973.0135(3)
(3) A person is not subject to this section if the current serious felony is punishable by life imprisonment.
973.0135(4)
(4) If a prior conviction is being considered as being covered under
sub. (1) (b) 4. as comparable to a felony specified under
sub. (1) (b) 1.,
2. or
3., the conviction may be counted as a prior conviction under
sub. (1) (a) only if the court determines, beyond a reasonable doubt, that the violation relating to that conviction would constitute a felony specified under
sub. (1) (b) 1.,
2. or
3. if committed by an adult in this state.
973.014
973.014
Sentence of life imprisonment; parole eligibility determination; extended supervision eligibility determination. 973.014(1)(1) Except as provided in
sub. (2), when a court sentences a person to life imprisonment for a crime committed on or after July 1, 1988, but before December 31, 1999, the court shall make a parole eligibility determination regarding the person and choose one of the following options:
973.014(1)(b)
(b) The person is eligible for parole on a date set by the court. Under this paragraph, the court may set any later date than that provided in
s. 304.06 (1), but may not set a date that occurs before the earliest possible parole eligibility date as calculated under
s. 304.06 (1).
973.014(1)(c)
(c) The person is not eligible for parole. This paragraph applies only if the court sentences a person for a crime committed on or after August 31, 1995, but before December 31, 1999.
973.014(1g)(a)(a) Except as provided in
sub. (2), when a court sentences a person to life imprisonment for a crime committed on or after December 31, 1999, the court shall make an extended supervision eligibility date determination regarding the person and choose one of the following options:
973.014(1g)(a)1.
1. The person is eligible for release to extended supervision after serving 20 years.
973.014(1g)(a)2.
2. The person is eligible for release to extended supervision on a date set by the court. Under this subdivision, the court may set any later date than that provided in
subd. 1., but may not set a date that occurs before the earliest possible date under
subd. 1.
973.014(1g)(a)3.
3. The person is not eligible for release to extended supervision.
973.014(1g)(b)
(b) When sentencing a person to life imprisonment under
par. (a), the court shall inform the person of the provisions of
s. 302.114 (3) and the procedure for petitioning under
s. 302.114 (5) for release to extended supervision.
973.014(1g)(c)
(c) A person sentenced to life imprisonment under
par. (a) is not eligible for release on parole.
973.014(2)
(2) When a court sentences a person to life imprisonment under
s. 939.62 (2m) (c), the court shall provide that the sentence is without the possibility of parole or extended supervision.
973.014 Annotation
The denial of presentence confinement credit when parole was established under sub. (2) [now sub. (2) (b)] was constitutional. State v. Chapman,
175 Wis. 2d 231,
499 N.W.2d 223 (Ct. App. 1993).
973.014 Annotation
Sub. (1) (b) [now sub. (2) (b)] allows a circuit court to impose a parole eligibility date beyond a defendant's expected lifetime. State v. Setagord,
211 Wis. 2d 397,
565 N.W.2d 506 (1997),
95-0207.
973.014 Annotation
A trial court sentencing a defendant under sub. (1) (b) [now sub. (2) (b)], exercising its discretion, may or may not give credit for presentence incarceration. State v. Seeley,
212 Wis. 2d 75,
567 N.W.2d 897 (Ct. App. 1997),
96-1939.
973.014 Annotation
Parole eligibility is not a statutorily or constitutionally necessary component of a valid plea colloquy in a case in which a life sentence is imposed. State v. Byrge,
225 Wis. 2d 702,
594 N.W.2d 388 (Ct. App. 1999),
97-3217.
973.015
973.015
Special disposition. 973.015(1)(a)
(a) Subject to
par. (b) and except as provided in
par. (c), when a person is under the age of 25 at the time of the commission of an offense for which the person has been found guilty in a court for violation of a law for which the maximum period of imprisonment is 6 years or less, the court may order at the time of sentencing that the record be expunged upon successful completion of the sentence if the court determines the person will benefit and society will not be harmed by this disposition. This subsection does not apply to information maintained by the department of transportation regarding a conviction that is required to be included in a record kept under
s. 343.23 (2) (a).
973.015(1)(b)
(b) The court shall order at the time of sentencing that the record be expunged upon successful completion of the sentence if the offense was a violation of
s. 942.08 (2) (b),
(c), or
(d), and the person was under the age of 18 when he or she committed it.
973.015(1)(c)
(c) No court may order that a record of a conviction for any of the following be expunged:
973.015(1)(c)2.
