1995 Wisconsin Act 27

27,7234v Section 7234v. 946.44 (2) (d) of the statutes, as affected by 1993 Wisconsin Acts 377 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

946.44 (2) (d) “Prisoner" includes a person who is under the supervision of the department of corrections under s. 48.34 (4h) or placed in a secured correctional facility or secured child caring institution under s. 48.34 (4m) or 48.357 (4) or (5) (e) or who is subject to an order under s. 48.366.

27,7235m Section 7235m. 946.45 (1) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

946.45 (1) Any officer or employe of an institution where prisoners are detained or any officer or employe providing corrective sanctions supervision under s. 48.533 or youthful offender supervision under s. 48.537 who, through his or her neglect of duty, allows a prisoner in his or her custody to escape is guilty of a Class B misdemeanor.

27,7235p Section 7235p. 946.45 (1) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

946.45 (1) Any officer or employe of an institution where prisoners are detained or any officer or employe providing corrective sanctions supervision under s. 48.533 or serious juvenile offender supervision under s. 48.538 who, through his or her neglect of duty, allows a prisoner in his or her custody to escape is guilty of a Class B misdemeanor.

27,7235r Section 7235r. 946.45 (2) (c) of the statutes is amended to read:

946.45 (2) (c) “Institution" includes a secured juvenile correctional facility and a secured child caring institution.

27,7235t Section 7235t. 946.45 (2) (d) of the statutes, as affected by 1993 Wisconsin Acts 377 and 491, is amended to read:

946.45 (2) (d) “Prisoner" includes a person who is committed to the custody of the department of corrections under s. 48.34 (4g) or placed in a secured correctional facility under s. 48.34 (4m) or 48.357 (4) or (5) (e) or who is subject to an order under s. 48.366.

27,7235v Section 7235v. 946.45 (2) (d) of the statutes, as affected by 1993 Wisconsin Acts 377 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

946.45 (2) (d) “Prisoner" includes a person who is under the supervision of the department of corrections under s. 48.34 (4h) or placed in a secured correctional facility or secured child caring institution under s. 48.34 (4m) or 48.357 (4) or (5) (e) or who is subject to an order under s. 48.366.

27,7235x Section 7235x. 946.46 of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

946.46 Encouraging violation of probation or parole. Whoever intentionally aids or encourages a parolee or probationer or any person committed to the custody or supervision of the department of corrections, the department of health and social services or a county department under s. 46.215, 46.22 or 46.23 by reason of crime or delinquency to abscond or violate a term or condition of parole or probation is guilty of a Class A misdemeanor.

27,7236 Section 7236 . 948.01 (1) of the statutes is amended to read:

948.01 (1) “Child" means a person who has not attained the age of 18 years, except that for purposes of prosecuting a person who is alleged to have violated a state or federal criminal law, “child" does not include a person who has attained the age of 17 years.

27,7237 Section 7237 . 948.31 (1) (a) 2. of the statutes is amended to read:

948.31 (1) (a) 2. The department of health and social services or the department of corrections or any person, county department under s. 46.215, 46.22 or 46.23 or licensed child welfare agency, if custody of the child has been transferred under ch. 48 to that department, person or agency.

27,7238 Section 7238 . 948.35 (1) (a) of the statutes is amended to read:

948.35 (1) (a) Except as provided in pars. (b) to (d) or s. 161.455, any person who has attained the age of 18 17 years and who, with the intent that a felony be committed and under circumstances that indicate unequivocally that he or she has the intent, knowingly solicits, advises, hires, directs or counsels a child person 17 years of age or under to commit that felony may be fined or imprisoned or both, not to exceed the maximum penalty for the felony.

27,7239 Section 7239 . 948.36 (1) of the statutes is amended to read:

948.36 (1) Any person who has attained the age of 18 17 years and who, with the intent that a Class A felony be committed and under circumstances that indicate unequivocally that he or she has that intent, knowingly solicits, advises, hires, directs, counsels, employs, uses or otherwise procures a child person 17 years of age or under to commit that Class A felony may, if the Class A felony is committed by the child, be imprisoned for not more than 5 years in excess of the maximum period of imprisonment provided by law for that Class A felony.

27,7240 Section 7240 . 948.45 (1) of the statutes is amended to read:

948.45 (1) Except as provided in sub. (2), any person 18 17 years of age or older who, by any act or omission, knowingly encourages or contributes to the truancy, as defined under s. 118.16 (1) (c), of a child person 17 years of age or under is guilty of a Class C misdemeanor.

