973.195 Sentence adjustment.
973.30 Sentencing commission.
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.
Effective date note
NOTE: Sub. (1) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(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, the court shall impose a bifurcated sentence that consists of a term of confinement in prison followed by a term of extended supervision under s. 302.113.
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.
Effective date note
NOTE: Sub. (2) is shown as affected eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(2) Structure of bifurcated sentences. The court shall ensure that a bifurcated sentence imposed under sub. (1) complies with all of the following:
973.01 Note
(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 for the felony.
973.01 Note
(b) Imprisonment 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, subject to any minimum sentence prescribed for the felony, and, except as provided in par. (c), may not exceed whichever of the following is applicable:
973.01 Note
1. For a Class B felony, the term of confinement in prison may not exceed 40 years.
973.01 Note
2. For a Class BC felony, the term of confinement in prison may not exceed 20 years.
973.01 Note
3. For a Class C felony, the term of confinement in prison may not exceed 10 years.
973.01 Note
4. For a Class D felony, the term of confinement in prison may not exceed 5 years.
973.01 Note
5. For a Class E felony, the term of confinement in prison may not exceed 2 years.
973.01 Note
6. For any felony other than a felony specified in subds. 1. to 5., the term of confinement in prison may not exceed 75% of the total length of the bifurcated sentence.
973.01 Note
(c) Penalty enhancement. The maximum term of confinement in prison specified in par. (b) may be increased by any applicable penalty enhancement. 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 Note
(d) Minimum term of extended supervision. The term of extended supervision that follows the term of confinement in prison may not be less than 25% of the length of the term of confinement in prison imposed under par. (b).
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(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,
948.055,
948.06,
948.07,
948.075,
948.08, 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(4)
(4) No good time; extension or reduction of term of imprisonment. A person sentenced to a bifurcated sentence under
sub. (1) shall serve the term of confinement in prison portion of the sentence without reduction for good behavior. The term of confinement in prison portion is subject to extension under
s. 302.113 (3) and, if applicable, to reduction under
s. 302.045 (3m),
302.113 (9g), or
973.195 (1r).
973.01(5)
(5) Extended supervision conditions. Whenever the court imposes a bifurcated sentence under
sub. (1), the court may impose conditions upon the term of extended supervision.
973.01(6)
(6) No parole. A person serving a bifurcated sentence imposed under
sub. (1) is not eligible for release on parole under that sentence.
973.01(7)
(7) No discharge. The department of corrections may not discharge a person who is serving a bifurcated sentence from custody, control and supervision until the person has served the entire bifurcated sentence.
973.01(8)(a)(a) When a court imposes a bifurcated sentence under this section, it shall explain, orally and in writing, all of the following to the person being sentenced:
973.01(8)(a)2.
2. The amount of time the person will serve in prison under the term of confinement in prison portion of the sentence.
973.01(8)(a)3.
3. The amount of time the person will spend on extended supervision, assuming that the person does not commit any act that results in the extension of the term of confinement in prison under
s. 302.113 (3).
973.01(8)(a)4.
4. That the amount of time the person must actually serve in prison may be extended as provided under
s. 302.113 (3) and that because of extensions under
s. 302.113 (3) the person could serve the entire bifurcated sentence in prison.
973.01(8)(a)5.
5. That the person will be subject to certain conditions while on release to extended supervision, and that violation of any of those conditions may result in the person being returned to prison, as provided under
s. 302.113 (9).
973.01(8)(am)
(am) If the court provides under
sub. (3m) that the person is eligible for the challenge incarceration program, the court shall also inform the person of the provisions of
s. 302.045 (3m).
973.01(8)(b)
(b) The court's explanation under
par. (a) 3. of a person's potential period of extended supervision does not create a right to a minimum period of extended supervision.
973.01 History
History: 1997 a. 283;
2001 a. 109.
973.01 Annotation
Sub. (2) (c) does not authorize a sentencing court to impose any portion of a penalty enhancer as extended supervision rather than confinement in prison. State v. Jones, 2002 WI App 29,
250 Wis. 2d 77,
640 N.W.2d 151.
973.01 Annotation
While an offender must meet the eligibility requirements of s. 302.045 (2) to participate in the challenge incarceration program the trial court must, pursuant to sub. (3m), also determine if the offender is eligible for the program, in the exercise of its sentencing discretion. State v. Steele, 2001 WI App 160,
246 Wis. 2d 744,
632 N.W.2d 112.
973.01 Annotation
The exercise of sentencing discretion requires the court to exercise its discretion to create a sentence within the range provided by the legislature that reflects the circumstances of the situation and the particular characteristics of the offender. The court must consider the gravity of the offense, the offender's character and the public's need for protection. The weight given to any factor is left to the trial court's discretion. State v. Steele, 2001 WI App 160,
246 Wis. 2d 744,
632 N.W.2d 112.
973.01 Annotation
If a defendant makes a fraudulent representation to the court, which the court accepts and relies upon in granting a sentence, the court may later declare the sentence void, and double jeopardy does not bar a subsequently increased sentence. State v. Jones, 2002 WI App 208, ___Wis. 2d. ___,
650 N.W.2d 844.
973.01 Annotation
Increasing a sentence following the vacation of the original sentence upon reversal of one of multiple convictions on double jeopardy grounds did not violate due process when the increase was based on factual information deriving from events occurring after the original sentencing. State v. Church, 2002 WI App 212, ___Wis. 2d. ___,
650 N.W.2d 873.
973.01 Annotation
Truth-In-Sentencing Comes to Wisconsin. Brennan & Latorraca. Wis. Law. June 2000.
