CHAPTER 973
SENTENCING
973.013 Indeterminate sentence; Wisconsin state prisons.
973.0135 Sentence for certain serious felonies; parole eligibility determination.
973.014 Sentence of life imprisonment; parole eligibility determination.
973.015 Misdemeanors, special disposition.
973.02 Place of imprisonment when none expressed.
973.032 Sentence to intensive sanctions program.
973.033 Sentencing; restriction on firearm possession.
973.034 Sentencing; restriction on child sex offender working with children.
973.035 Transfer to state-local shared correctional facilities.
973.04 Credit for imprisonment under earlier sentence for the same crime.
973.045 Crime victim and witness assistance surcharge.
973.046 Deoxyribonucleic acid analysis surcharge.
973.047 Deoxyribonucleic acid analysis requirements.
973.048 Sex offender reporting requirements.
973.055 Domestic abuse assessments.
973.07 Failure to pay fine or costs or to comply with certain community service work.
973.075 Forfeiture of property derived from crime and certain vehicles.
973.076 Forfeiture proceedings.
973.077 Burden of proof; liabilities.
973.08 Records accompanying prisoner.
973.10 Control and supervision of probationers.
973.11 Placements with volunteers in probation program.
973.12 Sentence of a repeater or persistent repeater.
973.13 Excessive sentence, errors cured.
973.135 Courts to report convictions to the department of education.
973.14 Sentence to house of correction.
973.15 Sentence, terms, escapes.
973.17 Judgment against a corporation or limited liability company.
973.18 Notice of rights to appeal and representation.
973.19 Motion to modify sentence.
Ch. 973 Cross-reference
Cross-reference: See definitions in s.
967.02.
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) 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 parole 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 of corrections shall place the person at a secured juvenile correctional facility or a secured child caring institution, unless 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 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.
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 supreme court adopts Standard 2.3 (c) of the ABA Standards Relating to Appellate Review of Sentences, thereby requiring the sentencing judge to state for the record in the presence of the defendant the reasons for selecting the particular sentence imposed or, if the sentencing judge deems it in the interest of the defendant not to state his reasons in the presence of the defendant, to prepare a statement for transmission to the reviewing court as part of the record. McCleary v. State, 49 W (2d) 263, 182 NW (2d) 512.
973.013 Annotation
It is not a denial of equal treatment to sentence a defendant to 4 years imprisonment although other persons involved (all minors) received lesser or no punishment. State v. Schilz, 50 W (2d) 395, 184 NW (2d) 134.
973.013 Annotation
An abuse of discretion, as it relates to sentencing procedures, will be found only where there is no rational basis for the imposition of the sentence or these rationale are not articulated in, or inferable from, the record, or where discretion is exercised on the basis of clearly irrelevant or improper factors. Davis v. State, 52 W (2d) 697, 190 NW (2d) 890.
973.013 Annotation
It is not an abuse of discretion to sentence a mature man to 7 years in prison for a sex offense against a 5 year old boy. Bastian v. State, 54 W (2d) 240, 194 NW (2d) 687.
973.013 Annotation
Trial court increase of the defendant's sentence based solely on "reflection", did not constitute a valid basis for modification of a sentence, because this was not a "new factor" justifying a more severe sentence, a prerequisite for sentence reevaluation. Scott v. State, 64 W (2d) 54, 218 NW (2d) 350.
973.013 Annotation
The trial court must take into consideration the time the defendant has spent in preconviction custody. Such consideration must be given even though the time spent in custody when added to the sentence would be less than the maximum. State v. Tew, 54 W (2d) 361, modified by making such consideration mandatory rather than permissive. Byrd v. State, 65 W (2d) 415, 222 NW (2d) 696.
973.013 Annotation
Where the preconviction time in jail added to the sentence imposed does not reach the maximum possible under the statute, the rule in Byrd and the credit it gives is inapplicable. State v. Seals, 65 W (2d) 434, 223 NW (2d) 158.
973.013 Annotation
Defendant's contention that he is being punished 3 times for carrying a weapon on the night in question is erroneous. He was convicted and sentenced for 3 acts. Ruff v. State, 65 W (2d) 713, 223 NW (2d) 446.
973.013 Annotation
Sentence of the maximum 5 years in prison is reduced to reflect 89 days of a total 118 days of pretrial incarceration during which time defendant was unable to raise bail because of indigency. Wilkins v. State, 66 W (2d) 628, 225 NW (2d) 492.