27,7241 Section 7241 . 948.45 (2) of the statutes is amended to read:

948.45 (2) Subsection (1) does not apply to a person who has under his or her control a child who has been sanctioned under s. 49.50 (7) (h) 49.26 (1) (h).

27,7242 Section 7242 . 948.60 (title), (2) and (3) of the statutes are amended to read:

948.60 (title) Possession of a dangerous weapon by a child person under 18.

(2) (a) Any child person under 18 years of age who possesses or goes armed with a dangerous weapon is guilty of a Class A misdemeanor.

(b) Except as provided in par. (c), any person who intentionally sells, loans or gives a dangerous weapon to a child person under 18 years of age is guilty of a Class E felony.

(c) Whoever violates par. (b) is guilty of a Class D felony if the child person under 18 years of age under par. (b) discharges the firearm and the discharge causes death to himself, herself or another.

(d) A child person under 17 years of age who has violated this subsection is subject to the provisions of ch. 48 unless jurisdiction is waived under s. 48.18

(3) (a) This section does not apply to a child person under 18 years of age who possesses or is armed with a dangerous weapon when the dangerous weapon is being used in target practice under the supervision of an adult or in a course of instruction in the traditional and proper use of the dangerous weapon under the supervision of an adult. This section does not apply to an adult who transfers a dangerous weapon to a child person under 18 years of age for use only in target practice under the adult's supervision or in a course of instruction in the traditional and proper use of the dangerous weapon under the adult's supervision.

(b) This section does not apply to a child person under 18 years of age who is a member of the armed forces or national guard and who possesses or is armed with a dangerous weapon in the line of duty. This section does not apply to an adult who is a member of the armed forces or national guard and who transfers a dangerous weapon to a child person under 18 years of age in the line of duty.

(c) This section does not apply to a child person under 18 years of age who possesses or is armed with a firearm having a barrel 12 inches in length or longer and who is in compliance with ss. 29.226 and 29.227. This section does not apply to an adult who transfers a firearm having a barrel 12 inches in length or longer to a child person under 18 years of age who is in compliance with ss. 29.226 and 29.227.

27,7243 Section 7243 . 948.61 (4) of the statutes is amended to read:

948.61 (4) A child person under 17 years of age who has violated this section is subject to the provisions of ch. 48, unless jurisdiction is waived under s. 48.18.

27,7245 Section 7245 . 967.02 (2) of the statutes is amended to read:

967.02 (2) “Department" means the department of corrections, except as provided in s. ss. 973.135 (1) (a) and 975.001.

27,7245m Section 7245m. 967.052 of the statutes is created to read:

967.052 Prosecution of certain misdemeanor offenses; restriction on penalty. (1) (a) Except as provided in sub. (2), if a prosecutor decides to charge a person with a misdemeanor offense that is punishable by imprisonment and s. 939.615 (1) applies to the offense and to the person to be charged with the offense, the complaint shall specify that the penalty for the offense is the fine and any penalties, other than imprisonment, authorized by law for the offense.

(b) If a prosecutor decides to charge a person with a misdemeanor offense that is punishable by imprisonment and s. 939.615 (1) does not apply to the person to be charged with the offense because he or she has previously been convicted of any state or federal crime, the complaint shall include all of the following:

1. A statement specifying the penalties, including imprisonment, authorized by law for the offense.

2. An allegation that s. 939.615 (1) does not apply to the defendant because he or she has previously been convicted of a state or federal crime.

(2) Notwithstanding s. 939.615 (1), a prosecutor may seek imprisonment authorized by law in a case in which s. 939.615 (1) applies to the offense and to the person to be charged if the prosecutor does all of the following:

(a) Specifies in the complaint the penalties, including imprisonment, authorized by law for the offense.

(b) Specifies in the complaint his or her reasons for seeking imprisonment in the case.

(2m) A prosecutor has the same discretion to seek imprisonment under sub. (2) as he or she has in making other charging decisions. The statement of reasons required under sub. (2) (b) is not an element of the offense and a prosecutor is not required to present any evidence to support his or her decision to seek imprisonment under sub. (2).

(3) If, after filing a complaint under sub. (1) (a), a prosecutor decides to seek imprisonment authorized by law for the offense charged, he or she may move to dismiss the complaint filed under sub. (1) (a). The court shall grant a motion to dismiss under this subsection if jeopardy has not attached in the case. If a motion to dismiss under this subsection is granted, the prosecutor may file a new complaint under sub. (2). A prosecutor may not seek imprisonment for an offense charged in a complaint filed under sub. (1) (a) by amending the complaint.