2. A Class I felony, if the person has, in his or her lifetime, been convicted of a prior felony offense, or if the felony is a violent offense, as defined in
s. 301.048 (2) (bm), or is a violation of
s. 948.23 (1) (a).
973.015(2)
(2) A person has successfully completed the sentence if the person has not been convicted of a subsequent offense and, if on probation, the probation has not been revoked and the probationer has satisfied the conditions of probation. Upon successful completion of the sentence the detaining or probationary authority shall issue a certificate of discharge which shall be forwarded to the court of record and which shall have the effect of expunging the record. If the person has been imprisoned, the detaining authority shall also forward a copy of the certificate of discharge to the department.
973.015 Annotation
An expunged conviction is not admissible to attack a witness's credibility. State v. Anderson,
160 Wis. 2d 435,
466 N.W.2d 681 (Ct. App. 1991).
973.015 Annotation
This section does not require law enforcement agencies or prosecutors to destroy records relating to an expunged conviction, nor does it prohibit courts from considering the facts underlying an expunged conviction in sentencing in another case. State v. Leitner,
2002 WI 77,
253 Wis. 2d 449,
646 N.W.2d 341,
00-1718.
973.015 Annotation
"Expunge" under this section means to strike or obliterate from the record all references to the defendant's name and identity. 67 Atty. Gen. 301.
973.015 Annotation
Circuit courts do not possess inherent powers to expunge or destroy conviction records. 70 Atty. Gen. 115.
973.017
973.017
Bifurcated sentences; use of guidelines; consideration of aggravating and mitigating factors. 973.017(1)(1)
Definition. In this section, "sentencing decision" means a decision as to whether to impose a bifurcated sentence under
s. 973.01 or place a person on probation and a decision as to the length of a bifurcated sentence, including the length of each component of the bifurcated sentence, the amount of a fine, and the length of a term of probation.
973.017(2)
(2) General requirement. When a court makes a sentencing decision concerning a person convicted of a criminal offense committed on or after February 1, 2003, the court shall consider all of the following:
973.017(2)(b)
(b) Any applicable mitigating factors and any applicable aggravating factors, including the aggravating factors specified in
subs. (3) to
(8).
973.017(3)
(3) Aggravating factors; generally. When making a sentencing decision for any crime, the court shall consider all of the following as aggravating factors:
973.017(3)(a)
(a) The fact that the person committed the crime while his or her usual appearance was concealed, disguised, or altered, with the intent to make it less likely that he or she would be identified with the crime.
973.017(3)(b)
(b) The fact that the person committed the crime using information that was disclosed to him or her under
s. 301.46.
973.017(3)(c)
(c) The fact that the person committed the crime for the benefit of, at the direction of, or in association with any criminal gang, as defined in
s. 939.22 (9), with the specific intent to promote, further, or assist in any criminal conduct by criminal gang members, as defined in
s. 939.22 (9g).
973.017(3)(d)
(d) The fact that the person committed the felony while wearing a vest or other garment designed, redesigned, or adapted to prevent bullets from penetrating the garment.
973.017(3)(e)1.1. Subject to
subd. 2., the fact that the person committed the felony with the intent to influence the policy of a governmental unit or to punish a governmental unit for a prior policy decision, if any of the following circumstances also applies to the felony committed by the person:
973.017(3)(e)1.a.
a. The person caused bodily harm, great bodily harm, or death to another.
973.017(3)(e)1.b.
b. The person caused damage to the property of another and the total property damaged is reduced in value by $25,000 or more. For the purposes of this
subd. 1. b., property is reduced in value by the amount that it would cost either to repair or to replace it, whichever is less.
973.017(3)(e)1.c.
c. The person used force or violence or the threat of force or violence.
973.017(3)(e)2.a.a. In this subdivision, "labor dispute" includes any controversy concerning terms, tenure, or conditions of employment or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee.
973.017(3)(e)2.b.
b. Subdivision 1. does not apply to conduct arising out of or in connection with a labor dispute.
973.017(4)
(4) Aggravating factors; serious sex crimes committed while infected with certain diseases. 973.017(4)(a)1.
1. "HIV" means any strain of human immunodeficiency virus, which causes acquired immunodeficiency syndrome.
973.017(4)(a)3.
3. "Sexually transmitted disease" means syphilis, gonorrhea, hepatitis B, hepatitis C, or chlamydia.
973.017(4)(a)4.
4. "Significantly exposed" means sustaining a contact that carries a potential for transmission of a sexually transmitted disease or HIV by one or more of the following:
973.017(4)(a)4.a.
a. Transmission, into a body orifice or onto mucous membrane, of blood; semen; vaginal secretions; cerebrospinal, synovial, pleural, peritoneal, pericardial, or amniotic fluid; or other body fluid that is visibly contaminated with blood.