973.013
973.013
Indeterminate sentence; Wisconsin state prisons. 973.013(1)(a)(a) If imprisonment in the Wisconsin state prisons for a term of years is imposed, the court may fix a term less than the prescribed maximum. The form of such sentence shall be substantially as follows: "You are hereby sentenced to the Wisconsin state prisons for an indeterminate term of not more than .... (the maximum as fixed by the court) years."
973.013(1)(b)
(b) Except as provided in
s. 973.01, the sentence shall have the effect of a sentence at hard labor for the maximum term fixed by the court, subject to the power of actual release from confinement by parole by the department or by pardon as provided by law. If a person is sentenced for a definite time for an offense for which the person may be sentenced under this section, the person is in legal effect sentenced as required by this section, said definite time being the maximum period. A defendant convicted of a crime for which the minimum penalty is life shall be sentenced for life.
973.013(2)
(2) Upon the recommendation of the department, the governor may, without the procedure required by
ch. 304, discharge absolutely, or upon such conditions and restrictions and under such limitation as the governor thinks proper, any inmate committed to the Wisconsin state prisons after he or she has served the minimum term of punishment prescribed by law for the offense for which he or she was sentenced, except that if the term was life imprisonment, 5 years must elapse after release on parole or extended supervision before such a recommendation can be made to the governor. The discharge has the effect of an absolute or conditional pardon, respectively.
973.013(3)
(3) Female persons convicted of a felony may be committed to the Taycheedah Correctional Institution unless they are subject to
sub. (3m).
973.013(3m)
(3m) If a person who has not attained the age of 16 years is sentenced to the Wisconsin state prisons, the department shall place the person at a secured juvenile correctional facility or a secured child caring institution, unless the department determines that placement in an institution under
s. 302.01 is appropriate based on the person's prior record of adjustment in a correctional setting, if any; the person's present and potential vocational and educational needs, interests and abilities; the adequacy and suitability of available facilities; the services and procedures available for treatment of the person within the various institutions; the protection of the public; and any other considerations promulgated by the department by rule. The department may not place any person under the age of 18 years in the correctional institution authorized in
s. 301.16 (1n). This subsection does not preclude the department from designating an adult correctional institution, other than the correctional institution authorized in
s. 301.16 (1n), as a reception center for the person and subsequently transferring the person to a secured juvenile correctional facility or a secured child caring institution.
Section 302.11 and
ch. 304 apply to all persons placed in a secured juvenile correctional facility or a secured child caring institution under this subsection.
973.013(4)
(4) If information under
s. 972.15 (2m) has been provided in a presentence investigation report, the court shall consider that information when sentencing the defendant.
973.013 Annotation
The sentencing judge shall state for the record, in the presence of the defendant, the reasons for selecting the particular sentence imposed or, if the sentencing judge considers it in the interest of the defendant not to state reasons in the presence of the defendant, shall prepare a statement for transmission to the reviewing court as part of the record. McCleary v. State,
49 Wis. 2d 263,
182 N.W.2d 512 (1971).
973.013 Annotation
It was not a denial of equal protection to sentence a defendant to 4 years imprisonment, although other persons involved, all minors, received lesser or no punishment. State v. Schilz,
50 Wis. 2d 395,
184 N.W.2d 134 (1971).
973.013 Annotation
An abuse of discretion, as it relates to sentencing procedures, will be found only if there is no rational basis for the imposition of the sentence or the rationale is not articulated in, or inferable from, the record, or if discretion is exercised on the basis of clearly irrelevant or improper factors. Davis v. State,
52 Wis. 2d 697,
190 N.W.2d 890 (1971).
973.013 Annotation
The seriousness of the offense is a proper criterion for imposing a maximum sentence. While warehousing dangerous individuals is not the sole purpose for imposing long prison terms, it is a legitimate factor for a trial court to consider. Bastian v. State,
54 Wis. 2d 240,
194 N.W.2d 687 (1972).
973.013 Annotation
A prison sentence is reduced to reflect days of pretrial incarceration during which the defendant was unable to raise bail because of indigency. Wilkins v. State,
66 Wis. 2d 628,
225 N.W.2d 492 (1975).
973.013 Annotation
A defendant's change in attitude or rehabilitative progress subsequent to sentencing is a factor to be considered in determining parole but is not a proper consideration upon which a trial court might base a reduction of sentence. State v. Wuensch,
69 Wis. 2d 467,
230 N.W.2d 665 (1975).
973.013 Annotation
Although evidence concerning incidents of sexual activity abroad was relevant as to defendant's character and admissible at the sentencing hearing, the trial court abused its discretion by punishing defendant not only for the crime of which he stood convicted, but for the events that occurred outside Wisconsin, as indicated by the fact that both sentencing hearings were devoted largely to these foreign incidents. Rosado v. State,
70 Wis. 2d 280,
234 N.W.2d 69 (1975).
973.013 Annotation
The trial court exceeded its jurisdiction by specifying conditions of incarceration. State v. Gibbons,
71 Wis. 2d 94,
237 N.W.2d 33 (1976).
973.013 Annotation
A plea bargain agreement by law enforcement officials not to reveal relevant and pertinent information to the sentencing judge was unenforceable as being against public policy. Grant v. State,
73 Wis. 2d 441,
243 N.W.2d 186 (1976).
973.013 Annotation
Chronic offenses of theft by fraud by promising to marry several persons provided a rational basis for a lengthy sentence. Lambert v. State,
73 Wis. 2d 590,
243 N.W.2d 524 (1976).