27,7246 Section 7246 . 967.08 (2) (intro.) of the statutes is amended to read:

967.08 (2) (intro.) The court may permit the following proceedings to be conducted under sub. (1) with the consent of the defendant on the request of either party. The defendant's consent and any request and the opposing party's showing of good cause for not conducting the proceeding under sub. (1) may be made by telephone.

27,7246k Section 7246k. 968.03 (4) of the statutes is created to read:

968.03 (4) (a) If a prosecutor filed a complaint that charges a person with violating s. 946.41 (1) and the person may not be prosecuted under s. 946.41 (1m) (a), the prosecutor shall move the court to dismiss the complaint or, if the defendant may be charged as provided under s. 946.41 (1m) (am), to amend the complaint to charge the defendant with violation of a county ordinance. The motion shall be in writing and shall state the grounds for dismissing or amending the complaint under s. 946.41 (1m).

(b) Upon the filing of a motion to dismiss under par. (a), the court shall dismiss the complaint with prejudice. Upon the filing of a motion under par. (a) to amend the complaint to charge the defendant with violation of a county ordinance, the court shall grant the motion to amend if the defendant may be charged as provided under s. 946.41 (1m) (am) or shall deny the motion and dismiss the complaint with prejudice if the defendant may not be charged as provided under s. 946.41 (1m) (am).

27,7246r Section 7246r. 969.01 (2) (a) of the statutes is amended to read:

969.01 (2) (a) Release pursuant to s. 969.02 or 969.03 may be allowed in the discretion of the trial court after conviction and prior to sentencing or the granting of probation or community supervision.

27,7246s Section 7246s. 969.01 (4) of the statutes is amended to read:

969.01 (4) Considerations in setting conditions of release. If bail is imposed, it shall be only in the amount found necessary to assure the appearance of the defendant. Conditions of release, other than monetary conditions, may be imposed for the purpose of protecting members of the community from serious bodily harm or preventing intimidation of witnesses. Proper considerations in determining whether to release the defendant without bail, fixing a reasonable amount of bail or imposing other reasonable conditions of release are: the ability of the arrested person to give bail, the nature, number and gravity of the offenses and the potential penalty the defendant faces, whether the alleged acts were violent in nature, the defendant's prior criminal record, if any, the character, health, residence and reputation of the defendant, the character and strength of the evidence which has been presented to the judge, whether the defendant is currently on probation, community supervision or parole, whether the defendant is already on bail or subject to other release conditions in other pending cases, whether the defendant has been bound over for trial after a preliminary examination, whether the defendant has in the past forfeited bail or violated a condition of release or was a fugitive from justice at the time of arrest, and the policy against unnecessary detention of the defendant's pending trial.

27,7246t Section 7246t. 969.03 (3) of the statutes is amended to read:

969.03 (3) Once bail has been given and a charge is pending or is thereafter filed or transferred to another court, the latter court shall continue the original bail in that court subject to s. 969.08. A single bond form shall be utilized for all stages of the proceedings through conviction and sentencing or the granting of probation or community supervision.

27,7247 Section 7247 . 970.01 (1) of the statutes is amended to read:

970.01 (1) Any person who is arrested shall be taken within a reasonable time before a judge in the county in which the offense was alleged to have been committed. The person may waive physical appearance and request that the initial appearance may be conducted on the record by telephone or live audiovisual means under s. 967.08. If the initial appearance is conducted by telephone or live audiovisual means, the person may waive physical appearance. Waiver of physical appearance shall be placed on the record of the initial appearance and does not waive other grounds for challenging the court's personal jurisdiction. If the person does not waive physical appearance, conducting the initial appearance by telephone or live audiovisual means under s. 967.08 does not waive any grounds that the person has for challenging the court's personal jurisdiction.

27,7247m Section 7247m. 970.02 (1) (a) of the statutes is amended to read:

970.02 (1) (a) Of the charge against the defendant and shall furnish the defendant with a copy of the complaint which, subject to s. 967.052 (1) and (2), shall contain the possible penalties for the offenses set forth therein in the complaint. In the case of a felony, the judge shall also inform the defendant of the penalties for the felony with which the defendant is charged.