973.017(4)(a)4.b.
b. Exchange, during the accidental or intentional infliction of a penetrating wound, including a needle puncture, of blood; semen; vaginal secretions; cerebrospinal, synovial, pleural, peritoneal, pericardial, or amniotic fluid; or other body fluid that is visibly contaminated with blood.
973.017(4)(a)4.c.
c. Exchange, into an eye, an open wound, an oozing lesion, or other place where a significant breakdown in the epidermal barrier has occurred, of blood; semen; vaginal secretions; cerebrospinal, synovial, pleural, peritoneal, pericardial, or amniotic fluid; or other body fluid that is visibly contaminated with blood.
973.017(4)(b)
(b) When making a sentencing decision concerning a person convicted of a serious sex crime, the court shall consider as an aggravating factor the fact that the serious sex crime was committed under all of the following circumstances:
973.017(4)(b)1.
1. At the time that he or she committed the serious sex crime, the person convicted of committing the serious sex crime had a sexually transmitted disease or acquired immunodeficiency syndrome or had had a positive HIV test.
973.017(4)(b)2.
2. At the time that he or she committed the serious sex crime, the person convicted of committing the serious sex crime knew that he or she had a sexually transmitted disease or acquired immunodeficiency syndrome or that he or she had had a positive HIV test.
973.017(4)(b)3.
3. The victim of the serious sex crime was significantly exposed to HIV or to the sexually transmitted disease, whichever is applicable, by the acts constituting the serious sex crime.
973.017(5)
(5) Aggravating factors; violent felony committed against elder person. 973.017(5)(a)1.
1. "Elder person" means any individual who is 62 years of age or older.
973.017(5)(b)
(b) When making a sentencing decision concerning a person convicted of a violent felony, the court shall consider as an aggravating factor the fact that the victim of the violent felony was an elder person. This paragraph applies even if the person mistakenly believed that the victim had not attained the age of 62 years.
973.017(6)
(6) Aggravating factors; child sexual assault or child abuse by certain persons. 973.017(6)(a)(a) In this subsection, "person responsible for the welfare of the child" includes the child's parent, stepparent, guardian, or foster parent; an employee of a public or private residential home, institution, or agency; any other person legally responsible for the child's welfare in a residential setting; or a person employed by one who is legally responsible for the child's welfare to exercise temporary control or care for the child.
973.017(6)(b)
(b) When making a sentencing decision concerning a person convicted of a violation of
s. 948.02 (1) or
(2),
948.025 (1),
948.03 (2) or
(3), or
948.051, the court shall consider as an aggravating factor the fact that the person was a person responsible for the welfare of the child who was the victim of the violation.
973.017(6m)
(6m) Aggravating factors; domestic abuse in presence of a child. 973.017(6m)(a)1.
1. "Child" means an individual who has not attained the age of 18 years.
973.017(6m)(b)
(b) When making a sentencing decision concerning a person convicted of a crime that involves an act of domestic abuse, the court shall consider as an aggravating factor the fact that the act was committed in a place or a manner in which the act was observable by or audible to a child or was in the presence of a child and the actor knew or had reason to know that the act was observable by or audible to a child or was in the presence of a child.
973.017(7)
(7) Aggravating factors; homicide or injury by intoxicated use of a vehicle. When making a sentencing decision concerning a person convicted of a violation of
s. 940.09 (1) or
940.25 (1), the court shall consider as an aggravating factor the fact that, at the time of the violation, there was a minor passenger under 16 years of age or an unborn child in the person's motor vehicle.
973.017(8)
(8) Aggravating factors; controlled substances offenses. 973.017(8)(a)1.1. In this paragraph, "precinct" means a place where any activity is conducted by a prison, jail, or house of correction.
973.017(8)(a)2.
2. When making a sentencing decision concerning a person convicted of violating
s. 961.41 (1) or
(1m), the court shall consider as an aggravating factor the fact that the violation involved delivering, distributing, or possessing with intent to deliver or distribute a controlled substance or controlled substance analog to a prisoner within the precincts of any prison, jail, or house of correction.
973.017(8)(a)3.
3. When making a sentencing decision concerning a person convicted of violating
s. 961.65, the court shall consider as an aggravating factor the fact that the person intended to deliver or distribute methamphetamine or a controlled substance analog of methamphetamine to a prisoner within the precincts of any prison, jail, or house of correction.
