentence in prison
(incarceration portion) and a portion in the community under extended supervision.
2009 Wisconsin Act 28 created an option for persons who are convicted of certain
felonies. Under the act, with certain exceptions listed below, the sentencing court
may order a person to serve a risk reduction sentence if the court determines that
a risk reduction sentence is appropriate, the person agrees to cooperate in an
assessment provided by the Department of Corrections (DOC), and the person agrees
to participate in programming or treatment that DOC determines is appropriate for
the person. Under the act, DOC may modify the person's treatment or program plan
for any reason.
A court may not order a risk reduction sentence for a person convicted of felony
murder, second-degree reckless homicide, a strangulation or suffocation offense,
human trafficking, kidnapping, certain stalking offenses, disarming a peace officer,
tampering with a global positioning system, certain offenses involving the physical
abuse or neglect of a child, certain offenses against an elderly or vulnerable person,
certain offenses related to ethical government, or certain offenses involving weapons
in a school.
If a person successfully completes the program and treatment plan DOC
determines is appropriate for the person and the person maintains a good conduct
record while in prison, he or she may be released from incarceration to extended
supervision in the community after he or she has served at least 75 percent of the
incarceration portion of his or her sentence.
Under this bill, DOC may not modify an inmate's program and must release an
inmate when the inmate has served 75 percent of the incarceration portion of his or
her sentence if the inmate successfully completes his or her program and treatment
plan. The bill also eliminates the list of offenses that render a person ineligible for
a risk reduction sentence.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Joint Legislative Council prefatory note: This bill was prepared for the Joint
Legislative Council's Special Committee on Justice Reinvestment Initiative Oversight.
The bill permits a court to order a risk reduction sentence for a person who has been
convicted of a felony if the court determines that a risk reduction sentence is appropriate
and if the person agrees to all of the following:
1. To cooperate in an assessment of the person's criminogenic needs and risk of
re-offending.
2. To participate in any programming or treatment ordered by the Department of
Corrections (DOC) to address issues raised in any risk assessment conducted by DOC.
The bill requires DOC to conduct a criminogenic needs and risk assessment of any
person under a risk reduction sentence and requires DOC to provide programming and
treatment to address the risks and needs identified in the risk assessment.
If DOC determines that a person has successfully completed a risk reduction
sentence, DOC must release the person to extended supervision after the person has
served 75% of the person's term of confinement and must notify the court that the person
has, to that point, successfully completed the risk reduction sentence.
SB318,3,65
302.042
(4) The department shall release an inmate who is serving a risk
6reduction sentence to extended supervision when he or she serves
not less than 75
7percent of the term of confinement portion of his or her sentence imposed under s.
1973.01 and the department determines that he or she has completed the
2programming or treatment under his or her plan
and that the inmate maintained a
3good conduct record during his or her term of confinement. Not less than 30 days
4prior to release under this subsection, the department shall notify the sentencing
5court that the inmate has thus far successfully completed the requirements of his or
6her risk reduction sentence.
SB318,3,20
9973.031 Risk reduction sentence. Whenever a court imposes a sentence for
10a felony under s. 973.01, the court may order the person it sentences to serve a risk
11reduction sentence if the court determines that a risk reduction sentence is
12appropriate and the person agrees to cooperate in an assessment of his or her
13criminogenic factors and his or her risk of reoffending, and to participate in
14programming or treatment the department develops for the person under s. 302.042
15(1).
This section does not apply if the court sentences a person for a violation of s.
16940.03, 940.06, 940.11 (1), 940.235, 940.302, 940.31 (1), 940.32 (3), 941.21, 946.465,
17948.03 (2) (a), or 948.40 (4) (a) or for a felony murder under s. 940.03, an offense
18against an elderly or vulnerable person, as defined in s. 939.22 (20d), an offense
19related to ethical government, as defined in s. 939.22 (20m), or an offense related to
20school safety, as defined in s. 939.22 (20s).
SB318,3,2222
(1) This act takes effect on October 2, 2009.