27,7247t Section 7247t. 971.165 (2) of the statutes is amended to read:

971.165 (2) If the plea of not guilty by reason of mental disease or defect is tried to a jury, the court shall inform the jury that the effect of a verdict of not guilty by reason of mental disease or defect is that, in lieu of criminal sentence or, probation or community supervision, the defendant will be committed to the custody of the department of health and social services and will be placed in an appropriate institution unless the court determines that the defendant would not pose a danger to himself or herself or to others if released under conditions ordered by the court. No verdict on the plea of not guilty by reason of mental disease or defect may be valid or received unless agreed to by at least five-sixths of the jurors.

27,7249 Section 7249 . 971.23 (10) of the statutes is created to read:

971.23 (10) Payment of photocopy costs in cases involving indigent defendants. When the state public defender or a private attorney appointed under s. 977.08 requests photocopies of any item that is discoverable under this section, the state public defender shall pay any fee charged for the photocopies from the appropriation under s. 20.550 (1) (a). If the person providing photocopies under this section charges the state public defender a fee for the photocopies, the fee may not exceed the actual, necessary and direct cost of photocopying.

27,7249m Section 7249m. 971.29 (2m) of the statutes is created to read:

971.29 (2m) Amendment of a complaint filed under s. 967.052 (1) (a) is subject to the restriction provided in s. 967.052 (3).

27,7249s Section 7249s. 972.13 (7) of the statutes is amended to read:

972.13 (7) The department shall prescribe and furnish forms to the clerk of each county for use as judgments in cases where a defendant is placed on probation or community supervision or committed to the custody of the department pursuant to chs. 967 to 979.

27,7249t Section 7249t. 972.15 (5) (intro.) of the statutes is amended to read:

972.15 (5) (intro.) The department may use the presentence investigation report for correctional programming, parole consideration or care and treatment of any person sentenced to imprisonment or the intensive sanctions program, placed on probation or community supervision, released on parole or committed to the department under ch. 51 or 971 or any other person in the custody of the department or for research purposes. The department may make the report available to other agencies or persons to use for purposes related to correctional programming, parole consideration, care and treatment, or research. Any use of the report under this subsection is subject to the following conditions:

27,7250 Section 7250 . 973.01 of the statutes is repealed.

27,7251 Section 7251 . 973.011 of the statutes is repealed.

27,7252 Section 7252 . 973.012 of the statutes is repealed.

27,7253 Section 7253 . 973.013 (3m) of the statutes is amended to read:

973.013 (3m) If a person who has not attained the age of 16 years is sentenced to the Wisconsin state prisons, the department of corrections shall place the person at a secured juvenile correctional facility or a secured child caring institution, unless the department of health and social services, after consultation with the department of corrections, 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 of health and social services corrections by rule. This subsection does not preclude the department of corrections from designating an adult correctional institution 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.

27,7253m Section 7253m. 973.015 (2) of the statutes is amended to read:

973.015 (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. If the person is on community supervision, the person has successfully completed the sentence if he or she has satisfied the conditions of community supervision. Upon successful completion of the sentence the detaining or probationary or supervising 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.

27,7255 Section 7255 . 973.032 (2) (a) of the statutes is amended to read:

973.032 (2) (a) A court may sentence a person under sub. (1) if the department provides a presentence investigation report recommending that the person be sentenced to the program. If the department does not make the recommendation, a court may order the department to assess and evaluate the person. After that assessment and evaluation, the court may sentence the person to the program unless the department objects on the ground that the presumptively appropriate sentence under the sentencing guideline matrices is it recommends that the person be placed on probation.

27,7255am Section 7255am. 973.045 (1) (intro.) of the statutes is amended to read:

973.045 (1) (intro.) On or after October 1, 1983, if a court imposes a sentence or places a person on probation or community supervision, the court shall impose a crime victim and witness assistance surcharge calculated as follows:

27,7255jm Section 7255jm. 973.046 (1) (intro.) of the statutes is amended to read:

973.046 (1) (intro.) Beginning on August 12, 1993, if a court imposes a sentence or places a person on probation or community supervision under any of the following circumstances, the court shall impose a deoxyribonucleic acid analysis surcharge of $250:

27,7255sm Section 7255sm. 973.047 (1) (b) of the statutes is amended to read:

973.047 (1) (b) Except as provided in par. (a), if a court imposes a sentence or places a person on probation or community supervision for any violation under chs. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. The court may require the person to comply with the reporting requirements under s. 175.45 if the court determines that the underlying conduct was seriously sexually assaultive in nature and that it would be in the interest of public protection to have the person report under s. 175.45.